growth

[singlepic=174,240,180,,left]Three weeks ago I asked Apel ("apple" in English - a clever name for a gardener) to chop down a tree in our garden. The poor thing was suffering from a nasty attack of white lice-like parasites, which were spreading to other plants. This may sound like a rash move. Why not find something to kill the parasites? Well, short of digging up a horticulturalist from the University of Bogor, the chances of finding someone who knew what the parasite was and how to kill it were pretty slim. Plus, unlike anywhere else in the world I have lived, chopping down a tree in Indonesia does not mean death. Within three weeks the tree is showing a full recovery. Apparently trees grow seven times the international average (whatever that might be). Seeing this, I can believe it.
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so clear

[singlepic=175,240,180,,left]This morning you could see Mount Salak way off in the distance. Usually, Salak is hidden from view by steam and smog. Now and then Bukit Sentul pokes its head above the clouds, but it is rare to see its twin, which is 30 miles away. Even the city looked wonderfully clear. It's on days like these I wish I had my camera - and not just my iPhone.
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celebrity slaughter

[singlepic=172,240,180,,left]Monday was Idul Adha, the Muslim holy day of sacrifice. Indonesia Matters has the funniest account of festivities I have read so far. "Marcella [a selebriti of questionable moral integrity] provided a goat for sacrifice at the police station, and later distribution of its meat. As the goat, possibly called Daisy, was being slaughtered reporters and camera crews were said to have swarmed around it, filming and photographing its dying moments, and later while it was being sliced up - but they showed no interest in the other, non-famous goats, and cows, that were sacrificed at around the same time."
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moving in the right direction

[singlepic=170,240,180,,left]The European Business Chamber of Commerce (EuroCham) produces a quarterly magazine covering business related issues in Indonesia "with a distinctly European flavor". The publication is distributed to the European business community in Indonesia and to stakeholders such as relevant Indonesian Government officials, International organisations and European embassies. The following is a reproduction of my article on intellectual property rights issues in Indonesia. The original is available here and here.

Moving in the right direction

Indonesia has long been regarded as ‘The Wild West’ when it comes to the protection of intellectual property (IP). While trademark piracy and copyright and design infringement remain major concerns, the improving legal environment offers a good opportunity for IP owners to revisit these issues. What you need to know Some might be surprised to hear that Indonesia has a comprehensive legal IP framework, which has significantly improved over the last decade. The government regularly reviews trademark, copyright, industrial designs and patent legislation, offering interested parties such as the legal profession and the Indonesian Intellectual Property Society the opportunity to comment and propose amendments. The most recent review began in 2007 and will see new legislation introduced to the House of Representatives in 2009. That said, there are a number of limitations that IP owners should keep in mind: Registered rights are king Only registered rights are enforceable. In terms of trademarks and designs, such rights can be enforced only if they are registered in Indonesia. Well-known marks The Trademark Law does not prohibit the use of well-known or famous marks - unless they are also registered. In addition, it is difficult to stop others from registering your well-known mark for dissimilar goods or services. Trademark licences It is not possible to record record trademark licensee interests against a registration (even though this is required under the law). This creates a dilemma for IP owners: how to ensure that use attributes to a licensee, and avoid the risk of deletion for non-use? Unfair competition Indonesia has no specific unfair competition or trade practices law. This means that IP owners must rely on the IP laws to prevent the misuse of IP rights or conduct that would otherwise be considered misleading and deceptive. Litigation is often the only option Once a trademark, design or other IP right is registered, that right can only be challenged in the courts. This can make it expensive to delete or cancel a misappropriated or wrongfully registered IP right. The courts are still relatively inexperienced Despite the prevalence of infringement, IP litigation is still rare. This means that judges are often deciding a legal issue for the first time.On the fl ip side, this and the fact that the Indonesian judicial system does not apply the principle of judicial precedence, generally means that the law will be applied as written - creating a level of legal certainty. However, it is also means that IP owners need to be familiar with the vagaries of the Indonesian legal system - particularly IP office peculiarities. Slow but steady progress at the IP office Under the care of Andy Sommeng, the Director-General of Intellectual Property Rights, the IP office has seen slow but steady progress on a number of key issues, including the process of computerising its systems and the launch of the Intellectual Property Digital Library. The TMO has started accepting geographical indication (or GI) applications as well as plant variety rights applications. So far only a handful of applications have been received, mostly from Indonesia, but there is considerable interest from the European Union. Proposed amendments to the IP laws (if approved by government) will see further improvement in the legal environment for IP owners, including broadening the definition of trademarks to some non-traditional marks and an increase in the maximum jail sentences and fines. The Director-General has also proposed a raft of amendments that are specifically designed to speed up the registration process. Bold steps The past year has seen the Director of Trademarks take the unprecedented step of exercising its legislative discretion to delete a disputed trademark registration, helping end a long-running dispute between a local electronics manufacturer and Intel over its house-brand. The courts have also successfully handle an increasing number of complex IP cases, including the first patent revocation case in Indonesia, brought by national carrier Garuda Indonesia Airlines in respect of its online ticketing and payment system. The number design infringement cases handled by the courts has increased significantly, such as a design revocation case brought by Honda against a local manufacturer with respect to the design of its motor scooter lamp. Progress with Police Police raids continue to be difficult, primarily because of the inadequacy of Police budgets. This means that rights holders need to provide the Police with operational assistance, in the form of facilitation payments. While these payments are permissible under Indonesia’s and most foreign anti-corruption laws, carrying out Police raids requires careful planning. Nevertheless, the Police have made considerable progress over the past , particularly in regard to optical discs and illegal drugs. The police continue to target large DVD factories and raid shopping malls selling pirated DVDs and software. The Police have conducted several high-profile raids, including what is believed to be the largest-ever seizure of illegal drugs. It is estimated that as much as 40 percent of drugs in Indonesia are counterfeit or are distributed without the proper permits. What’s next? IP enforcement continues to be the biggest challenge for IP owners in Indonesia. The National IP Taskforce acknowledges the difficulties IP owners face. Solving this will require a co-ordinated effort on behalf of Indonesia’s Police, the Customs Department and the Courts. Until that time, IP owners need to take care when planning their IP strategies for Indonesia.
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post-american bullshit

