Friday, April 8, 2011

'Counter-Terror' Policy Targets Uyghurs

2011-04-07
A new report says China uses the threat of terrorism to crack down on Uyghurs in Xinjiang.

AFP
Uyghur men and women chat outside a mosque in Urumqi, July 17, 2009.

China's anti-terrorism policy deliberately targets ethnic minority communities such as Uyghurs and Tibetans struggling for greater autonomy, according to a white paper by a rights group.

The policy equates terrorism with groups pushing for more self-governing rights, is too broad in scope, and shirks international human rights commitments, said the Hong Kong and New York-based Human Rights in China (HRIC).

The paper looked into human rights concerns within the Shanghai Cooperation Organization (SCO), a regional intergovernmental organization which includes China and five other member states-Kazakhstan, Kyrgyzstan, Russia, Tajikistan, and Uzbekistan-with a total population of 1.5 billion people.

It said the SCO approach to counter-terrorism, modeled on China'sThree Evils doctrine, and highlighting principles of territorial integrity, noninterference in internal affairs, and social stability, contributes to supporting repressive regimes at the expense of human rights.

A failure to demand accountability from the SCO undermines the effectiveness and integrity of the international system in countering terrorism and advancing rule of law, peace, and security, HRIC said.

"China's approach to counter-terrorism is the Three Evils doctrine, and it links terrorism with separatism and extremism," HRIC director Sharon Hom said in an interview.

"This Three Evils approach is overbroad, highly politicized, and while not exclusively applied only to ethnic minority groups, it is regularly applied to Uyghurs and Tibetans in its practice."

Hom said other SCO member states follow China's lead by recognizing Xinjiang and Tibet as inalienable territories of China and repatriating its ethnic minorities who seek asylum within their borders.

"China has enormous clout in the SCO, and you can also see it in the ways in which the other SCO member states and the SCO will completely parrot China's line and China's policy on these two so-called autonomous regions."

Treatment of Uyghurs

The HRIC white paper said it found "serious issues" concerning China's treatment of Uyghurs, including the principle of non-refoulement and potential use of torture during interrogations.

Regulations specific to Xinjiang became part of China's domestic counter-terrorism legal framework in December 2009 when provincial-level lawmakers revised the region's Comprehensive Management of Social Order.

Through the revisions, Chinese authorities were ordered to specifically crack down on the three threats of "terrorism, separatism, and extremism" in the aftermath of the July 2009 ethnic violence in Urumqi which left hundreds dead, according to official media reports.

HRIC called the amendments "unique" to Xinjiang, adding that "such singular focus by the Chinese government ... suggests that the concept of terrorism has been applied in a biased fashion, with the Uyghur community the subject of intense scrutiny and suspicion."

It noted that while China does face real threats of terrorism, "the limited involvement of Uyghurs in terrorist acts cannot serve as justification of widespread repression throughout [Xinjiang] or the labeling of peaceful Uyghur activists under the rubric of the Three Evils."

Adherence to rules

But despite its reliance on the Three Evils doctrine, HRIC wrote, China continues to claim that it is acting to "firmly uphold and fulfill the resolutions of the United Nations General Assembly and the Security Council," according to a statement by the Chinese Ministry of Public Security (MPS).

Under U.N. rules, China pledged to oppose the "arbitrary widening" of the scope of fighting terrorism and identifying terrorism with any specific ethnic group or religion.

"The Three Evils doctrine undermines this principled approach and, in doing so, compromises human rights guaranteed under international law, and international counter-terrorism efforts as a whole," HRIC said.

HRIC recommended that Beijing narrow its "Three Evils"-based approach to national security and reformulate its definition of terrorism.

On June 24 last year, Chinese authorities announced they had broken up a "terrorist" ring of a Uyghur separatist group, the East Turkestan Islamic Movement (ETIM), after arresting more than ten of its members involved in an alleged major plot against China.

The announcement said that information leading to the arrest had been obtained through the investigation of 20 "individuals of Chinese citizenship" who had been deported to China on December 20, 2009-the exact date that Cambodia deported 20 Uyghurs seeking asylum following the July 5 ethnic unrest in Urumqi.

The statement also indicated that several of the alleged ETIM members had confessed to participating in a wide array of terrorist activities during interrogation.

Human Rights Watch said in February that the Cambodian government has a "dismal track record" of deporting refugees granted asylum status by the UNHCR, particularly those from neighboring countries such as China and Vietnam.

Ethnic tensions

Millions of Uyghurs-a distinct, Turkic minority who are predominantly Muslim-populate Central Asia and the Xinjiang region.

Ethnic tensions between Uyghurs and majority Han Chinese settlers have simmered for years, and erupted in riots in July 2009 that left some 200 people dead, according to the Chinese government's tally.

Uyghurs say they have long suffered ethnic discrimination, oppressive religious controls, and continued poverty and joblessness despite China's ambitious plans to develop its vast northwestern frontier.

Chinese authorities blame Uyghur separatists for a series of deadly attacks in recent years and accuse one group in particular of maintaining links to the al-Qaeda terrorist network.

Reported by Mamatjan Juma for RFA Uyghur service. Written in English by Joshua Lipes.
Copyright © 1998-2011 Radio Free Asia. All rights reserved.

 

Roofing Vancouver Issues

Vancouver Roofing

Within Vancouver special care is needed whenever obtaining a estimate for a home. The roofing contractor within Vancouver must know exactly what they're coping with whenever taking your roof away. Unforeseen costs really are a typical situation in Vancouver and each proprietor should be ready

Heritage- becoming among the earliest places in the GVRD you can realize that there are some fairly aged homes. With a high message roof, probably in the vicinity of 12/12 pitch which basically indicates Forty five diploma angle roof. The initial roofing was cedar shake looking at taping. I don't know whether it was being lazy or even the tradition, if everyone was attempting to save money but if you have this particular roof you probably got several coating on the top. The initial is still on and 2 other layers sit over the actual cedar tremble. I've come across home exactly where 5 layers sat on top of the home. According to creating signal nowadays a Vancouver Roofing company must remove all levels if your new roofing will be positioned over. A person folks tend to spend more because of the steepness, the couple of layers associated with roof, the plywood outdoor patio and the difficulty. You may be two ft from your neighbours

Roofing Vancouver

Reduced Downward slope -- Vancouver special houses operate all through East Vancouver. The minor trouble with these types of houses in regards to roof covering is that dwindling roofing businesses available perform tar residue as well as tiny rocks. The choice you have is flashlight on or steel. Asphalt tiles cannot continue these homes. Your pitch is to low as well as asphalt probably would not final ten years. Vancouver Roofing contractors that have been in the commercial associated with torch on for more than ten years are probably dependable. Ice and snow develop on these types of roofs trigger mini pools to build up in your roof as well as cause major leaking, always keep the gutters and downpipes clear.


