Author: Admin

Wednesday, February 2, 2005

Eben Moglen, Columbia University Law Professor, will head the newSoftware Freedom Law Center (SFLC). An initial 4 million dollars has been provided by Open Source Development Labs (OSDL) to fund the project.

The law center will provide free legal service for open source projects and developers. In 2004 OSDL established a separate $10 million Linux Legal Defense Fund providing legal support for Linus Torvalds, Linux kernel creator and end user companies subjected to Linux-related litigation by the SCO Group. The new law center will not be affiliated with the OSDL.

“This is about taking care of the goose that laid the golden egg and not letting wolves come in the middle of the night and steal it away,” Moglen said during a press conference. “This is a legal firm not involved so much in litigating and defending as it will be for counseling and advising and nurturing non-profits and to prevent millions of dollars in litigation.”

Moglen will serve as chairman and director-counsel of the non-profit organization. Also on board as directors are: Lawrence Lessig, law professor at Stanford Law School; Daniel Weitzner, director of the World Wide Web Consortium‘s technology and society activities; and Diane Peters, general counsel at the OSDL. Daniel Ravicher, executive director of the Public Patent Foundation, will help manage as legal director.

Moglen, one of the world.s leading experts on copyright law as applied to software, will run the new Law Center from its headquarters in New York City. The Law Center will initially have two full-time intellectual property attorneys on staff and expects to expand to four attorneys later this year. Initial clients for the Law Center include the Free Software Foundation and the Samba Project.

Other services provided by the SFLC include: asset stewardship, to avoid intellectual property claim conflict; license review and compatibility analysis; legal consulting and lawyer training.

Friday, January 13, 2006

Prominent Thai civil rights lawyer, Somchai Neelapaichit, is now presumed dead, according to an admission by the country’s Prime Minister, Thaksin Shinawatra.

Somchai rose to prominence as a lawyer defending Muslim people accused of involvement in the troubles in the predominantly Muslim provinces of southern Thailand. According to the information provided by the PM, evidence has been provided to the Department of Special Investigations that leads them to believe the lawyer is now dead. This is not considered news by the journalist’s family, according to his wife the country’s Prime Minister admitted to her last year that her husband was dead, and gave assurances that action would be taken against those responsible.

Thailand’s DSI became involved with the disappearance of Somchai in July 2005 when allegations were made that police were involved with the lawyer vanishing. His involvement in cases related to the southern insurgency was suspected to have been behind his disappearance. Somchai had lodged appeals with the Bangkok Criminal Court on behalf of five suspects accused of being involved in a raid on a Narathiwat armoury where weapons were seized and soldiers killed, alleging that they had not been given fair treatment during their prosecution.

The admission follows on from the conviction of Police Major, Nguen Thongsuk, who was prosecuted for illegally detaining the lawyer in 2004. Following that he was last seen in public in March 2004. In the case against the police four other officers were acquitted.

Saturday, May 5, 2007

A lawsuit filed by a former employee of Kentucky Baptist Homes for Children (now Sunrise Children’s Services) and four other tax-payers, has shed light on the possibility of religious coercion by the organization. The lawsuit challenges the faith-based agency’s eligibility for state funds.

Specifically, interviews of children conducted by the state of Kentucky have revealed complaints from some of the children. Mainly, children who said they were Catholic, Pentecostal, Jehovah’s Witnesses or atheist voiced complaints in the interviews.

“They tried to more [or] less force me to become a Christian,” said one child in an exit interview. “I just felt I was being pressured into giving up my religion.”

Another child reported s/he was “not allowed to choose when or when not to attend a religious service,” per the interview, and was told “‘to do’ some type of Bible study during that time or get consequences.”

Both the Commonwealth of Kentucky and Sunrise say there is a strict policy against proselytizing in the program and that it does not prevent children from practising their individual faiths.

They also stress that these complaints number merely a “handful” among the approximately 1,500 children that are served by the faith-based agency.

“If a child says, ‘I don’t want to go to the Baptist church,’ then the child does not go,” Jonathan Goldberg, the state’s attorney, said. Some children might have mistankenly believed they were forced to go, he added.

The plaintiffs are seeking to have the interviews unsealed, at least in the cases where the child is now 18 years of age or older. The state and Sunrise argue they need to be kept confidential.

The lawsuit originated with Alicia Pedreira, who was fired in 2000. She alleges her firing was direct result of Sunrise (then Kentucky Baptist Homes for Children) finding out she is a lesbian.

