Tuesday, July 14, 2009

The English National Portrait Gallery (NPG) in London has threatened on Friday to sue a U.S. citizen, Derrick Coetzee. The legal letter followed claims that he had breached the Gallery’s copyright in several thousand photographs of works of art uploaded to the Wikimedia Commons, a free online media repository.

In a letter from their solicitors sent to Coetzee via electronic mail, the NPG asserted that it holds copyright in the photographs under U.K. law, and demanded that Coetzee provide various undertakings and remove all of the images from the site (referred to in the letter as “the Wikipedia website”).

Wikimedia Commons is a repository of free-to-use media, run by a community of volunteers from around the world, and is a sister project to Wikinews and the encyclopedia Wikipedia. Coetzee, who contributes to the Commons using the account “Dcoetzee”, had uploaded images that are free for public use under United States law, where he and the website are based. However copyright is claimed to exist in the country where the gallery is situated.

The complaint by the NPG is that under UK law, its copyright in the photographs of its portraits is being violated. While the gallery has complained to the Wikimedia Foundation for a number of years, this is the first direct threat of legal action made against an actual uploader of images. In addition to the allegation that Coetzee had violated the NPG’s copyright, they also allege that Coetzee had, by uploading thousands of images in bulk, infringed the NPG’s database right, breached a contract with the NPG; and circumvented a copyright protection mechanism on the NPG’s web site.

The copyright protection mechanism referred to is Zoomify, a product of Zoomify, Inc. of Santa Cruz, California. NPG’s solicitors stated in their letter that “Our client used the Zoomify technology to protect our client’s copyright in the high resolution images.”. Zoomify Inc. states in the Zoomify support documentation that its product is intended to make copying of images “more difficult” by breaking the image into smaller pieces and disabling the option within many web browsers to click and save images, but that they “provide Zoomify as a viewing solution and not an image security system”.

In particular, Zoomify’s website comments that while “many customers — famous museums for example” use Zoomify, in their experience a “general consensus” seems to exist that most museums are concerned with making the images in their galleries accessible to the public, rather than preventing the public from accessing them or making copies; they observe that a desire to prevent high resolution images being distributed would also imply prohibiting the sale of any posters or production of high quality printed material that could be scanned and placed online.

Other actions in the past have come directly from the NPG, rather than via solicitors. For example, several edits have been made directly to the English-language Wikipedia from the IP address 217.207.85.50, one of sixteen such IP addresses assigned to computers at the NPG by its ISP, Easynet.

In the period from August 2005 to July 2006 an individual within the NPG using that IP address acted to remove the use of several Wikimedia Commons pictures from articles in Wikipedia, including removing an image of the Chandos portrait, which the NPG has had in its possession since 1856, from Wikipedia’s biographical article on William Shakespeare.

Other actions included adding notices to the pages for images, and to the text of several articles using those images, such as the following edit to Wikipedia’s article on Catherine of Braganza and to its page for the Wikipedia Commons image of Branwell Brontë‘s portrait of his sisters:

“THIS IMAGE IS BEING USED WITHOUT PERMISSION FROM THE COPYRIGHT HOLDER.”

“This image is copyright material and must not be reproduced in any way without permission of the copyright holder. Under current UK copyright law, there is copyright in skilfully executed photographs of ex-copyright works, such as this painting of Catherine de Braganza.

The original painting belongs to the National Portrait Gallery, London. For copies, and permission to reproduce the image, please contact the Gallery at picturelibrary@npg.org.uk or via our website at www.npg.org.uk”

Other, later, edits, made on the day that NPG’s solicitors contacted Coetzee and drawn to the NPG’s attention by Wikinews, are currently the subject of an internal investigation within the NPG.

Coetzee published the contents of the letter on Saturday July 11, the letter itself being dated the previous day. It had been sent electronically to an email address associated with his Wikimedia Commons user account. The NPG’s solicitors had mailed the letter from an account in the name “Amisquitta”. This account was blocked shortly after by a user with access to the user blocking tool, citing a long standing Wikipedia policy that the making of legal threats and creation of a hostile environment is generally inconsistent with editing access and is an inappropriate means of resolving user disputes.

The policy, initially created on Commons’ sister website in June 2004, is also intended to protect all parties involved in a legal dispute, by ensuring that their legal communications go through proper channels, and not through a wiki that is open to editing by other members of the public. It was originally formulated primarily to address legal action for libel. In October 2004 it was noted that there was “no consensus” whether legal threats related to copyright infringement would be covered but by the end of 2006 the policy had reached a consensus that such threats (as opposed to polite complaints) were not compatible with editing access while a legal matter was unresolved. Commons’ own website states that “[accounts] used primarily to create a hostile environment for another user may be blocked”.

In a further response, Gregory Maxwell, a volunteer administrator on Wikimedia Commons, made a formal request to the editorial community that Coetzee’s access to administrator tools on Commons should be revoked due to the prevailing circumstances. Maxwell noted that Coetzee “[did] not have the technically ability to permanently delete images”, but stated that Coetzee’s potential legal situation created a conflict of interest.

Sixteen minutes after Maxwell’s request, Coetzee’s “administrator” privileges were removed by a user in response to the request. Coetzee retains “administrator” privileges on the English-language Wikipedia, since none of the images exist on Wikipedia’s own website and therefore no conflict of interest exists on that site.

Legally, the central issue upon which the case depends is that copyright laws vary between countries. Under United States case law, where both the website and Coetzee are located, a photograph of a non-copyrighted two-dimensional picture (such as a very old portrait) is not capable of being copyrighted, and it may be freely distributed and used by anyone. Under UK law that point has not yet been decided, and the Gallery’s solicitors state that such photographs could potentially be subject to copyright in that country.

