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Friday, August 31, 2012

Malaysia celebrates 55 years Merdeka, a truly independence at retirement age?

Ugly two sides of a coin

Merdeka Day used to bring Malaysians together for one big do, but politics has changed all that

National colours, in droplets: The Malaysian flag, or Jalur Gemilang, is reflected in thousands of raindrops on a windscreen of a car during a rainy day in Kuching. It’s Aug 31 — Malaysians from all across the nation are flying the Jalur Gemilang with pride as they celebrate the 55th Merdeka Day. This photo is taken close up with a 90mm macro lense. —ZULAZHAR SHEBLEE/The Star

TODAY, Aug 31, is Merdeka Day. It’s usually an occasion celebrated with parades and speeches remembering heroes in the struggle for indedependence, marked by the singing of patriotic songs and much flag-waving.

The celebrations also generally include groups of participants in colourful traditional costumes to remind us of our rich cultural heritage and diversity.

It should be a time of reflection on what nationhood means for Malaysia and how we want our country to move forward, a time of celebrating together as Malaysians with no regard to race, religion or political affiliation.

Unfortunately, we live in such a politically-charged atmosphere, with the impending 13th general election looming over us, that even National Day has turned into an occasion for petty squabbling and the inevitable politicking.

The official theme of Janji Ditepati (Promises Fulfilled) has been met with derision by the Opposition, who claim it is an empty slogan as many Government promises have not been fulfilled.

For their part, Pakatan Rakyat leaders have said they will skip the official celebrations for their own state-level one, complete with their own theme of Senegara, Sebangsa, Sejiwa(One Country, One Nation, One Soul).

So, instead of uniting the people as befits Merdeka Day, the celebration has been split along partisan lines.

Public reaction seems to range from indifference to disdain. We’re grown weary from waiting for the polls to be called and it’s hardly surprising if people are skeptical of the endless campaigning.

Meanwhile, there’s the important matter of what Merdeka Day means for Sarawak and Sabah. On this day in 1957, it was the Federation of Malaya which gained independence from the British. Sarawak became independent on July 22 1963 and Sabah on Aug 31 1963, shortly before Malaysia came into being on Sept 16 1963.

Some quarters have raised the point that today’s celebration has no relevance to Sarawak and Sabah, and that Malaysia Day on Sept 16 should be the rightful National Day.

Coupled with this is the tricky question of whether Malaysia is 55 or 49 years old, depen-ding on whether the birth of the nation is deemed to be in 1957 or 1963.

We’re in the peculiar position whereby Malaya became independent on Aug 31 1957, but the country of Malaysia was formed on Sept 16 1963 through the merger of Malaya, Singapore (which left in 1965), Sarawak and Sabah.

For Sarawakians and Sabahans, Sept 16 is the more meaningful date because it commemorates the birth of Malaysia, a nation of which we are a part. Peninsular Malaysians need to understand this and realise why Sept 16 is important to us here.

On our part, we should accept that Aug 31 is likewise an important date for the peninsula. However, since Sept 16 is Malaysia Day, it should be given equal, if not greater prominence, than Aug 31 as a truly national celebration of our coming together as a country.

Nevertheless, as we celebrate National Day today, let us be reminded of the Proclamation of Independence read out by Tunku Abdul Rahman in 1957. It ends with the hope that the newly-independent nation “with God’s blessing shall be forever a sovereign democratic and independent state founded upon the principles of liberty and justice and ever seeking the welfare and happiness of its people and the maintenance of a just peace among all nations.”

In line with this, the Christian Federation of Malaysia’s Merdeka Day message is a timely call for Malaysians to forge ahead and invest in building a progressive and better country for all.

“In this celebratory occasion let us dream a new dream for all Malaysians. We pray to Almighty God that He will grant us a new vision of Malaysia for ourselves and all our children. We are a nation truly blessed with so much potential in our multi-ethnic, multi-cultural and multi-religious communities.

“Let us mutually share all our resources, our wealth and opportunities and be a model nation to the nations around us. We can begin to do this by loving God and our neighbours as ourselves. Let us be responsible citizens of our beloved Malaysia. Let us care for those in need like the orphans and widows. May we meet the needs of the marginalised and others left by the wayside. In concert, let us jointly prosper our neighbours first.

“As Malaysians we step forward together in unity and harmony for all Malaysians and not pay heed to the strident voices of some with their narrow interests,” it said.

It also called for justice and righteousness to be upheld and for friendship, unity and harmony to be strengthened in the country.

May this be our prayer and hope for Malaysia as we celebrate this Merdeka Day.

