good-buy-site.com

Sunday, September 5, 2010

The Office of Gas and Electricity Markets (Ofgem), the regulator of the electricity and gas markets in Great Britain, has launched an investigation into four of the largest British energy suppliers over suspicions that they not be complying with face-to-face and telephone sales regulations. The four organisations facing scrutiny could be fined up to 10% of their annual turnover if it is found that they are breaking sales regulations. Scottish Power, npower, Scottish and Southern Energy and EDF Energy are all to face questioning by the organisation.

Ofgem has urged customers of the four companies to alert the energy regulator, “if they are concerned about the sales approach any domestic suppliers have taken when selling energy contracts, either face-to-face or by telephone,” according to a statement. “As part of the investigation process Ofgem will examine any evidence of non-compliance and consider whether there are grounds for exercising enforcement powers.”

New regulations on sales tactics by energy suppliers were recently introduced, and, Ofgem has said, energy suppliers must be “proactive in preventing misselling to customers both face to face and over the phone. Also, if suppliers are selling contracts face to face they must provide customers with an estimate before any sales are concluded. In most circumstances customers should also receive a comparison of the supplier’s offer with their current deal.” Only one in five consumers consider energy suppliers to be trustworthy, and 61% of people feel intimidated by doorstep sales people from energy companies. According to the organisation Consumer Focus, “complaints have declined since new rules came into effect this year, but suppliers still seem to be flouting the rules. Some customers are still being given misleading quotes and information, which leave them worse off when they switch provider.”

The newspaper The Guardian has reported that “householders are reporting that sales agents working for the energy suppliers are giving them misleading information and quotes which leave them worse off when they switch supplier.” Consumer Focus has said that if energy companies continue to break the rules, they could be banned from doorstep-selling completely. The report goes on to say that “new figures from helpline Consumer Direct show that while the number of complaints has fallen since last year, about 200 cases of mis-selling are being reported each month.” However, Scottish Power said it insists on “the highest standards possible for all of our sales agents”, and npower told the Financial Times that it was “confident that the processes we have in place mean that we comply with our regulatory obligations”. EDF added that it was “fully compliant with all obligations regarding sales of energy contracts”.

According to the regulator, the obligations are serious and must be followed by energy supplies, or they will face “tougher sanctions than those available under more general consumer protection law.” Ofgem has published a guide advising consumers what they should do should an energy salesperson contact them in person of by telephone. Improper sales tactics are still common in the industry—in 2008 an Ofgem investigation found that 48% of gas customers and 42% of electricity customers were worse off after switching supplier on the doorstep. Npower was fined £1.8 million in 2008 by the organisation, and Ofgem insists that they are “committed to taking action” over improper sales activities by energy companies. “Suppliers have existing obligations to detect and prevent misselling and new licence conditions were brought in following our probe to further increase protection for customers,” said Andrew Wright, a Senior Partner of the regulator. “We expect all suppliers to comply with these tougher obligations but if our investigations find otherwise we will take strong action.”

Head of energy at Consumer Focus, Audrey Gallacher, called the investigation “a welcome step … to address years of customers getting a bad deal on energy prices on their doorstep. While many doorstep sales people will do a good job, the pay and rewards system continues to encourage mis-selling, despite years of regulation and voluntary initiatives. If better advice for customers and enforcement of the tougher rules doesn’t end the flagrant abuse of this form of selling the big question will be whether it should be completely banned.” Christine McGourty, director of Energy UK, which represents the leading gas and electricity companies, said that “the companies involved will collaborate with the Ofgem investigation and are awaiting further details from the regulator. Any sales agent in breach of the code will be struck off the approved energy sales register.” Which? chief executive, Peter Vicary-Smith, has said he considers the situation “shocking”, saying that the investigation “will do nothing to improve consumer trust in energy suppliers. We’re pleased that Ofgem has promised tough measures against any firms guilty of mis-selling. We hope it uses this opportunity to tighten rules around telesales so they are in line with those for face to face sales.”

SNP Westminster Energy spokesperson Mike Weir MP, however, said that the investigation “does nothing to tackle the real problem of fuel prices which leave many Scots facing great difficulty in heating their homes … Rather than tinkering around the edges Ofgem should be looking at how to reduce prices for vulnerable households.” Gareth Kloet, Head of Utilities at Confused.com, one of the UK’s biggest and most popular price comparison services, also welcomed the inquiry. “It is unacceptable for energy companies to mislead customers like this,” he said, adding that Confused.com has previously “urged energy providers to either stop the practice of doorstep selling or make it very clear to households that better deals are available online. There is no reason why door-to-door salesmen can’t show people online deals and even help households switch to them.”

“Our research reveals customers could end up paying £167 more than they need to as door-to-door salesmen are unable to offer the discounts that are applied online. The changes that have been made to date are a welcome addition to safeguard customers; however this review has been much needed for a long time. Hopefully it will mark the end of customers being overcharged and missold,” Kloet continued. “Our message to energy consumers remains the same: they should shop around online to make sure they’re getting the best deal possible and turn these salesmen away.”

Tuesday, August 15, 2006

Recent heavy hailstorms occurring at approximately 4 o’clock in the afternoon today left parts of Sydney with the appearance of being snowed in, with thick blankets of hail covering streets and sidewalks with layers of hail.

The hail was observed in the Central Business District of Sydney, where cars were observed — possibly sheltering from the worst of the downfall — under awnings on Paramatta Road, and areas in the Inner West.

The Bureau of Meteorology’s Sydney Harbour weather station recorded a drop in temperature with the storm: at 4pm the temperature was 17 degrees Celsius, while the temperature reached a low at 11 degrees half an hour later.

