Wednesday, December 16, 2009

A report published last week in the Toronto Star by Professor Michael Geist of Canada’s University of Ottawa claims a copyright case under the Class Proceedings Act of 1992 may see the country’s largest players in the music industry facing upwards of C$6 billion in penalties.

The case is being led by the family and estate of the late jazz musician Chet Baker; moving to take legal action against four major labels in the country, and their parent companies. The dispute centres around unpaid royalties and licensing fees for use of Baker’s music, and hundreds of thousands of other works. The suit was initially filed in August last year, but amended and reissued on October 6, two months later. At that point both the Canadian Musical Reproduction Rights Agency (CMRRA) and Society for Reproduction Rights of Authors (SODRAC) were also named defendants.

January this year SODRAC and CMRRA switch sides, joining Baker et al. as plaintiffs against Sony BMG Music, EMI Music Canada, Universal Music Canada and Warner Music Canada. David A. Basskin, President and CEO of CMRRA, with a professional law background, stated in a sworn affidavit that his organisation made numerous attempts over the last 20 years to reduce what is known as the “pending list”, a list of works not correctly licensed for reproduction; a list of copyright infringements in the eyes of the Baker legal team.

The theoretical principle of the list is to allow timely commercial release while rights and apportionment of monies due are resolved. Basskin complains that it is “economically infeasible to implement the systems that would be needed to resolve the issues internally”. And, “[…] for their part, the record labels have generally been unwilling to take the steps that, in the view of CMRRA, would help to resolve the problem.”

The Baker action demands that the four named major labels pay for and submit to an independent audit of their books, “including the contents of the ‘Pending Lists'”. Seeking an assessment of gains made by the record companies in “failure or refusal to compensate the class members for their musical works”, additional demands are for either damages and profits per the law applicable in a class action, or statutory damages per the Copyright Act for copyright infringement.

This forms the basis for Professor Geist’s six billion dollar calculation along with Basskin’s sworn testimony that the pending lists cover over 300,000 items; with each item counted as an infringement, the minimum statutory damages per case are CA$500, the maximum $20,000.

Basskin’s affidavit on behalf of CMRRA goes into detail on the history leading up to the current situation and class action lawsuit; a previous compulsory license scheme, with poor recordkeeping requirements, and which, had a decline in real terms to one of the lowest fees in the world, was eventually abolished and the mechanical license system introduced. The CMRRA went on to become a significant representative of music publishers and copyright holders, and the pending list an instrument to deal with situations where mechanical rights were as-yet not completely negotiated. Basskin’s affidavit claiming the list grew and circumstances worsened as time progressed.

The Mechanical Licensing Agreement (MLA) between the “majors'” industry body, an attached exhibit to the affidavit, is set to expire December 31, 2012; this is between CMRRA and the Canadian Recording Industry Association (CRIA). With the original MLA expiring at end September 1990, CMRRA negotiated more detailed terms and a “code of conduct”. Subsequent agreements were drawn up in 1998, 2004, 2006, and 2008.

Basskin asserts that the named record company defendants are the “major” labels in Canada and states they “are also responsible for creating, maintaining and administering the so-called “Pending Lists” that are the subject of the current litigation”; that, specific to publishing, divisions of the four represent the “‘major’ music publishers active in Canada”. Yet the number of music publishers they represent has decreased over time due to consolidation and defection from the CRIA.

Geist summarizes the record company strategy as “exploit now, pay later if at all”. This despite the CMRRA and SODRAC being required to give lists of all collections they represented to record labels, and for record labels to supply copies of material being released to permit assessment of content that either group may represent interested parties for. Where actual Mechanical License Agreements are in place, Basskin implies their terms are particularly broad and preclude any party exercising their legal right to decline to license.

