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Monday, November 12, 2007

In the final of the Konami Cup 2007, Chunichi Dragons battled SK Wyverns again, many Japanese spectators hoped for Dragons to take revenge on Wyverns and win the championship. This was really a intensive match with starting pitchers George Kenneth Rayborn from SK versus Daisuke Yamai.

Even though Byung-kyu Lee hit a 2 runs HR to expand the difference by the 5-2 leading. But Jin-young Lee also hit a 2 runs HR to tie the score with 5-5 at the bottom of 8th.

The key innings took place at the 9th inning, Hirokazu Ibata (Dragons) hit a key run back to make their team lead with 6-5. Finally, the relief pitcher Hitoki Iwase successfully shut down SK’s offense and tied the score to the end to win the champion.

With the winning hit at this game, and 4 hits with 7 RBIs in the Konami Cup Asia Series 2007, Hirokazu Ibata was finally chosen to be the MVP.

After this game, Chunichi Dragons coach Hiromitsu Ochiai remarked: “Even though we ever lose to SK Wyverns, but participants in this year proved their actual strength more than last year. In this game, after we led with 6-5, Hitoki Iwase told me he want to pitch at the bottom of 9th inning, then I accepted, he promised his wish and finally helped us win the champion. I’ll not forget the contributions by Ibata and Iwase.”

Wednesday, August 11, 2021

The local government areas of Ballina Shire, Byron Shire, the City of Lismore, and Richmond Valley in New South Wales, Australia were placed under stay-at-home restrictions effective at 6PM local time on Sunday, with residents only allowed to leave their homes for essential reasons that include grocery and other essential shopping, medical appointments, vaccinations, and caring duties. The order is to remain effective until 12:01AM on August 17th.

This follows the announcement of a COVID-19 case in the region – a man who had travelled to the Byron Shire from Sydney, also under such restrictions. New South Wales chief health officer Kerry Chant said the man, currently under treatment at Lismore Base Hospital, was “infectious in the community for a while”, and had “symptoms for several days”.

Mayor of Byron Shire Michael Lyon told residents “if anyone is not feeling well please, please go and get tested”, stating while information about the COVID-19 case is emerging, “…people should be making sure they are checking in with QR codes whenever they go into a shop or business, wearing a face mask and social distancing.” New South Wales recorded 283 cases of the coronavirus on Monday.

Tuesday, June 20, 2006

MP3s for the people? The Pirate Party, a new Swedish political party first publicized in January, wants to legalize sharing music, movies, and other copyrighted content using the Internet. What may seem like a doomed effort by a small group of idealists is attracting significant media attention, in part due to a recent police raid on The Pirate Bay, an extremely popular BitTorrent tracker (see Wikinews coverage).

The Pirate Bay allows people to download content listed in its database using the BitTorrent protocol (including the latest Hollywood movies or computer games) and has gained something of an international cult status, in part for its public and irreverent responses to legal threats received from copyright lawyers of major corporations. The site was reopened days after the raid on Dutch servers (but is now back in Sweden again). Rickard Falkvinge, leader of the Pirate Party, argues that regardless of the legal outcome in the case, the web site demonstrates that copyright law in its current form is not sustainable.

Adopting the moniker of the maligned “Internet pirates”, the party argues for drastically limiting the scope and enforcement of copyright law, abolishing patent law, and protecting privacy in what it sees as a “control and surveillance society”. The party is hoping to garner enough votes in the September election to become a small but important faction in the next Swedish parliament. Rickard Falkvinge found some time in between interviews and party work to answer our questions.

There are rumours that the Swedish government was indirectly acting on behalf of the U.S. MPAA in shutting down the site. Do you feel that your government is beholden to U.S. interests?

Oh, the MPAA said so themselves in a press release, it’s more than a rumor. Check their press release “Swedish authorities sink Pirate Bay”. [Ed.: see below]

And yes, this particular fact has caused something of an uproar in Sweden. It’s widely believed that Swedish authorities were more or less ordered by a foreign power to act forcefully against an entity that was in, at worst, a legal gray area according to Swedish law.

The raid must have boosted your recognition. How many members do you currently have, and how successful has your fundraising effort been so far?

