Showing posts with label legal. Show all posts
Showing posts with label legal. Show all posts

Saturday, September 5, 2009

Azerbaijani Bloggers Jailed

Two Azerbaijani bloggers (Adnan Hajizade, 26, and Emin Milli, 29) have been arrested and face up to five years in jail for uploading a video of one of the bloggers in an oversized grey suit giving a press conference. The video shows the donkey at the head of a table surrounded by journalists. The video is a parody of one of Azerbaijan's notorious "news-conferences" that act as propaganda pulpits for the government. This is the latest example of the Internet crackdown that has been seen across the ex-Soviet state.

The two youths have been officially charged under hooliganism laws, and the police say that the pair were also involved in a "scuffle at a restaurant". Independent reports have indicated, however, that the "scuffle" is simply an excuse to hold the pair under a two-month pre-trial detention order. There is no question that it is a political arrest. Their trial is scheduled to begin in Baku on September 4.

Speaking to the BBC, Elsa Vidal - Europe desk officer with Reporters Without Borders - said that press freedoms in Azerbaijan were almost non-existent, making it "one of the black spots of the former USSR. The situation is still severe and local public servants enjoy virtual immunity from an investigation from the press when they try and expose corruption. There are no grounds for the bloggers to be prosecuted. They should be released and all accusations should be dropped. The authorities have more to lose in jailing the bloggers than in freeing them, but who knows what will actually be said at the trial?" she added.

The UN Human Rights Committee has also raised similar concerns, saying there are "extensive limitations to the right to freedom of expression in Azerbaijan". A statement from the lawyer for Hajizade and Milli says that it was them who were attacked by two men and when they went to a local police station to file a complaint they were arrested on hooliganism charges. "This incident is definitely politically motivated. My clients did not beat anybody, quite the opposite," said the lawyer, Isakhan Ashurov.

Hajizade, the co-founder of the OL (To Be) youth movement and Milli, a co-founder of online television channel AN Network, are both Western-educated and central to a growing movement of young people who are using the Internet to criticise the Azerbaijan government. The main focus for these movements is Social Media such as Facebook, Twitter and YouTube.

Much of the criticism toward the government lately, has surrounded a new law in Kazakhstan that allows the closing of a website for three months if it is deemed to have intentionally published illegal information.

The arrests have gained a large amount of online and offline coverage and many of Hajizade and Milli's supporters have taken to creating even more online content through both blogs and Social Networking sites; including a Facebook Page with over 900 supporters and an online video petition.

In response to the growing support, a senior advisor to President Ilham Aliyev, Ali Hasanov, has said "People are not arrested in Azerbaijan because of political activity.... There was a scuffle between some young people and some of them were injured". He added, "Law-enforcement agencies are investigating the case and will give an impartial assessment".

Monday, May 18, 2009

Dark Night of the Soul


This isn't necessarily the most digital thing I've ever posted about but I had to share. I first stumbled upon Dark Night of the Soul earlier this year through a couple of extremely vague blog posts. Even though information was scant, I will admit that I was seriously excited about what I read. Not only did it seem that the whole project was fronted by Danger Mouse and Sparklehorse's Mark Linkous, two of my favourite artists, but the third major influence and driving force was to be David Lynch, my favourite director of all time.

Essentially Dark Night Of The Soul is a project album with songs written by Danger Mouse, Sparklehorse and a bucket load of the industries most respected singers (with all elements contributing to the overall composition and production). David Lynch comes in providing the 100+ page book of photography that provides the backdrop and narative to the whole project. The album was initially planned to be packaged with the book of photographs and released by the beginning May, but unfortunately in now looks like an offic release has been suspended.

A spokesperson for Danger Mouse has said, "due to an ongoing dispute with EMI" the book of photographs will "now come with a blank, recordable CD-R. All copies will be clearly labeled: 'For legal reasons, enclosed CD-R contains no music. Use it as you will.'"

A pity that's for sure, considering that the artists involved, in addition to Danger Mouse and Sparklehorse, include James Mercer of The Shins, The Flaming Lips, Gruff Rhys of Super Furry Animals, Jason Lytle of Grandaddy, Julian Casablancas of The Strokes, Frank Black of the Pixies, Iggy Pop, Nina Persson of The Cardigans, Suzanne Vega, Vic Chesnutt, Scott Spillane of Neutral Milk Hotel and The Gerbils.

You can order the book or poster, both without music, from the official Dark Night Of The Soul Web site. If you want to listen to the album (obviously I reccommend that you do!), yopu'll need to pop over to NPR Music.

Wednesday, May 6, 2009

Aussies Ban Sexist Ad (Shocker)

Don't get me wrong - I love Australia. I loved the time I spent out there (I presume there's a wiki article somewhere about how every Irish person must spend a year in Oz??) and I enjoy so much about Australian culture - beers, surf, the vast and expansive countryside, the skyscraper dotted cities, and the people.

But I'm not going to pretend that the Aussies are the most PC people I've ever spent time around.

So when I read that a Coke Zero ad had been pulled because it was deemed too sexist by their Advertising Standards Bureau, I was interested to say the least. Funny thing is, I don't think it's all that bad. Is this really any more demeaning to women then the Diet Coke Man was to men? Well, judge for yourself...