Specific to the current Mechanical Licensing Agreement (MLA) between the CMRRA and the CRIA; a “label is required to provide an updated cumulative Pending List to CMRRA with each quarterly payment of royalties under the MLA.” The CMRRA is required to review the list and collect where appropriate royalties and interest due. Basskin describes his first encounter with pending lists, having never heard of them before 1989, thus:

Alain Lauzon, General Manager of Canada’s Society for Reproduction Rights of Authors, Composers and Publishers (SODRAC) submitted his followup affidavit January 28, 2009 to be attached to the case and identify the society as a plaintiff. As such, he up-front states “I have knowledge of the matters set out herein.” Lauzon, a qualified Chartered Accountant with an IT specialisation, joined SODRAC in 2002 with “over 20 years of business experience.” He is responsible for “negotiation and administration of industry-wide agreements for the licensing of music reproduction and distribution”; licensing of radio and online music services use is within his remit.

Lauzon makes it clear that Baker’s estate, other rightsholders enjoined to the case, SODRAC, and CMRRA, have reached an agreed settlement; they wish to move forward with a class proceeding against the four main members of the CRIA. He requests that the court recognise this in relation to the initially accepted case from August 2008.

The preamble of the affidavit continues to express strong agreement with that of David Basskin from CMRRA. Lauzon concurs regarding growing use of “pending lists” and that “[…] record labels have generally been unwilling to take the steps that would help to resolve the Pending List problem.”

With his background as an authority, Lauzon states with confidence that SODRAC represents “approximately 10 to 15% of all musical works that are reproduced on sound recordings sold in Canada.” For Quebec the figure is more than 50%.

Lauzon agrees that the four named record company defendants are the “major” labels in Canada, and that smaller independent labels will usually work with them or an independent distribution company; and Basskin’s statement that “[t]he responsibility to obtain mechanical licenses for recordings manufactured and/or released in Canada falls with the Canadian labels by law, by industry custom, and by contractual agreement.”

Wikinews attempted to contact people at the four named defendant CRIA-member record labels. The recipient of an email that Wikinews sent to Warner Brothers Canada forwarded our initial correspondence to Hogarth PR; the other three majors failed to respond in a timely fashion. Don Hogarth responded to Wikinewsie Brian McNeil, and, without addressing any of the submitted questions, recommended a blog entry by Barry Sookman as, what he claimed is, a more accurate representation of the facts of the case.

Sookman is a lobbyist at the Canadian Parliament who works in the employ of the the Canadian Recording Industry Association (CRIA). Hogarth gave no indication or disclosure of this; his direction to the blog is to a posting with numerous factual inaccuracies, misdirecting statements, or possibly even lies; if not lies, Sookman is undoubtedly not careful or “very qualified” in the way he speaks on the issue.

Sookman’s blog post opens with a blast at Professor Geist: “his attacks use exaggeration, misleading information and half truths to achieve his obvious ends”. Sookman attempts to dismiss any newsworthiness in Geist’s article;

As the extracted [see right] stamp, date, and signature, shows, the court accepted amendments to the case and its submission, as Professor Geist asserts, on October 6. The previously mentioned submissions by the heads of CMRRA and SODRAC were indeed actions within the past year; that of SODRAC’s Alain Louzon being January 28 this year.

Sookman continues his attack on Professor Geist, omitting that the reverse appears the case; analysis of his blog’s sitemap reveals he wrote a 44-page attack on Professor Geist in February 2008, accusing him of manipulating the media and using influence on Facebook to oppose copyright reform favourable to the CRIA. In the more current post he states:

This characterisation of the pending list only matches court records in that it “has been around for decades”. CMRRA’s Basskin, a lawyer and industry insider, goes into great detail on the major labels resisting twenty years of collective societies fighting, and failing, to negotiate a situation where the labels take adequate measures to mechanically license works and pay due fees, royalties, and accrued interest.

What Sookman clearly overlooks is that, without factoring in any interest amounts, the dollar value of the pending list is increasing, as shown with the following two tables for mid-2008.

As is clear, there is an increase of C$1,101,987.83 in a three-month period. Should this rate of increase in the value of the pending list continue and Sony’s unvalued pending list be factored in, the CRIA’s four major labels will have an outstanding debt of at least C$73 million by end-2012 when the association’s Mechanical Licensing Agreement runs out.

Saturday, June 18, 2005

The former CEO of Tyco International, Dennis Kozlowski, as well as CFO Mark Swartz are convicted of taking more than $600 million from the company. Charges include grand larceny, securities fraud, conspiracy, and falsifying business records.