Our member count is at 6540, no, 6541, no wait, 6543… well, you get the picture. Our members register themselves on our website after paying the membership fee electronically, which helps reduce our admin load considerably.

Fundraising brought in 108,000 SEK [Ed.: approx. 14,700 USD or 11,600 EUR], enough to buy 3 million ballots, which is some kind of at-least-we’re-not-starving minimum. We’re not full, but we’re not starving, either. Following the raid on the Pirate Bay, we have received another 50K in donations. My sincere thanks to everybody who wants to help out; we are now looking into getting more ballots to make sure we don’t run out on election day. (10 million ballots was our initial full-score aim.)

Do you think you will be able to cover future expenses such as radio and television ads?

Following the raid on the Pirate Bay, and our tripling of the member roster, we don’t need advertising. We’ve been mentioned almost every news hour across all channels on national television in the last week.

Also, the established parties have now started to turn, following our success. Parties representing almost half of the elected parliament are now describing today’s copyright situation as not working. They still don’t understand why, though, they are just echoing what we say without understanding what the words mean. We’ll get around to teaching them — them and the voters alike.

This might be hard for people not following the Swedish media to grasp, but we have made a big splash. Today, our Minister of Justice was quoted as saying that he’s open to changes to copyright laws that would make file-sharing legal, with the headline “Bodström (his name) flip-flops about file sharing.” Immediately underneath were the Pirate Party’s comments to his suggestions. Let’s take that again: when a minister makes a statement about file sharing, media calls us for comments, and publishes them next to that statement. That’s how big we have become since the raid on the Pirate Bay.

The Minister of Justice later denied having made that statement to the press that reported it.

We will never be able to pay for television ads, the way I see it. Unless a very wealthy donor comes on stage. (If any such person is reading this, we have planned how to spend up to $375,000 in a cost-efficient way up until the elections, on the chance that donations appear. That spending does still not include any TV ads.)

Are you aware of similar initiatives in other countries?

Some are trying, but none have achieved the necessary momentum and critical mass that we have. We expect that momentum to happen once we get into Swedish Parliament and show that it can be done.

[Ed.: A United States variant of the party was recently launched. See also: Intellectual property activism category on Wikipedia]

The name “Pirate Party” seems to identify the party with what is currently defined as a crime: piracy of software, movies, music, and so on. Will a name like “Pirate Party” not antagonize voters, given that the label is so negatively used? How about potential allies abroad who argue for a more balanced copyright regime, such as the Electronic Frontier Foundation or Creative Commons?

Oh, it is a crime. That’s the heart of the problem! The very problem is that something that 20% of the voters are doing is illegal by punishment of jail time. That’s what we want to change. Where the established parties are saying that the voters are broken, we are saying it’s the law that is broken.

Besides, it’s a way of reclaiming a word. The media conglomerates have been pointing at us and calling us pirates, trying to make us somehow feel shame. It doesn’t work. We wear clothes saying “PIRATE” in bright colors out on the streets. Yes, we are pirates, and we’re proud of it, too.

Also, the term is not that negative at all in Sweden, much thanks to the awesome footwork of the Pirate Bureau (Piratbyrån), who have been working since 2003 to educate the public.

If you are elected, and have the opportunity to become part of the next government of Sweden, do you intend to focus only on the issues in your platform (IP law and privacy)?

Our current plan is to support the government from the parliament, but not be part of it. If we’re part of it, that means we get a vested interest to not overthrow it, which puts us in a weaker position if they start going against our interests.

Overall, our strategy is to achieve the balance of power, where both the left and right blocks need our votes to achieve a majority, and then support the issues of whichever government that agrees to drive our issues the strongest. Basically, we sell our votes on other issues to the highest bidder in exchange for them driving ours.

Have you already made any contacts in Swedish politics?

Contacts… I’m not sure what you mean. Several of us have been shaking hands with some of the established politicians, particularly in the youth leagues, if that’s what you mean.

I was thinking along the lines of exploring possible modes of cooperation with established political parties — are you already taken seriously?

We are taken seriously by most of the youth leagues and by at least one of the represented parties. In particular, which is what counts, we are now taken seriously by national media. However, we can’t tie contacts that explore modes of cooperation quite yet — since our strategy depends on holding the balance of power, we need to not express a preference for whom we’d like to cooperate with, or we’d put ourselves in a weaker bargaining position.

