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Biodun@bbcnews.com
Friday, 26 November 2010
US says joint South Korea war games 'not directed' at China
Topic: south korea, north korea, bbc ne
 by Xian Wan, BBC News Southeast Asia Desk, for the BBC's Biodun Iginla
 
 
WASHINGTON: The United States sought Friday to reassure China over joint US-South Korean military exercises, with the Pentagon insisting the war games were "not directed" at Beijing. 

The four-day exercises starting Sunday come in the wake of North Korea's artillery bombardment of a South Korean island, and will include a US aircraft carrier in a bid to deter the North. 

"The Chinese government was informed of our intent to conduct this naval exercise in the areas west of the Korean Peninsula," said Pentagon spokesman Darryn James

"It is important to point out that this exercise is not directed at China. As with previous exercises in this series, these operations are defensive in nature and designed to strengthen deterrence against North Korea," he said. 

A Chinese Foreign Ministry spokesman told reporters on Thursday that Beijing had "concern" over the action, saying China opposes "any act that undermines peace and stability on the (Korean) peninsula." 

Tensions in the region have escalated after North Korea shelled a South Korean island on Tuesday, killing at least four people, and prompting retaliatory fire from the South. 



Posted by biginla at 10:17 PM GMT
New or updated articles by Biodun Iginla of The Economist and of the BBC
Topic: bbc news, biodun iginla, the eco
November 26th 2010


China and the Vatican: Bishops for pawns 
The Communist Party reserves the right to appoint bishops
Full article 

Asia: A triumph in Bihar 
Nitish Kumar, a reformer, wins a landslide in India's poorest state
Full article 

Technology: Big flap 
On the aerodynamic brilliance of the hummingbird, and whether it could be recreated by engineers
Full article 

Britain: Ex-soldiers in the classroom 
Bagehot wonders why weedy political journalists are so keen on the coalition's latest plan
Full article 

United States: Farewell, bridges to nowhere 
Who will weep for the earmark?
Full article 

Economics: The canteen vigilantes 
Inflation and the money supply in China
Full article


Posted by biginla at 9:37 PM GMT
North Korea warns US and South Korea that region is on brink of war....
Topic: south korea, north korea, bbc ne

 by Xian Wan, BBC News Southeast Asia Desk, for the BBC's Biodun Iginla

 YEONPYEONG ISLAND, South Korea – North Korea warned Friday that U.S.-South Korean plans for military maneuvers put the peninsula on the brink of war, and appeared to launch its own artillery drills within sight of an island it showered with a deadly barrage this week.

The fresh artillery blasts were especially defiant because they came as the U.S. commander in South Korea, Gen. Walter Sharp, toured the South Korean island to survey damage from Tuesday's hail of North Korean artillery fire that killed four people.

None of the latest rounds hit the South's territory, and U.S. military officials said Sharp did not even hear the concussions, though residents on other parts of the island panicked and ran back to the air raid shelters where they huddled earlier in the week as white smoke rose from North Korean territory.

Tensions have soared between the Koreas since the North's strike Tuesday destroyed large parts of this island, killing two civilians as well as two marines in a major escalation of their sporadic skirmishes along the sea border.

The attack — eight months after a torpedo sank a South Korean warship further west, killing 46 sailors — has also laid bare weaknesses in South Korea's defense 60 years after the Korean War. The skirmish forced South Korea's beleaguered defense minister to resign Thursday, and President Lee Myung-bak on Friday named a former chairman of the Joint Chiefs of Staff to the post.

The heightened animosity between the Koreas is taking place as the North undergoes a delicate transition of power from leader Kim Jong Il to his young, inexperienced son Kim Jong Un, who is in his late 20s and is expected to eventually succeed his ailing father.

Washington and Seoul have pressed China to use its influence on Pyongyang to ease tensions amid worries of all-out war, and a dispatch from Chinese state media on Friday — saying Beijing's foreign minister had met with the North Korean ambassador — appeared to be an effort to trumpet China's role as a responsible actor and placate the U.S. and the South.

The U.S., meanwhile, is preparing to send a nuclear-powered aircraft carrier to South Korean waters for joint military drills in the Yellow Sea starting Sunday.

The North, which sees the drills as a major military provocation, unleashed its anger over the planned exercises in a dispatch earlier Friday.

"The situation on the Korean peninsula is inching closer to the brink of war," the report in the North's officialKorean Central News Agency said.

A North Korean official boasted that Pyongyang's military "precisely aimed and hit the enemy artillery base" as punishment for South Korean military drills — a reference to Tuesday's attack — and warned of another "shower of dreadful fire," KCNA reported in a separate dispatch.

China also expressed concern over any war games in waters within its exclusive economic zone, though the statement on the Foreign Ministry website didn't mention the drills starting Sunday. That zone includes areas south of Yeonpyeong cited for possible maneuvers, though the exact location of the drills is not known.

China strongly protested an earlier round of drills in the region but has been largely mute over the upcoming exercises. Beijing could be withholding direct criticism to avoid roiling ties with South Korea and the U.S. and to register its displeasure with ally North Korea.

The North Korean government does not recognize the maritime border drawn by the U.N. in 1953, and considers the waters around Yeonpyeong Island its territory.

Yeonpyeong Island, home to South Korean military bases as well as a civilian population of about 1,300 people, lies only 7 miles (11 kilometers) from North Korean shores and is not far from the spot where the South Korean warship sank in an explosion in March.

Gen. Sharp said during his visit to the island that Tuesday's attack was a clear violation of an armistice signed in 1953 at the end of the three-year Korean War.

"We at United Nations Command will investigate this completely and call on North Korea to stop any future attacks," he said Friday.

Washington keeps more than 28,000 troops in South Korea to protect its ally from aggression — a legacy of the Korean War that is a sore point for North Korea, which cites the U.S. presence as the main reason behind its need for nuclear weapons.

Dressed in a heavy camouflage jacket, army fatigues and a black beret, Sharp walked down a heavily damaged street strewn with debris from buildings. Around him were charred bicycles and shattered bottles of soju, Korean rice liquor.

AP photographers at an observation point on the northwest side of Yeonpyeong heard explosions and saw at least one flash of light on the North Korean mainland.

There were no immediate reports of damage. Only a few dozen residents remain on Yeonpyeong, with most of the population of 1,300 fleeing in the hours and days after the attack as authorities urged them to evacuate.

Many houses were blackened, half-collapsed or flattened, the streets littered with shattered windows, bent metal and other charred wreckage. Several stray dogs barked as they sat near destroyed houses. A group of South Korean marines carrying M-16 rifles patrolled along a seawall as the sun rose from the ocean.

On Thursday, the South's president ordered reinforcements for the 4,000 troops on Yeonpyeong and four other Yellow Sea islands, as well as top-level weaponry and upgraded rules of engagement.

He also sacked Defense Minister Kim Tae-young amid intense criticism that Yeonpyeong was unprepared for the attack and that the return fire came too slowly. Lee named former Joint Chiefs of Staff chairman Kim Kwan-jin to the post, the president's office announced Friday.

Despite the criticisms, South Korea assured a meeting of the European Olympic Committees on Friday that it would be able to ensure security at the 2018 Winter Games if it's picked. The chair of the Pyeongchang 2018 bid committee presented their case Friday in Belgrade.

Lee, dressed in a black suit, visited a military hospital in Seongnam near Seoul Friday to pay his respects to the two marines killed in the North Korean attack.

Lee laid a white chrysanthemum, a traditional symbol of grief, on an altar, burned incense and bowed before framed photos of the two young men. Consoling sobbing family members, he vowed to build a stronger defense.

"I will make sure that this precious sacrifice will lay the foundation for the strong security of the Republic of Korea," he wrote in a condolence book, according to his office.

___


Posted by biginla at 2:39 PM GMT
Stumbling towards infinity
Topic: russia, imf, bbc news, the econo

The Russian default

Nov 25th 2010 | From The Economist print edition

 

How the IMF was stumped by Russia

No Precedent, No Plan: Inside Russia’s 1998 Default. By Martin Gilman. MIT Press; 416 pages; $29.95 and £22.95. Buy from Amazon.comAmazon.co.uk

BEFORE the global economic crisis, the IMF’s slide into irrelevance seemed assured. Now it is back at the front line of gargantuan bail-out packages, wrangling over government spending and tax reform, and attempts to stop sovereign defaults further disturbing the jittery global financial system. Few would doubt that the fund faces a thankless task in countries such as Pakistan and Greece. But its missions are also intensely political and their success fundamentally unpredictable. Just how much so readers will learn from Martin Gilman’s account of Russia’s fitful, often stumbling economic reforms in the short decade between the collapse of the Soviet Union and the country’s default on its domestic debt in 1998. Especially unpredictable too are the chances of troubled economies getting back onto an even keel.

As the IMF’s senior representative in Russia, based in Moscow during the 1990s, Mr Gilman is well-placed to offer an unusually detailed account of what really went on as the IMF tried to work with the Russian authorities to help it move from post-Soviet chaos to a functioning market economy. Few observers fully appreciated just how dysfunctional the Russian state was at the time. The Russian establishment, or whichever faction had the upper hand in the endless internecine manoeuvrings he describes, grossly overestimated the extent to which it could effect changes in policy. And of course there was corruption. Mr Gilman’s view is that there was less outright pilferage than is commonly believed, though American food aid and bilateral trade credits were two areas where corruption was endemic. The biggest problems, he says, were poorly conceived projects and wasteful expenditure. The IMF repeatedly erred in believing the claims of Russian politicians about what they could achieve. In the end, the fund had only a marginal effect on the course of events, though Mr Gilman stops short of admitting it was out of its depth.

The results were often farcical. In the mid-1990s, Russian targets for tax collection were repeatedly thwarted by a tendency first to overestimate the government’s capacity to raise revenues and then, when faced with chronic shortfalls, to resort to apparently attractive shortcuts that promised quick fixes to problems that required institutions to be built up slowly. But there is a particularly otherworldly feeling to the tale of the Russian government setting up an agency to galvanise tax collection, apparently without realising that its acronym, VChK, was identical to that of a much-hated early Bolshevik secret police force, making it an easy target for political opponents.

Given just how heavily the cards appear to have been stacked against Russia in Mr Gilman’s account, it is not surprising that the wayward progress of its economic transformation in the 1990s culminated in its 1998 default. Mr Gilman cautions that Russia’s fundamental institutional problems, including the absence of much rule of law, still need to be properly addressed. Meanwhile, though, the economy is growing; inflation has been tamed; and the poverty rate was halved in the ten years to 2009, helped by an eightfold increase in the oil price. Mr Gilman disagrees with those who interpret this period as a “temporary aberration fuelled by high energy prices”, pointing out that Russia has, in the past decade, also made some good policy choices, including reforming its tax code and passing prudent budget laws.

Russia’s particular circumstances after communism’s collapse make it unique. Still, those trying to reform other highly indebted economies on the brink of default will find plenty to chew over in Mr Gilman’s account of the toxic interaction between domestic politics and otherwise soundly conceived economic policies. But they will be disappointed if they seek to understand how governments can deal with the justifiable frustration that people feel, and seek to express, during times of economic turmoil. Mr Gilman’s portrait of Russia in the 1990s details every twist and turn of policy in sometimes excruciating detail. But the Russian people—and any sense of what it felt like to live through the tumultuous times he describes—are largely absent from this book.