[singlepic=169,240,180,,left]This week Amazon launched its iPhone app. That's pretty cool for iPhone owners - if you live in the United States. For some reason, Amazon customers who live outside the US will have to wait. You can still use the iPhone's built in browser to shop in Amazon's online store. You just can't use Amazon's shiny new toy. I'm getting pretty used to this sort of crap from Apple. Remember, I'm the guy who bought an iPhone from a man in Saratoga Springs NY, who queued five hours at an Apple Store so he could sell it at a ridiculous profit on eBay to me. I'm also the guy who applied for a New Zealand credit card just so I could use the bloody thing. But Amazon? Isn't this kind of out of character for the retail giant? Not really. Remember, a year after it launched Amazon MP3, the music download service is still only available to US and now UK customers. You can buy a CD from Amazon's store - just not the MP3 version. So what's going on? Are Amazon and Apple being deliberately difficult? Believe it or not, they're victims just like us. The music labels are holding Amazon to ransom in much the same way that they forced Apple to open iTunes Stores in individual countries, effectively hobbling the expansion of iTunes and the distribution of digital media generally. Book publishers are shafting us in much the same way. Last week I was listening to a weekly podcast called TWiT. It's an entertaining talk show hosted by radio celebrity Leo Laporte. For just over an hour each week, Leo and some pretty high calibre guests -  Kevin Rose, John C Dvorak and Jason Calacanis, to name a few - discuss the week's technology news. On this particular episode, someone recommended The Post American World by esteemed journalist Fareed Zakaira: [singlepic=168,320,240,,center] "This is not a book about the decline of America, but rather about the rise of everyone else." So begins Fareed Zakaria's important new work on the era we are now entering. Zakaria describes with equal prescience a world in which the United States will no longer dominate the global economy, orchestrate geopolitics, or overwhelm cultures. He sees the growth of countries like China, India, Brazil, Russia, and many others as the great story of our time, and one that will reshape the world. Sounds pretty good! So, I headed over to Audible to buy a copy. Sure enough, an audio copy of the book was avaialble to Audible subscribers for one "credit" - about 15 bucks - or $20 for non-subscribers. At least, so I thought: Audible can't sell me the book because I live in Indonesia? Weird. So I headed over to Amazon, where I had no problems buying a hardback edition of the book - albeit at twice the price! The next day I saw a paper back edition for sale in Kinokuniya for $38. So I can buy a paperback copy of the book locally at two and a half times the cost of the digital version, or I can have a hardcover edition shipped to me but not the digital version? How f—ed up is that?! So what's going on? What we are seeing is a serious disconnect between 'Old World' business models and 'New World' commerce. The traditional distribution model created by publishers and music labels no longer works. The market place is changing so quickly that some just can't keep up. The digitalization of media is accelerating the process. In five short years, iTunes has become the world's biggest retailer of music - in spite of the music labels. Since it started selling movies and TV programs, Apple has sold more than a billion videos. The iPhone App Store has only been live for five months, but already 300 million iPhone apps have been downloaded. That's over 20 downloads a second! The way we do business has transformed. Everyday I watch our Indonesian lawyers transact with attorneys in the United States, Europe and all around the Asia region. The traditional barriers, language and geography, no longer exist. Even time zones are no longer a problem. Increasingly, geo-political borders are being replaced with economic ones. The freedom to move between countries has more to do with the price of an airline ticket than anything else. For some, the only real border is the metal detector at the airport. All this is having a significant impact on customer psyche. From the customer's perspective, there's no excuse for a product to be available in one country but not another. If a customer can't buy a product from the source, they'll find some other way to source it. This is where the pirates step in. In shopping malls across Asia you can see the results of the movie industry's failure to adapt and remain relevant. Thousands of films are available in high definition DVD immediately after cinema release, and at a fraction of the price of a movie ticket. If the likes of the music labels and book publishers  can't keep up, they will become irrelevant. The music labels are already under seige. The question is, will they suffer the same fate as the movie studios? Probably.
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fingerprinting

