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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)

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

Top UK government officials tamper with inquest into Brit assassinated by Russian spies in London, suppress evidence

Marina Litvinenko, widow of Alexander Litvinenko (a British citizen who was assassinated in London by two former KGB agents who poisoned him with radioactive polonium) has accused the British government, Secretary of State William Hague, and PM David Cameron of sabotaging the coroner's inquest into her husband's death. Hague and Cameron intervened in the coroner's hearing to seal key evidence that implicated the Russian government in Litvinenko's killing.

Sir Robert Owen, who is leading the inquest and who has seen the material, characterised it as "documents that examined whether UK officials could have done more to prevent his murder." 's widow says that this is part of "a secret political deal with the Kremlin." This comes against a charm offensive by the UK government to increase Russian investment in Britain.

The former Labour government severed all contacts with Russia's FSB spy agency in 2007 after concluding it had played a leading role in Litvinenko's assassination. Putin is the agency's former chief.

Mrs Litvinenko added: "This is a very sad day, a tragedy for British justice which has until now been respected around the world, and a frightening precedent for all of those who have been trying so hard to expose the crimes committed by a conspiracy of organised criminals who operate inside the Kremlin."

In his ruling (pdf), Owen said the inquest scheduled to take place later this year might now result in an "incomplete, misleading and unfair" verdict.

The coroner said he would consider inviting Theresa May, the home secretary, to hold a public inquiry instead. The inquiry could hear the sensitive evidence buried by Hague in secret sessions.

Alexander Litvinenko widow accuses William Hague of sabotaging inquest

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)

Hacking Politics: name-your-price ebook on the history of the SOPA fight

Hacking Politics is a new book recounting the history of the fight against SOPA, when geeks, hackers and activists turned Washington politics upside-down and changed how Congress thinks about the Internet. It collects essays by many people (including me): Aaron Swartz, Larry Lessig, Zoe Lofgren, Mike Masnick, Kim Dotcom, Nicole Powers, Tiffiny Cheng, Alexis Ohanian, and many others. It's a name-your-price ebook download.

Hacking Politics is a firsthand account of how a ragtag band of activists and technologists overcame a $90 million lobbying machine to defeat the most serious threat to Internet freedom in memory. The book is a revealing look at how Washington works today – and how citizens successfully fought back.

Written by the core Internet figures – video gamers, Tea Partiers, tech titans, lefty activists and ordinary Americans among them – who defeated a pair of special interest bills called SOPA (“Stop Online Piracy Act”) and PIPA (“Protect IP Act”), Hacking Politics provides the first detailed account of the glorious, grand chaos that led to the demise of that legislation and helped foster an Internet-based network of amateur activists.

Hacking Politics

EFF beats the Trans Pacific Partnership to Peru, sounds the alarm about upcoming brutal, secret copyright treaty meeting

Danny O'Brien from the Electronic Frontier Foundation sez,

The latest round of the Trans-Pacific Partnership starts today in Lima, Peru. Embedded in the trade agreement is an IP chapter that, according to leaks, exports the worst of US copyright law -- DRM blocks, extended copyright terms, ISPs as copyright cops -- without even of the judicial and constitutional counterbalances that US activists have fought so hard for.

In such a giant trade agreement, the Internet issues have sometime risked getting ignored by the mainstream press, and missed by the techies who'd be most affected.

But EFF's international rights director, Katitza Rodriguez, is Peruvian. She's spent the the last month working out of Lima's Escuelab hackerspace, talking to hackers, makers, journalists and artists about the dangers of IP chapter. The result has been petitions, memes, and videos, as well as meetings with politicians and articles in the Peruvian press.

We Beat Them to Lima: Opening a New Front Against Secret IP Treaties (Thanks, Danny!)

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!)

Highest-paid state employees: usually a school sports coach, sometimes a med school dean


Good to see America's educational priorities on such sound footing:

You may have heard that the highest-paid state employee in each state is usually the football coach at the largest state school. This is actually a gross mischaracterization: Sometimes it is the basketball coach.

Based on data drawn from media reports and state salary databases, the ranks of the highest-paid active public employees include 27 football coaches, 13 basketball coaches, one hockey coach, and 10 dorks who aren't even in charge of a team.

...Coaches don't generate revenue on their own; you could make the exact same case for the student-athletes who actually play the game and score the points and fracture their legs.