rupert station roof by ​favourite waste of time​

Low Slope or High Slope cedar shake - Within Vancouver this really is typical on the West side. There is not a lot to say of Cedar in Vancouver. There was an extended time period through the 60's, 70's and 80's whenever Vancouver Roofing businesses weren't installing cedar. The majority of Cedar roofs are new construction. cedar is the one product that most issues can be established prior to the function starts

Low Downward slope or Steep Downward slope Asphalt roofing -- If you have asphalt roofing also it was not transformed in the last ten years then you have a solid deck. Since the 1970's asphalt arrived to the marketplace. With new building shiplap or also called tongue and groove was the only choice of a strong deck. Shiplap techniques a lot in the winter and in summer time so plywood should be split down by the roofing contractor

 

Roof covering in Burnaby

Roofing within Burnaby can have its challenges and also the best way to undergo all of them would be to work from Northern to South starting towards the top of Burnaby. In Northern Burnaby the hills start to slope and decrease to some pretty powerful perspectives. The big challenges I find here are front yard steepness as well as use of the home, although this may not appear to be a problem to you it's a really big issue for a roofing company that has at hand have your own old roofing up the hill and hands have your new roofing lower a slope.

Hard, the slope area in this area stored creating contractors away and for that reason you have homes that were all constructed by separately employed building companies. There are some portions associated with North Burnaby which have small groups homes just about all built together however to the degree which Main Burnaby offers. Northern Burnaby has much more interesting built designs and roofs making a ball park determine estimate in this area fairly difficult.

Burnaby Roofing

Central Burnaby is where large building companies having a standard architectural method of building the house had been pretty busy during the 70`s and earlier 80`s. With a shiplap outdoor patio being the only real option as well as asphalt shingles becoming the option and positioned on a house. Today shiplap may be the roofing contractors adversary because of the fact that the shingles of today are not made to use shiplap. Attempting to persuade central Burnaby they have to re-deck the rooftop along with plyboard has frequently already been overlooked and even for good reason.

The quality of shiplap has elevated levels of this area with many of it which i have come across being between Six as well as Eight in . which is ideal. Apart from that this particular a part of Burnaby is pretty simple to roof in with access not a problem all that frequently and a clear design in sloped roof that's easy to understand. Lots of Vancouver special offers centered right here to along with flashlight on becoming the number one option in the unique tar residue as well as tiny rocks option. Cedar roofs tend to sprinkle the eastern side of this area with many transforming in order to asphalt

South Burnaby tends to possess bigger roofs that are scattered with asphalt as well as cedar shake. Cedar shake roofs in this area are generally through houses around 20 years aged. This home has a tendency to convert right into a asphalt roofing and most possess okay entry but some don't and the roofs are not all that in order to steep. A few asphalt rooftops down right here actually have plywood decks which is always a large saver for any property owner

 

West Vancouver Roofing

West Vancouver is a area associated with valley's and ridges, steep driveways as well as concealed rooftops. This can be a roofers nightmare however there are roofing businesses that are employed in the area and know what they most likely could be coping with. Unlike additional metropolitan areas within the City Vancouver region, large building businesses did not purchase large tracks of land as well as develop patterned suv cul-de-sacs. They do can be found however to some smaller diploma compared to additional metropolitan areas. As a result you'll find in one street 20 homes just about all built differently. I suppose because of the property scenery this was the only way to obtain houses built-in a few areas.

There was certainly a growth throughout the 70's through the shear quantity of shiplap decks out there. The majority of rooftops in West Vancouver that require an upgraded are asphalt roofs which sit on the shiplap deck. They shingle is generally the interlock shingle which was designed for shiplap however no longer obtainable in the higher Vancouver area. The majority of property owners in West Vancouver are learning they right now require a plyboard outdoor patio to cover the actual shiplap.


New Construction Cedar Roofing by Cazeault Roofing & Exteriors

A few Cedar roofs exist in West Vancouver although not much that requires changing. The majority of 20 year old cedar shake rooftops within West Vancouver have been replaced so you find a cedar roofing here and there. Replacing cedar with cedar is not the all in order to common practise and many Cedar roofs are in new building.

Roofing West Vancouver

Vancouver specials are not just about all to common in West Vancouver. Flashlight upon as well as tar and tiny rocks is available but not suggested. The actual rainfall and wind is commonly a bit more extreme within West Vancouver, with the high amount of trees and the chance of huge snowfall drop steel is really a higher suggestion.

Getting a roof estimation in West Vancouver can be very diverse from the person living right on the doorstep. if you have a high driveway, have a roofing that is higher than Thirty levels and also over Two thousand sq ft than you are able to spend a lot more than $ 2000 than your own neighbor. The kind of roofing as well as quantity of flashing can produce a huge difference. Within West Vancouver it is very hard to golf ball park a price with this very cause. I suppose you can state in line with the little land you live upon and also the design of the roof can make a big difference from a high estimate along with a low estimation. Roofing entry has become a issue with some roofers having to hands have the old roofing more than 100 feet than hands transporting the new roofing a hundred feet towards the home.

Get 3 estimates to compare celery along with celery and for the exact same item, provides you with a chance to become knowledgeable and get the right questions. The majority of roofs within West Vancouver is under ventilated therefore make sure when you are getting your roof estimate you can observe if each and every estimate you receive may upgrade your ventilation or even your new roof will not final. The additional ventilation isn't the add-on cost therefore the much more the actual merrier, you can't have a limit upon ventilation. Tree debris is really a issue therefore maintain your roof with no damage the roof item. leak motorized inflator has become the best type of maintenance.

 

Thursday, April 7, 2011

Victoria roofing Contractors -- Changing Several rooftops

Victoria roofing Contractors can help to save a bit of money when caring for your roof in addition to some of your own neighbors. There are many cul-de-sac's out there in Victoria where the houses were constructed at the same time and all having a cedar or even asphalt roof with similar guarantee as well as environment conditions. The home are generally constructed with exactly the same style and also have the exact same ventilation issues so when it's time to replace your neighbors then it is time to substitute yours..


roof repair1 by joe45t

New building roofing Victoria twenty years ago included in regards to a twenty 12 months warranty. Most rooftops begin to leak soon after the actual twenty 12 months mark and all of a sudden the entire street is getting their roofs changed. Whenever a Victoria roofing estimator involves your home and you are on great terms with your neighbours maybe you might persuade your neighbors to get a roof estimate as well. Most Victoria roofing companies will offer 2 estimates. The first is the actual estimate if perhaps you were to change you house alone in the street. Another estimate is for you and the neighbors that have chosen the estimate too, if you have convinced your own neighbors to do so.