Sunrise Children’s Services provides residential programs and foster care homes for children that have suffered abuse or neglect. Since 2001, Kentucky has paid Sunrise US$61 million to provide the services for children who would otherwise be in direct state custody.

In 2001, the state did find cause for action against one of Sunrise’s homes to fix “a coercive religious environment” where staff members confirmed that church attendance was required.

With accusations of undue pressure by a Christian agency funded by the state, the Sunrise case bears some similitude to the lawsuit against Iowa for paying Chuck Colson’s evangelical agency to run part of its prison.

Last June, U.S. District Judge Robert W. Pratt strongly reprimanded and ruled against Iowa’s use of a Christian social service agency to administer its prison. Judge Pratt stated: “For all practical purposes, the state has literally established an Evangelical Christian congregation within the walls of one of its penal institutions… There are no adequate safeguards present, nor could there be, to ensure that state funds are not being directly spent to indoctrinate Iowa inmates.”

The Iowa ruling is pending appeal.

Critics point to both of these cases as failures of George W. Bush’s faith-based services initiative. The program is often seen as conflicting with the tradition of separation of church and state in the United States.

Friday, December 12, 2008

File:Parque de la Memoria – Buenos Aires – Dennis Oppenheim – Monumento al escape.jpg

During a seven-month search, the Argentine Forensic Anthropology Team (EAAF) on Tuesday, confirmed more than 10,000 charred human bone fragments were unearthed between February and September, in a pit at Pozo de Arana, a former La Plata, Argentina secret government detention center. The Arana prison or police station was used to torture prisoners during the so-called Argentina “Dirty War,” and was one of 300 used to interrogate Argentine prisoners.

The war refers to the state-sponsored violence against Argentine citizenry from roughly 1976 to 1983 carried out primarily by Jorge Rafael Videla’s military government. The exact chronology of the repression is still debated, as trade unionists were targeted for assassination as early as 1973. Isabel Martínez de Perón’s “annihilation decrees” of 1975, during Operativo Independencia, have also been suggested as the origin of The Dirty War.

The official record reveals that up to 13,000 people disappeared, while 30,000 were killed during this time. Argentine security forces and death squads worked hand in hand with other South American dictatorships in the frame of Operation Condor. An Argentine court would later condemn the government’s crimes as crimes against humanity and “genocide”.

EAAF president and forensic scientist Luis Fondebrider said that “in 25 years of searching, this was the first time that human remains were found at a former detention cente; the magnitude of what the team has found where the Clandestine Center of Arana was located, merits that sometimes they show partial results.” He further noted that “the bodies had been burned inside graves along with tires, combustibles and other material; and the possibilities of identifying some of these remains is low because of the state they are in.” Fondebrider concluded that “this scientifically confirms the testimonies of the detained, the hundreds of survivors who have said for years that authorities tortured, killed and burned the bodies of political opponents.”

The anthropological discovery further reveals that a wall with more than 200 bullet marks or holes and an “important quantity” of used ammunition shells on the ground nearby, were found adjacent the mass pit grave. As evidence of executions, they were marked with red paint by forensic scientists. The team, however, failed to determine how many bodies the fragments represented.

Maria Vedio, 47, legal chairwoman for the Permanent Assembly for Human Rights La Plata said that ” this is the first time there is proof that Arana wasn’t only a detention and torture center, but also a center of elimination.”

Sara Derotier de Cobacho, secretary of human rights for Buenos Aires said, “I ask the forgiveness of family members, because I can imagine what the mothers and all who are gathered here will feel, but what we are about to show is not to detail the genocide but so that we have proof for the trials that are to come; but let us not forget, that behind every clandestine center there were the names of the repressors. … so it is very important for all citizens to know those names; we are looking for the truth so we can attain justice and construct, from there, the memory of our 30,000 ‘desaparecidos’.”

Some of those responsible for the mass killings have been charged and meted life or death sentences. They include Miguel Osvaldo Etchecolatz, a senior Argentine police officer, who worked in the Buenos Aires Provincial Police during the first years of the military dictatorship known as the National Reorganization Process. He was convicted and sentenced to life imprisonment in 2006, on charges of homicide, kidnapping, and torture. The tribunal, besides handing the sentence, stated that Etchecolatz’s committed “crimes against humanity in the context of the genocide that took place in Argentina”. But the principal complainant, who was detained at Arana, has since disappeared.