What is your position on moral rights, as recognized by European Union copyright laws: the right of attribution, the right to have a work published anonymously or pseudonymously, and the right to the integrity of the work. Do you think these rights should be preserved?

We safeguard the right to attribution very strongly. After all, what we are fighting for is the intent of copyright as it is described in the US constitution: the promotion of culture. Many artists are using recognition as their primary driving force to create culture.

Publishing anonymously or pseudonymously happens every day on the Internet, so no big deal there either.

The right to integrity, however, is an interesting issue. We state that we are for free sampling, meaning you can take a sound that I made for my tune and use it in your own tunes, or for that matter, a whole phrase. That’s partially in line with today’s copyright law on derivative works; as long as you add your own creative touch to a work, you get your own protection for the derivation. We want to strengthen that right.

You might want to consider the alternative. In the 50s and 60s, a lot of rock and roll bands started doing covers of old classical music. This would almost certainly have been considered to violate the integrity of the original artist — and was considered to do so by many — but in the eyes of many others, it was instead great new culture of a previously unseen form and shape.

So I don’t have a definite answer on the integrity issue. While I am leaning towards the promotion of new culture taking precedence over a limitation right, there may be unconsidered cases.

Do you feel that trademark law is adequate as it is?

Yes. We have not seen any hidden costs to trademarks that outweigh the benefits of reducing transaction costs on a market where seller and buyer are not personally acquainted.

How do you intend to deal with EU treaties which define certain legal frameworks for the protection of intellectual works?

What can they do? Fine us? Send us an angry letter?

Come on, countries need to think more like corporations. If the fine is less than the cost to society, which it is in this case, then the right thing to do is to accept the fine with a polite “thank you”.

Actually, national media just called me about this very question; the Department of Justice has stated that we can’t allow file sharing, as it would break international treaties. My response was that it is more important to not have 1.2 million Swedes criminalized, than it is to avoid paying a penalty fee.

Do you think that weaker intellectual property laws would lessen the amount of products released in Sweden by foreign companies, such as Hollywood studios?

As long as they believe that they will have a revenue here that exceeds the cost of operations, they will keep coming here. Anything else would be wrong from a corporate standpoint.

Besides, you need to remember what we are doing is to change the map according to what reality looks like. We do not want to change people’s behavior. We want to change the law so it reflects what the world actually looks like.

So, as they apparently make a profit today, I expect that to continue.

Do you feel that the music industry in its current form will still be needed in a world where non-commercial copying is permitted?

It’s not so much if they are needed where non-commercial copying is permitted, rather if they are needed when they’re not necessary any more to be the middle man between consumer and artist.

The music industry will lose its current chokepoint, because they don’t add any value to the end product any longer. They will probably survive as a service bureau for artists, but they will not be able to control distribution.

It’s actually quite simple: if they get their act together and provide a service that people want to buy, they will remain. If not, they will vanish. Today, they have legislated that people must buy their service regardless of whether it adds value or not, and that’s not gonna hold in the long term.

Why fight against intellectual property laws, instead of focusing your energy on creating freely licensed content, such as Creative Commons films or open source software?

I want to raise the issue a level, to show that it’s not about payment models or what level of control the copyright holder chooses to exert over his or her work.

Let me put it this way: we have achieved the technical possibility of sending copyrighted works in digital, private communications. I can send a piece of music in e-mail to you, I can drop a video clip in a chat room. That technology is not going away, leaving us with two choices.

So — if copyright is to be enforced — if you are to tax, prohibit, fee, fine, or otherwise hinder the transmission of copyrighted works in private communications, the only way to achieve that is to have all private communications constantly monitored. It’s really that large.

Also, this is partly nothing new. We’ve been able to do this since the advent of the Xerox copier — you could photocopy a poem or a painting and put it in a letter in the mail. Again, the only way to discover or stop that would have been for the authorities to open all letters and check their content.

So we’re at a crossroads here. Either we, as a society, decide that copyright is the greater value to society, and take active steps to give up private communications as a concept. Either that, or we decide that the ability to communicate in private, without constant monitoring by authorities, has the greater value — in which case copyright will have to give way.

My choice is clear.