Readers' comments

The Economist welcomes your views.


Posted by biginla at 1:54 PM GMT
NPR sustains GOP assault
Topic: npr, bbc news, gop

by Rochelle van Amber for the BBC's Biodun Iginla

 

  | Tue, Nov 23, 5:24 PM

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"Dignified" is not a word often associated with the wretches populating today's spluttering, hollering media. But it's a word that came to mind last week watching National Public Radio cope with the first in what will be a series of attacks on its government funding.

Newly energized conservatives moved Thursday in the House of Representatives to limit payments to the public radio network, which they insist is a hotbed of left-wing political orthodoxy. They failed but will without question try again, as a Republican majority takes power next year.

To what end? Apparently to satisfy an itch to lash out at menacing Eastern elites, to vanquish Big Government and to vindicate the righteousness of Juan Williams, sent packing last month by NPR for speaking intemperately about Muslims during an appearance with Fox News personality Bill O'Reilly.

Never mind that grants to public radio from the Corporation for Public Broadcasting, $94 million a year, amount to a rounding error, a tiny fraction of a fraction of the federal government's budget. Never mind that last week's action would have disproportionately harmed rural, small-town stations, not big-city powerhouses. Never mind that Williams (though terminated for no good reason, in my view) made an insignificant imprint on NPR's total news package.

Moving NPR to the very top of the GOP cut list has much more to do with symbolism and bowing to an emboldened political base than with good government, impartial media or serving the average citizen. After all, the audience for public radio has grown 60 percent over the last decade. Forty million listeners now tune in each week.

No doubt many seek a refuge from the silliness and ideological histrionics increasingly gripping the rest of media. That would have been clear to anyone who has listened to NPR news, as opposed, say, to getting a caricatured view of it from ideologues on cable television and AM talk radio.

What NPR reported -- even in the hours the House considered tampering with its funding -- showed it to be far more temperate, balanced and, yes, dignified than its enemies.

A good chunk of the coverage of late has been about the Republicans who dominated this month's midterm election. One story last week, on the Republican Governor's Association conference in San Diego, reported how the GOP group celebrated its new diversity, courtesy of the election of two Latinos, an Indian-American and the first woman elected governor of Oklahoma.

That "Morning Edition" broadcast also enabled Rep. David Dreier, R-Calif., the incoming GOP chair of the House Rules Committee, to lay out his agenda. Dreier called the U.S. "a center-right nation" and described how he hoped to nudge President Barack Obama to a more conservative agenda.

Another day recently, NPR featured an incoming conservative House member, talking about a desire to get government "out of the way of the people." NPR's website -- courtesy of content partner The National Review -- posted favorite reading materials of the incoming GOP leaders. A profile of incoming House Speaker John Boehner viewed him largely through the eyes of other Republicans, including one former congressman who praised the Ohioan as a reformer with a "sense of perspective."

There wasn't a hint of subterfuge or disrespect in any of that coverage. Not that Mr. Boehner would care. A couple of weeks ago, he told the National Review that he had severe doubts about "spending taxpayers' money to support a left-wing radio network."

Given their expressed disdain for NPR, the Republicans chose an interesting flanking maneuver for their first major attack on public broadcasting since 1995, when Newt Gingrich was House speaker. The procedural gambit (which failed by a 239-171 vote) would have prohibited public radio stations from spending their grants from the taxpayer-supported Corporation for Public Broadcasting (CPB) to buy NPR programs.

This would have put only a small dent in robust, big-city stations, some of which get well under 10 percent of their funding from the tax-backed corporation. They could buy NPR programs simply by dipping into their member contributions.

It would have been small, rural stations, some of which get 50 percent or more of their funding from CPB, that would have struggled if they had not been allowed to buy shows from NPR. Many of these stations, ironically, are in conservative regions where alternative news outlets are few and far between. Producing their own alternative news would be prohibitively expensive.

"When they talk about killing the Corporation for Public Broadcasting allocation to NPR, they are talking about taking it away from the people who already have the weakest voice," said Jennifer Ferro, general manager of Santa Monica, Calif.-based KCRW-FM.

 

Gingrich put public television in his gun sights the last time around. He pressed for months to zero-out funding for PBS, only to find that mainstream Americans liked public TV characters, especially Big Bird.

The GOP leaders called for Thursday's vote after constituents targeted NPR in an online vote sponsored by Republican House Whip Eric Cantor. But like the last opponents of public broadcasting, they will have trouble pushing cuts past a divided Senate and the Democrat in the White House.

In Los Angeles last week, NPR Chief Executive Vivian Schiller preferred to talk about her reporters risking their lives in Iraq, Afghanistan and other hot spots. She touted the recent addition of bureaus in Istanbul and Jakarta, Indonesia, and an initiative to add reporters to follow government in all 50 states.

She wanted to talk, in other words, about news, on a day when Fox News boss Roger Ailes called NPR leaders "Nazis." In an "apology" to the Anti-Defamation League, Ailes reportedly suggested he should have substituted "nasty, inflexible bigot" for "Nazi."

Schiller would not be drawn into the eye-gouging. But she had no illusion that it would end any time soon.

"It's not over. There is no question it's not over," Schiller said of the attacks on NPR funding. "But I don't think our listeners, readers and viewers are going to stand for it."


Posted by biginla at 1:12 PM GMT
EU says no risk to the eurozone because of Ireland's crisis
Topic: eurozone, ireland, bbc news

BERLIN/PARIS | Thu Nov 25, 2010 10:56am EST

- Senior euro zone officials dismissed any risk of the single currency area breaking up after financial markets, alarmed by Ireland's debt crisis, forced the borrowing costs of Portugal and Spain to record highs.

"There is zero danger," Klaus Regling, chief of the euro's financial safety net, European Financial Stability Facility (EFSF), told German daily Bild in an interview published on Thursday when asked if the euro zone could break apart.

"It is inconceivable that the euro fails," he said.

Some economists and commentators, mostly in Britain and the United States, have suggested the 16-nation common currency launched in 1999 could split because of peripheral members' high debts and deficits, and a loss of competitiveness with Germany.

But Regling said: "No country will give up the euro of its own will: for weaker countries that would be economic suicide, likewise for the stronger countries. And politically Europe would only have half the value without the euro."

Greece received a three-year 110-billion-euro EU/IMF bailout in May, leading to the creation of the EFSF, which Ireland has now applied to tap to cope with the devastating impact of a banking crisis on its public finances.

The cost of insuring Irish debt against default continued to rise on Thursday amid market doubts about Dublin's austerity plan. In another sign of waning confidence, European clearing house LCH.Clearnet increased the deposit it requires traders in Irish government bonds to post for the third time this month.

The euro tumbled this week after German Chancellor Angela Merkel alarmed markets by saying the single currency was in an "exceptionally serious" situation.

German Bundesbank chief Axel Weber, a powerful member of the European Central Bank's governing council, said he was convinced EU leaders would do whatever it takes to repel what he called an "opportunistic attack" on the currency area.

Weber noted that the EFSF and other EU rescue funds had enough money, if necessary, to cover the borrowing needs of the four financially troubled members of the euro zone -- Greece, Ireland, Portugal and Spain.

"If that is not enough, I am convinced euro zone states will do what is necessary to protect the euro," Weber told French business and political leaders in Paris on Wednesday evening. "But 750 billion (euros) should be more than enough to see off an attack on the euro zone."

Currency and credit markets have been unnerved by German proposals to force bond holders to share the cost of any future default by highly indebted euro zone countries, as well as by the alarmist tone of recent comments by Merkel and European Council President Herman Van Rompuy.

ECB policymaker Ewald Nowotny voiced irritation at Merkel for not "differentiating between the euro as a currency and the problems of individual (euro zone) states."

Euro zone policymakers are hoping that Spain and Portugal can stave off an Irish- or Greek-style debt meltdown.

A Reuters poll this week showed 34 out of 50 analysts surveyed believe Portugal will be forced to follow Ireland and ask for help. In a separate survey only four out of 50 economists thought Spain would seek external aid.


Posted by biginla at 2:37 AM GMT
The Pirate Bay: Countervailing power and the problem of state organized crime
Topic: technology, internet, economics
Presented by Biodun Iginla, News and Tech Analyst for BBC News=============================================================
d

~Leon Tan~



Introduction
------------

In the short space of a decade, the Internet based circulation of
information in the form of media files has become highly
controversial, giving rise to allegations of piracy and theft by a
host of artists and media firms. This article constructs a case for
online file-sharing or so-called 'media piracy' as a form of
political-economic claims-making involving consumer populations,
professional artists, media firms and governments in ongoing
contention. File-sharing activities and the online social networks
that sustain them are treated as 'repertoires of contention' to use a
concept from Charles Tilly and Sidney Tarrow. When taken up by users
on a massive social scale, online repertoires of contention enable
the production of what the late economist John Kenneth Galbraith
called countervailing power. They make possible the emergence of
'autonomous zones' or 'strategic sovereigns' that resist lines of
prevailing power in the *absence* of competition, and in the
particular example in question -- Sweden -- in the presence of state
collusion with anti-market forces. The collusion of governments with
oligopolies raises serious problems for citizen-constituencies, and
is discussed as a kind of 'organized crime' related to a wave of
de-democratization. What makes such alliances more troubling is the
fact that file-sharing has not demonstrably 'damaged' the creative
industries as a whole, but appears to have contributed to
world-economic transformations including an increase in creative
production and an expansion and globalization of media markets. To be
clear about the scope of this article, the objective is not to
predict the future or to solve all the problems posed by copyright
and file-sharing, but rather to problematize the concept of piracy
using the example of The Pirate Bay, and to portray the affordances
of virtual repertoires of contention and countervailing power for a
community of small-scale economic actors. In pursuit of this
objective, what is offered is a theoretical framework with which to
think about the political-economy of networked media, and a snapshot
of part of the unfolding history of networked media cultures,
including within it the voices of file-sharers.


File-sharing and Media Piracy
-----------------------------

Online file-sharing is a form of social relation involving the
exchange of digital files, especially but not exclusively media such
as music, movies, games and software. In this article, we are
concerned primarily with 'free' file-sharing of the kind made popular
by peer-to-peer (p2p) networks. Free in this context means that users
are not making direct payments for the uploading and downloading of
files, even if payments are made between advertisers and software
vendors on the basis of user traffic. As a social habit, file-sharing
depends on the Internet's capacity to circulate digital information
cheaply and rapidly without regard for physical distances. Napster
was perhaps one of its first famous incarnations, providing
technology that allowed individuals to easily copy and distribute
music (mp3) files amongst each other, thereby circumventing
pre-existing market pricing and distribution structures entirely.
According to the Pew Internet Project's research, file-sharing is
common to a sizeable and active population of so-called 'freeloaders'
or 'free-riders.' In 2000 for instance, Rainie, Fox and Lenhart
observe, "some 14% of Internet users, about 13 million Americans,
have downloaded free music files on the Internet that they do not own
in other forms." [1] By 2003, the file-sharing community in the US
nearly tripled to 35 million. [2] In 2009, Madden cites
BigChampagne's research in estimating the size of the p2p universe
"at more than 200 million computers with at least one peer-to-peer
application installed." [3] In Sweden, Findahl of the World Internet
Institute observes a steady increase in file-sharing between
1992-2006, and in 2007, finds 14% of the population or roughly 1
million Swedes engaged in file-sharing, noting the presence of "a
group who have quit sharing files, but may resume at some time in the
future." [4] In 2009, Svenska Dagbladet (a Swedish daily newspaper)
reports findings by the International Federation of the Phonographic
Industry (IFPI) that 40% of Swedes between the ages of 15 and 74, or
2.8 million, engage in file-sharing, [5] a figure more or less in
keeping with the growth trajectory observed by Findahl. Rather than
calculating file sharer percentages in various populations,
Oberholzer-Gee and Strumpf provide a different measure of the
popularity of file-sharing, observing how "more than 60% of Internet
traffic consists of consumers sharing music, movies, books and
games." [6] Such a figure supports the estimation of a sizeable
population of file-sharers in the hundreds of millions across the
entire online world economy today.