One major legal point upon which a case would hinge, should the NPG proceed to court, is a question of originality. The U.K.’s Copyright, Designs and Patents Act 1988 defines in ¶ 1(a) that copyright is a right that subsists in “original literary, dramatic, musical or artistic works” (emphasis added). The legal concept of originality here involves the simple origination of a work from an author, and does not include the notions of novelty or innovation that is often associated with the non-legal meaning of the word.

Whether an exact photographic reproduction of a work is an original work will be a point at issue. The NPG asserts that an exact photographic reproduction of a copyrighted work in another medium constitutes an original work, and this would be the basis for its action against Coetzee. This view has some support in U.K. case law. The decision of Walter v Lane held that exact transcriptions of speeches by journalists, in shorthand on reporter’s notepads, were original works, and thus copyrightable in themselves. The opinion by Hugh Laddie, Justice Laddie, in his book The Modern Law of Copyright, points out that photographs lie on a continuum, and that photographs can be simple copies, derivative works, or original works:

“[…] it is submitted that a person who makes a photograph merely by placing a drawing or painting on the glass of a photocopying machine and pressing the button gets no copyright at all; but he might get a copyright if he employed skill and labour in assembling the thing to be photocopied, as where he made a montage.”

Various aspects of this continuum have already been explored in the courts. Justice Neuberger, in the decision at Antiquesportfolio.com v Rodney Fitch & Co. held that a photograph of a three-dimensional object would be copyrightable if some exercise of judgement of the photographer in matters of angle, lighting, film speed, and focus were involved. That exercise would create an original work. Justice Oliver similarly held, in Interlego v Tyco Industries, that “[i]t takes great skill, judgement and labour to produce a good copy by painting or to produce an enlarged photograph from a positive print, but no-one would reasonably contend that the copy, painting, or enlargement was an ‘original’ artistic work in which the copier is entitled to claim copyright. Skill, labour or judgement merely in the process of copying cannot confer originality.”.

In 2000 the Museums Copyright Group, a copyright lobbying group, commissioned a report and legal opinion on the implications of the Bridgeman case for the UK, which stated:

“Revenue raised from reproduction fees and licensing is vital to museums to support their primary educational and curatorial objectives. Museums also rely on copyright in photographs of works of art to protect their collections from inaccurate reproduction and captioning… as a matter of principle, a photograph of an artistic work can qualify for copyright protection in English law”. The report concluded by advocating that “museums must continue to lobby” to protect their interests, to prevent inferior quality images of their collections being distributed, and “not least to protect a vital source of income”.

Several people and organizations in the U.K. have been awaiting a test case that directly addresses the issue of copyrightability of exact photographic reproductions of works in other media. The commonly cited legal case Bridgeman Art Library v. Corel Corp. found that there is no originality where the aim and the result is a faithful and exact reproduction of the original work. The case was heard twice in New York, once applying UK law and once applying US law. It cited the prior UK case of Interlego v Tyco Industries (1988) in which Lord Oliver stated that “Skill, labour or judgement merely in the process of copying cannot confer originality.”

“What is important about a drawing is what is visually significant and the re-drawing of an existing drawing […] does not make it an original artistic work, however much labour and skill may have gone into the process of reproduction […]”

The Interlego judgement had itself drawn upon another UK case two years earlier, Coca-Cola Go’s Applications, in which the House of Lords drew attention to the “undesirability” of plaintiffs seeking to expand intellectual property law beyond the purpose of its creation in order to create an “undeserving monopoly”. It commented on this, that “To accord an independent artistic copyright to every such reproduction would be to enable the period of artistic copyright in what is, essentially, the same work to be extended indefinitely… ”

The Bridgeman case concluded that whether under UK or US law, such reproductions of copyright-expired material were not capable of being copyrighted.

The unsuccessful plaintiff, Bridgeman Art Library, stated in 2006 in written evidence to the House of Commons Committee on Culture, Media and Sport that it was “looking for a similar test case in the U.K. or Europe to fight which would strengthen our position”.

The National Portrait Gallery is a non-departmental public body based in London England and sponsored by the Department for Culture, Media and Sport. Founded in 1856, it houses a collection of portraits of historically important and famous British people. The gallery contains more than 11,000 portraits and 7,000 light-sensitive works in its Primary Collection, 320,000 in the Reference Collection, over 200,000 pictures and negatives in the Photographs Collection and a library of around 35,000 books and manuscripts. (More on the National Portrait Gallery here)

The gallery’s solicitors are Farrer & Co LLP, of London. Farrer’s clients have notably included the British Royal Family, in a case related to extracts from letters sent by Diana, Princess of Wales which were published in a book by ex-butler Paul Burrell. (In that case, the claim was deemed unlikely to succeed, as the extracts were not likely to be in breach of copyright law.)

Farrer & Co have close ties with industry interest groups related to copyright law. Peter Wienand, Head of Intellectual Property at Farrer & Co., is a member of the Executive body of the Museums Copyright Group, which is chaired by Tom Morgan, Head of Rights and Reproductions at the National Portrait Gallery. The Museums Copyright Group acts as a lobbying organization for “the interests and activities of museums and galleries in the area of [intellectual property rights]”, which reacted strongly against the Bridgeman Art Library v. Corel Corp. case.

Wikimedia Commons is a repository of images, media, and other material free for use by anyone in the world. It is operated by a community of 21,000 active volunteers, with specialist rights such as deletion and blocking restricted to around 270 experienced users in the community (known as “administrators”) who are trusted by the community to use them to enact the wishes and policies of the community. Commons is hosted by the Wikimedia Foundation, a charitable body whose mission is to make available free knowledge and historic and other material which is legally distributable under US law. (More on Commons here)

The legal threat also sparked discussions of moral issues and issues of public policy in several Internet discussion fora, including Slashdot, over the weekend. One major public policy issue relates to how the public domain should be preserved.

