Elderly restaurant owner arrested for performing Beatles songs at his establishment

A few days ago, the Japanese Society for Rights of Authors, Composers and Publishers (JASRAC, an artist copyright lobby similar to ASCAP/RIAA) was arrested for performing copyrighted music by artists including the Beatles at a restaurant he owned. Joi Ito posted an outline of the initial coverage of this incident, but I’m here to pass along some more detailed information, gleaned from J-cast, an online news site:

Arrested for performing the Beatles!

The owner of a restaurant (age 73) was arrested for holding live performances of songs whose copyrights are under tha management of industry association JASRAC without obtaining the group’s permission. Cases of copyright law violations that lead to arrest are extremely rare. JASRAC has commented that “there was no other way,” but criticism of JASRAC, who filed the criminal complaint, have arisen on the Internet.

According to the Tokyo Metropolitan Police Agency (MPA), the man is accused of copyright violation for performing The Beatles’ “Here, There, and Everywhere,” “Liverpool and All the World!” etc, which are managed by JASRAC, in his restaurant on the piano and harmonica for his customers without receiving JASRAC’s approval.
Continue reading Elderly restaurant owner arrested for performing Beatles songs at his establishment

Don’t mess with 2ch: ZAKZAK, Sankei Sports report

A couple interesting articles on the building discontent with 2ch and its founder’s scofflaw ways. Debito has the articles full-text in Japanese only on his awesome new blog (such discrimination!) but I have decided to translate them (not verbatim but true to the original, as usual) for the discerning English-reading public. BTW, I’ll only have really nice things to say about 2ch in the future:

ZAKZAK!

2-Channel in a state of lawlessness – Attacks on individuals left on the site

A 30-year-old customer service worker recalls her painful memories:

hiroyuki 061105sha20061105001_MDE00430G061104T.jpg“I went back to my parents’ house after my home address was revealed on the Internet, but harassing phone calls kept coming into my office. Even my customers started to distrust me, thinking that I had someone (harassing me).”

The woman took the brunt of insults such as “ex-prostitute,” “too much plastic surgery,” and threats including “I’ll kill you,” and “Just die.”

There were rumors that “an old acquaintence in the same business posted the offending material around the time when (the woman) opened her own store,” but the “culprit” could not be identified. The woman filed a civil law suit holding message board’s moderator Hiroyuki Nishimura (age 29, pictured) responsible.

The Tokyo Regional Court ordered deletion of the posts and 1 million yen in compensation, but the court victory spawed a second round of attacks. On 2ch, there were several posts including “don’t get bent out of shape over such things,” “I’ll beat you to death,” and “Hurry up and hang yourself.” Her workplace’s web site was also flooded with similar posts, shutting it down. The woman took leave from work for a while due to the stress.

Nishimura’s reaction at the time was, “Since it wasn’t just a demand to delete the posts, but litigation to take money from the message board’s moderator, I think it happened because it provoked protest from regular users.”
Continue reading Don’t mess with 2ch: ZAKZAK, Sankei Sports report

The first baby (almost) adopted from China

The Foreign Relations of the United States series is the official documentary historical record of major U.S. foreign policy decisions that have been declassified and edited for publication. The series is produced by the State Department’s Office of the Historian and printed volumes are available from the Government Printing Office.

While perusing the table of contents of a random volume of this wonderful collection I found the following very fascinating exchange. They are of course all fascinating, but perhaps since my own little sister is adopted (although not from China) I found this one particularly special. Apologies for the lousy formatted text, but it is the product of un-edited OCR software. I have corrected a few obvious errors, but making it all pretty is a bit much.

CITIZENSHIP AND RIGHT OF ADMISSION TO THE UNITED STATES
OP A CHINESE ADOPTED BY AN AMERICAN CITIZEN.

Minister Rockhill to the Secretary of State.
No. 389.] AMERICAN LEGATION,
Peking, September 6, 1906.

SIR: I have the honor to enclose herewith copies of my correspondence with the American consul-general at Hankow regarding the adoption by an American of a Chinese baby girl. My opinion is asked as to whether the child may, through adoption, become an American citizen, and be taken to the United States and brought up as any ordinary adopted child of American extraction.

I have expressed my belief that under the present laws a Chinese infant
can not thus become an American citizen, but that possibly the child could
be taken to the United States and there educated under the privileges pertaining to the exempt classes of Chinese persons.
I have the honor to beg that the department will express its opinion as
to my course of action.
I have, etc., W. W. ROCKHILL.