[singlepic=166,240,180,,left]Yesterday I made my annual trip to the Immigration Department's South Jakarta office to be fingerprinted and get my multi-entry visa and work permit renewed. I really love going to Immigration. It's like something out of Passage to India (minus the Indians): a large breezy building, its high ceilings dotted with wobbly fans.  Immigration agents bustle about brandishing cellphones and manila folders. Their frenzied activity is mirrored by an equal number of uniformed immigration officers (but sans mobile) doing whatever it is that government employees do. There was a change to the normal routine. Instead of being presented to the finger-printing guy, with his ink pad and box of tissues, I was ushered into a waiting room with Kamar Foto Orang Asing emblazoned on its door. A very friendly chap ushered me in and plonked me in front of the camera, all the while yabbering away in a blend of Indonesian and English, "duduk, duduk (sit)... closer, closer... aahh, handsome!" I almost fell off my chair when he asked me whether I was happy with the photo or would like him to take another. Proving that change is afoot, he then used a scanner and electronic tablet to record my fingerprints and signature. Wuah?! Keren... Sorry for the crappy photo. No matter how friendly the officials are, I can't help but wonder what would happen if they knew I was taking photos. The second photo is nothing special, just the rain as I waited for Sammy to pick me up in front of Immigration. [singlepic=167,120,100,,left]
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ibrahim and the xmas tree

[singlepic=165,240,180,,left]We officially started the Christmas season at home last night by putting up the tree. It's a weird experience, the two of us, a Muslim and a waivering Christian, decorating a pagan symbol with a cluster of Buddha statues collected during my travels through Thailand and China overseeing the entire process. We are surely tempting God's fury:
Thus saith the LORD, Learn not the way of the heathen, and be not dismayed at the signs of heaven; for the heathen are dismayed at them. For the customs of the people are vain: for one cutteth a tree out of the forest, the work of the hands of the workman, with the axe. They deck it with silver and with gold; they fasten it with nails and with hammers, that it move not.

— The Book of Jeremiah, 10:2-4

As if on cue, this morning Sammy (my driver) asked me whether I would be making a sacrifice this year. It's Eid al-Adha next Monday. The 'Festival of Sacrifice' is a religious festival celebrated by Muslims and Druze to commemmorate the willingness of Ibrahim (a.k.a. Abraham) to sacrifice his son, Ishmael (a.k.a. Isaac), as an act of obedience to Allah. Apparently the Devil tempted Ibrahim by saying he should disobey Allah and spare his son. As Ibrahim was about to do the deed, Allah intervened and provided a lamb as the sacrifice.