The Pirate Bay was shut down and re-opened days later on a Dutch server. According to a Swedish newspaper report, traffic has doubled since then. How long do you think the cat and mouse game will continue?

Until one of two things happen: The authorities realize they can’t enforce laws that require monitoring all private communications, especially given the large international level of grassroots support, or [they] actually start monitoring all private communications.

Saturday, January 29, 2005With just days to go before Sunday’s historic poll to choose a new government in Iraq, UN Secretary General Kofi Annan has invited the people of Iraq to exercise their democratic rights.

The poll, the first free elections in a generation, faces disruption from insurgents who are totally opposed to democracy. Annan warned them not to interfere and promised continuing help from the UN for the country in the future.

Annan made his appeal in a pre-recorded message, broadcast on TV inside Iraq. “Elections are the best way to determine any country’s future; please exercise your democratic rights on Sunday,” he said. “Whatever your feelings about how the country reached this point, this election offers an opportunity to move away from violence and uncertainty toward peace and representative government.”

The UN has been providing advice and technical help to the Independent Electoral Commission of Iraq (IECI), as well as $100m funding for the poll and co-ordination of international assistance. A team of 40 experts has overseen the delivery of three million tonnes of election materials and helped the IECI and Iraqi officials prepare and maintain the voters register.

Wednesday, March 25, 2009

The Honourable Gail Shea, Minister of Fisheries and Oceans, opened the Canadian seal hunt amid protests by animal rights groups, at a time when bans on seal product imports are becoming more prevalent internationally.

Seal hunters along the coast of Newfoundland and Labrador, and the Gulf of St. Lawrence are allowed to catch a maximum of 270,000 Harp Seal pups from a total estimated population of 5.5 million. 8,200 is the allowable catch of Hooded seals from an estimated population of 600,000, and seal hunters may catch 50,000 grey seals from an approximate population of 300,000.

The Harp seal pups may be killed as soon as they have molted their white pelts, which occurs 10 to 21 days after birth.

It is reported that Russia has shut down the seal hunt on its shores. The United States, Netherlands, and Belgium ban the import of seal products. The European Parliament committee has endorsed a ban on seal product imports by the 27 European Union (EU) member states, in the form of a proposed bill that would still allow the Canadian Inuit to trade in seal products for first nation cultural purposes. All members of the EU must approve the bill for it to become law.

“While we are extremely disappointed that the European Parliament has called for a ban of the trade of seal products, our position remains that any ban on a humanely conducted hunt, such as Canada’s, is completely without merit. We will continue to explore all legal and diplomatic options and we will exercise our rights to their fullest extent under international trade laws if and when it becomes necessary and appropriate.”

“Sealing is a significant source of income in many small, isolated coastal communities throughout Atlantic Canada, Quebec and the North, and creates critical employment opportunities for processing plants, as well as fuel, food and equipment suppliers in coastal communities,” said Minister Shea.

“Our government will continue to defend the rights of Canadian sealers to provide a livelihood for their families through our humane, responsible and sustainable hunt,” she said. “It represents as much as 35 per cent of a sealer’s annual income and is important for thousands of families at a time of year when other fishing options are limited at best.”

The first area to open up to the seal hunt was the Gulf of St. Lawrence, where 30 percent of the catch is allowed.

Sixteen observer permits have been issued. “The majority of the observers are people who protest against the seal hunt, but there are journalists and other observers as well. We try to make sure there’s an even proportion of sealing activity and observer activity,” Mr. Jenkins, Department of Fisheries and Oceans spokesman said. The International Fund for Animal Welfare (IFAW) is going to observe and record the commercial seal hunt.

“It’s devastating to be here, to know the commercial seal hunt has started again. It’s clear that a change is on the horizon with the European Parliament voting on a proposal to ban seal-product trade in the EU and many people in the Canadian sealing industry believe that could spell the beginning of the end of the commercial seal hunt,” commented Rebecca Aldworth, director of the Canadian chapter of Humane Society International.

Monday, June 30, 2008

Vastly different from the YODEX, mainly focused on students’ designs, the 2008 2nd Taiwan Designers’ Week, a collective show organized by Taiwan Designers’ Web for industrial designs and individual design studios, took place at the Xinyi Public Assembly Hall, formally known as “Si-Si Nan Cun (in Chinese: ????)” and entitled the theme of “Design & Beyond”.