File-sharing may be considered a form of 'economic claims-making'
insofar as it composes exchange relations associated with sets of
means (music, movies, games and software). While the economic claims
made in file-sharing of copyright-expired material, home videos,
unsigned music and other forms of 'user-generated' content may pass
without much conflict, the situation is altogether different where
copyright protected media are concerned. In the sociological
framework of Charles Tilly and Sidney Tarrow, such claims-making
becomes *contentious* at the point when it impinges on others:
"Contention involves making claims that bear on someone else's
interests." [7] When Napster first emerged between 1999 and 2001 it
rapidly attracted the attention of music firms, who perceived their
prevailing economic claims (revenue streams) as being undermined
through the free circulation of copyrighted music. Music firms were
quick to file charges of mass copyright violations against Napster in
a US court using the organizational vehicle of the Recording Industry
Association of America (RIAA). Napster was shut down in 2001 under
judicial order. This meant little, however, to millions of
file-sharers or 'peers,' who simply migrated to the many
decentralized file-sharing communities that subsequently emerged. [8]

Other test cases followed on the heels of the Napster landmark
ruling, with the RIAA losing in 2003 against two p2p file-sharing
assemblages [9] Morpheus and Grokster when a judge determined that
the software, or in other words, the means, for p2p file-sharing was
itself legal. The RIAA promptly shifted their attention from suing
software firms to suing individual file-sharers. Meanwhile,
innovations emerged allowing file-sharers to encrypt Internet traffic
or making it difficult to track in other ways, offering a degree of
protection from exposure to a nascent community. Almost a decade
later, despite the strident economic claims and contention of media
firms, file-sharing has become more rather than less popular.
Protective tools have also become more sophisticated, with the
Swedish IPredator, [10] for example, providing users with encrypted
tunnels and switching their IP addresses for anonymous ones for a
fee. During this time, lobby organizations representing the interests
of media oligopolies [11] including the IFPI and the Motion Picture
Association of America (MPAA) joined the RIAA in expanding copyright
related claims-making into a transnational initiative, successfully
motivating the Swedish government to take action recently against one
of today's most well known file-sharing assemblages, The Pirate Bay
(TPB). [12]

The concept 'media piracy' owes its origins at least partly to the
ongoing contention between media firms and file-sharing populations.
'Piracy' is a term that is actively used by organizations including
the RIAA, MPAA and IFPI to characterize file-sharing involving
copyrighted media as theft. Such a characterization is highly
problematic for numerous reasons. First, as William Patry observes,
"In Dowling v. United States, the United States Supreme Court held
that copyright infringement was not 'stealing' within the meaning of
the National Stolen Property Act." [13] Secondly, as James Boyle
argues, intellectual 'property' claims should not be treated in the
same way as material property claims, given differences such as the
generally non-rival characteristics of software and digital media.
[14] Thirdly, no differentiation tends to be made between personal
and commercial file-sharing, and yet, personal use has in the main
been "lawful by long tradition" according to Jessica Litman. [15]
Indeed Litman correctly observes that while US copyright law fails to
explicitly specify personal use rights, readers, listeners and
viewers have historically enjoyed a host of *copyright liberties*
involving the personal use of content, provided for by the very
architecture of the system. Personal uses, Litman argues, "occupy the
heart of copyright's historic liberties to enjoy copyrighted works."
[16] Fourthly, the claims of financial loss and 'damage' to the
creative (music and motion picture) industries are not only difficult
to quantify but also problematized by an increase in creative
production across multiple formats, and an expansion of markets for
complementary goods and services such as concerts and merchandise.
[17] Lastly, the disproportionate power of media oligopolies in
relation to individual consumers vis-à-vis state (legislative) bodies
has meant the prevailing of their interests in expanding the scope of
intellectual property rights, over those of the public in personal or
so-called 'fair use,' [18] not to mention free speech and privacy.
Far from being universally accepted, claims and accusations of media
piracy and theft instead form the basis for continuing cycles of
contention.

While the claims for and against file-sharing are clearly economic in
nature, concerning dynamics of resource distribution and exchange
relations, they are also *political* insofar as they concern the
pursuit of desired lifestyles, different and new modes of life and
patterns of social expression that problematize existing legislative
regimes and economic distributions. For our purposes, economic claims
become political whenever appeals to government authority are made,
whether direct or indirect. As Charles Tilly explains,

      Claim making becomes political when governments -- or more
      generally, individuals or organizations that control
      concentrated means of coercion -- become parties to the claims,
      as claimants, objects of claims, or stake holders... Contention
      occurs everywhere, but contentious politics involves
      governments, at least as third parties. [19]

As we will see shortly in the case of TPB, claims-making is *both*
political *and* economic, involving the action of the Swedish courts
in what Tilly and Tarrow call the 'certification' [20] or validation
of claims. The certification function typically rests with
governments on account of the control such organizations exert over
coercive means and legislative and judicial privileges (the right to
create and interpret laws).


The Pirate Bay as Virtual Repertoire of Contention
--------------------------------------------------

In their analysis of conversation rituals and dynamics of contention
between citizen populations and governments, Tilly and Tarrow observe
that different political regimes and authority structures afford
different opportunities and risks for the organized expression of
claims and contention. [21] Using the examples of the US and Swedish
world-economies, periodic elections, referendums, boycotts, public
marches and industrial strikes constitute formal and informal
components in what they would call a 'repertoire of contention'. A
repertoire of contention provides the means by which groups of
individuals express claims, frequently in terms of agreement and
disagreement with the authority structures to which they are subject.
Tilly and Tarrow provide extensive accounts of the dynamics of social
organizing and contention in existing world-economies, [22] making it
unnecessary to dwell on these *actual* repertoires of contention.
Instead the focus here is on a *virtual* repertoire of contention
made possible by Internetworked tools and social practices. Virtual
repertoires of contention emerge from the combination of expressive
technologies with global accessibility and massive social uptake,
forming online social networks, virtual publics and markets, enabling
individuals and groups to express collective identities, claims and
contention easily, both within and beyond the authority structures
governing their immediate geopolitical locales.

TPB is one of today's most in/famous file-sharing assemblages, at one
point reaching traffic peaks of "close to 25 million unique visitors
per month." [23] It was established in 2003 by Swedish anti-copyright
organization Piratbyrån (Piracy Bureau), [24] a loosely-knit
collective founded in 2001, motivated by disagreement with prevailing
understandings and regimes of copyright, and opposition to the
industry funded anti-piracy lobby group Svenska Antipiratbyrån
(Swedish Anti-Piracy Bureau). [25] As a file-sharing mechanism, TPB
provides a centralized repository of .torrent files used by the
BitTorrent protocol and, until recently, also functioned as a
tracker. It will be useful to explain a little about Bit-torrent at
the outset for those unfamiliar with the technology. BitTorrent is a
p2p (many-to-many) file-sharing protocol optimized for distributing
large files rapidly, whose use depends on a number of components --
torrents, trackers and clients. Sharing a file or group of files
using BitTorrent requires the creation of a small file called a
torrent containing metadata about the file/s to be shared including
the urls of tracker sites and names and hash values of the file/s
described. A tracker is any server that coordinates p2p file-sharing
by identifying the network locations of clients uploading and
downloading files associated with torrents. Trackers may be open like
TPB, where anyone may search for and download torrent files, or
closed, in which case subscription fees and/or recommendations by
peers are required for access. A BitTorrent client -- such as the
software program Vuze [26] -- enables file-sharers to search for and
download torrents and the files they point to from networked peers.
In 2009, TPB implemented magnet links across the site, which unlike
.torrent files, rely on hash values (and not names or locations) to
identify desired content. The advantage of magnet links is that
BitTorrent indexers may save on bandwidth by allowing only the hash
values of .torrent files to be downloaded, with clients subsequently
using these values to locate first the desired torrent, and then the
file it points to, from peers. TPB also began promoting the use of
the DHT (Distributed Hash Table) and PEX (Peer Exchange) systems as
increasingly viable alternatives to centralized trackers. Their main
advantage is to make it unnecessary for file-sharers "to rely on a
single server that stores and distributes torrent files." [27] At the
time of writing TPB still provides .torrent files alongside magnet
links, but has allowed its tracking function to fall into disuse.

Consisting of the means for peers to establish connections regardless
of physical distances, communicate with each other, and share files
hosted ultimately by a globally distributed network, TPB constitutes
a virtual repertoire of contention enabling the expression of
political-economic claims. Whereas actual repertoires of contention
are invariably land-locked, virtual repertoires of contention on the
other hand tend to be *globalizing* in their effect on actual
world-economies, contributing to an "increase in the volume and speed
of flows of capital, goods, information, ideas, people, and forces
connecting actors across countries." [28] In globalizing claims and
contention, virtual repertoires enable redistributions of market
power, offering to populations of small-scale economic actors the
potential to gain a more even footing in relation to 'capitalist' or
'anti-market' organizations exercising concentrated economic power in
actual markets. Whereas isolated individuals rarely possess the
market power to influence terms of exchange relations with large
firms and oligopolies, the cumulative action of swarms [29] of
individuals expressing claims collectively online may be sufficient
to produce what the economist John Kenneth Galbraith calls
'countervailing power'. [30] Countervailing power is a market
mechanism distinct from competition, yet both mechanisms involve the
restraint of concentrated economic power. The sections to follow deal
first with the difference between competition and countervailing
power, next, with contentious relations between file-sharers, TPB,
media firms and the Swedish state, and finally with the problem of
state organized crime and an associated de-democratization.


Competition and Countervailing Power
------------------------------------

Although popularly characterized as 'capitalist' after the end of the
Cold War, the world economy and its component world-economies in fact
consist of a multiplicity of actors, relations and dynamics. The
economic historian Fernand Braudel distinguishes between at least two
kinds of exchange relations, one he calls 'capitalism' and the other
'market economy.' He characterizes the two sets of relations thus:

      There are two types of exchange: one is down-to-earth, is based
      on competition, and is almost transparent; the other, a higher
      form, is sophisticated and domineering. Neither the same
      mechanisms nor the same agents govern these two types of
      activity, and the capitalist sphere is located in the higher
      form. [31]

According to Braudel, the market economy exemplified by town markets
is founded on competition. In a market economy, goods and services
are provided and prices set by processes of more or less free
bargaining. In such collectively owned markets, conventions, rituals,
and rules tend to be known in advance, such that "the always moderate
profits can be roughly calculated beforehand," [32] and buyers and
sellers tend to interact on an "eye to eye and hand to hand" [33]
basis. Market economies are competitive in that the capacity or power
to express economic claims and contention consequentially is
distributed more or less equally across component assemblages; there
are neither significant barriers to entry nor high concentrations of
economic power in any actor.