Saturday, May 2, 2009

Google's "iTunes for Books"

In an article in the Guardian it has been announced that Google is facing accusations of anti-competitive behaviour. The US Justice Department is reported to be currently investigating Google's dealings with the book industry. The investigation surrounds a $125m settlement that Google made with authors. Google have been trying for some time to create an "iTunes for books". Last September Google made significant progress with a deal that would allow the company to digitise millions of books in the US.

The deal followed two years of negotiations and was called a "great leap" by Google co-founder Sergey Brin. However the deal caused a lot of concern in a number of camps due to the exclusive rights that Google would gain to digitise "orphan works" (books that are still under copyright, but without any clear owner).

"There are legitimate antitrust issues related to Google's ability to solely commercialise this content," said Peter Brantley of the Internet Archive, a San Francisco-based organisation that documents millions of web pages and digitises out-of-copyright books.

In a move that pleased campaigners, a New York judge granted a four-month extension allowing those affected by the deal to examine the details and decide whether to opt out of it or not.

"We now have time to really sink our teeth into what this agreement will mean," said Gail Knight Steinbeck, chair of the Creative Property Rights Alliance and daughter-in-law of late author John Steinbeck.

The outcome remains to be seen, but I for one think that this is a pivitol case, and the result will have serious implications for all online and offline publications going forward.

Wednesday, April 15, 2009

Jillz Cider Advertising - Only for the Dutch

Heineken have finally released their first ad for their new cider brand, but you'll never see it on UK or Irish TV for a very good reason. Dutch laws are a lot more relaxed then in the British Isles when it comes to advertising and this ad is definitely against guidelines. The ad features four apple-picking, shirtless heart-throbs who proceed to sing a very boy-band style tune.

Heineken describes the ad campaign as being targeted at women with an "evolutionary instinct to discuss, judge and select attractive men".

"The four singing hunks do not address women as the usual stereotypes of house wife, sex kitten, blonde bimbo or business bitch," Heinenken states in a press release. "Instead the ad aims at a more elementary level of their femininity, the evolutionary instinct to discuss, judge and select attractive men."

Pink and Poodle, the agency behind the ad, says it specialises in targeting hard-to-reach groups such as "women, youth groups and subcultures". Apparently the ad, which features plenty of sexual innuendo is designed to turn the current "alpha male"-dominated ad world on its head.

"Watching it [the ad] could be an ego-crunching experience for beer bellies everywhere," the release claims.

Saturday, March 14, 2009

Casino Obama Ad

A new tv ad for the opening of a new casino in America has been pulled following a request from the Obama administration. The ad features a really good Obama sound-alike. I think it's hilarious but they had to know it'd be pulled, so you have to wonder if that's the bigger campaign idea - create an ad that you know will be requested to be pulled but will not get you sued.

Wednesday, January 14, 2009

I’m still clinging to my BlackBerry

In the last couple of weeks a number of high profile sponsorships and advertising deals have come to light. Michael Phelps will be promoting Mazda (in China) in a deal reported to be worth $1 million. Jerry Seinfeld was in the news with the news that his recent Microsoft television work netted him a cool $10 million.

The biggest deal of them all, however, didn’t make many news stands. Nor did it make the lead man any money. Still, Barack Obama’s constant praise and glorification of his favourite companion, his Blackberry, has been estimated to be worth more then $25 million.

$25 million!

The future leader of the free world has never hidden his love of the Blackberry but in the coming weeks, he’ll finally be forced to give it up. Due to security and legal concerns the newest President of the USA will not be able to continue using the Balckberry.

Barack Obama is quoted as having said, “I’m still clinging to my BlackBerry,” “They’re going to pry it out of my hands.”

Thursday, January 8, 2009

Opinion or Fact?


On January 26th the New York court system will be asked to judge the case of Cohen vs. Google. You may or may not know who Liskula Cohen is, but I doubt you have any idea what Skanks in NYC is. For all of (us) those who have managed to live their lives without any awareness of the site, let me explain.

The “Blog” site was created on August 21st 2008, and to date has only had 5 posts. All of these posts were posted on August 21st. There’s a picture forming, right.

The “Blog” details the personal life of Liskula Cohen, and her status as a ‘skank’ in New York. According to one of the posts, the site "would have to say that the first place award for 'Skankiest in NYC' would have to go to Liskula Gentile Cohen”. It goes on to say that she is a "psychotic, lying, whoring ... skank.".

Unfortunately for Ms. Cohen the site has had a seriously negative effect on her career. She stated that her current employers "mentioned the blog and expressed concern about my suitability to serve as a spokesperson and representative for the client's products".

As the site is hosted by Google's Blogger service, Cohen is asking the court to order Google to disclose information including the blogger's name, address, telephone number and email. Google’s policy is to not reveal bloggers' identities without a court order.

The difficulty here is that the court must be convinced that the site is defamatory (i.e. based on fact) and not just a statement of opinion. Should the court decide it is opinion, Ms. Cohen will not have any right to the “Bloggers” information.