Tuesday, July 14, 2009

The English National Portrait Gallery (NPG) in London has threatened on Friday to sue a U.S. citizen, Derrick Coetzee. The legal letter followed claims that he had breached the Gallery’s copyright in several thousand photographs of works of art uploaded to the Wikimedia Commons, a free online media repository.

In a letter from their solicitors sent to Coetzee via electronic mail, the NPG asserted that it holds copyright in the photographs under U.K. law, and demanded that Coetzee provide various undertakings and remove all of the images from the site (referred to in the letter as “the Wikipedia website”).

Wikimedia Commons is a repository of free-to-use media, run by a community of volunteers from around the world, and is a sister project to Wikinews and the encyclopedia Wikipedia. Coetzee, who contributes to the Commons using the account “Dcoetzee”, had uploaded images that are free for public use under United States law, where he and the website are based. However copyright is claimed to exist in the country where the gallery is situated.

The complaint by the NPG is that under UK law, its copyright in the photographs of its portraits is being violated. While the gallery has complained to the Wikimedia Foundation for a number of years, this is the first direct threat of legal action made against an actual uploader of images. In addition to the allegation that Coetzee had violated the NPG’s copyright, they also allege that Coetzee had, by uploading thousands of images in bulk, infringed the NPG’s database right, breached a contract with the NPG; and circumvented a copyright protection mechanism on the NPG’s web site.

The copyright protection mechanism referred to is Zoomify, a product of Zoomify, Inc. of Santa Cruz, California. NPG’s solicitors stated in their letter that “Our client used the Zoomify technology to protect our client’s copyright in the high resolution images.”. Zoomify Inc. states in the Zoomify support documentation that its product is intended to make copying of images “more difficult” by breaking the image into smaller pieces and disabling the option within many web browsers to click and save images, but that they “provide Zoomify as a viewing solution and not an image security system”.

In particular, Zoomify’s website comments that while “many customers — famous museums for example” use Zoomify, in their experience a “general consensus” seems to exist that most museums are concerned with making the images in their galleries accessible to the public, rather than preventing the public from accessing them or making copies; they observe that a desire to prevent high resolution images being distributed would also imply prohibiting the sale of any posters or production of high quality printed material that could be scanned and placed online.

Other actions in the past have come directly from the NPG, rather than via solicitors. For example, several edits have been made directly to the English-language Wikipedia from the IP address 217.207.85.50, one of sixteen such IP addresses assigned to computers at the NPG by its ISP, Easynet.

In the period from August 2005 to July 2006 an individual within the NPG using that IP address acted to remove the use of several Wikimedia Commons pictures from articles in Wikipedia, including removing an image of the Chandos portrait, which the NPG has had in its possession since 1856, from Wikipedia’s biographical article on William Shakespeare.

Other actions included adding notices to the pages for images, and to the text of several articles using those images, such as the following edit to Wikipedia’s article on Catherine of Braganza and to its page for the Wikipedia Commons image of Branwell Brontë‘s portrait of his sisters:

“THIS IMAGE IS BEING USED WITHOUT PERMISSION FROM THE COPYRIGHT HOLDER.”

“This image is copyright material and must not be reproduced in any way without permission of the copyright holder. Under current UK copyright law, there is copyright in skilfully executed photographs of ex-copyright works, such as this painting of Catherine de Braganza.

The original painting belongs to the National Portrait Gallery, London. For copies, and permission to reproduce the image, please contact the Gallery at picturelibrary@npg.org.uk or via our website at www.npg.org.uk”

Other, later, edits, made on the day that NPG’s solicitors contacted Coetzee and drawn to the NPG’s attention by Wikinews, are currently the subject of an internal investigation within the NPG.

Coetzee published the contents of the letter on Saturday July 11, the letter itself being dated the previous day. It had been sent electronically to an email address associated with his Wikimedia Commons user account. The NPG’s solicitors had mailed the letter from an account in the name “Amisquitta”. This account was blocked shortly after by a user with access to the user blocking tool, citing a long standing Wikipedia policy that the making of legal threats and creation of a hostile environment is generally inconsistent with editing access and is an inappropriate means of resolving user disputes.

The policy, initially created on Commons’ sister website in June 2004, is also intended to protect all parties involved in a legal dispute, by ensuring that their legal communications go through proper channels, and not through a wiki that is open to editing by other members of the public. It was originally formulated primarily to address legal action for libel. In October 2004 it was noted that there was “no consensus” whether legal threats related to copyright infringement would be covered but by the end of 2006 the policy had reached a consensus that such threats (as opposed to polite complaints) were not compatible with editing access while a legal matter was unresolved. Commons’ own website states that “[accounts] used primarily to create a hostile environment for another user may be blocked”.

In a further response, Gregory Maxwell, a volunteer administrator on Wikimedia Commons, made a formal request to the editorial community that Coetzee’s access to administrator tools on Commons should be revoked due to the prevailing circumstances. Maxwell noted that Coetzee “[did] not have the technically ability to permanently delete images”, but stated that Coetzee’s potential legal situation created a conflict of interest.

Sixteen minutes after Maxwell’s request, Coetzee’s “administrator” privileges were removed by a user in response to the request. Coetzee retains “administrator” privileges on the English-language Wikipedia, since none of the images exist on Wikipedia’s own website and therefore no conflict of interest exists on that site.

Legally, the central issue upon which the case depends is that copyright laws vary between countries. Under United States case law, where both the website and Coetzee are located, a photograph of a non-copyrighted two-dimensional picture (such as a very old portrait) is not capable of being copyrighted, and it may be freely distributed and used by anyone. Under UK law that point has not yet been decided, and the Gallery’s solicitors state that such photographs could potentially be subject to copyright in that country.

