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	<title>kierenmccarthy.co.uk &#187; Journalism</title>
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	<link>http://kierenmccarthy.co.uk</link>
	<description>An infuriatingly infrequently updated reflection on the Internet, the US, and life in general</description>
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		<title>Prop8 strike-down rally</title>
		<link>http://kierenmccarthy.co.uk/2010/08/05/prop8-strike-down-rally/</link>
		<comments>http://kierenmccarthy.co.uk/2010/08/05/prop8-strike-down-rally/#comments</comments>
		<pubDate>Thu, 05 Aug 2010 23:46:07 +0000</pubDate>
		<dc:creator>Kieren</dc:creator>
				<category><![CDATA[Journalism]]></category>
		<category><![CDATA[Photos]]></category>
		<category><![CDATA[San Francisco]]></category>
		<category><![CDATA[march]]></category>
		<category><![CDATA[prop8]]></category>

		<guid isPermaLink="false">http://kierenmccarthy.co.uk/?p=792</guid>
		<description><![CDATA[Yesterday, the news came through that Judge Walker in San Francisco had ruled that the controversial Proposition 8 &#8211; which bans gay marriage in California and had been approved by referendum two years ago &#8211; was unconstitutional. The ruling is quite an interesting read and may well set significant legal precedents further down the line. [...]]]></description>
			<content:encoded><![CDATA[<p>Yesterday, the news came through that Judge Walker in San Francisco had ruled that the controversial Proposition 8 &#8211; which bans gay marriage in California and had been approved by referendum two years ago &#8211; was unconstitutional. The ruling is quite an interesting read and may well set significant legal precedents further down the line. </p>
<p>The result was a march from San Francisco famous gay district, Castro, to City Hall, along Market Street. I caught up with the rally just as it ended the top of Market St and got some pictures of the march and the subsequent speeches in from of City Hall. You can see them below as a Flickr feed.</p>
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<p><span id="more-792"></span>I don&#8217;t have all the speakers names, although I have pulled together a few, at the bottom.</p>
<p>The speeches were pretty good. About the importance of equality, about the US legal system, the hard work and courage of a few, and the main message that this was a win but the issue will inevitably led up the courts and it would be a long fight. </p>
<p>The mood was pretty jubilant &#8211; at one point, walking and round the corner of the Plaza to City Hall, with Karen Carpenter&#8217;s <em>What the World Needs Now</em> blaring out from the speakers, you felt a big lift of joy. I love it when you get that feeling of being alive and important things happening around you. </p>
<p>Anyway, some of the many speakers:</p>
<p>Dennis Herrera<br />
S.F. City Attorney </p>
<p>Eva Paterson<br />
President, Equal Justice Society</p>
<p>Kate Kendell<br />
Executive Director, National Center for Lesbian Rights</p>
<p>Geoff Kors<br />
Executive Director of Equality California</p>
<p>Kamala Harris<br />
San Francisco District Attorney</p>
<p>David Campos<br />
Board of Supervisors, SF</p>
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		<title>Updated software, new post</title>
		<link>http://kierenmccarthy.co.uk/2009/10/11/updated-software-new-post/</link>
		<comments>http://kierenmccarthy.co.uk/2009/10/11/updated-software-new-post/#comments</comments>
		<pubDate>Sun, 11 Oct 2009 21:08:45 +0000</pubDate>
		<dc:creator>Kieren</dc:creator>
				<category><![CDATA[Journalism]]></category>
		<category><![CDATA[Technology]]></category>

		<guid isPermaLink="false">http://kierenmccarthy.co.uk/?p=770</guid>
		<description><![CDATA[So I&#8217;ve finally updated the software that this blog uses &#8211; Wordpress &#8211; from 2.0.1 to 2.8.4 &#8211; which will mean nothing to most of you but cause others to wonder what the hell I&#8217;ve been up to.
I&#8217;ve also tidied up the page and fix a range of bugs so the site is clean and [...]]]></description>
			<content:encoded><![CDATA[<p>So I&#8217;ve finally updated the software that this blog uses &#8211; Wordpress &#8211; from 2.0.1 to 2.8.4 &#8211; which will mean nothing to most of you but cause others to wonder what the hell I&#8217;ve been up to.</p>
<p>I&#8217;ve also tidied up the page and fix a range of bugs so the site is clean and ready for some new posts. I&#8217;m still undecided how exactly to split up my two main blogs &#8211; kierenmccarthy.co.uk and kierenmccarthy.com. Or whether to just point them to the same place. </p>
<p>I&#8217;m tempted to make this (.co.uk) my personal blog and the dot-com site my professional face. But then I&#8217;m not sure I&#8217;d stick with that separation for very long and would find work posts here and personal posts on the dot-com site. Blogs sort-of dare you to be more personal. </p>
<p>Ah well, we shall see. </p>
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		<title>Who loves the Internet more: Obama or the Pope?</title>
		<link>http://kierenmccarthy.co.uk/2009/01/25/who-loves-the-internet-more-obama-or-the-pope/</link>
		<comments>http://kierenmccarthy.co.uk/2009/01/25/who-loves-the-internet-more-obama-or-the-pope/#comments</comments>
		<pubDate>Sun, 25 Jan 2009 21:13:51 +0000</pubDate>
		<dc:creator>Kieren</dc:creator>
				<category><![CDATA[Internet]]></category>
		<category><![CDATA[Journalism]]></category>

		<guid isPermaLink="false">http://kierenmccarthy.co.uk/2009/01/25/who-loves-the-internet-more-obama-or-the-pope/</guid>
		<description><![CDATA[It seems that the Internet is catching on with the most powerful men in the world. Both the Pope and the new US president Barack Obama have this week announced new web strategies and told anyone that would listen how much they love this Internet.
