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RIAA losing money, firing employees, giving execs raises


The RIAA has submitted its latest Form 990 tax filing to the IRS, which details the organization's precipitous shelving off in budget and employees (though the execs gave themselves fat raises):

The drop in income can be solely attributed to lower membership dues from the major music labels. Over the past two years label contributions have dropped to $23.6 million, and over a three-year period the labels cut back a total of $30 million, which is more than the RIAA’s total income today.

The cutbacks are not immediately apparent from the salaries paid to the top executives. RIAA Chairman and CEO Cary Sherman, for example, earned $1.46 million compared to $1.37 million the year before. Senior Executive Vice President Mitch Glazier also saw a modest rise in income from $618,946 to $642,591.

...The reduction in legal costs is even more significant, going from to $6.4 million to $1.2 million in two years. In part, this reduction was accomplished by no longer targeting individual file-sharers in copyright infringement lawsuits, which is a losing exercise for the group.

Looking through other income we see that the RIAA received $196,378 in “anti-piracy restitution,” coming from the damages awarded in lawsuits against Limewire and such.

RIAA Makes Drastic Employee Cuts as Revenue Plummets [Ernesto/TorrentFreak]

Chronology of the Canadian Conservative government's war on science


No government in Canadian history has been as hostile to science as Stephen Harper's Conservatives. John Dupuis has assembled a brief, brutal chronology of the ways that the Tories have attacked Canadian science. It's no coincidence that this government is so hostile to science, seeing as how its funding and grassroots support come from the tar sands and related Big Oil interests, who want as little known as possible about the impact of their dirty industry on the planet we all share.

This is a brief chronology of the current Conservative Canadian government’s long campaign to undermine evidence-based scientific, environmental and technical decision-making. It is a government that is beholden to big business, particularly big oil, and that makes every attempt to shape public policy to that end. It is a government that fundamentally doesn’t believe in science. It is a government that is more interested in keeping its corporate masters happy than in protecting the environment.

As is occasionally my habit, I have pulled together a chronology of sorts. It is a chronology of all the various cuts, insults, muzzlings and cancellations that I’ve been able to dig up. Each of them represents a single shot in the Canadian Conservative war on science. It should be noted that not every item in this chronology, if taken in isolation, is necessarily the end of the world. It’s the accumulated evidence that is so damning.

The Canadian War on Science: A long, unexaggerated, devastating chronological indictment (Thanks, John!)

(Image: US Tar Sands exploratory mission, a Creative Commons Attribution Share-Alike (2.0) image from beforeitstarts's photostream)

Nutella's lawyers shut down World Nutella Day: STOP LIKING US SO MUCH!

Lawyers for Ferrero, SpA (makers of the Nutella spread) have sent a legal threat to Sara Rosso, who founded and maintains the World Nutella Day site, where they promote Nutella through recipes, tweets, stories, and (obviously) an annual day devoted to the sugary gloop. Rosso has capitulated and will no longer promote their products for them.

Seven years after the first World Nutella Day in 2007, I never thought the idea of dedicating a day to come together for the love of a certain hazelnut spread would be embraced by so many people! I’ve seen the event grow from a few hundred food bloggers posting recipes to thousands of people Tweeting about it, pinning recipes on Pinterest, and posting their own contributions on Facebook! There have been songs sung about it, short films created for it, poems written for it, recipes tested for it, and photos taken for it.

The cease-and-desist letter was a bit of a surprise and a disappointment, as over the years I’ve had contact and positive experiences with several employees of Ferrero, SpA., and with their public relations and brand strategy consultants, and I’ve always tried to collaborate and work together in the spirit and goodwill of a fan-run celebration of a spread I (to this day) still eat.

A Goodbye to World Nutella Day? (Thanks, Rebecca!)

Movie studios send fraudulent censorship demands over Pirate Bay documentary

You'll remember last month's news that Fox had sent fraudulent takedown notices regarding my novel Homeland. This is hardly an isolated incident: the studios routinely exhibit depraved indifference to the inaccuracies in their automated censorship threats to search engines and webhosts.

