sri mulyani and bank century: don't jump to conclusions

Finance Minister Sri Mulyani Indrawati, who led the committee that determined that Century needed help, said the bailout was “legal” and failure to act might have “burned” the nation’s finance sector... [and] without the rescue, the country’s banking industry could have faced the threat of a liquidity crisis in light of the global financial meltdown.

One of the the Jakarta Globe's headline confused me this morning. "Indonesia Finance Minister Backs Bank Century Bailout" it reads.

Why am I confused? Because only last week I read an extract from minutes of a meeting where Sri Mulyani clearly warned against the bailout. I was under the impression that she did NOT support the bailout.

Why the contradiction? I think it is because Sri Mulyani is speaking on behalf of the committee -- not in her personal capacity or as the Finance Minister. If this is the case, then it is very important that we don't jump to conclusions.

I seriously doubt that the Finance Minister and the Vice President are involved in anything illegal or inappropriate. Bailing out Bank Century may not have been the best decision, and it certainly led to a much bigger problem -- the Susno-Sampoerna (alleged) crime -- but that doesn't mean that these two are guilty of anything untoward.

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Filed under  //   bank century  

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is youtube the answer to our IP woes?

The following is a reprint of this week's The Jakarta Globe column. You can find the original here.

Last week, the UK government announced a new law that, if passed, would force Internet service providers to provide information about suspected copyright infringers and cut off their Internet connections without trial.

The UK is one of a number of countries adopting a hard-line approach to online piracy. Over 30 countries are currently negotiating the Anti-Counterfeiting Trade Agreement, which contains provisions similar to those found in the UK's bill. It is only a matter of time before developing countries such as Indonesia are pressured into adopting similar laws.

Will these new tough laws make any difference? Probably not. Evidence shows that taking a hard-line approach to piracy does not work.

The Recording Industry Association of America's six-year campaign to stop online sharing of music earned the organization a reputation for being heavy-handed. It drew public scorn for targeting university students and single mothers. The association ended its campaign in December 2008. Despite having sued more than 30,000 people, the campaign did little to stop piracy.

The explosion of new technology and the proliferation of content-sharing platforms such as YouTube and peer-to-peer networks are creating new problems for copyright owners. Facebook and YouTube are making copyright pirates out of millions of Internet users.

Shepard Fairey's famous "Hope" poster became symbolic of the 2008 Obama campaign, and then the subject of a heated copyright debate. Fairey created the poster by taking a digital copy of an Associated Press photo and changing the lighting and coloring. AP claimed that Fairey infringed its copyright by using the photo without its permission. Fairey argued that he only used the photograph as a visual reference.

These are complex legal issues. Copyright is difficult to understand at the best of times. Creating tough new laws will do little if no one understands what they can and cannot do to start with.

The solution to this problem may originate with YouTube itself.

The video-sharing site has long been criticized for failing to take adequate measures to prevent copyright-protected videos from being posted. Despite posting copyright warnings, the site allows many unauthorized clips from TV and cinema to be posted. YouTube does not view videos before they are posted. It is left to copyright holders to issue a take-down notice if they find their videos on YouTube.

In 2008, YouTube turned the copyright world on its head by launching its partner program, which provides copyright owners with a means of earning revenue from content illegally posted on YouTube. Instead of removing the content, copyright owners can choose to earn revenue from ads shown when the video is played.

The program has been an enormous success. Last year, YouTube revealed that 90 percent of take-down notices resulted in the copyright owner choosing the revenue option.

This year, YouTube expanded the program so that normal moms and dads can reap the financial rewards when that three-minute video of their break-dancing toddler goes viral. YouTube is quietly solving its copyright piracy problems by providing a solution, namely a revenue model.

As the program grows and proves successful, it could serve as a useful model for turning a problem like piracy on its head.

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Filed under  //   copyright   jakarta globe   piracy   youtube  

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dimulainya reformasi HKI oleh pemerintah

Sesudah hampir setahun tertunda, perombakan UU HKI oleh pemerintah
Indonesia yang sudah lama dinantikan akhirnya kembali ke jalurnya.

Pada bulan November, Andy Sommeng, dirjen HaKI, akan menyelesaikan
usulan perubahan terhadap UU Merek.

Para pemilik HKI boleh bersenang hati mendengar bahwa salah satu
prioritas utama dirjen HaKI adalah menambah kecepatan dan efisiensi
pada kantor HaKI. Saat ini dibutuhkan waktu sekitar dua tahun untuk
mendaftarkan sebuah merek.

Dengan mengubah proses pemeriksaan aplikasi, dirjen berharap dapat
memangkas setengahnya menjadi 12 bulan saja. Saat UU yang baru
berlaku, pendaftaran merek akan dipublikasikan untuk tujuan
opposition/keberatan dan kemudian diperiksa oleh pemeriksa dari kantor
merek. Sistem yang berlaku sekarang adalah aplikasi dipublikasikan
setelah diperiksa.

Ini tentu saja akan menambah jumlah pendaftaran. Hal ini juga berarti
para pemilik merek perlu terus memperhatikan lembaran merek Indonesia.

Dirjen juga merencanakan untuk mempercepat penanganan kasus merek oleh
pengadilan. Kasus HKI non pidana ditangani oleh pengadilan khusus HKI
yaitu Pengadilan Niaga.

Di bawah UU Merek, Pengadilan memerlukan waktu 90 hari kerja untuk
mengeluarkan sebuah keputusan sejak dimualinya proses. Kelihatannya
Pengadilan cenderung berpegang pada tenggat waktu tersebut yang
artinya setiap kasus umumnya selesai dalam waktu empat bulan.

