Thursday, July 3, 2014

Ian Narev, the CEO of the Commonwealth Bank of Australia, this morning “unreservedly” apologised to clients who lost money in a scandal involving the bank’s financial planning services arm.

Last week, a Senate enquiry found financial advisers from the Commonwealth Bank had made high-risk investments of clients’ money without the clients’ permission, resulting in hundreds of millions of dollars lost. The Senate enquiry called for a Royal Commission into the bank, and the Australian Securities and Investments Commission (ASIC).

Mr Narev stated the bank’s performance in providing financial advice was “unacceptable”, and the bank was launching a scheme to compensate clients who lost money due to the planners’ actions.

In a statement Mr Narev said, “Poor advice provided by some of our advisers between 2003 and 2012 caused financial loss and distress and I am truly sorry for that. […] There have been changes in management, structure and culture. We have also invested in new systems, implemented new processes, enhanced adviser supervision and improved training.”

An investigation by Fairfax Media instigated the Senate inquiry into the Commonwealth Bank’s financial planning division and ASIC.

Whistleblower Jeff Morris, who reported the misconduct of the bank to ASIC six years ago, said in an article for The Sydney Morning Herald that neither the bank nor ASIC should be in control of the compensation program.

Sunday, October 4, 2009

Massachusetts-based First Amendment rights lawyer Marc Randazza is defending a controversial parody website which satirizes American political commentator Glenn Beck. The website was created in September by a man from Florida named Isaac Eiland-Hall, and it asserts Beck uses questionable tactics “to spread lies and misinformation”.

The website created by Eiland-Hall is located at the domain name “www.GlennBeckRapedAndMurderedAYoungGirlIn1990.com”. Its premise is derived from a joke statement made by Gilbert Gottfried about fellow comedian Bob Saget. The joke was first applied to Beck on the Internet discussion community Fark. It then became popular on Internet social media sites including Reddit and Digg, and was the subject of a Google bomb, a technique where individuals link phrases in order to artificially change Google search results.

Eiland-Hall saw the discussion on Fark, and created a website about it. The website asserts it does not believe the rumors to be true, and states: “But we think Glenn Beck definitely uses tactics like this to spread lies and misinformation.” In an interview with Ars Technica, he said the website was “using Beck’s tactics against him”. The website was created on September 1, and by September 3 attorneys for Beck’s company Mercury Radio Arts took action. Beck’s lawyers sent letters to the domain name registrar where they referred to the domain name itself as “defamatory”, but they failed to get the site removed.

Beck filed a formal complaint with the Switzerland-based agency of the United Nations, the World Intellectual Property Organization. Beck alleged that the website’s usage is libelous, bad faith, and could befuddle potential consumers. Beck’s complaint was filed under the process called the Uniform Domain Name Dispute Resolution Policy. The policy allows trademark owners to begin an administrative action by complaining that a certain domain registration is in “bad faith”. A lawyer for Beck declined to provide a comment to the Boston Herald, however a source told the newspaper that Beck’s complaint with the site is primarily a “trademark issue”.

Randazza established an attorney-client relationship with Eiland-Hall after his client received threatening letters from attorneys representing Beck. He then sent an email to Beck’s attorneys, and pointed out inconsistencies between their client’s recent actions and his prior public statements in support of the First Amendment. Randazza wrote a reply to the World Intellectual Property Organization, and contends that the website is “protected political speech”, because it is “satirical political humor”. Randazza stated that “Even an imbecile would look at this Web site and know that it’s a parody.” In his legal brief, Randazza compared the website to other Internet memes, such as “All your base are belong to us” and video parodies of the German film Downfall.

“We are here because Mr. Beck wants Respondent’s website shut down. He wants it shut down because Respondent’s website makes a poignant and accurate satirical critique of Mr. Beck by parodying Beck’s very rhetorical style,” wrote Randazza in the brief. The brief also commented on Beck’s style of reporting, and pointed out a controversial statement made by Beck when he interviewed a Muslim member of the United States Congress. Beck said to Representative Keith Ellison: “I like Muslims, I’ve been to mosques. … And I have to tell you, I have been nervous about this interview because what I feel like saying is, sir, prove to me that you are not working with our enemies.” According to the Citizen Media Law Project, the website’s joke premise takes advantage of “a perceived similarity between Beck’s rhetorical style and the Gottfried routine”.