Victoria roofing Contractors can help to save profit two major places when multiple roofing. One out of the delivery cost of the materials is actually reduced whenever a roof covering company can get 3 houses in a single shipping. The second is the actual waste, motion of wastage is exactly what costs money as well as ensuring the actual wastage is relocated collectively will allow the Victoria Roofing Company to reduce the buying price of your new roofing. When neighbours customize the roof covering task carried out collectively this gives long term property owners to complete the same within thirty many years whenever your brand new roofs obtain aged.


roof repair1 by joe45t

Find the Best Victoria Roofing Company

I live in Victoria as well as know how hard it's to find a good service provider to work in your home. All of them appear real first plus they just about all promise the world. Unfortunately there are some that actually provide on these guarantees.

Roofing companies aren't any exception and need to complete your due diligence to be able to weed out the good ones from the poor ones.

The roof is an important component of any kind of home. Here's your primary barrier of numerous of the elements discovered outdoors. If you have a leaky roofing you could find your self placing plenty of pans and pots all through your house to trap the water. In case your roofing gets really poor you also danger it caving in from some point.

Fortunately if a roof is actually built the right way it'll are several decades. There are even a few roofs that are both so great they are able to last for fifty years.

Finding a reliable roofing company in Victoria and you need this kind of work carried out is extremely important. You would like somebody who's going to give you a fair bet, do the job on time, and use standard or above typical materials.

This is the objective you just have to fine a roofing to have an region who's willing and able to do it.


roof repair1 by joe45t


Here are some stuff that I personally would look for and can apply for not just Victoria, however all areas in the country:

I first prefer to begin with referrals. I understand I am not the only one who has a house and that i wish to request others their own opinion but experienced roofing function carried out prior to me personally. Friends, family members, coworkers, acquaintances, and folks you know will usually not drive a person incorrect. They are able to make use of a direct you to an individual who has been doing a great job for them. Unless an individual isn't keen on you these were usually not recommend the roofing organization in Victoria who has done substandard function.

Next, you need to get at least three estimates. Roofing jobs are expensive naturally and you want a contractor who's going to give you a reasonable and reasonable cost. Keep in mind even a fair as well as sensible quotation will be high. Comprehend too that roofing contractors pay a few of the highest insurance costs from any industry in the nation. Since the function done roof covering Contractors workers compensation prices tend to be regarding 5 times higher than other such as companies. It is not out of the ordinary with this type of company to pay $30 within workers comp premiums for every 100 bucks they shell out within pay-roll. These types of expenses need to be passed on to the consumer. So, when you are getting a bid from the roofer realize that a minimum of Thirty to 40% of what he is charging you is simply to pay for administrative and insurance costs. A person who submits to you and very low bet is most likely uninsured weren't insured at all.

Everything ought to be written on the contract. Including the types of materials for use in your house and the time that it will require to set up them. Don't leave anything as a spoken contract. You have to be in a position to accurately evaluate what you had been getting for the cost you are having to pay making an informed decision. When the estimators arrive they will try to lure a person into signing some thing right away. Avoid them. You'll need three estimates, alongside on your table, and also you have to take the time to read all of them every carefully including the small print.

Lastly, check up on a Victoria's roofing companies experience and reputation. You want them to have enough experience to be able to get the job done. Brilliantly, you want a business that has been neighborhood and absolutely nothing can shock them. Should they have been around for at least five years they will have the trustworthiness of possibly doing great function are now being con artists. The best individuals to ask our local contractors. Even if it is their own rival a company proprietor were not often speak poor about an additional organization unless he or she really feels he does care terrible function. You can also ask roofing providers who they think is the greatest. These people use hundreds a roofer's every month and are in a excellent position to provide you with within info.

Fundamental essentials three items I would look for when selecting my roofing contractor. I'm picky concerning the individuals I choose to do business with and you should be fussy as well. You can't depend on a companies yellow web page ad to inform you what they're about. Each and every company says of the the very best. Roofing Contractors are no exclusion and sometimes accompany what the largest phonebook ad of the biggest criminals.

Do your homework and you should manage to find a decent Victoria roofing business. Take your time and don't allow anyone hurry a person. Go with your own gut and do not invest your money with anybody you feel uncomfortable along with

The right roofer Victoria is appropriate at your doorway step should you choose your own research as well as thoroughly examine a corporation's background and reputation. This will be sure you do not get in love with something you don't need or doing business with a con artist.

Make sure you get more information at more info regarding Victoria roofing contractors.

 

Wednesday, April 6, 2011

Roofing Vancouver analysis, cost estimations as well as pricing

Roof covering can be described as probably the most essential stage of building while creating any kind of creating or home. In the previous a long time different roofing techniques as well as supplies have been utilized according to the climatic conditions as well as of the dwellers. Using the amazing growth as well as enhancement in the field of construction there are numerous roofing vancouver options obtainable today. You will find various roofing contractors Vancouver as well as roofing companies Vancouver, which offer Vancouver roof covering providers. Roofing Vancouver options offered right now fulfill the demands from the occupant, function nicely for the purpose of roof covering and look appealing additionally.


roofing companies by consumerschoiceroofing



The initial step in path of replacing of roofing vancouver should incorporate a substantial search produced on the internet or even by going to numerous roofing vancouver service providers. By this 1 can gain info on distinct facets of changing a roofing and get one of the most economical estimations. Roofing Vancouver service providers provide essential abilities and engineering strategies for the replacing an existing roof. For that replacement of roofing pick a service provider or a business which is properly most respected within Vancouver and is licensed to provide providers. Obtain different estimations to compare the expense supplied as there can be a difference within roofing vancouver costs as well as estimations of numerous companies. You will discover numerous components that determine the actual cost of replacing the roof, so getting a few details on hands could be truly valuable.
If the roofing of the structure continues to be carried out properly keeping in mind the latest techniques and components the roof works well for dealing with:


Ventilation

Water ingress

Water vapour diffusion

Surface area protection

Warmth blood circulation


Roof insulation basically helps in creating a hurdle, which does not allow the external environment to mix with the atmosphere of within. For this purpose there are many types of energy insulations becoming applied today along the way associated with roof covering.

To get one of the most suitable as well as useful roofing vancouver material, you need to execute an extensive study and gaze after in mind your requirements and monetary price range.

Roofing Vancouver designs obtainable

There are lots of roofing vancouver designs available within the marketplace nowadays, a few becoming pricey as well as even though some being common or even low cost. Probably the most well-known roofing vancouver shapes contain:

Gabled- This particular shape is offered through creating a triangle on the entrance side as well as providing hills on both sides of the ridge.

Side Gabled- In this make up the no gabled sides face the front usually as well as contain the entrance doorway.

Front Gabled- In this situation the gabled sides usually encounter the leading and can include the leading entrance.

Cross Gabled- In this specific condition the actual perpendicular wings are normally added to the main portion which types 2 individual components having their very own gabled façade.