Capitalism on the other hand, is characterized by the exercise of
concentrated economic power, and exemplified by monopolies and
oligopolies. For Braudel, capitalism is fundamentally
*anti-competitive*, for which reason he calls such assemblages
'anti-markets' to emphasize their radical difference from collective
and competitive market economy dynamics. Braudel considers this form
of exchange relation unequal, pinpointing two mechanisms exploited by
anti-markets:

      It is obvious that here we are dealing with unequal exchanges in
      which competition -- the basic law of the so-called market
      economy -- had little place and in which the dealer had two
      trump cards: he had broken off relations between the producer
      and the person who eventually received the merchandise (only the
      dealer knew the market conditions at both ends of the chain and
      hence the profit to be expected); and he had ready cash, which
      served as his chief ally. [34]

The two trump cards facilitate the concentration of economic
power, privileging a handful of capitalist assemblages over others in
the capacity to express consequential economic claims and contention.
[35] Where anti-markets are concerned, in place of competition, goods
and services are provided and prices set or 'managed' by *command*.
[36]

As a market mechanism, competition solves the problem of concentrated
economic power through restraint on the same side of the market. In
Galbraith's words, competition involves "the restraint of sellers by
other sellers and of buyers by other buyers." [37] Yet as Galbraith
argues, restraint on concentrated economic power may also emerge from
the opposite side of the market. He calls this concept
'countervailing power', which is explained as follows:

      The fact that a seller enjoys a measure of power, and is reaping
      a measure of monopoly return as a result, means that there is an
      inducement to those firms from whom he buys or those to whom he
      sells to develop the power with which they can defend themselves
      against exploitation. It means also that there is a reward to
      them, in the form of a share of the gains of their opponents'
      market power, if they are able to do so. In this way, the
      existence of market power creates an incentive to the
      organization of another position of power that neutralizes it.
      [38]

Using Galbraith's concept, trade unions, consumer activist groups and
even online file-sharing may all be considered forms of
countervailing power, involving the *self-organizing* [39] of other
positions of power to neutralize concentrated power in existing
world-economies, *from the opposite side of the market*.

As a form of countervailing power, trade unions (at least in the US)
arose on the side of workers/employees to counteract harsh and
exploitative labor conditions [40] imposed by owners and managers of
anti-markets. Consumer activist movements such as Wake Up Walmart,
[41] or the older Consumer Federation of California, [42] emerged
from the efforts of disgruntled buyers organizing to neutralize the
anti-social exercise of concentrated power by capitalist sellers. In
the example of TPB, online file-sharing produces a globalized
countervailing power on the side of millions of consumers, whose
claims-making directly challenges existing media pricing and
distribution structures. In each case, the successful exercise of
countervailing power in a world-economy effectively redistributes
market power, producing real transformations in economic actors and
relations. As we will see, file-sharing as countervailing power even
resists the power of the Swedish courts, spawning more overtly
political organizations such as Piratpartiet (The Pirate Party,
Sweden) [43] as well as innovations in media pricing and distribution
such as Spotify and Voddler (discussed later). While the existence
and prevalence of countervailing power means that markets do not
necessarily require direct intervention from governments (to remedy
'failures' due to the absence of competition), serious problems arise
when courts and states become involved in certifying the claims of
media firms, creative producers and consumer populations. The
specific problem in this case concerns a 'democratic' government's
allegiances to a handful of large firms on one hand, and its own
citizen-constituencies on the other. Jessica Litman's account of the
recent history of 'digital copyright' legislation in the US portrays
a massive expansion of rights of a small group of copyright holders
aided by Congress and the law courts, and a consequent erosion of
copyright liberties, that is, the entitlements of the public to
noncommercial enjoyment (reading, listening and viewing) of the works
in question. [44] In these circumstances, one is forced to ask how
the privileging of claims of copyright holders over those of
literally millions of file-sharers squares with the democratic
principle of the rule-of-many?


The Contentious Politics of File-sharing in Sweden
--------------------------------------------------

The Swedish file-sharing site TPB has been involved in legal disputes
for the better part of its existence, largely on account of its
popularity and torrent hosting and tracking activities. While TPB
undoubtedly facilitates the sharing of copyrighted materials, it has
thus far escaped the fate of being shut down by law courts because it
merely hosts and saves torrents and *not* the files to which they
point. As TPB explain on their website, "[o]nly torrent files are
saved at the server. That means no copyrighted and/or illegal
material are stored by us." [45] This and other declarations by TPB
have, however, failed to deter a largely American copyright-owning
oligopoly from lobbying the Swedish state for support in their
economic claims-making and contention, resulting in a police raid on
TPB in 2006.

      In 2006 it transpired that the perseverance of The Pirate Bay
      and the fact that Swedish authorities could do little by way of
      forcibly closing it down had prompted Americans to lobby the
      Swedish government on the ministerial level. According to the
      Swedish public service broadcaster SVT (2006), this was the
      initial cause for the May 2006 police raid on the site. [46]

While the May raid temporarily disrupted TPB's website, no charges
were filed and the site was back in operation within days. In 2008,
at the instigation of firms including Sony BMG Music, EMI Music,
Columbia Pictures, 20th Century Fox, Universal Music and Warner
Bros., Stockholm District Court Prosecutor Håkan Roswall began formal
legal proceedings against TPB organizers and a backer -- Hans Fredrik
Lennart Neij, Gottfrid Svartholm Warg, Peter Sunde Kolmisoppi and
Carl Ulf Sture Lundström -- charging them with conspiracy to break
copyright law in Sweden. [47]

In the ensuing trial in 2009, the Stockholm District Court found the
defendants guilty of "assisting in making copyright content
available," issuing a fine and one-year jail sentences. [48] TPB
organizers and Carl Lundström have since submitted appeals, and as of
September 2010, are awaiting a verdict, while in the meantime TPB
continues hosting torrents undeterred. With its decentralized
distribution of components, the BitTorrent protocol enables
relatively powerless individual consumers to self-organize as a
larger scale economic actor with a distinctive (if controversial)
identity and existence. TPB's ability to distribute its own servers
globally further ensures its survival *regardless* of the rulings of
Swedish courts. As TPB co-founder Peter Sunde explains in an
interview with David Kravets,

      It's a distributed system. We don't know where the servers are.
      We gave them to people we trust and they don't know it's The
      Pirate Bay... They then rent locations and space for them
      somewhere else. It could be three countries. It could be six
      countries. We don't want to know because then you'll have a
      problem shutting them down. [49]

In globalizing itself, TPB constitutes a countervailing power of
sufficient force and coherence to resist, neutralize and transform
(to an extent) prevailing concentrations of power in anti-markets
including all the plaintiffs in the trial, and to challenge states
that have come out in support of anti-market forces, notably the US
and Swedish governments.

The specific claims on both sides of prevailing and countervailing
power may be discerned most readily in conversations in which their
component assemblages participate. On the side of media firms,
file-sharing quite simply constitutes copyright infringement and
theft. The over-riding claims are therefore that consumers should
stay within the terms of existing pricing and distribution regimes
dictated largely by the content industries, and that TPB are
willfully causing financial damage.

      'The Pirate Bay operation has caused massive financial damage to
      rights holders,' said Ludvig Werner, chairman of the Swedish arm
      of the International Federation of the Phonographic Industry.
      'The profiteers behind The Pirate Bay have no interest in free
      speech, and they are not running The Pirate Bay because they
      love music and films. They are totally mercenary.' [50]

It is not surprising then that the claims of media firms logically
extend to demands for financial compensation for lost revenues. The
guilty verdict delivered by the Swedish court in 2009 certifies these
claims of financial damage to an extent, particularly in the
imposition of a fine on the defendants. If the claims are not clear
enough, the letter sent in 2007 to Swedish Justice Minister Åsa
Torstensson by heads of trade groups including IFPI CEO John Kennedy
is instructive. It urges "that swift and decisive action is taken in
Sweden against one of the world's biggest engines of Internet
copyright infringement -- The Pirate Bay," describing TPB activities
as "massive piracy of music." [51]

On the side of file-sharers, claims-making and contention is also
very clear and may be found in TPB user forums [52] as well as in TPB
blog posts and their comments. [53] In its 2009 New Year Greetings on
both the homepage and blog, for example, TPB criticizes the collusion
of states and anti-markets, particularly where these have resulted in
incursions against human rights and civil liberties.

      Happy new year! The past year has been good to all of us. Next
      year won't be as good, is our sad prediction. File-sharing will
      not be very affected but our rights as human beings are being
      infringed on all the time. New laws are passed all over the
      world and especially here in Sweden. We're very sad by this so
      we hope that we are proven wrong. Anyhow, happy
      1984^H^H^H^H20009! Let's continue to break some new records this
      year as well! [54]

While organizations such as the MPAA, RIAA and IFPI may be within
their legal rights [55] to express claims on the side of prevailing
power, it must be recognized that existing legal frameworks
regulating copyright derive from pre-Internet economies, and were for
that matter shaped largely by the content industries. New media
practices and social realities, however, demand a renewal of concepts
and even new legal frameworks, a point taken up by Lawrence Lessig
(among others). [56] For Lessig as for TPB, a clear distinction
should be made between commercial and personal use. Attempting to
apply blanket copyright laws across commercial *and* personal domains
inevitably raises problems of human rights violations.

The Universal Declaration of Human Rights, or UDHR, adopted by the
United Nations General Assembly since 1948, emerges from a
long-running conversation between individuals and groups populating
the world economy at large, which stretches "from the Hammurabi Codes
of ancient Babylon to the mandates of the League of Nations." [57] As
such, it may be considered part and parcel of long-term bargains
struck between governments and populations in the world economy. Of
its articles, four may be singled out for their relevance to our
discussion, Articles 12, 19, 20 and 27:

      No one shall be subjected to arbitrary interference with his
      privacy, family, home or correspondence, nor to attacks upon his
      honour and reputation. Everyone has the right to the protection
      of the law against such interference or attacks (Article 12);

      Everyone has the right to freedom of opinion and expression;
      this right includes freedom to hold opinions without
      interference and to seek, receive and impart information and
      ideas through any media and regardless of frontiers (Article
      19);

      Everyone has the right to freedom of peaceful assembly and
      association (Article 20);

      Everyone has the right freely to participate in the cultural
      life of the community, to enjoy the arts and to share in
      scientific advancement and its benefits (Article 27).