The first trial ended in a mistrial after one juror received a threatening letter. Nancy Salomon says of the second trial that the “Defense was counting on the jury not reaching a verdict; they had used their challenges during the jury selection process to kick almost every potential juror who had a college degree, or had any business experience or Wall Street experience off the jury … they were hoping that this case was just going to be too confusing for the jury.” While the jury did take 11 days to arrive at their decision, they found Kozlowski and Swartz guilty on 22 of the 23 counts. To combat the aggressive jury selection strategy undertaken by the defense, the prosecution “basically gave the jury several credit hours worth of an MBA“, teaching them about following paper trails and detecting falsification of business records. It paid off during deliberation as the jury requested over 100 documents to review.

Kozlowski and Swartz directly stole approximately $150 million USD from Tyco and acquired $430 million more by inflating the company’s stock value and then secretly selling company shares. Bail was set at $10 million each. The two former executives face a minimum of eight years in prison, up to a maximum of 25 years. In addition, Kozlowski is accused of evading $1 million in sales taxes on six paintings that he bought in 2001 in a separate New York State case, and Swartz faces tax evasion charges in New Hampshire. If convicted in these cases as well, they would face up to 30 years in prison.

Friday, April 9, 2010

British Airways (BA) and the Spanish airline Iberia have signed a merger deal, which will create one of the largest air carrier groups in the world.

The two announced the merger yesterday, and said that the deal, which has been expected for a long time, is to be implemented by the end of 2010. The move will make a group with a market value of US$8 billion. The deal has been negotiated since July 2008.

Under the plan, both companies keep their own brands and operations, but will be owned by International Airlines Group, a new holding company. It will be listed in London, but taxed in Spain.

The airlines believe the merger will save $530 million annually. In February, BA reported a loss of $102.4 million for the final three quarters of 2009, whilst Iberia posted an operating loss of $629 million.

Meanwhile, investors in BA will receive an IAG share for every BA share they own, and stockholders in Iberia 1.0205 shares for each share in the Spanish airline; thus, BA shareholders will take 55% of IAG.

“The merged company will provide customers with a larger combined network,” commented BA chief executive Willie Walsh. “It will also have greater potential for further growth by optimising the dual hubs of London and Madrid and providing continued investment in new products and services.”

Meanwhile, Iberia chief executive Antonio Vázquez remarked: “This is an important step in creating one of the world’s leading global airlines that will be better equipped to compete with other major airlines and participate in future industry consolidation.”

Independent aviation specialist James Halstead said he believed the merger was necessary for BA to remain competitive amongst other European air carriers. “BA’s unique position at Heathrow could help it survive for a short while, but in the long run it needs more than just Heathrow. The main point of the Iberia deal is to be able to cut costs and put the combined company in the position that Air France-KLM and Lufthansa are already in,” he said, quoted by The Independent.

Monday, March 15, 2010

Wikinews reporter Mike Morales interviews fellow Wikinews contributor Peter Coti, who is on the scene at a north eastern storm in the United States in New Jersey. Coti tells Wikinews what happened in the area of Ridgewood, New Jersey and provided pictures of the damage and area.

Tuesday, September 1, 2015

Nick Bos, of the University of Helsinki, studies “the amazing adaptations social insects have evolved in order to fight the extreme parasite pressure they experience”. In a recently-accepted Evolution paper Bos and colleagues describe ants appearing to self-medicate.

The team used Formica fusca, an ant species that can form thousand-strong colonies. This common black ant eats other insects, and also aphid honeydew. It often nests in tree stumps or under rocks and foraging workers can sometimes be spotted climbing trees.

Some ants were infected with Beauveria bassiana, a fungus. Infected ants chose food laced with toxic hydrogen peroxide, whereas healthy ants avoided it. Hydrogen peroxide reduced infected ant fatalities by 15%, and the ants varied their intake depending upon how high the peroxide concentration was.

In the wild, Formica fusca can encounter similar chemicals in aphids and dead ants. The Independent reported self-medicating ants a first among insects.

