Two Headlines: Castro kills three, Bolivian praises Venezuelan following Cuba

April 12, 2003

Two headlines in Venezuela’s daily El Nacional:


Castro’s firing squad kills three hijackers of ferry (Front page and page B-10)


The three were found guilty of hijacking the ferry, there were no injured or harmed or killed, eight others were found guilty and face prison terms from two years to life. Interesting how quiet the US media is about this (except Miami papers, of course). There were only nine days between the hijacking and the sentencing, demonstrating its political nature. Where are all the Human Rights organization’s today?


Evo Morales: Venezuela is in the process of becomeing a second Cuba (Front page and page A-5)


Now, don’t get Mr. Morales wrong, he is actually very happy about this. As Head of Bolivias’ coca growers, he is delighted that we are going towards the Cuban model. According to him, this is wonderful, even if poor people are doing worse. In fact, in his rampant ignorance he says that in Bolivia GDP is growing, but he can’t see how people are doing better. Well, here GDP is shrinking but we can actually see how people are doing worse, but that is irrelevant to him. As a matter of fact, critical poverty under Chavez has become worse than Iraq’s! But you know, I must be a technocrat that only thinks of stupid numbers.  Let’s grow more coca! Mr. Morales was invited to “celebrate” the anniversary of the Miraflores Massacre, which to him was “the people defending the Chavez Government” somehow.


So, after reading the front page, should I be estatic that my country is becoming a second Cuba? What does Mr. Morales have in his brain? Coca? Derivatives of Coca? If we are becoming Cuba, it is clear who has the weapons: The Government, not the opposition……


 


New camera, new pictures

April 12, 2003


Tolumnia species, can’t find which one          Phal. Balban’s Kaleidoscope



Laelia Lobata                                                     Ctna. Why Not


Playing with my new camera, still trying to figure out how best to take close up macro pictures. Lot’s of fun!


Is linking illegal?

April 12, 2003

 


received the following e-mail a couple of days ago:


 


 You are using our image with out permission on your website.  We have a
 $2,000.00 copyright infringement fee that is automatic when you violate
 our copyrights!  Please give me your mailing address so I can send you
 the bill.  Once you pay the bill you can continue to use our photo on
 your website for the rest of this year, but as it stands, its been up
 for quite a while now.  Please send me your updated mailing address or
 we can find that with our lawyers.  If we need to hire our lawyers to
 collect this fee its going to be much more then the $2,000.00 (in order
 to pay the lawyers).   Your choice.
 
 Sincerely,
 
 Jimmy Dorantes
 Director and CEO of Latin Focus ((c)L.F.)


 


I obviously did not like it. In particular the tone was not only not very nice, but it also sounded almost like a scam, maybe you send thousands like this and some people will actually send the money in. A second reason was the fact that it did not even mention the image that I had used. Third, what is this “automatic copyright infringement fee”?.


 


So I replied and an answer came back pointing to an approximate location where this image was. It turns out I was not “using” the image; I was linking to their image on their website. The image itself indicated that they had a copyright on it. Thus, I was being threatened for linking. After a little research I have discovered a number of things:


 


Linking is considered to be legal as no case has said that direct linking to the source is illegal. This reference is perhaps the most complete I found to the issue and within my limited understanding it appears to conclude that  it is legal  “because the linking party is not doing anything that seems to involve a direct manipulation of the copyrighted materials at all” . In fact, the ACLU has aided in cases against linking because it considers it to be part of free speech. So, I could probably get free legal counsel.


 


-In one case linking was declared illegal if you linked to what was considered an illegal copy of the software to decode DVD’s. Similarly, some organizations have asked people to remove hyperlinks to illegal sites or illegally copied material, such as the case of a terrorist site and the University of California in San Diego.


 


-There is one case in Denmark where a Court ruled the practice of “Deep linking” illegal. The decision basically said you could link to the main page of a site but not specific items. I remembered that I still have a bank account in Denmark, from the time I was a visiting Prof. there in the eighties. Last I saw it had five bucks in it, so I guess they could sue me there.


 


-It is also interesting to consider the fact that my website is not for profit. I do not even have a Pay Pal link. Maybe I could declare The Devil’s Excrement under Chapter 11. In fact, if you say my time does not count, I am down forty bucks with this site so far. Well spent, but I certainly have not profited in any way from the linking to the image. Even if I had, I wonder if I could argue that I would only have to pay them the fraction of clicks on the link to their site divided by all the clicks ever made to my site. Given that it is not the most visited part of my website, it would be a miniscule amount anyway, even if mine was a well-visited, for profit site.


 


-I also found opinions on the web that if someone does not want his/her site linked it, it should say it on the home page explicitly and prominently. However, others disagree on this and this site has the policies of some companies. In any case, the only warning in the Latin Focus page (home page under warnings, no deep linking involved) is, as of today:


 


No images may used for other websites or published in any way, medium or media without written permission and appropriate fees paid to Latin Focus for each use


 


Notice it says you can’t use it in your website, but it does not say you should not link to their site.


