Saturday, November 28, 2015

A gunman attacked a Planned Parenthood clinic yesterday in Colorado Springs, Colorado, killing three people, including one police officer, and injuring nine more, before he surrendered to police hours later. He exchanged fire with police in a standoff lasting around five hours.

There were a grocery store and a shopping mall nearby; police told those who were there to take “shelter in place”.

Colorado Springs police lieutenant Cathrine Buckley said the police doesn’t “have any information on [the suspect’s] mentality, or his ideas or ideology”.

Authorities said they received a report of shots fired at 11:38 a.m. local time (1838 UTC); the gunman was possibly carrying a “long gun” and maybe even propane tanks. Lieutenant Buckley said officers who entered the building “were able to shout to the suspect and make communication with him and that point they were able to get him to surrender and he was taken into custody”. Buckley said police only made contact and communicated with the suspect hours into the ordeal. The suspect was arrested at 4:52 p.m. after he surrendered to police.

At a press conference yesterday afternoon, police said searching through and investigating the “huge crime scene” could take hours or even days. Explosives teams checked the scene for traps.

Vicki Cowart, president of the Rocky Mountains chapter of Planned Parenthood, said some staff hid in “safe rooms” in the clinic as a part of Planned Parenthood’s security protocol. Many anti-abortion protests have focused on the Colorado Springs clinic; it moved to its current location, which critics have called a “fortress”, a few years ago.

Police evacuated the clinic, and cordoned off the clinic and nearby medical offices.

“Our hearts go out to everyone involved in this tragic situation”, Cowart said in a statement released on Planned Parenthood’s website. “We don’t yet know the full circumstances and motives behind this criminal action, and we don’t yet know if Planned Parenthood was in fact the target of this attack. We share the concerns of many Americans that extremists are creating a poisonous environment that feeds domestic terrorism in this country.”

The National Abortion Federation says at least eight murders have been committed in the US against abortion providers since 1977.

Tuesday, July 14, 2009

The English National Portrait Gallery (NPG) in London has threatened on Friday to sue a U.S. citizen, Derrick Coetzee. The legal letter followed claims that he had breached the Gallery’s copyright in several thousand photographs of works of art uploaded to the Wikimedia Commons, a free online media repository.

In a letter from their solicitors sent to Coetzee via electronic mail, the NPG asserted that it holds copyright in the photographs under U.K. law, and demanded that Coetzee provide various undertakings and remove all of the images from the site (referred to in the letter as “the Wikipedia website”).

Wikimedia Commons is a repository of free-to-use media, run by a community of volunteers from around the world, and is a sister project to Wikinews and the encyclopedia Wikipedia. Coetzee, who contributes to the Commons using the account “Dcoetzee”, had uploaded images that are free for public use under United States law, where he and the website are based. However copyright is claimed to exist in the country where the gallery is situated.

The complaint by the NPG is that under UK law, its copyright in the photographs of its portraits is being violated. While the gallery has complained to the Wikimedia Foundation for a number of years, this is the first direct threat of legal action made against an actual uploader of images. In addition to the allegation that Coetzee had violated the NPG’s copyright, they also allege that Coetzee had, by uploading thousands of images in bulk, infringed the NPG’s database right, breached a contract with the NPG; and circumvented a copyright protection mechanism on the NPG’s web site.

The copyright protection mechanism referred to is Zoomify, a product of Zoomify, Inc. of Santa Cruz, California. NPG’s solicitors stated in their letter that “Our client used the Zoomify technology to protect our client’s copyright in the high resolution images.”. Zoomify Inc. states in the Zoomify support documentation that its product is intended to make copying of images “more difficult” by breaking the image into smaller pieces and disabling the option within many web browsers to click and save images, but that they “provide Zoomify as a viewing solution and not an image security system”.

In particular, Zoomify’s website comments that while “many customers — famous museums for example” use Zoomify, in their experience a “general consensus” seems to exist that most museums are concerned with making the images in their galleries accessible to the public, rather than preventing the public from accessing them or making copies; they observe that a desire to prevent high resolution images being distributed would also imply prohibiting the sale of any posters or production of high quality printed material that could be scanned and placed online.

Other actions in the past have come directly from the NPG, rather than via solicitors. For example, several edits have been made directly to the English-language Wikipedia from the IP address 217.207.85.50, one of sixteen such IP addresses assigned to computers at the NPG by its ISP, Easynet.

In the period from August 2005 to July 2006 an individual within the NPG using that IP address acted to remove the use of several Wikimedia Commons pictures from articles in Wikipedia, including removing an image of the Chandos portrait, which the NPG has had in its possession since 1856, from Wikipedia’s biographical article on William Shakespeare.

Other actions included adding notices to the pages for images, and to the text of several articles using those images, such as the following edit to Wikipedia’s article on Catherine of Braganza and to its page for the Wikipedia Commons image of Branwell Brontë‘s portrait of his sisters:

“THIS IMAGE IS BEING USED WITHOUT PERMISSION FROM THE COPYRIGHT HOLDER.”

“This image is copyright material and must not be reproduced in any way without permission of the copyright holder. Under current UK copyright law, there is copyright in skilfully executed photographs of ex-copyright works, such as this painting of Catherine de Braganza.

The original painting belongs to the National Portrait Gallery, London. For copies, and permission to reproduce the image, please contact the Gallery at picturelibrary@npg.org.uk or via our website at www.npg.org.uk”

Other, later, edits, made on the day that NPG’s solicitors contacted Coetzee and drawn to the NPG’s attention by Wikinews, are currently the subject of an internal investigation within the NPG.

Coetzee published the contents of the letter on Saturday July 11, the letter itself being dated the previous day. It had been sent electronically to an email address associated with his Wikimedia Commons user account. The NPG’s solicitors had mailed the letter from an account in the name “Amisquitta”. This account was blocked shortly after by a user with access to the user blocking tool, citing a long standing Wikipedia policy that the making of legal threats and creation of a hostile environment is generally inconsistent with editing access and is an inappropriate means of resolving user disputes.