Bos obtained his doctorate from the University of Copenhagen. He began postdoctoral research at Helsinki in 2012. He also runs the AntyScience blog. The blog aims to help address “a gap between scientists and ‘the general public’.” The name is a pun referencing ants, its primary topic, science, and “non-scientific” jargon-free communication. He now discusses his work with Wikinews.

((Wikinews)) What first attracted you to researching ants?

Nick Bos Me and a studymate were keeping a lot of animals during our studies, from beetles, to butterflies and mantids, to ants. We had the ants in an observation nest, and I could just look at them for hours, watching them go about. This was in my third year of Biology study I think. After a while I needed to start thinking about an internship for my M.Sc. studies, and decided to write a couple of professors. I ended up going to the Centre for Social Evolution at the University of Copenhagen where I did a project on learning in Ants under supervision of Prof. Patrizia d’Ettorre. I liked it so much there I ended up doing a PhD and I’ve been working on social insects ever since.

((Wikinews)) What methods and equipment were used for this investigation?

NB This is a fun one. I try to work on a very low budget, and like to build most of the experimental setups myself (we actually have equipment in the lab nicknamed the ‘Nickinator’, ‘i-Nick’ and the ‘Nicktendo64’). There’s not that much money in fundamental science at the moment, so I try to cut the costs wherever possible. We collected wild colonies of Formica fusca by searching through old tree-trunks in old logging sites in southern Finland. We then housed the ants in nests I made using Y-tong [aerated concrete]. It’s very soft stone that you can easily carve. We carved out little squares for the ants to live in (covered with old CD covers to prevent them escaping!). We then drilled a tunnel to a pot (the foraging arena), where the ants got the choice between the food with medicine and the food without.

We infected the ants by preparing a solution of the fungus Beauveria bassiana. Afterwards, each ant was dipped in the solution for a couple of seconds, dried on a cloth and put in the nest. After exposing the ants to the fungus, we took pictures of each foraging arena three times per day, and counted how many ants were present on each food-source.

This gave us the data that ants choose more medicine after they have been infected.

The result that healthy ants die sooner when ingesting ROS [Reactive Oxygen Species, the group of chemicals that includes hydrogen peroxide] but infected ants die less was obtained in another way (as you have to ‘force feed’ the ROS, as healthy ants, when given the choice, ignore that food-source.)

For this we basically put colonies on a diet of either food with medicine or without for a while. And afterwards either infected them or not. Then for about two weeks we count every day how many ants died. This gives us the data to do a so-called survival analysis.

We measured the ROS-concentration in the bodies of ants after they ingested the food with the medicine using a spectrophotometer. By adding certain chemicals, the ROS can be measured using the emission of light of a certain wave-length.

The detrimental effect of ROS on spores was easy to measure. We mixed different concentrations of ROS with the spores, plated them out on petridishes with an agar-solution where fungus can grow on. A day after, we counted how many spores were still alive.

((Wikinews)) How reliable do you consider your results to be?

NB The results we got are very reliable. We had a lot of colonies containing a lot of ants, and wherever possible we conducted the experiment blind. This means the experimenter doesn’t know which ants belong to which treatment, so it’s impossible to influence the results with ‘observer bias’. However, of course this is proof in just one species. It is hard to extrapolate to other ants, as different species lead very different lives.

((Wikinews)) Where did the ants and fungus you used come from? How common are they in the wild?

NB For ants, see above about the collection.

This species of fungus does appear in Finland, but we chose to use a different strain from Denmark (with thanks to Prof. J. Eilenberg and the laboratory technician Louise Lee Munch Larsen from the University of Copenhagen). Animals can adapt to local strains (‘local adaptation’), and just to make sure we thought it would be good to use a strain of fungus that the ants definitely did not evolve specific resistances against. This means that the reaction of the ants (to self-medicate) is very likely to be a general response, and not just against their local fungal enemies.

((Wikinews)) Are there any ethical considerations around exposing ants to toxins and parasites?

