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Samizdata, derived from Samizdat /n. - a system of clandestine publication of banned literature in the USSR [Russ.,= self-publishing house]

Anyone know how the new EU internet censorship & link tax law will affect the UK?

According to Lucian Armasu of Tom’s Hardware, in one week’s time I might no longer be able to link to Lucian Armasu of Tom’s Hardware and quote him like I’m about to do. Or have I misunderstood? I hope I have, because this sounds serious:

EU Expected To Pass Censorship Machines, Link Tax On June 20

As soon as June 20, next week, the European Parliament will vote a draft legislation proposed by the European Commission (EU’s executive body). Critics have attacked the proposal as being quite extreme because it could impact many digital industries too severely.

Censorship Machines (Article 13)

One of the biggest issues with the new EU copyright reform proposal is the Article 13, which mandates that websites that accept user content (anything from videos to online comments) must have an “upload filter” that would block all copyrighted content that’s uploaded by users. Critics, such as Member of the European Parliament (MEP) Julia Reda, have also called upload filters “censorship machines.”

Under the censorship machine proposal, companies would be required to get a license for any copyrighted content that is uploaded to their site by its users. In other words, websites would be liable for any content their users upload to the site. It goes without saying that this could significantly hamper innovation on the internet.

For instance, YouTube or a site like it, probably wouldn’t even exist today if the site would have been liable for what users uploaded from day one.

Link Tax (Article 11)

The “link tax” proposal in Article 11 of the copyright reform directive is another idea that’s not just seemingly bad, but it has also failed in countries such as Spain and Germany, where it has already been attempted. Instead of getting companies such as Google or other publishers to pay for the links, or article excerpts and previews, those companies simply stopped linking to content coming from Germany and Spain.

To make matters worse, the EC will allow EU member states to decide for themselves how the link tax should work. This seems contrary to the Commission’s “Digital Single Market” objective, because it will create significant complexity for all online publishers operating in the EU. They will have to abide by all the different copyright rules in the 27 member states. Existing fragmented copyright laws in the EU is one of the reasons why services such as Netflix took so long to arrive in most European countries, too.

Reda believes that a link tax would significantly reduce the number of hyperlinks we see on the web, which means websites will be much less connected to each other. Additionally, the link tax could boost fake news, because real publishers may require others to pay for linking to its content, but fake news operations evidently will not. These groups will want their content to be spread as easily as possible.

Reda also said that the link tax would be in violation of the Berne Convention, which guarantees news websites the right to quote articles and “press summaries.”

I have heard of Julia Reda MEP before. She sits with the Greens in the EU Parliament but don’t hold that against her; she is actually a member of the Pirate Party. She is fighting the good fight.

Samizdata quote of the day

If the Left could see themselves through the eyes of neoliberalism, they would see people whose motives might be laudable, but whose methodology is not. They are seen not only as economic illiterates, but as ones with no sense of history, no knowledge, or even concern, with what has happened before. They appear as people whose fixation with theory lifts them above the practicalities of the world as it is. Their proposals are just as impractical, error-strewn and doomed to failure as they were the last time they were tried. Human nature as it is, not as it might be, often thwarts their intent. It exists in the real world, where neoliberalism has its roots and works with the grain of human nature, not against it.

Madsen Pirie

Samizdata quote of the day

What is more, if I want to hold lectures or seminars on the topic of empire, I will do so privately, since I cannot be sure that my critics will behave civilly. On one occasion recently, I held a day-conference to discuss Bruce Gilley’s controversial article, “The Case for Colonialism,” and found myself having to use pseudonyms to hide the identities of some participants. One young scholar only attended on condition that his name nowhere appear on print, nor his face on any photograph, lest his senior colleagues find out and kill his career. What this shows is that the legal right to freedom of speech is not enough. What’s also needed are colleagues who are willing to conduct themselves according to informal norms of civility and responsible, rational exchange. Clearly some colleagues are not so willing. So the question is, will middle-managers in universities—faculty and college heads—do anything to uphold norms of civility against colleagues who trample over them, or will they abrogate their civic responsibility and off-load it onto the courts?