The policy, initially created on Commons’ sister website in June 2004, is also intended to protect all parties involved in a legal dispute, by ensuring that their legal communications go through proper channels, and not through a wiki that is open to editing by other members of the public. It was originally formulated primarily to address legal action for libel. In October 2004 it was noted that there was “no consensus” whether legal threats related to copyright infringement would be covered but by the end of 2006 the policy had reached a consensus that such threats (as opposed to polite complaints) were not compatible with editing access while a legal matter was unresolved. Commons’ own website states that “[accounts] used primarily to create a hostile environment for another user may be blocked”.

In a further response, Gregory Maxwell, a volunteer administrator on Wikimedia Commons, made a formal request to the editorial community that Coetzee’s access to administrator tools on Commons should be revoked due to the prevailing circumstances. Maxwell noted that Coetzee “[did] not have the technically ability to permanently delete images”, but stated that Coetzee’s potential legal situation created a conflict of interest.

Sixteen minutes after Maxwell’s request, Coetzee’s “administrator” privileges were removed by a user in response to the request. Coetzee retains “administrator” privileges on the English-language Wikipedia, since none of the images exist on Wikipedia’s own website and therefore no conflict of interest exists on that site.

Legally, the central issue upon which the case depends is that copyright laws vary between countries. Under United States case law, where both the website and Coetzee are located, a photograph of a non-copyrighted two-dimensional picture (such as a very old portrait) is not capable of being copyrighted, and it may be freely distributed and used by anyone. Under UK law that point has not yet been decided, and the Gallery’s solicitors state that such photographs could potentially be subject to copyright in that country.

One major legal point upon which a case would hinge, should the NPG proceed to court, is a question of originality. The U.K.’s Copyright, Designs and Patents Act 1988 defines in ¶ 1(a) that copyright is a right that subsists in “original literary, dramatic, musical or artistic works” (emphasis added). The legal concept of originality here involves the simple origination of a work from an author, and does not include the notions of novelty or innovation that is often associated with the non-legal meaning of the word.

Whether an exact photographic reproduction of a work is an original work will be a point at issue. The NPG asserts that an exact photographic reproduction of a copyrighted work in another medium constitutes an original work, and this would be the basis for its action against Coetzee. This view has some support in U.K. case law. The decision of Walter v Lane held that exact transcriptions of speeches by journalists, in shorthand on reporter’s notepads, were original works, and thus copyrightable in themselves. The opinion by Hugh Laddie, Justice Laddie, in his book The Modern Law of Copyright, points out that photographs lie on a continuum, and that photographs can be simple copies, derivative works, or original works:

“[…] it is submitted that a person who makes a photograph merely by placing a drawing or painting on the glass of a photocopying machine and pressing the button gets no copyright at all; but he might get a copyright if he employed skill and labour in assembling the thing to be photocopied, as where he made a montage.”

Various aspects of this continuum have already been explored in the courts. Justice Neuberger, in the decision at Antiquesportfolio.com v Rodney Fitch & Co. held that a photograph of a three-dimensional object would be copyrightable if some exercise of judgement of the photographer in matters of angle, lighting, film speed, and focus were involved. That exercise would create an original work. Justice Oliver similarly held, in Interlego v Tyco Industries, that “[i]t takes great skill, judgement and labour to produce a good copy by painting or to produce an enlarged photograph from a positive print, but no-one would reasonably contend that the copy, painting, or enlargement was an ‘original’ artistic work in which the copier is entitled to claim copyright. Skill, labour or judgement merely in the process of copying cannot confer originality.”.

In 2000 the Museums Copyright Group, a copyright lobbying group, commissioned a report and legal opinion on the implications of the Bridgeman case for the UK, which stated:

“Revenue raised from reproduction fees and licensing is vital to museums to support their primary educational and curatorial objectives. Museums also rely on copyright in photographs of works of art to protect their collections from inaccurate reproduction and captioning… as a matter of principle, a photograph of an artistic work can qualify for copyright protection in English law”. The report concluded by advocating that “museums must continue to lobby” to protect their interests, to prevent inferior quality images of their collections being distributed, and “not least to protect a vital source of income”.

Several people and organizations in the U.K. have been awaiting a test case that directly addresses the issue of copyrightability of exact photographic reproductions of works in other media. The commonly cited legal case Bridgeman Art Library v. Corel Corp. found that there is no originality where the aim and the result is a faithful and exact reproduction of the original work. The case was heard twice in New York, once applying UK law and once applying US law. It cited the prior UK case of Interlego v Tyco Industries (1988) in which Lord Oliver stated that “Skill, labour or judgement merely in the process of copying cannot confer originality.”

“What is important about a drawing is what is visually significant and the re-drawing of an existing drawing […] does not make it an original artistic work, however much labour and skill may have gone into the process of reproduction […]”

The Interlego judgement had itself drawn upon another UK case two years earlier, Coca-Cola Go’s Applications, in which the House of Lords drew attention to the “undesirability” of plaintiffs seeking to expand intellectual property law beyond the purpose of its creation in order to create an “undeserving monopoly”. It commented on this, that “To accord an independent artistic copyright to every such reproduction would be to enable the period of artistic copyright in what is, essentially, the same work to be extended indefinitely… ”

The Bridgeman case concluded that whether under UK or US law, such reproductions of copyright-expired material were not capable of being copyrighted.

The unsuccessful plaintiff, Bridgeman Art Library, stated in 2006 in written evidence to the House of Commons Committee on Culture, Media and Sport that it was “looking for a similar test case in the U.K. or Europe to fight which would strengthen our position”.

The National Portrait Gallery is a non-departmental public body based in London England and sponsored by the Department for Culture, Media and Sport. Founded in 1856, it houses a collection of portraits of historically important and famous British people. The gallery contains more than 11,000 portraits and 7,000 light-sensitive works in its Primary Collection, 320,000 in the Reference Collection, over 200,000 pictures and negatives in the Photographs Collection and a library of around 35,000 books and manuscripts. (More on the National Portrait Gallery here)

The gallery’s solicitors are Farrer & Co LLP, of London. Farrer’s clients have notably included the British Royal Family, in a case related to extracts from letters sent by Diana, Princess of Wales which were published in a book by ex-butler Paul Burrell. (In that case, the claim was deemed unlikely to succeed, as the extracts were not likely to be in breach of copyright law.)