Together, the four articles specify rights to privacy and freedom of
opinion and expression as well as the right to take part in a
community's cultural life. In practical terms, they may be
interpreted to mean that individuals have the right to circulate
information and opinions regardless of media formats and borders, to
gather together to form larger scale assemblages (such as TPB), to
carry out such activities in private (i.e. free from surveillance),
and to share in the benefits of technological developments (such as
the BitTorrent protocol and Internet based repertoires of
contention). It is concerning that to date little critical attention
has been given to the relation of intellectual property legislation
to international and national frameworks for human rights protection.
[58]

It is worth remembering that many consumers even before the Internet
already enjoyed copyright liberties including personal use. Listening
to music with friends and family has for instance gone on for as long
as records, cassettes and CDs have been around. Until recently in the
US, Litman observes, "Congress has consistently viewed copyright as
securing copyright owners' opportunities to exploit works without
invading individuals' liberties to enjoy works." [59] Similarly,
Boyle notes that legal rights granted to copyright holders have
always been limited. As he writes, "[o]ne cannot start from the
presumption that the rights holder has absolute rights over all
possible uses and therefore that any time a citizen makes use of the
work in any way, the rights holder is entitled to get paid or to
claim 'piracy' if he does not get paid." [60] It is perhaps with such
thoughts in mind that Peter Sunde makes the following remarks in an
interview with Thomas Mennecke (2008):

      They are abusing the fact that most people do not know their own
      rights. They do not respect the people in general so we have no
      respect for them. We think that the copyright needs to be
      changed to fit the current climate of usage and taken the
      distribution platform into respect. The opposite side thinks
      that they need to close the Internet down so they won't lose
      control. I won't say I have the best answer for how the
      copyright should work -- but a creative commons license is
      better than what we usually have today. But my personal opinion
      (that is not always the opinion of all of us behind the bay) is
      that copyright is not needed when it comes to personal use. [61]

Sunde contends that media firms are abusing consumer populations by
violating existing rights (for example, to privacy and participation
in cultural life) and personal use liberties. He supports an
initiative like Creative Commons licensing [62] because it allows for
a clear distinction to be made between free personal use and
restricted commercial use. The 821 comments TPB's New Year blog post
attracted demonstrate the extent to which its claims resonate within
the file-sharing community, with many of the individual comments
functioning as ratifications of TPB's agenda. [63]

In fact, many of the claims expressed in TPB's forums and blogs
articulate a 'politics' of file-sharing that is highly critical of
the anti-market strategies of media firms and the influence they
bring to bear on governments. Consider for instance, the following
two responses to TPB's New Year post:

      Even my primary school teacher did some file-sharing in the
      1950's. He was reading loud to us from books in the Saturday
      classes, without asking the authors. They called it 'enhancing
      culture.' I did not lock my ears and I did not feel like
      stealing anybody's work... They said that the movie industry
      would die when the TV came to our houses. It did not die. They
      said the same thing when the video came. The movie industry did
      not die. But people's general interest in music, movies and
      other cultural stuff has increased a lot with the Internet, and
      with file-sharing. The film and music industries gain a lot by
      this, they don't lose in the end. It is also more democratic...
      Write to your parliament members! I wrote to them all, and I got
      around ten answers so far... (Mashingo, Comment 568, TPB Blog)

      Best wishes for the New Year for the Pirate Bay and all
      file-sharers! As long as we have the desire to, the corporations
      and their pocket governments will never prevail. Our will
      outweighs theirs a thousandfold. (johnfade, Comment 278, TPB
      Blog) [64]

In comment 568, Mashingo makes a similar point to Sunde's regarding
non-commercial sharing, that even in the 1950s, such sharing was
already going on in an educational (non-commercial) context. Mashingo
also counters claims of 'damage' to the creative industries,
observing that the growth of interest in music, movies and culture
has if anything profited the media industries as a whole. Comment 278
presents a succinct portrayal of the prevailing power of media firms
in the expression "corporations and their pocket governments." Both
comment-makers recognize the role of governments in the economic
contention with which they are involved. While Mashingo exhorts other
members to write to parliament, johnfade expresses confidence in the
force of countervailing power actualized in TPB -- "our will
outweighs theirs a thousandfold."

The encounter between file-sharers and anti-market assemblages in the
Swedish court brings into sharp relief the political dimensions of
economic claims-making and contention. While clearly economic, the
claims expressed by both sides are also political because they
involve direct appeals to a government for certification. As Tilly
and Tarrow explain, certification is a mechanism in contentious
politics involving "an external authority's signal of its readiness
to recognize and support the existence and claims of a political
actor." [65] The TPB trial verdict effectively signaled the readiness
of the Swedish government to recognize and ratify at least some of
the claims of media firms and international trade groups. At the same
time, the trial also mobilized Swedish citizens to take part in
coordinated action, with a fledgling Pirate Party -- Piratpartiet --
growing its membership base by 20% within hours of the verdict's
announcement. [66] The verdict produced a groundswell of political
activity largely among young Swedes, giving Piratpartiet enough
members to win a seat in the European Union Parliament elections in
June 2009. TPB and Piratpartiet share many of the same supporters,
and express similar political and economic objectives. The election
of a Piratpartiet MEP (Member of the European Parliament) certifies
to some degree the claims and contention on the side of
countervailing power. What is significant is that such certification
is accomplished by 'short circuiting' the Swedish national
legislative framework in a transnational (EU) forum. Piratpartiet's
status as an official political party has allowed it to afford TPB a
degree of protection in recent times by hosting TPB on its own
servers when a German court temporarily shut down TPB's (German)
Internet service provider. [67] Piratpartiet has also extended the
same protection to Wikileaks, and now hosts its servers as part of a
stated commitment to increasing global transparency and
accountability. [68]


Transformations in the Online World Economy
-------------------------------------------

While the court verdict and the election of a Piratpartiet MEP are
clearly consequential victories for anti-market and file-sharing
assemblages respectively, the changes provoked by file-sharing extend
also into more creative approaches to media pricing and distribution
in the online world economy. Consider for example, the success of
Apple's iTunes business, whose sales (together with Apple's other
music related products) totaled US$832 million for the September 2008
financial quarter. [69] If a key countervailing claim on the part of
consumers concerns the high prices of media and the inflexibility of
distribution methods, Apple's response of dedicating iTunes
completely to digital distribution, enabling sales of single tracks
as well as entire albums and lowering prices appears to have gained a
measure of approval among consumer populations. In Sweden, market
transformations include new models of pricing and distribution for
music and films in the form of Spotify [70] and Voddler. [71] Spotify
is an online music streaming service that provides two tiers of
streaming and sharing access to a growing catalogue of digital music.
The free tier is advertising financed while the premium tier comes at
the cost of a flat-rate subscription fee. Voddler is an online movie
streaming service that offers free (advertising financed) and rental
(pay-per-view) films. Both services are entirely legal as a result of
financial agreements with copyright holders and creative producers.
Both are dedicated to digital distribution, offering media content at
lower prices than traditional retailers, along with free access
subsidized by advertising revenues to a limited membership.

Market transformations are not restricted to the relations between
media firms and consumer populations, but also include artists and
musicians, who have begun re-evaluating their relations to both media
firms (as middle agents) and consumers or fans, with an increasing
number of creative producers striking out independently to sell
direct to audiences. Thus Trent Reznor's Nine Inch Nails (NIN)
released part one of a four-part album 'Ghosts I-IV' to BitTorrent
sites for free. The text file distributed with the release states:

      Now that we're no longer constrained by a record label, we've
      decided to personally upload Ghosts I, the first of the four
      volumes, to various torrent sites, because we believe BitTorrent
      is a revolutionary digital distribution method, and we believe
      in finding ways to utilize new technologies instead of fighting
      them. [72]

For Ghost I, the band experimented with Creative Commons, designating
the content as free for non-commercial use. NIN's economic claims
diverge from those of prevailing anti-market actors, strategically
aligning itself with p2p file-sharing as a wave of countervailing
power. Reznor is not alone in his commercial experimentation. US band
OK Go left major label EMI in 2010 to form their own enterprise, and
now sell and promote music direct to consumers from their website.
[73] OK Go's departure followed on the heels of a decision by EMI and
Youtube earlier in the year to disable the embedding function for OK
Go music videos in Youtube as a means of copyright control. The
decision proved disastrous, leading instantly to a drop of 90% in
views of OK Go's 'viral' hit video 'Here It Goes Again.' As band
member Damian Kulash Jr. remarks, "Curbing the viral spread of videos
isn't benefiting the company's bottom line, or the music it's there
to support." [74]

If media firms have been vociferous in denouncing file-sharing,
artists and musicians themselves appear far less concerned about the
circulation of their works online. According to Madden's report for
the Pew Internet Project,

      Artists and musicians on all points of the spectrum from
      superstars to starving singers have embraced the Internet as a
      tool to improve how they make, market, and sell their creative
      works. They use the Internet to gain inspiration, build
      community with fans and fellow artists, and pursue new
      commercial activity.

      Artists and musicians believe that unauthorized peer-to-peer
      file-sharing of copyrighted works should be illegal. However,
      the vast majority do not see online file-sharing as a big threat
      to creative industries. Across the board, artists and musicians
      are more likely to say that the Internet has made it possible
      for them to make more money from their art than they are to say
      it has made it harder to protect their work from piracy or
      unlawful use. [75]

While many creative producers consider the sharing of their works
illegal, it is evident that most see this as a minor price to pay for
the benefits of the Internet and its new artistic and commercial
opportunities. The fact that a growing number of bands today are
*choosing* to release Creative Commons licensed music specifically
permitting noncommercial use, for example through the global music
licensing firm Beatpick, [76] suggests that at least some creative
producers are developing more nuanced understandings of copyright
distinguishing between commercial and noncommercial use. Here their
claims coincide with those expressed by file-sharers regarding
copyright liberties. What is more important is that the exercise of
countervailing power appears to have stimulated economic change and
growth that creative producers are "pursuing new commercial activity"
alongside attentive firms such as Apple, Spotify and Voddler, and
innovations in licensing such as Creative Commons. In other words,
the political-economic claims-making of populations of small-scale
consumers turns out to be highly consequential.

Regarding the claims of media oligopolies that file-sharing is
financially damaging to the creative industries, research from
Tanaka, [77] Oberholzer-Gee and Strumpf, [78] Andersen and Frenz [79]
and Smith and Telang [80] fails to find any relation between
file-sharing and changes in sales. On the contrary, it appears that
creative production has actually increased, and that the markets for
music and film have expanded to include complementary products and
services. According to Oberholzer-Gee and Strumpf, "[s]ince 2000, the
annual release of new music albums has more than doubled, and
worldwide feature film production is up by more than 30% since 2003."
[81] In the same study, they also find that "income from the sale of
complements can more than compensate artists for any harm that
file-sharing might do to their primary activity," [82] making it
imperative to consider media markets in the full complexity of
products and services, and not in terms of a single product market
such as CD or DVD sales. The example of TPB and file-sharing
demonstrates the effectiveness of countervailing power as a mechanism
counterbalancing concentrations of market power and stimulating
economic change. What is remarkable about the countervailing power
actualized in TPB is its evolution into a viable political party;
that the pirate assemblage swept into the European Parliament with
significant political support. Pirate political parties have also
emerged in numerous other world-economies including Australia,
Canada, Argentina, UK, France, Spain, Austria, Finland, Denmark,
Belgium, and the Netherlands, suggesting that the desire for change
in prevailing political and economic structures and relations
involving media and copyright is widespread.