Top addresses tend to be basically set up for that protection associated with under roofing materials through numerous Ultra violet rays as well as bodily damage. Top covers come in different forms for example: fluid coating, factory nutrient, steel surface area, pavers as well as gravels.

Learn more about Vancouver roofing on roofing companies Vancouver website

Tuesday, March 29, 2011

managing your personal finances


A few years ago, the Internet experienced a video revolution. As broadband access expanded and more people began uploading content, video became an expected resource for consumers. Businesses could get more mileage out of television commercials and engage users by linking to video reviews of its products.


A year ago, we saw evidence of small and medium-sized business increasing budgets for video content – to be used both on their homepages and in advertisements. In 2009, 19% of businesses polled were using video (up from 5% in 2008) and I’m willing to bet that number will be much higher in the 2010 report that should come out later this month.


Now, as technology has become more affordable and increasingly mobile, we’re able to experience virtually anything online. As such, local search engines are evolving into master content synthesizers to meet the needs of consumers and advertisers alike – offering video and photos, local advertising deals, user reviews, QR codes, maps and directions, etc.


Consumer expectations of local search engines have never been higher. Users want to see photo and video reviews of a company’s products, read what other people have to say, and even take a virtual tour of your store or restaurant before they visit.


The same is true of small- and medium-sized business owners looking to find a competitive advantage. Local search engines are offering more dynamic content than ever before to users and it’s up to search marketers to help business owners feed that content.


It’s interesting to see how video content has changed since the advent of YouTube. Instead of traditional video advertising, we’re seeing new technology that lets users look around your business from their own home. Soon, we’ll be able to find virtual creations of almost any environment online – and those virtual tours are being integrated with current deals and other advertising promotions to drive traffic to your business.


Recently, a company called EveryScape partnered with Bing and YP to offer digital advertisers a new local search solution – virtual tours. For example, YP360 will let a user step inside a restaurant in Baltimore while they’re still on the train. They can choose a place and even set a reservation, all within the same application on their phone.


Google Earth has gone indoors and local search engines are responsible for bringing this detailed and vivid content to users while keeping it simple and accessible. And the business case for offering this new content to users and advertisers alike is clear as local advertising is expected to grow to $16.1 billion this year, up from $13.7 billion in 2010.


Even more, mobile phone advertising spending is expected to be more than a billion dollars in 2011, up 48% from 2010. Local search engines like YP and Yelp! are seeing over 20 million visitors a month, many of them accessing via mobile phones.


This is a great opportunity for local search engines and advertisers to embrace this new technology and get ahead of the pack. Effective local advertising goes beyond building a social networking presence and listing in directories – you have to make sure your content is engaging. In the online world, the savviest local search marketers who use this technology well will have the most successful campaigns.


I recommend that any business owner or local search marketer read up on the latest digital advertising solutions and consider offering your customers virtual tours of your products or store. To set your business apart, you need to stay current with the best that local search has to offer.




Opinions expressed in the article are those of the guest author and not necessarily Search Engine Land.



Related Topics: Locals Only



A few years ago, the Internet experienced a video revolution. As broadband access expanded and more people began uploading content, video became an expected resource for consumers. Businesses could get more mileage out of television commercials and engage users by linking to video reviews of its products.


A year ago, we saw evidence of small and medium-sized business increasing budgets for video content – to be used both on their homepages and in advertisements. In 2009, 19% of businesses polled were using video (up from 5% in 2008) and I’m willing to bet that number will be much higher in the 2010 report that should come out later this month.


Now, as technology has become more affordable and increasingly mobile, we’re able to experience virtually anything online. As such, local search engines are evolving into master content synthesizers to meet the needs of consumers and advertisers alike – offering video and photos, local advertising deals, user reviews, QR codes, maps and directions, etc.


Consumer expectations of local search engines have never been higher. Users want to see photo and video reviews of a company’s products, read what other people have to say, and even take a virtual tour of your store or restaurant before they visit.


The same is true of small- and medium-sized business owners looking to find a competitive advantage. Local search engines are offering more dynamic content than ever before to users and it’s up to search marketers to help business owners feed that content.


It’s interesting to see how video content has changed since the advent of YouTube. Instead of traditional video advertising, we’re seeing new technology that lets users look around your business from their own home. Soon, we’ll be able to find virtual creations of almost any environment online – and those virtual tours are being integrated with current deals and other advertising promotions to drive traffic to your business.


Recently, a company called EveryScape partnered with Bing and YP to offer digital advertisers a new local search solution – virtual tours. For example, YP360 will let a user step inside a restaurant in Baltimore while they’re still on the train. They can choose a place and even set a reservation, all within the same application on their phone.


Google Earth has gone indoors and local search engines are responsible for bringing this detailed and vivid content to users while keeping it simple and accessible. And the business case for offering this new content to users and advertisers alike is clear as local advertising is expected to grow to $16.1 billion this year, up from $13.7 billion in 2010.


Even more, mobile phone advertising spending is expected to be more than a billion dollars in 2011, up 48% from 2010. Local search engines like YP and Yelp! are seeing over 20 million visitors a month, many of them accessing via mobile phones.


This is a great opportunity for local search engines and advertisers to embrace this new technology and get ahead of the pack. Effective local advertising goes beyond building a social networking presence and listing in directories – you have to make sure your content is engaging. In the online world, the savviest local search marketers who use this technology well will have the most successful campaigns.


I recommend that any business owner or local search marketer read up on the latest digital advertising solutions and consider offering your customers virtual tours of your products or store. To set your business apart, you need to stay current with the best that local search has to offer.




Opinions expressed in the article are those of the guest author and not necessarily Search Engine Land.



Related Topics: Locals Only



Surface Encounters

LeBron James of Miami Heat delayed by Cleveland Cavaliers garage parking security


LeBron James was delayed in getting into the arena for the Miami Heat's shootaround Tuesday morning when he arrived with a driver and with a second car at the entrance for the Cavs' underground garage parking lot.


Surface Encounters

Atari readies new Warlords remake <b>News</b> - Page 1 | Eurogamer.net

Read our news of Atari readies new Warlords remake.


Surface Encounters

Sony delays PlayStation Rewards scheme PlayStation 3 <b>News</b> - Page 1 <b>...</b>

Read our PlayStation 3 news of Sony delays PlayStation Rewards scheme.


Surface Encounters


I read an interesting article this morning that suggested Apple would change its mind and put Adobe’s Flash technology on its iOS devices within a year. I don’t think that’s going to happen.


In an open letter to users, Apple CEO Steve Jobs gave several reasons why he didn’t want Flash on the iPad, iPhone or iPod touch. They are: Flash isn’t open; the full web; reliability, security and performance; battery life; and touch.


Adobe began shipping Flash Player 10.1 for Mobile last June, but even Laptop magazine admitted that “Steve Jobs was right,” and that “Adobe’s offering seems like it’s too little, too late.” Granted, that report was from six months ago, but it still doesn’t bode well for the technology.