Some of the public policy debate over the weekend has echoed earlier opinions presented by Kenneth Hamma, the executive director for Digital Policy at the J. Paul Getty Trust. Writing in D-Lib Magazine in November 2005, Hamma observed:

“Art museums and many other collecting institutions in this country hold a trove of public-domain works of art. These are works whose age precludes continued protection under copyright law. The works are the result of and evidence for human creativity over thousands of years, an activity museums celebrate by their very existence. For reasons that seem too frequently unexamined, many museums erect barriers that contribute to keeping quality images of public domain works out of the hands of the general public, of educators, and of the general milieu of creativity. In restricting access, art museums effectively take a stand against the creativity they otherwise celebrate. This conflict arises as a result of the widely accepted practice of asserting rights in the images that the museums make of the public domain works of art in their collections.”

He also stated:

“This resistance to free and unfettered access may well result from a seemingly well-grounded concern: many museums assume that an important part of their core business is the acquisition and management of rights in art works to maximum return on investment. That might be true in the case of the recording industry, but it should not be true for nonprofit institutions holding public domain art works; it is not even their secondary business. Indeed, restricting access seems all the more inappropriate when measured against a museum’s mission — a responsibility to provide public access. Their charitable, financial, and tax-exempt status demands such. The assertion of rights in public domain works of art — images that at their best closely replicate the values of the original work — differs in almost every way from the rights managed by the recording industry. Because museums and other similar collecting institutions are part of the private nonprofit sector, the obligation to treat assets as held in public trust should replace the for-profit goal. To do otherwise, undermines the very nature of what such institutions were created to do.”

Hamma observed in 2005 that “[w]hile examples of museums chasing down digital image miscreants are rare to non-existent, the expectation that museums might do so has had a stultifying effect on the development of digital image libraries for teaching and research.”

The NPG, which has been taking action with respect to these images since at least 2005, is a public body. It was established by Act of Parliament, the current Act being the Museums and Galleries Act 1992. In that Act, the NPG Board of Trustees is charged with maintaining “a collection of portraits of the most eminent persons in British history, of other works of art relevant to portraiture and of documents relating to those portraits and other works of art”. It also has the tasks of “secur[ing] that the portraits are exhibited to the public” and “generally promot[ing] the public’s enjoyment and understanding of portraiture of British persons and British history through portraiture both by means of the Board’s collection and by such other means as they consider appropriate”.

Several commentators have questioned how the NPG’s statutory goals align with its threat of legal action. Mike Masnick, founder of Techdirt, asked “The people who run the Gallery should be ashamed of themselves. They ought to go back and read their own mission statement[. …] How, exactly, does suing someone for getting those portraits more attention achieve that goal?” (external link Masnick’s). L. Sutherland of Bigmouthmedia asked “As the paintings of the NPG technically belong to the nation, does that mean that they should also belong to anyone that has access to a computer?”

Other public policy debates that have been sparked have included the applicability of U.K. courts, and U.K. law, to the actions of a U.S. citizen, residing in the U.S., uploading files to servers hosted in the U.S.. Two major schools of thought have emerged. Both see the issue as encroachment of one legal system upon another. But they differ as to which system is encroaching. One view is that the free culture movement is attempting to impose the values and laws of the U.S. legal system, including its case law such as Bridgeman Art Library v. Corel Corp., upon the rest of the world. Another view is that a U.K. institution is attempting to control, through legal action, the actions of a U.S. citizen on U.S. soil.

David Gerard, former Press Officer for Wikimedia UK, the U.K. chapter of the Wikimedia Foundation, which has been involved with the “Wikipedia Loves Art” contest to create free content photographs of exhibits at the Victoria and Albert Museum, stated on Slashdot that “The NPG actually acknowledges in their letter that the poster’s actions were entirely legal in America, and that they’re making a threat just because they think they can. The Wikimedia community and the WMF are absolutely on the side of these public domain images remaining in the public domain. The NPG will be getting radioactive publicity from this. Imagine the NPG being known to American tourists as somewhere that sues Americans just because it thinks it can.”

Benjamin Crowell, a physics teacher at Fullerton College in California, stated that he had received a letter from the Copyright Officer at the NPG in 2004, with respect to the picture of the portrait of Isaac Newton used in his physics textbooks, that he publishes in the U.S. under a free content copyright licence, to which he had replied with a pointer to Bridgeman Art Library v. Corel Corp..

The Wikimedia Foundation takes a similar stance. Erik Möller, the Deputy Director of the US-based Wikimedia Foundation wrote in 2008 that “we’ve consistently held that faithful reproductions of two-dimensional public domain works which are nothing more than reproductions should be considered public domain for licensing purposes”.

Contacted over the weekend, the NPG issued a statement to Wikinews:

“The National Portrait Gallery is very strongly committed to giving access to its Collection. In the past five years the Gallery has spent around £1 million digitising its Collection to make it widely available for study and enjoyment. We have so far made available on our website more than 60,000 digital images, which have attracted millions of users, and we believe this extensive programme is of great public benefit.

“The Gallery supports Wikipedia in its aim of making knowledge widely available and we would be happy for the site to use our low-resolution images, sufficient for most forms of public access, subject to safeguards. However, in March 2009 over 3000 high-resolution files were appropriated from the National Portrait Gallery website and published on Wikipedia without permission.