Farrer & Co have close ties with industry interest groups related to copyright law. Peter Wienand, Head of Intellectual Property at Farrer & Co., is a member of the Executive body of the Museums Copyright Group, which is chaired by Tom Morgan, Head of Rights and Reproductions at the National Portrait Gallery. The Museums Copyright Group acts as a lobbying organization for “the interests and activities of museums and galleries in the area of [intellectual property rights]”, which reacted strongly against the Bridgeman Art Library v. Corel Corp. case.

Wikimedia Commons is a repository of images, media, and other material free for use by anyone in the world. It is operated by a community of 21,000 active volunteers, with specialist rights such as deletion and blocking restricted to around 270 experienced users in the community (known as “administrators”) who are trusted by the community to use them to enact the wishes and policies of the community. Commons is hosted by the Wikimedia Foundation, a charitable body whose mission is to make available free knowledge and historic and other material which is legally distributable under US law. (More on Commons here)

The legal threat also sparked discussions of moral issues and issues of public policy in several Internet discussion fora, including Slashdot, over the weekend. One major public policy issue relates to how the public domain should be preserved.

Some of the public policy debate over the weekend has echoed earlier opinions presented by Kenneth Hamma, the executive director for Digital Policy at the J. Paul Getty Trust. Writing in D-Lib Magazine in November 2005, Hamma observed:

“Art museums and many other collecting institutions in this country hold a trove of public-domain works of art. These are works whose age precludes continued protection under copyright law. The works are the result of and evidence for human creativity over thousands of years, an activity museums celebrate by their very existence. For reasons that seem too frequently unexamined, many museums erect barriers that contribute to keeping quality images of public domain works out of the hands of the general public, of educators, and of the general milieu of creativity. In restricting access, art museums effectively take a stand against the creativity they otherwise celebrate. This conflict arises as a result of the widely accepted practice of asserting rights in the images that the museums make of the public domain works of art in their collections.”

He also stated:

“This resistance to free and unfettered access may well result from a seemingly well-grounded concern: many museums assume that an important part of their core business is the acquisition and management of rights in art works to maximum return on investment. That might be true in the case of the recording industry, but it should not be true for nonprofit institutions holding public domain art works; it is not even their secondary business. Indeed, restricting access seems all the more inappropriate when measured against a museum’s mission — a responsibility to provide public access. Their charitable, financial, and tax-exempt status demands such. The assertion of rights in public domain works of art — images that at their best closely replicate the values of the original work — differs in almost every way from the rights managed by the recording industry. Because museums and other similar collecting institutions are part of the private nonprofit sector, the obligation to treat assets as held in public trust should replace the for-profit goal. To do otherwise, undermines the very nature of what such institutions were created to do.”

Hamma observed in 2005 that “[w]hile examples of museums chasing down digital image miscreants are rare to non-existent, the expectation that museums might do so has had a stultifying effect on the development of digital image libraries for teaching and research.”

The NPG, which has been taking action with respect to these images since at least 2005, is a public body. It was established by Act of Parliament, the current Act being the Museums and Galleries Act 1992. In that Act, the NPG Board of Trustees is charged with maintaining “a collection of portraits of the most eminent persons in British history, of other works of art relevant to portraiture and of documents relating to those portraits and other works of art”. It also has the tasks of “secur[ing] that the portraits are exhibited to the public” and “generally promot[ing] the public’s enjoyment and understanding of portraiture of British persons and British history through portraiture both by means of the Board’s collection and by such other means as they consider appropriate”.

Several commentators have questioned how the NPG’s statutory goals align with its threat of legal action. Mike Masnick, founder of Techdirt, asked “The people who run the Gallery should be ashamed of themselves. They ought to go back and read their own mission statement[. …] How, exactly, does suing someone for getting those portraits more attention achieve that goal?” (external link Masnick’s). L. Sutherland of Bigmouthmedia asked “As the paintings of the NPG technically belong to the nation, does that mean that they should also belong to anyone that has access to a computer?”

Other public policy debates that have been sparked have included the applicability of U.K. courts, and U.K. law, to the actions of a U.S. citizen, residing in the U.S., uploading files to servers hosted in the U.S.. Two major schools of thought have emerged. Both see the issue as encroachment of one legal system upon another. But they differ as to which system is encroaching. One view is that the free culture movement is attempting to impose the values and laws of the U.S. legal system, including its case law such as Bridgeman Art Library v. Corel Corp., upon the rest of the world. Another view is that a U.K. institution is attempting to control, through legal action, the actions of a U.S. citizen on U.S. soil.

David Gerard, former Press Officer for Wikimedia UK, the U.K. chapter of the Wikimedia Foundation, which has been involved with the “Wikipedia Loves Art” contest to create free content photographs of exhibits at the Victoria and Albert Museum, stated on Slashdot that “The NPG actually acknowledges in their letter that the poster’s actions were entirely legal in America, and that they’re making a threat just because they think they can. The Wikimedia community and the WMF are absolutely on the side of these public domain images remaining in the public domain. The NPG will be getting radioactive publicity from this. Imagine the NPG being known to American tourists as somewhere that sues Americans just because it thinks it can.”

Benjamin Crowell, a physics teacher at Fullerton College in California, stated that he had received a letter from the Copyright Officer at the NPG in 2004, with respect to the picture of the portrait of Isaac Newton used in his physics textbooks, that he publishes in the U.S. under a free content copyright licence, to which he had replied with a pointer to Bridgeman Art Library v. Corel Corp..

The Wikimedia Foundation takes a similar stance. Erik Möller, the Deputy Director of the US-based Wikimedia Foundation wrote in 2008 that “we’ve consistently held that faithful reproductions of two-dimensional public domain works which are nothing more than reproductions should be considered public domain for licensing purposes”.

Contacted over the weekend, the NPG issued a statement to Wikinews:

“The National Portrait Gallery is very strongly committed to giving access to its Collection. In the past five years the Gallery has spent around £1 million digitising its Collection to make it widely available for study and enjoyment. We have so far made available on our website more than 60,000 digital images, which have attracted millions of users, and we believe this extensive programme is of great public benefit.