There is no doubt that Adobe is making advances with Flash on mobile devices, but I don’t believe future changes will be enough to get Apple to adopt the technology.


Jobs has been very clear that Apple supports HTML5, an open technology that is controlled by a standards committee, not one company. By building support for that technology into Webkit, Apple is ensuring that mobile Web browsers will be able to access what we’ve come to know as the “full web.”


Webkit is used by Google, Palm, Nokia and RIM, so it has a pretty solid base.


One of the arguments often bantered about when the discussion of the “full Web” comes up is video. There is no doubt that Flash made huge strides over the years in having sites like YouTube encode their videos in Flash. But that’s for the desktop.


As Jobs points out, almost all of this video is also available in H.264 format (a format Flash also supports), so it’s viewable on the iPhone, iPad and iPod touch.


“Add to this video from Vimeo, Netflix, Facebook, ABC, CBS, CNN, MSNBC, Fox News, ESPN, NPR, Time, The New York Times, The Wall Street Journal, Sports Illustrated, People, National Geographic, and many, many others. iPhone, iPod and iPad users aren’t missing much video,” wrote Jobs.


You may ask why other companies adopted Flash for their mobile devices when Apple won’t. That’s easy, they are looking for something they have that Apple doesn’t. Considering how hard it is for tablet makers to compete with Apple, any perceived advantage will work.


I’m not an Adobe hater—I know quite a few people that work at Adobe and I think they’ve done some amazing things over the years. Flash for mobile devices isn’t one of them.


Chris Dawson said he gives “Apple a year until they cave [and adopt Flash]. Android tablets will just be too cool and too useful for both entertainment and enterprise applications if they don’t.”


I have been using my iPhone for years and my iPad for one year. I honestly can’t remember the last time I went to a Web site that wouldn’t load because I didn’t have Flash installed. I can load videos from YouTube and a host of other sites too, no problem.


Apple has sold more than 160 million iOS devices and there are no screaming, angry hordes of users breaking down the doors at 1 Infinite Loop demanding Flash on their devices.


In order for Apple to change its mind and adopt Flash, the technology has to be proven to be indispensable and that it will benefit its users. Apple has proven just the opposite is true.


Editor’s Note: Jim Dalrymple has been writing about Apple for more than 15 years. You can follow him on Twitter @jdalrymple and on his Web site at The Loop.



Dirty Percent




It’s not hard to make the case that Apple’s new in-app subscription system offers numerous benefits to users, developers, and publishers. But whatever those benefits, they stem from the mere existence of these new subscription APIs. What’s controversial is the size of Apple’s cut: 30 percent.



No one is arguing that Apple shouldn’t get some cut of in-app purchases that go through iTunes. And, if Apple were taking a substantially smaller cut, there would be substantially fewer people objecting to Apple’s rules (that subscription-based publishing apps must use the system; that they can’t link to their external sign-up web page from within the app; and that they must offer in-app subscribers the same prices available outside the app).



The reasonable arguments against Apple’s policies seem to be:




  • Apple should be taking less, perhaps far less, than 30 percent.


  • Apple should not require subscription-based apps to use the in-app subscription APIs. If it’s a good deal for publishers, they’ll choose to use the system on their own.


  • Apple should not require price-matching from subscription offers outside the app. Publishers should be allowed to charge iOS users more money to cover Apple’s cut.


  • Apple should consider business models that simply can’t afford a 70/30 revenue split.




Let’s consider these in reverse order.



Apple Should Consider Business Models That Can’t Afford a 70/30 Revenue Split



Apple doesn’t give a damn about companies with business models that can’t afford a 70/30 split. Apple’s running a competitive business; competition is cold and hard. And who exactly can’t afford a 70/30 split? Middlemen. It’s not that Apple is opposed to middlemen — it’s that Apple wants to be the middleman. It’s difficult to expect them to be sympathetic to the plights of other middlemen.



Some of these apps and services that are left out might be ones that iOS users enjoy, though. This is the leading argument for how this new policy will in fact hurt users, and, as a result, Apple itself: it’ll drive good apps off the platform. Frequently mentioned examples: Netflix and Kindle. For all we know, though, Netflix may well be fine with this policy. Apple would only get a 30 percent cut of new subscriptions that go through the Netflix iOS app, and that might be a bounty Netflix can live with in exchange for more subscribers. Keep in mind, too, that Netflix and Apple seemingly get along well enough that Netflix is built into the Apple TV system software.



Kindle, and e-book platforms in general, are a different case. For one thing, Kindle doesn’t use subscriptions. Kindle offers purchases. Presumably, given Apple’s rejection of Sony’s e-book platform app last month, Apple is going to insist on the same rules for in-app purchases through apps like Kindle as they do for in-app subscriptions. If so, something’s got to give. The “agency model” through which e-books are sold requires the bookseller to give the publisher 70 percent of the sale price. So if the publisher gets 70 and Apple gets 30, that leaves a big fat nothing for Amazon, or Barnes & Noble, or Kobo, or anyone else selling books through native iOS apps — other than iBooks, of course.



But leaving aside the revenue split, there are technical limitations as well. The existing in-app purchasing system in iOS has a technical limit of 3,500 catalog items. I.e. any single app can offer no more than 3,500 items for in-app purchase. Amazon has hundreds of thousands of Kindle titles.



Something’s got to give here. I don’t know what, but there must be more news on this front coming soon. I don’t believe Apple wants to chase competing e-book platforms off the App Store.



Apple Should Not Require Price Matching



Why not allow developers and publishers to set their own prices for in-app subscriptions? One reason: Apple wants its customers to get the best price — and, to know that they’re getting the best price whenever they buy a subscription through an app. It’s a confidence in the brand thing: with Apple’s rules, users know they’re getting the best price, they know they’ll be able to unsubscribe easily, and they know their privacy is protected.



Credit card companies insist on similar rules: retailers pay a processing fee for every credit card transaction, but the credit card companies insist that these fees not be passed on to the customer. Customers pay the same price as they would if they used cash — which encourages them to use their credit card liberally. (Going further, many charge cards offer cash back on each purchase — they can do this because the cash-back percentage refunded to the customer is less than the transaction processing fee paid by the retailer.)



So the same-price rule is good for the user, and good for Apple. But Matt Drance argues that Apple could dissipate much of this subscription controversy by waiving this rule:




The requirement that IAP content be offered “at the same price
or less than it is offered outside the app,” combined with the
70/30 split, means developers must make less money off of iOS by
definition
. They can’t price their IAP content higher to offset
the commission, nor can they price their own retail content lower.



