Speaker by Various Artists

39

Copywrong II

by Nandor Tanczos

The Copyright (New Technologies and Performers’ Rights) Amendment Bill passed its first reading in Parliament last week, with only the Green Party voting against it. The following is the speech on the bill by Green MP Nandor Tanczos.

The full debate is here.

More information on the content of the bill, and the parts of it that are cause for concern, is contained in this Hard News post and in detail on Stephen Marshall's legal blog:

Part One: Background and Context

Part Two: Copying for Educational Purposes

Part Three: Format Shifting

Part Four: Technological Protection Measures (TPMs)

Part Five: ISPs and Transient Reproductions

Part Six: Libraries and Archives

Part Seven: Software

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Speech: Copyright (New Technologies and Performers' Rights) Amendment Bill, First Reading
Nandor Tanczos MP, Green Party Information, Technology and Communications Spokesperson
Parliament, 13th December 2006

The Copyright (New Technologies and Performers’ Rights) Amendment Bill has been so long in the drafting that some of the more telling criticisms of it can be found in the ministry’s own early documents.

In its 2002 position paper, for example, it states that it is the ministry’s view that it is not the role of the Act to protect access-control technology, which is used in some cases to price discriminate and control geographical distribution of works to the detriment of users. I absolutely agree. Our copyright law should not be used to help firms to price discriminate and to control where and how works that have been legally purchased can be used. This would be to the general detriment of users and it would stifle innovation and research. Yet this is precisely what the current bill would do. It would turn this Parliament into a tool of corporate control by mimicking some of the least desirable features of prior American legislation on this topic.

To be fair, there are some good points. The bill tries to distinguish between personal use and commercial use of digital material, but with mixed results. It protects Internet service providers from being in breach of the Copyright Act as they conduct transient copying during the process of delivering web material, and it has also tried to come up with a workable notion of 'fair dealing' in copyright material. It tries to exempt sound recordings that have been ripped to an iPod or for playing in the family car. It also seeks to create another exemption that intends to legalise the use of multi-zone DVD players. These are welcome advances - or they would be, if they were unambiguous.

I acknowledge the comments of Chris Finlayson in his call for a comprehensive approach to the whole issue of what constitutes 'fair use'. If we take the issue of format shifting as an example, currently under the Copyright Act it is illegal to rip a CD that one has legally purchased on to one’s iPod, or to make a copy to play in the car.

Under this bill it would be legal to take a CD that one has bought and make one copy for each of the replay devices that one owns. Yet, incredibly, this provision has been given a sunset clause. This exemption, which allows a person to format-shift the sound recordings that he or she has bought, will expire 2 years after the legislation has been passed, unless it is explicitly renewed by Order in Council.

It seems to me to be a basic principle that once we have bought a CD, we should be allowed to decide how we use it in our own homes. How will this exemption work at all if a record company attaches non-copying technology to its CDs? Under this bill it would appear to be illegal to try to circumvent that technology and to try to enforce one’s legal rights in New Zealand. One of the concerns raised by the Privacy Commissioner around this very point was that such proposals may force New Zealanders to accept intrusions on their rights that may not be consistent with New Zealand law but would be illegal to circumvent.

In addition, why has the exception for copying purchased sound recordings for personal use not been extended to audiovisual works, as well - that is to say, to DVDs as well as CDs? People do format-shift both CDs and DVDs, and will increasingly do so - it is just a simple fact of the world we live in.

The line between personal use and commercial use also gets very blurry, very quickly. If personal use can be argued to have commercial implications - if one merely communicates information about the structure of encryption codes to others who then use them for commercial or criminal purposes - the chain of liability seems very unclear.

Presumably, one cannot be held criminally liable for the end uses of digital information by others. It is also unclear to me how, under this bill as it is drafted, one could carry out open source research, which can be said to be of personal use too but can have commercial applications. The entire open source movement, whose overwhelming strength and contribution to the entire evolution of the World Wide Web and the Internet has been based on its readiness to share how codes and formats work, could all be torpedoed by this legislation.

We would be legislating against the new breed of web innovators. Where, for instance, will interoperable competitive products fall on the spectrum as the bill attempts to strike a balance between copyrights and personal use? In one sense it is clearly of personal advantage to be able to develop one’s own product, but will that not entail cracking and disseminating the codes and formats of the units one wishes to interoperate with?

But, as I have previously indicated, my most fundamental problem is the degree of protection that the bill offers to technical protection mechanisms. These anti-circumvention measures primarily put Parliament in the service of corporate profit-making. They give no discernible defences at all, that I can see, against malware or encrypted surveillance measures that corporates may well incorporate into digital works that they distribute. Collectively, these measures will - and currently already do - work to stifle innovation and research.

Let me be clear at this point that the bill, despite its name, is not actually about protecting the copyright of artists. Those artists’ right to a decent income from what they have created is not the driving motive of this bill. Nor will this bill stop piracy or counterfeiting. The US legislation that the bill mirrors has been invoked not against pirates but against consumers, scientists, and legitimate competitors. What this bill seeks to do is enshrine the rights of corporations over cultural and scientific property. Artists, with very few exceptions, will continue to receive a pittance for the fruits of their labours. After all, the bill is about the right of corporations to exploit consumers at every point in the delivery of digital material, and it seeks to make a criminal out of every citizen who tries to resist those corporations’ power to do so. As an example, corporations in the United States have already sued nearly 2,000 individuals who have engaged in the file sharing of music.

Just today we have been debating legislation to end Telecom New Zealand’s monopoly of access to the local loop—why on Earth would we want to create a new realm of legislation that enshrines monopoly access in the digital domain?

The international verdict on this legislation is already in. Cory Doctorow of Boing Boing, the world’s most widely read blog, has this to say: “New Zealand MP Judith Tizard has sponsored an amendment to New Zealand’s Copyright Act. The new copyright proposal mirrors the US Digital Millennium Copyright Act. This has been an unmitigated disaster in the United States. Not only has it totally failed to keep copyrighted works from being copied without permission but it has also created an anticompetitive marketplace where companies can sue their competitors for making compatible products.” For making compatible products! Not to mention, the devastating effects on user rights and the chilling effect on legitimate security research. “The US had an excuse,” Doctorow concludes, “when it passed the Digital Millennium Copyright Act in 1998: nobody had tried it before and seen how bad it was. But here we are, 8 years on, and what possible excuse can New Zealand have for adopting this failed US policy initiative? Why would one want to import another country’s disaster?”