This professional exhibition featured topical designs including “Play with the Eating Culture”, “Wall”, “The Story of Paper-Cutting”, “Basket”, “Between On and Off”, “50 Pleasures in the Study – Dian Shin Refreshment 2008”, “Reincarnation”, and “NoName Design”, at Xinyi Public Assembly Hall; “City Yeast 2008?Balcony Project” at Xue Xue Institute from June 26th to July 8th; “Having A Perfect Life Is Easy” at Taipei Artist Village from June 27th to July 7th. In addition, The XRANGE Studio also created a giant floating cloud at Central Square of Xinyi Public Assembly Hall.

Innovative designs in this exhibition showcased different topical elements on environment, modern lifestyle, current incident, and subculture. Those reflect the achievements by professional designers in Taiwan as Taiwan’s designs were affirmed in several international design competitions including G-mark, Red Dot, and iF.

After this exhibition, Taiwan Design Center, the show co-organizer, scheduled several upcoming competitions and shows from this August to October including “Taiwan Design Expo”, “Taiwan Design Award”, “Taiwan International Design Competition”, and “Creative Taiwan”.

Thursday, March 6, 2008

During a media event held at its Cupertino headquarters, Apple released the long awaited iPhones Software Development Kit (SDK) and the associated iTunes “App Store” and iPhone Developer Program. The SDK will allow third party software developers to create applications for the iPhone and then distribute them on the iTunes Apps Stores. Any members of the iPhone Developer Program can add applications to the store for free; the program costs $99 (USD) to join. Developers will be able to set the price of the applications or release them for free. All applications will have to be approved by Apple before being allowed on the store. Some of the disallowed categories are”porn”, excessive bandwidth users and anything malicious or illegal. VoIP applications would be allowed over Wi-Fi only. Enterprises can setup private pages on the store to distribute internal applications.

At the event several third party developers that had been given early access to the SDK demonstrated their applications. Among the applications demonstrated were EA‘s Spore, AOL‘s AIM instant messenger and a client for epocrates, a drug reference service.

The company also announced the iPhone 2.0 update that was released as a closed beta for developers and is scheduled for public release in June. In the new version Apple has been focusing on enterprise features in an attempt to compete with rivals like RIM‘s BlackBerry and Microsoft’s Windows Mobile. The update adds support for ActiveSync, which Apple has licensed from rival Microsoft, WPA2 and virtual private network support. The update will also be available to iPod Touch users for what Steve Jobs described as “a nominal charge”, as Apple have done in the past with the previous iPod Touch and MacBook Wi-Fi updates.

Wednesday, August 27, 2008

Operation NANOOK 2008 was held from August 11 to August 25 by the Canadian Forces for the purpose of conducting mock emergency rescue operations for potential maritime disasters in the northeastern Canadian Arctic waters.

Two Canadian navy ships and two airforce planes, a CC-138 Twin Otter and a CP-140 Aurora, took part in the exercises in the Canada’s Arctic. The HMCS Toronto and the Canadian Coast Guard ship Pierre Radisson travelled along the Hudson Strait. The Operation extended to Davis Strait, and Frobisher Bay during the annual NANOOK Operation. There have been 18 such humanitarian operations since 2002. As more Arctic ice melts, the ships sail through uncharted waters. Emergency response times were tested for such potential disasters as oil spills, or rescue operations such as responding to cruise ship emergencies.

General Walter Natynczyk, Canada’s chief of Defence staff, the Honourable Peter MacKay, Defence Minister as well as Minister of the Atlantic Canada Opportunities Agency, and Steven Fletcher, Member of Parliament for Charleswood–St. James–Assiniboia and Parliamentary Secretary for Health, flew to Iqaluit, Nunavut to officially launch the exercise on August 19, 2008 and observe the process.

In addition to the military exercises, Veterans Affairs Canada held a commemorative event onboard the HMCS Toronto to honour the 55th Anniversary of the Cease Fire in Korea, the 65th Anniversary of the Battle of the Atlantic, and the start of the Last 100 days of the First World War. The inaugural ceremonies were held during Community Day activities in the capital city of Iqaluit, followed by the public panel discussion held on Saturday. The community day ceremonies were organized by participants in Operation NANOOK 2008. The public ceremonies received neither Nunavut politicians nor Inuit leaders.