If I am interpreting this correctly, I can’t bring myself to see
it as reasonable. […] I think a great deal of this drama could
go away if Apple dropped section 11.13 while keeping section
11.14: Your prices on your store are your business; just don’t
be a jerk and advertise the difference all over ours.




And I agree with him. Yes, the same-price rule is good for users and for Apple, but waiving this rule wouldn’t be particularly bad for users or for Apple, either — and it would give publishers some freedom to experiment.



I suspect one reason Apple won’t budge is that their competitors — like Amazon — insist on best-price matching.



Apple Should Not Require Apps to Offer In-App Subscriptions



I’m sympathetic to this argument, too. “If you don’t like our terms, don’t use our subscription system.” But it has occurred to me that this entire in-app subscription debate mirrors the debate surrounding the App Store itself back in 2008 — that 30 percent was too large a cut for Apple to take, that it shouldn’t be mandatory, etc. The same way many developers wanted (and still want) a way to sell native iOS apps on their own, outside the App Store, many publishers now want a way to sell subscriptions on their own, outside the App Store.



The fact is, the App Store is an all-or-nothing affair. You play by Apple’s rules or you stick to web apps through Mobile Safari. This alternative is no different for periodical publishers than it was (and remains) for app developers in general. A lot of these demands boil down to a desire for more autonomy for native iOS app developers. Apple has never shown any interest in that.



There’s one striking difference between the subscription controversy today and the App Store controversy in 2008: with subscriptions, Apple is taking away the ability to do something that they previously allowed. There was never a supported way to install native apps for iOS before the App Store. Subscriptions sold outside the App Store, on the other hand, were allowed until last month.



Apple Should Be Taking Less, Possibly Far Less, Than 30 Percent



Another difference between the App Store itself and in-app subscriptions is that with apps, Apple hosts and serves the downloads. Apple covers the bandwidth, even for gargantuan gigabyte-or-larger 99-cent games. The OS handles installation.



With in-app subscriptions (and purchases), however, the app developer is responsible for hosting the content, and for writing the code to download, store, and manage it. So — one reasonable argument goes — given that Apple is doing less for subscription content than it does for apps (or for music and movies purchased through iTunes), Apple should take less of the money.



Taken further, the argument boils down to this: that for in-app subscriptions and purchases, Apple is serving only as a payment processer — and thus, a reasonable fee for transactions would be in the small single digits — 3, 4, maybe 5 percent, say. More or less something along the lines of what PayPal charges.



Apple, I think it’s clear, doesn’t see it this way. Apple sees the entire App Store, along with all native iOS apps, as an upscale, premium software store: owned, controlled, and managed like a physical shopping mall. Brick and mortar retailers don’t settle for a single-digit cut of retail prices; neither does the App Store.



Seth Godin argues that Apple’s 30 percent cut is too big to allow publishers to profit:




Except Apple has announced that they want to tax each subscription
made via the iPad at 30%. Yes, it’s a tax, because what it does is
dramatically decrease the incremental revenue from each
subscriber. An intelligent publisher only has two choices: raise
the price (punishing the reader and further cutting down
readership) or make it free and hope for mass (see my point above
about the infinite newsstand). When you make it free, it’s all
about the ads, and if you don’t reach tens or hundreds of
thousands of subscribers, you’ll fail.




Godin’s logic strikes me as questionable. For one thing, he freely switches between a newsstand metaphor (arguing, perhaps accurately, that the App Store is too large for publishers to gain attention from potential readers in the first place — you won’t read what you never notice) and the economics of subscriptions. But subscribers are the opposite of newsstand readers. Newsstand readers are buying a single copy, often on impulse. Subscribers are readers who are already hooked, and who know what they want. Put another way, the size of Apple’s cut of subscription revenue — whether it were higher or lower — has no bearing on the “attention at the newsstand” problem.



Second, the problem facing traditional publishers today is that circulation is falling. Newsstand sales and subscriptions are falling, under pressure from free-of-charge websites and other forms of digital content. The idea with Apple’s 70-30 revenue split is that developers and publishers can make it up in volume — that people aren’t just somewhat more willing to pay for content through iTunes than other online content stores, they are far more willing. The idea is that Apple has cracked a nut no one else1 has — they’ve created an ecosystem where hundreds of millions of people are willing to pay for digital content. Thus, potentially, publishers won’t just make more money keeping only 70 percent of subscription fees generated through iOS apps than they are now with 96 percent (or whatever they’re left with after payment processing fees) of subscription fees they’re selling on their own — they stand to make a lot more money.



I’m not guaranteeing or even predicting that it’s going to work out that way. I’m just saying that’s Apple’s proposition.



Godin’s assumption is that iOS in-app subscriptions won’t significantly increase the number of subscribers. If he’s right about that, then he’s right that Apple’s 30 percent cut will prove too expensive for publishers. But Apple’s bet is that in-app subscriptions can dramatically increase the number of subscribers. Consider the app landscape. Apple’s 30 percent cut didn’t drive the price of paid apps up — the nature of the App Store drove prices down. It’s a volume game.



The App Store itself proves that Apple might be right. Like with app sales, in-app subscriptions won’t work for every publication. But it could work for many. It really is possible to make it up in volume.



And if a 70-30 split for in-app subscription revenue doesn’t work, the price will come down. That’s how capitalism works. You choose a price and see how it goes. I’ll admit — when the App Store launched in 2008, I thought Apple’s 70-30 split was skewed too heavily in Apple’s favor. Not that it was wrong in any moral sense, but that it was wrong in a purely economic sense: that it might be more than developers would be willing to bear. Apple, clearly, has a better sense about what prices the market will bear than I (and, likely, you) do.



Competition vs. Anti-Competition



One last argument I’ve seen regarding these in-app subscription rules is that it’s further evidence of anti-competitive behavior from Apple. That makes sense only if you consider iOS to be the entire field of play. Apple, though, is competing at a higher level. They’re competing between platforms: iOS vs. Kindle/Amazon vs. Android/Google vs. Microsoft, and in some ways, vs. the free web. Why should publishers make an app rather than just a mobile web site? For happier customers and more money.



Sony has a platform for e-books. Amazon has a platform for e-books. Barnes & Noble has a platform for e-books. Apple has a platform for e-books. But Apple is the only one which allows its competitors to have apps on its devices. And Apple is the anti-competitive one? I’m no lawyer, but if the iTunes Music store hasn’t yet been deemed a monopoly with Apple selling 70+ percent of digital music players, then I doubt the App Store will be deemed a monopoly for a market where Apple has never been — and, according to market share trends, may never be — the top-selling smartphone maker, let alone own a majority of the market, let alone own more than a single-digit sliver of the phone market as a whole. As for ruthless profiteering, consider that Amazon, with their e-book publishing, originally took the fat end of a 70-30 revenue split with authors.



