We are developing the social individualist meta-context for the future. From the very serious to the extremely frivolous... lets see what is on the mind of the Samizdata people.

Samizdata, derived from Samizdat /n. - a system of clandestine publication of banned literature in the USSR [Russ.,= self-publishing house]

As annoying?

We’re confident that North Carolina’s politics will annoy us from the right as much as California’s does from the left, but we’re equally confident that center-right North Carolinians won’t try to personally and professionally ruin us for daring to disagree with them.

The quote is from a comment to this article (that I found from instapundit). The commenters – Californians who have decided to vote with their feet – complain they’ve seen one too many

smart, talented colleagues fired, and their reputations blackened, because they had the temerity to utter a heterodox opinion, or made it known that they voted for a Republican, or were insufficiently enthusiastic about adopting the latest politically-correct newspeak.

They expect to be as annoyed by NC’s right-wing politics as by CA’s left-wing politics. It may be just their way of expressing it. And I suppose it will be a culture shock (understandable they’ve not moved to Texas, or Alabama – or Samizdata 🙂 ). But I have a hard time imagining being as annoyed by politics that will allow me to dissent as by politics that will punish any hint of dissent.

But maybe that’s just my typical right-wing focus on the honesty of the process rather than the nobility of the goal.

A cross-party group of Green, Labour and progressive Conservative MPs have finally seen the light and are demanding deficit reduction

I thought this day would never come!

New laws should be checked against a “compassion threshold”, to ensure they will not harm future generations or the most vulnerable in society, a cross-party group of MPs will argue this week.

At last “progressives” have acknowledged that to run up the UK deficit by reckless government spending is to bribe the present electorate at the expense of ruinous consequences for future generations. I do not know what caused the likes of the Green Party’s only MP Caroline Lucas, the Labour MP Thangham Debonnaire, or the famously wet Tory MP Tracey Crouch to belatedly see the wisdom of the US Tea Party movement and Senator Rand Paul’s Balanced Budget Amendment, but whatever caused this Damascene conversion, it is most welcome.

Naturally these generally left-wing MPs see the proposed “Compassion Threshold” that would bind this and all future Parliaments in what laws they can pass as primarily affecting issues of more traditional concern to the Left:

From rising levels of rough sleeping to the rollout of universal credit, there are a growing number of issues that campaigners believe underline the unintended consequences of policymaking on the most vulnerable in society.

Backers of the idea of the compassion bill say they hope it would allow those affected to bring legal action, as they can when they believe their human rights are being breached, for example.

But since it should obvious to anyone how readily this proposed law could be used to enforce stringent budget responsibility on future governments, including what may very well be our next Labour government under Jeremy Corbyn and John McDonnell, let us wish the sponsors of the Bill every success.

The UK has declared a “climate emergency”, apparently

Jeremy Corbyn on Twitter:

Labour has just forced the UK Parliament to declare a #ClimateEmergency.

Real politics comes from the ground up, and that’s what today has shown.

An emergency does not have to be a catastrophe – we now need a Green Industrial Revolution that will reprogramme our economy.

All flights are grounded, today’s local elections have been indefinitely suspended, and jury trials will be replaced by military tribunals for the duration of the emergency. Citizens failing to report to their local branch of the Sustainable Farming Commission for voluntary labour service will be docked ten points of social credit.

Commenting on this post is forbidden. The internet will be closing shortly.

Lego vs Lepin

I like Lego. It is nostalgic. It is a good quality product: the bricks fit together just so. It has a certain feel to it. I like the product design. I like the Ninjago and the Technic. I like the movies. I do not want Lego to change. I do not want to hear about them taking the monosodium glutamate out of the bricks to save the environment because I know the world will be a worse place as a result: the bricks will not feel the same or they will not last as long or they will not fit together in quite the same way. I get warm fuzzy feelings about the company. I do not want them cutting costs or laying off staff or going out of business.

I do not like Lepin. Lepin is a Chinese company who copy Lego sets piece for piece, slightly change the artwork into a bizarre alternate reality version of the original artwork, and sell them for a fraction of the price. It is an inferior product: the bricks do not fit together so well, the plastic is not so durable, there is probably a greater chance of having a set with a missing piece, there are reports of strange residue on the bricks. More importantly, if other consumers do not mind these things as much as I do and do not love genuine original Lego as much as I do, I am more likely to find myself living in a universe where original genuine Lego is not as good as it is now because it is pressured into cost-cutting, just as I find myself living in a universe where Nik Naks don’t contain monosodium glutamate for some unfathomable reason.

Chinese police raided Lepin factories in China, arrested people and seized goods. Now people are saying that Lepin is no more. It is the end of Lepin and Lego is saved. Hurray!

