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Thursday, June 5, 2008

On June 3rd, 2008, two United States Internet service providers (ISPs) announced they would begin tests to slow web access for their most active customers and charge them for extra speed. Comcast and Time Warner Cable, two of the largest ISPs in North America, both made separate announcements of their plans. The actions come in the wake of an investigation by the Federal Communications Commission (FCC), over whether Comcast had restricted some customers from sharing videos, music, and similar files. The FCC investigation led to a US Congress debate over whether and how much control ISPs should have over the flow of customer data.

Public interest groups complained in November 2007 to the FCC that Comcast had specifically targeted customers using applications that made use of the BitTorrent system, a popular form of file sharing. Free Press, an advocacy group that pushes for better oversight of cable operators such as Comcast, stated that Comcast practices were discriminatory towards users of the legal technology. “The cable companies see a hammer hovering above their heads and are scrambling to find ways to reduce the appearance of wrongdoing,” said Ben Scott, head of the group.

According to Roger Entner, a senior vice president from Nielsen IAG, as little as 5 percent of all Internet users may consume as much as 50 percent of all the bandwidth on the Internet. “This is the politically correct version of doing what Comcast had been doing before, though it takes the occasional [peer-to-peer] user off the hook,” Entner said. Sena Fitzmaurice, a Comcast spokesperson, said, “This says we won’t be looking at what type of traffic that there is, even though we still need to manage the network.”

Comcast’s tests are expected to begin in Chambersburg, Pennsylvania and Warrenton, Virginia.

While Comcast will attempt to throttle the speed of all its high-volume users, Time Warner Cable intends to use a different method. They will meter and bill clients, charging more money for faster speeds and larger amounts of transmitted data, functioning more like a traditional public utility, such as an electric company or cell phone service. Their metered billing test will begin on June 5 in Beaumont, Texas for newly enrolled customers. “Instead of raising prices across the board, consumers who are excessive users would pay,” said Alex Dudley, a Time Warner Cable spokesman. “It is clearly the fairest way to fund the investment that is going to be required to support that use.”

An Associated Press report that Time Warner Cable will bill customers between $29.95 to $54.90USD per month has been confirmed by the cable operator, with clients charged an extra $1 for each gigabyte (GB) by which they exceed their purchased plan. Art Brodsky, communications director of Public Knowledge, a consumer advocacy group in Washington D.C., has expressed concerns about the Time Warner Cable plan. Time Warner Cable’s most expensive offering, $54.90, comes with 15 megabits-per-second of data transfer speed and a 40 gigabyte limit on total data transfer.

“An HD (high-definition) movie is 8GB or so, three movies is more than half your allowance for a month, and heaven knows what else you might want to watch,” Brodsky says. “This is not a relieving congestion scheme as much as it is a rationing scheme. All it does is protect an inadequate infrastructure from the cable company.”

Saturday, June 30, 2007File:America’s Cup.jpg

The Swiss yachting team, Alinghi, have defeated Team New Zealand in the fifth race for the 32nd America’s Cup. The overall score is now 3-2 to Alinghi.

Alinghi won the race by 19 seconds, though throughout the pre-start race each yacht was within close distance of each other. Team New Zealand, racing with NZL-92, crossed the start line first and reached a 12 second lead at the first mark. But when Team New Zealand were preparing to fly a new kite, their spinnaker ripped in two and went flying into the air. Their second spinnaker was not tied on properly and the third one got tangled half way up.

Team New Zealand managed to free the first two and untangle the third to continue the race, making up some of the 140 metres Alinghi had created in the three minute hold up.

Grant Dalton, managing director of Team New Zealand, said, “That was an important race and it wasn’t one we should have lost on a mistake on a move we’ve practised time and again.”

The team first to five wins, wins the “Auld Mug”.

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.

Tuesday, June 22, 2010

File:Australian SF Afghanistan Oct 2009.jpg

Less than two weeks after two Australian soldiers (Diggers) died in the explosion of a roadside bomb, three more Diggers and a US soldier were killed early yesterday morning in a helicopter crash in southern Afghanistan, while seven other soldiers are being treated for injuries.

Australian Defence Force Chief Angus Houston said in a statement this afternoon that two of the crash survivors are in a serious condition and will be moved with the other survivors to the US military hospital in Begram.

The crash occurred at 03:39 yesterday local time (23:09 on Sunday, UTC) in the north of Kandahar province. Although the cause is still unknown, Houston said “the terrain is rugged, the helicopters are often heavily loaded, it’s at high altitude and it was three o’clock in the morning. All of these factors will no doubt be considered”. Houston confirmed that enemy fire was not to blame for the crash.

These new casualties in the Afghan War brings Australia’s death toll to sixteen, while that of the US comes to 1128 since the war began in 2001.

