Tag: galactically-stupid

H.264 licensing revisited and explored

I’ve got a backlog of stuff here, so some of these might be a bit short.

First up, revisiting video codec patents, which I originally wrote about in February.

A recent post on librevideo.org was also written after Ben Schwartz’s post “No, you can’t do that with H.264” as mine was. From the article:

In the interest of clarifying the ambiguous claims regarding the licensing terms of using the AVC/H.264 video technology, Libre Video has taken the time over the past few weeks to contact the MPEG-LA directly, the licensing authority responsible for administering the patent pool for the H.264 specification. We have asked them various questions related to what we feel are important issues surrounding the terms under which normal people are permitted to use hardware products that they have purchased and the resulting multimedia content created with them.

Obviously, there is way too much to quote here, but the important conclusions to draw from Libre Video’s correspondence with MPEG-LA are:

  1. The simplicity of the analog media era where one buys, say, a VHS tape deck and can pretty much do what one wishes with it are over. Software patents turn what should be simple tasks into a legal minefield ready to explode under those that least expect legal obstacles.
  2. Even professional products do not include a professional H.264 license. This includes, say, Final Cut Pro.
  3. The AVC licensing only applies to an end product, and can be avoided by transcoding the video to, say, Ogg Theora or the upcoming VP8/WebM.
  4. The patent licenses required to legally decode H.264 make it impossible to write a free software (GPL) H.264 decoder. This is most unfortunate on the part of MPEG-LA and the companies that have chosen to embrace this standard.

I’m disappointed in MPEG-LA and the companies which formed it. This is perhaps the biggest step backward for user freedoms since the DMCA; many otherwise law-abiding free software users will wind up breaking the law just to convert their H.264 video to formats like Ogg Theora.

I propose the following solution:

  1. For personal use/non-profit videos, MPEG-LA waives the royalties on software-based decoding of H.264 for the purposes of conversion to another video format.
  2. Apple, Microsoft, and other developers voluntarily rename video editing products with the word “Pro” or “Professional” in the name (such as Final Cut Pro) to a new name not including the words “professional” or “pro” and putting a prominent disclaimer on the box: “The H.264 decoder and encoder are licensed for personal use only. Use of the H.264 video format allowed by this software product may require additional licenses from the MPEG Licensing Authority (MPEG-LA).”

These are the fair things to do. The first would make the H.264 decoder in ffmpeg legal for most of its uses. Maybe MPEG-LA would need to raise their royalties to compensate for “lost” revenue. I have news for MPEG-LA: many of the users of ffmpeg would never pay you one red cent anyway. A few are effective scofflaws, but most are easily convinced that having to break the law to convert their home movies to another digital video format without paying even more money is at best ludicrous and at worst insane.

The second just makes sense. This, of course, is exactly why the companies in question will never do it. But that’s another rant for another day.

Cops vs. citizens with recorders: who wins?

A recent Gizmodo post discusses videos depicting police abuse and what is a dubious at best reaction from law enforcement. Specifically, some states are now making it illegal to record or photograph an on-duty law enforcement officer. From the article:

In response to a flood of Facebook and YouTube videos that depict police abuse, a new trend in law enforcement is gaining popularity. In at least three states, it is now illegal to record any on-duty police officer.

Even if the encounter involves you and may be necessary to your defense, and even if the recording is on a public street where no expectation of privacy exists.

The most alarming example comes from Christopher Drew, who recorded his own
arrest for selling $1 artwork on the streets of Chicago. The charges of
peddling in a prohibited area and not having a peddler’s license were dropped;
instead, Christopher is being prosecuted for eavesdropping, a class I felony.

Christopher documents his experience with some very pointed commmentary in this blog entry which includes a quote from Robert Lederman’s instructions to artists in New York City about documenting everything. Christopher also delivers this white-hot flame against the sad state of affairs in Illinois with regard to the eavesdropping law, which I quote in part (and agree with completely):

If you are a corrupt public official or a person involved in corruption its in your favor to have an eavesdropping law that prevents anyone from recording anything in public without the fear of a felony. A corrupt person feels more comfortable in a state like that. Unfortunately, its possible for a lot of honest people to end up felons while the real felons walk free. That’s why I ask – what is the state of our police in this state we are in?

Christoper’s experience is a huge blemish against the reputation of the city of Chicago as friendly to artists and those who express themselves. A blemish that a city of that size cannot afford.