One major legal point upon which a case would hinge, should the NPG proceed to court, is a question of originality. The U.K.’s Copyright, Designs and Patents Act 1988 defines in ¶ 1(a) that copyright is a right that subsists in “original literary, dramatic, musical or artistic works” (emphasis added). The legal concept of originality here involves the simple origination of a work from an author, and does not include the notions of novelty or innovation that is often associated with the non-legal meaning of the word.

Whether an exact photographic reproduction of a work is an original work will be a point at issue. The NPG asserts that an exact photographic reproduction of a copyrighted work in another medium constitutes an original work, and this would be the basis for its action against Coetzee. This view has some support in U.K. case law. The decision of Walter v Lane held that exact transcriptions of speeches by journalists, in shorthand on reporter’s notepads, were original works, and thus copyrightable in themselves. The opinion by Hugh Laddie, Justice Laddie, in his book The Modern Law of Copyright, points out that photographs lie on a continuum, and that photographs can be simple copies, derivative works, or original works:

“[…] it is submitted that a person who makes a photograph merely by placing a drawing or painting on the glass of a photocopying machine and pressing the button gets no copyright at all; but he might get a copyright if he employed skill and labour in assembling the thing to be photocopied, as where he made a montage.”

Various aspects of this continuum have already been explored in the courts. Justice Neuberger, in the decision at Antiquesportfolio.com v Rodney Fitch & Co. held that a photograph of a three-dimensional object would be copyrightable if some exercise of judgement of the photographer in matters of angle, lighting, film speed, and focus were involved. That exercise would create an original work. Justice Oliver similarly held, in Interlego v Tyco Industries, that “[i]t takes great skill, judgement and labour to produce a good copy by painting or to produce an enlarged photograph from a positive print, but no-one would reasonably contend that the copy, painting, or enlargement was an ‘original’ artistic work in which the copier is entitled to claim copyright. Skill, labour or judgement merely in the process of copying cannot confer originality.”.

In 2000 the Museums Copyright Group, a copyright lobbying group, commissioned a report and legal opinion on the implications of the Bridgeman case for the UK, which stated:

“Revenue raised from reproduction fees and licensing is vital to museums to support their primary educational and curatorial objectives. Museums also rely on copyright in photographs of works of art to protect their collections from inaccurate reproduction and captioning… as a matter of principle, a photograph of an artistic work can qualify for copyright protection in English law”. The report concluded by advocating that “museums must continue to lobby” to protect their interests, to prevent inferior quality images of their collections being distributed, and “not least to protect a vital source of income”.

Several people and organizations in the U.K. have been awaiting a test case that directly addresses the issue of copyrightability of exact photographic reproductions of works in other media. The commonly cited legal case Bridgeman Art Library v. Corel Corp. found that there is no originality where the aim and the result is a faithful and exact reproduction of the original work. The case was heard twice in New York, once applying UK law and once applying US law. It cited the prior UK case of Interlego v Tyco Industries (1988) in which Lord Oliver stated that “Skill, labour or judgement merely in the process of copying cannot confer originality.”

“What is important about a drawing is what is visually significant and the re-drawing of an existing drawing […] does not make it an original artistic work, however much labour and skill may have gone into the process of reproduction […]”

The Interlego judgement had itself drawn upon another UK case two years earlier, Coca-Cola Go’s Applications, in which the House of Lords drew attention to the “undesirability” of plaintiffs seeking to expand intellectual property law beyond the purpose of its creation in order to create an “undeserving monopoly”. It commented on this, that “To accord an independent artistic copyright to every such reproduction would be to enable the period of artistic copyright in what is, essentially, the same work to be extended indefinitely… ”

The Bridgeman case concluded that whether under UK or US law, such reproductions of copyright-expired material were not capable of being copyrighted.

The unsuccessful plaintiff, Bridgeman Art Library, stated in 2006 in written evidence to the House of Commons Committee on Culture, Media and Sport that it was “looking for a similar test case in the U.K. or Europe to fight which would strengthen our position”.

The National Portrait Gallery is a non-departmental public body based in London England and sponsored by the Department for Culture, Media and Sport. Founded in 1856, it houses a collection of portraits of historically important and famous British people. The gallery contains more than 11,000 portraits and 7,000 light-sensitive works in its Primary Collection, 320,000 in the Reference Collection, over 200,000 pictures and negatives in the Photographs Collection and a library of around 35,000 books and manuscripts. (More on the National Portrait Gallery here)

The gallery’s solicitors are Farrer & Co LLP, of London. Farrer’s clients have notably included the British Royal Family, in a case related to extracts from letters sent by Diana, Princess of Wales which were published in a book by ex-butler Paul Burrell. (In that case, the claim was deemed unlikely to succeed, as the extracts were not likely to be in breach of copyright law.)

Farrer & Co have close ties with industry interest groups related to copyright law. Peter Wienand, Head of Intellectual Property at Farrer & Co., is a member of the Executive body of the Museums Copyright Group, which is chaired by Tom Morgan, Head of Rights and Reproductions at the National Portrait Gallery. The Museums Copyright Group acts as a lobbying organization for “the interests and activities of museums and galleries in the area of [intellectual property rights]”, which reacted strongly against the Bridgeman Art Library v. Corel Corp. case.

Wikimedia Commons is a repository of images, media, and other material free for use by anyone in the world. It is operated by a community of 21,000 active volunteers, with specialist rights such as deletion and blocking restricted to around 270 experienced users in the community (known as “administrators”) who are trusted by the community to use them to enact the wishes and policies of the community. Commons is hosted by the Wikimedia Foundation, a charitable body whose mission is to make available free knowledge and historic and other material which is legally distributable under US law. (More on Commons here)

The legal threat also sparked discussions of moral issues and issues of public policy in several Internet discussion fora, including Slashdot, over the weekend. One major public policy issue relates to how the public domain should be preserved.