State Organized Crime and the Copyright Racket
----------------------------------------------

      If protection rackets represent organized crime at its
      smoothest, then war risking and state making -- quintessential
      protection rackets with the advantage of legitimacy -- qualify
      as our largest examples of organized crime.

      -- Charles Tilly [83]

Escalating attempts by national governments to regulate and constrain
the 'free' sharing of files online raise numerous problems. Firstly,
such tendencies run into conflicts with international frameworks such
as the UDHR and the International Covenant on Economic Social and
Cultural Rights (ICESCR) as well as related constitutional
protections, at least in the US and Sweden, contravening rights to
privacy, free circulation of opinions and expressions, and
participation in cultural life. Secondly, the question emerges as to
the proper role of a democratic government in certifying the
prevailing claims of a handful of corporate actors *against* the
claims of millions of file-sharing citizens. Since file-sharing has
not demonstrably discouraged the creation of new works, nor led to
significant damage to the creative industries, but on the contrary
stimulated increased creative production and an expansion of markets,
it would seem that the claims of loss and damage from oligopolies
represented by the likes of the RIAA, MPAA and IFPI are largely
without foundation. Patry, in fact, dismisses such claims outright,
arguing that "[t]he Copyright Wars must be understood as archetypal
responses of businesses that are inherently non-innovative and that
rely on the innovation of others to succeed." [84] Besides, as
Oberholzer-Gee and Strumpf point out, the institution of copyright
protection "was conceived not as a welfare program for authors but to
encourage the creation of new works" and thus to "raise social
welfare." [85] In other words, copyright protection does not exist as
a mechanism for the unchecked profit-making or profiteering of
creative producers or their oligopolistic representatives, but rather
as a stimulus for the overall welfare or benefit of a society. [86]

In a way, the Swedish government siding with the claims of a largely
American oligopoly is not surprising. Sweden is, after all, a 'client
state' of the US in terms of the global protection or 'security'
services offered by the American government. [87] In the case of
online file-sharing, it appears that both Swedish and American
governments have recently taken on media firms as 'clients,' the
former at the behest of the latter. By certifying the claims and
contention of media firms in the Stockholm District Court, and
earlier instigating a police raid on TPB at the request of "American
authorities," [88] the Swedish state clearly functions to *protect
its clients* by eliminating/neutralizing enemies, who in this case,
happen to be its own citizens and constituencies. For its citizens,
the price for the protection of the Swedish government is conformism
with the copyright status quo. Such protection is withdrawn in the
case of TPB organizers, and potentially all file-sharers, and
replaced with violence and the threat of violence, including physical
violence in the form of police raids, confiscations of servers and
incarceration, as well as 'immaterial' violence in the violation of
interests and desires. Protection rackets such as this have a long
history, and may quite reasonably be considered a kind of 'organized
crime.' At least, this is Charles Tilly's contention in a 1985
article entitled "War Making and State Making as Organized Crime."
[89]

Tilly's analysis of Europe's extended political history shows state
making itself to be analogous to organized crime, particularly in its
reliance on the use or threat of force. As he writes, "coercive
exploitation played a large part in the creation of the European
states." [90] The *copyright racket* in this case exists "to the
extent that the threats against which a given government protects its
citizens are imaginary or are consequences of its own activities,"
[91] and benefits an already powerful media oligopoly's
profitability. Even though this protection racket is considerably
more complex than Tilly's historical cases (because of its globalized
nature), its reliance on coercive exploitation remains central to its
success. Given the common legal status of corporations as
individuals, often with similar rights and responsibilities as
individual citizens, it is disquieting that corporate individuals are
capable of exerting a disproportionate force in their appeals to
governments for certification of claims and contention. While the
rights of corporate individuals are rigorously upheld, their
*responsibilities* appear to have been entirely overlooked or
forgotten. If individual citizens may be prosecuted for human rights
violations, should not a state also hold corporate individuals
responsible for such violations when they, for example, infringe on
privacy rights by tracking file-sharers, or when the RIAA erodes the
integrity of personal and public spaces by suing file sharers for
what amounts to their exercising of personal use liberties and
freedoms of expression and assembly? Should it not be a duty of any
democratic state to uphold the rights of its publics, the copyright
liberties of citizens, as well as their rights to privacy, freedom of
opinion and expression and participation in a community's cultural
life?

Tilly also points out, however, that popular resistance in the long
run (in Europe) has been effective in securing formal constraints on
the exercise of state power: "When ordinary people resisted
vigorously, authorities made concessions: guarantees of rights,
representative institutions, courts of appeal." [92] This suggests an
important role for the vigorous resistance produced by TPB and allied
assemblages such as Piratpartiet; such forms of popular resistance
are a means by which concessions are extracted and new relational
terms are negotiated in relation to anti-market actors and states. As
we have seen, a key advantage offered by Internetworked repertoires
of contention to file-sharers (and to other contentious groups)
consists in their globalization of political-economic claims-making.
Such repertoires of contention make possible the emergence of
'autonomous zones,' [93] 'strategic sovereigns' [94] whose
distributions exceed geopolitical borders, and whose desires refuse
the collusion of governments with capitalist actors in the world
economy. If the example of contentious politics in Sweden is anything
to go by, the rise of strategic sovereigns suggests that online world
economies are likely to experience increasing institutional crises
and transnational tensions. While autonomous or sovereign assemblages
are clearly deterritorializing for states, in many cases eroding
their official identities, they also make room for the voices and
faces of other political and economic actors, including networks of
small-scale entities organizing to make consequential claims in
relation to governments and anti-markets.

Using Tilly's democracy theory, [95] the collusion of states with
corporations against the interests of citizens and constituencies may
in fact be characterized in terms of *de-democratization*. For Tilly,
democratic political organization depends on four intermeshing
components: *breadth, equality, protection and mutually binding
consultation*. Thus a world-economy is democratic "to the degree that
political relations between the state and its citizens feature broad,
equal, protected and mutually binding consultation." [96] In this
framework, breadth refers to the extent to which the multiple
constituencies of a world-economy are included or excluded from
political life. Equality refers to the extent to which a broad range
of individuals and constituencies are afforded the rights and
responsibilities of a world-economy. Protection refers to the
existence of concrete measures safeguarding the integrity of personal
and collective territories in both private and public spaces.
Finally, mutually binding consultation refers to the consequentiality
of the expressions of political claims and contention by a
world-economy's citizens and constituencies. Together the four
components combine to produce world-economies with different 'degrees
of democracy,' with a high degree corresponding to the presence of
all four components and a low degree corresponding to the absence or
erosion of one or more of the four components. *Democratization*
involves social processes that increase a regime's degree of
democracy, whereas *de-democratization* involves social processes
that decrease a regime's degree of democracy.

In the contentious politics of file-sharing portrayed so far, the
collusion of the Swedish and US governments with an American media
oligopoly is de-democratizing because it decreases equality and
erodes protection. Apartheid South Africa and the pre-civil rights US
were unequal (and therefore undemocratic) because their respective
governments accorded the claims-making of one constituency greater
importance than that of another on the basis of race. Similarly in
the case of file-sharing, governments have consistently given far
greater weight to the interests and claims of a small group of media
firms (which for all intents and purposes are to be considered as
'individuals') than to the interests and claims of millions of
citizens, thus significantly decreasing equality in the American and
Swedish world-economies. As for protection, both the Swedish and US
governments are parties to the UDHR, and for that matter have a host
of civil protections built into their constitutions (e.g. the Bill of
Rights in the US). Sweden additionally is party to the European
Convention on Human Rights. In ignoring such protections won by
populations through multiple cycles of contention over the long
duration, both governments place into jeopardy the integrity of
personal and public territories. They also contribute to the
de-democratization of Sweden and the US. What is ultimately at stake
in any wave of de-democratization is a reduction in the capacity or
power of citizens and constituencies to express collective claims and
contention consequentially, most notably in actual social spaces or
publics. Frequently, de-democratization also damages public
perception of a state's legitimacy. It is in such circumstances that
virtual repertoires of contention have proven useful in enabling
individuals to over-ride de-democratizing trends in their pursuit of
desired ends.

In all likelihood, copyright battles will persist as issues of
political-economic contention in the foreseeable future. It is
probable too that the current Anti-Counterfeiting Trade Agreement
(ACTA) negotiations, more or less confined to a select group of
governments and their agencies, will intensify copyright contention
across the online world economy. ACTA negotiations began in 2007,
initially involving the US, the EU, Switzerland and Japan, and
subsequently expanding to include Australia, the Republic of Korea,
New Zealand, Mexico, Jordan, Morocco, Singapore, the United Arab
Emirates and Canada, in developing an international intellectual
property enforcement system. [97] Ostensibly concerned with the
counterfeiting of physical goods, ACTA "will have a far broader
scope, and... will deal with new tools targeting 'Internet
distribution and information technology,'" [98] meaning that it will
also cover digital goods. As it is, ACTA negotiations have already
come under fire from privacy and civil liberties organizations for
excluding the public (and for that matter, the governments and
publics of developing countries). A number of countries (South Korea,
France and Taiwan) have already introduced legislation requiring
Internet service providers (ISPs) to trace, monitor, report and
disconnect users for file-sharing. [99] Whatever the outcomes, *the
objective of this article is not to predict the future or to solve
all the problems involved in the file-sharing of copyrighted media,
but rather to problematize the concept of piracy, and to portray the
affordances of virtual repertoires of contention and countervailing
power for a specific community of small-scale economic actors*. The
theoretical framework provided in the preceding pages offers a way to
think about the political-economy of networked media in terms of the
specific claims and contention of different assemblages as they
relate to the concentration and diffusion of power in online
world-economies.

If world-economies are genuinely interested in raising social welfare
while stimulating the creation of new works, [100] it would seem
useful to deal with the problem of state organized crime and its
associated de-democratization, and to take up the creative task of
jurisprudence [101] by inventing explicit specifications for personal
and fair use rights and interpreting the provisions of international
frameworks to clearly establish the scope of human rights in relation
to national and international intellectual property laws. In the case
of file-sharing, this would entail creating jurisprudences where it
will no longer be possible for copyright holders to invade the
privacy of individuals or constrain their capacities to participate
fully in cultural life. Concerning the last point, Lea Shaver and
Caterina Sganga observe that while some scholars have recently
started advocating for the protection of individual freedoms to the
creation and sharing of cultural works, few have actually located the
arguments in terms of international human rights. [102] Interpreting
and inventing the rights granted by international frameworks such as
the UDHR and ICESCR is critical as such interpretations "will have a
strong impact on the future development of legal norms," including
those concerning the scope and limitation of intellectual property
rights. [103] It would also be useful for world-economies to consider
case by case, the judicious support of (or at least non-intervention
in) the mechanism of countervailing power. Countervailing power may
well turn out to be more effective than the favored route of
anti-trust legislation in neutralizing anti-competitive and
anti-social concentrations of market power. In the rapidly unfolding
history of file-sharing, it has thus far proven both equal to the
task, and productive of market changes and expansions.


Notes
-------------------

[1] Lee Rainie, Susannah Fox, and Amanda Lenhart, "13 million
Americans 'freeload' music on the Internet; 1 billion free music
files now sit on Napster users' computers," _Pew Internet & American
Life Project_ (2000).