But I am not sure how happy to be about state violence against non-violent people who did no more than copy an idea. I am ambivalent about intellectual property. Lepin did not take anything that Lego had not already given away the moment they published their designs. A lot of activists complain about digital rights management. I see it as an elegant non-violent method to preserve a revenue stream for a product that is by its nature infinitely copy-able. DRM is much better than inducing the state to lock up people who threaten your business model. It does not really work for designs for physical objects but despite my concerns above I am not convinced this is a big enough problem to warrant a large state apparatus just to solve it. Lepin bricks are, after all, only viable because they are cheaper, and only cheaper because they are inferior. As much as I enjoy living in a universe with monosodium glutamate snacks and real Lego, raids and arrests and seizures is not a good price to pay for this.

Another question that arises out of this: why now? Is the Chinese state making a renewed effort to align with the rest of the western world’s ideas about intellectual property, or did the owners of the Lepin factory recently stop paying their dues to the state?

Samizdata quote of the day

To a great extent, the threat to free speech posed by iPlod will depend upon how its employees exercise their discretion and whether they’re politically neutral. Unfortunately, it will be staffed by the same sort of quangocrats that run the Advertising Standards Authority, the Equalities and Human Rights Commission and Public Health England, and we know from experience that these busybodies will use whatever powers they have to extend the reach of the nanny state. That nearly always involves enforcing left-wing orthodoxy, whether consciously or not.

Toby Young

Samizdata quote of the day

Canute’s point wasn’t that he could control the tides and waves. Rather, that fawning courtiers needed to learn the lesson of the limit to State competence. A thousand years later we’re still waiting for the lesson to sink in.

Tim Worstall

What do people think of Open Rights Group?

The White Paper expresses a clear desire for tech companies to “design in safety”. As the process of consultation now begins, we call on DCMS to “design in fundamental rights”. Freedom of expression is itself a framework, and must not be lightly glossed over. We welcome the opportunity to engage with DCMS further on this topic: before policy ideas become entrenched, the government should consider deeply whether these will truly achieve outcomes that are good for everyone.

– remarks by Jim Killock and Amy Shepherd on the ORG site.

Seems to me that ORG thinks the ‘Online Harms Strategy’ just needs to be written better rather than the very notion of the government poking its nose into the internet is an abomination that needs to die in a fire. I have not followed the ORG closely, so am I being unfairly critical? Perhaps I am just allergic to the incredibly dangerous ‘positive rights’ language I see in some ORG articles. Opinions?

The King of Spain is belatedly singeing many a landlord’s beard…

Mr Ed: This post is made on behalf of Paul Marks, the Sage of Kettering, as he appears to have some issues with posting. I have put my pennyworth in.

Centuries ago the Kings of Spain forbad landlords to remove tenants at the end of their tenancy contract (at least in Castile) – the Kings wanted to be seen as the “friends of the poor”. This was the true start of the decline of Castile and it spread to Latin America – where landlords just became interested in collecting-the-rent rather than improving their estates (as it was not lawful for them to remove tenants). Soon rents became “customary” – fixed under the “just price” doctrine, close kin of the “fair wage” doctrine.

Spain and Latin America lagged behind the Common Law world not because Spanish is somehow an inferior language to English – but because Spanish law became inferior to the Common Law which was based upon Freedom-of-Contract not “Social Justice” with its “just price”, “fair wage” and “security of tenure” (regardless of contract). The government of British Prime Minister Theresa May now seeks to copy the “Spanish Practices” of centuries ago – by making contracts meaningless. For example, if a tenant can not be removed after the term of their contract (their tenancy) is over then only a fool would let out a property in the first place. What is intended to “reduce homelessness” will end up increasing it.

Mr Ed: This piece on Conservativehome sets out the aptly-named Secretary of State’s view, Mr Brokenshire, he is indeed going to scour the Shires, and the towns and cities too. Someone said rent control was the second-surest way to destroy a city after carpet bombing.

James Brokenshire: Why we have decided to abolish no fault evictions

The legal position (England and, I think, Wales but it may be devolved) is not set out very well in the piece, so the explanation on the government’s website is here. Basically, the legal mechanism is a Section 21 notice, whereby a property owner can evict a tenant after a 6-month tenancy has ended, i.e. it has run its minimum term, or when it is of indefinite duration. This is to be abolished, leaving in place the much less effective Section 8 Notice, whereby tenants can play cat-and-mouse by not paying rent, then paying arrears and stopping an eviction, amongst other things.