This is especially troubling when the studios' notices catch media made specifically to criticize them and their legal strategies. When that happens, they haven't caught a few dolphins in the tuna net -- they've caught some rival activists in the net, activists who're trying to get them to take more care with their dragnet techniques.

A case in point: TPB:AFK a brilliantly made documentary about the MPAA-directed attacks on The Pirate Bay's servers in Sweden, funded through a highly successful Kickstarter. The documentary is Creative Commons licensed and can be freely distributed across the Internet, but Viacom, Paramount, Fox and Lionsgate have been sending takedown notices to services all over the Internet -- notices in which they aver, on penalty of perjury, that they have a good faith basis for asserting that they represent the people who made "TPB:AFK."

Which they don't.

Over the past weeks several movie studios have been trying to suppress the availability of TPB-AFK by asking Google to remove links to the documentary from its search engine. The links are carefully hidden in standard DMCA takedown notices for popular movies and TV-shows.

The silent attacks come from multiple Hollywood sources including Viacom, Paramount, Fox and Lionsgate and are being sent out by multiple anti-piracy outfits.

Fox, with help from six-strikes monitoring company Dtecnet, asked Google to remove a link to TPB-AFK on Mechodownload. Paramount did the same with a link on the Warez.ag forums.

Hollywood Studios Censor Pirate Bay Documentary [Ernesto/TorrentFreak]

Patent lawyers: Help! The evil Makers won't let us apply for bullshit 3D printing patents!

Two minor characters from my novel Makers have apparently come to life and written an article for 3D Printing Industry. These two people are patent lawyers for Finnegan IP law firm, Washington, DC, which I don't recall making up, but this is definitely a pair of Doctorow villains (though, thankfully, I had the good sense not to give them any lines in the book -- they're far too cliched in their anodyne evil for anyone to really believe in).

These patent lawyers are upset because the evil Makers (capital-M and all!) are working with the Electronic Frontier Foundation to examine bad 3D printing patents submitted to the US Patent and Trademark Office. The problem is that 3D printing is 30 years old, so nearly all the stuff that people want to patent and lock up and charge rent on for the next 20 years has already been invented, and the pesky Makers are insisting on pointing out this inconvenient fact to the USPTO.

This breaks the established order, which is much to be preferred: the UPSTO should grant all the bullshit patents that companies apply for. The big companies can pay firms like Finnegan to file patents on every trivial, stale, ancient idea and then cross-license them to each other, but use them to block disruptive new entrants to the marketplace. The old system also has the desirable feature of arming patent trolls with the same kind of bullshit patents so that they can sue giant companies and disruptive startups alike, and Finnegan can be there to soak up the tens of millions of dollars in legal fees generated by all this activity.

Can't these darned Makers understand? The point of a patent isn't to protect novel, useful inventions! It's to put the brakes on out-of-control innovation and to ensure that the children of the partners at Finnegan can go to a good college! What will happen to GDP if we divert money from the honest business of barratry and allow it to be squandered on making and selling stuff that people find useful?

The America Invents Act changed U.S. patent law to allow preissuance submissions, a mechanism by which third parties can submit patents or printed publications to the United States Patent & Trademark Office (USPTO) for consideration during patent examination, along with “a concise description of the asserted relevance of each submitted document.”[2] The U.S. Congress intended preissuance submissions to help the USPTO increase the efficiency of examination and the quality of issued patents.[3] Congress did not, however, intend the use of this mechanism to interfere with patent examination.[4] Nor did it intend preissuance submissions to allow for third party protest or preissuance opposition.[5] Yet a segment of the 3D printing (3DP) community, known as Makers, is using preissuance submissions as a sword to oppose 3DP-related patent applications. Perhaps more importantly, they are leveraging the concept of crowdsourcing to do so, potentially creating problems for patent applicants everywhere.[6]

To understand why and how Makers are mobilizing to challenge patents through presissuance submissions, one must first understand what 3DP is, and the composition of the 3DP community. 3D printing—more formally known as additive manufacturing—is a technology that creates three dimensional objects from CAD files. There are many legacy and emerging 3DP technologies. Generally, 3DP works by fusing layer upon layer of materials, such as plastics, powder metals, and ceramics, to build a final, fully formed product, much as Athena sprung full-blown from the head of Zeus. This process requires a digital 3D model of the product, stored in a CAD file, and a 3D printer. Digital product models can be obtained by either (1) designing the product with a CAD program; (2) downloading an existing CAD file from the Internet; or (3) scanning an existing product with a 3D scanner to create a CAD file. Further, almost anyone can buy a 3D printer today; they are sold through Skymall and at Staples. Where 3DP was once cost prohibitive for most, ‘prosumer’ and home printers are now available at reasonable prices.