That is the question this Parliament has to ask itself. In fact, as someone has already said about this bill, people can poison the river and get a slap on the wrist - or get a consent, as happened in Pareora just today, I think - but if they try to tamper with a multinational’s international property rights, then the book really gets thrown at them, to the tune of fines of up to $150,000 or 3 years in jail, in the case of that legislation. Why on earth do we want to introduce that kind of legislation here?

I will make one final comment around the exemptions for educational purposes. The point was made, in an email that came to me only today from Stephen Marshall, that the Copyright Licensing Limited v University of Auckland decision has made it abundantly clear that exceptions in relation to educational purposes must be interpreted as narrowly as possible. In practical terms it is very hard to stay within the limitations of the Act. New Zealand institutions have discovered this to their cost. In effect, every institution must use licences to manage the risk. The bill’s regulatory impact statement acknowledges that obliquely by saying that it may be that some libraries and educational establishments will be prevented from making particular use of copyright material without a licence from the copyright owner, but that it is OK because it may already be covered by their licensing agreements. This rosy view of the world of licensing ignores the experience of Australia, which is often an accurate predictor of New Zealand in this area.

We have to remember that licensing for digital provision of materials is substantially more expensive than for paper-based materials—up to 10 times the fees for the same content on digital. Institutions are having to invest heavily in onerous tracking and notice provisions.

(ends)

0

Dan Destiny and Dutch Courage

by A younger Russell Brown

In 1987, I left my job working nights at the HMV Shop in Piccadilly Circus and set off to join the Chills on their tour of Europe. It was an amazing experience, and it was a privilege to see the Chills play in so many places.

I wrote about it for Rip It Up. I wrote a lot. What follows is just part one of the story that spanned two issues. And I wrote a bit indulgently. Clearly, I was trying things out. Real Groove retrieved the story for its Flying Nun 25th Anniversary and Duncan Grieve has kindly let me use the text here. I've edited out some of the off-topic stuff, but basically this stansd as an indication of what the Chills did back then and, I guess, where a certain adventurous young journalist was at, too. RB

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I have a theory. It's been my belief that reverie of a certain kind is a significant part of the New Zealand character. It's that disposition to sit back and dream, more especially in this case to recall, to yarn, to embellish memory.

You'll see it at its most pronounced in New Zealanders away from home; prompting each other into recollections of old TV programmes, seeing who can whistle theme tunes, echoing songs from dead hit parades, remembering five-cent ice creams and 50 cents to the pictures, or as far forward as first, fifth and fifteenth times they got drunk and sicked up and swore never again. Some great parties, the better gigs and one or two sunsets.

The tendency to shining memory marks our country's literature too, be it the well-known callings-up of Janet Frame or Ian Cross, or the heart of yarning in Sargeson, Morrieson and Crump. It's the nation's relative youth that makes this storytelling essential. It's a setting-in-order of the past, laying a base for personal and national myths. On the other hand, the Maori have had a lot longer to listen to the land - and a rich oral tradition to match.

The further you are from the jaded modern world, the more time there is to make a good story of the past. As that past become at once less and more "real," people, people, places, objects and events and accorded totem status, they serve as landmarks. People begin to collect physical and emotional memorabilia. For the kind of people who read this magazine, phonograph records and often the most vivid totems. Within an established record collection lie highs and lows, hopes, dreams, pride and creeping embarrassment.

Not surprisingly, Martin Phillips of the Chills has an established record collection. He draws too. He drew a picture for the inside cover of the first issue of the Jesus on a Stick comic, a fine line drawing called 'Machine's Crossing.' In the picture a wide-eyed young face stares out the back window of a bulbous old car with a number-plate reading "Holiday," on the road in the middle of nowhere, probably Central Otago. Huge power pylons carry cables high over the road and off into distant foothills. But the wide young eyes see the lines in the grasp of alien metal giants, who march off into the distance, unnoticed by all who don't take the trouble to look, then as a convoy of swaying elephants.

It is quite a haunting picture. The car and its occupants will stop sometime for five-cent ice creams.

Feb 8
Clapham South, London

Craig Taylor arrives home and begins to make one phone call after another on a Sunday night, most of them to do with the Chills' gig at Dingwalls in three days' time, the first of their European tour. In between he confesses to some "trepidation" about it. There's a lot riding on it for him. There are 40 or more journalists on the guest list and it does have to go right.

Taylor has been in England since he gave up being a student scallywag in Dunedin in 1977. He lucked into a job doing the back door at the toilet-like Marquee club, which meant he saw band after band, night after night. He met a lot of people too, and wound up making rock videos for a few years. From there it was on to contract tour management and a bigwig job with Point Music Publishing.

He became involved with Flying Nun Records after a friend sat him down and played him the Chills' "Pink Frost" a couple of years ago: "I still think that's an amazing record - incredible space for something done on four-track bumped up to eight-track," he says. "And as a Dunedin boy I was proud that this kind of thing was coming out of it - because there was nothing like that when I left."

Taylor's interest came just in time for the Chills' first trip to England in 1985. In a rush he arranged gigs, studio time, press, a video and floors to sleep on. It all went quite well and then, of course, the band went back home and broke up.

In the interim Flying Nun UK has been set up and has so far released Tuatara, the Verlaines' Hallelujah LP and the Bats' 'Made Up in Blue,' recorded during their tour last year. Set for imminent release (it has been "due out in two weeks" for some time) is the Chills' 'Leather Jacket'/'Great Escape,' which may top the English indie chart. To follow are Sneaky Feelings and Tall Dwarfs compilations and the EPs by the Jean-Paul Sartre Experience and Look Blue Go Purple.