Sunday, April 29, 2012

As many states across the US continue to struggle financially, many individuals, including some economists report multiple positive indicators for Texas.

The chief economist with Comerica Bank told media sources this week that most of the improvements are attributed to strong creations of jobs in both the energy and manufacturing and services sectors. More specifically, that report called the state’s recent job growth, “robust”.The state’s unemployment rate in March was more than 1% lower than the nationwide rate, according to recent data.

When asked her opinion about the state’s present economic trajectory, Chantal Woodhull, a middle school teacher in Tyler, Texas told Wikinews, “It’s getting better.” Other sources indicate slight improvements in the real estate sector.

According to a recent report, retail job growth in Houston outstretched all other states, increasing its number of workers by over 4%. Across the US, retail jobs are improving at a slow pace in many large metropolitan areas.

Thursday, June 25, 2015

Live music venues in Edinburgh, Scotland are awaiting a review later this year on the 2005 licensing policy, which places limitations on the volume of amplified music in the city. Investigating into how the policy is affecting the Edinburgh music scene, a group of Wikinews writers interviewed venue owners, academics, the City of Edinburgh Council, and local band The Mean Reds to get different perspectives on the issue.

Since the clause was introduced by the government of the city of Edinburgh, licensed venues have been prohibited from allowing music to be amplified to the extent it is audible to nearby residential properties. This has affected the live music scene, with several venues discontinuing regular events such as open mic nights, and hosting bands and artists.

Currently, the licensing policy allows licensing standards officers to order a venue to cease live music on any particular night, based on a single noise complaint from the public. The volume is not electronically measured to determine if it breaches a decibel volume level. Over roughly the past year there have been 56 separate noise complaints made against 18 venues throughout the city.

A petition to amend the clause has garnered over 3,000 signatures, including the support of bar owners, musicians, and members of the general public.

On November 17, 2014, the government’s Culture and Sport Committee hosted an open forum meeting at Usher Hall. Musicians, venue owners and industry professionals were encouraged to provide their thoughts on how the council could improve live music in the city. Ways to promote live music as a key cultural aspect of Edinburgh were discussed and it was suggested that it could be beneficial to try and replicate the management system of live music of other global cities renowned for their live music scenes. However, the suggestion which prevailed above all others was simply to review the existing licensing policy.

Councillor (Cllr) Norma Austin-Hart, Vice Convenor of the Culture and Sport Committee, is responsible for the working group Music is Audible. The group is comprised of local music professionals, and councillors and officials from Edinburgh Council. A document circulated to the Music is Audible group stated the council aims “to achieve a balance between protecting residents and supporting venues”.

Following standard procedure, when a complaint is made, a Licensing Standards Officer (LSO) is dispatched to investigate the venue and evaluate the level of noise. If deemed to be too loud, the LSO asks the venue to lower the noise level. According to a document provided by the City of Edinburgh Council, “not one single business has lost its license or been closed down because of a breach to the noise condition in Edinburgh.”

In the Scotland Licensing Policy (2005), Clause 6.2 states, “where the operating plan indicates that music is to be played in a premises, the board will consider the imposition of a condition requiring amplified music from those premises to be inaudible in residential property.” According to Cllr Austin-Hart, the high volume of tenement housing in the city centre makes it difficult for music to be inaudible.

During the Edinburgh Festival Fringe during the summer, venues are given temporary licences that allow them to operate for the duration of the festival and under the condition that “all amplified music and vocals are controlled to the satisfaction of the Director of Services for Communities”, as stated in a document from the council. During the festival, there is an 11 p.m. noise restriction on amplified music, and noise may be measured by Environmental Health staff using sophisticated equipment. Noise is restricted to 65dB(A) from the facades of residential properties; however, complaints from residents still occur. In the document from the council, they note these conditions and limitations for temporary venues would not necessarily be appropriate for permanent licensed premises.

In a phone interview, Cllr Austin-Hart expressed her concern about the unsettlement in Edinburgh regarding live music. She referenced the closure of the well-known Picture House, a venue that has provided entertainment for over half a century, and the community’s opposition to commercial public bar chain Wetherspoon buying the venue. “[It] is a well-known pub that does not play any form of music”, Cllr Austin-Hart said. “[T]hey feel as if it is another blow to Edinburgh’s live music”. “[We] cannot stop Wetherspoon’s from buying this venue; we have no control over this.”

