No, you’re not entitled to your opinion

Every year, I try to do at least two things with my students at least once. First, I make a point of addressing them as philosophers — a bit cheesy, but hopefully it encourages active learning.

Secondly, I say something like this: I’m sure you’ve heard the expression ‘everyone is entitled to their opinion’. Perhaps you’ve even said it yourself, maybe to head off an argument or bring one to a close. Well, as soon as you walk into this room, it’s no longer true. You are not entitled to your opinion. You are only entitled to what you can argue for.

A bit harsh? Perhaps, but philosophy teachers owe it to our students to teach them how to construct and defend an argument — and to recognize when a belief has become indefensible.

The problem with I’m entitled to my opinion is that, all too often, it’s used to shelter beliefs that should have been abandoned. It becomes shorthand for I can say or think whatever I like — and by extension, continuing to argue is somehow disrespectful. And this attitude feeds, I suggest, into the false equivalence between experts and non-experts that is an increasingly pernicious feature of our public discourse — via redwolf.newsvine.com

Governments Seek Control Of Internet

It is the most important meeting you’ve never heard of — a behind-closed-doors battle for control of the internet that one of the web’s founders fears may put government handcuffs on the net.

The International Telecommunications Union (ITU), a United Nations organisation representing 193 countries, is reviewing international agreements governing telecommunications with a view to expanding its regulatory authority over the internet.

The ITU will hold a summit in Dubai in December where member countries will negotiate a treaty (last updated 24 years ago in Melbourne) that sets out regulations on how international voice, data and video traffic is handled — via redwolf.newsvine.com

Pakistani Activist, 14, Is Shot by Taliban

A spokesman for the Taliban in Pakistan’s Swat Valley took responsibility for the shooting on Tuesday of a 14-year-old activist who is an outspoken advocate of education for girls. The attack on Malala Yousafzai, who was shot in the head on her way home from school in Mingora, the region’s main city, outraged many Pakistanis, but a Taliban spokesman told a newspaper that the group would target the girl again if she survived.

Ehsanullah Ehsan, a spokesman for Tehrik-e-Taliban Pakistan, commonly known as the Pakistani Taliban, told Reuters in a telephone interview that Malala was pro-West, she was speaking against the Taliban and she was calling President Obama her idol. He acknowledged that she was young but said that she was promoting Western culture in Pashtun areas, referring to the ethnic group in northwest Pakistan and eastern Afghanistan whose conservative values the Taliban claims to defend.

Another girl, one of two others wounded in the attack, said in a television interview with Pakistan’s Express News that a man had stopped the school bus and asked which girl was Malala before opening fire — via redwolf.newsvine.com

eBay frets as right to resell comes under scrutiny

eBay has launched a grass roots campaign to defend America’s first sale doctrine, as a Supreme Court hearing approaches that could subject second-hand and resale trades to the approval of rights-holders.

The online auctioneer is lobbying in defense of the first sale doctrine, and has launched eBay Main Street to mobilise its merchants.

The first sale doctrine — in essence, your right to sell your property — will be put under the spotlight in a case sparked by a student reselling textbooks bought outside the USA.

At issue is a decision by a lower court that as far as books are concerned, the doctrine only applies to copies made in America — a decision that forbids what Australians would recognise as parallel imports.

Rather than being confined to books, however, the Appeals Court ruling in the case of Kirtsaeng v John Wiley & Sons soon to be examined by the Supreme Court covers all copyright works — via redwolf.newsvine.com

Japan introduces piracy penalties for illegal downloads

Japan-based internet users who download copyright infringing files face up to two years in prison or fines of up to two million yen ($25,700; £15,900) after a change to the law.

Such activity has been illegal since 2010, but until now had not invoked the penalties.

It follows a lobbying campaign by country’s music industry.

But critics said that efforts should have remained focused on stopping users making such material available.

In Japan illegal uploads of copyright infringing music and videos carry a maximum 10 year prison sentence and a 10 million yen fine.

Sales figures suggest the country is the world’s second-largest music market after the US — via redwolf.newsvine.com

Evangelist preaching ban heads to High Court

Two evangelists have become the unlikely standard bearers for free speech in Australia as they fight a council ban on their preaching.