Bastiat’s ‘What is seen and what is not seen’ might seem to be the issue here, but I fear that there are those who will not ‘see’ when it does not suit them, and unlike Nelson, it is from cowardice and calculation.

Of course, if the Sage is right, Mrs May is making England that little bit more like Venezuela, singeing Mr Corbyn’s beard and stealing his clothes.

Samizdata quote of the day

But in the post-war period, rights have been transformed from negative freedoms to positive goods for the individual, such as education and employment, and then to positive goods for groups, including the protection of identities. With each step there has been a move away from holding the authority of the state to account, towards empowering the state over goods which it is increasingly difficult to guarantee. The result is that the state has become more coercive in its attempts to deliver those goods.

Don Trubshaw

Her Britannic Majesty’s Government should do something….

British woman faces Dubai jail over Facebook ‘horse’ insult

Shocking news from Dubai, a British woman, formerly an expat in Dubai, has been arrested there and is facing up to 2 years in jail, after travelling to her ex-husband’s funeral. This is an ex-husband whose new wife she had allegedly rudely deprecated on Facebook (whilst in the UK).

Ms Shahravesh was married to her ex-husband for 18 years, during which time she lived in the United Arab Emirates for eight months, according to the campaign group Detained in Dubai.
While she returned to the UK with her daughter, her husband stayed in the United Arab Emirates, and the couple got divorced.
Ms Sharavesh discovered her ex-husband was remarrying when she saw photos of the new couple on Facebook.
She posted two comments in Farsi, including one that said: “I hope you go under the ground you idiot. Damn you. You left me for this horse”.

Sadly, her ‘wish’ came true. The target of her ire reported the comments and is refusing to drop the case, it seems.

The Foreign Office said it was supporting the mother-of-one.

Well that is reassuring, the same Foreign Office that is campaigning for freedom of speech in the media by appointing a relatively low profile barrister with a rather more well-known husband as its special envoy on media freedom.

Whilst at the same time, social media freedom in the UK is coming under attack from the UK’s government.

Websites to be fined over ‘online harms’ under new proposals

The Department for Digital, Culture, Media and Sport (DCMS) has proposed an independent watchdog that will write a “code of practice” for tech companies.
Senior managers could be held liable for breaches, with a possible levy on the industry to fund the regulator.

Discussing financial penalties on BBC Breakfast, he (Digital, Culture, Media and Sport Secretary Jeremy Wright) said: “If you look at the fines available to the Information Commissioner around the GDPR rules, that could be up to 4% of company’s turnover… we think we should be looking at something comparable here.”

Well, a proposal for yet another self-financing regulatory agency, (the business model of the Spanish Inquisition, I understand). What will they do with all the surplus funds? What of Dr. Bonham’s Case, all fines belong to the King?

Just out of interest, what exactly might HM Government be complaining about to Dubai when certain social media postings in the UK can get you fined or jailed for 2 years anyway?

The European Union has passed Articles 11 and 13 of the Copyright Directive. How can this be reversed?

The European Parliament has voted in favour of Article 13, reports Wired:

European politicians have voted to pass Article 13 and Article 11 as part of sweeping changes to regulation around online copyright. The European Parliament passed the legislation by 348 votes to 274.

As Guido put it, “348 MEPs you’ve never heard of overruled 278 MEPs you’ve also probably never heard of. So much for all that democratic accountability Remainers like to go on about…”

Previous relevant posts:

Anyone know how the new EU internet censorship & link tax law will affect the UK? June 13 2018

Two days before the EU (probably) votes to end the free internet. Should we care? June 20 2018

EU votes yes to copyright reform, also June 20 2018

Those MEPs, eh? September 14 2018

And just to show that Samizdata has been warning of this for a long time (hey, at least Cassandra had the satisfaction of being right), here is a post from 2002: The European Copyright Directive.

If I have missed any posts that should be in that list, let me know.

So how does one repeal a bad EU law? As the politicians say, I am glad you asked me that. Let me direct you to yet another past post in which a denizen of Reddit Europe called Ask_Me_Who explains:

MEP’s can not create, amend, or reject proposals. They can act as a method of slowing them, requesting changes or rethinks of proposed policies, but if the other (unelected) parts of the EU want to force through a proposal they can just keep pushing it until it gets through in the knowledge that elected MEP’s will not have the power to propose future updates, changes, or abolition of legislation.

The European Commission only has to win once and it can never be repealed without the European Commission wishing it so.

Samizdata quote of the day

There should be no such thing as a ‘hate crime’… If someone gets assaulted & hit with a brick, their identity group should not make the crime more or less of a crime. And stating an opinion should never be a crime (such as what gender someone else is).

– Perry de Havilland, discussing this amongst other things.