Why piracy should be legal

June 19th, 2009

I’ve just finished reading a Harvard Business School working paper titled File Sharing and Copyright – and unless the data reviewed is spectacularly wrong, then I’m more convinced than ever that the Pirate Party and co. have a point.

The argument is simple – that creative works are not simply a product to be sold, but rather something which benefits society as a whole. Copyrights exist to encourage the production of this work – not to help a couple of people make their millions; or as the paper puts it:

Copyright exists to encourage innovation and the creation of new works; in other words to promote social welfare.

The question the paper addresses is whether or not file sharing discourages (economically or otherwise) the creation of creative works. Sure artists might earn a little less (and before I’m asked, I don’t care about the record labels) – but they still earn enough from compliments to their product to keep them alive and encourage them to produce more. If the Red Hot Chili Peppers released a new album for free tomorrow they would still make a killing – thousands would buy tickets for their launch tour and buy the associated merchandise.

A couple of facts I pulled from the report:

  • Hollywood earns more from merchandise than from ticket sales
  • Concert sales have increased more than music sales have fallen
  • Estimates in a related study put income from record sales at just under 10% of total income for 35 top artists

Until the world wakes up and realises this record label executives are going to continue making their millions and in the process stifle the spread of culture. Of course it’s no perfect solution (I’d probably keep buying CDs from the artists I like because I like to own a CD) – but maybe those oh-so committed defenders of the status quo should wake up and realise that the current model is broken.

Is Mandela’s legacy in danger?

June 17th, 2009

About a week ago I received an email from a person living in Germany who I met a couple of years ago when she visited South Africa. She was looking for advice on a presentation titled ‘The ANC wins again, South African elections – is the legacy/heritage of Nelson Mandela in danger?’ As some of my Twitter followers where interested in my response I’ve adapted it for here.

The first problem one encounters is the question as to what Mandela’s legacy really means – I put it as his ability to reach out – to (amongst other things) encourage reconciliation, political tolerance and human rights. While the top brass of the ANC will continue to preach this when confronted, most will agree that all too often they are silent.

The Battle for the Western Cape
A while back I blogged about Julius Malema making a fool of himself when he spoke at UCT. One of his statements was that “people in the Western Cape engage with the coloniser”. Fast forward to post the elections and we have an ANC rep writing in the Cape Times the following:

The key message is that uncivilised Africans want to wrest the last European outpost from white liberal dominance. These divisions are so severe that were it to be put to a referendum right now, the majority of citizens would support a Unilateral Declaration of Independence – The Republic of the Western Cape.

The growing, but still obscure, debate around secession aside – this statement is nothing less than insulting. It suggests that the only reason the opposition won the Western Cape is because of racism and that the province does not subscribe to the ideals of a united and non-racial South Africa.

This sentiment along with the MK Vets and Casatu threatening to make the province ‘ungovernable’ show a serious disregard for democracy and more importantly the values I’d like to think Nelson Mandela holds. To my knowledge he wasn’t too phased, at least in this manner, with the ANC not winning all provinces back in ‘94.

Satire
But the main contradiction I’ve found between the days of Mandela and the current ANC leadership lies in the role of the media – and one Zapiro. This is best illustrated with the following two videos; I’ve summarised the important bits if you’re not up to watching them.

In this video, of Zapiro launching one of his books, he talks of being called by Mandela who was complaining about him changing the newspapers he was being published in. Watch the video for the full story – but essentially what Zapiro found so impressive was that Mandela considered the cartoonist’s critism of him being part of his job.

Then we get to the infamous leaked Special Assigmnent documentary on satire.

In this video we see the ANC’s spokesperson accusing satirists of being right wing counter-revolutionary racists (I forget her exact words – but that was the general message).

The two viewpoints – that satire is important and that it is despicable – highlight for me the biggest shift from the days of Mandela. Jacob Zuma can go on for as long as he wants about working together, but his party’s members are making baseless and inflamiatory statements and his party refuses to give the chairmanship of Scopa (which is held by an opposition party) to the official opposition simply as ‘punishment’ for what Helen Zille said – disregarding the voter’s second choice. This is a clear contradiction with the Mandela days.

The rest of my response had to do with democratic values and the rule of law; but essentially my conclusion was that things could go either way in South Africa. I don’t think the country is simply going to collapse – but the kind of attitudes I’ve written about here are certainly worrying.

Nungarin Music

May 2nd, 2009

nungarinAmongst my recent music discoveries, Nungarin Music stands out as one to keep watching. I first heard them play at the Western Cape sailing champs (one of their members is a prominent sailor) – and can’t wait to hear them again.