[Inclosure 1.J

Mr. Martin to Mr. Rockhill

HANKOW, August 21, 1906.
SIR: I have the honor to inclose herein the copy of a letter just received
from Miss Carrie M. Ericksen, together with a copy of my answer thereto.

Will you be so kind as to express your opinion on the subject, through me,
to her, that she may be the better satisfied.
WM. MARTIN.

[Subinclosure 1.]

Miss Ericksen to Mr. Martin.

AUGUST 15, 1906.
DEAR MR. MARTIN: I am writing these few lines to ask a favor of you. We
have under our care a Chinese baby girl who was thrown out to die by her
parents and we want to know if it is possible to take her with us to the
United States next spring. If so, under what conditions. I wish to adopt
her and have her brought up in my home as an American citizen. Will you let
me hear from you at your earliest convenience, and oblige, CHINA. 289

[Subinclosure 2.]

Mr. Martin to Miss Ericlcsen.

Miss CARRIE M. ERICKSEN,
Sin Tsai Hsien, Honan:
I am in receipt of your letter dated August 15, 1906, and in reply would
say, that as to your asking whether you can take a baby Chinese girl into
the United States, you having adopted her, as far as 1 know it would not
be permitted. I will, however, communicate with the American minister at
Peking on the subject, and on receiving his answer will forward it to you.

WILLIAM MARTIN.

[Inclosure 2.]

Mr. Rockhill to Mr. Martin.

PEKING, September 6, 1906.

SIR: I have to acknowledge the receipt of your No. 218 of August 21, inclosing copies of your correspondence with Miss Carrie M. Ericksen regarding her proposed adoption of a Chinese baby girl as an American citizen and asking my opinion on the subject.
In reply I beg to say that I can find no record in this legation of a similar
case, but I am of the opinion that under the present laws the child could
not be declared a citizen of the United States through adoption. It might
be possible, however, for her to be brought to America for the purpose of
education under the laws governing persons of exempt classes, but that is
not the point upon which Miss Ericksen desires information.
I have submitted the case to the Department of State, and on receiving a
reply therefrom will immediately inform you of its contents.
W. W. ROCKHILL.

The Acting Secretary of State to Minister Rockhill.
No. 209.] DEPARTMENT OF STATE,
Washington, November ~, 1906.

SIR: In answer to your dispatch, No. 389, of September 6 last, asking whether
a Chinese child adopted by an American citizen in China may be admitted to
the United States for the purpose of being educated, I inclose herewith,
for your information, a copy of a letter from the Acting Secretary of Commerce
and Labor, stating that a~ child born of Chinese parents in China can not
be permitted to enter the United States as an American citizen because of
its adoption by a temporary resident of China who is a citizen of the United
States, and that you are correct in holding that the persons interested in
the child should adopt the usual procedure to insure its admission to this
country, namely, the procurement of a certificate under the provisions of
section 6 of the act of July 5, 1884.
I am, etc., ROBERT BACON.

How not to win an appeal

A 30-year-old man appealing a ruling of death for killing and robbing four people in separate cases in Nagano and Aichi prefectures in 2004 said Wednesday he had killed another woman in Fukushima in 2003.

In a hearing at the Tokyo High Court, Shojiro Nishimoto said, “I killed a woman probably in the city of Fukushima in around April or May of 2003,” adding that he abandoned her body “in the mountains.”

“I hit her while inattentively driving a car…(and)…strangled her with a rope as she made a struggle,” he said.

Totally defensible!

(full story)

McGowan wins appeal against racist store owner, sort of

One of our most commented-upon posts deals with the story of Steve McGowan, a black man living in Japan who lost a lawsuit against a racist optician who told him to “get out!” of the store.

Fortunately, he eventually found some semblance of justice. The Kyoto District Court’s verdict was overturned by the Osaka High Court this week, and MacGowan received ¥350,000 in emotional damages for what the court described as “an outrageous act beyond common sense.”

However, the court refused to consider the comment as discrimination per se. Exactly why is unclear, but the resulting damages award, based solely on being told in a harsh voice to leave the store (race notwithstanding), is not even enough to cover McGowan’s legal expenses (according to Debito‘s account of the situation).

So… a victory, kind of, sort of, maybe. But at least the courts aren’t total assholes.

Hikki’s mom: high-stakes drug trafficker or poor business planner?

