Wednesday, December 17, 2008

Two more vessels have been hijacked in Somalia. Pirates have captured an Indonesian tugboat with a barge that was working for French oil firm Total and a Turkish container ship.

The Turkish vessel’s seizure was confirmed by a US Fifth Fleet spokesman. MV Bosphorus Prodigy is a 330 ft (100 m) container vessel flagged in Antigua and Barbuda. It is owned and operated by Isko Marine Company based in Istanbul.

The Fifth Fleet could not confirm the tugboat’s seizure, but an anonymous official with Total in Yemen could. He explained the boat and barge were headed to Malaysia from the Yemeni port of Mukalla. He said the crew consisted of both Indonesians and other nationalities, and that the vessels, which had been hired by a subcontractor, were not carrying any oil at the time.

The new hijackings came as the United Nations Office on Drugs and Crime asked for greater policing in the area by international bodies, and for the signing of agreements that allowed the arresting officer to take pirates back to the officer’s country for prosecution.

“Pirates cannot be keelhauled or forced to walk the plank, nor should they be dumped off the Somali coast,” said the office’s head Antonio Maria Costa. “They need to be brought to justice”.

Saturday, December 11, 2004

VIENNA —Doctors from the Rudolfinerhaus clinic in Vienna say “there is no doubt” Ukrainian opposition leader Victor Yushchenko was poisoned with Dioxin.

Yushchenko’s body had about 1,000 times more than the normal concentration of the toxin. It is unknown if there were any other poisons in his system.

Although it has not yet been proven that the poisoning was deliberate, doctors suspect it was. “We suspect a cause triggered by a third party,” said Michael Zimpfer, head doctor at the Rudolfinerhaus clinic. He suggested the poison may have been administered orally, through food or drink.

Today’s announcements are a follow-up of an earlier press conference, where Dr. Korpan that there were three hypotheses under consideration, one of them involving dioxin. He did not reveal what the other two hypotheses were. Dr. Michael Zimpfer, director of the Rudolfinerhaus clinic emphasized that time there was no proof yet to specify the substance causing the illness.

Yushchenko left Kiev on Friday (2004-10-12) for further examination in Vienna. When Yushchenko fell ill on October 6th, Ukrainian doctors had initially diagnosed food poisoning, leading to speculation that he had been poisoned deliberately. The illness has disfigured Yushchenko’s body and face which doctors say could take up to two years to heal.

He fell seriously ill on the September 6th, during his presidential campaign. Yushchenko was taken to the Rudolfinerhaus clinic of Vienna, where he stayed for four days under Dr. Korpan’s care. He was diagnosed with “acute pancreatitis, accompanied by interstitial edematous changes.” These symptoms were said to be due to “a serious viral infection and chemical substances which are not normally found in food products” as his campaign officials put it. In laymans terms, he developed an infection in the pancreas and got a bad skin condition that disfigured his face with cysts and lesions. The skin condition has similarities with the chloracne associated with dioxin posioning according to a British toxicologist John Henry.

• Viktor Yushchenko (left) as he appeared in July 2004 and (right) as he appeared in November after the poisoningImage: Gleb Garanich/Vasily Fedosenko/Reuters.

Wednesday, December 16, 2009

A report published last week in the Toronto Star by Professor Michael Geist of Canada’s University of Ottawa claims a copyright case under the Class Proceedings Act of 1992 may see the country’s largest players in the music industry facing upwards of C$6 billion in penalties.

The case is being led by the family and estate of the late jazz musician Chet Baker; moving to take legal action against four major labels in the country, and their parent companies. The dispute centres around unpaid royalties and licensing fees for use of Baker’s music, and hundreds of thousands of other works. The suit was initially filed in August last year, but amended and reissued on October 6, two months later. At that point both the Canadian Musical Reproduction Rights Agency (CMRRA) and Society for Reproduction Rights of Authors (SODRAC) were also named defendants.

January this year SODRAC and CMRRA switch sides, joining Baker et al. as plaintiffs against Sony BMG Music, EMI Music Canada, Universal Music Canada and Warner Music Canada. David A. Basskin, President and CEO of CMRRA, with a professional law background, stated in a sworn affidavit that his organisation made numerous attempts over the last 20 years to reduce what is known as the “pending list”, a list of works not correctly licensed for reproduction; a list of copyright infringements in the eyes of the Baker legal team.