Now Taylor has backpedalled the secure publishing job and thrown himself into the Chills. He is aided by English journalist Martin Aston, who handles all the FN press for the love of it, which is considerable. He says he identifies strongly with the Nun experience, even though he's never been within half a world of its homeland. He does, however, have abnormally large collections of comic books and records.

Aston arrives and the pair sit down and compare their respective guest lists for the Dingwalls gig. They snipe good-naturedly: "You're giving him a plus-one? Look, there's just no way ..." The list is swelling and Craig will have to placate the Dingwalls management by paying for most of it. "Look," he sighs, "get yours down to the bare minimum and I'll get it typed up. It always looks less typed up."

The tour party begin to arrive. First are Justin Harwood and Andrew Todd, bass and keyboard players respectively in Chills Mk 10. If you don't already know the well-chronicled Chills saga, Phillipps searched long and hard before choosing these two and drummer Caroline Easther to replace the band which dissolved after the first English tour. Commitment to the band, one of the flaws in the last Chills, was one of the key criteria in choosing new members this time.

Justin explains that the band is 14 New Zealand gigs old and that while some of those were good ones, the band won't be playing to potential for at least another two or three months.

Caroline doesn't show, but sound/lights partnership Andrew Frengley and Lisa Coleman arrive, along with Martin P and his girlfriend Kate Tattersfield. Craig's mate Nicky Tesco, the old Members' singer, calls in too. He's a songwriter/producer now. Not to mention a talker. It being a Sunday evening, things are adjourned to the pub, where the jet-lagged ones have one pint of something strong and look like falling over.

After the pub, Doug Hood (who, as all the fanzines will tell you, used to be soundman for the Enemy) phones up from Auckland to see that things are going okay, which they are. Tongues get looser and Craig explains publishing to Martin P, who listens intently. It will be good to try and hold on to the Chills' publishing for as long as possible, he explains. But in the short term that involves coming up with some money, this is not like the neighbourhood music industry in New Zealand. There is money at every turn in the real world.

It gets late and Craig leaves to drop off Martin and Kate in his battered BMW. You see battered BMWs everywhere here - they're two-a-penny in a relative sense and no one has any particular regard for them. They're a kind of a wide boy's car. About half an hour later, Craig phones. He has been picked up and breath-tested and is at Battersea copshop. It's okay, he's under the limit, but they won't let him drive. A cautious breath of relief is breathed.

This is the news: the color has drained from Auckland - no venue, dissolution. A few people are a little lost; where do you drink when the party's over? A golden year fades? Or just changes. Those as can move on, do. Peel is in Sydney, happyish, sends her love, sorry about no letters. There's a pic of the Battling Strings in the paper - Andy looks awful!

Feb 11
London Camden Dingwalls

In the afternoon at Dingwalls the place is still a little bit sweaty and beery, which you'd expect after all these years. Martin is off doing one of his three interviews for the day and the others are setting up around a half-finished meal of pizza and gruesomely English cake. Everyone is upbeat, energetic and a bit nervous. It's hours before the gig. Caroline takes a couple of photos of the stage.

By the time most of the hours have passed there's a slow queue stretching around the corner outside. Inside, there's a bubbly, excited mood and every expat NZer you never knew was in London. There are a lot of us and we kind of look the same.
There's S----lager at the bar at a princely £1.20 a can and not shifting as fast as it did last time. So maybe most of these people aren't ex-Kiwis. The just kind of look the same. There's the American at the bar who likes the Chills a lot but actually flew over from NY to see Alien Sex Fiend tomorrow night. There's Dave from HMV in Norwich who loved the Chills last time. He just bought the cassette of Tuatara and is a bit put out when he's told that most of the bands on it aren't around any more. There's a lot of must-keep-in-touch and address exchanging.

Dingwalls is a great place for a chat. Not such a good place to see a band really. That's the thing you find out when all those names you clocked in the NME gig guide become reality - most of the venues are public toilets with car stereos for PA systems. Dingwalls' major foible is a mezzanine platform which obstructs the view of the stage for anyone who's not on it, or in front of it on the dancefloor. So after the young, naive My Life Story from Brighton and the party cool of New York band Crash, two-thirds of the crowd crams into less than one-third of the space to see the Chills. It gets vigorous quickly. A bunch of No Tag fans demand to know why No Tag aren't playing as advertised (a misunderstanding).

It's immediately clear that this is a very different band from the last Chills. The first thing apparent is a great big, tensile band sound that hasn't got to know itself yet. At Dingwalls doesn't ever murmur quite like past Chills have but there's a real unified muscle at the high points. For the moment it's the thunderous re-entries of 'Ghosts' and the buzz of a revitalised 'Leather Jacket' that translate better than 'Night of Chill Blue.' In the back of your mind you worry a little about the Chills taking the wrong road someday and ending up the living hell that is tight'n'ragey.

But in the end, after an encore ending with 'What Shall We Do With a Drunken Sailor?' ("...sodomise and keelhaul him..."), yes, it's good, it has worked, really all this gig was meant to do. It's unfortunate that so many people have paid their money to watch the gig on TV monitors at the back, but there's always the Savoy Ballroom in a month's time.

Craig and Martin Aston are well pleased. Martin talks to some hack who reckons they were tamer than he thought they'd be, and he's right, even if he did spend most of the gig by the bar. Craig has been talking to the producer of The Tube, who doesn't see why the Chills shouldn't be on his show.

"Doesn't see why not?" Craig relates. "After a gig like that what are you supposed to do, suck God off?"

Craig! Never end a sentence with a preposition!


Feb 19
Amsterdam, Netherlands

It's a myth to think that when you go on tour somewhere you'll automatically meet the locals. You don't. What you find at this time of year is American preppies, hordes of them. Healthy and chubby, with voices like a thumb pushed across a lump of polystyrene foam.

It's a bad thing to say, but you come to understand the logic of all the Halloweens and Elm Streets, where squeaky clean American youth pop off by the dozen. After a short time surrounded by hi-volume chatter, wading in with a chainsaw seems to have a certain appeal: "Omigod you guys, I'm, like, totally severed in the middle, y'know?"