Personally, I think that's a pretty f—ed up story. Surely there are less melodramatic ways to test one's faith? But hey, who am I to judge? I guess that makes me the Devil? Hah! I probably am. After all, I made a Muslim erect an offering to the Roman god Saturn! I am definitely going to Hell!

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HAL 9000 & the infinite monkey theorum

[singlepic=163,240,180,,left]Anyone with an email address will know the joys of spam: endless emails inviting you to enjoy the pleasures of a super-charged, super-vitalized, super-sized sex life. Well, everyone but John C "I get no spam" Dvorark. If you have a blog and allow - or (in my case) invite - comments, then you get to enjoy this wonderful phenomenon twice! Most of the time the stuff that you see reads like a 1970s softcore trash novel - except it's hardcore porn. Every now and again there's something in Cyrillic. Until today, my personal favourite was the seemingly genuine comment, "Great blog!" or "I totally agree", which is designed to trick a blog moderator into believing the author is genuine and not a Spam-O-Bot with looser morals than the HAL 9000. "Just what do you think you're doing, Dave?" Today I have a new favourite. The infinite monkey theorum states that a monkey hitting keys at random on a typewriter for an infinite amount of time will almost surely type a given text, such as the complete works of William Shakespeare. Well, I think I have proof of the infinite monkey theorum in effect! Check out this wonderful creation from a distant relation of HAL:
This is the oldest period undisputed to ask a ridiculous. How multifarious in this forum are references progressive behind, artful users? Can I worthiness all the communication that there is?
Now I ask you: when was the last time you read such beautiful prose?! Such great words. 'Multifarious'? I had to look that one up!
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face palm

[singlepic=162,400,400,,] Dibawa kepada anda oleh orang sangat mengagumkan di JTUG. ("Brought to you by the very cool dudes and dudettes at JTUG.")
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burp