Public interest attorney Paul Levy told Ars Technica that if a statement in a website’s domain name were both false and “stated with actual malice”, it is possible it could be considered defamatory. The First Post reported that Electronic Frontier Foundation attorney Corynne McSherry gave an analysis asserting that though the domain name of the website is “pretty dramatic”, it constituted “pure political criticism and there’s nothing wrong with that”. McSherry and Levy both agreed that the action of Beck to take the matter to the World Intellectual Property Organization was probably a tactic to determine the identity of the website’s owner.

Andy Carvin of National Public Radio wrote that Randazza’s legal brief was amusing, commenting: “It’s not often that I would recommend reading a World Intellectual Property Organization legal brief for its entertainment value, but today is going to be an exception.” Nate Anderson of Ars Technica commented “In any event, the WIPO battle promises to be entertaining, and there’s even a bit of serious purpose mixed in with the frivolity. Just how far can WIPO go in using its domain dispute system to address Internet spats?”. Domain Name Wire wrote that “…when someone who has created a bitingly satirical web site works with his lawyer to put pen to the paper, the end result can be quite amusing.”

Writing for Adweek, Eriq Gardner pointed out the comparison made by Randazza’s legal brief between the website’s parody nature itself and the statement made by Beck to Congressman Ellison, noting: “this case also makes a political point”. Jack Bremer wrote in The First Post that the attempts by Beck’s lawyers to argue that the website’s domain name is itself defamatory “looks like a first in cyber law”. Rick Sawyer of Bostonist characterized Randazza’s legal brief as “Hillarious!”, and called the attorney “among the North Shore’s most hilarious legal writers”.

The FOX News-critical site FoxNewsBoycott.com likened the legal conflict between Beck and the site to the Streisand effect, a phenomenon where an individual’s attempt to censor material on the Internet in turn proves to make the material itself more public. “Glenn Beck is experiencing the Streisand Effect first hand,” wrote FoxNewsBoycott.com. John Cook of Gawker.com also compared Beck’s actions to the Streisand effect: “Now Glenn Beck’s trying to shut down their web site, ensuring that people will write about it.” Jeffrey Weiss of Politics Daily wrote that by taking legal action, Beck “did the one thing guaranteed to garner the greatest amount of publicity for the site”. Techdirt described Beck’s legal action as “not particularly smart”, and noted: “Beck would have been better off just ignoring it. Instead, in legitimizing it by trying to take it down, many more people become aware of the meme — and may start calling attention to situations where Beck (and others) make use of such tactics.” The blog Hot Air noted the issue could gain attention if it becomes a test case for the First Amendment: “If this becomes a First Amendment test case, the smear’s going to be covered far and wide…”

Wednesday, July 5, 2006

London — Yell, the world’s biggest yellow pages publisher, today threatened to shut down Yellowikis, the wiki-based yellow pages directory.

Yell accused Yellowikis co-founders Paul Youlten and his 15 year-old daughter Rosa Blaus of “misrepresentation”, “passing off” and suggested that using the name Yellowikis could “constitute an ‘instrument of fraud’.” Passing off is defined as misrepresenting a product and passing it off as one’s own. Passing off is a form of trademark infringement.

Yell is demanding that Paul and Rosa close down the website, transfer the domain names to Yell and agree to pay damages to Yell for loss of profits. Yell made $2.4bn in 2005, whereas Yellowikis had a loss of $500. The $500 was used to print T-shirts promoting Yellowikis at the Wikimania conference in Frankfurt.

Paul Youlten said: “This threat from Yell to shut us down looks like a sign of desperation. The whole yellow pages industry is in crisis. Use of the paper directories is collapsing as people get broadband Internet connections in their homes. Small and medium sized businesses are beginning to notice that their customers are ringing them up and saying ‘I found you on Google’ and not ‘I found you in the yellow pages’.”

Rosa Blaus said: “Maybe they are a bit jealous of Yellowikis because we allow companies to add videos, skype IDs, email addresses, instant messaging, in as many categories and languages as they like for free.” Blaus suggested to her father that they set up Yellowikis after she noticed small businesses were deleted from Wikipedia for not being “encyclopaedic”.

Yellowikis has been growing at 8.7% month-on-month and has 494 editors and about 5,000 articles listed.