Some of the public policy debate over the weekend has echoed earlier opinions presented by Kenneth Hamma, the executive director for Digital Policy at the J. Paul Getty Trust. Writing in D-Lib Magazine in November 2005, Hamma observed:

“Art museums and many other collecting institutions in this country hold a trove of public-domain works of art. These are works whose age precludes continued protection under copyright law. The works are the result of and evidence for human creativity over thousands of years, an activity museums celebrate by their very existence. For reasons that seem too frequently unexamined, many museums erect barriers that contribute to keeping quality images of public domain works out of the hands of the general public, of educators, and of the general milieu of creativity. In restricting access, art museums effectively take a stand against the creativity they otherwise celebrate. This conflict arises as a result of the widely accepted practice of asserting rights in the images that the museums make of the public domain works of art in their collections.”

He also stated:

“This resistance to free and unfettered access may well result from a seemingly well-grounded concern: many museums assume that an important part of their core business is the acquisition and management of rights in art works to maximum return on investment. That might be true in the case of the recording industry, but it should not be true for nonprofit institutions holding public domain art works; it is not even their secondary business. Indeed, restricting access seems all the more inappropriate when measured against a museum’s mission — a responsibility to provide public access. Their charitable, financial, and tax-exempt status demands such. The assertion of rights in public domain works of art — images that at their best closely replicate the values of the original work — differs in almost every way from the rights managed by the recording industry. Because museums and other similar collecting institutions are part of the private nonprofit sector, the obligation to treat assets as held in public trust should replace the for-profit goal. To do otherwise, undermines the very nature of what such institutions were created to do.”

Hamma observed in 2005 that “[w]hile examples of museums chasing down digital image miscreants are rare to non-existent, the expectation that museums might do so has had a stultifying effect on the development of digital image libraries for teaching and research.”

The NPG, which has been taking action with respect to these images since at least 2005, is a public body. It was established by Act of Parliament, the current Act being the Museums and Galleries Act 1992. In that Act, the NPG Board of Trustees is charged with maintaining “a collection of portraits of the most eminent persons in British history, of other works of art relevant to portraiture and of documents relating to those portraits and other works of art”. It also has the tasks of “secur[ing] that the portraits are exhibited to the public” and “generally promot[ing] the public’s enjoyment and understanding of portraiture of British persons and British history through portraiture both by means of the Board’s collection and by such other means as they consider appropriate”.

Several commentators have questioned how the NPG’s statutory goals align with its threat of legal action. Mike Masnick, founder of Techdirt, asked “The people who run the Gallery should be ashamed of themselves. They ought to go back and read their own mission statement[. …] How, exactly, does suing someone for getting those portraits more attention achieve that goal?” (external link Masnick’s). L. Sutherland of Bigmouthmedia asked “As the paintings of the NPG technically belong to the nation, does that mean that they should also belong to anyone that has access to a computer?”

Other public policy debates that have been sparked have included the applicability of U.K. courts, and U.K. law, to the actions of a U.S. citizen, residing in the U.S., uploading files to servers hosted in the U.S.. Two major schools of thought have emerged. Both see the issue as encroachment of one legal system upon another. But they differ as to which system is encroaching. One view is that the free culture movement is attempting to impose the values and laws of the U.S. legal system, including its case law such as Bridgeman Art Library v. Corel Corp., upon the rest of the world. Another view is that a U.K. institution is attempting to control, through legal action, the actions of a U.S. citizen on U.S. soil.

David Gerard, former Press Officer for Wikimedia UK, the U.K. chapter of the Wikimedia Foundation, which has been involved with the “Wikipedia Loves Art” contest to create free content photographs of exhibits at the Victoria and Albert Museum, stated on Slashdot that “The NPG actually acknowledges in their letter that the poster’s actions were entirely legal in America, and that they’re making a threat just because they think they can. The Wikimedia community and the WMF are absolutely on the side of these public domain images remaining in the public domain. The NPG will be getting radioactive publicity from this. Imagine the NPG being known to American tourists as somewhere that sues Americans just because it thinks it can.”

Benjamin Crowell, a physics teacher at Fullerton College in California, stated that he had received a letter from the Copyright Officer at the NPG in 2004, with respect to the picture of the portrait of Isaac Newton used in his physics textbooks, that he publishes in the U.S. under a free content copyright licence, to which he had replied with a pointer to Bridgeman Art Library v. Corel Corp..

The Wikimedia Foundation takes a similar stance. Erik Möller, the Deputy Director of the US-based Wikimedia Foundation wrote in 2008 that “we’ve consistently held that faithful reproductions of two-dimensional public domain works which are nothing more than reproductions should be considered public domain for licensing purposes”.

Contacted over the weekend, the NPG issued a statement to Wikinews:

“The National Portrait Gallery is very strongly committed to giving access to its Collection. In the past five years the Gallery has spent around £1 million digitising its Collection to make it widely available for study and enjoyment. We have so far made available on our website more than 60,000 digital images, which have attracted millions of users, and we believe this extensive programme is of great public benefit.

“The Gallery supports Wikipedia in its aim of making knowledge widely available and we would be happy for the site to use our low-resolution images, sufficient for most forms of public access, subject to safeguards. However, in March 2009 over 3000 high-resolution files were appropriated from the National Portrait Gallery website and published on Wikipedia without permission.

“The Gallery is very concerned that potential loss of licensing income from the high-resolution files threatens its ability to reinvest in its digitisation programme and so make further images available. It is one of the Gallery’s primary purposes to make as much of the Collection available as possible for the public to view.