Nigel Biggar

The style is catching

(With grateful acknowledgement to the Continental Telegraph’s inspiring Aunt Agatha, whose insightful replies to the many problems of British establishment figures are a comic must-read.)

Dear Aunt Europa,
   we are retired British operatives who have been doing nicely over the last two years as the British end of an operation to help some American friends. Our job was to type up rumours about Mr Trump, and a couple of people briefly connected to his campaign, in the form of impressive-seeming intelligence reports that our US associates could convert into bugging authorisations and sinister-sounding leaks to the media.

At one time, this work brought us golden showers of payment and praise. Recently, however, our transatlantic buddies have soured on us. Apparently some of our inventions proved too baroque for the public’s credulity, and we were not discreet enough in our supportive leaking to US papers. Worse still, some of our friends now seem nervous that their conversations with us might themselves be bugged by leak investigators. So the payments and praise have both dried up.

Can you suggest another line of work for us (bearing in mind that it might not be prudent for any of us to visit the US just now).

      Yours as sincerely as we ever are,
            (You’ll forget our current aliases almost as
              soon as we will, so let’s just skip this bit)

Dear Retired British Operatives,
   it is always wise to play to your strengths, so I suggest you find a client on this side of the Atlantic who has the same eagerness for your existing skills and storyline. Long before Mr Trump said that his election night would be “Brexit plus plus”, a similar hatred of both on the part of a similar group of people over here was quite evident. There are many Remoaners on both sides of the channel who would instantly and fervently believe almost anything you typed up if you rejigged your reports to be about the Leave campaign. Although their list of wealthy backers was shorter than Remain’s, there is a reasonable chance that at least one of them has at least one investment with a Russian connection. And you might get lucky; maybe one of them has socialised with a Russian – or even married a Russian. To those with your experience, making this sound most sinister to Remoaner journalists and MPs should be child’s play.

I do suggest however that you avoid “golden showers” or similar inventions. I am astonished to learn that it is possible to lose credibility through underestimating the taste of the American public, but if that one proved too crude to be believed even over there then the British public (outside Remoaner circles) might not credit it either.

      Yours every bit as sincerely as you were being
            Aunt Europa

Samizdata quote of the day

Oxfam America, who presumably are concerned they may have to pay the going rate for white hookers if Trump’s ban on admitting starving teenage waifs from third-world disaster zones is upheld.

Tim Newman

The Prince of Prosperity and Secession

Here is a fascinating YT documentary on Liechtenstein, that remote Elysium high on the young Rhine, with a long interview with the Prince himself, starting just before 6 minutes in, and running mostly to the end, in all 38 minutes. Some fascinating commentary from him on his policies and his country’s history, including the slightly farcical Nazi ‘March on Vaduz’ of 1938. Having started as a ‘rotten borough’ in the Holy Roman Empire, the first Prince to live there moved in as late as 1938. He is a fan of being in the EEA, unlike the Swiss, but he got it through via direct democracy. Every village has the right to leave the nation. He found inspiration for local democracy from Switzerland and the United States (at the State level one can infer).

They have a system where 11 municipalities (villages) engage in tax and regulatory competition with each other. He says that he is trying to make government work. (He’s not done badly). He wants them to deliver services with low cost and therefore low taxation.

Are you listening Mrs May, or are you changing your slogan to ‘Brexit means Anschluß’?

There is direct democracy, where you have to explain your policies. That actually means that people discuss government proposals and it provides stability despite the low threshold for proposing changes. He also has his royal veto power, last used in 1961 for a hunting law. The only law he can’t veto would be the abolition of the monarchy. Some less ‘royalist’ politicians note with almost heart-breaking sadness in their faces that by popular vote, the royal veto was retained, so they cannot prevail.

“…One kept taxation as low as possible so as to attract business…”

He asks why should taxes support banks. He notes that people are getting detached from governments, and states can get over-centralised.

GDP per capita: $139,000 (USA $59,000).

Of course, the people and what they do are what make Liechtenstein what it is. By God, it looks like a decent place.