“The Gallery is very concerned that potential loss of licensing income from the high-resolution files threatens its ability to reinvest in its digitisation programme and so make further images available. It is one of the Gallery’s primary purposes to make as much of the Collection available as possible for the public to view.

“Digitisation involves huge costs including research, cataloguing, conservation and highly-skilled photography. Images then need to be made available on the Gallery website as part of a structured and authoritative database. To date, Wikipedia has not responded to our requests to discuss the issue and so the National Portrait Gallery has been obliged to issue a lawyer’s letter. The Gallery remains willing to enter into a dialogue with Wikipedia.

In fact, Matthew Bailey, the Gallery’s (then) Assistant Picture Library Manager, had already once been in a similar dialogue. Ryan Kaldari, an amateur photographer from Nashville, Tennessee, who also volunteers at the Wikimedia Commons, states that he was in correspondence with Bailey in October 2006. In that correspondence, according to Kaldari, he and Bailey failed to conclude any arrangement.

Jay Walsh, the Head of Communications for the Wikimedia Foundation, which hosts the Commons, called the gallery’s actions “unfortunate” in the Foundation’s statement, issued on Tuesday July 14:

“The mission of the Wikimedia Foundation is to empower and engage people around the world to collect and develop educational content under a free license or in the public domain, and to disseminate it effectively and globally. To that end, we have very productive working relationships with a number of galleries, archives, museums and libraries around the world, who join with us to make their educational materials available to the public.

“The Wikimedia Foundation does not control user behavior, nor have we reviewed every action taken by that user. Nonetheless, it is our general understanding that the user in question has behaved in accordance with our mission, with the general goal of making public domain materials available via our Wikimedia Commons project, and in accordance with applicable law.”

The Foundation added in its statement that as far as it was aware, the NPG had not attempted “constructive dialogue”, and that the volunteer community was presently discussing the matter independently.

In part, the lack of past agreement may have been because of a misunderstanding by the National Portrait Gallery of Commons and Wikipedia’s free content mandate; and of the differences between Wikipedia, the Wikimedia Foundation, the Wikimedia Commons, and the individual volunteer workers who participate on the various projects supported by the Foundation.

Like Coetzee, Ryan Kaldari is a volunteer worker who does not represent Wikipedia or the Wikimedia Commons. (Such representation is impossible. Both Wikipedia and the Commons are endeavours supported by the Wikimedia Foundation, and not organizations in themselves.) Nor, again like Coetzee, does he represent the Wikimedia Foundation.

Kaldari states that he explained the free content mandate to Bailey. Bailey had, according to copies of his messages provided by Kaldari, offered content to Wikipedia (naming as an example the photograph of John Opie‘s 1797 portrait of Mary Wollstonecraft, whose copyright term has since expired) but on condition that it not be free content, but would be subject to restrictions on its distribution that would have made it impossible to use by any of the many organizations that make use of Wikipedia articles and the Commons repository, in the way that their site-wide “usable by anyone” licences ensures.

The proposed restrictions would have also made it impossible to host the images on Wikimedia Commons. The image of the National Portrait Gallery in this article, above, is one such free content image; it was provided and uploaded to the Wikimedia Commons under the terms of the GNU Free Documentation Licence, and is thus able to be used and republished not only on Wikipedia but also on Wikinews, on other Wikimedia Foundation projects, as well as by anyone in the world, subject to the terms of the GFDL, a license that guarantees attribution is provided to the creators of the image.

As Commons has grown, many other organizations have come to different arrangements with volunteers who work at the Wikimedia Commons and at Wikipedia. For example, in February 2009, fifteen international museums including the Brooklyn Museum and the Victoria and Albert Museum established a month-long competition where users were invited to visit in small teams and take high quality photographs of their non-copyright paintings and other exhibits, for upload to Wikimedia Commons and similar websites (with restrictions as to equipment, required in order to conserve the exhibits), as part of the “Wikipedia Loves Art” contest.

Approached for comment by Wikinews, Jim Killock, the executive director of the Open Rights Group, said “It’s pretty clear that these images themselves should be in the public domain. There is a clear public interest in making sure paintings and other works are usable by anyone once their term of copyright expires. This is what US courts have recognised, whatever the situation in UK law.”

The Digital Britain report, issued by the U.K.’s Department for Culture, Media, and Sport in June 2009, stated that “Public cultural institutions like Tate, the Royal Opera House, the RSC, the Film Council and many other museums, libraries, archives and galleries around the country now reach a wider public online.” Culture minster Ben Bradshaw was also approached by Wikinews for comment on the public policy issues surrounding the on-line availability of works in the public domain held in galleries, re-raised by the NPG’s threat of legal action, but had not responded by publication time.

Sunday, October 7, 2007

Shona Bracken is running for the Communist Party in the Ontario provincial election in Toronto—Danforth. Wikinews interviewed her regarding her values, her experience, and her campaign.

Thursday, October 25, 2007

The United Nations Environment Programme (UNEP) has released a comprehensive report on the current state of the global environment. Climate change, food and water shortage and a decline in biodiversity threaten humanity’s survival, so urgent action is necessary, the report warns.

UNEP’s Global Environment Outlook: environment for development (GEO-4) report involved the work of about 390 experts in various fields from around the world.

While the GEO-4 report salutes some improvements, for example the increased public awareness of environmental issues and political interest, it also warns that “There are no major issues… for which the foreseeable trends are favourable.” Although the report sets out a gloomy scenario, its main aim is to call for action.

Sunday, August 21, 2005

A robotic system at Stanford Medical Center was used to perform a laparoscopic gastric bypass surgery successfully with a theoretically similar rate of complications to that seen in standard operations. However, as there were only 10 people in the experimental group (and another 10 in the control group), this is not a statistically significant sample.