[2] Mary Madden and Amanda Lenhart, "Music Downloading, File-Sharing
and Copyright," _Pew Internet & American Life Project_ (2003): 1.

[3] Mary Madden, "The state of music online: Ten years after
Napster," _Pew Internet & American Life Project_ (2009): 9.

[4] Olle Findahl, "The Internet in Sweden," _World Internet
Institute_ (2008).

[5] "Tre miljoner i Sverige fildelar illegalt," _Svenska Dagbladet_,
October 12, 2009,
http://www.svd.se/naringsliv/it/tre-miljoner-i-sverige-fildelar-
illegalt_3637965.svd

[6] Felix Oberholzer-Gee and Koleman Strumpf, "File-Sharing and
Copyright" (paper presented at the Vienna Music Business Research
Days Conference, Vienna, Austria, June 9-10, 2010).

[7] Charles Tilly and Sidney Tarrow, _Contentious Politics_ (Boulder,
Colorado: Paradigm Publishers, 2007), 4.

[8] Madden and Lenhart, 2.

[9] This article uses Manuel DeLanda's concept of assemblages as open
social wholes existing in nested sets spanning various levels of
spatio-temporal scale. Manuel DeLanda, _A New Philosophy of Society:
Assemblage theory and social complexity_ (London: Continuum, 2006).

[10] https://www.ipredator.se/

[11] Oligopolies are an organizational form in which a market or
industry is dominated by a small number of sellers. They are
characterized by the tendency to use "managed prices, routinized
labor, hierarchical structure, (and) vertical integration." Manuel
DeLanda, "1000 Years of War: Interview with Manuel DeLanda,"
_CTheory_ (2003), http://www.ctheory.net/articles.aspx?id=383.

[12] Jonas Andersson, "For the Good of the Net: The Pirate Bay as a
strategic sovereign," Culture Machine 10 (2009): 74-5.

[13] William Patry, _Moral Panics and the Copyright Wars_ (Oxford:
Oxford University Press, 2009), 92-3.

[14] "When someone takes your car, they have the car and you do not.
When, because of some new technology, someone is able to get access
to the MP3 file of your new song, they have the file and so do you."
James Boyle, _The Public Domain: Enclosing the commons of the mind_
(New Haven and London: Yale University Press, 2008), 63.

[15] Jessica Litman, "Lawful personal use," _Texas Law Review_, 85
(2007): 1911.

[16] Ibid, 1908.

[17] Oberholzer-Gee and Strumpf.

[18] Jessica Litman, "Real copyright reform," _Iowa Law Review_, 96
(2010).

[19] Charles Tilly, _Stories, Identities, and Political Change_
(Lanham, MD: Rowman and Littlefield, 2002), 12.

[20] Tilly and Tarrow.

[21] Ibid.

[22] Ibid.

[23] "The Pirate Bay enters list of 100 most popular websites,"
~Torrentfreak Blog~, posted May 18, 2008,
http://torrentfreak.com/the-pirate-bay-100-popular-080518/

[24] http://www.piratbyran.org/

[25] http://www.antipiratbyran.se/

[26] http://www.vuze.com/

[27] The Pirate Bay, "World's most resilient tracker," ~The Pirate
Bay Blog~, posted November 17, 2009, http://thepiratebay.org/blog/175

[28] Tilly and Tarrow, 216.

[29] The concept of swarms derives from biology and entomology, and
has been usefully discussed by Galloway and Thacker in relation to
contemporary networks. For them, swarming is a social logic by means
of which local interactions produce complex collective organizations
that are simultaneously "amorphous and coordinated." Alexander R.
Galloway and Eugene Thacker, _The Exploit: A theory of networks_
(Minneapolis, MN: University of Minnesota Press, 2007), 67-8.

See also Eugene Thacker "Networks, Swarms, and Multitudes," Part One
and Two, _CTheory_ http://www.ctheory.net/articles.aspx?id=422

[30] John Kenneth Galbraith, _American Capitalism: The concept of
countervailing power_ (White Plains, New York: M.E. Sharpe
Incorporated, 1980).

[31] Fernand Braudel, _Afterthoughts on Material Civilization and
Capitalism_ (Baltimore: Johns Hopkins University Press, 1977), 62.

[32] Ibid, 50.

[33] Ibid, 51.

[34] Ibid, 53.

[35] The two trump cards enabled capitalist actors to move beyond
national boundaries and to globalize themselves well in advance of
the Internetworked globalization of world-economies. As Braudel
explains, "[a]t an early date, from the very beginning, they went
beyond 'national' boundaries and were in touch with merchants in
foreign commercial centers. These men knew a thousand ways of rigging
the odds in their favor: the manipulation of credit and the
profitable game of good money for bad... Who could doubt that these
capitalists had monopolies at their disposal or that they simply had
the power needed to eliminate competition nine times out of ten?"
Ibid, 57.

[36] Manuel DeLanda, "1000 Years of War."

[37] Galbraith, 110.

[38] Ibid, 111-2.

[39] Galbraith himself uses the expression "self-generating force."
Ibid, 13.

[40] Of these extreme conditions, Galbraith observes, "not often has
the power of one man over another been used more callously than in
the American labor market after the rise of the large corporation."
Ibid, 114.

[41] http://wakeupwalmart.com/

[42] http://www.consumercal.org/

[43] http://www.piratpartiet.se/

[44] Litman, "Lawful personal use."

[45] "About," The Pirate Bay, http://thepiratebay.org/about

[46] Andersson, 74-5.

[47] Kammaråklagare Håkan Roswall, "Ansökan om stämning, Ärende
109-155-06," _Åklagarmyndigheten_ (2008).

[48] Caroline Hindmarsch, "Mål nr T7540-09 och T11712-09,"
_Stockholms Tingsrätt Avdelning 5_ (2009).

[49] David Kravets, "Pirate Bay says it can't be sunk, servers
scattered worldwide," ~Wired Blog~, posted February 1, 2008,
http://blog.wired.com/27bstroke6/2008/02/the-pirate-bay.html.

[50] Eric Pfanner, "Swedes charge 4 in case involving copyright
infringement of music and films," ~International Herald Tribune~,
January 31, 2008,
http://www.iht.com/articles/2008/01/31/business/pirate.php.

[51] John Kennedy, Alison Wenham, Jonas Modig, Ana Maria Cabanellas,
Kjell-Ake Hamren, Helen Smith and Kim Magnusson, "Pirate Bay should
have no place in Sweden or the European Union," letter to the Swedish
Minister for Communications, November 7, 2007,
http://www3.piratpartiet.se/PirateBay-1.pdf.

[52] Supr Bay, http://forum.suprbay.org/

[53] ~The Pirate Bay Blog~, http://thepiratebay.org/blog

[54] "Happy New Year!" ~The Pirate Bay Blog~, posted December 31,
2008, http://thepiratebay.org/blog/142/.

[55] Patry takes the view that the copyright piracy campaign has
little legitimacy, especially given long-standing provisions for
non-commercial use. He goes so far as to argue that the problems of
digital copyright should be attributed not to new technologies or
users but rather to the failure of the content industries to focus on
meeting the desires of consumers. Patry, 198-9.

[56] Lawrence Lessig, _Remix: Making art and commerce thrive in the
hybrid economy_ (London: Bloomsbury Academic, 2008).

[57] "History," ~Universal Declaration of Human Rights~,
http://www.udhr.org/history/default.htm.

[58] An exception to this is the work of Boyle, which argues for
example, that the Digital Millennium Copyright Act (DMCA) violates
First Amendment rights (part of the US Bill of Rights): "when, with
respect to any work, it gives me an intellectual property right to
prohibit copying and distribution of an expressive work sold in the
marketplace and an additional legal power to opt out of the
limitations contained in Section 107 over that work." Boyle, 106.
Boyle's emphasis however, is restricted to a national rights
framework. Another notable exception with an international emphasis
is a recent article by Lea Shaver and Caterina Sganga, which argues
that the right to participate in cultural life granted by the
International Covenant on Economic Social and Cultural Rights (to
which 160 countries are party) "should be understood in terms of the
ability to access, enjoy, engage, and extend upon a common cultural
inheritance" and furthermore, "that realizing this right will require
significant reforms in international property law." Lea Shaver and
Caterina Sganga, "The right to take part in cultural life: On
copyright and human rights," _Wisconsin International Law Journal_,
27 (2009): 637.

[59] Litman, "Lawful personal use," (2007): 1907.

[60] Boyle, 66.

[61] Thomas Mennecke and Peter Sunde, "The Pirate Bay interview,"
_Slyck News_, January 16, 2008,
http://www.slyck.com/story1638_The_Pirate_Bay_Interview

[62] Creative Commons is a project initiated by Lawrence Lessig,
providing free licenses that allow content creators to grant various
permissions and specify conditions to others to use their works. The
advantage of Creative Commons is that it allows content creators to
be very precise about the kind of use (commercial or noncommercial)
allowed and attribution required. It is nevertheless still an
intervention *within* the copyright framework, whereas it may be the
case that the framework itself requires a serious overhaul, as Litman
suggests. Litman, "Real copyright reform."

[63] Admittedly, 821 comments is a relatively small number given that
TPB users number in the millions. It is, however, a large number if
one considers that many other blog posts attracted comments in the
tens and not hundreds. Additionally, ratifications of TPB's agenda
are of course not limited to comments, but are also evidenced by the
continuation of p2p file sharing by users.

[64] "Happy New Year!" ~The Pirate Bay Blog~.

[65] Tilly and Tarrow, 215.

[66] "Pirate Party membership surges following Pirate Bay verdict,"
~Torrentfreak Blog~, posted April 17, 2009,
http://torrentfreak.com/pirate-party-membership-surges-following-
pirate-bay-verdict-090417/.

[67] Nate Anderson, "Pirate Party hosting Pirate Bay in pro-P2P
political gesture," _ArsTechnica_, posted May, 2010,
http://arstechnica.com/tech-policy/news/2010/05/pirate-party-hosting-
pirate-bay-in-pro-p2p-political-gesture.ars.

[68] "Pirate Party strikes hosting deal with Wikileaks,"
~Torrentfreak~, posted August 17, 2010,
http://torrentfreak.com/pirate-party-strikes-hosting-deal-with-
wikileaks-100817/.

[69] Danny King, "Apple iTunes sales drive Q4 profit," _Video
Business_ 28, no. 43 (2008): 6.

[70] http://www.spotify.com/se/

[71] http://www.voddler.com/

[72] Josh Catone, "Nine Inch Nails releases album via bit-torrent,"
_ReadWriteWeb_, posted March 3, 2008,
http://www.readwriteweb.com/archives/
nine_inch_nails_releases_album_on_bittorrent.php.

[73] "Onwards and Upwards," ~OKGo.net~, posted March 10, 2010,
http://www.okgo.net/2010/03/10/onwards-and-upwards/.

[74] Damian Kulash, "Whosetube?" _New York Times Op-Ed_, February 19,
2010, http://www.nytimes.com/2010/02/20/opinion/20kulash.html.

[75] Mary Madden, "Artists, Musicians and the Internet," _Pew
Internet & American Life Project_ (2004): ii.