They’re self described style is “mellow and can be classified as a unique take on folk acoustic rock, filled with deeply spiritual undertones” – but I’ve never been one for describing music in words – so go take a listen to their pre-release tracks on their MySpace page.

A selection of quotes from Julius Malema’s visit to UCT

April 15th, 2009

This afternoon ANC Youth League leader Julius Malema graced the sutdents of UCT with his presence. The lecture theatre was packed – more students came to see him than did for Helen Zille – but the difference was the majority were there for the show.

He gave a typical rally speech – lots of contravesial, short sentences – while the DA capitalised on the oppertunity to distribute pamphlets.

The following quotes I managed to write down as he motored through what he had to say – so sorry for any mistakes – but they do capture the gist of it all.

“We will not be stopped by any security”

“this campus is a campus of the ANC”

“they have been refusing change in South Africa”

“they have been refusing african leadership”

[note without ever saying who 'they' was]

“african leadership is being attacked”

“they will never demoralise the ANC”

“people in the Western Cape engage with the coloniser”

“never be afraid of an enemy”

“we are going to have the best president ever”

“we are going to have a president who is open to debate”

“we will never have a president that will divide the ANC and the country”

“under Zuma we are going to ensure young people obtain first degree free of charge”

“we are going to sponsor as many african children to come here [uct]”

“we must transform the management of this university”

“must bring as many african lecturers as possible”

“the SRC occupy those positions temporarily”

“people in power in Cape Town will continue to to divide people along racist lines” (to which there was booing)

“if you are not going to tolerate the truth, then the door is open” to those who booed

“Helen Zille has employed people to disrupt this meeting”

“we will never allow you to disrupt a meeting of a glorious movement”

“we are a militant and radical voice” – on the youth league

“we respect all of them, but we fear nobody”

“you are the ANC, not Jacob Zuma” – on ANC members

“even if you are not South African, but come from Africa – you must know you are here because of the ANC”

“we are going to reverse any project that is racially based”

“madam” – refering to Helen Zille

“Zuma is unstoppable”

“Zuma is a tsunami” (to which someone behind me commented – “yes – a disaster”

“the ANC liberated you to sit in one meeting with a black person”

“guarantee you that the ANC is taking over”

“a cultural group called the IFP”

“we are going to get over 70% in KwaZulu-Natal”

“this new mickey mouse political party” – on COPE

“we are in charge of every corner of South Africa”

“suffering from establishing itself” – on COPE

“COPE – meaning confusion of the people” – after giving a history lesson on the ‘real’ congress of the people

“the ANC will rule this country until the son of somebody comes back”

photo-0254
Please Note: I consider a number of the below comments inappropriate and so have closed further commenting. Views expressed are in no way endorsed by me.

Am I reading this right?

April 8th, 2009

With the news that South Africa’s communications minister passed away, the Young Communist League has made a pretty strange request:

The Young Communist League called on President Kgalema Motlanthe to honour the deceased minister in “a befitting manner: by dissolving the current SABC Board”.

That just smacks of arrogance, disrespect and utter-rubbish to a level I have never before seen. We all know the everybody hates the SABC board and wants to get rid of them (I actually forget which faction is where on this, but anyway) – but to disguise achieving this political goal as respect for someone who died is just plain unbelievable.

It’s plain laughable.

Some more interesting reads

April 8th, 2009

Following my post two days ago on why the Zuma decision is wrong, Pierre de Vos has written two posts on the matter on his excellent Constitutionally Speaking blog. They are really worth a read from a legal point of view – and give hope that legally challenges currently underway have a chance of succeeding.

My post managed to earned a link from the UK based worldismycountry.org blog. The fact that the post was written shows the international interest in what is happening over here.

Askoggy.com also recently published a interview with me (I was surprised myself :) ) – so if you’re interested, head over and take a look.

Why the Zuma decision is wrong

April 6th, 2009

Watching the NPA news conference this morning, I had the distinct feeling that the Acting National Director of Public Prosecutions knew what he was talking about. His discussion surrounding how pure political interference in a case is not in itself a satisfactory reason not to pursue it was all well explained. But it all came tumbling down when he got to the conclusion.

The Acting NDPP quoted in his statement, from a Supreame Court of Appeal judgements (which incidently invloved the Zuma matter), the following:

“A prosecution is not wrongful merely because it is brought for an improper purpose. It will only be wrongful if, in addition, reasonable and probable grounds for prosecuting are absent, something not alleged by Mr Zuma and which in any event can only be determined once criminal proceedings have been concluded. The motive behind the prosecution is irrelevant because, as Schreiner JA said in connection with arrests, the best motive does not cure an otherwise illegal arrest and the worst motive does not render an otherwise legal arrest illegal. The same apply to prosecutions.”