It can be tough to attribute this revenue directly to the performance of the head coach. In 2011-2012, Mack Brown was paid $5 million to lead a mediocre 8-5 Texas team to the Holiday Bowl. The team still generated $103.8 million in revenue, the most in college football. You don't have to pay someone $5 million to make college football profitable in Texas.

Infographic: Is Your State's Highest-Paid Employee A Coach? (Probably) [Reuben Fischer-Baum/Deadspin]

(via JWZ)

American private universities use poor kids' tuition to subsidize rich kids' degrees

In The Atlantic, Jordan Weissmann does a very good job of summing up the New America Foundation's important new report, Undermining Pell: How Colleges Compete for Wealthy Students and Leave the Low-Income Behind [PDF], by Stephen Burd. The report documents how private universities in America have raised the cost of tuition to incredible heights, and reserve their "merit scholarships" (paid for with government grants) for wealthy students whose parents can pay the rest in cash, while poor students have to take out punishing loans, effectively subsidizing the rich students' education and career opportunities.

Sometimes, colleges (and states) really are just competing to outbid each other on star students. But there are also economic incentives at play, particularly for small, endowment-poor institutions. "After all," Burd writes, "it's more profitable for schools to provide four scholarships of $5,000 each to induce affluent students who will be able to pay the balance than it is to provide a single $20,000 grant to one low-income student." The study notes that, according to the Department of Education's most recent study, 19 percent of undergrads at four-year colleges received merit aid despite scoring under 700 on the SAT. Their only merit, in some cases, might well have been mom and dad's bank account.

There's nothing inherently wrong with handing out tuition breaks to the middle class, or even the rich. The problem is that it seems to be happening at the expense of the poor. At 89 percent of the 479 private colleges Burd examined, students from families earning less than $30,000 a year were charged an average "net price" of more than $10,000 annually -- "net price" being the full annual cost of attendance minus all institutional and government aid. Less technically, it's what students can actually expect to pay. At 60 percent of private colleges, that net price was more than $15,000.

In other words, low-income families are routinely being asked to fork over more than half of their annual income for the privilege of sending their child off to campus for a year.

How Colleges Are Selling Out the Poor to Court the Rich

Bakersfield cops and CHP beat man to death while he begs for his life, then confiscate witnesses' footage

Kern County deputies are accused of savagely beating a man to death while he begged for his life and then intimidating witnesses into giving up their cameras and phones in a coverup. The victim, David Sal Silva, was a 33-year-old father of four, and is alleged to have been publicly intoxicated in Bakersfield, CA, when Kern County deputies and California Highway Patrol officers began to beat him. After he was dead, the officers are said to have then systematically intimidated all witnesses into giving up their cameras and phones:

John Tello, a criminal law attorney, is representing two witnesses who took video footage and five other witnesses to the incident. He said his clients are still shaken by what they saw.

"When I arrived to the home of one of the witnesses that had video footage, she was with her family sitting down on the couch, surrounded by three deputies," Tello said.

Tello said the witness was not allowed to go anywhere with her phone and was being quarantined inside her home.

When Tello tried to talk to the witness in private and with the phone, one of the deputies stopped him and told him he couldn't take the phone anywhere because it was evidence to the investigation, the attorney said.

"This was not a crime scene where the evidence was going to be destroyed," Tello said. "These were concerned citizens who were basically doing a civic duty of preserving the evidence, not destroying it as they (sheriff deputies) tried to make it seem."

A search warrant wasn't presented to either of the witnesses until after Tello arrived, he said, adding that one phone was seized before the warrant was produced.

Tello said the phone of the first witness was taken after the deputies told him he was either going to give up the phone the easy way or the hard way.

"They basically told him they were either going to keep him at this house all night until they could find a judge to sign a search warrant or he could just turn over his phone," he said.

Dad who died during arrest 'begged for his life'; witness videos seized (via Reddit)

Porno copyright troll to Georgia judge: "Ignore California judge! They have gay marriage!"

When US Federal Judge Otis Wright ruled against Prenda Law (a gang that used sloppy accusations of illegal downloads of pornographic movies to extort millions from people who didn't want the embarrassment of being publicly sued), he ordered Prenda's lawyers to give copies of his ruling to judges in all the other places where they were suing their victims. Judge Wright's ruling called Prenda a "fraud" and said its lawyers engaged in "moral turpitude."