There's a bunch of the girl kind sitting at the next table, before noon at the Hard Rock Cafe. They're drinking pints of beer but they're the only ones on the place not smoking cannabis or preparing to. They're the only ones talking. But the warm, red, seedy tone of the place seems to have coloured even their forthrightly ingenuous air. They look a bit sleazy.

That's the thing. The hash cafes of Amsterdam should be free of the tiresome sleaze and subterfuge if cannabis is decriminalised and its sale tacitly permitted by the authorities. But they're not. They're relaxed and friendly but the man in the corner selling grass and hash will always be a bit sleepy, seedy and slow and there's a slight electricity to each transaction. Maybe everyone likes it because it tickles their sense of guilt.

It tickles something else to appreciate the way cannabis preparations from around the globe have found their way to the corner of the bar of a tiny cafe in Amsterdam. Cafe dealers will be able to offer a range including Mexican seedless, dry, dusty grass from Africa or Colombia, dark, spicy-smelling buds from Jamaica, hash from Afghanistan (purchased, they say, from rebel forces on the Pakistani border), Nepal, Turkey, Morrocco ... and even locally-grown sinsemilla, the product of Californian consumer grass technique. The man will have a board listing his products and prices and possibly a folder, like a photo album, of sample bags. As befits its retail status, most quantities are worked round a 25 guilder (about NZD$25) standard price. At that price for two grams of Jamaican buds it's not wondrously cheap, but this is retail. If it's all too confusing you can buy a piece of "space cake" for 5-7 guilders.
There are hundreds of cafes in Amsterdam but only dozens which encourage cannabis smoking. Of those which do, some are large, perhaps with two floors, some are small. Those aiming for young tourists have big video and sound systems, while others just hum with a quietly hip soundtrack and low conversation. The big ones serve alcohol, the small ones usually don't. Some are part of a chain, like the Bulldog cafes, which even extend outside Amsterdam. The Bulldog tries to play both games with its Leidseplein branch which has two basement hash cafes and a big, bright, airy restaurant for tourists upstairs. Periodically, a straying group of English matrons will have to be quietly told by the barmaid that hash is being smoked down here and perhaps they'd be happier upstairs. They have to be careful. One such matron last year was served a piece of

space cake, hallucinated, and demanded that the British Foreign Office declare war on Amsterdam.

People ride bicycles, old bicycles, everywhere. New bicycles wouldn't take these cobbled streets and wouldn't look right. Wouldn't wobble gracefully like old bikes do. They glide through the arches over Museum Road, while a lone woman busking saxophone, long, dreamy notes, echoes around under the stone slabs.

(Still) Feb 19
The Melk Weg, Amsterdam

The Melk Weg, or Milky Way, is probably the most famous cafe in Amsterdam, if cafe isn't too mild a word. With a little council help, it incorporates two coffee shops, a well-appointed bar-venue, a theatre, cinema, gallery and bookshop. It hosts everything from African jazz to New Zealand rock and roll, and it's the latter which is happening tonight.

The Chills have played seven gigs since Dingwalls, in Belgium and Holland the setting-up is noticeably more matter-of-fact, even though this is in theory the big Dutch gig.
"Lisa," says Martin, sitting down on the edge of the stage. "Apparently someone's making us a flying nun to fly above the stage. Do you want to go and have a look at it?"

Lisa finds the big staging room where two long, pale goths (Goths. You know goths? More on goths later) are working on their creation. It is not very Chillsy. It is not very nice. A purple-clad nun straddles a big crucifix like a broomstick. The dark side of Dutch Catholicism perhaps.

Lisa goes back and they all agree this can not go up. She goes back and tells the two goths they'll have to take the cross out.
"But it's a gold cross!"

After soundcheck, dinner is due. And due. And due. One of the prices of eating out in Amsterdam is the service, which is friendly but slow and sometimes unbelievably disorganised. It takes fully an hour-and-a-half to eat at the venue's front cafe this night.

Stage time, 11pm, rolls around and the venue has filled up with a crowd spanning the spectrum from old-style hippies to goths, about 700 of them. There are a few sound problems, mainly with the old strings on Justin's bass, but seven gigs on from Dingwalls the Chills are markedly tougher. Maybe a bit too tough for some of the crowd, who look like they've been hit over the head with a frozen dog roll, but are perhaps just too stoned to move.

This full, the whole thing is weird. But mostly good weird and occasionally very good weird. This is a crowd with little use for inhibition. A blonde woman pushes her way towards the front, and then with slow and purposeful motions, clambers onto the stage and kneels on it, swaying and waving her arms. The stage man from the venue tries to persuade her to leave, but you don't do things like chuck people off stages in Amsterdam. It's not nice. Then she tears off her T-shirt. Then she leans over and begins holding onto Martin's leg as he plays. His expression is part pissed-off and part terribly embarrassed.

After two storming, noisy encores, the floor clears a bit and the disco, run by the two goths who made the nun (which ended up looking like a torture victim, strung by arms and legs above the stage), hots up. People draw round to watch those who choose to dance fling and contort themselves, no two dancing alike. There's a trim, healthy, hippy pulling some tai-chi out there on the floor, while an immaculate leatherchick frugs like there's no tomorrow.

Later, after the key to the rental van has been lost, given up, and located, there's a quiet party in Martin and Kate's hotel room. They haven't been partying up a lot so far, what with Martin having trouble with his throat. As a matter of fact the Chills a building up a backlog of beer - they're having trouble drinking their rider. The rider is the proviso a band lays down before playing and at this level it's standard for it to include, say, a bottle of spirits and two crates of beer. But pissy Euro-Pilsener at its worst can make one bottle seem plenty, especially when you're travelling all over the place and you're knackered. Anyway, so the riders are piling up.