“The Gallery supports Wikipedia in its aim of making knowledge widely available and we would be happy for the site to use our low-resolution images, sufficient for most forms of public access, subject to safeguards. However, in March 2009 over 3000 high-resolution files were appropriated from the National Portrait Gallery website and published on Wikipedia without permission.

“The Gallery is very concerned that potential loss of licensing income from the high-resolution files threatens its ability to reinvest in its digitisation programme and so make further images available. It is one of the Gallery’s primary purposes to make as much of the Collection available as possible for the public to view.

“Digitisation involves huge costs including research, cataloguing, conservation and highly-skilled photography. Images then need to be made available on the Gallery website as part of a structured and authoritative database. To date, Wikipedia has not responded to our requests to discuss the issue and so the National Portrait Gallery has been obliged to issue a lawyer’s letter. The Gallery remains willing to enter into a dialogue with Wikipedia.

In fact, Matthew Bailey, the Gallery’s (then) Assistant Picture Library Manager, had already once been in a similar dialogue. Ryan Kaldari, an amateur photographer from Nashville, Tennessee, who also volunteers at the Wikimedia Commons, states that he was in correspondence with Bailey in October 2006. In that correspondence, according to Kaldari, he and Bailey failed to conclude any arrangement.

Jay Walsh, the Head of Communications for the Wikimedia Foundation, which hosts the Commons, called the gallery’s actions “unfortunate” in the Foundation’s statement, issued on Tuesday July 14:

“The mission of the Wikimedia Foundation is to empower and engage people around the world to collect and develop educational content under a free license or in the public domain, and to disseminate it effectively and globally. To that end, we have very productive working relationships with a number of galleries, archives, museums and libraries around the world, who join with us to make their educational materials available to the public.

“The Wikimedia Foundation does not control user behavior, nor have we reviewed every action taken by that user. Nonetheless, it is our general understanding that the user in question has behaved in accordance with our mission, with the general goal of making public domain materials available via our Wikimedia Commons project, and in accordance with applicable law.”

The Foundation added in its statement that as far as it was aware, the NPG had not attempted “constructive dialogue”, and that the volunteer community was presently discussing the matter independently.

In part, the lack of past agreement may have been because of a misunderstanding by the National Portrait Gallery of Commons and Wikipedia’s free content mandate; and of the differences between Wikipedia, the Wikimedia Foundation, the Wikimedia Commons, and the individual volunteer workers who participate on the various projects supported by the Foundation.

Like Coetzee, Ryan Kaldari is a volunteer worker who does not represent Wikipedia or the Wikimedia Commons. (Such representation is impossible. Both Wikipedia and the Commons are endeavours supported by the Wikimedia Foundation, and not organizations in themselves.) Nor, again like Coetzee, does he represent the Wikimedia Foundation.

Kaldari states that he explained the free content mandate to Bailey. Bailey had, according to copies of his messages provided by Kaldari, offered content to Wikipedia (naming as an example the photograph of John Opie‘s 1797 portrait of Mary Wollstonecraft, whose copyright term has since expired) but on condition that it not be free content, but would be subject to restrictions on its distribution that would have made it impossible to use by any of the many organizations that make use of Wikipedia articles and the Commons repository, in the way that their site-wide “usable by anyone” licences ensures.

The proposed restrictions would have also made it impossible to host the images on Wikimedia Commons. The image of the National Portrait Gallery in this article, above, is one such free content image; it was provided and uploaded to the Wikimedia Commons under the terms of the GNU Free Documentation Licence, and is thus able to be used and republished not only on Wikipedia but also on Wikinews, on other Wikimedia Foundation projects, as well as by anyone in the world, subject to the terms of the GFDL, a license that guarantees attribution is provided to the creators of the image.

As Commons has grown, many other organizations have come to different arrangements with volunteers who work at the Wikimedia Commons and at Wikipedia. For example, in February 2009, fifteen international museums including the Brooklyn Museum and the Victoria and Albert Museum established a month-long competition where users were invited to visit in small teams and take high quality photographs of their non-copyright paintings and other exhibits, for upload to Wikimedia Commons and similar websites (with restrictions as to equipment, required in order to conserve the exhibits), as part of the “Wikipedia Loves Art” contest.

Approached for comment by Wikinews, Jim Killock, the executive director of the Open Rights Group, said “It’s pretty clear that these images themselves should be in the public domain. There is a clear public interest in making sure paintings and other works are usable by anyone once their term of copyright expires. This is what US courts have recognised, whatever the situation in UK law.”

The Digital Britain report, issued by the U.K.’s Department for Culture, Media, and Sport in June 2009, stated that “Public cultural institutions like Tate, the Royal Opera House, the RSC, the Film Council and many other museums, libraries, archives and galleries around the country now reach a wider public online.” Culture minster Ben Bradshaw was also approached by Wikinews for comment on the public policy issues surrounding the on-line availability of works in the public domain held in galleries, re-raised by the NPG’s threat of legal action, but had not responded by publication time.

Wednesday, January 10, 2007

Apple Inc. today has introduced the much-anticipated iPhone at the Macworld Conference in San Francisco.

The iPhone is claimed to be “a revolutionary mobile phone” as stated on the Apple website. The device appears to be running a mobile version of the Apple operating system Mac OSX. It is approximately the same size as a 5th generation iPod, it has a 3.5-inch LCD touchscreen display that is used to access all features of the phone including number dial, as well as making phone calls. The iPhone plays music, movies, displays pictures and is able to connect to a wireless network.

Apple CEO Steve Jobs unveiled the device by walking onto the stage and taking the iPhone out of his jeans pocket. During his 2 hour speech he stated that “Today Apple is going to reinvent the phone, We are going to make history today”.

Today Apple also released their Media Center device – Apple TV. It will directly compete with Microsoft’s Media Center operating system. Apple has taken a different approach to the media center market; rather than storing content (such as movies, music and photos) on the device, Apple TV connects to a computer (Mac and Windows) over a wirless network connection and plays all content stored on that computer. This makes it substantially easier for users to organize their media content.