“Digitisation involves huge costs including research, cataloguing, conservation and highly-skilled photography. Images then need to be made available on the Gallery website as part of a structured and authoritative database. To date, Wikipedia has not responded to our requests to discuss the issue and so the National Portrait Gallery has been obliged to issue a lawyer’s letter. The Gallery remains willing to enter into a dialogue with Wikipedia.

In fact, Matthew Bailey, the Gallery’s (then) Assistant Picture Library Manager, had already once been in a similar dialogue. Ryan Kaldari, an amateur photographer from Nashville, Tennessee, who also volunteers at the Wikimedia Commons, states that he was in correspondence with Bailey in October 2006. In that correspondence, according to Kaldari, he and Bailey failed to conclude any arrangement.

Jay Walsh, the Head of Communications for the Wikimedia Foundation, which hosts the Commons, called the gallery’s actions “unfortunate” in the Foundation’s statement, issued on Tuesday July 14:

“The mission of the Wikimedia Foundation is to empower and engage people around the world to collect and develop educational content under a free license or in the public domain, and to disseminate it effectively and globally. To that end, we have very productive working relationships with a number of galleries, archives, museums and libraries around the world, who join with us to make their educational materials available to the public.

“The Wikimedia Foundation does not control user behavior, nor have we reviewed every action taken by that user. Nonetheless, it is our general understanding that the user in question has behaved in accordance with our mission, with the general goal of making public domain materials available via our Wikimedia Commons project, and in accordance with applicable law.”

The Foundation added in its statement that as far as it was aware, the NPG had not attempted “constructive dialogue”, and that the volunteer community was presently discussing the matter independently.

In part, the lack of past agreement may have been because of a misunderstanding by the National Portrait Gallery of Commons and Wikipedia’s free content mandate; and of the differences between Wikipedia, the Wikimedia Foundation, the Wikimedia Commons, and the individual volunteer workers who participate on the various projects supported by the Foundation.

Like Coetzee, Ryan Kaldari is a volunteer worker who does not represent Wikipedia or the Wikimedia Commons. (Such representation is impossible. Both Wikipedia and the Commons are endeavours supported by the Wikimedia Foundation, and not organizations in themselves.) Nor, again like Coetzee, does he represent the Wikimedia Foundation.

Kaldari states that he explained the free content mandate to Bailey. Bailey had, according to copies of his messages provided by Kaldari, offered content to Wikipedia (naming as an example the photograph of John Opie‘s 1797 portrait of Mary Wollstonecraft, whose copyright term has since expired) but on condition that it not be free content, but would be subject to restrictions on its distribution that would have made it impossible to use by any of the many organizations that make use of Wikipedia articles and the Commons repository, in the way that their site-wide “usable by anyone” licences ensures.

The proposed restrictions would have also made it impossible to host the images on Wikimedia Commons. The image of the National Portrait Gallery in this article, above, is one such free content image; it was provided and uploaded to the Wikimedia Commons under the terms of the GNU Free Documentation Licence, and is thus able to be used and republished not only on Wikipedia but also on Wikinews, on other Wikimedia Foundation projects, as well as by anyone in the world, subject to the terms of the GFDL, a license that guarantees attribution is provided to the creators of the image.

As Commons has grown, many other organizations have come to different arrangements with volunteers who work at the Wikimedia Commons and at Wikipedia. For example, in February 2009, fifteen international museums including the Brooklyn Museum and the Victoria and Albert Museum established a month-long competition where users were invited to visit in small teams and take high quality photographs of their non-copyright paintings and other exhibits, for upload to Wikimedia Commons and similar websites (with restrictions as to equipment, required in order to conserve the exhibits), as part of the “Wikipedia Loves Art” contest.

Approached for comment by Wikinews, Jim Killock, the executive director of the Open Rights Group, said “It’s pretty clear that these images themselves should be in the public domain. There is a clear public interest in making sure paintings and other works are usable by anyone once their term of copyright expires. This is what US courts have recognised, whatever the situation in UK law.”

The Digital Britain report, issued by the U.K.’s Department for Culture, Media, and Sport in June 2009, stated that “Public cultural institutions like Tate, the Royal Opera House, the RSC, the Film Council and many other museums, libraries, archives and galleries around the country now reach a wider public online.” Culture minster Ben Bradshaw was also approached by Wikinews for comment on the public policy issues surrounding the on-line availability of works in the public domain held in galleries, re-raised by the NPG’s threat of legal action, but had not responded by publication time.

Friday, June 19, 2009

A research team from the Institute of Biomedical Research of the National Autonomous University of Mexico has developed a therapy that extends survival for locally advanced cervical cancer patients. The study was started at the National Oncology Institute, before trials were conducted worldwide.

The new treatment, which serves as a guideline worldwide, involves using the drug gemcitabine as a radiosensibilizing agent to potentiate the effects of a regime of cisplatin chemotherapy and radiotherapy, explained Alfonso Dueñas González, who led the study. Despite the addition of another drug making the scheme slightly more toxic, the secondary effects are acute and are present only during the 70 to 80 days the treatment lasts, during which the patient can become weak, as with any chemotherapy.

Under this treatment, the survival of patients rises to 78 percent. This is 9 percent above conventional methods, as concluded the study in its phase III, which lasted four years and involved 515 patients from different countries.

Despite cervical cancer being preventable if detected early by the Pap test, it causes more than 250,000 deaths a year worldwide, becoming the second cause of death by carcinoma among women, and the second most diagnosed illness in this group.

One of the advantages of this therapy is that both gemcitabine and cisplatin are affordable drugs, which makes it available for the world population and may help reduce the death rate by this disease. According to Dueñas González, although cervical cancer should be fought by focusing on early detection rather than on treatment, the therapy is expected to start being used in short by health institutions throughout the world.