Wednesday, April 21, 2021

On November 16, code-sharing and hosting service GitHub re-enabled the public access to youtube-dl repository, a software which can download videos from the internet via the command-line. This move comes after Mitchell Stoltz, a Senior Staff Attorney of the Electronic Frontier Foundation (EFF), sent a letter to GitHub on the behalf of youtube-dl’s maintainers. The repository was previously blocked on October 23, after GitHub received a Digital Millennium Copyright Act (DMCA) take-down notice from the Recording Industry Association of America (RIAA).

Started in July 2008, youtube-dl is a free/libré open source software written in Python which can download videos from various websites. Citing alleged violation of 17 U.S. Code § 1201 Circumvention of copyright protection systems, RIAA’s takedown notice had alleged youtube-dl was intended to circumvent the technological protection measures of streaming services and to redistribute music videos without authorisation. youtube-dl’s source code had a number of unit tests to check if the software works in different circumstances or not. Some of the test cases included URLs of some copyrighted songs.

In the letter to GitHub, EFF’s attorney Stoltz said “This file contains series of automated tests that verify the functionality of youtube-dl for streaming various types of video. The youtube-dl source code does not, of course, contain copies of these songs or any others […] the unit tests do not cause a permanent download or distribution of the songs they reference; they merely stream a few seconds of each song to verify the operation of youtube-dl. Streaming a small portion of a song in a non-permanent fashion to test the operation of an independently created software program is a fair use.” The letter stressed “youtube-dl does not decrypt video streams that are encrypted with commercial DRM technologies”.

The URLs to copyrighted songs were removed from the source code on November 16, and replaced with a test video that uploaded on YouTube by Philipp Hagemeister, former maintainer of youtube-dl. Philipp Hagemeister had previously spoken about the takedown with Wikinews.

youtube-dl comes with a small JavaScript interpreter where it acts as a web-browser would behave while receiving video data from the server. The script has “extractors” for various websites to handle videos from different sources. “Any software capable of running JavaScript code can derive the URL of the video stream and access the stream, regardless of whether the software has been approved by YouTube”, the letter read. It borrowed an analogy of Doors of Durin from J. R. R. Tolkien’s Lord of the Rings for explanation: travelers come upon a door that has writing in a foreign language. When translated, the writing says “say ‘friend’ and enter.” The travelers say “friend” and the door opens. As with the writing on that door, YouTube presents instructions on accessing video streams to everyone who comes asking for it.

Hours after the public access was restored, Sergey M, one of the maintainers of youtube-dl wrote on GitHub, “We would like to thank @github for standing up for youtube-dl and making it possible to continue development without dropping any features. We appreciate [GitHub] for taking potential legal risks in this regard. We would also like to thank [EFF] and personally [Mitch Stoltz] for invaluable legal help. We would also like to heartily thank our main website hoster Uberspace who is currently being sued in Germany for hosting our essentially business card website and who have already spent thousands of Euros in their legal defense.”

Hours after GitHub restored the public access to the repository, Stoltz tweeted “I think of youtube-dl as a successor to the videocassette recorder. The VCR empowered people to take control of their personal use of free-to-air video, but it had to be saved from the copyright cartel. The same goes for youtube-dl. GitHub did the right thing here.”

youtube-dl is used by thousands of people around the world. Multiple Creative Commons-licensed and public domain videos on Wikimedia Commons are uploaded via a tool called video2commons, which relies on youtube-dl to download media. youtube-dl also lets users download videos from LiveLeak — a video-sharing platform for citizen journalism. Videos downloaded using youtube-dl are also used for the purpose of fair use, or for evidence.

When a copyright holder chooses to release their work, be it a photograph, a video, or audio, under a Creative Commons Attribution (CC BY) license, they allow everyone to freely own, share or modify the work as long as the reusers properly attribute the author of the work. YouTube also hosts many audio and video recordings in the public domain which can be used for any purpose without any restrictions.

In the blog post announcing “youtube-dl is back”, GitHub said, “Although we did initially take the project down, we understand that just because code can be used to access copyrighted works doesn’t mean it can’t also be used to access works in non-infringing ways. We also understood that this project’s code has many legitimate purposes, including changing playback speeds for accessibility, preserving evidence in the fight for human rights, aiding journalists in fact-checking, and downloading Creative Commons-licensed or public domain videos.”

GitHub also announced any new 1201 takedown notices will be “carefully scrutinised by legal experts” to reject “unwarranted claims”, and said it will side with software developers if the claims are ambiguous. The announcement also mentioned GitHub Trust and Safety team would treat developer’s tickets as a “top priority”. GitHub also pledged donation of USD 1 million for developer defense fund “to help protect open source developers on GitHub from unwarranted DMCA Section 1201 takedown claims”.