If this surgical procedure is as successful in large-scale studies, it may lead the way for the use of robotic surgery in even more delicate procedures, such as heart surgery. Note that this is not a fully automated system, as a human doctor controls the operation via remote control. Laparoscopic gastric bypass surgery is a treatment for obesity.

There were concerns that doctors, in the future, might only be trained in the remote control procedure. Ronald G. Latimer, M.D., of Santa Barbara, CA, warned “The fact that surgeons may have to open the patient or might actually need to revert to standard laparoscopic techniques demands that this basic training be a requirement before a robot is purchased. Robots do malfunction, so a backup system is imperative. We should not be seduced to buy this instrument to train surgeons if they are not able to do the primary operations themselves.”

There are precedents for just such a problem occurring. A previous “new technology”, the electrocardiogram (ECG), has lead to a lack of basic education on the older technology, the stethoscope. As a result, many heart conditions now go undiagnosed, especially in children and others who rarely undergo an ECG procedure.

Friday, September 28, 2012

Melbourne, Australia — Monday, following her return from London, Wikinews talked with Amanda Carter, the longest-serving member of Australia’s national wheelchair basketball team (the Gliders).

((Wikinews)) You’re Amanda Carter!

Amanda Carter: Yes!

((WN)) And, where were you born?

Amanda Carter: I was born in Melbourne.

((WN)) It says here that you spent your childhood living in Banyule?

Amanda Carter: City of Banyule, but I was West Heidelberg.

((WN)) Okay. And you used to play netball when you were young?

Amanda Carter: Yes.

((WN)) And you’re an occupational therapist, and you have a son called Alex?

Amanda Carter: Yes. It says “occupational therapist” on the door even. And I do have a son called Alex. Which is him there [pointing to his picture].

((WN)) Any more children?

Amanda Carter: No, just the one.

((WN)) You began playing basketball in 1991.

Amanda Carter: Yes.

((WN)) And that you’re a guard.

Amanda Carter: Yes.

((WN)) And that you are a one point player.

Amanda Carter: Yes.

((WN)) And you used to be a two point player?

Amanda Carter: I used to be a two point player.

((WN)) When were you first selected for the national team?

Amanda Carter: 1992.

((WN)) And that was for Barcelona?

Amanda Carter: It was for a tournament prior to then. Australia had to qualify at a pre-Paralympic tournament in England in about April of 1992 and I was selected for that. And that was my first trip overseas with the Gliders.

((WN)) How did we go?

Amanda Carter: We won that tournament, which qualified us for Barcelona.

((WN)) And what was Barcelona like?

Amanda Carter: Amazing. I guess because it was my first Paralympics. I hadn’t long been in a wheelchair, so all of it was pretty new to me. Barcelona was done very, very well. I guess Australia wasn’t expected to do very well and finished fourth, so it was a good tournament for us.

((WN)) Did you play with a club as well?

Amanda Carter: I did. I played in the men’s league at that point. Which was Dandenong Rangers. It had a different name back then. I can’t remember what they were called back then but eventually it became the Dandenong Rangers.

((WN)) The 1994 World Championships. Where was that at?

Amanda Carter: Good question. Very good question. I think it was in Stoke. ‘Cause 1998 was Sydney, so I’ve got a feeling that it was in Stoke Mandeville in England.

((WN)) Which brings us to 1996.

Amanda Carter: Atlanta!

((WN)) Your team finished fourth.

Amanda Carter: Yes.

((WN)) Lost to the Unites States in the bronze medal game in front of a crowd of 5,000.

Amanda Carter: That would have been about right. It was pretty packed.

((WN)) That must have been awesome.

Amanda Carter: It was. It was. I guess also because it was the USA. It was their home crowd and everything, so it was a very packed game.

((WN)) They also have a fondness for the sport.

Amanda Carter: They do. They love basketball. But Atlanta again was done very well. Would have been nice to get the medal, ‘cause I think we sort of had bigger expectations of ourselves at that point, ‘cause we weren’t the new kids on the block at that point but still finished fourth.

((WN)) They kept on saying in London that the Gliders have never won.

Amanda Carter: We’ve never won a gold, no. Not at World’s or Paralympics.

((WN)) So that was Atlanta. Then there was another tournament, the 1998 Gold Cup.

Amanda Carter: Yes. Which was the World Championships held in Sydney.

((WN)) How did we go in that?

Amanda Carter: Third.

((WN)) But that qualified… no, wait, we didn’t need to qualify…

Amanda Carter: We didn’t need to qualify.

((WN)) You were the second leading scorer in the event, with thirty points scored for the competition.

Amanda Carter: Yes. Which was unusual for a low pointer.

((WN)) In basketball, some of the low pointers do pretty well.

Amanda Carter: Yeah, but in those days I guess it was more unusual for a low pointer to be more a scorer.

((WN)) I notice the scores seem lower than the ones in London.

Amanda Carter: Yes. I think over time the women’s game has developed. Girls have got stronger and they’re competing against guys. Training has got better, and all sorts of things. So teams have just got better.

((WN)) How often do the Gliders get together? It seems that you are all scattered all over the country normally.

Amanda Carter: Yes. I mean we’ve got currently three in Perth, four in Melbourne, four in New South Wales, and one in Brisbane out of the twelve that were in London. But the squad is bigger again. We usually get together probably every six or eight weeks.

((WN)) That’s reasonably often.

Amanda Carter: Cost-wise it’s expensive to get us all together. What we sometimes do is tack a camp on to the Women’s League, when we’re mostly all together anyway, no matter where it is, and we might stay a couple of extra days in order to train together. But generally if we come into camp it would be at the AIS.