Small, quiet parties being what they are, there's a lot of talking - a lot of shit-talk. Now don't get me wrong. What I mean by shit-talk is a fine thing, a kind of ambling, musing, storytelling talk of sublime unimportance. And from which, like any other kind of shit, good things grow. You'd be surprised by how many people can't do it (many of the English, empirical for far too long, don't understand it at all). This night, old TV programmes are eulogised and it turns out that Justin, although a mere stripling of 21, can call to mind more stupid old telly programmes than anyone else. He's too young to remember Gigantor: "I only go back as far as Space Ghost."

As is their wont, drinks start getting kicked over and being mopped up: "Pat it, don't rub it ..." Kate muses. "Remember that? My father always used to say that if something got spilled. Did yours?"

Mmmm ... he was keener on "Were you born in a tent?"

Into a silence creeps a strange scratching noise from outside the door ... Investigation reveals Lisa, who went outside to smoke a cigarette, feverishly retrieving spilled ash. All together now ... "PAT IT - DON'T RUB IT!"

TV programmes ... by the very depthless nature of television they're a shared memory, because they happen the same for everybody. Everybody heard the Daleks intone "Exterrrminate!" or Selwyn bellow "What'll it be, customers?" and they saw it all from the same, presented, angle. The only possible difference is whether they saw it in black and white or colour. That would be the Kiwi class gulf in action.

"Were you born in a tent?" they used to say. "Were you born in a bloody tent?" when what they meant was "Will you please remember to shut the door!" A simple command would have been clear and instructive, especially backed up with an explanation of how shutting the door saved on bills, cut down on outside noise and prevented unwanted intruders. But no, they had to ask you if you were born in a tent. As if you'd bloody know!

Feb 21
Patronaat, Haarlem

The Quentin Hotel is a rock and roll hotel - or, more correctly, a performers' hotel. At the bottom line this means they serve breakfast until noon. But it also denotes special qualities in the group of happy young gay men who run it in keeping their guests happy while keeping them in line. They have only had to throw one group out, the notorious King Kurt. They Chills of course are comparative cherubs, but they do have to have a parental telling-off on occasion. Andrew Todd, for example, keeps leaving the outside door open, allowing the cold air outside and the warm air in the lobby to change places.

He does it again. "Ahum, Ahhndrew ..." begins co-manager Philip, with smooth mock ingenuousness. "Do you not haf to shut doors in New Zealand? Are you not taught ...?"

Yes. We are taught. Were you born ...

The band plays this night in Haarlem, a small town not far south of Amsterdam, so there's time to explore Amsterdam for a Saturday afternoon and catch up with them later. With its lookalike streets and canals, it can take some exploring, but the locals will positively queue to give you directions. An extraordinary number speak English.

The Patronaat is a nice little club in a nice little town. Everyone is young and helpful (when you get old you move to Amsterdam and be helpful) and the DJ is a real sharpie, even managing to pluck out the Clean's 'Tally Ho!' for the occasion. He's rewarded later on with a 12" of 'Leather Jacket.'

Craig is back from London, bearing new bass strings for Justin and news of the van he's just acquired for the band. It's a ... Volkswagen. A hi-top one, and Ivan Purvis is driving it over. Ivan used to be Sneaky Feelings' soundman but through Craig's good offices he's recently finished a British tour as part of the Human League's crew.

The new strings render the rhythm section clean as a whistle, and before an enthusiastic crowd takes place the best gig of the tour so far. The crowd won't let the band go without three encores. You can ever hear the words to the newer songs. Martin Phillipps may only manage self-conscious thankyous between songs and encores, but he's positively bursting to say things in a song like 'Background Noise' - "I won't play drinking music for boys / Making background noise ... I won't compromise / In my eyes / and that's a promise I'll make ..."

He's happy to keep on saying things afterwards too, when two earnest young men from the local paper take him under the stairs for an earnest young interview while everyone else has a crack at drinking the rider. Even though he's been doing a lot, he's still an incredibly conscientious interview subject. Kate says he quite enjoys the interviews: "He just likes to emphasise that he's an ordinary person."

It's an easy load-out at the Patronaat, no stairs, straight out a side door, and the last ride in the rental van is only delayed while a young woman gives Andrew Todd her address. On the short trip back to Amsterdam humour is good and there's singing.

It's a weird feeling when you realise you still know all the words to 'Bohemian Rhapsody.'

Feb 22
De Pul, Uden

Uden is miles from anywhere, even, as we'll later discover, from the hotel for the night. Stuck amid miles of lookalike flatlands, with only the occasional twisted perspective of water stacked up above the road to relieve the tedium of travelling there. There is fluid on the lungs of rural Holland.

The venue is signalled by the presence of a huge truck, and another one, outside it. The trucks belong to the Damned, with whom the Chills share the billing at tonight's "festival."

The Damned's crew seem to number about a dozen and they have already set up a PA that seems way too big for the club. They have set up the stage too, which is mostly occupied by Rat Scabies' star drum riser and flashy kit. It is made clear that the kit will not be moved and Caroline's has to be set up at the side of the stage. These men are proper roadies - coarse, a little gutty, good-humoured with each other. They mostly ignore the Chills, with the exception of the guitar roadie who is genuinely helpful, making adjustments to Justin's bass.

There's been a slight bolshiness within the Chills to do with blowing the Damned off the stage, and when the soundcheck comes they blow through two of the newer songs, 'Rain' and 'Dan Destiny and the Silver Dawn' very confidently and impressively. This proves to have certain repercussions later on ...

Dinner at a long table at a nearby resteraunt is subject to yet another exhibition of loony Dutch catering, with the kitchen staff presumably deciding the order in which dishes are brought out on the roll of dice ("Soup now? Nah ... dessert and salad ...").
The audience back at the club seems divided between music fans and goths. Goth is a classic English youth cult, in the same tradition but more middle-class in orientation than, say, teddy-boys or mods, that has caught on big in Holland. Like many such youth cults, music is utilised more as an interpretation of a dress code than in its own right. The look is dark and vampiric, accessories lightweight arcane and the momentum is hippiewards.

Musically, godparents Robert Smith and Siouxsie have been largely supplanted by the retard metal of the Cult (who have, at least, stopped pretending to be American Indians) and the astoundingly silly romanticism of the Mission. But Goth has also adopted, as its bunch of good blokes, the tired old Damned, whose lead singer Dave Vanian has been doing vampire chic since 1976.