This is a fun story:

Junko Utada, the mother of once-awesome now-lame best-selling pop singer Hikaru Utada, was detained at JFK Airport back in March. She was spotted acting rather strangely (screaming into a telephone and appearing ill) prior to boarding a flight to Vegas.

When investigators searched her luggage, they discovered she was carrying over $400,000 in cash, two boxes of somebody else’s checks, and a lease agreement to a storage unit in Manhattan. She made up a weird story about donating her casino winnings to a foster home in Vegas, but the DEA agents decided that she was probably involved in drug smuggling, and so now the government has filed suit to have the money forfeited to the feds.

It’s a very weird situation, but it’s also not entirely clear why Hikki’s mom would be running drug money around. I’m skeptical, at least. Perhaps she just got caught in the midst of a poorly-planned tax avoidance scheme. Or maybe she just never got over her clueless Japanese tourist phase.

William R. Gorham, a forgotten father of Japanese industry

[Note, this article as posted had been screwed up by a couple of misplaced cut/paste operations, and I believe has now been fixed.]

Currently caught up in a fit of techno lust over Canon’s recently announced
EOS 400D/Rebel XTi/Kiss X and feverish speculation over what they may be announcing next I’ve been spending quite a lot of time reading article and forums about their latest camera technology.

Kwanon logo

In the results of a routine Google search for “Canon history” I stumbled across this forum post on the very active photogrpahy discussion website photo.net, which in responding to a link to Canon’s own camera museum website says that he “was very interested in the brief reference to the involvement in Canon development by the American consultant, William R. Gorham, who became a naturalized Japanese citizen shortly before WWII.”

Mr. Gorman is mentioned only in a sidebar of the company history section, entitled “Valuable Suggestions Received from an Individual Outside the Company.

There was an unusual American engineer whose name was William R. Gorham. He became a naturalized citizen of Japan in l941, and made strong contributions to the establishment of Nissan Motor Company. He had his Japanese name as Katsundo Gorham, and visited Canon often during the 1940s to provide valuable suggestions and recommendations regarding the procurement of machinery and technological innovation. He proposed and implemented the concept of “Scheduled Daily Production,” in which the daily target of the production was predetermined to achieve the uniform flow of camera production. Gorham also suggested a system in which the product inspection department becomes independent of the plant manager and is placed directly under the president. In this manner, the inspection could be performed without regard to the whims of the plant manager. In addition to the introduction of the rational improvement plan, which was somewhat akin to the American method, Gorham made a tremendous contribution to the modernization of Canon through his warm and energetic personality. When Gorham passed away in October 1949, at his bedside was none other than Takeshi Mitarai.

Takeshi Mitarai was the president of Canon from 1942, and longtime friend of Saboru Uchida, co-founder of the company formed to produce the “Kwanon” Camera, which was later renamed Canon-a brand which eventually became the name of the company itself.

Amazingly, this single paragraph is virtually the only information online in English about Mr. Gorham, with scarcely more avaliable in Japanese. This one mention though is intriguing enough, with my strong interests in both history and photography, to inspire me to gather all of that information.

Probably the single best source I found is a small press / vanity press English language translation of a biography said to have been written by his colleagues following his death in 1949. Interestingly, the translator is his son Don Cyril Gorham. We will return to Cyril later on. Luckily, Lulu.com offers this book both in a $12.99 paper version and a digital download, refreshingly priced at a mere $4.41. Or perhaps I should say, potentially the best source. For the moment, I have only bookmarked this page. I will buy the download later on tonight, but only after I have finished this exercise in purely online research. While one might be able to make a case that this digital download counts, I believe that a file which a: required payment and b: is not indexed by search engines does not count.

William R. Gohram 1918
William R. Gorham ca. 1918, courtesy of Nissan

I also did a search for William R. Gorham in Amazon’s search inside a book feature, and found only a handful of mentions worth noting (Amazon does not seem to carry the biography, for some reason). No book seems to mention him more than once, or give any more information than the following three.

The first is from Making and Selling Cars: Innovation and Change in the U.S. Automotive Industry by James M. Rubenstein, which on page 339 says “Nissan was founded in Yokohama in 1933 by an entrepreneur, Yoshisuke Ayukawa, with engineering provided by an American expatriate, William R. Gorham.” This is the only mention in the book.