The brothers’ fire and brimstone sermons had become a regular piece of street theatre on Friday evenings in Adelaide’s CBD.

Brothers Caleb and Samuel Corneloup used the popular shopping precinct of Rundle Mall as a pulpit, preaching their version of the gospel and attracting protests from those opposed to their views.

But what started as a passionate public debate over morality has found its way to the High Court, where it could become a judgement on freedom of speech.

It was retailers who first called for action against the street preachers, telling the Adelaide City Council that the weekly fracas was turning away shoppers.

We have had complaints, many complaints from traders and from passers-by who felt that they had been spoken to in an unreasonable manner, Adelaide City Council’s Peter Smith said — via redwolf.newsvine.com

Do Not Knock Signs Have Legal Effect

I loathe door-to-door salespeople, so this news makes me very happy: the Federal Court has slapped a $1 million fine on two electricity sellers for repeatedly ignoring consumer law. More importantly, the court finding also confirms the validity of do not knock signs.

Neighbourhood Energy and Australian Green Credits (who got taken to court by the Australian Competition and Consumer Commission back in May) had the fines imposed in part because staff repeatedly ignored do not knock signs and refused to leave premises when they encountered such signs. As such, ACCC chairman Rod Sims sees it as a major victory:

The effect of the Court’s order is that every time a salesperson ignores a visible do not knock sign on a consumer’s door, the company they represent is exposed to a maximum penalty of $50,000.

— via redwolf.newsvine.com

Former Copyright Boss: New Technology Should Be Presumed Illegal Until Congress Says Otherwise

One of the reasons why we live in such an innovative society is that we’ve (for the most part) enabled a permissionless innovation society — one in which innovators no longer have to go through gatekeepers in order to bring innovation to market. his is a hugely valuable thing, and it’s why we get concerned about laws that further extend permission culture. However, according to the former Register of Copyrights, Ralph Oman, under copyright law, any new technology should have to apply to Congress for approval and a review to make sure they don’t upset the apple cart of copyright, before they’re allowed to exist. I’m not joking. Mr Oman, who was the Register of Copyright from 1985 to 1993 and was heavily involved in a variety of copyright issues, has filed an amicus brief in the Aereo case (pdf).

As you hopefully recall, Aereo is the online TV service, backed by Barry Diller, that sets you up with your very own physical TV antenna on a rooftop in Brooklyn, connected to a device that will then stream to you online what that antenna picks up. This ridiculously convoluted setup is an attempt to route around the ridiculous setup of today’s copyright law — something that Oman was intimately involved in creating with the 1976 Copyright Act. The TV networks sued Aereo, but were unable to get an injunction blocking the service. Oman’s amicus brief seeks to have that ruling overturned, and argues that an injunction is proper.

But he goes much further than that in his argument, even to the point of claiming that with the 1976 Copyright Act, Congress specifically intended new technologies to first apply to Congress for permission, before releasing new products on the market that might upset existing business models — via redwolf.newsvine.com

Police barter data retention against Australians’ privacy

When Australian Federal Police (AFP) Commissioner Tony Negus told a parliamentary hearing yesterday that he would ideally like telecommunications customer data kept indefinitely, it was clear that he was engaged in bargaining with the government.

We would like to have it indefinitely, and if we had [our way], we would definitely like to see this held indefinitely, and then we can go back and reconstruct issues or crime scene events that happened many, many years ago. But we understand that is not practical in the context of costs associated with that, he told the committee.

He revealed that the AFP and other law enforcement agencies had asked the Attorney-General’s Department to keep so-called telecommunications metadata for longer — between five and seven years — but the department said that two years was more appropriate, given the privacy concerns and costs associated with implementing the changes. When the government released its discussion paper on the telecommunications reform proposals earlier this year, the backlash to even two years was strong.