 


-Prof. David Dorkin has a web site about the topic and I love this quote from him: “Linking policies demonstrate ignorance”


 


-There are other interesting possibilities. Venezuela has exchange controls, not a single dollar has been given out for essential imports in the last 80 days by the Government. Even if I lost the suit, how could I pay them? How much will the money at the official rate be worth by the end of the process? Will they sue here? Do they know the justice system does not work here? Ummm…..maybe I could get Daintily Dirty to send them a pair of panties and that will settle it……


The anti-coup?

April 12, 2003

For a year we have been hearing that Hugo Cahvez never wanted to resign, that he almost did so under duress. That he never signed anything. That he was kidnapped by some military officers. Well, today the Attorney General, former Chavez’ Vice-President Isaias Rodriguez, provided a “new” version. Surprisingly, the Attorney General says that Chavez wanted to resign but four Generals opposed it. According to Rodriguez, Chavez imposed his conditions on his resignation but the four Generals did not approve. Now this revised version of history is quite different from the “coup” that the world has been convinced took place. In fact, it disagrees with the version provided by Chavez himself today. If four Generals opposed his resigantion, then these Generals were the “anti-coup”. One should also ask: Why was Chavez ready to resign? Guilt? Given that there is testimony of how Chavez had planned to defend himslef using the bolivarians cricles, this points out once again towards a central role by Chavez himself in the shootings that took place a year ago.


Note: Yes, one could consider what Pedro Cramona did the next a day a coup, it did violate the Constitution, but it is as much of a coup as Chavez’ resigantion was one. Under the law, he left the Presidency and resigned.


April 11th.: Day of shame or year of shame?

April 11, 2003

Not much new can be said about today. To me it is the Anniversary of a shameful day. To the Chavez Government it is a time for celebration, a celebration as empty as their revolution. Nothing more fitting to me that to post this from today’s Tal Cual front page, the list of those that were killed one year ago. Today, not one person is in jail for what is now called the massacre of Miraflores. A day of shame or a year of shame? You be the judge, to me it is very clear.


 


King of Spain award to two Venezuelan TV cameramen

April 10, 2003

Two Venezuelan cameramenn from channel 4, received yesterday the “King of Spain” award for their video of the April11 th. massacre. Those seeing shooting at the peaceful march in the video were freed last week and President Chavez and those accused have actually said that the video is not real and that it was edited……


Amnesty International on the anniversary of the April 11th. tragedy

April 10, 2003

Amnesty International issued today a report on Venezuela on the anniversary of the April 11th. tragedy. Here are some quotes:


“It is time that both the government and opposition stop attempting to use the events of April 11 to serve their political agendas and instead create the climate in which the facts can be established, justice can be secured and the victims can receive reparations.”


“The recent dismissal of murder charges against those accused of shooting from the Puente Llaguno, and the failure to charge Metropolitan Police implicated in the deaths and injuries suffered on 11 April, demonstrate the weakness of the official investigation. It also raises serious concerns about the capacity of the state to effectively prosecute all those responsible,”


“Impunity for human rights violations leaves the victims and their families without redress and encourages further violations. This can only fuel the climate of violence undermining the rule of law and human rights in Venezuela.”


“Impartial and effective investigations into human rights violations committed in April 2002 and subsequent incidents are the only means of rebuilding confidence in the police and criminal justice system and ending the climate of impunity,”


While I agree that April 11th. should not be used by either the Government and the opposition for tehir own political gain, I disagree on blaming the opposition for the absence of a “truth” commission. Such a commission does not existe simply because Chavez’ MVR blocked all efforts for it through its majority in the National Assembly.


All the Deputies you would love to call

April 10, 2003

Somebody took the trouble of compiling the home and cellular phone numbers of all of Chavez’ Deputies in the National Assembly. If you have anything to say to them please call them and tell them. Here is the full table, courtesy of CEF


CELL AND HOME TELEPHONES OF MVR DEPUTIES


Chirac the cynic

April 10, 2003

I simply can’t believe this quote:


“France, like every democracy, is rejoicing over the collapse of Saddam Hussein’s dictatorship, and hopes for a quick and effective end to the battle.”


if Jacques Chirac can say that now, he is more of a cynic than I ever believed possible.


Two leftist groups, separate ways, separate events

April 10, 2003

While the European left comes to Venezuela to “celebrate” the anniversary of last year’s events, which is obscene on its own right, the Venezuelan left held a seminar yesterday to talk about the fraud that Chavez’ revolution represents. The event was organized initially by most center-left and left wing parties in Venezuela, but the Democratic Coordinator decided to join  in the effort. Ironic how distance makes the European left think that there is something worthwhile left in Chavez’ revolution while the local left, together with the federation of unions comes together to talk about the frudulent revolution.