The theoretical principle of the list is to allow timely commercial release while rights and apportionment of monies due are resolved. Basskin complains that it is “economically infeasible to implement the systems that would be needed to resolve the issues internally”. And, “[…] for their part, the record labels have generally been unwilling to take the steps that, in the view of CMRRA, would help to resolve the problem.”

The Baker action demands that the four named major labels pay for and submit to an independent audit of their books, “including the contents of the ‘Pending Lists'”. Seeking an assessment of gains made by the record companies in “failure or refusal to compensate the class members for their musical works”, additional demands are for either damages and profits per the law applicable in a class action, or statutory damages per the Copyright Act for copyright infringement.

This forms the basis for Professor Geist’s six billion dollar calculation along with Basskin’s sworn testimony that the pending lists cover over 300,000 items; with each item counted as an infringement, the minimum statutory damages per case are CA$500, the maximum $20,000.

Basskin’s affidavit on behalf of CMRRA goes into detail on the history leading up to the current situation and class action lawsuit; a previous compulsory license scheme, with poor recordkeeping requirements, and which, had a decline in real terms to one of the lowest fees in the world, was eventually abolished and the mechanical license system introduced. The CMRRA went on to become a significant representative of music publishers and copyright holders, and the pending list an instrument to deal with situations where mechanical rights were as-yet not completely negotiated. Basskin’s affidavit claiming the list grew and circumstances worsened as time progressed.

The Mechanical Licensing Agreement (MLA) between the “majors'” industry body, an attached exhibit to the affidavit, is set to expire December 31, 2012; this is between CMRRA and the Canadian Recording Industry Association (CRIA). With the original MLA expiring at end September 1990, CMRRA negotiated more detailed terms and a “code of conduct”. Subsequent agreements were drawn up in 1998, 2004, 2006, and 2008.

Basskin asserts that the named record company defendants are the “major” labels in Canada and states they “are also responsible for creating, maintaining and administering the so-called “Pending Lists” that are the subject of the current litigation”; that, specific to publishing, divisions of the four represent the “‘major’ music publishers active in Canada”. Yet the number of music publishers they represent has decreased over time due to consolidation and defection from the CRIA.

Geist summarizes the record company strategy as “exploit now, pay later if at all”. This despite the CMRRA and SODRAC being required to give lists of all collections they represented to record labels, and for record labels to supply copies of material being released to permit assessment of content that either group may represent interested parties for. Where actual Mechanical License Agreements are in place, Basskin implies their terms are particularly broad and preclude any party exercising their legal right to decline to license.

Specific to the current Mechanical Licensing Agreement (MLA) between the CMRRA and the CRIA; a “label is required to provide an updated cumulative Pending List to CMRRA with each quarterly payment of royalties under the MLA.” The CMRRA is required to review the list and collect where appropriate royalties and interest due. Basskin describes his first encounter with pending lists, having never heard of them before 1989, thus:

Alain Lauzon, General Manager of Canada’s Society for Reproduction Rights of Authors, Composers and Publishers (SODRAC) submitted his followup affidavit January 28, 2009 to be attached to the case and identify the society as a plaintiff. As such, he up-front states “I have knowledge of the matters set out herein.” Lauzon, a qualified Chartered Accountant with an IT specialisation, joined SODRAC in 2002 with “over 20 years of business experience.” He is responsible for “negotiation and administration of industry-wide agreements for the licensing of music reproduction and distribution”; licensing of radio and online music services use is within his remit.

Lauzon makes it clear that Baker’s estate, other rightsholders enjoined to the case, SODRAC, and CMRRA, have reached an agreed settlement; they wish to move forward with a class proceeding against the four main members of the CRIA. He requests that the court recognise this in relation to the initially accepted case from August 2008.

The preamble of the affidavit continues to express strong agreement with that of David Basskin from CMRRA. Lauzon concurs regarding growing use of “pending lists” and that “[…] record labels have generally been unwilling to take the steps that would help to resolve the Pending List problem.”

With his background as an authority, Lauzon states with confidence that SODRAC represents “approximately 10 to 15% of all musical works that are reproduced on sound recordings sold in Canada.” For Quebec the figure is more than 50%.

Lauzon agrees that the four named record company defendants are the “major” labels in Canada, and that smaller independent labels will usually work with them or an independent distribution company; and Basskin’s statement that “[t]he responsibility to obtain mechanical licenses for recordings manufactured and/or released in Canada falls with the Canadian labels by law, by industry custom, and by contractual agreement.”