Since then, telecommunications companies have flagged that — based on the European experience with data retention — six months is a more appropriate length of time to retain the data — via redwolf.newsvine.com

File-Sharing for Personal Use Declared Legal in Portugal

Hoping to curb the ever-increasing piracy figures in Portugal, local anti-piracy outfit ACAPOR reported the IP-addresses of 2,000 alleged file-sharers to the Attorney General last year. This week the Portuguese prosecutor came back with a ruling and decided not to go after the individuals connected to the IP-addresses. According to the prosecutor it is not against the law to share copyrighted works for personal use, and an IP-address is not enough evidence to identify a person — via TorrentFreak

Burglars should accept risk of being shot, says judge

A judge has told two burglars that if they choose to raid a home where the householders legally own a gun they should accept the risk of being shot.

Judge Michael Pert QC made his remarks as he jailed Joshua O’Gorman and Daniel Mansell for four years at Leicester crown court after they were blasted by Andy Ferrie’s shotgun while attempting to burgle his farm cottage in Welby, near Melton Mowbray, in the early hours of 2 September.

Rejecting a plea that he take into account the shooting, which injured and allegedly traumatised the defendants, the judge said: That is the chance you take.

O’Gorman, who was shot in the face, and Mansell, who was hit in his right hand, had pleaded guilty to the break-in at an earlier hearing.

Alan Murphy, prosecuting, said they had a string of convictions between them — via redwolf.newsvine.com

Law change for violent criminals condemned

Lawyers say a NSW government proposal to keep violent prisoners who show no signs of rehabilitation in jail beyond their imposed sentence is flawed and threatens to undermine the justice system.

The NSW Law Society says it has serious concerns about the legislation announced yesterday by the Attorney-General, Greg Smith, who said the changes were about protecting the community from the worst of the worst.

The changes, modelled on existing legislation for serious sex offenders, will allow the state to apply to the Supreme Court to have a violent prisoner kept in jail or placed under extended supervision upon their release. This can include the use of GPS tracking devices on released offenders.

The proposed laws follow a Sentencing Council report that said the government should introduce a continuing detention and extended supervision scheme for high-risk violent offenders — via redwolf.newsvine.com

NZ spooks acted unlawfully in Megaupload wiretap

New Zealand authorities have informed the nation’s High Court that individuals at the Government Communications Security Bureau (GCSB) acted unlawfully while assisting the Police to locate certain individuals subject to arrest warrantsin the case of Kim Dotcom’s Megaupload service.

New Zealand Prime Minister John Key issued a statement saying, in part, that “The Bureau had acquired communications in some instances without statutory authority.” That information is said to have led to the arrests of some involved in the case.

Key has also announced an inquiry into the GCSB’s role. The statement says the inquiry will be conducted by New Zealand’s Inspector-General of Intelligence and Security, Paul Neazor, whose role is spelled out here — via redwolf.newsvine.com

Going blind? DRM will dim your world

I said at the start of this polemic that there’s never been a better time to go blind: we are busy converting the world to digital, and digital is supremely easy to convert.

The web is particularly excellent for this: it runs to open standards and, in general, you don’t have to know or care anything about what browser, what operating system, what network providers, what servers or what back-end software is involved in getting content onto your screen. For most of the history of computing, such a scenario was purely theoretical: open standards — and only open standards — have allowed it.

Anywhere that open standards can be excluded, they are. Anywhere open standards are excluded, the game changes — the people who control a closed system are at liberty to manage it according to their business model, and are free to deny whatever they feel goes against their interests. Whether they are actually against the business’s interests, or whether they’re actually very advantageous to the customer, are secondary considerations — via redwolf.newsvine.com

Blowback from Sydney riots: ‘punch her for the police’

This is what blowback looks like:

In Sydney, a protest against a provocative film ends in scenes of violent clashes between some protesters and the police.

In Canberra, a young woman in a headscarf is confronted by a random stranger who offers to punch her for the police.

My smart, quick-witted friend has been taking martial arts classes, so I’m pretty sure that this bigot would have bitten off more than he could chew, had he actually tried to land a punch on her. Luckily for him, my friend told him that she’d prefer to be beaten up by the police rather than by him, and offered to call them on his behalf. He was left confused, but he can console himself that at least he didn/t feel the force of my friend’s Anaconda Choke.