Dirjen bahkan berencana mengurangi tenggat waktu hingga 60 hari kerja.

Para pemilik merek akan sangat senang mendengar bahwa hukuman pidana
akan ditambah. Hukuman penahanan yang baru membuat polisi bisa menahan
tersangka pemalsu hingga 60 hari sebelum siding. Saat ini polisi hanya
bisa menahan tersangka yang melanggar hak cipta.

Pada bulan desember, Dirjen akan mulai merencanakan satu langkah yang
lebih sulit dalam proses ini yaitu bagaimana mensosialisasikan
perubahan UU ini. Sesudah itu ia akan mengalihkan perhatiannya pada UU
Paten, Disain dan Hak Cipta.

UU ini diharapkan bisa dipresentasikan kepada DPR untuk didiskusikan
pada paruh kedua tahun depan.

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microsoft in the cloud -- this should be good

I've been invited to participate in the Office 2010 beta test. This is exciting stuff for me. I never get to do this stuff -- well, except Google Wave, I suppose. But this is much more exciting. Microsoft in the Cloud. Sounds like a Mills and Boon novel...

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Filed under  //   cloud   microsoft   office 2010  

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BREAKING NEWS: manowhora killed during KPK rally

Model-actress-defamer ManoWhora was tragically killed yesterday during an otherwise peaceful political rally in Jakarta.

The socialite mistakenly believed she was attending a World Wildife Foundation event to raise awareness of Indonesia's disappearing mangroves and wetlands. Raising a stuffed crocodile above her head, she cried out "Save the crocodile!"

Little did she know that the political rally was in support of the KPK, and the crocodile a symbol of Police oppression. Within seconds, her fellow protesters turned on the actress, beating her to death.

The actress' mother, MegaWhora, told reporters this morning that her daughter would live on in a new sinetron tentatively titled Ayat Ayat Bodoh.

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don't be too hard on the president

I do not understand the contents of the president’s speech

Indonesia was glued to the TV last night waiting to hear what the President would say about the KPK crisis. If you expected him to come out guns blazing, then you would have been sorely disappointed.

SBY told the nation that as head of state he did not have the authority to stop the Police or the Attorney-General. I'm no constitutional lawyer, but that sounds right to me.

"[The] better solution... is to not take this case to court, while continuing to abide by the principle of justice," said the President.

It is not surprising that the President confused the nation with this little ditty. He used a special language known as lawyer speak. Translated, he is telling the Police and Attorney General to drop the case, but don't break any laws in the process.

Most people I know are disappointed. They wanted the President to swoop in, kill the dragon and save the princess -- not a lawyer.

I am still mulling this over, but my initial reaction is that I think the President has done the right thing. He has upheld the law, and maintained the integrity of the Presidency. I respect that. It is far more important than making people happy.

But worry too much, good people. One of two things will happen:

  • the Attorney-General and Police chief will follow the President's recommendation and stop, or 
  • the case will continue.

The smart thing would be to halt the case. But I think the best thing for Indonesia would be for the case to go ahead. Only then will ordinary Indonesians and bules alike get to see just how diseased these two institutions are.

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Filed under  //   kpk   police   president  

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is the president as self-serving as the rest of them?

I want to end the fighting

Before the KPK crisis, I would have described the President as "cautious", "conservative" and very much a "consensus man". He was slow to act, but probably because he preferred the Javanese approach to democracy over authoritarianism -- get everyone to agree before you impose your decision.

During the crisis, I added "smart". I was willing to give the President the benefit of the doubt. His insistence that he was not going to interfere indicated that he knew that if they were given enough rope, the Police and the other nasties involved would hang themselves.

Now, as we draw towards the end of the case, I wonder. Do I still feel the same about the President? On one hand, his sudden change of heart could be seen as very self-serving.

On the other, doesn't the fact that he waited for Team 8's decision, then gave the Police and the AGO the chance to cancel this reaffirm my earlier view of the President?

I think it does. In my mind, at least, the President has redeemed himself. Well, almost. I still have a nagging doubt. Do you feel the same?

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Filed under  //   ago   kpk   police   president  

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why the president should let the kpk case continue

An out-of-court settlement is fair, with significant improvements in all law enforcement agencies. I want to end the fighting

The President has finally said that he wants to stop the "fighting" between the Police, public prosecutors office and the KPK. Interesting choice of language Mr President. "Fighting"? The appropriate term is "bullying".

Let's leave aside why the President is using such silly words. Let's leave aside why he has had a change of heart -- reme mber he refused to get involved earlier because it would "tear apart" the justice system. What I am interested in is what is best for Indonesia -- not the political career of the President.

Personally, I am beginning to think that it would be better if this ridiculous KPK scenario played out to the end. Why?

  • We need to see just how contrived the case is -- how bad is it? 
  • The corruption and disease in the Police and Attorney General's office needs to be uncovered, once and for all. 
  • The credibility of the KPK has been questioned. Their names needs to be cleared. Team 8 can't do that -- it has no authority. It will take a court to do that. 
  • Most importantly, we need our sacrificial lambs, the Police chief, AGO and all the individuals involved in this sick affair.

Here's hoping that the Police and AGO do not heed the President's recommendations.

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Filed under  //   ago   kpk   police  

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#lazyassTU mascot

Fara has become our mascot. She is relaxation defined, after all.
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Filed under  //   photo  

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A hyper-opinionated bule with a deep fondness for Indonesia. Mildly outraged but mostly harmless.

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