GitHub had blocked public access to many forks of youtube-dl upon receiving the DMCA notice in October. At that time, Wikinews noted public access was not yet restored for the forked repositories listed in RIAA’s copyright notice and was still displays “Repository unavailable due to DMCA takedown”.

During the period when GitHub had disabled public access for the repository, Sergey M had been developing youtube-dl and hosting it on GitLab, another code-sharing and hosting site. However, since GitHub has restored public access of youtube-dl, Sergey M has made the GitLab repository private.

After this, Wikinews reached out to Richard Stallman, the founder of Free Software Foundation, who has been highly critical of DRM (digital rights management, the subject of the DMCA) for many years now, to discuss the harms of DRM and DMCA 1201.

Saturday, April 2, 2005

Despite controversy ignited by the White House nomination of Paul Wolfowitz to head the World Bank (WB), the 24-member board of directors voted unanimously on Thursday to accept his confirmation. A whirlwind tour by Wolfowitz, who traveled to many capital cities of the bank’s major shareholders and met with voting board members, quieted misgivings over his succession to the incumbent president John Wolfensohn.

Widespread criticism of the Wolfowitz role in the US build-up to war in Iraq heightened levels of security concerns within the bank as they anticipate his arrival. The WB, from the executive level down to memos circulated among departments, express concern for it becoming the target of terrorist attack. The level of seriousness being taken by WB led it to set up cost estimates for improving security.

Wolfowitz will assume leadership in June this year. Despite a belief by some that he acts unilaterally and lacks development experience, a European Commission spokeswoman, speaking for Commissioner Olli Rehn, told a news conference that[Rehn] “was satisfied with everything he heard from Mr Wolfowitz concerning free trade and also on poverty reduction and development policy.”

The Associated Press quotes the Belgian Development Aid minister saying, “There are no objections of EU countries.”

The public display of support belies dissention underneath. Reuters reportedly received a confidential email that provided details of a comment line on an internal website for the WB staff who use it from their far flung locations. The feelings about the Wolfowitz nomination received 1,300 responses, mostly about the bank’s reputation and effectiveness under the new leadership.

Wednesday, August 29, 2007

An English lawyer has pleaded guilty to perverting the course of justice. He faked a legal judgment and sent it to a father who was pleading in Taunton family court to be able to remain involved in his child’s upbringing. The lawyer, London barrister Bruce Hyman, now awaits his sentence. The judge indicated that he could receive a prison sentence. Bruce Hyman is well-known in media circles, having produced The Hitchhiker’s Guide to the Galaxy on BBC Radio. He also produced a series with Clive Anderson, at Above the Title Productions, called Unreliable Evidence.

The father, a former City financier, had attended a series of court hearings in order to make suitable arrangements to see his child following an acrimonious divorce. Shortly before one of these hearings he received an email, ostensibly from a self-help group to which he belonged, which had attached a Court of Appeal case that appeared favourable to an application he had made for the judge to stand down from the case. The father, who was representing himself, duly showed the case to the judge. At this point, Bruce Hyman, the lawyer representing the former wife, claimed to the judge that the case was a forgery, which indeed it turned out to be.

After confirming that the self-help group had not sent him the email, the father then embarked on some detective work his own. The fraudulent email was traced via its header to a dial-up internet connection and a phone number belonging to a shop in London. The shop was able to recover CCTV footage which showed a man sending the email from an Apple laptop. The man turned out to be Bruce Hyman.

Sentencing of Hyman is due in Bristol Crown Court on the 19th of September.

Thursday, April 15, 2010

Hundreds of thousands of air travelers had their travel plans disrupted in Europe by volcanic ash from the Eyjafjallajökull eruption.

Tens of thousands of air travelers were stranded when all flights into and out of the United Kingdom were grounded, as it became one of the first nations to be affected. The grounding was even more extensive than that following the September 11 attacks of 2001 when only trans-Atlantic flights were canceled.

Eurocontrol released a statement saying “…most air traffic in the United Kingdom, Ireland, Denmark, Norway and Sweden is suspended.”

The grounding is because the volcanic ash drawn into the jet stream is of a particle size which allows it to remain aloft in the atmosphere. Ingestion of this foreign matter, because of its distribution, would lead to flame outs in all aircraft engines. The composition of the ash also means that it would first melt into glass if it were to enter the engine of an aircraft before solidifying again as it cooled. This could lead to damage to the compressors and fan blades, which would make it impossible to restart the engines, even if the aircraft were to exit the cloud.