[singlepic=158,240,180,,left]Belching cows, flatulent sheep and a cocky prime minister. What do these have in common (apart from the obvious)? Together they determine whether New Zealand will meet its obligations under the Kyoto Protocol to cut emissions to pre-1990 levels. Picture: "Dude, did you just let one go?" Astronauts on board the International Space Station pass over New Zealand. Courtesy of The Big Picture. In 2002, New Zealand signed the Kyoto Protocol, formally committing to reducing its greenhouse gas emissions - or pay the consequences. The latest report card released by the United Nations (New Zealand’s Greenhouse Gas Inventory 1990–2004) show that the Kiwis have - along with many other countries - an uphill battle ahead. Between 1990 and 2004, New Zealand's greenhouse gas emissions increased by 26.7% or 33% - depending on how you calculate it: Emissions from road transportation increased 63% (hardly surprising as the country's rail network becomes a thing of the past). Chemicals industry emissions increased 34.6%. The Kiwi love affair with fridges and airconditioning saw emissions from hydrofluorocarbons (HFCs) increase by a stunning 284% - though a lot of this is due to the replacement of CFCs and HCFCs with HFCs in the 1990s. Emissions from the solvents and other products used in paints and similar products increased by 15.2%. The only sector bucking the trend is waste, where emissions have dropped 26% below 1990 levels primarily due to improvements in solid waste disposal. Pretty boring stuff, really. Until you dig a bit deeper. Read on... Flatulent sheep, lazy forests Nearly one-half of New Zealand's total emissions (49.7%) are produced by the agricultural sector. In most  developed countries, emissions from this sector account for only 12-15%. [singlepic=159,240,180,,left]So who are the culprits? Ten million belching cows and 40 million farting sheep. The Government has looked at everything from special grass to fitting stock with gas masks and nappies to capture all those, um, emissions. New Zealand's forests also present a problem. More than a third of the country is covered with forest. About two-thirds of that is protected native forest. Under New Zealand's strict conservation laws, only Maori can cull native trees - and even then only in very small numbers. Less than 0.1% of wood comes from native trees. This is good news. Trees thrive on carbon dioxide, effectively eating up all that cow flatlulence. But there is a problem. New Zealand is not planting anywhere near as many trees as it did in the 1990s. For the past two decades, the average planting rate has been 40,000 trees a year. That has dropped significantly to 10,000 a years. Why is this a problem? Young growing trees consume a lot more carbon dioxide than mature trees - nearly twice as much.  In a perverse twist, young trees are worth more than mature trees - at least as far as the Kyoto Protocol is concerned. A dramatic increase in the size of the country's already substantial forests would be necessary for them to be consuming carbon dioxide at 1990 levels. Houston, we have a problem... The electricity sector in New Zealand uses mainly renewable energy sources: predominantly hydropower and geothermal power. More than 70% share of energy comes from these sources, making New Zealand one of the most sustainable countries in terms of energy generation. [singlepic=160,240,180,,left]Since the early 1990s, the country's dams have failed to meet growing energy demands. When the dams run low (an annual phenomenum), the grid turns to the country's gas, geothermal and (the last remaining) coal-fuelled power stations. The last four years have seen a dramatic increase in energy generation from coal (more than 10 times the annual average) for this reason alone. To address this, the Government has been building wind farms as fast as it can, including two of the world's largest wind farms near Wellington and Dunedin. When completed, this will bring New Zealand well within sight of its goal to secure 90% of energy from renewal resources by 2025. This is all well and good, but is building expensive new wind farms the only way to achieve this? Not according to Greenpeace, which has labelled New Zealand as one of the least energy efficient countries in the OECD. For example, Kiwi homes lose up to 40% of energy through poor insulation. At present there are no plans afoot to address this. Loud mouth idiots Outgoing Prime Minister Helen Clark has been the driving force behind many of the initiatives to make New Zealand carbon-neutral, including signing the Kyoto Protocol in the first place. But Helen is no longer with us. We have a new Prime Minister, a businessman, and he seems to have different ideas. [singlepic=161,240,180,,left]New Zealand has been developing a carbon market which would allow "polluters" (e.g. transport companies) to buy "carbon credits" from others (e.g. forest owners) to offset their liability to the New Zealand Government for the greenhouse gases they create. The scheme was to be the first carbon cap-and-trade scheme outside of Europe and had been designed to help the country meet its obligations under the Kyoto climate-change protocol. There has been much interest in the the scheme from business, and the public generally. According to the consulting firm Carbon Market Solutions, emissions liabilities are in the order of over US$55 million for some businesses. Forestry is the first industry ready to participate, and geared up to plant millions of trees to generate carbon credits. According to the New Zealandd Forest Owners Association there has been substantial investment in the scheme. All that has been thrown into doubt by the newly elected Prime Minister, who has put the scheme on hold. The Prime Minister, a retired businessman who (somewhat ironically) made his millions trading foreign currencies will apparently be softened with exemptions for some of the bigger emitters, such as steel makers and power firms. Moving in the wrong direction? Maybe. But the bigger issue is the Prime Minister's plan to delay implementaton of the scheme for two years - until 2010. The scheme was to be up and running by the end of this year. Couple this with comments made by the Prime Minister suggesting that he may examine the science behind climate change, and things don't look too rosy. Where to from here? Whether or not New Zealand meets its Kyoto commitment isn't likely to have a significant financial impact on the economy. The estimate of New Zealand’s obligation at 30 September 2008 is NZ$583 million - or about 0.3% of GDP. This is small stuff when compared to the really big commitments, like Waitangi Tribunal settlements with Maori tribes. What can't be quantified is the impact all this has on New Zealand's clean green image, which makes up a big part of the country's vibrant tourism industry. The Tourism Board's advertising platform, 100% Pure New Zealand, draws heavily on this, with a massive NZ$7 million spent on a single campaign for China earlier this year. Last year, two million tourists visited New Zealand, making tourism the country's biggest "exports". Tourism contributed nearly 10% of the country's GDP last year, a figure that is expected to rise - even in the face of global recession. Tourists are fickle. It doesn't take much to destroy a tourism industry. Just ask the Balinese. Let's hope that the new Prime Minister's mouthing off is nothing more than hot air.
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A hyper-opinionated bule with a deep fondness for Indonesia. Mildly outraged but mostly harmless.

HAKItree
HAKItree blog