One question I’ve been asked by several DF readers who object to Apple’s new in-app subscription and purchasing policies goes like this: What if Microsoft did this with Windows, and, say, tried to require Apple to pay them 30 percent for every purchase made through iTunes on Windows? To that, I say: good luck with that. Microsoft couldn’t make such a change by fiat. The whole premise of Windows (and other personal computer systems) is that it is open to third-party software. Apple couldn’t just flip a switch and make Mac OS X a controlled app console system like iOS — they had to introduce the Mac App Store as an alternative to traditional software installation. If Microsoft introduced something similar to the Mac App Store for Windows, Apple would simply eschew it. If Microsoft were to mandate an iOS App Store-like total control policy for all Windows software, they’d have a revolt in their user base that would make Vista look like a success.



iOS isn’t and never was an open computer system. It’s a closed, controlled console system — more akin to Playstation or Wii or Xbox than to Mac OS X or Windows. It is, in Apple’s view, a privilege to have a native iOS app.



This is what galls some: Apple is doing this because they can, and no other company is in a position to do it. This is not a fear that in-app subscriptions will fail because Apple’s 30 percent slice is too high, but rather that in-app subscriptions will succeed despite Apple’s (in their minds) egregious profiteering. I.e. that charging what the market will bear is somehow unscrupulous. To the charge that Apple Inc. is a for-profit corporation run by staunch capitalists, I say, “Duh”.



If it works, Apple’s 30-percent take of in-app subscriptions will prove as objectionable in the long run as the App Store itself: not very.




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Surface Encounters

What is your social media brand? Do you have one? Sure, many small business owners and entrepreneurs are coming around to the enormous importance of social media as a marketing, customer service, and, yes, even sales tool. But if you haven’t thought about how social media can define your brand, you are probably missing a HUGE part of what social media tools can do for your business. Here’s more…


Tools & Techniques


Creating a great brand with these blog tools. Tools that improve the look and functionality of your blog also improve your brand. A well-maintained small business blog is one of the most obvious and least expensive branding tools at the entrepreneur’s disposal even more so than social media channels like Facebook and Twitter because of how a blog can be customized to fit your needs and personality. This list of tools is a great way to start. EpicLaunch


What Nicole “Snooki” Polizzi can teach you about social media. One of the stars of the hit reality show “Jersey Shore”, “Snooki” is a perfect example of personal brand, but social media entrepreneurs could also learn much about building their own online presence from Snooki. Being yourself and using a simple, short tag to indelibly brand your identity are also great techniques in social media. One site is already trying to apply the starlets techniques in the social media space. Brand-Yourself


Tito Philips doesn’t want your comments on his blog! At least, not if they’re the wrong kind. And the wrong kind would be comments left for no other purpose than to get the blogger and his/her readers to visit your blog and perhaps comment on it in return. Why is comment trading bad? Don’t get Tito started! There are many ways to engage in social media marketing. Be sure you understand and respect some of the attitudes you may face. Blogging Bookshelf  


News & Trends


The best of the best. Want to get a look at arguably the 20 best Facebook fan pages for business on the planet? By now you should know the value of a Facebook fan page to your branding efforts. What’s also true, however, is that not all Facebook sites are created equal. If you want to take your social media marketing to the next level, have a look at this list of cream of the crop sites. Inc.com


Even churches use social media marketing! In this article on the growing market for tech services among religious organizations, we learn that many churches have also already entered into the social media space. As houses of worship, particularly huge mega-churches, expand and build congregations, it’s easy to see how social media can work as a marketing tool here as well. Is your religious organization using social media for branding? WSJ


Tips & Tricks


20 tips that will make you a Twitter star. Among the tools popular in the new digital space is Twitter. The microblogging platform can be used for business or non-business purposes and it can be the key to your small business’s success. Learn how to use Twitter like a pro and you may be surprised at the benefits your small business gains as a result. Global Copywriting


Valuable lessons in social media. Gary Vaynerchuk, author of The Thank You Economy and a successful social media entrepreneur in his own right, has many insights to share with small business leaders seeking a new way to define their brands in an age of social communications. Read some of the takeaways Vaynerchuk shares with those trying to define their businesses with social media. E-Marketing Associates


Success Stories


Doubt the power of FB to create brand for almost anyone? You won’t after you read the story of Princeton English Professor Jeff Nunokawa and “Jeffbook”, a collection of 3,221 brief literary essays on Facebook, that have created an incredible cult status for Nunokawa in the process. His motivation? Not too different from those of most marketers. Nunokawa simply started sharing where he knew his audience already spent lots of their time. The results speak for themselves. Fast Company


Increase exposure with niche social media. Blogger Mavis Nong talks about the importance of niche social media sites including social bookmarking sites as a key method of creating exposure for your online business. Mavis talks about her experience with our sister site BizSugar.com (thanks for the shout out! ) and explains how smaller more focused social sites can sometimes have a surprising impact even larger than the big guys. Attraction Marketing Online


Opportunities


Sponsors wanted for new SugarTone Sweet Business Blogging Contest. Put the power of social media to work for your brand. We’re looking for sponsors to help with a brand new blogging contest involving two of the fastest growing small business communities on the Web, BizSugar.com and Bloggertone.com. Learn more about the contest by reading the full announcement and get in touch today! BizSugar Blog







Surface Encounters

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Cute kittens and toddlers may be YouTube’s bread and butter, but Google’s video portal needs more than that to encroach on the goliath that is cable TV. But instead of shelling out for the rights to premium content from cable networks, YouTube is hoping it can nudge its existing community toward making high quality videos.


Today the company has confirmed that it has acquired Next New Networks, a firm founded in 2007 that focuses on producing high quality original video content for the web. Alongside the news, YouTube is announcing ‘YouTube Next’, a team of experts (made up by many of the NNN team, no doubt) who are setting out to “supercharge creator development and accelerate partner growth and success”. In other words, YouTube is going to give certain partners access to a team of experts that can hopefully help them produce better content. YouTube’s pending acquisition of Next New Networks was first reported by the New York Times in December.


From the YouTube blog:


In fact, the number of partners making over $1,000 a month is up 300% since the beginning of 2010 and we now have hundreds of partners making six figures a year. But frankly, “hundreds” making a living on YouTube isn’t enough and in 2011 we know we can and should do more to help our partners grow.


The YouTube Next initiative sounds good on paper, but it’s not really clear how YouTube is going to be able to scale the program to make it useful to more than “hundreds” of partners.


Last year YouTube launched a Partner Grants Program that allows promising content creators to receive an advance on their future ad revenue so that they can invest in making videos with higher production values. And it gave a $1,000 credit to 500 partners late last year to buy new video equipment.


But both of those programs revolved around money, which scales. This YouTube Next team is about expertise — YouTube will be contacting partners that it believes could use some help, and will send in its team of experts who can offer tips on YouTube’s platform and the kind of content that tends to do well online. This training will be free, but, again, only select content partners will get access to it.


