Does the entertainment industry have too much power?

In America a congressional staffer gets fired, and in Britain an indie music website gets blocked, all in the name of rent-seeking.

Vested interests have too much say in most areas of public policy, but only in some do they actually have direct control. Two stories today highlight the ridiculous amount of authority which governments all over the world have ceded to entertainment industries when it comes to creating and enforcing intellectual property law.

In the USA, a Republican congressional staffer called Derek Khanna wrote a memo titled "Three Myths About Copyright Law and Where To Start To Fix It" (mirrored here). It was a strong piece, arguing that it was untrue to claim that:

  1. The purpose of copyright is to compensate the creator of content;
  2. Copyright is free market capitalism at work; or
  3. The current copyright legal regime leads to the greatest innovation and productivity.

(The first is certainly mythical, at least in the US context, where the explicit reason for copyright is "to promote the progress of science and useful arts"; arguing against the second, he attempts to appeal to his fellow Republicans by repositioning copyright protection as a big-government-bestowed monopoly; and against the third – really, where the meat lies – he points out that current US copyright law is far more concerned with rent-seeking than encouraging creation of new works.)

Khanna's paper, while no more anti-copyright than a thousand silicon valley opinion columns, was retracted less than a day later, with the executive director of the Republican Study Committee – the organisation which published it – claiming it was:

Was published without adequate review [and failed to approach the topic] with all facts and viewpoints in hand.

That's not what the insider story is, though. Techdirt's Mike Masnick wrote:

The report had been fully vetted and reviewed by the RSC before it was released. However, as soon as it was published, the MPAA and RIAA apparently went ballistic and hit the phones hard, demanding that the RSC take down the report. They succeeded.

Yesterday, Khanna was fired. The Washington Examiner's Timothy P. Carney [explains]:

The reason, according to two Republicans within the RSC: angry objections from Rep. Marsha Blackburn, whose district abuts Nashville, Tenn. In winning a fifth term earlier in the month, Blackburn received more money from the music industry than any other Republican congressional candidate, according to the Center for Responsive Politics. Blackburn's office did not return calls seeking comment.

Again, it's worth pointing out that nothing Khanna said was new, or outrageous, and his paper was picked up approvingly by other liberatarian-minded conservatives like Virginia Postrel and Alex Tabarrok. His only mistake was writing it while working in a position where the complaints of the entertainment industry could get him fired.

Meanwhile, in the UK, our music industry has been taking an even more active role in the law, hand-picking which websites are allowed to publish. Music website the Promo Bay is a side project of file-sharing website the Pirate Bay which allows independent artists to upload their own songs to be shared freely. Not only is there no copyright infringement going on, there is actually a queue to be featured.

Nonetheless, the BPI – industry body of the British record industry – obtained a court order to block the Promo Bay, listing it as a domain:

Whose sole or predominant purpose is to enable or facilitate access to The Pirate Bay website.

That block which was only rescinded after a petition and complaint from the Open Rights Group.

It is clear that the Promo Bay was wrongly blocked – possibly by accident, possibly due to an overzealous claim by the BPI. What's less clear is why we should accept a situation where a single mistaken claim by an industry group can censor, without warning or appeal, a popular, useful, and legal site. After all, the New Statesman has linked to file-sharing sites – in an effort to get round the "Great Firewall of China". Should we be fearing a court order?

The Promo Bay logo.

Alex Hern is a technology reporter for the Guardian. He was formerly staff writer at the New Statesman. You should follow Alex on Twitter.

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Women's bodies should not be bargaining chips for the Tories and the DUP

Women in Northern Ireland have been told for too long that the Good Friday Agreement is too fragile to withstand debates about their reproductive rights

When Members of Parliament are asked to pass laws relating to when and whether women can terminate their pregnancies, women’s rights are rarely the focus of that decision-making process. You need only look at the way in which these votes are traditionally presented by party leaders and chief whips as “a matter of conscience” - the ultimate get-out for any MP who thinks their own value or belief system should get priority over women’s ability to have control over their bodies.

Today’s vote is no different. The excellent amendment that Labour MP Stella Creasy has put before the house reveals not just the inequalities experienced by women in different parts of the UK when it comes to being able to make decisions about their health, but also the latest layers of subterfuge and politicking around abortion. 

Creasy’s amendment seeks access to the NHS for women who travel to England and Wales from Northern Ireland seeking abortion. Right now women in Northern Ireland are pretty much denied abortion by legislative criteria that limits it to cases that will "preserve the life of the mother" - (that’s preserving, not prioritising) - and pregnancies under nine weeks and four days. Rape, incest or fatal foetal abnormality are not included as grounds for termination. The thousands of women who thus travel to England are refused free abortions on the NHS - confirmed by a recent Supreme Court ruling - on the grounds that this is a devolved matter for Northern Ireland. 

The idea behind devolution is that power should be more evenly and fairly distributed. It is not intended to deprive people of rights but to ensure rights. In refusing to exercise the powers available to him, Health secretary Jeremy Hunt is rightly acknowledging a difficult history of power imbalance between Westminster and Stormont, but he is also ignoring a wider imbalance of power, between men and women.  

There is so very much wrong with this arrangement. But a further wrong could be done if, as reports suggest, the Conservative Party whips its MPs to vote the amendment down in order to protect the regressive alliance with the anti-abortion Democratic Unionist Party (DUP) that is keeping their fragile minority government in power.

Instead of taking this opportunity to respond to the demands of women of Northern Ireland, this government is setting out the parameters of its complicity in refusing to listen to them. 

It is not the first time. In 2008 it was reported that the Labour party struck a deal with the DUP to leave Northern Ireland’s abortion laws intact, in exchange for their support over detaining terror suspects without charge for 42 days. Labour said at the time that it was concerned about the impact on existing UK abortion laws if the debate was opened.

But not one woman has equality until all women have equality. Women’s bodies are not chips to be bargained and we should not be bargaining for one group of women’s rights by surrendering the rights of another group. The UK parliament has responsibility for ensuring human rights in every part of the UK. Those include the rights of Northern Irish women.

It’s time to wake up. It’s time to stop playing politics with women’s lives. Women in Northern Ireland have been told for too long that the Good Friday Agreement is too fragile to withstand debates about their reproductive rights – a fragility that was dismissed by the Conservatives as they drew up a deal with one side of the power-sharing arrangement.

It’s time to confront the fact that nowhere in the United Kingdom – taking Northern Ireland as a starting point rather than an end in itself – do women enjoy free and legal access to abortion. Even the UK’s 1967 act is only a loophole that allows women to seek the approval of two doctors to circumvent an older law criminalising any woman who goes ahead with an abortion.

As long as our rights are subject to the approval of doctors, to technological developments, to decisions made in a parliament where men outnumber women by two to one, to public opinion polls, to peace agreements that prioritise one set of human rights over another – well, then they are not rights at all.

The Women’s Equality Party considers any attempt to curtail women’s reproductive rights an act of violence against them. This week in Northern Ireland we are meeting and listening to women’s organisations, led by our Belfast branch, to agree strategy for the first part of a much wider battle. It is time to write reproductive rights into the laws of every country. We have to be uncompromising in our demands for full rights and access to abortion in every part of the UK; for the choice of every woman to be realised.

Sophie Walker is leader of the Women's Equality Party.

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