Radley Balko wrote an editorial about Christopher’s rejected motion to dismiss the case, which asks many pointed questions, and also points out the history of the Illinois eavesdropping law, which originally had an expectation of privacy exception, but has not since 1994. Quoting Radley’s article:

Here’s where it gets even worse: Originally, the Illinois eavesdropping law did also include a similar expectation of privacy provision. But the legislature stripped that provision out in 1994, and they did so in response to an incident in which a citizen recorded his interaction with two on-duty police officers. In other words, the Illinois legislature specifically intended to make it a Class I felony, punishable by up to 15 years in prison, to make an audio recording of an on-duty police officer without his permission.

The fact that this came about in response to an incident involving a conversation with two on-duty cops should say everything about the intent of the state legislature. This already-bad law, of course, has not gotten better with age; in fact technology and the ubiquity of small devices capable of recording audio and video has made this bad law even worse.

So is it always risking arrest to record an on-duty cop in those states? Well, not really, as quoting from the Gizmodo article:

In short, recordings that are flattering to the police – an officer kissing a baby or rescuing a dog – will almost certainly not result in prosecution even if they are done without all-party consent. The only people who seem prone to prosecution are those who embarrass or confront the police, or who somehow challenge the law. If true, then the prosecutions are a form of social control to discourage criticism of the police or simple dissent.

This kind of law, combined with blatant selective enforcement, is entirely out of place in free society, and a mockery of the standards by which decent people live. Indeed, I believe the criticism and challenge of unjust laws to be an essential part of a free society. I’ve used this quote from the FSF before, but it applies yet again:

The idea that laws decide what is right or wrong is mistaken in general. Laws are, at their best, an attempt to achieve justice; to say that laws define justice or ethical conduct is turning things upside down.

Indeed, the abuse of eavesdropping and wiretapping laws is another example of how those charged with enforcing the law often view themselves as above the law. It’s in the same general category as cops conveniently disregarding stop signs, traffic lights, speed limits, prohibited turn signs, etc at their convenience (when not responding to a bona fide emergency, and I specifically exclude the donut shop closing for the night in five minutes from the definition of such an emergency). Indeed, it’s incredibly convenient that getting video of these types of reckless acts by those sworn to serve and protect is risky business in some places, yet one could easily take all the video one wants of, say, a cop hugging his daughters.

I’d expect the kind of insanity in certain other countries: UK, Germany, France, maybe even Mexico or Canada. But the United States of America was founded on freedom from tyranny, and it is in the direction of tyranny that these laws take us. This egregious trampling of the First Amendment cannot continue unchallenged, lest those who fought to acquire and maintain that freedom and others are to have ultimately done so in vain.

Finally, I encourage everyone to support Christoper Drew’s legal defense, either financially or just by raising awareness of this serious issue. This is wrong and the real criminals here are the ethically bankrupt Chicago police and prosecuting attorneys. I’ll post more details on exactly what Christopher needs as I get them.

The failure of drug prohibition: a “pot” bust in Corpus Christi

Flash back a few years to the old Miller Lite commercials where they’d show two people asking to watch two different sports on TV, then a third guy says, “Let’s watch both” and then taps a bottle of beer on the TV which automagically tunes to a channel where the announcer says “Miller Lite presents…” followed by an improbable combination of two sports such as “Full Contact Golf.”

Well, that commercial played through my mind yesterday as I pondered whether I needed to write a long-overdue article about the failure of drug prohibition, or yet another article about an incredibly dumb police blunder. And then, I see a mention of  this crazy story on my Twitter stream. Why not write about both, in one post?

As reported by Corpus Christi station KRIS-TV as well as rawstory.com, some members of the Corpus Christi Police Department thought they were making a rather large marijuana seizure.

The cops haul their prize load of over 300 plants into the station, and start testing them, only to get the biggest surprise of all: these were just ordinary weeds, not pot. (Specifically, horse mint.) Corpus Christi’s finest, indeed. It’s amazing how much yard work cops will do when they think they have pot plants.

Of course, were we to handle drugs as a social problem, not a legal problem, there would be nothing for the cops to do about these weeds, whether they were the weed (pot) or just garden variety. Indeed, there are many organizations specifically formed for the legalization of marijuana, and others not actually part of the organization that at least support the legalization of marijuana even if most other currently illicit drugs remain prohibited. Before I had to start paring down the accounts I was following on Twitter, I had been following the Twitter accounts of several such organizations (I don’t even have their sites bookmarked here, but I could probably find many of them again). Groups like Drug Policy Alliance are in a small minority, but it doesn’t make their arguments any less valid.