That text is very clear – just because someone manipulated a process does not mean that the whole trail should be stopped, because justice has not yet taken its course.

Some commentators drew parrells with the how search warrents, if obtained illegally, are inadmissable in court. However there are no similarities here – particularly in the context of what interference is alledged (and note that after all the talk of Zuma being presumed innocent we have to allow room for some explanation for the tapes) to have taken place.

The infamous tapes implicate interferance in the decision as to the date of the announcement of the re-charging of Zuma around the time of the ANC Polokwane conference. The timing of this announcement has no impact on the case against Zuma – the NPA would present the same case in court regardless. Rather it had political ramefications – impact on the elections for the next president of the ANC.

As the acting NDPP put it himself – “It is not so much the prosecution itself that is tainted, but the legal process itself.”

Again the acting NDPP’s own words sets the final context around which the final decision should have been made (own emphasis added):

“There will always be a tension between two extreme positions in that, if a trial is discontinued, the public perception would be that the criminal justice system condones improper conduct and malpractice by law enforcement agencies – and if a trial is discontinued the criminal justice system will incur the reproach that it is failing to protect the public from serious crime.

An assessment of abuse of process involves a balancing exercise. In Latif it was clear that a fair trial was possible. The overriding question, however, was whether the trial ought to be discontinued “on broader considerations of the integrity of the criminal justice system”. According to Lord Steyn, criminal proceedings may be discontinued not only where there will be no fair trial but also where it would be contrary to the public interest in the integrity of the criminal justice system that a trial should take place.”

So now we have to weigh the two senarios up: on the one hand we have an individual, admitidly an important one, accused of moving the date of an announcement for political gain and on the other hand we have the NPA continuing to insist that it has a winable case against Mr Zuma and that nothing has convinced them otherwise.

The prosecution of Zuma, regardless of what the tripartiate alliance tries to tell us, is in the public interest. He is accused of manipulating serious processes for personal gain at the expense of citizens and so these accusations must be persued to the courts until their truth or lack-thereof is established.

It is with this in mind that one has to conclude that, atleast for the reasons given, the decision to drop charges is wrong. The interferance in the case is serious and must be investigated, but has no bearing on the outcome or fairness of the case itself. Jacob Zuma was undoubtably treated unfairly – but his rights to a fair trial were not infringed. There isn’t much else to it.

UCT’s responce to SAX Appeal

March 1st, 2009

You may have seen the contraversial cartoon in the recent UCT student Magazine, Sax Appeal, which has caused much outrage amongst Christians. Here is the letter Dr Price, the Vice-Chancellor, sent out on the issue.

Dear Colleagues and Students

This year’s edition of Sax Appeal, the annual UCT Rag publication produced by students, has elicited widespread reaction and debate. I feel it most important that our community discuss issues like these freely and I therefore share my views with you. I welcome your views.

This year’s edition elicited an outcry from many people – including many Christians – objecting strongly to a feature on pages 84 and 85 offering possible retorts for an atheist to certain imagined questions from Christian fundamentalists contained in 10 picture comic frames. Some also objected to a Zapiro cartoon, and to other statements in the magazine.

Following an intense discussion and interrogation of the content on the two pages in question, the RAG chairperson apologised unreservedly to those offended by aspects on these two pages. As Vice-Chancellor, I publicly expressed a view that the apology was indeed appropriate and I added my own apology, expressing regret at the publication of the two pages.

Both apologies are an acknowledgement that aspects of the two pages were offensive, hurtful and disrespectful, particularly to Christians.

The magazine as a whole is not in question and I regret to say that some people who complain about the general quality admit that they have not read it! There are excellent offerings in it. I believe the magazine is a good one – a typical student offering of satire and humour.

The RAG magazine has been produced by our students since the early 1930s and as you know it is sold to support an excellent cause – the Students’ Health and Welfare Centres Organisation (SHAWCO). The popularity and appeal of Sax Appeal has always been through being provocative, irreverent, funny, satirical and often silly.

I have no doubt that – as is typical in most years – the content will continue to elicit varied responses from different people, from being thoroughly enjoyed to being seen as boring or juvenile.

However, an upsetting number of emails received were insulting in the extreme, even threatening the lives of UCT staff members and insulting individuals in the most grotesque, vitriolic personal attacks. Many have demanded that we discipline the students and institute controls to prevent this happening again. This is regrettable and dangerous, not just for the individuals being threatened, but for society, because such behaviour threatens freedom of speech more generally.