((WN)) I didn’t see you training in Sydney this time… then you went over to…

Amanda Carter: Perth. And then we stayed in Perth the extra few days.

((WN)) 2000. Sydney. Two Australia wins for the first time against Canada. In the team’s 52–50 win against Canada you scored a lay up with sixteen seconds left in the match.

Amanda Carter: I did! That was pretty memorable actually, ‘cause Canada had a press on, and what I did was, I went forward and then went back, and they didn’t notice me sitting behind. Except Leisl did in my team, who was inbounding the ball, and Leisl hurled a big pass to almost half way to me, which I ran on to and had an open lay up. And the Canadians, you could just see the look on their faces as Leisl hurled this big pass, thinking “but we thought we had them all trapped”, and then they’ve looked and seen that I’m already over half way waiting for this pass on an open lay up. Scariest lay up I’ve ever taken, mind you, because when you know there’s no one on you, and this is the lay up that could win the game, it’s like: “Don’t miss this! Don’t miss this!” And I just thought: “Just training” Ping!

((WN)) That brings us to the 2000 Paralympics. It says you missed the practice game beforehand because of illness, and half the team had some respiratory infection prior to the game.

Amanda Carter: Yeah.

((WN)) You scored twelve points against the Netherlands, the most that you’ve ever scored in an international match.

Amanda Carter: Quite likely, yeah.

((WN)) At one point you made four baskets in a row.

Amanda Carter: I did!

((WN)) The team beat Japan, and went into the gold medal game. You missed the previous days’ training session due to an elbow injury?

Amanda Carter: No, I got the elbow injury during the gold medal game.

((WN)) During the match, you were knocked onto your right side, and…

Amanda Carter: The arm got trapped underneath the wheelchair.

((WN)) Someone just bumped you?

Amanda Carter: Tracey Fergusson from Canada.

((WN)) You were knocked down and you tore the tendons in your elbow, which required an elbow reconstruction…

Amanda Carter: Yes. And multiple surgeries after that.

((WN)) You spent eleven weeks on a CPM machine – what’s a CPM machine?

Amanda Carter: It’s a continuous passive movement machine. You know what they use for the footballers after they’ve had a knee reconstruction? It’s a machine that moves their knee up and down so it doesn’t stiffen. And they start with just a little bit of movement following the surgery and they’re supposed to get up to about 90 degrees before they go home. There was only one or two elbow machines in the country, so they flew one in from Queensland for me to use, to try and get my arm moving.

((WN)) You’re right handed?

Amanda Carter: Yes.

((WN)) So, how’s the movement in the right arm today?

Amanda Carter: I still don’t have full movement in it. And I’ve had nine surgeries on it to date.

((WN)) You still can’t fully flex the right hand.

Amanda Carter: I also in 2006 was readmitted back to hospital with another episode of transverse myelitis, which is my original disability, which then left me a C5 incomplete quad, so it then affected my right arm, in addition to the elbow injury. So, I’ve now got weakness in my triceps, biceps, and weakness in my hand on my right side. And that was following the birth of my son.

((WN)) How old is he now?

Amanda Carter: He’s seven. I had him in July 2005, and then was readmitted to hospital in early 2006 with another episode of transverse myelitis.

((WN)) So that recurs, does it?

Amanda Carter: It can. And it has a higher incidence of recurring post pregnancy. And around the age of forty. And I was both, at the same time.

((WN)) So you gave up wheelchair basketball after the 2000 games?

Amanda Carter: I did. I was struggling from… In 2000 I had the first surgery so I literally arrived back in Melbourne and on to an operating table for the ruptured tendons. Spent the next nine months in hospital from that surgery. So I had the surgery and then went to rehab for nine months, inpatient, so it was a big admission, because I also had a complication where I grew heterotopic bone into the elbow, so that was also causing some of the sticking and things. And then went back to a camp probably around 2002, and was selected to go overseas. And at that point got a pressure sore, and decided not to travel, because I thought the risk of travelling with the pressure sore was an additional complication, and at that point APC were also saying that if I was to go overseas, because I had a “pre existing” elbow injury, that they wouldn’t cover me insurance-wise. So I though: “hmmm Do I go overseas? Don’t I go overseas?”

((WN)) Did they cover you from the 2000 injury?

Amanda Carter: Yes. They covered me for that one. But because that had occurred, they then said that they would not cover if my arm got hurt again. And given that the tournament was the Roosevelt Cup in the US, and that we don’t have reciprocal health care rights, the risk was that if I fell, or landed on my arm and got injured, I could end up with a huge medical bill from the US and lose my house. So I decided not to play, and at that point I guess then decided to back off from basketball a little bit at that point. But then, after I had my son, and I had the other episode of transverse myelitis, in 2008, I just happened to come across the coach for the women’s team…

((WN)) Who was that?

Amanda Carter: It was Brendan Stroud at the time, who was coaching the Dandenong Rangers women’s team. I just happened to cross him at Northland, the shopping centre. And he said: “Why don’t you come out and play for Dandenong?” I was looking fit and everything else, so I thought “Okay, I’ll come out to one training session and see how I go.” And from there played in the 2008 Women’s National League. And was voted MVP — most valuable one-pointer, and all-star five. So at that point, in 2009, after that, they went to Beijing, so I watched Beijing from home, because I wasn’t involved in the Gliders program. I just really came back to do women’s league. In 2009, I received some phone calls from the coaching staff, John Trescari, who was coaching the Gliders at that point, who invited me back in to the Glider’s training program, about February, and I said I would come to the one camp and see how I went. And went to the one camp and then got selected to go to Canada. So, since then I’ve been back in the team.

((WN)) Back in the Gliders again.

Amanda Carter: Yeah!