So you wonder why I’m in favor of ending drug prohibition. No, it’s not because I want to go down to my corner store and pick up a bag of cocaine or heroin the same way I get a 12-pack of beer. It’s because of the answers I get when I pose the simple question: what has drug prohibition actually done for us?

For one, it’s given many jurisdictions a convenient excuse to hire many, if not an excess of, police officers. These cops wind up doing things like writing traffic tickets during the inevitable lull in “real crime.” More often than not, the traffic stops are rarely about safety, but often an excuse to conduct warrantless searches of vehicles. Any contraband found during a consent search usually results in a conviction. For details, see the videos at flexyourrights.org; I’ll summarize here by saying usually it is a bad idea to consent to a search (this includes allowing police to enter your premises without a warrant).

Next, when the cops and prosecutors successfully do their new jobs, we, the taxpayers, wind up footing the bill for the prison stays of most of these drug users, space that could be better used housing real career criminals that actually do pose a real danger to society. (Some do get probation but even then the probation departments still wind up having to spend money on drug testing and programs like the SAFP (Substance Abuse Felony Penalty) program in Harris County, which could arguably be better utilized on reducing the caseloads of rank-and-file probation officers by hiring more of them.)

Another aspect of drug prohibition is that it artificially drives up the cost of the now-prohibited drugs. This means that for the junkies to keep getting their fix, they wind up committing other crimes such as theft and fraud. So yes, you’re reading this right: the drug prohibition laws actually cause more crime, not only from the prohibition of possession and manufacture, but also as a side effect from the inflated prices.

Finally, there’s one more effect that needs to be said, even though it’s probably the aspect I honestly feel least comfortable talking about. The measure of career success of most prosecuting attorneys is how many cases they have won, and such things as having lost few cases. This is usually accomplished by aggressively “trumping up” charges and getting clients to plea bargain down to a lesser offense, often more serious than one the evidence actually supports. The fewer cases that go to trial, the better the “batting average” for the prosecutor, as once charged, the only path to “not guilty” is through trial. The more cases get handled by plea bargain, the more cases the courts can handle; a prosecutor that lets too many cases go to trial is likely not to build favor with judges and have a short career as a prosecuting attorney.

I don’t disagree with plea bargains in principle. However, they make the enforcement of unjust laws even more unjust than they already are, and serve to skew the perception of the fairness of the court system to the average citizen when used to enforce unjust laws.

While I agree in principle with the idea of limiting recreational drug use to an acceptable level, I believe drug prohibition has failed to accomplish this and in many cases has made the problem worse. The Corpus Christi incident only serves to underscore this colossal failure. I’m sure there are others like it, that this is neither the first such case, nor will it likely be the last.

Drug prohibition: just say no.

Teaching the wrong lessons with a week’s detention for candy swapping

The zero-tolerance policies in schools are apparently expanding in scope, and not surprisingly, living up to my preferred dysphemism for them: zero-intelligence policies. This example may be just what you need if you’re looking for a great excuse to home-school your kid(s). (I know it seems like I’m on a run of school board and school administration disciplinary blunders. I may have one more like this, and then I’ll switch to something else.)

As reported on ultimatefortbend.com and KHOU-TV, a third grader recently received a week of detention for the most innocuous of acts: accepting a piece of candy (specifically, a Jolly Rancher) from a fellow student. Leighann Adair, 10, thus becomes what I believe to be a victim of one of the more egregious dimbulb school administration blunders.

By the time I hit the “publish” button on this story, this ludicrously stiff penalty for what is in all honesty, a rather benign act, will be over and done. But there’s nothing to indicate this won’t happen again. Knowing the school systems in this area, it probably will happen again.

From the KHOU story:

The girl’s mother said the incident has taught her daughter a lesson, but not the one her teachers intended.

“I told her, ‘Leighann, unfortunately you’re learning very young that life’s not fair,’” [Leighann’s mother Amber] Brazda said.

And from elsewhere in the story:

Jack Ellis, the superintendent for Brazos Independent School District, declined an on-camera interview. But he said the school was abiding by a state guideline that banned “minimal nutrition” foods.