The other book which mentions Mr. Gorham is Datsun 280, Nissan 300 Zx, a coffee table format book for fans of this discontinued automobile written by Brian Long. Like the Rubenstein book, it mentions Gorham just once, in this brief passage which begins at the bottom of page 9 and continues onto page 10, in a section on the history of automobiles in Japan.

In 1925, Kaishinsha had changed its name to the DAT Jidosha Seizo Ltd (the DAT Motor Car Manufacturing Co. Ltd) following a merger with the Jitsuyo Jidosha Seizo. This firm had been founded in 1919 to build three-wheelers designed by the American engineer William R. Gorham, who later helped with the design of the Mitsubishi Zero fighter aircraft. Although the three-wheelers were unsuccessful financialy, they did provide the basis for the four-wheeled Lila light car of 1921. Many were used as taxis in Japan, and the continued to be made for several years after the DAT merger.

The third is Japanese Industry in the American South, by Choong Kim, which on page 7 says:

And if the Japanese had been too ingrown to learn from William R. Gorham, the American electrical engineer who is considered the founder of the Datsun (Nissan) motor company in terms of technology, Nissan might not be the success we see today.

The same Google search also provided me with the Japanese edition of the same Canon history page, which gave me Gorhman’s Japanese name, 合波武克人(ごうはむ・かつんど) pronounced Gohamu Katsundo, that he had taken upon naturalization as a Japanese citizen. I then searched for his Japanese name on Japanese Google. There were exactly three results. The first was the same Canon history page from which I had learned his Japanese name in the first place.

Gorhman automotive tricycle
Gorham automotive tricycle, 1920, courtesy of Nissan

Next was this page on Nissan’s pre-war history, which credits Gorham as one of the two fathers of the company for his invention of the “Gorhman automotive tricycle,” (picture above from Nissan) which combined a harley engine with a rickshaw to produce a primitive automotive vehicle that could be affordably produced in an as-yet industrially underdeveloped nation. Gorham’s design, which should strike a cord with anyone familiar with more primitive automotive vehicles such as Thailand’s tuk-tuk or the Phillipino jeepney currently being manufactered in some less developed yet partially industrialized economies, and which became the basis for the first 4-wheeler produced by Jitsuyo Jidosha Co., Ltd, one of the three companies that formed the modern Nissan company.

Last of all was a really special find- a photograph of Gorham’s grave with two-paragraph biography on the homepage of the Tamarei’en cemetary in Tokyo (described on Wikipedia as the first public cemetary in Japan), where he is buried. The cemetary web page has similar info on many dozens of notable figures interned there (note: in Japan, cemetaries are usually Buddhist style, only containing the cremated ashes of the deceased within or under a memorial), including several other foreigners, such as the man who introduced Indian curry to Japan or a Russian who fled to Japan due to the revolution, lost his citizenship, and became a pro-baseball player for the Giants when the players were increasingly called away for military service in the 1930’s.

Anyway, here is my translation of the mini-bio from the cemetary website.

GraveWilliam, R. Gorham

Lived 1888 (Meiji 21) to October 24, 1949 (Showa 24)

A machine technician of the Taisho and Show periods

Burial location: Ku 24 Shu 1 Soku 11

Born near San Francisco, in the United States of America. Came to Japan in 1918 (Taisho 7) to introduce and use his technology, with the goal of developing air mail systems and establishing an aeroplane manufacturing company. He designed and introduced Engines, airplanes, automobiles, telephone switches and fast turret lathes. He also imported single engine biplanes and sold them to the Japanese military. In later years he became a consultant for Canon and assisted them by developing a more efficient production system. He also worked as a consultant for Kokusan Seiki (Later became Hitachi Seido Co., Ltd.) and was also involved in designing machine tools. In the early 1940’s the international situation began growing tense, and the Japanese government started deporting foreigners. After painful consideration, Gorham became a naturalized Japanese citizen on May 26, 1941. He took the Japanese name of Gouhamu Katsudo (合波武克人).

His son, Don C. Gorham, graduated from Tokyo Imperial University in March of 1941, and although he wanted to continue his study of Japanese literature in graduate school, in accordance with his parents wishes he instead returned to the America, received his Doctoral degree in literature, and found a job related to the improvement of Japanese/American relations. Thinking of the circumstances of the antipathy towards gaijin at the time and the Tokko [Tokubetsu Kōtō Keisatsu; Special Higher Police, Japan’s equivalent to the Gestapo], one can understand how heroic Gorham’s decision was, and how much he must have loved Japan. Postwar Gorham became an employee at Nissan Automobiles and challenged himself in the industrial field. He worked not just for the sake of his own company, but became a key figure in the rebirth of Japan’s industrialization and economic development, and was a forerunner to the later high growth period. He died a premature death due to illness in 1949. Grand Prix press’s, “The legend of William Gorham: the American Engineer who became Japanese”and others have appeared.