The threat of legal action came after an article published in The Independent newspaper mentioned Yellowikis.

Thursday, October 18, 2007

It can be difficult to be John Reed.

Christopher Hitchens called him a “Bin Ladenist” and Cathy Young editorialized in The Boston Globe that he “blames the victims of terrorism” when he puts out a novel like Snowball’s Chance, a biting send-up of George Orwell‘s Animal Farm which he was inspired to write after the terrorist attacks on September 11. “The clear references to 9/11 in the apocalyptic ending can only bring Orwell’s name into disrepute in the U.S.,” wrote William Hamilton, the British literary executor of the Orwell estate. That process had already begun: it was revealed Orwell gave the British Foreign Office a list of people he suspected of being “crypto-Communists and fellow travelers,” labeling some of them as Jews and homosexuals. “I really wanted to explode that book,” Reed told The New York Times. “I wanted to completely undermine it.”

Is this man who wants to blow up the classic literary canon taught to children in schools a menace, or a messiah? David Shankbone went to interview him for Wikinews and found that, as often is the case, the answer lies somewhere in the middle.

Reed is electrified by the changes that surround him that channel through a lens of inspiration wrought by his children. “The kids have made me a better writer,” Reed said. In his new untitled work, which he calls a “new play by William Shakespeare,” he takes lines from The Bard‘s classics to form an original tragedy. He began it in 2003, but only with the birth of his children could he finish it. “I didn’t understand the characters who had children. I didn’t really understand them. And once I had had kids, I could approach them differently.”

Taking the old to make it new is a theme in his work and in his world view. Reed foresees new narrative forms being born, Biblical epics that will be played out across print and electronic mediums. He is pulled forward by revolutions of the past, a search for a spiritual sensibility, and a desire to locate himself in the process.

Below is David Shankbone’s conversation with novelist John Reed.

Sunday, August 26, 2007

A one-inch settlement of the roof of The Bay tunnel to the Montreal Metro caused authorities to evacuate 12 blocks of the Montreal downtown core.

Several people noticed water infiltration in the tunnel over the last few days. On Friday, August 24, at 1 p.m., while investigating another water infiltration incident, The Bay employees noticed that the ceiling of the tunnel portion of The Bay’s basement sales area had descended one inch over a 7 meter length. They subsequently called police. The police and firefighters evacuated the basement of the downtown Bay store. The police closed de Maisonneuve Boulevard from Aylmer Street to Union Street, over the area of the crack.

At 4 p.m., firefighters evacuated the Parkade Montreal Building and The Bay Department Store after finding pieces of concrete falling from the Parkade Montreal structure, a multi-story carpark with five levels of offices on top. They also evacuated the downtown portion of the Line 1 / Green Line of the Montreal Metro subway, from Lionel-Groulx to Berri-UQAM stations, and evacuated the McGill metro station, which is situated below The Bay tunnel. After consulting with city engineers, Centre 2001, the loading dock of the Bay and its Hertz car rental agency, Les Promenades Cathedrale underground shopping centre and office tower, and a neighbouring office tower to the Parkade were also evacuated. Police cordoned off an area from Bleury Street in the east to University Street in the west, and from Ste-Catherine Street in the south to President Kennedy Street to the north.

The closure of the Metro caused havoc to the Friday afternoon rush hour, as over 40,000 people regularly use the Green Line (Line 1) every day. Montreal Transit Corporation workers issued directions during the day, though some may not have been informed of a provisionary bus service to replace the lost subway service. Loudspeakers announced that commuters should use the unaffected Orange Line (Line 2), which has lines between 5 and 10 blocks south of Line 1 (Green Line), and also connects to Lionel-Groulx and Berri-UQAM stations.

The downtown area is intended to remain closed for at least the weekend, along with portions of the underground city, or RESO. The tunnel was built in 1966. For the last few days, city work crews have been working above the slab in question, digging a one meter trench to install a median and segregate a new bike path on de Maisonneuve Boulevard. The tunnel roof lies five meters below street level.

Residents of Montreal are frustrated with the crumbling infrastructure in and around the city, including the collapse of the de la Concorde Boulevard overpass over Autoroute 19 expressway last year, the shattering of a column holding up the Autoroute 720 Ville Marie elevated expressway last month, and other incidents.