Crowdsourcing Prior Art to Defeat 3D Printing Patent Applications

(via Beyond the Beyond)

(Images: Caricature of William Otto Adolph Julius Danckwerts, Caricature of Charles Russell, Leslie Ward/Vanity Fair/Wikimedia Commons)

Nintendo claims ownership over gamer fanvids on YouTube

Alan Wexelblat comment on the news that Nintendo has claimed "monetization rights" to fan videos on YouTube that feature tips on playing its games. Some of these videos are incredibly popular, and while their use of Nintendo's creations are often fair use, Nintendo gets to use YouTube's monetization system to advertise on all the videos:

The basic idea is that if someone makes a video of themselves playing a Nintendo game and uploads it to YouTube any ads shown with that video will be of Nintendo's choosing and revenue from it will flow to Nintendo. Ads may appear beside the videos or actually be inserted before and after the video when people go to play it.

The problem here is that "Let's Play" style videos are a pervasive form of information and sharing throughout the industry. I did a quick YouTube search for "let's play" for this blog post and got back over 9.1 million hits. People create these videos to show off their skills, to highlight interesting things they've seen such as game "easter eggs", to provide guides or walk-throughs, or just to share a bit of fun with friends. There are a few professional or semi-professional games writers who use this style of video to promote themselves or their channels, but they are a tiny minority of that nine million.

Nintendo has positioned its action as a gentler approach; rather than trying to ban content related to Nintendo games, they just want to make money off it by changing the video that an individual uploaded. Yeah, um, guys that's not a whole lot better. It also comes across as cheap and lazy - rather than creating content for YouTube that fans and players would want to watch, Nintendo is just taking over other peoples' content.

Nintendo Decides It Can Own Fans' YouTube Content

Company that oversees US "six-strikes" copyright shakedown has its company status revoked

The Center for Copyright Information -- a company established by the RIAA, MPAA and various ISPs -- to oversee the American six-strikes copyright enforcement status has had its company status revoked and faces fines and other penalties. It appears that they forgot to file their government paperwork and pay their fees; they promise that they'll be back online once it's sorted out.

The revocation means that CCI’s articles of organization are void, most likely because the company forgot to file the proper paperwork or pay its fees.

“If entity’s status is revoked then articles of incorporation / organization shall be void and all powers conferred upon such entity are declared inoperative, and, in the case of a foreign entity, the certificate of foreign registration shall be revoked and all powers conferred hereunder shall be inoperative,” the DCRA explains.

Unfortunately for the CCI, the DCRA doesn’t have a strike based system and the company is now facing civil penalties and fines.

It appears that company status was revoked last year which means that other businesses now have the option to take over the name. That would be quite an embarrassment, to say the least, and also presents an opportunity to scammers.

“When a Washington DC corporation is revoked by the DCRA, its name is reserved and protected until December 31st of the year the corporation is revoked. After December 31st, other business entities may use the corporations name,” the DCRA explains on its website.

“Six Strikes” Anti-Piracy Outfit Loses Company Status, Faces Penalties [Ernesto/TorrentFreak]

(Thanks, That Anonymous Coward)

Canadian govt turns the national science agenda over to incumbent big businesses

Jonathan sez,

Apparently the Conservative government has decided that government research labs should be concentrating on science in the public interest ... oops, I mean, science in *industry's* interest. A major overhaul of national science policy requires these labs to begin "Conducting collaborative R&D projects with private industry, sharing the costs and the risks."

Notice, that's research in the service of *existing* industries. So government labs can help the current rich get richer, but may not create whole new industries. An applied mathematician might describe this as: you are allowed to climb toward the top of the hill you are on now, but not allowed to jump to other hills which may reach much higher. ...And your applied mathematician consultant would tell you that this is not a way likely to find a global maximum, merely a local one. Maybe the Conservative government should listen to some scientists before ruining science policy.