The conversion is hardly surprising &#8211; both men derive most of [...]]]></description>
			<content:encoded><![CDATA[<p>It seems that the Internet is catching on with the most powerful men in the world. Both the Pope and the new US president Barack Obama have this week announced new web strategies and told anyone that would listen how much they love this Internet.</p>
<p>The conversion is hardly surprising &#8211; both men derive most of their enormous power from being able to communicate directly to millions. And if there&#8217;s one thing the Internet does well, it is mass communication. Here the question though: who loves the Internet more &#8211; Obama or the Pope?</p>
<p>Let&#8217;s find out in a head-to-head competition&#8230;</p>
<p><a href="http://kierenmccarthy.com/2009/01/25/who-loves-the-internet-more-obama-or-the-pope/#more-614">Continue reading &#8216;Who loves the Internet more: Obama or the Pope?&#8217;</a></p>
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		<title>Nominet Board fight rolls on</title>
		<link>http://kierenmccarthy.co.uk/2009/01/22/nominet-board-fight-rolls-on/</link>
		<comments>http://kierenmccarthy.co.uk/2009/01/22/nominet-board-fight-rolls-on/#comments</comments>
		<pubDate>Thu, 22 Jan 2009 04:58:07 +0000</pubDate>
		<dc:creator>Kieren</dc:creator>
				<category><![CDATA[Internet]]></category>
		<category><![CDATA[Journalism]]></category>
		<category><![CDATA[Nominet]]></category>

		<guid isPermaLink="false">http://kierenmccarthy.co.uk/2009/01/22/nominet-board-fight-rolls-on/</guid>
		<description><![CDATA[Yet another extraordinary statement has come out of Nominet &#8211; the .uk registry owner &#8211; today. This time, the chairman Bob Gilbert lambasts a &#8220;number of false allegations&#8221; made in a resignation letter from former director Jim Davies.
The letter was posted on the Nominet members&#8217; private mailing list, nom-steer, and contains &#8220;sensitive and confidential board [...]]]></description>
			<content:encoded><![CDATA[<p>Yet another extraordinary statement has come out of Nominet &#8211; the .uk registry owner &#8211; today. This time, the chairman Bob Gilbert lambasts a &#8220;number of false allegations&#8221; made in a resignation letter from former director Jim Davies.</p>
<p>The <a href="http://www.dnforum.com/f557/you-nominet-member-thread-345830.html" target="_blank">letter</a> was posted on the Nominet members&#8217; private mailing list, nom-steer, and contains &#8220;sensitive and confidential board and HR matters&#8221;. </p>
<p>In it, Davies provides details of an executive compensation package through which he accuses the CEO of unfairly profiting from the non-profit organization, and also alleges that the previous head of IT was kicked out the company for raising a concern about the CEO&#8217;s behaviour. </p>
<p>This is just the latest broadside in a war that has been raging at the heart of Nominet for almost a year.</p>
<p><a href="http://kierenmccarthy.com/2009/01/22/nominet-board-fights-roll-on/#more-465">Continue reading &#8216;Nominet Board fight rolls on&#8217;</a></p>
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		<title>Jennifer Lopez fights cybersquatting case</title>
		<link>http://kierenmccarthy.co.uk/2009/01/22/jennifer-lopez-fights-cybersquatting-case/</link>
		<comments>http://kierenmccarthy.co.uk/2009/01/22/jennifer-lopez-fights-cybersquatting-case/#comments</comments>
		<pubDate>Thu, 22 Jan 2009 04:54:48 +0000</pubDate>
		<dc:creator>Kieren</dc:creator>
				<category><![CDATA[Internet]]></category>
		<category><![CDATA[Journalism]]></category>

		<guid isPermaLink="false">http://kierenmccarthy.co.uk/2009/01/22/jennifer-lopez-fights-cybersquatting-case/</guid>
		<description><![CDATA[Singer Jennifer Lopez has filed papers against the owner of jenniferlopez.org and jenniferlopez.net, accusing him of cybersquatting.
The two sites are owned by one Jeremiah Tieman who lives in Arizona and uses the sites to display news, pictures and videos of and about the singer and includes a disclaimer at the bottom stating that the sites [...]]]></description>
			<content:encoded><![CDATA[<p><img src="http://kierenmccarthy.com/wp-content/uploads/2009/01/jennifer_lopez-150x150.jpg" alt="" title="Jennifer Lopez" width="150" height="150" class="alignleft size-thumbnail wp-image-432" />Singer Jennifer Lopez has filed papers against the owner of jenniferlopez.org and jenniferlopez.net, accusing him of cybersquatting.</p>
<p>The two sites are owned by one Jeremiah Tieman who lives in Arizona and uses the sites to display news, pictures and videos of and about the singer and includes a disclaimer at the bottom stating that the sites are fan sites and are not endorsed by Lopez. However, both sites also include prominent ads and links through to affiliate sites.</p>
<p>Case <a href="http://www.wipo.int/amc/en/domains/search/case.jsp?case_id=15019" target="_blank">D2009-0057</a> was filed last week with the World Intellectual Property Organization (WIPO) by Lopez&#8217;s charitable foundation &#8211; which support women and children on low incomes &#8211; rather than her hard-hitting IP lawyers Fross, Zelnick, Lehrman and Zissu who are the registered owners of Lopez&#8217;s dotcom website.</p>
<p><a href="http://kierenmccarthy.com/2009/01/19/jennifer-lopez-fights-cybersquatting-case/#more-428">Continue reading &#8216;Jennifer Lopez fights cybersquatting case&#8217;</a></p>
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		<title>Net marvels: the Obama Inauguration</title>
		<link>http://kierenmccarthy.co.uk/2009/01/12/net-marvels-the-obama-inauguration/</link>
		<comments>http://kierenmccarthy.co.uk/2009/01/12/net-marvels-the-obama-inauguration/#comments</comments>
		<pubDate>Mon, 12 Jan 2009 03:34:58 +0000</pubDate>
		<dc:creator>Kieren</dc:creator>
				<category><![CDATA[Internet]]></category>
		<category><![CDATA[Journalism]]></category>

		<guid isPermaLink="false">http://kierenmccarthy.co.uk/2009/01/12/net-marvels-the-obama-inauguration/</guid>
		<description><![CDATA[There&#8217;s nothing like a big event to get people thinking, particularly when that event is the inauguration of a president who brings with him the hopes and dreams of a generation.