The venue has operated under different names, including the Caley Palais which hosted bands such as Queen and AC/DC. The Picture House opened in 2008.

One of the venues which has been significantly affected by the licensing laws is the Phoenix Bar, on Broughton Street. The bar’s owner, Sam Roberts, was induced to cease live music gigs in March, following a number of noise complaints against the venue. As a result, Ms Roberts was inspired to start the aforementioned petition to have Clause 6.2 of the licensing policy reviewed, in an effort to remove the ‘inaudibility’ statement that is affecting venues and the music scene.

“I think we not only encourage it, but actively support the Edinburgh music scene,” Ms Roberts says of the Phoenix Bar and other venues, “the problem is that it is a dying scene.”

When Ms Roberts purchased the venue in 2013, she continued the existing 30-year legacy established by the previous owners of hosting live acts. Representative of Edinburgh’s colourful music scene, a diverse range of genres have been hosted at the venue. Ms Roberts described the atmosphere when live music acts perform at her venue as “electric”. “The whole community comes together singing, dancing and having a party. Letting their hair down and forgetting their troubles. People go home happy after a brilliant night out. All the staff usually join in; the pub comes alive”. However licensing restrictions have seen a majority of the acts shut down due to noise complaints. “We have put on jazz, blues, rock, rockabilly, folk, celtic and pop live acts and have had to close everything down.” “Residents in Edinburgh unfortunately know that the Council policy gives them all the rights in the world, and the pubs and clubs none”, Ms Roberts clarified.

Discussing how inaudibility has affected venues and musicians alike, Ms Roberts stated many pubs have lost profit through the absence of gigs, and trying to soundproof their venue. “It has put many musicians out of work and it has had an enormous effect on earnings in the pub. […] Many clubs and bars have been forced to invest in thousands of pounds worth of soundproofing equipment which has nearly bankrupted them, only to find that even the tiniest bit of noise can still force a closure. It is a ridiculously one-sided situation.” Ms Roberts feels inaudibility is an unfair clause for venues. “I think it very clearly favours residents in Edinburgh and not business. […] Nothing is being done to support local business, and closing down all the live music venues in Edinburgh has hurt financially in so many ways. Not only do you lose money, you lose new faces, you lose the respect of the local musicians, and you begin to lose all hope in a ‘fair go’.”

With the petition holding a considerable number of signatures, Ms Roberts states she is still sceptical of any change occurring. “Over three thousand people have signed the petition and still the council is not moving. They have taken action on petitions with far fewer signatures.” Ms Roberts also added, “Right now I don’t think Edinburgh has much hope of positive change”.

Ms Roberts seems to have lost all hope for positive change in relation to Edinburgh’s music scene, and argues Glasgow is now the regional choice for live music and venues. “[E]veryone in the business knows they have to go to Glasgow for a decent scene. Glasgow City Council get behind their city.”

Ms Martina Cannon, member of local band The Mean Reds, said a regular ‘Open Mic Night’ she hosted at The Parlour on Duke Street has ceased after a number of complaints were made against the venue. “It was a shame because it had built up some momentum over the months it had been running”. She described financial loss to the venue from cancelling the event, as well as loss to her as organiser of the event.

Sneaky Pete’s music bar and club, owned by Nick Stewart, is described on its website as “open and busy every night”.”Many clubs could be defined as bars that host music, but we really are a music venue that serves drinks”, Mr Stewart says. He sees the live music scene as essential for maintaining nightlife in Edinburgh not only because of the economic benefit but more importantly because of the cultural significance. “Music is one of the important things in life. […] it’s emotionally and intellectually engaging, and it adds to the quality of life that people lead.”

Sneaky Pete’s has not been immune to the inaudibility clause. The business has spent about 20,000 pounds on multiple soundproofing fixes designed to quell complaints from neighboring residents. “The business suffered a great deal in between losing the option to do gigs for fear of complaints, and finishing the soundproofing. As I mentioned, we are a music business that serves drinks, not a bar that also has music, so when we lose shows, we lose a great deal of trade”, said Mr Stewart.