Thursday, September 15, 2005

Among its many ongoing research studies, the Natural Resources Conservation Service (NRCS) National Plant Materials Center (NPMC), in Beltsville, Maryland, is researching native, ornamental, perennial plants which are tolerant of hot, droughty conditions. The end result of this research is to promote city gardening in the Washington/Baltimore metro area and to eventually expand to the entire mid-Atlantic region.

“The use of native plants are beneficial to the region in that they are already adapted to the cultural conditions present in city environments and are unlikely to displace other native-plant communities,” said Shawn Belt, Horticulturalist at the NPMC. “And, not only do these native plants add to the diversity of inner-city plant materials they encourage wildlife as well.”

Working with NRCS conservationists for Washington, DC, the NPMC has recently installed a “butterfly garden” a native-plant garden at the Myrtilla Miner Elementary School in NE Washington DC. According to Belt, Washington, DC typically has poor soils so this site will be a good evaluation for hot, dry conditions.

“Since there are no farms in DC to award contracts for the various NRCS cost share programs, NRCS does award cost share for schools in order to educate students to the benefits of using native plants in city landscapes,” said Belt.

NRCS conservationists have been encouraging teachers to install butterfly gardens with cost-share money from the Environmental Quality Incentives Programs (EQIP) to help with the costs of installing these gardens.

While working with the school to install the native-plant garden, NRCS employees will evaluate the performance of the plants over the next 3 years. Additionally, evaluations will be continued in other areas of Washington, DC in order to replicate the “experiment” in differing locations.

Thursday, July 3, 2014

Ian Narev, the CEO of the Commonwealth Bank of Australia, this morning “unreservedly” apologised to clients who lost money in a scandal involving the bank’s financial planning services arm.

Last week, a Senate enquiry found financial advisers from the Commonwealth Bank had made high-risk investments of clients’ money without the clients’ permission, resulting in hundreds of millions of dollars lost. The Senate enquiry called for a Royal Commission into the bank, and the Australian Securities and Investments Commission (ASIC).

Mr Narev stated the bank’s performance in providing financial advice was “unacceptable”, and the bank was launching a scheme to compensate clients who lost money due to the planners’ actions.

In a statement Mr Narev said, “Poor advice provided by some of our advisers between 2003 and 2012 caused financial loss and distress and I am truly sorry for that. […] There have been changes in management, structure and culture. We have also invested in new systems, implemented new processes, enhanced adviser supervision and improved training.”

An investigation by Fairfax Media instigated the Senate inquiry into the Commonwealth Bank’s financial planning division and ASIC.

Whistleblower Jeff Morris, who reported the misconduct of the bank to ASIC six years ago, said in an article for The Sydney Morning Herald that neither the bank nor ASIC should be in control of the compensation program.

Saturday, August 19, 2006

Ford has announced sweeping cuts of 21% (168,000 units) in its US and Canadian production, resulting in the partial closure of ten of its plants during the fourth quarter. The measure comes on top of existing turnaround plans announced in January, in which 25,000 to 30,000 positions should be cut and 14 plants closed by 2012.

Ford is the world’s third-largest automaker and the U.S.’s second-largest. However it has in recent years been struggling with poor profitability and shrinking market shares. In 2005 it lost $1.6 billion and recently the company reported a second quarter loss of $254 million and a 34% year-year decline in sales for the month of July.

George Pipas, director of sales analysis at Ford, points to rising gas prices having negative impact on the sale of the companies SUV lines as well as its sales leader, the F-series pickup truck as being the direct cause of the latest initiative.

So far the following plants are thought to be affected:

• St. Thomas Assembly of St. Thomas, Ontario, Canada
• Chicago, Illinois
• Wixom Assembly Plant of Wixom, Michigan, Michigan
• Louisville Assembly of Louisville, Kentucky
• Michigan Truck Plant of Wayne, Michigan
• St. Paul, Minnesota
• Kansas City Assembly of Kansas City, Missouri
• Norfolk Assembly of Norfolk, Virginia
• River Rouge Plant of Dearborn, Michigan

Ford’s stock fell 17 cents (2.1%) to $8 on the New York Stock Exchange.

Saturday, December 3, 2016

Peng Chang-kuei, a Chinese-born chef credited with creating the internationally popular dish General Tso’s chicken, was yesterday announced to have died by his son.

Chuck Peng told The Associated Press his father died of pneumonia in Taipei, Taiwan on Wednesday. The chef fled China to Taiwan in 1949 and invented the dish shortly thereafter. In the 1970s Peng opened a New York restaurant, which he claimed was a regular haunt of Henry Kissinger. Peng credited Kissinger with the dish’s popularity.

Peng conceived the famed dish, which is unknown in China, as unfried. Garlic and soy sauce provided flavour, as did chillies. Today the chicken is served across the US as fried chicken in a sweet, sticky sauce. The chillies remain, with broccoli also appearing. Peng named it after Zuo Zongtang from his native Hunan Province; Zongtang assisted in suppressing the 19th-century Taiping Rebellion.

Peng said the meal was invented for a US admiral visiting Taiwan. Over three days, Peng was contracted to produce several banquets, with not one repeated dish. After exhausting traditional chicken dishes Peng said he created what became General Tso’s chicken as an experiment.

In later years he ran Peng’s, a chain of Taiwanese restaurants. General Tso’s chicken also remained popular across the US. His son claimed he remained working in the kitchen until a few months before his death, at 97. In a documentary two years ago, shown photos of General Tso’s chicken served in the US in modern times, he remarked “This is all crazy nonsense.”

Running away from his farming family in Changsha, Peng trained under Cao Jingchen. He fled communist rule that followed the 1930s Japanese invasion. He fathered seven children, six of whom remain alive, from three marriages. Chuck Peng described his father as “very good to other people, [but] very hard on his family.” Peng Jr. spoke of a “very demanding” man who “thought other people’s cooking was no good.”

Two years ago the Taipei City Government awarded Peng an Outstanding Citizen award. Peng, then 95 and unstable, collected the award in person and delivered a speech in Mandarin Chinese.

Thursday, October 18, 2007

It can be difficult to be John Reed.