Saturday, April 4, 2009

Noam Chomsky is a professor emeritus at Massachusetts Institute of Technology in Linguistics and Philosophy. At the age of 40 he was credited with revolutionizing the field of modern linguistics. He was one of the first opponents of the Vietnam War, and is a self described Libertarian Socialist. At age 80 he continues to write books; his latest book, Hegemony or Survival, was a bestseller in non-fiction. According to the Arts and Humanities Citation Index Professor Chomsky is the eighth most cited scholar of all time.

On March 13, Professor Chomsky sat down with Michael Dranove for an interview in his MIT office in Cambridge, Massachusetts.

((Michael Dranove)) I just wanted to know if you had any thoughts on recent NATO actions and the protests coming up at the 60th NATO conference, I know you’re speaking at the counter-conference.

Could be I give so many talks I can’t remember (laughs).

On the NATO conference, well I mean the obvious question is why should NATO exist? In fact you can ask questions about why it should ever have existed, but now why should it exist. I mean the theory was, whether you believe it or not, that it would be a defensive alliance against potential Soviet aggression, that’s the basic doctrine. Well there’s no defense against Soviet aggression, so whether you believe that doctrine or not that’s gone.

When the Soviet Union collapsed there had been an agreement, a recent agreement, between Gorbachev and the U.S government and the first Bush administration. The agreement was that Gorbachev agreed to a quite remarkable concession: he agreed to let a united Germany join the NATO military alliance. Now it is remarkable in the light of history, the history of the past century, Germany alone had virtually destroyed Russia, twice, and Germany backed by a hostile military alliance, centered in the most phenomenal military power in history, that’s a real threat. Nevertheless he agreed, but there was a quid pro quo, namely that NATO should not expand to the east, so Russia would at least have a kind of security zone. And George Bush and James Baker, secretary of state, agreed that NATO would not expand one inch to the east. Gorbachev also proposed a nuclear free weapons zone in the region, but the U.S wouldn’t consider that.

Okay, so that was the basis on which then shortly after the Soviet Union collapsed. Well, Clinton came into office what did he do? Well one of the first things he did was to back down on the promise of not expanding NATO to the east. Well that’s a significant threat to the Soviet Union, to Russia now that there was no longer any Soviet Union, it was a significant threat to Russia and not surprisingly they responded by beefing up their offensive capacity, not much but some. So they rescinded their pledge not to use nuclear weapons on first strike, NATO had never rescinded it, but they had and started some remilitarization. With Bush, the aggressive militarism of the Bush administration, as predicted, induced Russia to extend further its offensive military capacity; it’s still going on right now. When Bush proposed the missile defense systems in Eastern Europe, Poland and Czechoslovakia, it was a real provocation to the Soviet Union. I mean that was discussed in U.S arms control journals, that they would have to regard as a potential threat to their strategic deterrent, meaning as a first strike weapon. And the claim was that it had to do with Iranian missiles, but forget about that.

Take say on Obama, Obama’s national security advisor James Jones former Marine commandant is on record of favoring expansion of NATO to the south and the east, further expansion of NATO, and also making it an intervention force. And the head of NATO, Hoop Scheffer, he has explained that NATO must take on responsibility for ensuring the security of pipelines and sea lanes, that is NATO must be a guarantor of energy supplies for the West. Well that’s kind of an unending war, so do we want NATO to exist, do we want there to be a Western military alliance that carries out these activities, with no pretense of defense? Well I think that’s a pretty good question; I don’t see why it should, I mean there happens to be no other military alliance remotely comparable — if there happened to be one I’d be opposed to that too. So I think the first question is, what is this all about, why should we even be debating NATO, is there any reason why it should exist?

((Michael Dranove)) We’ve seen mass strikes all around the world, in countries that we wouldn’t expect it. Do think this is a revival of the Left in the West? Or do you think it’s nothing?

It’s really hard to tell. I mean there’s certainly signs of it, and in the United States too, in fact we had a sit down strike in the United States not long ago, which is a very militant labor action. Sit down strikes which began at a significant level in the 1930’s were very threatening to management and ownership, because the sit down strike is one step before workers taking over the factory and running it and kicking out the management, and probably doing a better job. So that’s a frightening idea, and police were called in and so on. Well we just had one in the United States at the Republic Windows and Doors Factory, it’s hard to know, I mean these things are just hard to predict, they may take off, and they may take on a broader scope, they may fizzle away or be diverted.

((Michael Dranove)) Obama has said he’s going to halve the budget. Do you think it’s a little reminiscent of Clinton right before he decided to institute welfare reform, basically destroying half of welfare, do you think Obama is going to take the same course?

There’s nothing much in his budget to suggest otherwise, I mean for example, he didn’t really say much about it, about the welfare system, but he did indicate that they are going to have to reconsider Social Security. Well there’s nothing much about social security that needs reconsideration, it’s in pretty good financial shape, probably as good as it’s been in its history, it’s pretty well guaranteed for decades in advance. As long as any of the famous baby boomers are around social Security will be completely adequate. So its not for them, contrary to what’s being said. If there is a long term problem, which there probably is, there are minor adjustments that could take care of things.

So why bring up Social Security at all? If it’s an issue at all it’s a very minor one. I suspect the reason for bringing it up is, Social Security is regarded as a real threat by power centers, not because of what it does, very efficient low administrative costs, but for two reasons. One reason is that it helps the wrong people. It helps mostly poor people and disabled people and so on, so that’s kind of already wrong, even though it has a regressive tax. But I think a deeper reason is that social security is based on an idea that power centers find extremely disturbing, namely solidarity, concern for others, community, and so on.