Wikinews attempted to contact people at the four named defendant CRIA-member record labels. The recipient of an email that Wikinews sent to Warner Brothers Canada forwarded our initial correspondence to Hogarth PR; the other three majors failed to respond in a timely fashion. Don Hogarth responded to Wikinewsie Brian McNeil, and, without addressing any of the submitted questions, recommended a blog entry by Barry Sookman as, what he claimed is, a more accurate representation of the facts of the case.

Sookman is a lobbyist at the Canadian Parliament who works in the employ of the the Canadian Recording Industry Association (CRIA). Hogarth gave no indication or disclosure of this; his direction to the blog is to a posting with numerous factual inaccuracies, misdirecting statements, or possibly even lies; if not lies, Sookman is undoubtedly not careful or “very qualified” in the way he speaks on the issue.

Sookman’s blog post opens with a blast at Professor Geist: “his attacks use exaggeration, misleading information and half truths to achieve his obvious ends”. Sookman attempts to dismiss any newsworthiness in Geist’s article;

As the extracted [see right] stamp, date, and signature, shows, the court accepted amendments to the case and its submission, as Professor Geist asserts, on October 6. The previously mentioned submissions by the heads of CMRRA and SODRAC were indeed actions within the past year; that of SODRAC’s Alain Louzon being January 28 this year.

Sookman continues his attack on Professor Geist, omitting that the reverse appears the case; analysis of his blog’s sitemap reveals he wrote a 44-page attack on Professor Geist in February 2008, accusing him of manipulating the media and using influence on Facebook to oppose copyright reform favourable to the CRIA. In the more current post he states:

This characterisation of the pending list only matches court records in that it “has been around for decades”. CMRRA’s Basskin, a lawyer and industry insider, goes into great detail on the major labels resisting twenty years of collective societies fighting, and failing, to negotiate a situation where the labels take adequate measures to mechanically license works and pay due fees, royalties, and accrued interest.

What Sookman clearly overlooks is that, without factoring in any interest amounts, the dollar value of the pending list is increasing, as shown with the following two tables for mid-2008.

As is clear, there is an increase of C$1,101,987.83 in a three-month period. Should this rate of increase in the value of the pending list continue and Sony’s unvalued pending list be factored in, the CRIA’s four major labels will have an outstanding debt of at least C$73 million by end-2012 when the association’s Mechanical Licensing Agreement runs out.

Saturday, October 11, 2008

Relations between Iceland and the United Kingdom are deteriorating after the two nations fell out over the current financial crisis. When Iceland nationalised first Landsbanki and then Kaupthing Bank the Financial Services Authority only took on domestic assets, leaving British customers with subsidiary banks out of pocket. While Britain feels Iceland should also pay out to their citizens, Iceland blame the UK for triggering the crisis by using the Anti-terrorism, Crime and Security Act 2001 to freeze the UK assets of Icelandic banks.

UK Prime Minister Gordon Brown says Iceland should pay out up to €20,887 (£16,448) of UK investors’ money in the banks, particularly Icesave, an online company owned by Landsbanki which had around 300,000 accounts owned by UK customers. It will cost an estimated 2.4 billion pounds to compensate them, and it looks likely the UK will foot that bill.

Alistair Darling, the U.K. Chancellor of the Exchequer, has said that individuals with accounts will see their money again but other accounts are not guaranteed – leaving governmental, corporate and charitable deposits at risk of being lost. UK local authorities could lose £799 million.

“The prime minister made clear the behavior of the Icelandic authorities had been unacceptable, and we had found it very difficult to get information from them,” said Michael Ellam, a spokesperson for Brown. A delegation has been sent to Reykjavik from the UK to try and solve the dispute amicably.

However, fears that the crisis may escalate have led to the pound becoming heavily devalued. The pound hit its lowest level for five years versus the US dollar after Brown threatened to freeze the assets of all Icelandic companies in the UK, which employ around 100,000 people.

The last time the two nations had a dispute, dubbed the Cod Wars, was in the 1970s. Iceland declared an exclusive fishing zone and began to cut the nets of British trawlers entering the area. That dispute came to a head in 1976 when a UK naval vessel with nuclear arms rammed an Icelandic ship that had been cutting nets. After this a compromise was reached to allow a limited number of British ships in the area.