Christopher Hitchens called him a “Bin Ladenist” and Cathy Young editorialized in The Boston Globe that he “blames the victims of terrorism” when he puts out a novel like Snowball’s Chance, a biting send-up of George Orwell‘s Animal Farm which he was inspired to write after the terrorist attacks on September 11. “The clear references to 9/11 in the apocalyptic ending can only bring Orwell’s name into disrepute in the U.S.,” wrote William Hamilton, the British literary executor of the Orwell estate. That process had already begun: it was revealed Orwell gave the British Foreign Office a list of people he suspected of being “crypto-Communists and fellow travelers,” labeling some of them as Jews and homosexuals. “I really wanted to explode that book,” Reed told The New York Times. “I wanted to completely undermine it.”

Is this man who wants to blow up the classic literary canon taught to children in schools a menace, or a messiah? David Shankbone went to interview him for Wikinews and found that, as often is the case, the answer lies somewhere in the middle.

Reed is electrified by the changes that surround him that channel through a lens of inspiration wrought by his children. “The kids have made me a better writer,” Reed said. In his new untitled work, which he calls a “new play by William Shakespeare,” he takes lines from The Bard‘s classics to form an original tragedy. He began it in 2003, but only with the birth of his children could he finish it. “I didn’t understand the characters who had children. I didn’t really understand them. And once I had had kids, I could approach them differently.”

Taking the old to make it new is a theme in his work and in his world view. Reed foresees new narrative forms being born, Biblical epics that will be played out across print and electronic mediums. He is pulled forward by revolutions of the past, a search for a spiritual sensibility, and a desire to locate himself in the process.

Below is David Shankbone’s conversation with novelist John Reed.

Thursday, March 24, 2005

San Jose, California — A woman eating a bowl of chili at a Wendy’s restaurant bit into a chewy bit that turned out to be a human finger. She immediately spat it out, warned other patrons to stop eating, and upon recognizing the object as a finger, vomited.

“I’m more of a Carl’s Jr. person,” the 39-year-old Las Vegas woman, Anna Ayala, told Knight Ridder. She said this incident was her first visit to a Wendy’s restaurant. Ayala described how she found the finger, “Suddenly something crunchy was in my mouth,” she continued, “and I spit it out.”

According to Devina Cordero, 20, after Ayala found the finger, she ran up to her and Cordero’s boyfriend and said, “Don’t eat it! Look, there’s a human finger in our chili.”

“We went up to the counter and they told us it was a vegetable,” Cordero continued. “The people from Wendy’s were poking it with a spoon.”

The restaurant is located at 1405 Monterey Highway, just south of downtown San Jose.

Wikinews reporter David Vasquez drove his car up to the drive-thru menu and found that chili was still on the menu, at a price of US$1.19 for a small serving. He also witnessed workers unloading supplies from a semi-trailer truck in the restaurant’s parking lot, and carting them into the back door of the establishment.

According to Ben Gale, director of environmental health for Santa Clara County, the finger did not come from any of the employees at the restaurant. “We asked everybody to show us they have 10 fingers and everything is OK there,” he said. The found portion of the finger likely belonged to a woman because of its long and manicured fingernail, also found in the food.

Officials seized the food supply at the restaurant and are tracing it back to the manufacturer, where they believe the finger may have gotten mixed in with the raw ingredients used to prepare the chili. The restaurant’s operators were later permitted to re-open after preparing new chili prepared from fresh ingredients.

As this story was filed, there was no mention of the incident on the Wendy’s corporate web site. Wendy’s issued a statement through a spokesman.

“Food safety is of utmost importance to us,” said Wendy’s spokesman Joe Desmond. He referred to the incident as an “unsubstantiated claim.”

“We are cooperating fully with the local police and health departments with their investigation. It’s important not to jump to conclusions. Here at Wendy’s we plan to do right by our customers,” Desmond said.

According to county health officials, the unfortunate woman who bit into the finger is doing fine, despite her initial reaction. Officials also noted that the finger would have been cooked at a high enough temperature to destroy any viruses.

The Santa Clara county medical examiner reported that the finger had a solid fingerprint, although investigators did not say if a search of fingerprint databases would be performed to find the owner of the finger.

This is the online suicide letter authored by Andrew Stack, the man believed to be responsible for flying a light aircraft into a building in Austin, Texas. It was originally posted at Stack’s site, http://embeddedart.com/. The hosting company, T35, took the site offline per an FBI request. The note is reproduced here in its entirety.

If you’re reading this, you’re no doubt asking yourself, “Why did this have to happen?” The simple truth is that it is complicated and has been coming for a long time. The writing process, started many months ago, was intended to be therapy in the face of the looming realization that there isn’t enough therapy in the world that can fix what is really broken. Needless to say, this rant could fill volumes with example after example if I would let it. I find the process of writing it frustrating, tedious, and probably pointless… especially given my gross inability to gracefully articulate my thoughts in light of the storm raging in my head. Exactly what is therapeutic about that I’m not sure, but desperate times call for desperate measures.

We are all taught as children that without laws there would be no society, only anarchy. Sadly, starting at early ages we in this country have been brainwashed to believe that, in return for our dedication and service, our government stands for justice for all. We are further brainwashed to believe that there is freedom in this place, and that we should be ready to lay our lives down for the noble principals represented by its founding fathers. Remember? One of these was “no taxation without representation”. I have spent the total years of my adulthood unlearning that crap from only a few years of my childhood. These days anyone who really stands up for that principal is promptly labeled a “crackpot”, traitor and worse.

While very few working people would say they haven’t had their fair share of taxes (as can I), in my lifetime I can say with a great degree of certainty that there has never been a politician cast a vote on any matter with the likes of me or my interests in mind. Nor, for that matter, are they the least bit interested in me or anything I have to say.