Stories like these generate a range of contradictory responses even within the same individual, never mind an entire community. My most immediate response was pure, undiluted outrage. What the hell makes anyone think that they can treat my friend and other women like her in such a manner? To assume a licence to stand in judgement on a total stranger, and deliver the verdict in such a repulsive manner? Who does he think he is? Are we really supposed to respond to such abuse by showing how friendly and likeable and ordinary we can be?

(My friend, by the way, is both friendly and likeable, but not ordinary. They broke the mould when they made her. She’s extraordinary) — via redwolf.newsvine.com

Police handed data on myki users

Victoria’s public transport authority is increasingly handing over information about myki users’ movements to police, raising concerns that the smartcard is being used as a tracking device.

The Transport Ticketing Authority says police have made 113 requests about myki users since the smartcards were introduced in late 2009.

There have already been 71 requests for customer movements this year, more than three times the number of requests received last year.

Under the TTA’s privacy policy, police can make a written request for information about a customer’s movements without court oversight — via redwolf.newsvine.com

The Incredible Muslim Hulk proves to be no friend of Islam either

Where do I start? Perhaps with the viral image that will come to define this episode: a child who’d be three or four hoisting a sign triumphantly above his head blaring Behead all those who insult the Prophet while a woman, presumably his mother, thinks this is cute enough to capture on her smartphone. Alternatively, I could begin with the observation that the trailer for the anti-Islamic film that ostensibly started this all, Innocence of Muslims, is now a blockbuster, with YouTube hits in the millions thanks largely to the protesters around the world who think nobody should see it.

No. Let’s start with the fact that so few of the protesters who descended on Sydney’s CBD this weekend seem actually to have seen the film that so gravely offends them. When asked by journalists, they bluntly admit this, one even adding that she refuses to watch something so offensive. It’s almost impressive how cyclical this stupidity is. But it’s also instructive. In fact, this is the key to making sense of something so gobsmackingly senseless. The protesters — at least the ones quoted in news reports — know nothing except how offended they are.

That, you see, is all that matters. This isn’t about a film. It’s about an excuse. We know because we’ve seen it all before, like when Pakistani protesters vandalised American fast food outlets and burnt effigies of President George W. Bush in response to the Danish cartoons.

We know because so much of the weekend’s ranting was nakedly gratuitous: Our dead are in paradise, your dead are in hell. Pardon? Which dead? Weren’t we talking about a movie?

This is the behaviour of a drunkenly humiliated people: swinging wildly with the hope of landing a blow, any blow, somewhere, anywhere. There’s nothing strategic or calculated about this. It doesn’t matter that they are the film’s most effective publicists. It doesn’t matter that they protest using offensive slogans and signs, while protesting against people’s right to offend. It doesn’t matter that they object to insulting people on the basis of their religion, while declaring that Christians have no morals. This is baffling only until you realise these protesters are not truly protesting to make a point. The protest is the point — via redwolf.newsvine.com

Adoptees will no longer pay to see their records

The state government will waive fees for parents and adopted children to access their personal records as it prepares to give an apology for the state’s role in the unlawful and unethical removal of children in thousands of forced adoptions.

Hundreds of women forced to give up their children and adoptees have registered to be in Parliament on Thursday when the Premier, Barry O’Farrell, makes a public apology for the removal of newborn babies from mostly young, single mothers during the 1950s, ’60s and ’70s. A parliamentary inquiry in 2000 found the practices were not just unethical but also often illegal according to the laws of the time.

The Minister for Community Services, Pru Goward, said the government would waive the $135 fee from the Department of Community Services associated with accessing personal files. It would also increase funding to the Post Adoption Resource Centre– via redwolf.newsvine.com

Sydney sheikh in court over ‘female genital mutilation’

Police will allege the two girls had the procedure, which is also known as female circumcision, performed on them in NSW when they were aged six and seven within the past 18 months.

Three other people have been charged over the alleged genital mutilation.

Also arrested today was a 68-year-old woman who has been charged with two counts of prohibition of female genital mutilation.

Police will allege the woman performed the procedure on the girls.

She has been granted conditional bail and will face Campbelltown Local Court on 3 October.

A 42-year-old man and a 35-year-old woman were arrested last Friday and charged with two counts each of female genital mutilation. — via redwolf.newsvine.com