Barack Obama will be sworn in as 44th President of the United States in nine days on Tuesday 20th January. There are also a range [...]]]></description>
			<content:encoded><![CDATA[<p><a href="http://kierenmccarthy.com/2009/01/12/net-marvels-the-obama-inauguration/"><img src="http://kierenmccarthy.com/wp-content/uploads/2009/01/obama-poster-196x300.jpg" alt="" title="Obama inauguration poster" width="196" height="300" class="alignleft size-medium wp-image-272" /></a>There&#8217;s nothing like a big event to get people thinking, particularly when that event is the inauguration of a president who brings with him the hopes and dreams of a generation.</p>
<p>Barack Obama will be sworn in as 44th President of the United States in nine days on Tuesday 20th January. There are also a range of events in the weekend leading up to it and on the Monday before &#8211; Martin Luther King Day &#8211; and all that has got people&#8217;s online minds whirring. </p>
<p>Here&#8217;s a quick rundown of the best spots on the Net about the inauguration and inspired by the inauguration:</p>
<p><a href="http://kierenmccarthy.com/2009/01/12/net-marvels-the-obama-inauguration/#more-268">Continue reading Net marvels: the Obama Inauguration</a></p>
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		<title>Frost/Nixon: Film review</title>
		<link>http://kierenmccarthy.co.uk/2008/12/14/frostnixon-film-review/</link>
		<comments>http://kierenmccarthy.co.uk/2008/12/14/frostnixon-film-review/#comments</comments>
		<pubDate>Sun, 14 Dec 2008 21:24:21 +0000</pubDate>
		<dc:creator>Kieren</dc:creator>
				<category><![CDATA[Journalism]]></category>

		<guid isPermaLink="false">http://kierenmccarthy.co.uk/2008/12/14/frostnixon-film-review/</guid>
		<description><![CDATA[
It may be worth declaring a conflict of interest straight off: I canâ€™t stand David Frost. 
As a child, he instilled a strange kind of lonely hatred on Through the Keyhole â€“ a formulaic game show in which the preening host would constantly insert amusing anecdotes about some famous person he had interviewed decades earlier.
And [...]]]></description>
			<content:encoded><![CDATA[<p><img src="http://kierenmccarthy.com/wp-content/uploads/2008/12/nixon-let-down.jpg" alt="" title="Nixon - I let the people down" width="500" height="175" class="alignnone size-full wp-image-69" /></p>
<p>It may be worth declaring a conflict of interest straight off: I canâ€™t stand David Frost. </p>
<p>As a child, he instilled a strange kind of lonely hatred on <em>Through the Keyhole</em> â€“ a formulaic game show in which the preening host would constantly insert amusing anecdotes about some famous person he had interviewed decades earlier.</p>
<p>And as an adult, embarrassment turned to frustration as politician after politician was given an easy ride on <em>Breakfast with Frost</em> â€“ the BBC Sunday morning current affairs show that was finally booted off air in 2005 (but not before 12 years of instantly forgettable and, in some cases, depressingly bad interviews).</p>
<p>But these shows are minor manifestations of the two things that David Frost has been doing with extraordinary consistency for the past 40 years: interviewing people and annoying people. </p>
<p><span id="more-763"></span>It was announced at Peter Cookâ€™s funeral that the comedian had only one regret in life: saving David Frost from drowning in 1963. Monty Python felt similarly and its members spent years ridiculing the man on TV, on radio and in print. In fact, the long list of people who have taken a distinct dislike to David Frost is beaten only by the list of people he had interviewed. Itâ€™s as if he is trying to outpace his own personality. </p>
<p>It is entirely consistent then that Frost has also managed to infuriate the screenwriter of <em>Frost/Nixon</em>, a film that portrays what was undeniably the highlight of the Frostâ€™s career: a series of interviews with disgraced former president Richard Nixon in 1977. </p>
<p>Those interviews â€“ or, more accurately, ten minutes in one of four hour-long interviews &#8211; entered into television legend when Frost managed to elicit what thousands of lawyers, journalists, politicians and judges had failed to get out of the stonewalling 37th President of the United States: an apology.</p>
<p><strong>Reduced to an anecdote</strong></p>
<p>But it has been 27 years since those interviews. What was once striking seems now out-of-date; what was once daring is now par for the course. The moment in which Nixon confessed that he had let down the American people and the whole system of government has become an historical anecdote, recalled dimly by those that were there, and retold unclearly to those that were not alive or were too young at the time.</p>
<p>Until that was playwright Peter Morgan saw something fresh in the story. Morgan has publicly steered away from comparisons with George W. Bush, but there can be little doubt that the resonance of Frost/Nixon has much to do with the fact that another controversial president is leaving office and that the American people feel somehow cheated and in need of some kind of apology for recent woes.</p>
<p>Morgan wrote a play that open in London in 2006 and which became an instinct success. Shortly after, director Ron Howard (<em>The Da Vinci Code</em>, <em>A Beautiful Mind</em>, <em>Apollo 13</em>, <em>Cocoon</em>) visited and decided he had to make a film version of the play. And thatâ€™s exactly what happened, with not only Morgan as screenwriter but the two lead actors in the play &#8211; Frank Langells as Nixon and Michael Sheen as Frost â€“ reprising their roles on the big screen.</p>
<p>The result is very close to the play and so both dramatic and spellbinding. It takes a director of great skill to make himself invisible when adapting a story from one form to another but Howard pulls it off. Nothing too flashy or over-the-top and yet the pace is kept up and the tension â€“ which ultimately makes the film â€“ is skillfully drawn in to the climax and then just as skillfully released. </p>
<p>It helps of course that Peter Morgan managed to make the story of two difficult, egotistical men talking to one another for 12 hours a gripping event. And he did so by telling the backstory, using â€“ in Morganâ€™s own words â€“ Frostâ€™s &#8220;extraordinary self-aggrandizing lopsided version of events,&#8221; as published in his book <em>I Gave Them a Sword</em>, as well as a behind-the-scenes account by a key researcher in the original interviews, James Reston, since published as <em>The Conviction of Richard Nixon</em>.</p>
<p><strong>Out of his depth</strong></p>