Anyway, so a few goth children repeatedly demand to hear the Damned throughout the Chills' set and things get a tiny bit needly. The result is a gig the band don't enjoy, but consequently play with such a bad-arse feel that it's good listening. The tone in Martin's voice when he snaps "This one's for all the goths," before a song is a rare and thrilling one.

By the time everyone reassembles in the dressing room things are coming clear. The Damned's crew are notorious as Chelsea FC fans and it appears there have been one or two, er, professional fouls this evening.

For one, it has just been discovered the bands had equal billing for the gig and should have had equal stage rights rather than having to climb around the Damned's constructions. For two, Andrew was quietly advised to check the EQ settings on the PA and found they had been altered since soundcheck, so had to scramble to reassemble a decent sound during the first few songs. Nebulous things, but they taste band in the mouth.

But now the Damned are on. The Damned have not used a dressing room, but have pulled up in their heated bus just before showtime and leapt through the side door, made-up and dressed, onto the stage. When the gig finishes with Rat Scabies donning guitar for 'Pretty Vacant' (yes ...) they will scoot out and back onto the bus, where they presumably sleep. Their gig is the same loud theatre as their Auckland gigs a year ago and the young man on the Emulator still plays most of the music, no matter how much the bass player jumps and grins. Still, it's easy that way.
So, ships in the night. Two very different tours of Europe these; one where it's all new and different and upwards and one that barely touches down. God it must be boring being the Damned.

This is an edited version of Part One of 'Dan Destiny and Dutch Courage', Russell Brown's 1987 Chills European tour diary, originally published in Rip It Up magazine. Thanks very much to Real Groove magazine for the digital text. 

65

Funny, sexy and ours

by John Campbell

When I was seventeen, just about every boy I knew who did not dream of being an All Black dreamt of being in a band.

I dreamt of both. And whilst the All Black dream was comically outlandish, at least the All Blacks were ours. The band dream was entirely fanciful because twenty-five years ago the sort of music I listened to, the sort of musician I dreamt of being, was as particular to England as Margaret Thatcher, Butlins and mushy peas.

In 1981, I cut up the NME and plastered my walls with their cheap, print-stained photos of Ian Curtis, Robert Smith, Paul Weller, Ian McCulloch and Julian Cope: beautifully wan, wax boys with big, dandy hair. My father was so worried about their influence over me he banned the NME from our house. (I may be the only adolescent male in history who hid music magazines in a stash under his bed.)

And when I first started going to concerts, the Wellington bands I saw sang with English accents. Beat Rhythm Fashion sounded like they’d recently been expelled from Eton, but everyone had an English muse: from the Wallsockets to Shoes this High, everyone sang like Siouxsie, or Johnny, or a pantomime Oliver Twist. (Sometimes all of the above.)

Then came The Clean. And while they displayed wild kleptomania, they stole as bands ought to steal, widely and irreverently, smash and grab, not out of duty or hat tipping deference but with cockiness, exuberance and delight.

Christ The Clean were a brilliant band: funny, sexy and ours. The latter point seems to me to be an under-rated aspect of their early appeal. Why do New Zealanders congregate together in crowded flats in London? Because we like our take on the world, because we get it.

And then they began showing off. All those boys with such ordinary first names (David, Hamish, Robert, Chris, Martin, Peter, Shayne, Andrew, Graeme, Matthew, David) began to pop and bubble, to co-operate and compete, and Christchurch and Dunedin become a big Southern smithy, and not only did they make New Zealand music it seemed the most natural thing in the world for them to do so. And also for New Zealanders like me to listen to it.

Twenty-five years on it occurs to me that at heart of the local affection for Flying Nun is something as simple and corny as parochialism. And what’s wrong with that? We wouldn’t have felt so stupidly proud of them if their music hadn’t been any good. And besides, it’s much less embarrassing than Tony Blair hosting Noel Gallagher at Downing Street. However romantically fans mythologize Flying Nun I doubt that affection will ever stoop as low as “Cool Britannia”.

It’s no coincidence, I guess, that I see this coming of age in our music as taking place at I time when I was coming of age myself: our first loves always hold onto us. But it’s possible to overplay this too.

What made me buy Flying Nun record after Flying Nun record, what made me adore that music, was not just that it was modern music distilled by us, but that it was bloody, bloody catchy. Ask that fine American Stephen Malkmus why he loves The Clean and he’ll give you a similar answer: they knew the rare and gorgeous alchemy of the perfect, unforced pop song.

Listen back to the music on the box set. Listen to 'Joe 90', 'Pink Frost', 'Randolph’s Going Home' or 'Rebel', and you can’t help but sing along. (Indeed, what’s striking about the older songs on the box set is how well they’ve aged and how fresh they still sound.) And when you do sing along, you and the rough diamond behind the microphone will both have New Zealand accents. And although this seems unsurprising now, at the time it was a miracle.

What do we want from culture? In part, it’s to see your own life reflected back at us. With Flying Nun that was as simple as boys and girls who shopped at the same op-shops as you, who looked like the boys and girls you knew, who drove the same cars on the same roads, who made music in New Zealand and out of their experience of being New Zealanders.

But for all that to matter, the music itself had to have merit. I was proud not just because they were our songs those wonderful bands were singing, but because it had never occurred to me that our songs could sound so good.

1

Hot August Night

by Robyn Hunt

Ten to eight on a hot August night in New York and we had just finished a marathon sitting at the United Nations and finally cracked it. By the skin of the teeth of several hundred people from everywhere in the world the first human rights treaty of the twenty first century was agreed. I refer here to the draft International Convention on the Rights of Persons with Disabilities. All going well it should become international law next year.

Later that evening I found myself having a UN moment, exhausted and feeling surreal standing beside a piano played by a deaf blind man from somewhere in Europe in the Korean Mission singing ‘My Bonnie Lies Over the Ocean!’