Cohen, who in the past appeared on the cover of Australian Vogue, alleges in the complaint that the blog has drawn the attention of other people, including a current client. "These people mentioned the blog and expressed concern about my suitability to serve as a spokesperson and representative for the client's products," she alleges.

Interestingly, a Californian court previously held that calling someone a "skank" was not libel as it's not a factual statement.

Tuesday, July 1, 2008

eBay pay up €40m

Ebay has finally paid the price for the countless counterfeit goods that populate the website. A French court has ordered eBay to pay Louis Vuitton €40m. This is a landmark in both online sales and counterfeit goods actions. The LVMH (Moet Hennessey Louis Vuitton) claim was based on eBay not taking proper measures to prevent the sale of counterfeit goods and to continually allow genuine products to be sold outside their proper retail channels.

The case has been with the Paris Tribunal de Commerce for over two years. The actual payment will be split between Louis Vuitton and Christian Dior Couture. The company's fragrance brands were awarded around €3.75m.

Although Ebay will appeal the ruling, and have made a counter claim that LVMH is attempting to "protect uncompetitive commercial practices at the expense of consumer choice and the livelihood of law-abiding sellers that eBay empowers every day", it is doubtful they will receive any leniency.

Friday, June 6, 2008

You Pay for a Post Like That

Ireland has seen the passing of a landmark judgement in the Social Networking world. Under the 1951 Post Office Amendment Act, a 27 year old man has been fined €3000 for a post he put on a 16 year old girls social network profile. Described as "outrageous" by the Judge, the mans post was not detailed but is believed to have attacked the girls sexual habits.

The case, a first of it's kind, has solidified the reach of the 1951 Act as a governance over materials communicated by any telecommunication channels. The outcome comes amidst a continued growing concern about bullying on Social Network sites.

In Ireland at least, it would seem we all now need to watch what we say online. IMHO this is nothing but a good thing.

Wednesday, May 21, 2008

British Bill May Force ISPs to Hand Over Online Activity, Emails, VOIP Calls and Text Messages

It has come to light this week that the British Home Office is currently considering a proposal that would require all British ISPs and telecoms companies to make available billions of records of customer emails, internet usage, VOIP calls, and text messages.

According to Reuters, if passed, the Communications Data Bill would allow police and security services access to this information, with court approval. The aim is to "help security forces in the fight against crime and terrorism."

Currently, all phone calls and text messages within the EU are kept for 12 months as part of an EU anti-terrorism ruling.

"The changes to the way we communicate, due particularly to the Internet revolution, will increasingly undermine our current capabilities to obtain communications data and use it to protect the public", said a statement from The Home Office. "To ensure that our public authorities and law enforcement agencies can continue to use this valuable tool, the government is planning to bring forward the Communications Data Bill."

The draft bill is expected to be released later in the year, but the plan has yet to be discussed by ministers.

Tuesday, May 20, 2008

Micro-Hoo Round 2

I remember remarking recently about a PR instance involving a large Irish beverage company – just when it seemed that the worst thing possible was going to happen the company came out with a “new” plan to reduce the loses while still achieving it’s goal of restructuring. I wondered was plan A ever an actuality or was it a precursor to plan B so as to soften the blow?

So I wonder here, did Microsoft make a bid for the whole company knowing it would not succeed, to be able to come back with a lesser offer which suddenly seems far more acceptable to both parties? Did Microsoft ever want anything more then search?

I doubt it. If this move is successful, Microsoft will jump to second place and become the second most powerful search engine marketing and optimisation company, only next to Google. Suddenly its competition would now be directly with the leading firm, giving it the opportunity to climb the ladder faster than it could do competing with two more powerful companies.

So, with bated breath, we wait. What wil Mr. Yang and his board do. Either way I think a speedy decision will be made considering all the internal and external pressures.

Monday, April 28, 2008

Can you trust your ISP?

For some time now I’ve been seeing posts popping up on various blogs and forums, all of them asking the question – is your ISP tracking our surfing?

Three different techoblogs that I subscribe to swear that there is no way to know for sure. Due to the point of information flow that your ISP sits, they could monitor, record and analyse every move you make on the net without your knowledge. There are however people out there who claim that they not only know that ISPs are doing this but they’ve caught them doing it.

So the question isn’t are they doing it, but how and why are they doing it.

The level of information an ISP can gather on the individual is huge. Every email you read, every website you visit and the exact time of day and length of time you do it all, passes straight through their systems. So it’s not a long stretch of the imagination to realise why. With demographical information like this, the potential for advertising targeting is unsurpassed.

To do it however, an ISP needs to sell that information to someone who can use it. So, step in Phorm. Professional adware merchants, Phorm form the connection between ISPs and advertisers.

Thankfully there are members of the public out there who are pitting their skills and talent against these people. One of my, now essential, plugins for Firefox on all the pcs I use is Deformation. This nifty little plugin will prevent Phorm from functioning, unfortunately if you ISP is working with NebuAd or Front Porch it can’t help. So what to do?

Well for now, the only thing is to keep a constant eye on you line and make sure you read every bit of info your ISP throws at you.