Unfortunately, this is just the latest in a series of Conservative government attacks on science in Canada, which has included muzzling scientists and shutting down the Experimental Lakes Area -- "Canada's LHC," the world's leading site for critical research on freshwater systems.

Research council’s makeover leaves Canadian industry setting the agenda (Thanks, Jonathan!)

Timelapse of beautiful, ancient, endangered red pine forest in Ontario

Here's a beautiful timelapse video of an endangered, uniquely significant red pine forest in Ontario. The Ontario government has just renewed the mining licenses for the territory around it:

Wolf Lake is surrounded by the largest ancient red pine forest in the world - an endangered ecosystem that remains in only 1.2% of its former extent. The government of Ontario promised protect the ancient forest, but 13 years later it is still open to destructive mining and mineral exploration.

Save Wolf Lake (Thanks, Jon!)

Debunking the HTML5 DRM myths


Kyre sez, "The Free Culture Foundation has posted a thorough response to the most common and misinformed defenses of the W3C's Extended Media Extensions (EME) proposal to inject DRM into HTML5. They join the EFF and FSF in a call to send a strong message to the W3C that DRM in HTML5 undermines the W3C's self-stated mission to make the benefits of the Web 'available to all people, whatever their hardware, software, network infrastructure, native language, culture, geographical location, or physical or mental ability.' The FCF counters the three most common myths by unpacking some quotes which explain that 1.) DRM is not about protecting copyright. That is a straw man. DRM is about limiting the functionality of devices and selling features back in the form of services. 2.) DRM in HTML5 doesn't obsolete proprietary, platform-specific browser plug-ins; it encourages them. 3.) the Web doesn't need big media; big media needs the Web. There is also a new coalition of 27 internet freedom companies and groups standing up to the W3C."

Don’t let the myths fool you: the W3C’s plan for DRM in HTML5 is a betrayal to all Web users.

AP: Chavez made "meager" gains, only reduced poverty, didn't build the world's tallest building

Associated Press business reporter Pamela Simpson wrote a terrible obit for Huge Chavez, writing

Chavez invested Venezuela’s oil wealth into social programs including state-run food markets, cash benefits for poor families, free health clinics and education programs. But those gains were meager compared with the spectacular construction projects that oil riches spurred in glittering Middle Eastern cities, including the world’s tallest building in Dubai and plans for branches of the Louvre and Guggenheim museums in Abu Dhabi.

Jim Naureckas has an appropriately scathing response:

In case you're curious about what kind of results this kooky agenda had, here's a chart (NACLA, 10/8/12) based on World Bank poverty stats–showing the proportion of Venezuelans living on less than $2 a day falling from 35 percent to 13 percent over three years. (For comparison purposes, there's a similar stat for Brazil, which made substantial but less dramatic progress against poverty over the same time period.)

Of course, during this time, the number of Venezuelans living in the world's tallest building went from 0 percent to 0 percent, while the number of copies of the Mona Lisa remained flat, at none. So you have to say that Chavez's presidency was overall pretty disappointing–at least by AP's standards.

AP: Chavez Wasted His Money on Healthcare When He Could Have Built Gigantic Skyscrapers (via Making Light)

Music industry hates anti-spam laws

Michael Geist sez,

The business opposition to Canada's anti-spam and spyware legislation has added an unlikely supporter: the Canadian Recording Industry Association, now known as Music Canada. The organization has launched an advocacy campaign against the law, claiming that it "will particularly hurt indie labels, start-ups, and bands struggling to build a base and a career." Music Canada is urging people to tweet at Canadian Heritage Minister James Moore to ask him to help bands who it says will suffer from anti-spam legislation.

Yet Music Canada's specific examples mislead its members about the impact of the legislation. It wrongly claims that bands and labels won't be able to contact venues or stay in contact with fans. To top it off, the industry that introduced lawsuits against individuals for file sharing (CRIA members first commenced such actions in 2004) and brought us the Sony Rootkit debacle is now concerned with lawsuits against its own members for failing to abide by an anti-spam and spyware law.