Next day it was back to reality with a vengeance – long haul flight home cattle class, and because I need assistance in airports because of my visual impairment, being bundled into a wheelchair and pushed around like a piece of luggage.
No more hilarious nights with Aussies and others from all over, hiring stretch limos, twice, and drinking the occasional Margaritas and Manhattans. (Please note – None of this came out of my per diem.)

No more all day meetings, starting at around eight thirty and working late into the evenings, wheeling and dealing, persuading, influencing, and drafting. No more working alongside people I had grown to like and respect and who I will miss.

By the time I returned to Wellington the rather small media flurry was over, but the work had just begun.

Once the convention is adopted and ratified by the United Nations, 600 million of the worlds least visible and most disadvantaged people will soon have their human rights recognised under international law. That includes me, along with twenty per cent of New Zealanders.

Today is the International Day of Disabled People (December 3rd) a day to celebrate that achievement. As a document negotiated by the nations of the world in co-operation with NGOs and disabled people it is already giving voice, visibility and legitimacy to disabled people, eighty per cent of whom live in the developing world.

This is significant as it is the first time NGOs, never mind disabled people have taken such a role at the UN.
The International Day of Disabled People this year has the theme of e-accessibility. Electronic communications and technology have been eagerly adopted by disabled people, for many it means the difference between having a life and not having one.

Despite the enormous digital divide within the disability community world wide, electronic communications played an important part in the development of the Convention. Thousands of disabled people worldwide argued, debated and became informed on the issues. They were able to contribute using email and the Internet. The several hundred NGO delegates who attended each meeting were also able to communicate with their constituencies during the meetings via wireless technology, an empowering process.

Meeting the communication needs of this diverse community was a huge challenge for the UN – they had never done it before so there was a steep learning curve. People needed physical access, sign language interpreters, Braille and large print.

In New Zealand e-accessibility issues include access to the Internet and web based applications, access to adaptive technology – hardware and software – and the funding to ensure it is available equitably. We are lucky that some of the most innovative blindness and low vision technology in the world is made right here.

My own experience of e-accessibility, using the Internet before I found the Firefox browser was of great frustration. Nothing was ever big enough or clear enough. Now I can enlarge web sites until they fall apart and bits disappear completely. Ink on the Internet is free so I will never understand why so many sites use grey text which is so hard to read.

The Convention itself includes access to information and technology. After all technology is only a means to an end and the end is full and equal participation as citizens with all the rights and responsibilities that involves.

The average person takes the everyday for granted, things that we have to organise around, or simply miss out on, such as easy access to public transport, being able to drive, being able to communicate with others easily, using the phone, attending the school of our choice and being able to control our physical environment.

The Convention covers all aspects of daily life, such as the right to work, access to education, health and justice, equal recognition before the law, the right to life and freedom from torture, living independently and being included in the community, privacy, and an adequate standard of living, among other basic human rights.

Once it has been adopted by the General Assembly of the UN it needs twenty states to ratify for it to become international law. Hopefully New Zealand will be one of the first.

And New Zealanders can pat themselves on the back. We had a large delegation which included disabled people playing an active role. The first person with an intellectual disability ever to speak at the United Nations was New Zealander Robert Martin, and the last few meetings were chaired by New Zealand Ambassador Don McKay, whose skill was largely responsible for the speedy and generally satisfactory conclusion of the negotiations.

It is also the first time national human rights institutions such as the New Zealand Human Rights Commission have had a defined place in the negotiations; they will also play a role in monitoring the implementation of the Convention.

I am almost the same age as the Universal Declaration of Human Rights, adopted by the United Nations on December 10, 1948.
And I hope I have aged as well. As a child of the sixties I still have some idealism left. As a regular visitor to the United Nations I have felt privileged to be part of what is still, with all its faults, an aspirational institution.

Despite the internal shabbiness of the outwardly stunning building on the banks of the East River in New York it is still a wonderful place, full of great artworks. My favourites are the restful Chagall stained glass window in vibrant blues and the sculpture of a gun with the barrel tied in a knot.

I do feel sorry for the poor elephant though. A gift from the people of Burma he is an anatomically correct sculpture. His arrival caused consternation among national delegates of a more sensitive disposition. Consequently he stands forlorn in a remote and unvisited corner of the gardens among trees, with his nether regions tactfully shielded by foliage.

Information about the International day can be found at
http://www.un.org/esa/socdev/enable/iddp2006.htm
and the latest draft text of the Convention is at
http://www.un.org/esa/socdev/enable/drafting.htm

For the Human Rights Commission: www.hrc.co.nz

109

The Hollow Men: Initial Impressions

by Danyl Mclauchlan

There have been two criticisms made of Nicky Hager's book 'The Hollow Men'. The first is that the book is a conspiracy theory of falsehoods and lies, the second is that if a book of Helen Clark's emails were released it would prove similarly salacious.

The two theories seem to contradict each other -- so it's telling that they are being made by the same people at the same time who have not, as is often the way of these things, actually read the book.

Is it all a deranged conspiracy theory as the National Party claim? If so, it is a remarkably well-documented one. At least half of the text consists of quotations from primary sources: the famous leaked/stolen emails, personal diaries, strategy documents, minutes from meetings, campaign notes, internal polling results, and sundry other highly- confidential sources -- as well as news articles and opinion pieces mostly related to the 2005 General Election.

Mr Hager claims that the book was based on information provided by six 'principled conservatives' within the National Party, and most of this information seems to have taken the form of written or electronic documentation. Hardly any of the books allegations come from interviews with anonymous sources. The words "Confidential Source" appear less than a dozen times in the extensive footnotes.

So would a book of emails between Helen Clark, Heather Simpson and Mike Munroe be just as damning? I doubt it, but not because I imagine Clark and her apparatchiks are any more virtuous than Dr Brash and his advisors, but because the Prime Minister and her team have been running campaigns for a very long time -- since well before the advent of email -- and Clark's friends, colleagues and casual acquaintances would not feel the need to deluge her with well-meaning advice.