((WN)) And of course you got selected for 2012…

Amanda Carter: Yes.

((WN)) My recollection is that you weren’t on the court a great deal, but there was a game when you scored five points?

Amanda Carter: Yeah! Within a couple of minutes.

((WN)) That was against Mexico.

Amanda Carter: Yes. That was a good win, actually, that one.

((WN)) The strange thing was that afterwards the Mexicans were celebrating like they’d won…

Amanda Carter: Oh yeah! It was very strange. I guess one of the things that, like, I am in some ways the backup one pointer in some ways, but what gives me my one point classification, because I used to be a two, is my arm, the damage I received, and the quadriplegia from the transverse myelitis. So despite the fact I probably shoot more accurately that most people in the team, because I’ve just had to learn to shoot, it also slows me down; I’m not the quickest in the team for getting up and down the court, because of having trouble with grip and stuff on my right hand to push. I push reasonably quick! Most people would say I’m reasonably quick, but when you at me in comparison to, say, the other eleven girls in the team, I am not as quick.

((WN)) The speed at which things move is quite astonishing.

Amanda Carter: Yeah, and my ability is more in knowing where people want to get to, so I aim to get there first by taking the most direct route. [laughter]

((WN)) Because you are the more experienced player.

Amanda Carter: Yeah!

((WN)) And now you have another silver medal.

Amanda Carter: Yes. Which is great.

((WN)) We double-checked, and there was nobody else on the team who had been in Sydney, much less Barcelona or Atlanta.

Amanda Carter: I know.

((WN)) Most of the Gliders seem to have come together in 2004, the current roster.

Amanda Carter: Yes, most since 2004, and some since 2008. And of course there are three newbies for 2012.

((WN)) Are you still playing?

Amanda Carter: I’m having a rest at this particular point. Probably because it’s been a long campaign of the training over the four years. I guess more intense over the last eighteen months or so. At the moment I am having a short break just to spend some time with my son. Those sorts of things. ‘Cause he stayed at home rather than come to London.

((WN)) You would have been isolated from him anyway.

Amanda Carter: And that’s the thing. We just decided that if he had come, it would have been harder for him, knowing he’d have five minutes a day or twenty minutes or something like that where he could see me versus he spoke to me for an hour on Skype every day. So, I think it would have been harder to say to Alex: “Look, you can’t come back to the village. You need to go with my friend now” and stuff like that. So he made the decision that he wanted to stay, and have his normal routine of school activities, and just talk to mum on Skype every day.

((WN)) Fair enough.

Amanda Carter: Yeah! But I haven’t decided where to [go] from here.

((WN)) You will continue playing with the club?

Amanda Carter: I ‘ll still keep playing women’s league, but not sure about some of the international stuff. And who knows? I may well still, but at this point I’m just leaving my options open. It’s too early to say which way I’m going to go.

((WN)) Is there anything else you’d like to say about your record? Which is really impressive. I can count the number of Paralympians who were on Team Australia in London who were at the Sydney games on my fingers.

Amanda Carter: Yes!

((WN)) Greg Smith obviously, who was carrying the flag…

Amanda Carter: Libby Kosmala… Liesl Tesch… I’ve got half my hand already covered!

((WN)) What I basically wanted to ask was what sort of changes you’ve seen with the Paralympics over that time — 1992 to 2012.

Amanda Carter: I think the biggest change has been professionalism of Paralympic sports. I think way back in ’92, especially in basketball, I guess, was that there weren’t that many girls and as long as you trained a couple of times a week, and those sorts of things, you could pretty much make the team. It wasn’t as competitive. This campaign, certainly, we’ve had a lot more than the twelve girls who were vying for those twelve positions. The ones who certainly didn’t make the team still trained as hard and everything as the ones who did. And just the level of training has changed. Like, I remember for 2012 I’d still go and train, say, four, five times a week, and that’s mostly shooting and things like that, but now it’s not just about the shooting court skills, it’s very much all the gym sessions, the strength and conditioning. Chair skills, ball skills, shooting, those sorts of things to the point where leading in to London, I was doing twelve sessions a week. So it was a bigger time commitment. So the level of commitment and the skill level of the team has improved enormously over that twenty years. I think you see that in other sports where the records are so much, throwing records, the greater distances, people jump further in long jump. Speeds have improved, not just with technology, but dedication to training and other areas. So I think that’s the big thing. I think also the public’s view of the Paralympics has changed a lot, in that it was seen more as, “oh, isn’t it good that they’re participating” in 1992, where I think the general public understands the professionalism of athletes now in the Paralympics. And that’s probably the biggest change from a public perspective.

((WN)) To me… London… the coverage on TV in Britain, but also here, some countries are ahead of others, but basically it’s being treated like the Olympics.

Amanda Carter: Yeah! Yeah. There wasn’t a lot of difference between.

((WN)) Huge crowds…

Amanda Carter: Huge crowds! We played for our silver medal in a sell-out crowd… you couldn’t see a vacant seat around the place.

((WN)) I was looking around the North Greenwich Arena…And that arena! The seats went up and up and up! And as it was filling on the night, you could see that even that top deck had people sitting in it. I guess in 2000 even, to fill stadiums, which we did, we gave APC and school programs, a lot of school kids came to fill seats and things. We didn’t necessarily see that in London. They were paid seats! People had gone out and spent money on tickets to come and see that sport.

((WN)) I saw school groups at the football and the goalball, but not at the basketball.

Amanda Carter: No. Which is a big difference also, that people are willing to come and pay to watch that level of sport.

((WN)) I was very impressed with the standard of play.