Is the Road to Music Success Paved with Spam? Canada's Music Lobby Apparently Thinks So spam,copyfight,corruption,canada,corporatism

Petition to reverse ban on cellphone unlocking needs your sig!

Derek Khanna (the GOP staffer who got fired after penning an eminently sensible paper on copyright policy) sez, "The White House Petition to reverse the decision to ban unlocking cellphones is at 72,000 signatures, but it needs to get to 100,000 signatures by February 24, 2013. On Friday Representative DeFazio tweeted in favor of reform - read the article about new prohibition on unlocking your own cellphone here." Cory

Economic recovery in the US actually made 99% of Americans poorer, top 1% captured 121% of gains

"Striking it Richer," a paper by Emmanuel Saez (an economist at UC Berkeley) looks at the way that the dividends of the slow US "economic recovery" have been distributed. Saez finds that 121% of the economic gains since 2009 have been captured by the richest 1% of Americans -- in other words, despite economic growth, the poorest 99% of Americans actually got poorer through the "recovery."

This confirms a pattern that Matt Stoller highlighted: that income inequality increased more under Obama than under Bush. And the new Saez paper also describes how it came about. In short form, income to the top 1% is significantly influenced by capital gains. Remember, the tax reporting is not clean here: rising equity and bond markets help all those private equity and hedge fund professionals, who are able to get capital gains treatment for what ought to be labor income. But the paper also stresses that the lower orders were hit hard in the aftermath of the global financial crisis than in the dot-bomb era, which also saw a big drop in capital gains. That isn’t as hard to understand. The collapse of the dot-com mania didn’t impair the real economy overmuch because it was not fueled in a meaningful way by borrowings. By contrast, the housing bubble, and more important (in terms of damage to the financial system) the much housing exposure created synthetically by CDOs that consisted entirely or mainly of credit default swaps was highly geared, hence when it collapsed, it took credit providers down with it.

Yes, Virginia, the Rich Continue to Get Richer: the Top 1% Got 121% of Income Gains Since 2009 [Yves Smith/Naked Capitalism]

Raytheon making social-network-mining software to help gov'ts spy on citizens

Raytheon's "RIOT" (Rapid Information Overlay Technology) is intended to help governments all over the world by providing a "Google for spies" that mines multiple online sources to build up detailed pictures of the personal activities of their citizens:

The sophisticated technology demonstrates how the same social networks that helped propel the Arab Spring revolutions can be transformed into a "Google for spies" and tapped as a means of monitoring and control.

Using Riot it is possible to gain an entire snapshot of a person's life – their friends, the places they visit charted on a map – in little more than a few clicks of a button.

In the video obtained by the Guardian, it is explained by Raytheon's "principal investigator" Brian Urch that photographs users post on social networks sometimes contain latitude and longitude details – automatically embedded by smartphones within so-called "exif header data."

Riot pulls out this information, showing not only the photographs posted onto social networks by individuals, but also the location at which the photographs were taken.

"We're going to track one of our own employees," Urch says in the video, before bringing up pictures of "Nick," a Raytheon staff member used as an example target. With information gathered from social networks, Riot quickly reveals Nick frequently visits Washington Nationals Park, where on one occasion he snapped a photograph of himself posing with a blonde haired woman.

"We know where Nick's going, we know what Nick looks like," Urch explains, "now we want to try to predict where he may be in the future."

Riot can display on a spider diagram the associations and relationships between individuals online by looking at who they have communicated with over Twitter. It can also mine data from Facebook and sift GPS location information from Foursquare, a mobile phone app used by more than 25 million people to alert friends of their whereabouts. The Foursquare data can be used to display, in graph form, the top 10 places visited by tracked individuals and the times at which they visited them.

The video shows that Nick, who posts his location regularly on Foursquare, visits a gym frequently at 6am early each week. Urch quips: "So if you ever did want to try to get hold of Nick, or maybe get hold of his laptop, you might want to visit the gym at 6am on a Monday."

The associated patent says that Raytheon believes that its software can judge whether its subjects constitute a "security risk"

Software that tracks people on social media created by defence firm [Guardian/Ryan Gallagher]

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