Dr Brash was an novice politician who had never won an election and did not know how to run a national political campaign. In 2005 he received a comprehensive education on how to do so, much of it in the form of emails from advisors. It is this material -- the nuts and bolts of modern electioneering as explained by some of the world's acknowledged experts -- that elevates 'The Hollow Men' above the level of simple attack-journalism and transforms it into a truly fascinating account of modern politics.

If the education of Dr Brash is one theme of the book, his corruption must surely the other. Brash has a reputation as an 'honest gentleman' of New Zealand politics, or at least he did until last week. Mr Hager's book reveals him to be one of the most dishonest politicians in our political history. It's clear that he lied about his involvement with the Exclusive Brethren, lied about his links with the far right in America, and lied about National's use of controversial Australian political strategists Crosby/Textor.

It is the Exclusive Brethren revelations detailed in the first chapter of the book that doubtlessly provoked Dr Brash s resignation a few days after the book's publication became known. The 'smoking gun' e-mail proving extensive and ongoing collaboration between the Brethren and National has made it impossible for Brash to continue as leader, and his anointed successor John Key has been forced to hide behind the Clintonesque excuse that he "received the email but did not read it". Dr Brash, who forwarded the email to chief of staff Richard Long, did not have that luxury.

Mr Hager also alleges that Dr Brash's entire campaign was based on a falsehood, and that Brash had a secret right-wing agenda once he took office. Hager's allegation is supported by the close friendships, advice, support and funding he received from other members of New Zealand's far-right fraternity, including Roger Douglas, Ruth Richardson, Roger Kerr and Diane Foreman. Controversial American neo-conservative Dick Allen gave Dr Brash the following advice on defending his radical ideology:

Never mind if you are called extremist or anything else... that is so easily countered with the simple statement [that] these views represent the mainstream of New Zealand values and thinking.

It was these extremist views that suddenly saw National's campaign coffers bulge once Dr Brash became leader. The ACT party had previously been the darling of New Zealand's super-rich far right, but despite running the most expensive campaigns out of all of our parties, it had never been able to make its policies appeal to more than a tiny minority of New Zealanders.

Neither, it quickly transpired, could National. While the far right were paying the bills, polling companies and market research quickly determined that a party that ran on a platform of free-market economic reform could never hope to succeed in the election.

Playing the race card may help us win -- then come Monday how do we run the country?
- Jim Bolger, 1990.

The decision was made to find issues that would appeal to broad sections of New Zealand without costing National its wealthy patrons. This was the motivation behind the famous Orewa speech and 'Iwi/Kiwi' billboards. Much of National's campaign seems to have been based on issues that the leaders and advisors within the party were not particularly interested in (tax cuts being an obvious exception) or were actually opposed to. Brash expresses his disgust at the tactics of racial division employed by Winston Peters. A few months later he is using exactly the same language. His senior advisor Peter Keenan confided in an email to Bryan Sinclair that he "hated the race based privilege line" and thought it "ludicrous when Maori are largely at the bottom of the heap". They had no illusions about the fundamentally racist character of their policies, and candidly referred to the voters they won from New Zealand First as "red necks" (Keenan also refers to the rank and file of National Party supporters as "barking mad".)

'The Hollow Men' contains much more that is of interest to politics junkies -- National's doomed attempt to woo women voters (it's hard not to laugh when Brash muses to his advisors that his wife Je Lan was "surprisingly uneasy" about their plan to lower the age of criminal responsibility to twelve, less amusing to consider how close these people came to running the country), the assorted scandals regarding the legality of their election funding, the political infighting within the party.

There's an e-mail from Bill English bagging Murray McCully, Judith Collins, and Katherine Rich, which then goes on to explain to Brash -- in the nicest possible way -- that his leadership style is a disaster. Much of what English has to say has the ring of truth to it, and if the advice came from anyone else Brash may have taken it. It's hard to say what could have motivated English to send such a message (sheer frustration is my guess).

It's been claimed -- although Hager denies it -- that Bill English was a source of the leaked documents. And if not Mr English, then perhaps a chummy former MP like Roger Sowry or Lynda Scott, bitter about the way they were treated by Dr Brash?

I think this is unlikely. I also doubt that the "six principled conservatives" -- who Mr Hager claims collaborated with him -- have or had any seniority in the party. If senior Nats wanted to leak documents, they would do so to one of the gallery journalists with whom they work with every day and develop close relationships. Mr Hager is an enemy of National and its ideology. His book is a disaster for the party.

It's also been claimed that Mr Hager collaborated with the Labour Party to produce his book, and that they had advance knowledge of its contents. I think this is unlikely. Labour would not have been inclined to do Nicky Hager any favours after his 'Corngate' ambush of Helen Clark at the height of the 2002 election, nor would they have had any access to the documents that 'The Hollow Men' draws upon.

Mr Hager's own political convictions and his feelings towards Brash and his far right agenda are clearly spelt out in the central chapter which shares the book's title. Hager feels that the Brash-led National Party abandoned its "principled conservative values" and exchanged them for the soulless market-driven dogmas of the far right. There is doubtless some truth to this, but I doubt the impeccably left-wing Nicky Hager ever had much sympathy for the social conservatism of the National party of old -- a National Party that was also totally unelectable under leader Bill English.

Otherwise, Hager is very clear about his own distaste for National's tactics and lack of ethics, and this clarity extends to the rest of the book. It is written in a very accessible style and touches on a diverse range of subjects -- US and Australian politics, marketing, economics, domestic political history -- without ever getting bogged down in detail. Each chapter deals with a different subject: race, welfare, marketing, funding, etc., and addresses its topic in chronological narrative, mostly quoting from Hager's vast hoard of confidential documents.

As I said previously I'm uncertain that a book based on Clark's e-mails would be as sensational as 'The Hollow Men' -- at least not in the same way, but I'd still love to read it. 'The Hollow Men' is about what people will say and do to obtain power. The Clark book would be a study of what people do once they have that power. I doubt the secret thoughts and deeds of the Labour government are much more edifying than that of the National Party, but they could scarcely be worse. It's unlikely that a book about Clark's emails will ever be written, and in its absence the 'The Hollow Men' is as good as it gets.