Category Archives: USA

France Germany law technology USA

Freedom of panorama in Europe

2015-10-29 – 17:18

It’s no secret that I think European laws are a joke. Imagine the technologically illiterate politicians that we have in the US, but now imagine that they were actually effective at passing all the stupid laws they want.

There are many examples:

  • Their use of photo enforcement is unfettered by the rules of trigonometry.
  • If a website has cookies, it must display an annoying pop-up warning.
  • They required Microsoft to implement the browser ballot, a feature that was broken for 1.5 years before anybody noticed.
  • They required Microsoft to release an alternate version of Windows XP without Windows Media Player, a ruling that was so out of touch with the interests of the people that only 1500 copies were sold.
  • If you don’t like what somebody is saying about you on the internet, you have a “right to be forgotten” by Google.

Really any time the European Union or the individual European states pass a new law or make a ruling, it’s sure to be comical.

But today I want to write about “freedom of panorama.” This is actually an exception to copyright law, in that the person who designed a building has a copyright on its appearance. In the US, we have a scheme that considers most things that are outdoors and visible to the naked eye to be for public consumption and sharing. With minor exceptions (artwork, for example), one can take photos in public and use them as desired. There is a line, in that we cannot use a telescope to look in windows, for example. In my understanding, this scheme would not be considered true freedom of panorama due to the artwork exceptions. There are pros and cons, but a big positive aspect is that this is generally compatible with the realities of rapidly-advancing technology for taking and sharing photographs.

Now let’s look at Europe. Here, the right to share photographs varies by country. Germany is considered to have freedom of panorama, so outdoor public spaces can generally be photographed and shared as long as the photographer is standing on the ground. There are restrictions on sharing photographs of people. Also they have been drawing a strange distinction for large-scale mapping, and this is why Google Street view has a handful of blurred out houses in Germany. I don’t know the legal theory behind this, and it seems to be related to data privacy, but residents in Germany can opt-out of being pictured on Street View. It’s my understanding that one resident can even opt his entire apartment building out. Also, importantly, freedom of panorama does not apply inside buildings, such as museums.

In France, there is no freedom of panorama. People who own copyrights on buildings or outdoor art exhibits enjoy copyright protection even from small time photographers. A famous example of this involves the Eiffel Tower. In my understanding, the structure’s copyright has already expired, but the lights on it at night are considered an art installation and thus receive copyright protection of their own. Therefore, sharing photos of the Eiffel Tower lit up at night is copyright infringement if prior permission is not received from the organization that runs the tower.

My problem with all of this is practicality. These copyrights are being infringed all the time and it’s only going to get worse. The fact that freedom of panorama isn’t the rule everywhere shows a huge disconnect with reality. I complain all the time about the prevalence of cameras in public, but I’m not crazy. Tourists are not going to navigate a minefield of legal nuance when taking photos. So you’re either going to have broad copyright protection of outdoor sights and no compliance or very limited copyright protection of outdoor sights and high compliance.

Because European lawmakers are clueless, there have been recent attempts to eliminate freedom of panorama exemptions all across the EU. I understand that the EU is hot to increase consistency across borders, which may often be beneficial, but this is the wrong direction to go. For better or worse, the government is supposed to work for the people. The position of the people is clear.

Permalink | Comment (0)
France Germany technology USA

Cellular plans while traveling

2015-07-01 – 19:39

When traveling in 2015, some of the biggest concerns often relate to cellular and data connectivity. I don’t have all of the answers here, but I do have some tips for a few given countries.

United States

When we travel to the US, we often have a lot of activities planned. In my case, in particular, I visit a lot of people in a lot of places. Having a reasonably-priced SIM with voice and data is thus very important to coordinate everything. I’ve tried a few and the winner for me is T-Mobile. For my length of trip, it tends to be the best deal among the major providers. There are, of course, small regional companies that lease airwaves from the big ones, but because my first stop in the US is not always in the same region, it has been too inconvenient to learn the best in each place. When I arrive, one of my first stops is always the local T-Mobile shop. Last time I went back, I was even able to save money because my old SIM had not yet expired (which happens after 3 months) so I just needed to top it up. Normally I get a plan in which I am forced to load the card with some amount of money and then a few dollars are deducted every day that my phone is turned on. I have to warn you: it’s not that cheap. I think there are cheaper packages if you order online, though I’ve never gone this route.

As an American, I have a Google Voice account. After buying a SIM, I immediately get on the internet and link my Google Voice number to whatever cellular number I have. Often, my first stop is Connecticut, so I have a SIM from that area code, but my friends around the country can call me using the same number I’ve had for years.

In the US, it is probably feasible to do without a data plan, as free wifi is fairly easy to find in most areas. The local coffee shops are hit or miss, but it is getting more prevalent. As much as I hate to do it, I often go to one of the chains, including Starbucks, Panera Bread, and Dunkin’ Donuts. They aren’t interesting (OK, well, I do like Dunkin’ Donuts quite a lot) but at least I don’t end up driving around forever.