YouTube says that Next team will be global, but it isn’t saying how many people will be involved. Beyond this partner training, it sounds like YouTube will be launching further grant programs under its Next brand.


Terms of the deal weren’t disclosed.


Excellent. I found links to the cases so that everyone here can read them. Let's go through them:



Yes, let's go through them.



U.S. v. Schmidt, 15 F.Supp. 804 A case from 1936, that references a section of copyright law (17 USC 28) that no longer exists. As an aside, that section made "aiding and abetting" a misdemeanor; today it's a felony. However, the court does also reference 18 USC 2, the "aiding and abetting" clause.



Yes, it references a section of copyright law that no longer exists. The point was that aiding and abetting criminal copyright infringement was the crime, no matter what statutory designation it was given. You don't seem to understand the purpose of citing case law at times.



U.S. v. Sachs, 801 F.2d 839 The charge was not "aiding and abetting" infringement, it was conspiracy to infringe. From the USAM Criminal Resource Manual, 2482, "Conspiracy to commit a crime and aiding and abetting in the commission are distinct offenses." The general conspiracy statute is in 18 USC 371, not 18 USC 2. Conspiracy requires an even greater degree of participation than aiding and abetting. In layman's terms, it's used against people who are partners in crime. Defendants in these cases are typically charged with both conspiracy and aiding and abetting, probably so that the prosecuters can get a conviction as a principal, even if juries are uncertain about their status as a partner. I doubt any jury would even consider a conspiracy charge in this case, since the defendant did not actively participate in the primary infringement.



Total reading comprehension failure. The first sentence of the case says: "Defendant-Appellant Lee William Sachs appeals from a jury verdict finding him guilty of aiding and abetting in the infringement of copyrights . . . we affirm the convictions." Conspiracy was a separate charge, and it's irrelevant to the point I was making.



U.S. v. Blanton, 531 F.2d 442 Conspiracy again.



Total reading comprehension failure, again. He was acquitted of the conspiracy charges, but he was convicted of the aiding and abetting charges. The Tenth Circuit affirmed. Exactly as I indicated above.



U.S. v. Bodin, 375 F.Supp. 1265 Conspiracy again. Also relies on a part of copyright law that does not exist anymore (17 USC 104, previously dealing with aiding and abetting, is now about foreign copyrights). However, again, the court does also reference 18 USC 2.



Yes, conspiracy is mentioned, but I was pointing out that case for its discussion of aiding and abetting criminal copyright infringement. The court states that it is "an offense not only to infringe a copyright wilfully and for profit but as well to knowingly and wilfully aid and abet such an infringement."



U.S. v. Dove, 2008 (PDF) This case is more relevant than the others, because it involves internet infringement. Here, the defendant was "a high-level member of an Internet piracy organization known as 'Elite Torrents [... who] had participated in the reproduction and distribution of pirated copyrighted movies, software programs, and video games." (Emphasis mine.) In other words, he was a direct infringer. Accordingly, this was also a conspiracy charge - for which he was convicted.



Just because the context is the internet doesn't make it "more relevant." Aiding and abetting is aiding and abetting. The fundamentals don't change depending on the context. The reason I pointed out that case, Karl, was because the jury was given instruction on--you guessed it--aiding and abetting criminal copyright infringement. The jury found him guilty.



Marx v. U.S., 96 F.2d 204 Again, referred to copyright law that no longer exists. Again, the "criminal infringement" was a midemeanor - the Marx Brothers did not serve any jail time (they were fined $1000, and also settled the civil suit). Furthermore, this involved a case where the Marx Brothers themselves were involved in negotiations with the defendants; they were direct participants.



But, they were convicted of aiding and abetting criminal copyright infringement and the Ninth Circuit affirmed, just as I indicated.



Notice a trend here?



Yes, aiding and abetting criminal copyright infringement has been around a long time. In fact, since 1909 as I indicated. The fact that conspiracy pops up in those cases is completely irrelevant.



Either the defendants are direct consiprators, or they were charged under "aiding and abetting" statutes that were taken out of Title 17 long ago.]



No, every single one of those cases I cited had someone charged and/or convicted of aiding and abetting criminal copyright infringement. Yes, statutes change. That doesn't mean the crime of aiding and abetting criminal copyright infringement does not exist. It does. It's a combination of 17 U.S.C. 506 and 18 U.S.C. 2, just like Brian McCarthy is charged with.



It's certainly conceivable that McCarthy will be found guilty under 18 USC 2. But I doubt that a jury would return a felony conviction absent a conspiracy charge. It's certainly not a "no-brainer."



There is no conspiracy charge for the jury to look at, nor will anybody bring up the absence of such a charge because it's irrelevant. The no-brainer, Karl, is that aiding and abetting criminal copyright infringement exists.



So I stand by my lay opinion that the charges will be dead in the water. But we'll see.



Dead in the water in that the jury won't convict, or dead in the water like the aiding and abetting charge isn't even a real thing? You're wrong either way.



Let's look at the jury instruction in the Dove case. Keep in mind that this was a judge's instructions to the jury in 2008:
A person may violate the law even though he or she does not personally do each and every act constituting the offense if that person �aided and abetted� the commission of the offense. Before a defendant may be held responsible for aiding and abetting others in the commission of a crime, the government must prove beyond a reasonable doubt that the defendant knowingly and deliberately associated himself in some way with the crime charged and participated in it with the intent to commit the crime.



In order to be found guilty of aiding and abetting the commission of the crime of criminal copyright infringement charged in Count Two, the government must prove the following beyond a reasonable doubt:



First, that the defendant Daniel Dove knew that the willful copyright infringement charged was to be committed or was being committed;



Second, that the defendant knowingly and willfully did some act for the purpose of aiding the commission of the copyright infringement; and



Third, that the defendant acted with the intention of causing the copyright infringement to be committed.

The government need not prove that the defendant Daniel Dove participated at every stage of an illegal venture, only that he participated at some stage accompanied by knowledge of the result and intent to bring about that result.



Before Defendant Daniel Dove may be found guilty as an aider or an abettor to the crime of criminal copyright infringement, the government must also prove, beyond a reasonable doubt, that some person or persons committed each of the essential elements of copyright infringement as detailed for you in Instruction No. 20.



Merely being present at the scene of the crime or merely knowing that a crime is being committed or is about to be committed is not sufficient conduct for the jury to find that a defendant aided and abetted the commission of that crime.



The government must prove that the defendant knowingly and deliberately associated himself with the crime in some way as a participant-someone who wanted the crime to be committed-not as a mere spectator.
So as recently as 2008, a jury was instructed on aiding and abetting criminal copyright infringement, and that jury came back with a resounding "guilty." 18 months for Mr. Dove. Sounds about right for Mr. McCarthy, IMO.
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