Despite this, Prime Minister Kevin Rudd, remains firm on the issue: “We work beside our allies […] to avoid Afghanistan once again becoming a breeding ground for terrorists who can then strike at innocent Australians both at home and abroad” and continued by saying that all Australians owe the soldiers a debt of gratitude for making the ultimate sacrifice in the line of duty.

Although the names of the soldiers have yet to be released, the tragedy follows last week’s casualties where Australian combat engineers Darren Smith, age 26, and Jacob Moerland, age 21, were killed along side their bomb sniffer dog, Herbie in a roadside blast.

Thursday, March 16, 2006

Buffalo, New York — The property at 605 Forest in Buffalo was the center of attention at last night’s public meeting held at the offices of Forever Elmwood on Elmwood Avenue in Buffalo. Eva Hassett, Vice President of Savarino Construction Services Corporation, confirmed last night that the company will be seeking a variance for the 605 Forest property. Originally, both the 605 and 607 Forest Avenue properties were going to have variances placed on them. As it stands, 607 Forest will not be directly affected by the proposal, should it go forward. Both 605 and 607 are currently occupied by residents.

During Monday night’s meeting, Pano Georgiadis, owner of 605 Forest and owner of Pano’s Resuraunt at 1081 Elmwood Avenue in Buffalo, threatened to “sue” Savarino Construction if they tried to obtain a variance on his property to build the Elmwood Village Hotel.

The Elmwood Village Hotel is a proposal by Savarino Construction that would be placed on the corner of Forest and Elmwood in Buffalo. In order for the project to move forward, at least five buildings (1119-1121 Elmwood) which include both residences and businesses will have to be demolished. The hotel was designed by architect Karl Frizlen of the Frizlen Group. Although the properties are “under contract,” according to Hassett, it is unclear whether Savarino Construction owns the properties. Hans Mobius, a resident of Clarence, New York and former Buffalo Mayoral candidate, is still believed to own them.

Currently, none of the properties is zoned for a hotel.

A freelance journalist writing for Wikinews asked Hassett what kind of zoning permit they [Savarino] would be applying for and, if 605 Forest is included, what zone that would be.

“There is a ‘special development plan’ in front of the council, which changes only one thing about the zoning. It allows one permitted use for just a hotel. The rest of the zoning remains as it is under the current Elmwood Business District zoning. 605 and 607 Forest are not required for the project. They are not part of the footprint for the project. Let me answer this question again. This is on the record, in council: 605 needs to be rezoned in order to facilitate the project because of the sideyard requirement. Anything in C-2 is excluded besides the hotel. So we’ve taken the C-2 and included the hotel as a permitted use, and excluded everything else and everything else remains the same.”

However, during the February 28 Common Council meeting, Hassett was quoted as saying that the two properties were “off the agenda.”

“Now Karl said, at the last meeting, that they will build this hotel right on the borderline [property line]. If a wall forty-five to fifty feet high goes next to this house, of course it’s not right. You really have to go with whatever the city code says, so you have to get back as many feet as the city code says,” said Georgiadis.

“If you try to get a variance to change the code, I will sue you. This is my home, number one,” added Georgiadis. “First of all I think we are all wasting our time here, you [Savarino], have already made up your mind, but if you go against city code, and you try to do the most rooms with a minimal amount of parking, again, I will sue you. If you build a hotel, in my idea its going to fail. It’s doomed, ok. [If] it’s going to be a home for the disabled, for the homeless, for recovery people, but that’s another story. Then how is it going to be when we say, well I told you so? You will be over and done with. Its very hard to take a four story building [hotel] down.”

Georgiadis stated last night that he was against the proposal and signed a petition to stop it, jokingly saying, “this isn’t a paper to sign to build the hotel, is it? Don’t make me sign the wrong thing.”

Joseph Golombeck, district councilman, was at Monday’s public meeting and said, “we also did request this and the reason we are doing this as a special business district is so that it has to be this specific plan. They [Savarino] can’t go halfway through it and in six months decide that [the hotel] it’s going to be three floors. They can’t decide it’s going to be five floors. It has to be, per law, exactly what it is that they brought to us [the public] so far, and then ultimately to the City of Buffalo Common Council when it’s approved. So if it gets approved, it has to be this specific, exact project. They couldn’t make it fifty parking spots, they couldn’t make it thirty. It has to be specifically what they have right here.”

A man who lives on Granger Street in Buffalo attended the meeting, speaking in favor of the hotel development. He claimed, “There are a lot of low property values. Hopefully if we embrace development, our property values, for those of us who have property, will go up. There are a lot of people unfortunately, who are working hard, that do not get a chance to come to these meetings. I myself was at work and wasn’t able to go to the last two meetings. I express that we appreciate that you [Savarino] invest in the City of Buffalo and for what you hope, because I do not think Savarino is into losing money. These people are not in business to be losing money here. They are hoping for the success of this [the hotel] more than any one of us. They are hoping that the property values in this area will go up more than any one of us, because it will benefit them [the residents and business owners], more than any one of us. I want this city to develop. I don’t think anybody else is here understanding that we’re looking for development in this city, we are looking for the city to get better. The councilman here is not interested in Buffalo failing.”