There are some providers that I would not do business with, based on past experiences:

AT&T

The reseller gave me incorrect information on what plan I needed and then he had to charge me some additional minimum to top me up so I could get my data working. This led to me overpaying by $5 which I had no use for once I left the US. His hands were tied so I contacted AT&T customer service, which was completely unhelpful. They had my money and weren’t giving it back, regardless of the questionable legality of their bait and switch. I complained via the internet, filed a case with the Better Business Bureau, and then was contacted by Don Arteaga and Jackie W. Sutton. Nobody cared.

A reply from Tina LeBlanc: “The account that you are asking about is no longer an active account. I am not able to issue refunds for prepaid services.”

Jackie Sutton stated, “the prepaid account was cancelled and any unused account balance was forfeited upon expiration. A refund cannot be provided.”

Obviously the account was no longer active. It was a prepaid account and they waited forever to respond to my problem. It’s not my fault the account they defrauded me on happened to be a prepaid account. I hope they’re happy they got their $5, because all my business since has gone to T-Mobile. So anyways, stay away from those guys.

Family Mobile from Walmart

A salesperson at Walmart once conned me into thinking this was prepaid. She was fairly dumb, so she might have believed it too. But it’s not. I immediately returned it and, though the contract wasn’t immediately cancelled as they said it was, the company (T-Mobile) actually made it right.

Germany

In Germany I have always just gone to Saturn (big electronics store) and bought a cheap SIM card just for voice usage. This is usually about EUR 10 and trouble-free. However, I had a lot of trouble the last time I was in Germany. It led to me paying for, but not having, data for the entire trip. The card was branded Fonic but it actually was from a company named Callmobile. I guess they are basically reselling O2 service at a lower cost. This particular trip I decided I also needed data. For whatever reason, the activation never worked properly and the messages I was getting on the phone were confusing and indicated I was not getting the package I chose on the website (normally you buy the card then activate it on the web). I contacted them via the webpage and they totally ignored my messages. I sent them a message each day for the entire week I was there and even now, six months later, I have never heard back. I guess they basically got my money and knew they screwed up so they weren’t going to bother with me. I contacted Fonic on Twitter but they disavowed any connection to this since it was sold by Callmobile. I told Fonic that it kind of is their problem if they let fly-by-night companies put the Fonic name on crappy products. I can’t exactly tell you how to know which card not to get (there is generally some fine print), so I’m going to just recommend not to buy any card from the Fonic brand.

If you are familiar with a town, relying on wifi might work, but the problem in Germany is that you don’t know where it is unless you are a local. Yes, it exists in many bars and coffee shops, but you just kind of learn about it as you live in a town. It’s not generally advertised. Of course Starbucks is also around. They have wifi and slightly better hours, so in extreme circumstances I’ll go there.

France

I’ve never needed a prepaid SIM card in France, given that I live here. A traveler could probably do without data and just use wifi around town, though business hours in France are quite limited. It is better than Germany though, in that the existence of wifi is usually clearly indicated with a sticker in the window. Around France, it is very easy to find restaurants, cafes, and bars that do have it.

Other considerations

If you have a proper European SIM (I’m not sure how this applies to prepaid ones), European Union law limits what a provider can charge when you cross borders within Europe. This often has the result that some aspects of the service (SMS is a common example) can actually be cheaper when traveling than they are at home.

A final note for Americans: It is important to ensure that you have an unlocked GSM phone. For example, Verizon phones are simply not compatible with the network over here (unless you have a “world phone,” with a GSM slot). A phone from AT&T or T-Mobile, on the other hand, will generally work fine so long as you have it unlocked. Doing so will require you to call your provider. Laws and policies vary from year to year and provider to provider regarding if they will unlock your phone. Another consideration is which bands the phone supports. Often providers in a given region will utilize a couple bands and these may only partially overlap with those in use by your provider at home. This means that connectivity could be limited. If none of this works for you (wrong provider, wrong bands, etc.), you can also just buy a cheap flip phone for use only while traveling. For my first six months living in Germany, I was using a phone I bought from Saturn for maybe EUR 15. It was the cheapest they had and it actually was quite indestructible. After I replaced it with a Galaxy Nexus, it made a suitable phone for visitors.

Permalink | Comment (0)
France Germany law USA

Freedom of speech around the world

2015-03-07 – 00:20

There is often talk, particularly among Americans, about freedoms and who has more of them. I have lived in the US, France, and Germany, and have traveled extensively elsewhere, so I want to make some comments based on my understanding of the different tradeoffs in these places. I may write additional posts, but first I want to cover freedom of speech.

United States

Americans like to talk about freedom, but in reality they have given up more than a lot of countries. Americans give up freedoms mostly in direct exchange for the feeling of security. Note that this doesn’t often translate into actual security, as many of the programs that suck up American freedoms cannot demonstrate any positive outcomes. However, freedom of speech is a glaring exception.

There are many in the US who are fighting for censorship, with arguments that hate speech isn’t covered by the first amendment (it is) and uninformed references to the “fire in a crowded theater” quote. Their efforts have been slightly successful, as we are seeing some actions being taken against people for what should be protected speech. For example, public universities have been really going down a bad path lately. Ultimately these people are OK with limits on speech, as long as they get to define the limits.