Amanda Carter: The standard, over the years, has improved so much. But the good thing is, we’re looking at development. So we’ve got the next rung of girls, and guys, coming through the group. Like, we’ve got girls that weren’t necessarily up to selection for London but will probably be right up there for Rio… Our squad will open, come January, for the first training camp. That will be an invitational to most of the girls who are playing women’s league and those sorts of things, and from there they’ll do testing and stuff, cutting down and they’ll select a side for Osaka for February, but the program will remain open leading into the next world championship, which is in Canada.

((WN)) What’s in Osaka?

Amanda Carter: The Osaka Cup. It’s held every year in February, so that will be the Gliders’ first major tournament…

((WN)) After the Paralympics.

Amanda Carter: Yeah. So everyone’s taking an opportunity now to have a bit of a break.

((WN)) And then after that?

Amanda Carter: It’s the world championships in 2014 in Canada. So that will be what they’re next training to.

((WN)) How many tournaments do they normally play each year?

Amanda Carter: We’ve played a few. And you often play more in a Paralympic year, because you’re looking to see the competition, and the other teams, and those sorts of things, so… This year we did Osaka, which Canada went to, China went to… Japan, and us. We then went to — and we’d previously just been to Korea last November for qualification. We’ve been over to Germany. We’ve been to Manchester. So we’ve had a few tournaments where we’ve travelled. And then we’ve had of course a tournament in Sydney about three weeks before we went to London. And then of course we went to the Netherlands, before we went on to Cardiff in Wales.

((WN)) You played a tournament in the Netherlands?

Amanda Carter: Yes. Of four nations — five nations. We had Mexico at the tournament… GB… Netherlands… us… and there was one other… There were five of us at the tournament. It was a sort of warm up going in to… Canada! Canada it was. Canada was the fifth team. Because Canada stayed on and continued to train in the Netherlands. So they were good teams. Mexico we don’t often get a look at so it was a good chance to get a look at them at tournaments and things like that. And then flew back in to Heathrow and then in to Cardiff to train for the last six days leading in to London.

((WN)) Thank you very much for that.

Amanda Carter: That’s okay!

Thursday, April 9, 2009

Protests which began Monday escalated to a riot on Wednesday consisting of over 10,000 people in Chi?in?u, the capital of Moldova, protesting the results of Sunday’s 2009 Moldovan parliamentary election, which showed an apparent, narrow victory for the Communist Party (Partidul Comuni?tilor din Republica Moldova, PCRM). Demonstrators claim the victory was the result of electoral fraud.

The demonstration escalated to a “flash mob” of between 10,000 to 15,000 communicating via online tools like email, micro-blogging tool Twitter, and social-networking website Facebook. “We sent messages on Twitter but didn’t expect 15,000 people to join in. At the most we expected 1,000”, said Oleg Brega of the activist group Hyde Park.

Police deployed tear gas and water cannons, and fired blanks into the crowd. The rioters threw stones at the riot police and took control of the parliament building and presidential office. A bonfire was built out of parliamentary furniture and all windows below the 7th floor were broken.

Approximately one hundred protesters and 170 police officers are reported as injured. There have been conflicting reports as to whether a female protester died during the altercation.

193 protesters “have been charged with looting, hooliganism, robbery and assault,” said an Interior Ministry spokesperson. This announcement sparked another protest by those demanding the release for those detained.

There is wide speculation about who was to blame for the rioting.

President Vladimir Voronin has expelled the Romanian ambassador from Moldova, blaming Romania for the violent protests. “We know that certain political forces in Romania are behind this unrest. The Romanian flags fixed on the government buildings in Chisinau attest to this” said Voronin. “Romania is involved in everything that has happened.“ Voronin also blamed the protests on opposition leaders who used violence to seize power, and has described the event as a coup d’état.

Protesters initially insisted on a recount of the election results and are now calling for a new vote, which has been rejected by the government. Rioters were also demanding unification between Moldova and Romania. “In the air, there was a strong expectation of change, but that did not happen”, said OSCE spokesman Matti Sidoroff.File:Dorin Chirtoaca.jpg

“The elections were fraudulent, there was multiple voting” accused Chi?in?u mayor Dorin Chirtoac? of the Liberal Party. “It’s impossible that every second person in Moldova voted for the Communists. However, we believe the riots were a provocation and we are now trying to reconcile the crowd. Leaders of all opposition parties are at the scene,” said Larissa Manole of the Liberal Democratic Party of Moldova.

The Organisation for Security and Cooperation in Europe (OSCE) proclaimed the PCRM to have won 61 seats in initial counts, enough to guarantee a third term in power for Voronin, who has held the position since 2001. But the Central Election Commission has received evidence of election violations, according to RIA Novosti, and upon recounts conducted of disputed polls, the commission reported that the Communists achieved 49.48% of the Moldovian vote, giving them 60 parliamentary seats — one short of the total needed to win the presidential election. “The electoral commission also granted opposition parties permission to check voter lists, fulfilling one of their chief demands,” said Yuri Ciocan, Central Election Commission secretary.

Voronin will step down in May, however his party could elect a successor with 61 parliamentary seats without any votes from outside parties as well as amend the Constitution. With the PCRM garnering 60 seats, the opposition will have a voice in the presidential election for a new successor.

The western part of Moldova was a part of Romania from the Romania’s independence until the region was detached by the USSR in 1940 to form the Moldavian Soviet Socialist Republic. On independence in 1990 the country sought union with Romania but the eastern, Russian- and Ukrainian-inhabited areas of the country declared themselves independent from Moldova and formed the state of Transnistria and movement toward union was halted.

Moldova is Europe’s poorest country, where average income is less than $250 (£168) a month. The country’s neighbours are Romania and Ukraine. Romania is a European Union (EU) state.

[edit]