Evelyn Bencinich, resident of Granger Street, would have the hotel directly behind her home, if it were to be built.

“What about construction [time]? Is that just for the exterior, the nine months? Or does that include the interior? Is there going to be blasting through bedrock? Is there property protection for damage? Are you [Savarino and the Frizlen Group] responsible?”, asked Bencinich.

According to Frizlen, there is a layer of solid bedrock at least 30 feet from the surface of the land saying, “we anticipate that the bedrock is at least thirty feet down.” He also admitted that “we haven’t done any soil sporrings,” but did say “the bedrock is somewhere in between twenty-five and thirty feet [down], we don’t need to go that deep. So blasting is most likely out of it [the question].”

“Personally, I can only speak from the city side, but a few years ago we rebuilt Vulcan Street, in the northwest corner of Buffalo, and there were a couple of properties that were damaged and they [the owners] were able to file a claim against the company that did the work and they won in each case. It was the same thing with a school that was built on Military Road. There were a couple of problems with foundations on a couple of properties, and they weren’t sure if caused by the school or not, but the insurance company ended up paying them,” answered Golombeck.

“I would assume that Savarino is insured with someone. So if there is a problem with anything that happens to your properties, what I would recommend is that anybody that lives on Granger Place, if this does go through, that you get pictures taken of your basement and of your foundations, because God forbid if there is a problem, you want to have an^[sic] before and after [picture]. You don’t want to come afterwards and there’s a crack in there [foundation] and you have no way of proving that it happened,” added Golombeck.

According to Golombeck, the properties that Mobius owns have been “in housing court on several occasions, but has a date of April 11, 2006 that he is going back [to court] for these properties. So it is in housing court and I wouldn’t know Mr. Mobius if he walked in this room right now,” stated Golombeck.

“I’ve gone after him on numerous occasions and everytime he gets out of housing court with a slap on the wrist. If I am a conspiracy theorist and say that there is a lot more going on than meets the eye. I can only get him into housing court. Once he’s in housing court, the judge rules on it. Now I don’t mean to take any shots at previous administrations, but I am hoping with the new administration, being in here, that the inspections department is going to be a much better department than it has been for the previous several years.”

The city’s Planning Board on March 14, 2006, agreed to send the Elmwood Village Hotel proposal back to the Common Council so that it may “be opened back up to discussion from the public.”

On March 2, 2006 the Common Council sent the proposal “to committee” for further discussion and also requesting that the public be “engaged further.”

During that meeting, Justin Azzeralla, Executive Director for Forwever Elmwood, said that the organization “supports the hotel project.”

Also on March 2, the planning board agreed to table, or postpone, any decision on the hotel proposal for at least thirty days, also citing the need for the public to be “more engaged.”

The Common Council is expected to meet on March 21, 2006 at 2:00pm local time where they may approve or deny the proposal.

According to The Buffalo News, at least six Common Council members support the hotel project and are pledging to vote to approve it at the meeting on Tuesday, March 21.

However, the city’s Planning Board will get the final say on the project.

Wednesday, August 23, 2006

The human rights organisation Amnesty International has accused Israel of committing war crimes by deliberately targeting civilian infrastructure in Lebanon during the Israel-Lebanon conflict, calling the attacks “indiscriminate and disproportionate”. Israel has rejected the charge.

“The pattern, scope and scale of the attacks makes Israel’s claim that this was ‘collateral damage’, simply not credible,” said Kate Gilmore, of Amnesty International.

Amnesty International cites the magnitude of the destruction caused by Israeli air strikes and artillery bombings, and declarations such as the one made by Israeli Chief of Staff Lt Gen Dan Halutz, that “nothing is safe [in Lebanon], as simple as that”, as evidence that civilians were deliberately targeted.

Israel rejected the accusation, stating that the bombings of civilian areas was justified because Hezbollah uses civilians as “humans shields” : Lebanese infrastructure was “targeted only when that infrastructure was being exploited by the Hezbollah machine, and this is in accordance with the rules of war”, said the Israeli spokesman Mark Regev. “Unlike Hezbollah, we did not deliberately target the Lebanese civilian population”, Mr. Regev said.

Over 1,000 Lebanese, mostly civilians were killed during the fighting, while 161 Israelis, mostly soldiers, were killed by Hezbollah. The Israeli attacks also wounded about 4,000 people, and turned nearly 1 million people, a quarter of the population of Lebanon, into internal refugees.