Samizdata quote of the day

Recent acts of manly valour have all come from men from traditional cultures where they’ve never heard of sexual politics. We recently watched online as Mamoudou Gassama, an illegal migrant from Mali, scaled a tower block in a Paris suburb to save a child about to fall to his death. ‘Luckily, there was someone who was physically fit and who had the courage to go and get the child,’ a firefighter told a French news agency. We can’t call them firemen, although that is what they were. No French man or woman came forward to save the child. In 2015 a migrant from Tunisia rescued two children from a burning building near Paris.

Jane Kelly

You have to wonder when, not if, Obama is arrested

This story, via that well-known extreme rightwing news outlet, Associated Press (sarcasm alert) ought, given the enormity of what is stated, surely lead to former President Barack Obama having his collar felt by the Feds. But he won’t of course because he was “hope and change”:

WASHINGTON (AP) — After striking an elusive nuclear deal with Iran, the Obama administration found itself in a quandary in early 2016: Iran had been promised access to its long-frozen overseas reserves, including $5.7 billion stuck in an Omani bank.

To spend it, Iran wanted to convert the money into U.S. dollars and then euros, but top U.S. officials had repeatedly promised Congress that Iran would never gain access to America’s financial system.

Those assurances notwithstanding, the Obama administration secretly issued a license to let Iran sidestep U.S. sanctions for the brief moment required to convert the funds through an American bank, an investigation by Senate Republicans released Wednesday showed. The plan failed when two U.S. banks refused to participate.

Yet two years later, the revelation is re-igniting the bitter debate over the nuclear deal and whether former President Barack Obama was too eager to grant concessions to Tehran.

All those friends of mine on the libertarian side who rightly get annoyed by Donald Trump will, I trust, be equally oxidised about what the Obama administration has got up to. The situation is shocking because, in recent years, dozens of foreign banks have been punished by US authorities for breaching sanctions against countries including Iran. The most egregious breach was by French banking group BNP Paribas, paying a fine to the US totaling $8.9 billion. (One wonders if President Macron of France will lobby Donald Trump to refund some of this cash to France, if the previous administration was crapping on its own rules about sanctions.)

Here is Ben Shapiro going into the increasingly unhinged one-sided media coverage of US public affairs.

Back to the original article, it seems important to me that it is AP, not just a blog or some YouTube commentator, that has spelled out in devastating detail the dishonesty of the Obama administration over Iran. I recall (yes, I am that old), how White House shenanigans over Iran (the 1986 Iran-Contra scandal) nearly brought down Ronald Reagan and led to multiple hearings, firings and resignations. Obama may now hope that, as a former POTUS, he can relax, do his netflix thing, play golf, give socialist speeches for big bucks, and occasionally vent on how terrible it is that Biff is reversing some of his policies.

But I do wonder. What powers, exactly, exist to bring a former Prez. to book for what appear to be lies on an epic scale, on matters affecting national security? OK, I do doubt that it could happen against the first non-white man to be elected to the office, but if there is any justice in this world, Obama should be contemplating life behind bars or at least, being made to sweat under intense questioning. The man is a snake and yet far too many intelligent people treat him as a sort of secular saint. It is nauseating.

Aunt Agatha is in roaring non-diet extra added salt form today!

Undoubtedly you are a prima donna, but this is a good thing. Imagine if we had to depend for harmless entertainment on the likes of your mates, Nicola Sturgeon, Anna Soubry, and other pompous assholes. At least you are unashamedly a figure of much merriment. My advice is that you should trade on this. Start dressing up as some of the cartoon characters you want banned from cereal boxes. And imagine the fun if you burst into a Parliamentary Committee Room dressed appropriately and shouting, “The Milky Bars are on me!”

Agatha Antigone

Not enough people to exploit too much

Thanks to Brexit fruit is going to be left to rot in the fields. How can we cope without a reliable supply of cheap foreign labour and zero-hours contracts to cover the seasonal summer work? All this will push the cost onto society in the form of more expensive grocery bills.