ET CETERA By SHARON LING

Apple's rot starts with its Samsung lawsuit win

Just like Microsoft, Apple's evolution from smart tech company to global uber-brand contains the seeds of its own destruction

The risk for Apple is that it focuses more and more on intellectual property rights – filing patents and litigating – than it does on product innovation. Photograph: Ahn Young-Joon/AP

Apple came close to destroying its business in the late 1980s by pursuing a suit against Microsoft claiming that Windows infringed the look and feel of the Mac desktop metaphor. Apple focused its hopes and business future on this lawsuit, while its market share dwindled. Rather than competing, it litigated. And lost.

Last week, it litigated against Samsung over its iPhone design and won.

The first justifiable conclusion might be that big companies get their way. The second might reasonably be that Apple doesn't change much: its business model remains aggressive self-righteousness. The third is what everybody knows: patent rules and philosophy are all screwed up.

As for the first point, Apple is not just a big company, but the biggest. And it is not just the biggest American company, but the most American company. It has entered a rarefied brand status in which it is now almost synonymous with American virtue: American as Apple. Its good design sense has become a major point of American pride, if not nationalism.

The brand is a national asset. Apple is AT&T in its pre-break-up from; it's GM, in its what's-good-for-General-Motors-is-good-for-the-country stage; it's United Fruit when it made US foreign policy; it's Microsoft when desktop computing was transforming the world.

Commercial omnipotence

This is about as close to commercial omnipotence as it gets. Its unassailability, its right to be preternaturally aggressive, is built into its share price. We believe in Apple. So let us briefly consider the chance for a Korean company defending itself against (or, perish the thought, challenging) the greatest American company of the age in the eyes of an American jury.

And then, there's the self-righteousness. Apple is one of the most aggressive intellectual property litigators of all time. Its major moves have not been about protecting precise technical innovations, but about claiming the much softer zone of look and feel.

It sues for brand rather than engineering. It has pioneered a new modern sensibility: taste is what's most valuable; identity is king. It's sued about the lower case "i"; it's sued about the word "pod"; it's sued New York City over the "big Apple"; it's sued over using the words "app store".

This fierce defensiveness might be rightly understood in a psychological sense: Apple itself is based on stolen iconography. There was first the Beatle's Apple and there was Xerox PARC's desktop design.

Apple's self-righteousness masks its guilt. (It may be sheepish, too, about being more of a marketing organization than a technology company.) What's more, it knows better than anybody that if you relax your vigilance, somebody can easily walk off with what you've done – and improve it.

And then, in the algebra of Samsung's loss and Apple's victory, there's patent hell. Or absurdity.

System of litigation

Patents are, arguably, no longer a system of protection; they are a system of litigation. Great numbers of patents are now filed, in an over-burdened system, to protect not innovations but the right to litigate over innovations. Indeed, any patent of value will ultimately be litigated.

What's more, as the system has become ever more over-taxed, as technology itself has become more complex, the ill-equipped and under-trained bureaucracy has increasingly taken to giving patents to wide-ranging abstractions.

Design concepts, behavior adjustments, and new approaches to problem solving are all patentable innovations. The system itself assumes that litigation is the check on the system. Which means, fundamentally, that the litigant with the most resources and greatest status wins.

But let us not argue the case that all this quite obviously impedes innovation and is part of a new unreal property land grab – not about technology at all, but about intellectual property: an effort to privatize much of what was once understood to be shared and public (indeed, not ownable, like the shape of the iPhone). But rather, for a moment, let's look at this as a form of hubris that has inevitable consequences.

The Apple that has won against Samsung is the same Apple that lost against Microsoft. In other words, it is the kind of company that, through sheer willfulness, discipline, and perfectionism, can achieve brand hegemony of a singular type. But it is, too, the kind of company – the exact sort of company – that becomes, perhaps inevitably becomes, the bete noire of consumerists, regulators and, of course, most of all, its competitors.

This is the story between the lines of its great victory and its further share price surge. On the one hand, there is this seemingly golden company. On the other hand, there is anybody with any sense of history knowing this is going to end badly.

American capitalism

Companies that acquire the nation's imprimatur often, if not invariably, over-reach. It is a characteristic of American capitalism: the price of getting really big and overbearing is that you incur an inverse reaction. In the early 1990s, an ambitious department of justice (a Republican administration DOJ at that) commenced its assault on Microsoft.

For better or worse, by the time the feds were finished, the company, with its rotten operating system, besieged and beleaguered, had become just one of many not-very-adept players in the space – an unimaginable outcome if you remember the once God-like power and scorched-earth wrath of Microsoft.