<p>As such, both play and film put into context Frostâ€™s extraordinary efforts to secure the interviews with Nixon. Here was a British talk show host more at home trading sparky anecdotes with sports stars than trying to secure a lengthy interview with a difficult, defensive and extraordinary intelligent political giant who had recently been pushed out of the most powerful job in the world. </p>
<p><img src="http://kierenmccarthy.com/wp-content/uploads/2008/12/nixon-frost.jpg" alt="" title="Nixon with Frost" width="500" height="248" class="alignnone size-full wp-image-75" /></p>
<p>Unsurprisingly, no one took Frost seriously, least of all Nixon. In the end, it was pure greed that led to the interviews going ahead: Frost offered $600,000 for a series of four interviews, and Nixon felt it would be easy money. As the film makes clear, however, Frost struggled to meet even the $200,000 signing fee, particularly after all the main US networks refused to take the interviews â€“ leading Frost to have to broker dozens of different deals in order to pull in the money.</p>
<p>Frost also had to put together a team of people that could make the most of his multi-million dollar gamble (in total, the enterprise cost $2 million, or around $7 million today). That wasnâ€™t without its own problems â€“ personalities clashed as the team argued about the best way to attack the problem. And then there were Nixonâ€™s people: defensive, suspicious, used to being in charge. The film covers this backstory brilliantly â€“ focusing on aspects that move the narrative forward without getting sidetracked on the multitude of interesting stories along the way. </p>
<p>The film doesnâ€™t shy away from the fact that the interviews themselves were nearly a flop either. Apart from an interesting start on day one, Nixon controlled the floor as Frost floundered. This caused tension in Frostâ€™s team, leading to one dramatic scene where Frost them that if they didnâ€™t think the whole enterprise was going to be a success they should leave immediately. He then invites them to a grand birthday party in his honour.</p>
<p>There are light-hearted moments that give depth to the characters: Frost picking up of an attractive woman on a flight into Los Angeles; Nixon trying to knock Frost off-track by asking him left-field questions about his shoes and his sex life; Restonâ€™s limp capitulation to shaking Nixonâ€™s hand when he first meets him; Nixon getting a cheque made out into his name. </p>
<p>These moments, and the general hubbub that surrounds the filming of a big interview, all help focus attention and so build up tension when they are stripped away for the climax of the film â€“ the moment that Nixon confronts his lies and his stonewalling and the appalling abuses of the power that was provided to him as president of his nation. </p>
<p><strong>Where fiction meets reality</strong></p>
<p>In an entirely fictional but powerful scene, Nixon calls Frost the night before the final interview and tries to relate to the man interrogating him. The real Frost/Nixon interviews in 1977 never managed to get into Nixonâ€™s head and so the film does it for us â€“ providing a glimpse of the world through the eyes of a man who rose from nothing to become president but who on the way was blown horribly off-course. </p>
<p>Langells â€“ who looks nothing like Nixon â€“ starts to become the man as he struggles with conflicting thoughts and feelings. Sheen, likewise, plays Frost with tremendous sympathy: a determined yet very human interviewer who recognizes he is probably out of his depth but finds the courage to plough on. And this tension from the last-night phonecall is carried into the final day of filming, when Frost expertly prods Nixon into his famous confession.</p>
<p><img src="http://kierenmccarthy.com/wp-content/uploads/2008/12/frost-haunted.jpg" alt="" title="Frost - Haunted for the rest of your life." width="460" height="155" class="alignnone size-full wp-image-74" /></p>
<p>In the moments before the audience is given its release â€“ as Frost sits pregnant on the edge of his seat; Nixon rolls words and phrases around in his head; and popcorn hovers over hundreds of peopleâ€™s mouths â€“ for a moment it is possible to look back nearly 30 years and understand what it must have been like for a nation torn apart by Vietnam and Watergate to have their former president finally confront his culpability on screen and in close-up.</p>
<p>For that reason alone, <em>Frost/Nixon</em> is a remarkable and valuable film. It brings something important alive and keeps this moment in history in peopleâ€™s minds for another generation. </p>
<p>It is not without its flaws however. As ever with such a persuasive medium as cinema, the artistic licenses taken with the story (carried over from the play) will soon be fixed as fact in many peopleâ€™s minds.  The late-night phonecall never happened; the dramatic break when Nixon was about to confess was created by Frost, not Nixonâ€™s chief of staff; the â€œlast-minuteâ€ Watergate revelations had been uncovered eight months earlier by Reston; the interviews actually continued for another two days after the Watergate session. </p>
<p><strong>Confession</strong></p>
<p>These are all dramatic devices and probably harmless. What is less harmless is the confession itself. Far from the sharp, concise, tense confession Nixon provides in the film, the reality &#8211; as watched by millions of Americans &#8211; was a very much longer answer, circular with a number of explanations and threads, and ending with Nixon blaming his mistakes on listening to his heart rather than his head. By boiling down this real-world answer to a short clip, almost soundbite, history is rewritten in the worst sort of way: the past is redrawn to fit in with the present. </p>
<p>Also, as brilliantly written, filmed and acted as the film is, it will never become a great film for the simple reason that the subject matter offers no hope and the interview itself had no great or lasting impact. There are no lessons to learn here. As it is, <em>Frost/Nixon</em> is an entertaining and insightful record of a dirty job well done. Watch it once, be glad it happened, and move along.</p>
<p><strong>[7/10]</strong></p>
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		<title>Satriani vs Coldplay: court docs and audio links</title>
		<link>http://kierenmccarthy.co.uk/2008/12/11/satriani-vs-coldplay-court-docs-and-audio-links/</link>
		<comments>http://kierenmccarthy.co.uk/2008/12/11/satriani-vs-coldplay-court-docs-and-audio-links/#comments</comments>
		<pubDate>Thu, 11 Dec 2008 00:11:04 +0000</pubDate>
		<dc:creator>Kieren</dc:creator>
				<category><![CDATA[Journalism]]></category>
		<category><![CDATA[Los Angeles]]></category>