Additionally, police action is often not on the side of free speech. There have been many examples of military-style crowd control to intimidate protesters. There are also plenty of examples of police beating people up and arresting them for verbal insults.

That said, the courts often come down on the correct side (in my view) of this issue, finding that the government cannot place limits on objectionable content. In the US, speech is instead supposed to be regulated by society. The government cannot stop you from saying things unless they are credible threats or defamation (which must be believable, harmful, and false), but they also offer no protection against repercussions from your fellow citizens. Obviously that citizen can’t go violating other laws when giving payback, but you get the idea. Things aren’t perfect, but this is one issue on which I believe the US really shines as compared to the rest of the “free world.” It’s a shame that so many people are trying to ruin it.

Europe

I was surprised to learn that there really isn’t free speech in Europe. Every government over here seems intent on defining lines and limits on what speech is allowed. Britain is generally known to be the worst offender, with laws against all sorts of speech that might disturb the feelings of any subset of sensitive citizens. I’ll comment a little more on Germany and France, as those are the ones I have the most experience with. But note that the laws are not very accessible to non-native speakers so I don’t always know them with great precision.

Germany’s big thing, with regards to speech, is that you cannot deny the holocaust or say anything antisemitic (or other types of “hate” speech). This seems to actually be the case around Europe, and I understand their history is a bit different, but it certainly doesn’t seem to have eliminated such groups. Germany also has some, let’s say ridiculous, limits on insulting people. You quite literally cannot call names in Germany, and the truthfulness of a statement is not a defense. While I don’t condone limits on speech, I must say that Germany is a very civil society.

French speech laws are similar to those in Germany, though they seem to have less emphasis on the personal attacks (i.e. you may be less likely to be sued for calling a name). Worse than a normal personal attack is insulting an employee of the government, an activity that receives great protection in the US. One can also not legally insult the flag or anthem. Germany does have a law against desecration of the flag, but I think the French law differs in that verbal insults, for example, would be illegal too. Think about that: They allow “free” speech, but one cannot fully mount a campaign against the government (certainly not its agents), which is arguably the most important reason to have protected speech. France has also been getting in trouble lately (after the Paris attacks) because of the lines they have drawn regarding religious insults. This is the danger when you start to draw lines. Once you draw them, every special interest group wants them moved. Finally, it is also illegal to publish anything promoting the use of drugs, which can limit arguments about reforming drug policy. So, ultimately, France has left setting limits on speech in the hands of the majority, which is a very dangerous move. Instead of “je suis Charlie,” they should say “je suis hypocrite.”

Permalink | Comment (0)
Arizona food USA

USA todo list

2014-09-07 – 14:37

We recently spent several weeks in the US. I made quite a tour (Connecticut, Arizona, Nevada, and Ohio). Here are the things that I missed and made sure to have when I was there.

General

  • Root beer: It’s very hard to find it in Europe. In Paris, there are a couple international grocery stores where a 12-pack can be purchased for about 24 Euro, which is too rich for my blood. On our first night, at a diner in CT, we enjoyed root beer floats!
  • Wendy’s Spicy Chicken sandwich: We do have American fast food here in Europe, but not Wendy’s. I’ve always had a thing for the Spicy Chicken so this is always on my list when I come home.
  • BBQ: I didn’t go to any specific BBQ joints, but I did have some meals with BBQ components.
  • American breakfast: They don’t like to eat hot food for breakfast in Europe. This is a problem for me because a typical American breakfast is just about my favorite meal in the US, regardless of the time of day. All I need is eggs over easy, breakfast potatoes, and wheat toast.
  • Boating: I miss my boat. It is in storage at the moment, but some friends have another one that we took out for some wakeboarding two times while I was in Ohio.

Phoenix area

  • Chino Bandido: This might be my favorite restaurant in Arizona (though there are at least two locations). Normally I go to the Chandler location, but this time I met up with a friend at the old one in Phoenix.
  • Four Peaks Brewing Company: Or is this one my favorite? I prefer the Tempe location, and I always get the Four Peaks Cheeseburger, medium with pepperjack, and fries. For a drink I always go with the Oatmeal Stout milkshake. When I lived there it felt a bit too rich for my blood at about $6, but now that Four Peaks is a special trip, I always get one. I’ve heard good things about most of the menu, though I haven’t experimented much.
  • Cheba Hut: This place has started to spread around the US a bit, but I guess it started in Tempe. I generally go to one in Mesa and this trip was no exception.
  • XTreme Bean: This is my old coffee shop hangout around the corner from the house in Tempe. It can get a bit crowded but it’s close, conducive for working, and pretty tasty.
  • Steve’s Espresso (deprecated): I used to really like this place because they use a French press and are very conveniently located in Tempe, but this time I discovered that they got rid of the WiFi. I understand there are principled debates to be had about the desired atmosphere in coffee shops, but WiFi is generally non-negotiable for my needs.

My primary regret is that I didn’t make it to Waffle House. I could go for some grits.

Permalink | Comment (0)