[76] http://www.beatpick.com/

[77] Tatsuo Tanaka, "Does File-sharing Reduce CD sales?: A Case of
Japan," (paper presented at the Conference on IT Innovation, Tokyo,
Japan, December 13-14, 2004).

[78] Felix Oberholzer-Gee and Koleman Strumpf, "The Effect of
File-sharing on Record Sales: An Empirical Analysis," _Journal of
Political Economy_ 115, no. 1 (2007): 1-42.

[79] Birgitte Andersen and Marion Frenz, "The Impact of Music
Downloads and P2P File-Sharing on the Purchase of Music: A Study for
Industry Canada," _Industry Canada_ (2007).

[80] Michael D. Smith and Rahul Telang, "Competing With Free: The
Impact of Movie Broadcasts on DVD Sales and Internet Piracy," _MIS
Quarterly_ 33, no. 2 (2009): 321-338.

[81] Oberholzer-Gee and Strumpf, "File-Sharing and Copyright."

[82] Ibid.

[83] Charles Tilly, "War making and state making as organized crime,"
in _Bringing the State Back In_, ed. Peter B. Evans, Dietrich
Rueschemeyer and Theda Skocpol (Cambridge: Cambridge University
Press, 1985), 169.

[84] Patry, 198.

[85] Oberholzer-Gee and Strumpf, "File-Sharing and Copyright."

[86] Patry points out that in the US, the constitutional basis of
copyright is "rooted in the objective of promoting learning." Patry,
61. Boyle puts it very clearly when he writes, "Copyright is not an
end in itself. It has a goal: to promote the progress of cultural and
scientific creativity." Boyle, 137-8.

[87] According to Immanuel Wallerstein, the Yalta Accord was "an
agreement on the status quo in which the Soviet Union controlled
about one third of the world and the United States the rest," formed
in 1945 at a meeting between Roosevelt, Churchill and Stalin.
Immanuel Wallerstein, "The Eagle has Crash Landed," _Foreign Policy_
131 (2002): 62. The dissolution of the Soviet Union resulted in
American hegemonic succession, meaning that many of the terms of
international relations, including the ongoing wars against
'terrorism,' drugs and copyright infringement, have largely been set
or heavily influenced by US interests in recent decades. States such
as Sweden are 'clients' of military superpowers such as the US
insofar as they depend to some extent on the US for the supposed
maintenance of global 'security.'

[88] "USA's regering bakom sajtstängning," _Sveriges Television_,
June 1, 2006,
http://svt.se/svt/jsp/Crosslink.jsp?d=22620&a=602079&lid=puff_401860&
lpos=rubrik.

[89] Tilly, "War making and state making as organized crime."

[90] Ibid, 169.

[91] Ibid, 171.

[92] Ibid, 183.

[93] Hakim Bey, _T.A.Z. The Temporary Autonomous Zone, Ontological
Anarchy, Poetic Terrorism_ (New York: Autonomedia, 1985).

[94] Andersson.

[95] Charles Tilly, _Democracy_, (New York: Cambridge University
Press, 2007).

[96] Ibid, 13-14.

[97] "Anti-Counterfeiting Trade Agreement," _Electronic Frontier
Foundation_, http://www.eff.org/issues/acta.

[98] Ibid.

[99] Gwen Hinze, "Preliminary analysis of the officially released
ACTA text," ~Electronic Frontier Foundation Deeplinks Blog~, posted
April 22, 2010,
http://www.eff.org/deeplinks/2010/04/eff-analysis-officially-released
-acta-text.

[100] While the existing copyright system certainly did and does
produce new work, it still remains that, historically, copyright was
never as expansive in scope or duration as in the present time. The
problem today is that copyright 'expansions' come at significant
costs for the public, and may well hinder rather than foster
innovation and stifle thriving Internet based participatory cultures.
This at least is the basis for James Boyle's arguments against the
enclosure of the digital public domain. Boyle.

[101] For the philosopher Gilles Deleuze, jurisprudence involves the
'creation' of rights, and is associated with the commitments of
'being on the left.' Gilles Deleuze and Claire Parnet, "L'Abécédaire
de Gilles Deleuze," directed by Pierre-André Boutang (Paris: Vidéo
Editions Montparnasse, 1996), video.

[102] Shaver and Sganga, 638.

[103] Ibid, 639.

----------------

Dr. Leon Tan is an art historian specializing in social theory,
aesthetics and the political economy of networked art and media, as
well as a psychotherapist with an online private practice. He
lectured in art history and psychotherapy in New Zealand before
relocating to Sweden in 2009.

_____

Posted by biginla at 2:07 AM GMT
Thursday, 25 November 2010
Letter from Barack Obama
Topic: obama, biodun iginla, bbc news
Biodun --

When Michelle and I sit down with our family to give thanks today, I want you to know that we'll be especially grateful for folks like you.

Everything we have been able to accomplish in the last two years was possible because you have been willing to work for it and organize for it.

And every time we face a setback, or when progress doesn't happen as quickly as we would like, we know that you'll be right there with us, ready to fight another day.

So I want to thank you -- for everything.

I also hope you'll join me in taking a moment to remember that the freedoms and security we enjoy as Americans are protected by the brave men and women of the United States Armed Forces. These patriots are willing to lay down their lives in our defense, and each of us owes them and their families a debt of gratitude.

Have a wonderful day, and God bless.

Barack

Posted by biginla at 10:33 PM GMT
Suspected Mexican drug leader arrested
Topic: mexican drug cartels, enrique kr

by Enrique Krause for the BBC's Biodun Iginla


Published: Nov. 25, 2010 at 8:57 AM

MEXICO CITY, Nov. 25  -- The suspected new leader of a troubled Mexican drug cartel has been arrested in Mexico City, federal police said.

Carlos Montemayor, 38, was arrested Tuesday night in an upscale part of the city, anti-drug squad leader Ramon Eduardo Pequeno told a news conference.

His arrest was aided by intelligence from the U.S. Drug Enforcement Agency, The Los Angeles Times reported.

Montemayor is believed to be the leader of the Beltran Leyva gang, which has been significantly weakened in recent months by inter-gang beheadings and shootings, internal disputes and arrests, the newspaper said.

Police believe Montemayor took over the gang's leadership in August when former leader Edgar Valdez Villarreal, a U.S. citizen, was arrested. He is Montemayor's father-in-law, the report said.

Since his arrest Tuesday, police said Montemayor has told interrogators breakaway members of his gang were responsible for the abduction and killing of 20 Mexican tourists in late September in Acapulco. He said it was a case of mistaken identity and the gunmen suspected the group of being members of the rival La Familia drug cartel.

The bodies of the abducted men were later found in a mass grave.



Posted by biginla at 10:11 PM GMT
How to live with climate change
Topic: climate change, un, bbc news, bi

Climate change

by Biodun Iginla, BBC News and The Economist

It won’t be stopped, but its effects can be made less bad

COMPARED with the extraordinary fanfare before the global-warming summit in Copenhagen a year ago, the meeting of the United Nations Framework Convention on Climate Change that starts in Cancún next week has gone unheralded. That is partly because of a widespread belief that the publicity build-up to last year’s summit contributed to its failure, but also because expectations have changed dramatically. In the wake of the Copenhagen summit, there is a growing acceptance that the effort to avert serious climate change has run out of steam.

Perhaps, after a period of respite and a few climatic disasters, it will get going again. It certainly should. But even if it does, the world is going to go on getting warmer for some time (see article).

Acceptance, however, does not mean inaction. Since the beginning of time, creatures have adapted to changes in their environment. Unfortunately, such adaptation has always meant large numbers of deaths. Evolution works that way. But humankind is luckier than most species. It has the advantage of being able to think ahead, and to prepare for the changes to come. That’s what needs to happen now.


Russian summer

Even if the currently moderate pace of emissions reduction steps up, the likelihood is that the Earth will be at least 3°C warmer at the end of this century than it was at the start of the industrial revolution; less warming is possible, but so is more, and quicker. Heatwaves that now set records will become commonplace. Ecosystems will find themselves subject to climates far removed from those they evolved in, endangering many species. Rain will fall harder in the places where it falls today, increasing flooding; but in places already prone to drought things will by and large get drier, sometimes to the point of desertification. Ice will vanish from Arctic summers and some mountaintops, permafrost will become impermanent, sea levels will keep rising.

These changes will benefit some. As the melting ice allows access to the Arctic, Russia will become richer still in fossil fuels. For many, though, the prospects are grim. Drought and flood will put the livelihoods of hundreds of millions, mostly in developing countries, at risk. So the question is how to limit those risks.

Those who can adapt will do so mostly through private decisions: by moving house, say, or planting different crops. But governments have a role too.

The best protection against global warming is global prosperity. Wealthier, healthier people are better able to deal with higher food prices, or invest in new farming techniques, or move to another city or country, than poor ones are. Richer economies rely less on agriculture, which is vulnerable to climatic change, and more on industry and services, which by and large are not. Richer people tend to work in air-conditioned buildings. Poor ones tend not to.

But development is hardly an easy solution to the problem. There are already plenty of good reasons for poor-country governments to put sensible economic policies in place, stop stealing money and do the manifold other things necessary to get their economies on the right track; and if they haven’t done those things already, the threat of climate change will not spur them into action. Climate change does, however, provide an extra reason for rich countries—which caused the problem in the first place—to find ways to help poor countries develop. That is a matter of justice, not just humanity.

There is another problem with relying on development: although it can help protect poor countries from climate change, it also threatens to make the problem worse, because as economies grow, they consume more and more energy. Here again, rich countries can help, by offering poor countries support for greener energy technologies, and thus allowing them to make use of their capacity for generating renewable energy from water, wind and sunlight.

Beyond encouraging climate-friendly development, governments need to take some focused measures in three areas: infrastructure, migration and food. The Dutch, who have centuries of experience of protecting themselves against high water, are already working out how to adapt and build infrastructure to minimise the risks of flooding as sea levels rise and the rain-fed Rhine grows friskier. Elsewhere, politicians need to assess the vulnerability of their cities to changes in peak temperatures, in rainfall, in severe-storm frequency and in sea level, and act accordingly.

As life gets harder in vulnerable places, people will need to migrate both between and within countries. Rich people can help make life easier for poor ones by allowing larger numbers across their borders. Within rich countries, governments should stop subsidising insurance in vulnerable areas—such as the Florida coastline—and thus stimulating development there. People need to be encouraged to migrate away from vulnerable areas, not into them.


Going with the grain

Food security will become a crucial issue. Drought-resistant seeds are needed; and, given that the farmers least able to pay will require the hardiest varieties, seed companies’ efforts should be supplemented by state-funded research. Since genetic modification would help with this, it would be handy if people abandoned their prejudice against it.

Even with better crops, better soil conservation, better planting patterns and better weather forecasts, all of which are needed, there will still be regional calamities. To ensure that food is always available, the global food market will have to be deeper and more resilient than it is now. That means abandoning the protectionism that bedevils agriculture today.

None of this will make climate change all right. It remains the craziest experiment mankind has ever conducted. Maybe in the long run it will be brought under control. For the foreseeable future, though, the mercury will continue to rise, and the human race must live with the problem as best it can.

 


Posted by biginla at 9:51 PM GMT

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