One of Prenda's most colorful lawyers is Jacques Nazaire. He's asked a judge in Georgia to ignore the Judge Wright's order, because Judge Wright is a California judge, and California has gay marriage.

It doesn't stop there. It notes that California courts have different immigration rules and (randomly) that NY has different gun rights. Basically, it throws out every hot button issue that stereotypical conservatives might disagree with stereotypical liberals on.

Of course, all of that is meaningless. While it's true that Judge Wright's ruling is in no way a precedential ruling for the Georgia court, it's still a ruling about federal law, not any specific state law. And the ruling itself is about flat out misconduct (including potential racketeering and tax evasion claims) by the plaintiff in this case, because of actions in a nearly identical case. That's not about California having a "mandate" over Georgia. It's about very relevant additional information that the court should know about.

Nazaire then goes on to list out a ridiculous parade of horribles that he claims would happen if the Georgia court "followed the aforesaid California Order" including that law firms wouldn't be able to use boilerplate text any more. This makes absolutely no sense at all. First of all, the inclusion of Judge Wright's order is not about having the Georgia court "follow" the order, but adding additional important information about the parties in this particular case. Separately, the idea that adding a California ruling into the docket suddenly means lawyers wouldn't be able to cut and paste any more... just doesn't make any sense at all.

Prenda Lawyer Says Judge Wright's Order Is Inapplicable In Georgia Because California Recognizes Gay Marriage [Mike Masnick/TechDirt]

Welcome to the century of the copyright troll: Prenda Law was just the beginning

As the saga of the porno copyright trolls Prenda Law moves into its end-game (likely to involve disbarments and jail time for the fraudsters behind the multimillion-dollar scheme that relied on bogus legal threats and sloppy accusations of copyright infringement), it's worth asking, how, exactly, this scam was able to go on for so long, and what can be done to prevent it in the future.

A pair of articles -- one by the Electronic Frontier Foundation's Mitch Stoltz, the other by Ars Technica's Nate Anderson -- delve into this in depth.

First, Anderson explains how Prenda hit on a cunning legal strategy that allowed it to try out variations on its scam, looking for the right combination of tactics to extract maximum revenue from its victims, without risking its own finances. This strategy cost the public a fortune in court costs and cost the victims another fortune in their legal costs, but Prenda didn't bear any of that. In effect, the public subsidized its brute-force attack on the American legal system:

How could the scheme go on for so long even as federal judges complained about fraud, as "John Doe" defendants complained repeatedly that they had no idea what the cases were about, and as critics complained about the injustice of the entire business model? The answer is that federal judges aren't generally investigators. Prenda had gone to great lengths to obscure what was really going on, who was doing what, and where the money went. Judges want to clear cases off their dockets and in rare cases will entertain sanctions motions, but to unravel something as complex as Prenda's behavior required a real investigation. Yet without more details, actual criminal investigators had very little to go on; most of the judicial complaints dealt with behavior in court, not public crimes.

So Prenda could essentially turn the entire US judiciary into a laboratory for incrementally refining its porn trolling techniques, testing venues, judges, corporate structures, collection procedures, and legal arguments, looking for perfection. And what it arrived at in the end had a certain devious logic to it. Even Otis Wright, the federal judge in Los Angeles who brought down Prenda's principals and referred them all for criminal and tax prosecution this week, had to concede the conceptual beauty of the system.

But as EFF's Stoltz explains, this isn't a bug in the system, it's a feature. Modern copyright law has been bought, paid for, and designed by the entertainment industry, and they demanded as system with as few safeguards and checks and balances as possible. Every element of copyright law that might enable an innocent person to easily defend herself meant added expense and burden for the entertainment industry's lawsuits against its customers and against technological innovators:

Read the rest

Faced with excommunication threat, Irish PM explains separation of church and state to Cardinal


The Catholic Church threatened to excommunicate Irish Prime Minister Enda Kenny if he held a scheduled vote on Ireland's new abortion law. He responded:

Everybody’s entitled to their opinion here but as explained to the Cardinal and members of the church my book is the constitution and the constitution is determined by the people. That’s the people’s book. We live in a Republic and I have a duty and responsibility as head of Government to legislate in respect of what the people’s wishes are.

Redditor bleacliath created a great graphic for this quote and posted it to /r/atheism.

Politicians ‘have responsibility’ to legislate on abortion issue

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