Why is it that a handful of thugs and plunderers can commit unthinkable atrocities (and in the case of the GM executives, for scores of years) and when it’s time for their gravy train to crash under the weight of their gluttony and overwhelming stupidity, the force of the full federal government has no difficulty coming to their aid within days if not hours? Yet at the same time, the joke we call the American medical system, including the drug and insurance companies, are murdering tens of thousands of people a year and stealing from the corpses and victims they cripple, and this country’s leaders don’t see this as important as bailing out a few of their vile, rich cronies. Yet, the political “representatives” (thieves, liars, and self-serving scumbags is far more accurate) have endless time to sit around for year after year and debate the state of the “terrible health care problem”. It’s clear they see no crisis as long as the dead people don’t get in the way of their corporate profits rolling in.

And justice? You’ve got to be kidding!

How can any rational individual explain that white elephant conundrum in the middle of our tax system and, indeed, our entire legal system? Here we have a system that is, by far, too complicated for the brightest of the master scholars to understand. Yet, it mercilessly “holds accountable” its victims, claiming that they’re responsible for fully complying with laws not even the experts understand. The law “requires” a signature on the bottom of a tax filing; yet no one can say truthfully that they understand what they are signing; if that’s not “duress” than [sic] what is. If this is not the measure of a totalitarian regime, nothing is.

How did I get here?

My introduction to the real American nightmare starts back in the early ‘80s. Unfortunately after more than 16 years of school, somewhere along the line I picked up the absurd, pompous notion that I could read and understand plain English. Some friends introduced me to a group of people who were having ‘tax code’ readings and discussions. In particular, zeroed in on a section relating to the wonderful “exemptions” that make institutions like the vulgar, corrupt Catholic Church so incredibly wealthy. We carefully studied the law (with the help of some of the “best”, high-paid, experienced tax lawyers in the business), and then began to do exactly what the “big boys” were doing (except that we weren’t steeling [sic] from our congregation or lying to the government about our massive profits in the name of God). We took a great deal of care to make it all visible, following all of the rules, exactly the way the law said it was to be done.

The intent of this exercise and our efforts was to bring about a much-needed re-evaluation of the laws that allow the monsters of organized religion to make such a mockery of people who earn an honest living. However, this is where I learned that there are two “interpretations” for every law; one for the very rich, and one for the rest of us… Oh, and the monsters are the very ones making and enforcing the laws; the inquisition is still alive and well today in this country.

That little lesson in patriotism cost me $40,000+, 10 years of my life, and set my retirement plans back to 0. It made me realize for the first time that I live in a country with an ideology that is based on a total and complete lie. It also made me realize, not only how naive I had been, but also the incredible stupidity of the American public; that they buy, hook, line, and sinker, the crap about their “freedom”… and that they continue to do so with eyes closed in the face of overwhelming evidence and all that keeps happening in front of them.

Before even having to make a shaky recovery from the sting of the first lesson on what justice really means in this country (around 1984 after making my way through engineering school and still another five years of “paying my dues”), I felt I finally had to take a chance of launching my dream of becoming an independent engineer.

On the subjects of engineers and dreams of independence, I should digress somewhat to say that I’m sure that I inherited the fascination for creative problem solving from my father. I realized this at a very young age.

The significance of independence, however, came much later during my early years of college; at the age of 18 or 19 when I was living on my own as student in an apartment in Harrisburg, Pennsylvania. My neighbor was an elderly retired woman (80+ seemed ancient to me at that age) who was the widowed wife of a retired steel worker. Her husband had worked all his life in the steel mills of central Pennsylvania with promises from big business and the union that, for his 30 years of service, he would have a pension and medical care to look forward to in his retirement. Instead he was one of the thousands who got nothing because the incompetent mill management and corrupt union (not to mention the government) raided their pension funds and stole their retirement. All she had was social security to live on.

In retrospect, the situation was laughable because here I was living on peanut butter and bread (or Ritz crackers when I could afford to splurge) for months at a time. When I got to know this poor figure and heard her story I felt worse for her plight than for my own (I, after all, I thought I had everything to in front of me). I was genuinely appalled at one point, as we exchanged stories and commiserated with each other over our situations, when she in her grandmotherly fashion tried to convince me that I would be “healthier” eating cat food (like her) rather than trying to get all my substance from peanut butter and bread. I couldn’t quite go there, but the impression was made. I decided that I didn’t trust big business to take care of me, and that I would take responsibility for my own future and myself.

Return to the early ‘80s, and here I was off to a terrifying start as a ‘wet-behind-the-ears’ contract software engineer… and two years later, thanks to the fine backroom, midnight effort by the sleazy executives of Arthur Andersen (the very same folks who later brought us Enron and other such calamities) and an equally sleazy New York Senator (Patrick Moynihan), we saw the passage of 1986 tax reform act with its section 1706.

For you who are unfamiliar, here is the core text of the IRS Section 1706, defining the treatment of workers (such as contract engineers) for tax purposes. Visit this link for a conference committee report (http://www.synergistech.com/1706.shtml#ConferenceCommitteeReport) regarding the intended interpretation of Section 1706 and the relevant parts of Section 530, as amended. For information on how these laws affect technical services workers and their clients, read our discussion here (http://www.synergistech.com/ic-taxlaw.shtml).

SEC. 1706. TREATMENT OF CERTAIN TECHNICAL PERSONNEL.

(a) IN GENERAL – Section 530 of the Revenue Act of 1978 is amended by adding at the end thereof the following new subsection:

(d) EXCEPTION. – This section shall not apply in the case of an individual who pursuant to an arrangement between the taxpayer and another person, provides services for such other person as an engineer, designer, drafter, computer programmer, systems analyst, or other similarly skilled worker engaged in a similar line of work.

(b) EFFECTIVE DATE. – The amendment made by this section shall apply to remuneration paid and services rendered after December 31, 1986.

Note:

· “another person” is the client in the traditional job-shop relationship.

· “taxpayer” is the recruiter, broker, agency, or job shop.

· “individual”, “employee”, or “worker” is you.

Admittedly, you need to read the treatment to understand what it is saying but it’s not very complicated. The bottom line is that they may as well have put my name right in the text of section (d). Moreover, they could only have been more blunt if they would have came out and directly declared me a criminal and non-citizen slave. Twenty years later, I still can’t believe my eyes.