NB Legally, no. Insects do not have any ‘rights’ as such regarding ethics. That said, we do take measures to not make them ‘suffer unnecessarily’. For example, dissections are done when the ants are anesthetized (either by CO2 or Ice), and when ants need to be killed, we do it in alcohol, which kills the ants in a matter of seconds. So while the ants do not have ‘rights’ as such, we still try to handle them with as much respect as possible (even though the experiment involves infecting them with a deadly fungus).

But even though the 12,000 ants in our study sounds like a lot (and it is), this is negligible in the ‘grand scheme of things’. It has been calculated that in the Netherlands alone, nearly a trillion insects die against just the licence-plates of cars every six months. I don’t own a car, so that means I’m excused right? 😉

((Wikinews)) This is the first evidence for self-medicating insects. How widespread do you think this phenomenon could be in reality?

NB It’s not actually the first evidence for self-medication in insects. Moths and fruit flies definitely do it, and there’s evidence in honey bees and bumble-bees as well. So it seems to be quite wide-spread in the insect world. I have no doubt that as time goes on, there will be more and more cases documented. Insects (and animals in general) seem to be quite good at taking care of themselves.

((Wikinews)) How might ants locate healing substances in the wild?

NB Very good question. This is something that’s important to know. If they would only do it in the lab, the behaviour wouldn’t be very interesting. We have some guesses where they might get it from, but at the moment we don’t know yet. That said, I plan to investigate this question (among others) further [in] the next couple of years.

((Wikinews)) For your PhD you researched ants’ scent-based communications. Could healthy ants perhaps tell other ants are infected and encourage this behaviour?

NB There’s not much known about this. There’s conflicting evidence about whether sick ants actually smell different from healthy ones or not. At the moment it seems that sick ants mostly take care of the problem themselves. Sick ants stop most interaction with nestmates and especially brood, and leave the nest to die in isolation. This is probably for reducing chance of infecting nestmates, but of course it also reduces the work load of their nest-mates, as their corpse doesn’t have to be dragged out etc.

So as an answer to the question, I would find it unlikely that such a behaviour would evolve, but it’s not known yet.

((Wikinews)) Ants generally avoided the peroxide if they were healthy, but in some circumstances might they try to build resistance against infection in advance?

NB Who knows? Also not known yet unfortunately. That said, there is a very interesting study about resin collection in ants. Wood ants collect tree-resin, which has anti-microbial properties. They collect this even if not infected, and when you infect them, they don’t collect more of the resin than normal. So basically it seems like they collect it in order to keep diseases out of the nest, so they stop the disease before it can actually infect them.

((Wikinews)) Are there plans to follow this research up? Might you research other species? Other substances?

NB I first want to find out where they get it from in nature. There might be many sources of medicine (recent evidence suggests that tobacco plays a similar role for bumble bees). Dalial Freitak, who is also on this paper is currently running tests with Ph.D. student Siiri Fuchs (who is also on the paper) with other substances to see if any have the same effect as H2O2 [hydrogen peroxide].

Once the behaviour has been well described in this species of ant, I might do a comparison with other species. For example, once we find the source of the medicine in nature… would species without access to this source also have evolved the same behaviour in the lab? And if so… where would they get it from?

Also… can ants medicate their friends? 🙂

((Wikinews)) What other research are you working on right now?

NB Phew…lots! 🙂

I still have some questions left unanswered from my Ph.D. work related to how ants recognize who is a friend and who isn’t. I also started collaborating with Prof. Michael Poulsen from the University of Copenhagen on immunity in fungus-growing termites, as well as their chemical recognition abilities. Furthermore we’re working on social parasitism in wood-ants (ants have lots of animals exploiting the nest for shelter and resources, which all somehow have to get in to the fortress without getting killed).

Saturday, September 7, 2019

Adam Kokesh, an Iraq War veteran, activist, radio show host, and currently a candidate for the US Libertarian Party’s 2020 presidential nomination, spoke with Wikinews to discuss his background, political positions, and campaign for President of the United States.

Kokesh, who hails from Arizona, has been active in the anti-war movement since returning home from combat in Iraq. After an initial honorary discharge from active duty with the US Marine Corp in 2006, Kokesh was given a general discharge from the Marine Forces Reserve in 2007 after images of him wearing his uniform while participating in a protest with the Iraq Veterans Against the War were published in The Washington Post. Kokesh has also been involved in demonstrations in support of free speech, gun rights, and marijuana decriminalization. Some of these activities have resulted in his arrest. Kokesh previously hosted a show on RT and currently hosts a show on internet radio.