The fundamental idea of Social Security is that we care about whether the disabled widow across town has food to eat. And that kind of idea has to be driven out of people’s heads. If people have a commitment to solidarity, mutual aid, support, and so on, that’s dangerous because that could lead to concern for other things. Like, it’s well known, for example, that markets just don’t provide lots of options, which today are crucial options. So for example, markets today permit you to buy one brand of car or another. But a market doesn’t permit you to decide “I don’t want a car, I want a public transportation system”. That’s just not a choice made available on the market. And the same is true on a wide range of other issues of social significance, like whether to help the disabled widow across town. Okay, that’s what communities decide, that’s what democracy is about, that’s what social solidarity is about and mutual aid, and building institutions by people for the benefit of people. And that threatens the system of domination and control right at the heart, so there’s a constant attack on Social Security even though the pretexts aren’t worth paying attention to.

There are other questions on the budget; the budget is called redistributive, I mean, very marginally it is so, but the way it is redistributive to the extent that it is, is by slightly increasing the tax responsibility to the extremely wealthy. Top couple of percent, and the increase is very marginal, doesn’t get anywhere near where it was during the periods of high growth rate and so on. So that’s slightly redistributive, but there are other ways to be redistributive, which are more effective, for example allowing workers to unionize. It’s well known that where workers are allowed to unionize and most of them want to, that does lead to wages, better working conditions, benefits and so on, which is redistributive and also helps turn working people into more of a political force. And instead of being atomized and separated they’re working to together in principle, not that humans function so wonderfully, but at least it’s a move in that direction. And there is a potential legislation on the table that would help unionize, the Employee Free Choice Act. Which Obama has said he’s in favor of, but there’s nothing about it in the budget, in fact there’s nothing in the budget at all as far as I can tell about improving opportunities to unionize, which is an effective redistributive goal.

And there’s a debate right now, it happens to be in this morning’s paper if Obama’s being accused by Democrats, in fact particularly by Democrats, of taking on too much. Well actually he hasn’t taken on very much, the stimulus package; I mean anybody would have tried to work that out with a little variation. And the same with the bailouts which you can like or not, but any President is going to do it. What is claimed is that he’s adding on to it health care reform, which will be very expensive, another hundreds of billions of dollars, and it’s just not the time to do that. I mean, why would health care reform be more expensive? Well it depends which options you pick. If the healthcare reforms maintain the privatized system, yeah, it’s going to be very expensive because it’s a hopelessly inefficient system, it’s very costly, its administrative costs are far greater than Medicare, the government run system. So what that means is that he’s going to maintain a system which we know is inefficient, has poor outcomes, but is a great benefit to insurance companies, financial institutions, the pharmaceutical industry and so on. So it can save money, health care reform can be a method of deficit reduction. Namely by moving to an efficient system that provides health care to everyone, but that’s hardly talked about, its advocates are on the margins and its main advocates aren’t even included in the groups that are discussing it.

And if you look through it case after case there are a lot of questions like that. I mean, take unionization again, this isn’t in the budget but take an example. Obama, a couple of weeks ago, wanted to make a gesture to show his solidarity with the labor movement, which workers, well that’s different (chuckles) with the workers not the labor movement. And he went to go visit an industrial plant in Illinois, the plant was owned by Caterpillar. There was some protest over that, by human rights groups, church groups, and others because of Caterpillar’s really brutal role in destroying what’s left of Palestine. These were real weapons of mass destruction, so there were protests but he went anyway. However, there was a much deeper issue which hasn’t even been raised, which is a comment on our deep ideological indoctrination. I mean Caterpillar was the first industrial organization to resort to scabs, strikebreakers, to break a major strike. This was in the 1980’s, Reagan had already opened the doors with the air controllers, but this is the first in the manufacturing industry to do it. That hadn’t been done in generations. In fact, it was illegal in every industrial country except apartheid South Africa. But that was Caterpillar’s achievement helping to destroy a union by calling in scabs, and if you call in scabs forget about strikes, in other words, or any other labor action. Well that’s the plant Obama went to visit. It’s possible he didn’t know, because the level of indoctrination in our society is so profound that most people wouldn’t even know that. Still I think that it’s instructive, if you’re interested in doing something redistributive, you don’t go to a plant that made labor history by breaking the principle that you can’t break strikes with scabs.

((Michael Dranove)) I live out in Georgia, and a lot of people there are ultra-right wing Ron Paul Libertarians. They’re extremely cynical. Is there any way for people on the left to reach out to them?

I think what you have to do is ask, what makes them Ron Paul Libertarians? I don’t happen to think that makes a lot of sense, but nevertheless underlying it are feelings that do make sense. I mean the feeling for example that the government is our enemy. It’s a very widespread feeling, in fact, that’s been induced by propaganda as well.

So pretty soon it will be April 15th, and the people in your neighborhood are going to have to send in their income taxes. The way they’re going to look at it, and the way they’ve been trained to look at it is that there is some alien force, like maybe from Mars, that is stealing our hard earned money from us and giving it to the government. Okay, well, that would be true in a totalitarian state, but if you had a democratic society you’d look at it the other way around You’d say “great, it’s April 15th, we’re all going to contribute to implement the plans that we jointly decided on for the benefit of all of us.” But that idea is even more frightening than Social Security. It means that we would have a functioning democracy, and no center of concentrated power is ever going to want that, for perfectly obvious reasons. So yes there are efforts, and pretty successful efforts to get people to fear the government as their enemy, not to regard it as the collective population acting in terms of common goals that we’ve decided on which would be what have to happen in a democracy. And is to an extent what does happen in functioning democracies, like Bolivia, the poorest country in South America. It’s kind of what’s happening there more or less. But that’s very remote from what’s happening here.