“Whether or not I agree with the guidelines, we have to follow the rules,” he said.

The state, however, gives each school discretion over how to enforce the policy. Ellis said school officials had decided a stricter punishment was necessary after lesser penalties failed to serve as a deterrent.

Ellis said failing to adhere to the state’s guidelines could put federal funding in jeopardy.

I seriously doubt that the Federal government would yank a school’s funding over students sharing candy with each other. And if they do, we have much more serious problems with the portion of our government that oversees education.

Either way, this is a policy that quite literally reaches way too far.

Let’s compare the lesson the school is trying to teach Leighann with what she will actually learn walking away from the experience. Having been out of third grade for nearly a quarter-century, it’s a bit difficult for me to take my mind all the way back to the ripe young age of 10. But I’ll do my best.

The school’s lesson to Leighann and the rest of the students is “don’t eat candy at all, it’s bad for you.” While an admirable lesson on its face, it’s not entirely true for as long as it is eaten in moderation, candy won’t have nearly the detrimental effects on a preteen body as the school would like their students to believe.

The actual learned lesson of Leighann and her fellow students? If only “life’s not fair” was the only possible learned lesson here. It instead might be “our schools (and our governments) make arbitrary rules and enforce them in dubious and unfair ways.” I bet the social studies teachers in middle school will love having to undo that one. How about “sharing candy is bad” which may even turn into “sharing is bad.” Why bother teaching sharing is good in kindergarten, then? Or even “this shows the teachers and principals lack common sense and are unfit to teach us.” Zero-intelligence policies, indeed. And we wonder why we have high dropout rates? Why our kids dread going to school? Why our school system has the questionable reputation it does?

It may seem strange, but Leighann and I have one thing in common right now: we’re both glad summer is right around the corner, because it means we all get a three-month reprieve from this kind of low-IQ nonsense.

A patently absurd case of drug regulation

Houston Area Liberty Campaign’s recent blog entry details one of the most ludicrous examples of the Food and Drug Administration’s authority run amok.

It’s about an extract of autumn crocus, specifically a chemical called colchicine. Colchicine is used as a natural remedy for gout as an alternative to non-steroidal anti-inflammatory drugs (NSAIDs) such as ibuprofen (Advil) or naproxen (Aleve). You’d think since this has been in use since the era of Ben Franklin’s suffering from gout that anyone could make colchicine and sell it. Well, that’s apparently not good enough for the FDA.

A company called URL Pharma has now been granted the exclusive right to market and sell colchicine by the FDA, under the brand name “Colcrys.” And they do mean exclusive: what was perfectly fine to sell as generic colchicine not that long ago is now forbidden as “counterfeit Colcrys.” And these URL Pharma guys are playing hardball, suing their compeititon out of existence. One company, Qualitest Pharmaceuticals, has caved to the pressure. Thankfully, other companies are digging in their heels and fighting back against this absurdity.

The real losers here aren’t URL’s competition, nor the FDA. No, as usual in conflicts like this, it’s the innocent bystanders that get the short end of the stick. Colchicine, prior to the FDA stepping in, cost 7 cents per pill ($7 for a bottle of 100). URL Pharma’s Colcrys costs $5 per pill, or $500 for a bottle of 100. If this is not reckless, senseless, and thoughtless greed, I don’t know what is.

Even URL Pharma’s competition that are fighting the absurdity of the situation are not doing so for purely philanthropic purposes; at least one, Vision Pharma LLC, has skyrocketed the price to $1.17 per pill, low enough to look like a bargain alongside URL Pharma’s price but still outrageously high.

The final quotes from the HALC’s blog entry say a lot about the situation, perhaps the saddest thing of all:

Thankfully, consumers know just exactly what to do about URL Pharma’s new US government-approved monopoly on a “new” drug that has been in use for over a thousand years.

They’re buying it from Canada.

Until now, I’ve been extremely leery of buying from a Canadian pharmacy. If this isn’t resolved soon, and I find myself with a gout problem, that’s going to change quite quickly.

URL Pharma and Vision Pharma LLC should be damned ashamed of themselves. I wish them both a speedy and well-deserved bankruptcy. I also wish the blockheads at the FDA that made this possible a quick, public, and well-deserved firing, and an equally deserved lifetime of IRS audits.

It could easily be argued they all deserve nothing more than extremely bad cases of gout. But I’m better than wishing that upon them, however deserved it may be.