Meanwhile, those evil Capitalists at Amazon are exploiting cheap labour and forcing people to work zero-hours contracts to cover the seasonal winter work, pushing the cost onto society in the form of tax credits.

Listening to Patrik Schumacher

Podcasts don’t suit everyone. Simply, for many, they tend to take too long to make their points. They have an additional drawback for me, which is that I love to listen to classical music, i.e. the sort of music which can also demand a lot of time to make its various musical points.

This morning, for instance, I was happily listening to one of the very longest symphonies of all, Mahler 3.

But, I paused it. I paused it because my Twitter feed had told me about a podcast. I am listening to this podcast now. The guy asking the questions is someone American whose name I didn’t catch from the Centre for Innovative Governance Research, and the Podcastee, so to speak, the man answering the American guy’s questions, is Patrik Schumacher. Patrik Schumacher is the boss of one of the world’s most formidable architectural practices, the one founded and bossed, until she recently died, by the formidable Zaha Hadid.

Like classical music, the design of architecture, and especially of urban environments on a larger scale, seems to encourage dirigiste habits of mind and of action, politically as well as aesthetically. City planners tend to assume that cities have, so to speak, to be conducted (the German word for conductor being dirigent). Conducted, that is, by them. Well, they would, wouldn’t they? Schumacher challenges these kinds of assumptions.

The American guy asking the questions has been very badly recorded. But it’s mostly Schumacher, and Schumacher, thank goodness, mostly sounds somewhat better. I am learning a lot about how Schumacher thinks and about what he does. You might too. The podcast lasts a bit over an hour.

Mahler 3 will have to wait.

What Neema Parvini thinks and what Neema Parvini does

Instapundit’s Charles Glasser calls this Quillette article “nail on the head stuff”, which it is. It’s very good. But, you know: very good in a way I am now fairly used to. If, like me, you are one of the many and extremely varied persons whom the left calls “extreme right”, and if you have been reading both inside and beyond your various internet bubbles for quite a few years now, this article will probably tell you little that you don’t already know.

Sample quote:

One side effect of dealing with political opponents in this manner is that the left has become increasingly accepting of straw man fallacies created out of their own righteous bigotry and refusal to respectfully address counterpoints. They have no concept of Jonah Goldberg’s philosophical world of Burkeans, Straussians, Hayekians and so on, because many of these people are so ignorant that they genuinely believe that Ronald Reagan and Margaret Thatcher sit closely on a political continuum with Adolf Hitler. Hence, here in the UK, Labour activists burned effigies of Thatcher when she died and also draped a sign saying “HANG THE TORIES” over a bridge in Manchester, without any of their moralistic cheerleaders batting an eyelid. The left generally revels in its own distasteful behaviour not only without critique but also as still further confirmation of their righteousness. When you see your enemies as pure evil as opposed to trying to understand the merit of their ideas, bigotry becomes inevitable.

My main doubt about this piece is that its author, Neema Parvini, maybe attributes to “the left” rather too much of the same ignorant unanimity of thought that he accuses “the left” of attributing to “the right”. I agree that “the left” is more unanimous than “the right”, but there are still distinctions to be made within “the left” which are worth acknowledging.

But, Parvini makes many good points, especially in the small spreadsheet he offers, where he describes leftist definition hopping with words and phrases like “outmoded”, “here to stay”, and (a particular unfavourite of mine) “progress”.

But now for the really interesting bit, the bit where I was both very surprised and where I learned something seriously new to me. It comes right at the bottom of the article:

Neema Parvini is Senior Lecturer in English at the University of Surrey. He is the author of five books, the most recent being Shakespeare and New Historicism Theory (2017) and Shakespeare’s Moral Compass (forthcoming 2018). He also presents a popular podcast series called Shakespeare and Contemporary Theory.

And there was me thinking that the literature departments of all the Anglosphere’s universities are now just swamps of leftist unanimity and sub-Marxist, post-modernist obfuscation, with all seriously dissenting voices silenced. Not quite so, it would seem.

Neema Parvini is clearly a man worth attending to. Especially by me, because I have long been a Shakespeare fan.