		<guid isPermaLink="false">http://kierenmccarthy.co.uk/2008/12/11/satriani-vs-coldplay-court-docs-and-audio-links/</guid>
		<description><![CDATA[So British superband of the moment Coldplay is being sued in Los Angeles for plagiarising guitarist Joe Satriani in their hit Viva la Vida. Joe says that the song &#8211; also the title of Coldplay&#8217;s fourth album &#8220;incorporated substantial, original portions of Plaintiff&#8217;s composition &#8216;If I Could Fly&#8216;.&#8221; 
Read the actual court document detailing the [...]]]></description>
			<content:encoded><![CDATA[<p>So British superband of the moment Coldplay is being sued in Los Angeles for plagiarising guitarist Joe Satriani in their hit <em>Viva la Vida</em>. Joe says that the song &#8211; also the title of Coldplay&#8217;s fourth album &#8220;incorporated substantial, original portions of Plaintiff&#8217;s composition &#8216;<em>If I Could Fly</em>&#8216;.&#8221; </p>
<p class="alert">Read the actual court document <a href='http://kierenmccarthy.com/wp-content/uploads/2008/12/satriani-coldplay-compliant-doc1.pdf'>detailing the case against Coldplay here</a>.</p>
<p>The court docs were filed last week &#8211; 4 December &#8211; and so of course, the Internet being the extraordinary global gossip network that it is, the story has swamped a million blogs and newspapers. Joe has done an <a href="http://www.musicradar.com/news/guitars/joe-satriani-speaks-about-coldplay-lawsuit-185914" target="_blank">interview with Music Radar</a> saying that it &#8220;felt like a dagger went right through my heart&#8221; when he first heard Coldplay&#8217;s composition. Following the media frenzy, Coldplay has responded with a <a href="http://www.coldplay.com/newsdetail.php?id=242" target="_blank">note on its website</a> saying &#8220;if there are any similarities between our two pieces of music, they are entirely coincidental&#8221; and asking that Joe &#8220;respectfully accept our assurances&#8221; that they didn&#8217;t rip him off. </p>
<p>Something that always bugs me about stories covering lawsuits is that media outlets never provides links the documents themselves, so I thought I&#8217;d fix that and go grab the docs and post them here. </p>
<p><span id="more-762"></span>Meanwhile, the YouTubers have leapt into action, posting videos (more audio files with pics added) that play the clips apart and together. There is no doubt that the two songs have the same pace, the same melody, the same chord progression &#8211; and this has sparked an even bigger frenzy.</p>
<p><object width="425" height="344"><param name="movie" value="http://www.youtube.com/v/1ofFw9DKu_I&#038;hl=en&#038;fs=1"></param><param name="allowFullScreen" value="true"></param><param name="allowscriptaccess" value="always"></param><embed src="http://www.youtube.com/v/1ofFw9DKu_I&#038;hl=en&#038;fs=1" type="application/x-shockwave-flash" allowscriptaccess="always" allowfullscreen="true" width="425" height="344"></embed></object><br />
<a href='http://www.youtube.com/watch?v=1ofFw9DKu_I' >Satriani and Coldplay comparison</a></p>
<p>But back the court docs themselves. So far there have been four filings in case CV08-07987.</p>
<ul>
<li>The <a href='http://kierenmccarthy.com/wp-content/uploads/2008/12/satriani-coldplay-compliant-doc1.pdf'>initial complaint</a> filed on the 4th December (and entered into court on the 8th &#8211; after Joe gave his interview, so don&#8217;t think that Joe and his lawyers aren&#8217;t making as much of this as they can).</li>
<li>A <a href='http://kierenmccarthy.com/wp-content/uploads/2008/12/satriani-coldplay-doc2.pdf'>notice of interested parties</a> &#8211; a legal thing and basically just a list of Coldplay members with their record label (Capitol)</li>
<li>A copy of the <a href='http://kierenmccarthy.com/wp-content/uploads/2008/12/satriani-coldplay-doc3.pdf'>filing of copyright infringement</a> with the Copyright Office in Washington DC</li>
<li>And a note that on 9 December that the case had been &#8220;heard&#8221; and had <a href='http://kierenmccarthy.com/wp-content/uploads/2008/12/satriani-coldplay-doc4.pdf'>entered into the system</a> with Judge Dean D. Pregerson presiding over the case. </li>
</ul>
<p><strong>So, what do the court docs actually say?</strong></p>
<p>Well, that Mr Satriani is one of the &#8220;premier rock guitarists&#8221; in the world &#8211; which I have to admit is news to me as I&#8217;d never heard of him before now. But apparently he has sold 10 million albums &#8211; so it must be a US thing.</p>
<p>He alleges that the Coldplay song &#8220;copies and incorporated substantial, original portions of Plaintiff&#8217;s composition &#8216;<em>If I Could Fly</em>&#8216;&#8221; and that there is a &#8220;substantial similarity between the two works&#8221;.</p>
<p>The case has three claims: Copyright Infringement; Constructive Trust (basically that Coldplay have received money that belong to him and so are &#8220;involuntary trustees&#8221;); and For An Accounting &#8211; which basically says that he doesn&#8217;t know how much Coldplay have earned from Viva la Vida and so that is why there isn&#8217;t an amount in the lawsuit that he is seeking.</p>
<p>He is however seeking &#8220;any and all profits of Defendants that are attributable to their acts of infringement&#8221; &#8211; basically any money at all that Coldplay have made from sales of the single, and quite possible from album sales and gigs where they have played the song. </p>
<p>As unlikely as that may seem, it has already happened once or twice in the past &#8211; most famously when The Verve had to give all the money it made from <em>Bittersweet Symphony</em> to The Rolling Stones because they stole the basic orchestral flow of the song. </p>
<p>However, Mr Satriani assertion that Coldplay &#8211; and everyone else &#8211; be prevented from playing the song while the court case in action is never going to happen and is just an example of an LA lawyer aiming for everything.</p>
<p><strong>So, will Joe win?</strong></p>
<p>Well, in cases such as this, it&#8217;s more a matter of proving how big you are, rather than being bigger than who you are suing. So, for example, George Harrison of The Beatles has to pay damages from his hit single <em>My Sweet Lord</em> because it was very similar to <em>He&#8217;s So Fine</em> by The Surpremes. The copying was unintentional, George said &#8211; and no one has any reason to disbelieve him &#8211; in much the same way we have no reason to disbelieve Coldplay when it says it unintentionally copied Joe&#8217;s music.</p>