Politically, Kokesh supported the 2008 and 2012 presidential campaigns of Ron Paul. He was a featured speaker at Paul’s Rally for the Republic in 2008. Kokesh ran for US Congress as a Republican in 2010 in New Mexico and for US Senate in Arizona in 2018. He announced his 2020 candidacy in 2013 during a jailhouse interview. He has based his campaign on the pledge to begin “dissolving the federal government in a peaceful, orderly manner” and to resign as president and take the title of “Custodian of the Federal Government.”

Other contenders for the Libertarian Party’s 2020 presidential nomination include former Libertarian Party Vice Chairman Arvin Vohra, businessman John McAfee, and New Hampshire state representative Max Abramson. Congressman Justin Amash and former Rhode Island governor and US Senator Lincoln Chafee are both reportedly considering runs. Former New York gubernatorial candidate Larry Sharpe and former Massachusetts governor William Weld were both previously considered potential candidates but Sharpe suggested he would not run and Weld has decided to run in the 2020 Republican Party presidential primaries, challenging President Donald Trump.

With accredited Wikinews reporter William S. Saturn, Kokesh details his background and activism, his thoughts on the Libertarian Party, the Presidency of Donald Trump, and the goals for his campaign and presidency.

Friday, October 2, 2009

Companies in the United States are shedding more jobs, pushing the country’s unemployment rate to a 26-year high of 9.8%.

The US Labor Department said on Friday that employers cut 263,000 jobs in September, with companies in the service industries — including banks, restaurants and retailers — hit especially hard. This is the 21st consecutive month of job losses in the country.

The United States has now lost 7.2 million jobs since the recession officially began in December 2007. The new data has sparked fears that unemployment could threaten an economic recovery. Top US officials have warned that any recovery would be slow and uneven, and some have predicted the unemployment rate will top 10% before the situation improves.

“Continued household deleveraging and rising unemployment may weigh more on consumption than forecast, and accelerating corporate and commercial property defaults could slow the improvement in financial conditions,” read a report by the International Monetary Fund’s World Economic Outlook, predicting that unemployment will average 10.1% by next year and not go back down to five percent until 2014.

Mark Zandi, chief economist at Moody’s Economy.com, said that “it’s a very fragile and tentative recovery. Policy makers need to do more.”

“The number came in weaker than expected. We saw a lot of artificial involvement by the government to prop up the markets, and now that that is starting to end, the private sector isn’t yet showing signs of life,” said Kevin Caron, a market strategist for Stifel, Nicolaus & Co.

Also on Thursday, the US Commerce Department said factory orders fell for the first time in five months, dropping eight-tenths of a percent in August. Orders for durable goods — items intended to last several years (including everything from appliances to airliners) — fell 2.6%, the largest drop since January of this year.

The US government has been spending billions of dollars — part of a $787 billion stimulus package — to help spark economic growth. There have been some signs the economy is improving.

The Commerce Department said on Thursday that spending on home construction jumped in August for its biggest increase in 16 years. A real estate trade group, the National Association of Realtors, said pending sales of previously owned homes rose more than 12 percent in August, compared to August 2008.

A separate Commerce Department report said that consumer spending, which accounts for more than two-thirds of US economic activity, rose at its fastest pace in nearly eight years, jumping 1.3 percent in August.

Other reports have provided cause for concern. A banking industry trade group said Thursday the number of US consumers making late payments, or failing to make payments, on loans and credit cards is on the rise. A survey by a business group, the Institute for Supply Management, Thursday showed US manufacturing grew in September, but at a slower pace than in August when manufacturing increased for the first time in a year and a half.

Stock markets reacted negatively to the reports. The Dow Jones Industrial Average fell 41 points in early trading, reaching a level of 9467. This follows a drop of 203 points on Thursday, its largest loss in a single day since July. The London FTSE index fell 55 points, or 1.1%, to reach 4993 points by 15.00 local time.