He believes there is a better way to go about handling complaints and fixing public nuisances. “The local mandatory condition requiring ‘amplified music and vocals’ to be ‘inaudible’ should be struck from all licenses. The requirement presupposes that nuisance is caused by music venues, when this may not reasonably be said to be the case. […] Nuisance is not defined in the Licensing Act nor is it defined in the Public Health Act (Scotland) 2008. However, The Consultation on Guidance to accompany the Statutory Nuisance Provisions of the Public Health etc (Scotland) Act 2008 states that ‘There are eight key issues to consider when evaluating whether a nuisance exists[…]'”.

The eight key factors are impact, locality, time, frequency, duration, convention, importance, and avoidability. Stewart believes it is these factors that should be taken into consideration by LSOs responding to complaints instead of the sole factor of “audibility”.He believes multiple steps should be taken before considering revocation of licenses. Firstly, LSOs should determine whether a venue is a nuisance based on the eight factors. Then, the venue should have the opportunity to comply by using methods such as changing the nature of their live performances (e.g. from hard rock to acoustic rock), changing their hours of operation, or soundproofing. If the venue still fails to comply, then a board can review their license with the goal of finding more ways to bring them into compliance as opposed to revoking their license.

Nick Stewart has discussed his proposal at length with Music is Audible and said he means to present his proposal to the City of Edinburgh Council.

Dr Adam Behr, a music academic and research associate at the University of Edinburgh who has conducted research on the cultural value of live music, says live music significantly contributes to the economic performance of cities. He said studies have shown revenue creation and the provision of employment are significant factors which come about as a result of live music. A 2014 report by UK Music showed the economic value generated by live music in the UK in 2013 was £789 million and provided the equivalent of 21,600 full time jobs.

As the music industry is international by nature, Behr says this complicates the way revenue is allocated, “For instance, if an American artist plays a venue owned by a British company at a gig which is promoted by a company that is part British owned but majority owned by, say, Live Nation (a major international entertainment company) — then the flow of revenues might not be as straightforward as it seems [at] first.”

Despite these complexities, Behr highlighted the broader advantages, “There are, of course, ancillary benefits, especially for big gigs […] Obviously other local businesses like bars, restaurants and carparks benefit from increased trade”, he added.

Behr criticised the idea of making music inaudible and called it “unrealistic”. He said it could limit what kind of music can be played at venues and could force vendors to spend a large amount of money on equipment that enables them to meet noise cancelling requirements. He also mentioned the consequences this has for grassroots music venues as more ‘established’ venues within the city would be the only ones able to afford these changes.

Alongside the inaudibility dispute has been the number of sites that have been closing for the past number of years. According to Dr Behr, this has brought attention to the issue of retaining live music venues in the city and has caused the council to re-evaluate its music strategy and overall cultural policy.

This month, Dr Behr said he is to work on a live music census for Edinburgh’s Council which aims to find out what types of music is played, where, and what exactly it brings to the city. This is in an effort to get the Edinburgh city council to see any opportunities it has with live music and the importance of grassroots venues. The census is similar to one conducted in Victoria, Australia in 2012 on the extent of live music in the state and its economic benefit.

As for the solution to the inaudibility clause, Behr says the initial step is dialogue, and this has already begun. “Having forum discussion, though, is a start — and an improvement”, he said. “There won’t be an overnight solution, but work is ongoing to try to find one that can stick in the long term.”

Beverley Whitrick, Strategic Director of Music Venue Trust, said she is unable to comment on her work with the City of Edinburgh Council or on potential changes to the inaudibility clause in the Licensing Policy. However, she says, “I have been asked to assess the situation and make recommendations in September”.

According to The Scotsman, the Council is working toward helping Edinburgh’s cultural and entertainment scene. Deputy Council Leader Sandy Howat said views of the entertainment industry needs to change and the Council will no longer consider the scene as a “sideline”.

Senior members of the Council, The Scotsman reported, aim to review the planning of the city to make culture more of a priority. Howat said, “If you’re trying to harness a living community and are creating facilities for people living, working and playing then culture should form part of that.”

The review of the inaudibility clause in the Licensing Policy is set to be reviewed near the end of 2016 but the concept of bringing it forward to this year is still under discussion.