<p>What Joe will have to prove is that he is a big enough fish. He doesn&#8217;t have to be as big as Coldplay but he should be a name that people already recognise. He fails that in my eyes, but then the court case is in America and I&#8217;m not American (although I am living here) so I&#8217;m a hopeless judge of his stature in the eyes of people here.</p>
<p>Will it mean the end of music as we know it? Nope. These things keep rolling on. Bigger principles than whether Coldplay can buy another mansion are at foot and they will barely notice the cash. If you want evidence of the fact that music will keep rolling on &#8211; consider the irony of <a href="http://www.youtube.com/watch?v=JVInsscTFQ8" target="_blank">The Verve singer Richard Ashcroft singing Bittersweet Symphony with Coldplay</a> live on stage. </p>
<p>All interesting stuff that I&#8217;ll be following.</p>
<p><strong>Possible conflict of interest:</strong> I think the lead singer of Coldplay, Christopher Martin, is a twat.</p>
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		<title>The Internet Governance Forum â€“ third time lucky</title>
		<link>http://kierenmccarthy.co.uk/2008/09/21/the-internet-governance-forum-%e2%80%93-third-time-lucky/</link>
		<comments>http://kierenmccarthy.co.uk/2008/09/21/the-internet-governance-forum-%e2%80%93-third-time-lucky/#comments</comments>
		<pubDate>Sun, 21 Sep 2008 02:21:15 +0000</pubDate>
		<dc:creator>Kieren</dc:creator>
				<category><![CDATA[Internet]]></category>
		<category><![CDATA[Journalism]]></category>
		<category><![CDATA[Uncategorized]]></category>
		<category><![CDATA[WSIS]]></category>

		<guid isPermaLink="false">http://kierenmccarthy.co.uk/2008/09/21/the-internet-governance-forum-%e2%80%93-third-time-lucky/</guid>
		<description><![CDATA[I was at the United Nations in Geneva last week to watch what was happening to the Internet Governance Forum (IGF) as it prepares for its third outing, this December in Hyderabad, India.
Actually I was there for a different reason &#8211; an ICANN consultative meeting on the future of the organization the morning before the [...]]]></description>
			<content:encoded><![CDATA[<p>I was at the United Nations in Geneva last week to watch what was happening to the Internet Governance Forum (IGF) as it prepares for its third outing, this December in Hyderabad, India.</p>
<p>Actually I was there for a different reason &#8211; an ICANN consultative meeting on the future of the organization the morning before the UN meeting &#8211; but it seemed daft to fly all that way and not check out the day of open discussions about the IGF. Plus I have a real soft spot for the IGF and the people that have worked extremely hard to make it a success.</p>
<p>I was a witness to the IGFâ€™s creation, on paper, at the World Summit on the Information Society back in 2005, and then followed it all the way through various preparatory sessions as a reporter. </p>
<p>At the inaugural IGF in Athens, I was asked to be the conferenceâ€™s â€œblogger-in-chiefâ€ â€“ a position that, ironically enough, my current employer tried to veto. As a semi-official part of the IGF, I also got to see behind the scenes, and was impressed with the hard work, dedication and calm handling of what was an enormous and risky experiment. A lot of people at the time confessed to turning up just to see what would happen â€“ spectators to what could have been the biggest diplomatic car crash for a decade. In the end, despite the odds, it shone through.</p>
<p><span id="more-761"></span><!--break--><strong>Her name was Rio</strong></p>
<p>Inspired by the meetingâ€™s efforts to find Internet-style solutions to some very big problems, I also helped set up one of the new â€œdynamic coalitionsâ€ &#8211; for â€œonline collaborationâ€. The extremely limited resources the IGF team had meant that their Internet options were extremely limited â€“ and this at a time when everyone was talking about Web 2.0. </p>
<p>By the time the second IGF came around, this time in Rio de Janeiro, I had made the unusual choice of taking a job with ICANN which unfortunately put a whole different complexion on things. The Brazilian hosts were making it very plain they intended to make ICANN a central discussion point of their meeting &#8211; and not in a positive way. ICANN instinctively went into a defensive crouch, and you can hardly blame it considering the organisation was nearly torn limb-from-limb during the WSIS process.</p>
<p>As a result, I stepped back from helping out the IGF organizers â€“ something I still wish I could have avoided. Although since I helped ICANN to become more open and forthcoming in Rio, I am content with the belief that I helped ensure that the IGF didnâ€™t come to represent a place of combat rather than a location for collaboration and open discussion.</p>
<p>The Rio meeting also saw the collapse of the dynamic coalition I had worked hard at. Partly it was due to the fact that my new job left me with no free time, but more so it was thanks to several people trying to use the credibility that had been built up behind it as a political platform for their personal agendas. </p>
<p>I explain all this because from a personal perspective my natural bias would likely be to see the IGF as going down the tubes. It has only a five-year mandate from the UN Secretary-General and the Rio meeting saw a lot of people pondering whether they would bother to attend the next. </p>
<p>Itâ€™s not as if there arenâ€™t already 1,000 different conferences about the Internet. Governments appeared to be stepping back from the process; the fight-fans who had hoped to get ringside tickets to a global Net bout felt cheated; what were the dynamic coalitions actually achieving anyway; and, what exactly was the point of going to India? What would you miss if you didnâ€™t go?</p>
<p><strong>Muffled movement</strong></p>
<p>Iâ€™ve not followed the progress of IGF 3, so I have to say it was a delight to see that, far from it falling apart, the whole Internet Governance Forum seems to be coming together.</p>
<p>Donâ€™t get me wrong, if any normal person off the street walked into Room XIX in the Palais des Nations last Tuesday, they would have been overcome with the sense of self-interested individuals having an incredibly long and incredibly boring discussion about something that should somehow be exciting and riveting but very clearly wasnâ€™t.</p>
<p>The IGF process remains the domain of insiders, geeks, paid advocates and people with too much time on their hands. A significant number of the Meeting Advisory Group (MAG) that makes most of the decisions surrounding the IGF donâ€™t even bother turning up to the open consultations. I was tempted to do a headcount but for some reason my natural trouble-making inclinations failed me.</p>