The RAG magazine is produced by a student editorial team that holds editorial independence. Prior to finalisation, the magazine is submitted to an editorial advisory board that this year included one staff member. Its role is to advise on content and other issues relating to the magazine. The emphasis is on advice. It is not – and never should be – the role of the editorial advisory board to edit or censor the content.

For the future, we will strengthen the seniority and weight of academic input into the editorial advisory board.

I think you will agree with me that the independence of students is in itself contributing to the learning experience and we all expect students to take responsibility and to work independently. If, as a result, an error occurs or problems arise, the students have to accept the consequences and we trust they learn from the experience.

In addition to the response from a segment of the community who were offended and wished to see future censorship, there have also been letters in the press questioning whether UCT should have apologised at all, arguing that this hints at self-censorship and concedes to limitations on freedom of speech.

UCT has a proud history of defending freedom of speech. Democracy and political freedom cannot exist if people are not free to express any views and beliefs they have. Furthermore, if this freedom were to be in any way restricted based on the content of the views expressed, it would require some authority to decide which views are unacceptable to society. But how can we trust such an authority not to pursue its own interests, or even with benign intention, to know what is best for all of us, particularly when we are prevented from hearing dissident views. So we tolerate the dangers of ill-informed views, lies, untruths, offensive comments, socially divisive propositions being given public hearing because we cannot trust anyone to hold the monopoly on truth. The evidence suggests that progress is better served through the market place of competing ideas.

A university like ours must defend free speech and enquiry even more vigorously than society in general for it is the basis of our pursuit of truth, and discovery and analysis. The danger of a religious authority prohibiting the expression of views that offend it is nowhere more clearly demonstrated than in the classic conflict between Galileo and the Church-ruled establishment, for whom the proposal that the earth and humanity were not the centre of the universe was heretical and led to his detention.

For all these reasons, this freedom of speech is a constitutionally protected right. Why then would I have discouraged the publication of the picture comic frames, and why have I apologised for them?

Because no freedoms are absolute. The freedom of speech may be limited under certain circumstances. Hate speech is a recognised limitation. So is defamatory speech. In the case of these picture comic frames, they are not hate speech, nor defamatory – but I believe they are gratuitously offensive; they insult people of a particular faith and they insult their God.

If these statements were made in the course of a satirical article, or a political argument, in the pursuit of ‘truth’ or for the benefit of advancing a view on religion in general or a particular belief system – the offence caused could still be justified. But if they are simply the stuff of a joke at another’s expense through ridiculing the other, making a whole group of people out to be stupid, I think it communicates intolerance of diversity, a lack of respect for every individual’s innate dignity which is the foundation of our whole system of equal human rights.

The consequence of these statements is to offer a few laughs for some at the expense of the dignity of others. It also has the consequence of causing social division and conflict. While this in itself is not an argument for censorship, it must weigh against making such statements if no positive purpose can be shown to be served. There is no other utility. So the negative social and individual consequences outweigh the positive. But that is a reason for being more considerate and not publishing them, it is not a reason for censorship, the practice of which would be far more negative in the greater scheme of things.

At UCT we welcome different views. Ideally they are expressed in a respectful manner.

I would like to make clear that we will not discipline the students involved nor will we censor the magazine in the future. We will ensure that the editorial advisory board plays its role appropriately. And we will ensure that the students who produce Sax Appeal understand that with every right – also that of expressing oneself – comes a responsibility.

Anyone wanting to comment is welcome to write to saxappealcomments@uct.ac.za. We value your views and learn from them.

Dr Max Price
Vice-Chancellor

Personally I find this a very good responce. While I think he has some details regarding Gallelio inccorrect, the general idea is excellent. The cartoon was in bad taste and just unfunny – but that’s no reason to censor.

I don’t think the DA get’s it…

February 19th, 2009

With their shiny new website and all, the DAhas been trying to engage more and more with social media. One of those means has been Helen Zille’s Twitter account.

It’s nice and all getting updates from the leader of the opposition. But Twitter is meant to be about conversation – with that nifty little reply feature. So far we’re just getting a one way conversation here – as far as I can tell Ms Zille does not reply to questions, at all.

This came out of me asking who the other faces on the DA’s election posters are (I think the same people are on the website…) and getting no response – but a quick search along with her profile suggests that it’s just what happens.

The joke that is Gaddafi

February 11th, 2009

I just read this article, and am pretty shocked. With attitudes like this the United States of Africa is going to go no where headed by this guy.

  • “The Libyan leader also sympathised with Somali pirates, describing their actions as self-defence.”
  • “He also raised eyebrows by saying that multi-party democracy only led to bloodshed in Africa and that the best model for Africa was his own country, where opposition parties are not allowed.”
Afrigator