During 1987, I spent close to $5000 of my ‘pocket change’, and at least 1000 hours of my time writing, printing, and mailing to any senator, congressman, governor, or slug that might listen; none did, and they universally treated me as if I was wasting their time. I spent countless hours on the L.A. freeways driving to meetings and any and all of the disorganized professional groups who were attempting to mount a campaign against this atrocity. This, only to discover that our efforts were being easily derailed by a few moles from the brokers who were just beginning to enjoy the windfall from the new declaration of their “freedom”. Oh, and don’t forget, for all of the time I was spending on this, I was loosing income that I couldn’t bill clients.

After months of struggling it had clearly gotten to be a futile exercise. The best we could get for all of our trouble is a pronouncement from an IRS mouthpiece that they weren’t going to enforce that provision (read harass engineers and scientists). This immediately proved to be a lie, and the mere existence of the regulation began to have its impact on my bottom line; this, of course, was the intended effect.

Again, rewind my retirement plans back to 0 and shift them into idle. If I had any sense, I clearly should have left abandoned engineering and never looked back.

Instead I got busy working 100-hour workweeks. Then came the L.A. depression of the early 1990s. Our leaders decided that they didn’t need the all of those extra Air Force bases they had in Southern California, so they were closed; just like that. The result was economic devastation in the region that rivaled the widely publicized Texas S&L fiasco. However, because the government caused it, no one gave a shit about all of the young families who lost their homes or street after street of boarded up houses abandoned to the wealthy loan companies who received government funds to “shore up” their windfall. Again, I lost my retirement.

Years later, after weathering a divorce and the constant struggle trying to build some momentum with my business, I find myself once again beginning to finally pick up some speed. Then came the .COM bust and the 911 nightmare. Our leaders decided that all aircraft were grounded for what seemed like an eternity; and long after that, ‘special’ facilities like San Francisco were on security alert for months. This made access to my customers prohibitively expensive. Ironically, after what they had done the Government came to the aid of the airlines with billions of our tax dollars … as usual they left me to rot and die while they bailed out their rich, incompetent cronies WITH MY MONEY! After these events, there went my business but not quite yet all of my retirement and savings.

By this time, I’m thinking that it might be good for a change. Bye to California, I’ll try Austin for a while. So I moved, only to find out that this is a place with a highly inflated sense of self-importance and where damn little real engineering work is done. I’ve never experienced such a hard time finding work. The rates are 1/3 of what I was earning before the crash, because pay rates here are fixed by the three or four large companies in the area who are in collusion to drive down prices and wages… and this happens because the justice department is all on the take and doesn’t give a fuck about serving anyone or anything but themselves and their rich buddies.

To survive, I was forced to cannibalize my savings and retirement, the last of which was a small IRA. This came in a year with mammoth expenses and not a single dollar of income. I filed no return that year thinking that because I didn’t have any income there was no need. The sleazy government decided that they disagreed. But they didn’t notify me in time for me to launch a legal objection so when I attempted to get a protest filed with the court I was told I was no longer entitled to due process because the time to file ran out. Bend over for another $10,000 helping of justice.

So now we come to the present. After my experience with the CPA world, following the business crash I swore that I’d never enter another accountant’s office again. But here I am with a new marriage and a boatload of undocumented income, not to mention an expensive new business asset, a piano, which I had no idea how to handle. After considerable thought I decided that it would be irresponsible NOT to get professional help; a very big mistake.

When we received the forms back I was very optimistic that they were in order. I had taken all of the years information to Bill Ross, and he came back with results very similar to what I was expecting. Except that he had neglected to include the contents of Sheryl’s unreported income; $12,700 worth of it. To make matters worse, Ross knew all along this was missing and I didn’t have a clue until he pointed it out in the middle of the audit. By that time it had become brutally evident that he was representing himself and not me.

This left me stuck in the middle of this disaster trying to defend transactions that have no relationship to anything tax-related (at least the tax-related transactions were poorly documented). Things I never knew anything about and things my wife had no clue would ever matter to anyone. The end result is… well, just look around.

I remember reading about the stock market crash before the “great” depression and how there were wealthy bankers and businessmen jumping out of windows when they realized they screwed up and lost everything. Isn’t it ironic how far we’ve come in 60 years in this country that they now know how to fix that little economic problem; they just steal from the middle class (who doesn’t have any say in it, elections are a joke) to cover their asses and it’s “business-as-usual”. Now when the wealthy fuck up, the poor get to die for the mistakes… isn’t that a clever, tidy solution.

As government agencies go, the FAA is often justifiably referred to as a tombstone agency, though they are hardly alone. The recent presidential puppet GW Bush and his cronies in their eight years certainly reinforced for all of us that this criticism rings equally true for all of the government. Nothing changes unless there is a body count (unless it is in the interest of the wealthy sows at the government trough). In a government full of hypocrites from top to bottom, life is as cheap as their lies and their self-serving laws.

I know I’m hardly the first one to decide I have had all I can stand. It has always been a myth that people have stopped dying for their freedom in this country, and it isn’t limited to the blacks, and poor immigrants. I know there have been countless before me and there are sure to be as many after. But I also know that by not adding my body to the count, I insure nothing will change. I choose to not keep looking over my shoulder at “big brother” while he strips my carcass, I choose not to ignore what is going on all around me, I choose not to pretend that business as usual won’t continue; I have just had enough.

I can only hope that the numbers quickly get too big to be white washed and ignored that the American zombies wake up and revolt; it will take nothing less. I would only hope that by striking a nerve that stimulates the inevitable double standard, knee-jerk government reaction that results in more stupid draconian restrictions people wake up and begin to see the pompous political thugs and their mindless minions for what they are. Sadly, though I spent my entire life trying to believe it wasn’t so, but violence not only is the answer, it is the only answer. The cruel joke is that the really big chunks of shit at the top have known this all along and have been laughing, at and using this awareness against, fools like me all along.

I saw it written once that the definition of insanity is repeating the same process over and over and expecting the outcome to suddenly be different. I am finally ready to stop this insanity. Well, Mr. Big Brother IRS man, let’s try something different; take my pound of flesh and sleep well.

The communist creed: From each according to his ability, to each according to his need.

The capitalist creed: From each according to his gullibility, to each according to his greed.

Joe Stack (1956-2010)

02/18/2010