<p>So if it was the same old rigmarole, the same people talking to the same people saying the same things in a heavily padded room through little plastic ear cups, where does my optimism come from?</p>
<p>Almost entirely I think from the IGF Secretariat. The UN staff has been given some stark assessments from headquarters in New York. It is fortunate that the IGF hardly costs the UN anything, relying instead on voluntary contributions, but it is still a big show put on by the United Nations so it has to show its value, and show it soon.</p>
<p>A review of the forum has been ordered and despite efforts to socialize the idea among the great and good gathered in Geneva, it is going to start at the Hyderabad meeting whether people like it or not.</p>
<p>The IGF has to show progress, it has to start carving out its own role, demonstrating its value, and produce something of real originality. Otherwise itâ€™s a goner in 2010. And the IGF Secretariat has started work on that, very carefully and cleverly and with all the diplomatic nous that its main figure, Markus Kummer, is renowned for.</p>
<p>The most significant example of this is in the colour-coding of workshops that will take place in Hyderabad. The emphasis of the IGF has always been on multistakeholderism, which means, basically, getting governments, business, the technical community and civil society talking together.</p>
<p>The workshops are supposed to be multistakeholder i.e. have someone from each group, but this has been frequently ignored, or given lip-service to, or somehow not quite managed in the past. This year, the workshops were listed online and given a colour code â€“ green for fully multistakeholder; amber for not fully multistakeholder; and red for more work needs to be done.</p>
<p>The pressure is then placed on the organizers to get to a green status. And this process has also had the effect of getting people to work together to merge different workshops in order to get the full quotient of people. It has forced people to work together to a common goal. And it has worked in large part. I counted 88 workshops for a possible 98 spots with 1 red, 15 amber and the rest green.</p>
<p><strong>Officialdom</strong></p>
<p>There will be three main issues at the 2008 IGF, and they are:</p>
<p>â€¢	Reaching the next billion<br />
â€¢	Promoting cyber-security and trust, and<br />
â€¢	Managing critical Internet resources</p>
<p>For these three, there are two â€œofficialâ€ workshops each, and the same gentle pressure has been applied as with the other workshops â€“ albeit with less success &#8211; to get those jostling for position to work together. </p>
<p>This is a step forward from last year where the workshops often proved more valuable than the main sessions. By getting egos to clash over workshops, it may be that the main sessions arenâ€™t dragged down through bureaucratic compromise. </p>
<p>There will still be the need for people â€“ especially government ministers â€“ to have set pieces, but there have been requests this time for moderators to be expert in the field, rather than simply expert moderators. And that shows that there is a hope for more in-depth discussion of the issues this time around. A depth that you get from policymakers, not politicians.</p>
<p><strong>Dead dynamics</strong></p>
<p>The IGF seems to be finding its feet and becoming more structured. Panels in the morning will â€œdistill lessonsâ€ that will then â€œfocus the debateâ€ in the afternoon. It wonâ€™t work like that in reality of course, but the stated intent is there and everyone agrees with it, which is a clear step forward.</p>
<p>The IGF website is also far more organized. It still looks horrendous, and it is difficult to find material, but the amount and quality of information has taken a big step forward â€“ particularly the inclusion of carefully edited MAG list emails. Only a handful of people will ever read them, but it is the act of having them that is important.</p>
<p>There was also an effort by Nitin Desai â€“ the UN-SGâ€™s special representative â€“ to press the dynamic coalitions into coming up with the goods. Those coalitions that havenâ€™t produce reports on their activities have been threatened with being â€œarchivedâ€. The IGF Secretariat was very careful not to come across as making demands but it is clear that a clean-up is underway (to arrive at a â€œreasonably tidy houseâ€, according to Desai) â€“ and rightly so. That the coalition I formed (and resigned from just after the Rio meeting) is more than likely to be swept up with the broom can only be a good thing.</p>
<p>It is also worth noting that one or two governments and businesses are also taking a bit of a punt of the IGF and have contributed significant sums of money this time around, lifting at least some of the pressure off. The Canadian government in particular is said to have donated a couple of hundred thousands dollars just to allow for increased participation in the Hyderabad meeting.</p>
<p><strong>The prep meeting</strong></p>
<p>So, what actually happened at the all-day Geneva meeting?</p>
<p>Well, from my perspective, there were five things of note:</p>
<p>1.	The usual prepared statements were fewer in number â€“ thank god<br />
2.	The governments seemed to be taking less of a public role â€“ not a good thing and also the explanation for why there were fewer prepared statements<br />
3.	The Brazilians have decided to use the emotive issue of child pornography to political ends. What political ends people will find out in December, but the cynical powerplay is disheartening<br />
4.	The IGF Secretariat were larger, more prepared and more confident<br />
5.	Some people â€“ notably civil society â€“ still donâ€™t get it</p>
<p>On the Brazilian thing: the Brazilians, who I very much like on a personal basis, flew over a Senator who has been heading a drive against child pornography at home. He then provided a very loud, almost-ranting political speech about the subject, claiming that Brazil was three years ahead of the rest of the world.</p>
<p>I have a very significant distrust of anyone using child pornography on the Internet as an argument for doing anything with the Internet. As a UK citizen, I have seen my Parliamentâ€™s main committee on the Internet completely overrun by zealots for all sorts of controls using the emotive shield of child porn to deflect perfectly reasonable questioning. I have seen efforts to introduce ridiculous laws written through the distorting lens of child porn. And I have seen upfront and in person the lives of innocent people ruined because political pressure opened the door to flawed police investigations.</p>