The current contingency is informed by the experience of British Airways Flight 9, which on June 24, 1982 suffered just such complete engine flame outs when it flew through the plume of Mount Galunggung in Indonesia. In that case, the flight crew after many efforts was able to restart the engines, though one failed shortly after, and the aircraft landed without casualties.

The UK National Air Traffic Services (NATS) has stated that “restrictions will remain in place in UK controlled airspace until 1300 (UK time) tomorrow, Friday 16 April, at the earliest,” and that “We will review further Met Office information and at 0230 (UK time) tomorrow we will advise the arrangements that will be in place through to 1800 (UK time) tomorrow.” The NATS statement concluded “…the situation cannot be said to be improving”.

In addition to Northern Europe, the ash is drifting south; Berlin and Hamburg airports in Germany are closed, and airports in the Netherlands, Belgium and Northern France are described as now being closed or closing. Some flights from Spain and Portugal, together with upwards of 4,000 flights across Northern Europe, have been affected, and the knock-on effect of aircraft and crews out of position could disrupt air travel worldwide for up to 72 hours.

One affected group are British musicians booked to play at this weekend’s Coachella Festival in California. Amongst those stranded are Frightened Rabbit, Gary Numan, The Cribs and Bad Lieutenant.

A compilation of brief news reports for Wednesday, November 26, 2008.

Nick Clegg, the leader of the Liberal Democrats, a British political party, has expressed his concern over the lack of men in childcare. In a speech to the Daycare Trust, Clegg commented on the issue. “There is still a huge stigma attached to men wanting to work in childcare,” he said. “Even just for men who want to take a more hands-on role in providing care for their own children.”

“The Daycare Trust’s own research shows that one in four men would consider working in childcare,” he continued. “Sadly some worry that their motives would be viewed with suspicion.”

Sources

• “Concern on lack of men in childcare” — The Press Association, November 25, 2008
• Press Release: “Clegg: Lack of men in childcare denies young children role models” — Liberal Democrats, November 25, 2008

A Pakistani hacker group named the Pakistan Cyber Army has reportedly attacked the official website of an Indian public sector petroleum company called Oil and Natural Gas Corporation. The attack was in response to the attacking of the official website of Pakistan state corporation Oil and Gas Regulatory Authority by Indian hackers named HMG, who attacked the OGRA’s website on November 17, and left a message on front page of the website that they would hack any Pakistani website with poor security controls. However, OGRA’s spokesman said he has no information on the incident.

Sources

• “Pakistani hackers hack Indian website” — The News International, November 25, 2008
• Muhammad Ali Raza. “A Message from PCA (Pakistan Cyber Army)” — propakistani.com, November 24, 2008

Apple Inc. has been told by the British Advertising Standards Authority (ASA) to stop showing its advertisement, which describes the internet connection on the iPhone 3G as “really fast,” while pictures on the screen showed pages loading in less than a second.

ASA stated that the ad is likely to “lead viewers to believe that the device actually operated at or near to the speeds shown in the ad,” which, according to the organisation, it does not. As a result, the ASA ruled that the ad “must not appear again in its current form.”

Sources

• “Apple made to drop iPhone advert” — BBC News Online, November 26, 2008
• Press Release: “ASA Adjudications” — Advertising Standards Authority, November 26, 2008

1903 UTC According to local reports, 10 people were left dead and others injured in the Indian city of Mumbai after gunmen opened fire there.

The police say that it appears to be a terrorist attack.

Gunmen started shooting at seven locations, including a crowded restaurant and a train station. There were also reports of shooting at a hospital and two hotels, as well as two explosions, which are believed to be grenade attacks.

Sources

• “Mumbai rocked by deadly shootings” — BBC News Online, November 26, 2008
• “Terror attacks in Mumbai; 10 dead, several injured” — The Times of India, November 26, 2008

Nigeria’s food and drug agency has said that 25 children, aged from 3 months to 4 years, have died after consuming a contaminated teething syrup. Ten others are reported to have been hospitalised.

The National Agency for Food, Drug Administration and Control said that the syrup, which goes under the name of “My Pikin”, had been tainted with diethylene glycol, a substance that is usually used in antifreeze and engine coolant.

The agency added that it has shut down Barewa Pharmaceuticals, the Lagos-based manufacturer of the syrup.

Sources

• “‘Bad syrup’ kills Nigerian babies” — BBC News Online, November 26, 2008
• “Nigeria bans teething drug after 25 children die” — guardian.co.uk, November 26, 2008