Well I think Ron Paul supporters can be appealed to on these grounds, they’re also against military intervention, and we can ask “okay, why?” Is it just for their own security, do they want to be richer or something? I doubt it, I think people are concerned because they think we destroyed Iraq and so on. So I think that there are lots of common grounds that can be explored, even if the outcomes, at the moment, look very different. They look different because they’re framed within fixed doctrines. But those doctrines are not graven in stone. They can be undermined.

• Additional comments

• On the elite’s view of the poor

• On Fromm‘s alienation of man

Wednesday, December 5, 2007

Once you get a chance to talk to West Palm Beach, Florida native Whitney Cunningham, who placed seventh on the eighth cycle of the popular reality TV series America’s Next Top Model, you begin to understand what host Tyra Banks meant when she described her as the “full package.”

First of all, she is confident and headstrong, which is a must on these kinds of shows, almost as much as it is to take a beautiful modelesque picture. Second, she turns that confidence into drive. She has been receiving steady work as a model since leaving the show, and still believes that her goal of being the first woman to wear a size ten dress on the cover of Vogue is in reach. Third, and probably most important to television viewers, she obliterates the age-old model stereotype that to be pretty and photograph well, one must also be vapid and without a thought. A graduate of Dartmouth College, Cunningham also dreams of becoming a writer, and is working toward dual goals: a model who can express herself like no other model before her.

Cunningham recently sat down with Wikinews reporter Mike Halterman in an impassioned interview, taking hours to field questions from the reporter as well as from fans of America’s Next Top Model. Always in high spirits, Cunningham shows that she is a distinct personality who has carved her own niche in the Top Model history books. At the same time, she exhibits a joie de vivre that is oddly reminiscent of earlier Top Model fan favorite Toccara Jones, who showed America just how to be “big, black, beautiful and loving it.” However, Cunningham is quick to remind everyone that she isn’t big at all; she is simply a regular woman.

This is the first in a series of interviews with America’s Next Top Model contestants. Interviews will be published sporadically.

Tuesday, July 11, 2006

Today, it was announced that Syd Barrett, the founding member of British rock band Pink Floyd died from a complication with diabetes. According to a Pink Floyd spokeswoman, he died days earlier (July 7) but the announcement was withheld. “He died peacefully at home. There will be a private family funeral in the next few days,” said his brother Alan Barrett. “The band are naturally very upset and sad to learn of Syd Barrett’s death. Syd was the guiding light of the early band line-up and leaves a legacy which continues to inspire,” noted a statement issued by Pink Floyd.

During 1967-1968, Syd Barrett was considered to be the main member and songwriter of Pink Floyd. However, due to mental illness, he was forced to leave the band after recording only one album, The Piper at the Gates of Dawn. Barrett had since been a recluse. Pink Floyd recorded Wish You Were Here as a tribute following Barrett’s leave. The album features Shine On You Crazy Diamond, with lyrics explicitly about Barrett’s rise to fame and subsequent dissolution.

Sunday, October 21, 2007

Torture proliferates American headlines today: whether its use is defensible in certain contexts and the morality of the practice. Wikinews reporter David Shankbone was curious about torture in American popular culture. This is the first of a two part series examining the BDSM business. This interview focuses on the owners of a dungeon, what they charge, what the clients are like and how they handle their needs.

When Shankbone rings the bell of “HC & Co.” he has no idea what to expect. A BDSM (Bondage Discipline Sadism Masochism) dungeon is a legal enterprise in New York City, and there are more than a few businesses that cater to a clientèle that wants an enema, a spanking, to be dressed like a baby or to wear women’s clothing. Shankbone went to find out what these businesses are like, who runs them, who works at them, and who frequents them. He spent three hours one night in what is considered one of the more upscale establishments in Manhattan, Rebecca’s Hidden Chamber, where according to The Village Voice, “you can take your girlfriend or wife, and have them treated with respect—unless they hope to be treated with something other than respect!”

When Shankbone arrived on the sixth floor of a midtown office building, the elevator opened up to a hallway where a smiling Rebecca greeted him. She is a beautiful forty-ish Long Island mother of three who is dressed in smart black pants and a black turtleneck that reaches up to her blond-streaked hair pulled back in a bushy ponytail. “Are you David Shankbone? We’re so excited to meet you!” she says, and leads him down the hall to a living room area with a sofa, a television playing an action-thriller, an open supply cabinet stocked with enema kits, and her husband Bill sitting at the computer trying to find where the re-release of Blade Runner is playing at the local theater. “I don’t like that movie,” says Rebecca.

Perhaps the most poignant moment came at the end of the night when Shankbone was waiting to be escorted out (to avoid running into a client). Rebecca came into the room and sat on the sofa. “You know, a lot of people out there would like to see me burn for what I do,” she says. Rebecca is a woman who has faced challenges in her life, and dealt with them the best she could given her circumstances. She sees herself as providing a service to people who have needs, no matter how debauched the outside world deems them. They sat talking mutual challenges they have faced and politics (she’s supporting Hillary); Rebecca reflected upon the irony that many of the people who supported the torture at Abu Ghraib would want her closed down. It was in this conversation that Shankbone saw that humanity can be found anywhere, including in places that appear on the surface to cater to the inhumanity some people in our society feel towards themselves, or others.

“The best way to describe it,” says Bill, “is if you had a kink, and you had a wife and you had two kids, and every time you had sex with your wife it just didn’t hit the nail on the head. What would you do about it? How would you handle it? You might go through life feeling unfulfilled. Or you might say, ‘No, my kink is I really need to dress in women’s clothing.’ We’re that outlet. We’re not the evil devil out here, plucking people off the street, keeping them chained up for days on end.”

Below is David Shankbone’s interview with Bill & Rebecca, owners of Rebecca’s Hidden Chamber, a BDSM dungeon.