Wednesday, April 18, 2012

Authorities have confirmed that a student at Texas State Technical College-Marshall was found dead in his on-campus room around 9am CDT yesterday.

Emergency personnel were notified and CPR was performed on the student, without success. Authorities state that foul play is not suspected. Campus police and local law enforcement are conducting a full investigation. A campus representative told media sources that the cause of death has not yet been determined.

Just last year, a student at the college died from gunshot wounds he’d sustained while attending an event at a community center located on the outskirts of the city. Shortly following that incident, the school initiated a short-term controlled access plan, restricting much of the traffic into and out of the campus.

The school is one of several campuses in the TSTC system. According to a press release on the campus’s web site, the student’s name had not been yet released. The school is reportedly offering counseling sessions to all students throughout the week. A phone call to a campus representative made shortly before 4:00pm CDT was not immediately returned.

Friday, February 5, 2010

Global stock markets fell steeply on Thursday on investor concerns about the growing sovereign debts of European Union member states Greece, Portugal, and Spain. A report of a rise in weekly jobless claims in the United States contributed to the market gloom. The MSCI World index fell the most in over nine months. Currency and commodities markets also posted major moves.

The euro fell more than one percent against the US dollar to an eight-month low; against the yen it fell 2.2%, approaching a one-year low. The price of crude oil fell 5% to US$73.14 per barrel and gold slid 4.4% to US$1,063 per ounce.

Greece’s Prime Minister, George Papandreou, announced an austerity program, but that is now threatened by plans by the largest trade union for a national strike. In 2009, Greece’s budget deficit was 12.7% of the nation’s gross domestic product (GDP). Papandreou’s plan called for that to drop to 3% by 2012.

Gary Jenkins of Evolution Securities told the Financial Times, “[t]he risk aversion trade is back on as the debt problems of Europe are for the first time bringing down global markets. Corporate earnings may come in strongly [in the US], but investors are more concerned about the possible default of a sovereign European nation.”

“This is a sovereign problem, and it’s hitting everything,” said Keith Springer of Capital Financial Advisory Services to Reuters. “If other European countries are having trouble like Greece, then it’s a big problem for banks, and the banks are the foundation for everything. European banks will be in trouble and that will carry over to all stocks.”

“The focus is shifting toward Spain and Portugal, where the deficit-reduction plans have been far less ambitious than Greece,” said Kornelius Purps of UniCredit Markets & Investment Banking to Bloomberg.

Concerns in Portugal centered on political tension surrounding a regional spending bill. In Spain, the source of worry was reportedly because the government backed down from promised pension reform.

European Central Bank President Jean-Claude Trichet sought to ease investor fears, in part by noting that the deficit in the US is expected to hit 10% of GDP in 2010, compared with about 6% in the eurozone. He said that he was “confident” that Greece is moving in the right direction.

Trichet did admit that it is of “paramount importance” for Greece, Portugal and Spain to get their public finances under control.

Tuesday, January 24, 2006

Warner Bros. Entertainment (a division of Time Warner, Inc.) and CBS Corporation announced today the merger of their two struggling television networks together to form one jointly owned network which will debut this fall.

The new network, which is to be called CW (for CBS-Warner) will replace UPN and The WB networks, which will shut down. The network will be a 50-50 partnership between CBS and Warner Brothers. The network will be carried on stations owned by the Tribune Company, amongst others.

The merger is in response to the struggling of both networks, neither of which have attracted much viewership away from the big four networks since they being formed in the early 90s. However each have had some strengths. The WB has been more popular with younger viewers and has had hits with television shows Smallville and Gilmore Girls. UPN has recently received critical acclaim for its sitcom Everybody Hates Chris and World Wrestling Entertainment’s Smackdown! has been a mainstay since it debuted on the network. The new network’s schedule will be announced in May; until then the networks will operate their schedules independently. The new network is planning to target the 18-34 age bracket in prime time, and will contain both shows from the WB and UPN.

With UPN’s 12 affiliated station, together with Tribune’s 16 stations gives the new network coverage over half of the country. The Tribune stations that will be apart of the new network is WGN in Chicago, WB flagship station, WPIX in New York and KTLA in Los Angeles. WPIX will become the flagship station of the new network. Tribune will relinquish its 22.5% stake in the WB in return for a 10-year affiliation agreement with the network in turn.

Dawn Ostroff, currently the president of UPN, will become president of entertainment and John Maatta, currently the chief operating officer of the WB, will become chief operating officer of the CW.