<p>Every time someone raises the issue of child pornography online, they come armed with a rhetorical question: why arenâ€™t we doing more about this? And then proceed to outline a series of measures that would see them laughed out the room if they were discussing any other subject.</p>
<p>As such, when I hear a Senator boasting about how his country is so much more advanced on fighting child porn than anyone else â€“ which, incidentally, is exactly what the UK claimed last year â€“ I become immediately concerned. My prediction is that shortly after the Brazilians outline the fantastic work they have done removing this repulsive (and extremely niche) activity, they will then outline how everyone else can do the same. And that it will just so happen that those methods fit perfectly with their political goals.</p>
<p><strong>Debate and dialogue</strong></p>
<p>But onto the fact that some people just donâ€™t get it. The most notable case is an academic who Iâ€™ve known for a number of years and who I know from experience never tires from railing against imagined malignant influence.</p>
<p>There was a semantic argument at one point in which someone asked for the main sessions to be called â€œdebate and dialogueâ€ rather than just â€œdebateâ€. The idea being that people donâ€™t necessarily want to just argue with one another, that there should also be some sharing of ideas and experiences.</p>
<p>It was a fairly harmless proposition, subsequently agreed to by others, but in the eyes of some the suggestion represented something far more grave and sinister. And so a false debate started on the issue of debate. The proposition was that the word â€œdialogueâ€ be added to the title, but it was misrepresented as having been put forward as a sole replacement â€“ and then furiously denounced as such. </p>
<p>The issue of debate thus became that dayâ€™s controversy, and speakers, bored from having flown halfway across the world to sit in a huge beige hall, found something to fight over. It was a complete waste of everyoneâ€™s time but it does demonstrate that some people still havenâ€™t got it.</p>
<p>Got what? That the IGFâ€™s unique selling point, itâ€™s original nature, its very value and essence comes in getting people from different backgrounds and cultures to overcome their suspicions and differences and find a solution that they can all agree on in furtherance of an Internet that everyone benefits from and which no one can control. And a big part of that process is people letting go of the chips on their shoulders. </p>
<p>Civil society, for example, wants public policy debates where advocates thrash it out, firing facts and figures at their opponents, uncovering misdeeds and through this approach define the best way forward. </p>
<p>What it fails to realise is that the people that actually make those decisions in the real world â€“ governments mostly, but also industry actors in democratic states â€“ donâ€™t use that approach for the simple reason that it doesnâ€™t work. All you end up with is bold but unworkable statements from parties that are now in a confrontational relationship. Itâ€™s the opposite of arriving at policy decisions. Fine in a courtroom; pointless in a drafting office.</p>
<p><strong>The people&#8217;s representative</strong></p>
<p>Itâ€™s not just civil society that still has problems adjusting. Governments have terrible trouble grasping the idea of being an equal stakeholder rather than the decider. They failed miserably when the MAG was being readjusted to provide non-government actors with more power and insisted on retaining their majority position. Likewise, government representatives still canâ€™t bring themselves to participate in the debate, preferring instead to read prepared statements or react  only to statements for which they know the official line. </p>
<p>Government representatives also rarely mix with the others in the room. Many shun public meetings altogether. And they provide only a minimum of interactivity with the IGFâ€™s flagship products: workshops and dynamic coalitions. Their placid behaviour in public is, sadly, matched by petulant and unreasonable behaviour behind closed doors.</p>
<p>But it is all very much better than it was. Three years ago, no one trusted anyone else. As the IGF processes have continued and no one has â€œlostâ€ anything, so the focus has gradually drawn into the issues and solutions to the issues. </p>
<p>There is still paranoia and its flipside, plotting, but what the Geneva meeting demonstrated through its glorious tedium was that the multistakeholderites are just as content planning a meeting together as they fighting with one another.  </p>
<p>The longer the IGF continues in the same vein â€“ finding a way to avoid pressing one anotherâ€™s buttons â€“ the more this understanding will be allowed to foster. And then we will really have a forum worth visiting. It wonâ€™t be sexy, it wonâ€™t be good TV and it wonâ€™t be particularly interesting but it will get some serious work done on an enormously complex subject â€“ namely, figuring out how to deal with this Internet thingy.</p>
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		<title>Blog posts to come</title>
		<link>http://kierenmccarthy.co.uk/2008/09/03/blog-posts-to-come/</link>
		<comments>http://kierenmccarthy.co.uk/2008/09/03/blog-posts-to-come/#comments</comments>
		<pubDate>Wed, 03 Sep 2008 03:06:05 +0000</pubDate>
		<dc:creator>Kieren</dc:creator>
				<category><![CDATA[Journalism]]></category>

		<guid isPermaLink="false">http://kierenmccarthy.co.uk/2008/09/03/blog-posts-to-come/</guid>
		<description><![CDATA[I have been itching to do some writing but have been caught up with other things: friends visiting, fixing up the van, and work. So I&#8217;ll quickly going to knock up a list of blog posts I want to write so I don&#8217;t forget next time I am in front of a laptop, have 20 [...]]]></description>
			<content:encoded><![CDATA[<p>I have been itching to do some writing but have been caught up with other things: friends visiting, fixing up the van, and work. So I&#8217;ll quickly going to knock up a list of blog posts I want to write so I don&#8217;t forget next time I am in front of a laptop, have 20 minutes and the urge to write&#8230;</p>
<p>* A review of the film Bottleshock<br />
* Fixing up a VW Split-screen camper: pain and pleasure<br />
* Amazon&#8217;s Kindle &#8211; review of a revolution<br />
* American politics: the horror that a bipartisan media represents<br />
* A review of the film Gonzo<br />
* Various book reviews<br />
* Strange habits of Californians<br />
* How to listen to the BBC Today programme in bed in Los Angeles<br />
* Other nonsense</p>
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