Apple, and its rotten phone, have a ways to go. But karma should not be underestimated as a factor in this game.

- By Michael Wolff
- guardian.co.uk

Wednesday, August 29, 2012

The US Pacific free trade deal that's anything but free?

The US's draft TPP deal may grant new patent privileges and restrict net freedom, but it's secret – unless you're a multinational CEO

Patent protection increases what patients pay for drugs in the United States by close to $270bn a year (1.8% of GDP). Photograph: Graham Turner for the Guardian

"Free trade" is a sacred mantra in Washington. If anything is labeled as being "free trade", then everyone in the Washington establishment is required to bow down and support it. Otherwise, they are excommunicated from the list of respectable people and exiled to the land of protectionist Neanderthals.

This is essential background to understanding what is going on with the Trans-Pacific Partnership Agreement (TPP), a pact that the United States is negotiating with Australia, Canada, Japan and eight other countries in the Pacific region. The agreement is packaged as a "free trade" agreement. This label will force all of the respectable types in Washington to support it.

In reality, the deal has almost nothing to do with trade: actual trade barriers between these countries are already very low. The TPP is an effort to use the holy grail of free trade to impose conditions and override domestic laws in a way that would be almost impossible if the proposed measures had to go through the normal legislative process. The expectation is that by lining up powerful corporate interests, the governments will be able to ram this new "free trade" pact through legislatures on a take-it-or-leave-it basis.

As with all these multilateral agreements, the intention is to spread its reach through time. That means that anything the original parties to the TPP accept is likely to be imposed later on other countries in the region, and quite likely, on the rest of the world.

Government secrets

At this point, it's not really possible to discuss the merits of the TPP since the governments are keeping the proposed text a secret from the public. Only the negotiators themselves and a select group of corporate partners have access to the actual document. The top executives at General Electric, Goldman Sachs, and Pfizer probably all have drafts of the relevant sections of the TPP. However, the members of the relevant congressional committees have not yet been told what is being negotiated.

A few items that have been leaked give us some insight as to the direction of this pact. One major focus is will be stronger protection for intellectual property. In the case of recorded music and movies, we might see provisions similar to those that were in the Stop Online Privacy Act (Sopa). This would make internet intermediaries like Google, Facebook and, indeed, anyone with a website into a copyright cop.

Since these measures were hugely unpopular, Sopa could probably never pass as a standalone piece of legislation. But tied into a larger pact and blessed with "free trade" holy water, the entertainment industry may be able to get what it wants.

The pharmaceutical industry is also likely to be a big gainer from this pact. It has decided that the stronger patent rules that it inserted in the 1995 WTO agreement don't go far enough. It wants stronger and longer patent protection and also increased use of "data exclusivity". This is a government-granted monopoly, often as long as 14 years, that prohibits generic competitors from entering a market based on another company's test results that show a drug to be safe and effective.

Note that stronger copyright and patent protection, along with data exclusivity, is the opposite of free trade. They involve increased government intervention in the market; they restrict competition and lead to higher prices for consumers.

In fact, the costs associated with copyright and patent protection dwarf the costs associated with the tariffs or quotas that usually concern free traders. While the latter rarely raise the price of a product by more than 20-30%, patent protection for prescription drugs can allow drugs to sell for hundreds, or even thousands, of dollars per prescription when they would sell for $5-10 as a generic in a free market.

Patent protection

Patent protection increases what patients pay for drugs in the United States by close to $270bn a year (1.8% of GDP). In addition to making drugs unaffordable to people who need them, the economic costs implied by this market distortion are enormous.

There are many other provisions in this pact that are likely to be similarly controversial. The rules it creates would override domestic laws on the environment, workplace safety, and investment. Of course, it's not really possible to talk about the details because there are no publicly available drafts.

In principle, the TPP is exactly the sort of issue that should feature prominently in the fall elections. Voters should have a chance to decide if they want to vote for candidates who support raising the price of drugs for people in the United States and the rest of the world, or making us all into unpaid copyright cops. But there is no text and no discussion in the campaigns – and that is exactly how the corporations who stand to gain want it.

There is one way to spoil their fun. Just Foreign Policy is offering a reward, now up to $21,100, to WikiLeaks if it publishes a draft copy of the pact. People could add to the reward fund, or if in a position to do so, make a copy of the draft agreement available to the world.

Our political leaders will say that they are worried about the TPP text getting in the hands of terrorists, but we know the truth: they are afraid of a public debate. So if the free market works, we will get to see the draft of the agreement.

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