Group items tagged

Copyright law strikes a balance between private rights and public interests. Not everyone likes the balance the law sets. Copyright owners complain that it does not adequately protect them from infringement of their works. Critics contend that copyright law tilts too far in favor of the interests of copyright owners and does not safeguard the rights of consumers. Yet because copyright law is public law-enacted by Congress, enforced where appropriate by the President, and interpreted and applied by the courts-there is plenty of opportunity to monitor the effects of the law and to debate the ways in which it should be reformed. Increasingly, however, copyright law is being privatized. Its meaning and application are determined not by governmental actors but by private parties, and in particular by deep-pocketed copyright owners. Increasingly, the balance between private rights and public interests is set by private lawmaking.

The bet was audacious from the beginning, and given the miserable, low-down tenor of contemporary politics, not unfathomable: Could you divide the country between greedy geezers and everyone else as a way to radically alter the social contract? But in order for the Republican plan to turn Medicare, one of most popular government programs in history, into a much-diminished voucher system, the greed card had to work. The plan's architect, Representative Paul Ryan of Wisconsin, drew a line in the actuarial sand: Anyone born before 1957 would not be affected. They could enjoy the single-payer, socialized medical care program that has allowed millions of people to live extended lives of dignity and decent health care. And their kids and grandkids? Sorry, they would have to take their little voucher and pay some private insurer nearly twice as much as a senior pays for basic government coverage today. In essence, Republicans would break up the population between an I've Got Mine segment and The Left Behinds. Again, not a bad political calculation. Altruism is a squishy notion, hard to sustain in an election. Ryan himself has made a naked play for greed in defending the plan. "Seniors, as soon as they realize this doesn't affect them, they are not so opposed," he has said. Well, the early verdict is in, and it looks as though the better angels have prevailed: seniors are opposed. Republicans: Meet the Fockers. Already, there is considerable anxiety - and some guilt - among older folks about leaving their children worse off financially than they are. To burden them with a much costlier, privatized elderly health insurance program is a lead weight for the golden years.

The March, 2011, Harper's Index expressed the point this way: "Number of American civilians who died worldwide in terrorist attacks last year: 8 - Minimum number who died after being struck by lightning: 29."  That's the threat in the name of which a vast domestic Security State is constructed, wars and other attacks are and continue to be launched, and trillions of dollars are transferred to the private security and defense contracting industry at exactly the time that Americans - even as they face massive wealth inequality - are told that they must sacrifice basic economic security because of budgetary constraints. 

The Ninth Circuit Court of Appeals split down the middle in finding (PDF) that the Justice Department was entitled to halt a civil lawsuit between private parties because of the threat that the suit would expose state secrets. By the margin of a single vote, it reversed the decision of a panel of the same court (PDF) holding that the doctrine could only be applied to individual pieces of evidence, not to entire lawsuits.

WASHINGTON, Jan 12, 2011 (IPS) - In one of U.S. president Dwight D. Eisenhower's most remembered speeches, he warned against "the acquisition of unwarranted influence" resulting from the close brotherhood between the country's defence agencies, Capitol Hill and private business interests.

An Arab country with neither secret police nor censorship is unprecedented in recent decades. Tunisia is inspiring similar demands in Egypt and Jordan. When skeptics wonder if the Revolutions of 2011 would really change anything essential in the region, they would be wise to keep an eye on these two developments in Tunisia, which, if consolidated, would represent an epochal transformation of culture and politics. Arguably, Tunisians are now freer than Americans. The US government thinks our private emails are actually public. The FBI and NSA routinely read our email and they and other branches of the US government issue security letters in the place of warrants allowing them to tap phones and monitor whom we call, and even to call up our library records and conduct searches of our homes without telling us about it. Millions of telephone records were turned over to George W. Bush by our weaselly telecom companies. Courts allow government agents to sneak onto our property and put GPS tracking devices under our automobiles without so much as a warrant or even probable cause. Mr. Obama thinks this way of proceeding is a dandy idea.

The Big Money economy is booming. According to a new Commerce Department report, third-quarter profits of American businesses rose at an annual record-breaking $1.659 trillion - besting even the boom year of 2006 (in nominal dollars). Profits have soared for seven consecutive quarters now, matching or beating their fastest pace in history. Executive pay is linked to profits, so top pay is soaring as well. Higher profits are also translating into the nice gains in the stock market, which is a boon to everyone with lots of financial assets. And Wall Street is back. Bonuses on the Street are expected to rise about 5 percent this year, according to a survey by compensation consultants Johnson Associates Inc. But nothing is trickling down to the Average Worker economy. Job growth is still anemic. At October's rate of only 50,000 new private-sector jobs, unemployment won't get down to pre-recession levels for twenty years. And almost half of October's new jobs were in temporary help.

"If you're not doing anything wrong, you have nothing to worry about." Many Americans have said this, or heard it, when discussing the expanded surveillance capabilities the government has claimed since 9/11. But, it turns out you should be concerned. Just ask peace activists in Pittsburgh, anti-death penalty activists in Maryland, Ron Paul supporters in Missouri, an anarchist in Texas, groups on both sides of the abortion debate in Wisconsin, Muslim-Americans and many others who pose no threat to their communities. Some of them were labeled as terrorists in state and federal databases or placed on terror watch-lists, impeding their travel, misleading investigators and putting these innocent Americans at risk. The Fourth Amendment requirement that you must be suspected of wrongdoing before the government searches your private records risks becoming a quaint notion. Congress weakened the laws designed to protect our privacy, while the executive branch secretly re-interprets or simply ignores the law with no consequence. While your privacy is being sacrificed, there's little evidence the new spying programs are catching terrorists. The question should be, "If you're not doing anything wrong, why is the government snooping on you?"

The basic purpose of the orders was to enable working people to pool their financial resources to supply each other with essentials that the state and the capitalists would not, including life insurance, pensions, cradle-to-grave medical care, and homes and schools for destitute family members. Members paid dues, usually modest, to support these services, which sometimes included their own hospitals, clinics, orphanages, and schools. And unlike private employers, the orders fought hard and usually succeeded in keeping their promises to their members even when times were bad.

The prominent political and legal blogger Glenn Greenwald comments on the growing Occupy Wall Street movement. "What this movement is about is more important than specific legislative demands. It…is expressing dissent to the system itself," says Greenwald. "It is not a Democratic Party organ. It is not about demanding that President Obama's single [jobs] bill pass or anything along those lines. It is saying that we believe the system itself is radically corrupted, and we no longer are willing to tolerate it. And that's infinitely more important than specific legislative or political demands." Greenwald also discusses the possible shutdown of the online whistleblower website WikiLeaks due to a "financial blockade" led by MasterCard, Visa and PayPal. "The reason why all these companies cut off funds is because the government pressured and demanded that they do so," Greenwald says. "So, no due process, no accusation of criminal activity. You could never charge WikiLeaks with a crime. They're engaged in First Amendment activity. And the government has destroyed them through their pressure and influence over the private sector... WikiLeaks has shed more light on the world's most powerful factions than all media outlets combined, easily, over the last year, and that's the reason why they're so hated." [includes rush transcript]

"If the American people ever allow private banks to control the issue of their currency, first by inflation and then by deflation, the banks and corporations that will grow up around them will deprive the people of all property until their children wake up homeless on the continent their fathers conquered." - Thomas Jefferson 1816