When I read this I was happy to see that it confirmed my strong suspicion that the translator of the biography on Lulu.com was in fact William Gorham’s son. There was, however, one thing I had overlooked. On the biography page there is actually a link to view the back cover of the book, which would have told me this fact earlier. Since the low-res jpeg is very hard on the eyes, I will transcribe it here.

Don Cyril Gorham, the translator, is the younger son of William R. and Hazel H. Gorham. Born in California, but taken as an infant to Japan an 1918, Don Gorham is fluent in Japanese, having spent his entire pre-war education in Japan–from nursery school through graduation from Tokyo Imperial University in March of 1941, with a degree in Japanese language and literature. Shortly after graduation, he returned alone to the United States, where he was commissioned into the U.S. Naval Reserve and served on active duty for the next six years, followed by further U.S. civil service work. In 1972, he retired from the U.S. government and began his career as a freelance interpreter/translator. He has served as interpeter for senior U.S. and Japanese government officials, including two U.S. presidents, several U.S. Cabinet members, as well as several Japanese Prime Minsters and Japanese Diet members.

In addition, Don Gorham is a graduate of the Naval War College and has been a member of the American Translators Association (ATA) for over 30 years. In 2000 the ATA made him an honoraary member, an award reserved for individuals who have distinguished themselves in the translation/interpresting profession. At present, the ATA has only seven living honorary members.

Don Gorham has three grown children and lives with his wife of 61 years in Silver Spring, Maryland.

While it does not directly tell us anything new about his father, this back-cover authors biography of William’s son Don Cyril was interesting, and I figured I should also try running a search on Don Cyrcil to see what else I could turn up. What I found was this article at the ATA Japanese Language Division newsletter from Spring 2000, announcing his selection as an honorary member, as referred to on the book cover. The article does not have much new in the way of information, but does have this picture, captioned “Gorham (in university student uniform) practices shodo with family and friends in Tokyo.”

So now that I have found probably almost all I can about this man’s live using only Google searches, let’s say that I was going to prepare a genuine biography of William R. Gorham. Where could I look, what sort of resources could I turn to?

Even though the information collected so far is somewhat sketchy, it does give us several good leads. The most obvious place to start would be with his son, who at least as of 2005 was still living in Maryland. Since Don Cyril Gorhman cared enough about the story and life’s work of his father to translate and arrange some form of publication for the biography that had been written by his father’s colleagues after his demise, I think it is probably a good bet that he would be forthcoming with documents and information about his father.

Probably the the next most fruitful place to turn would be the companies in Japan that honor him in their official company histories: Canon and Nissan. If both companies care about their own history enough to keep an official timeline on their website, then there must be someone in the company whose job includes supervision of the archives, and they would probably be willing to help dig up the needed information. These certainly were not the only companies with which Gorham was involved, and if others are discovered they would also be worth investigating as well, but he seemed to have had more impact on the early development of Canon and Nissan than any other to which he contributed.

Next might be government records. Certainly there are record of his naturalization-a very rare event in that period, and probably not too difficult to track-and his death (we even know exactly where his grave is), and upon finding his place of residence it may be possible to find other documents, such as his koseki, juminhyo, not to mention all of the US government documents, birth certificate and so on, that may exist in dusty filing cabinets in some basement or geneaological databank.

We could search for correspondence beyond what his son possesses. Although none of Gorhman’s contemporaries are likely living today, their own children or grand-children, probably are, and may have preserved their personal effects as well. Calling upon the descendants of, let’s say, Canon’s Takeshi Mitarai might uncover some more information.

Of course, the existing English biography must contain a wealth of information itself, although as a book written by his own friends is probably more of a third-party memoire than a scholarly biography. I will purchase and download the PDF shortly after completing this post, since having access to it would have ruined my Google only experiment. The ATA newsletter article on the honorary induction of Don Cyril also tells us that their was a biography of William R. Gorham reviewed a few issues ago, by the name of 日本人になったアメリカ人技師、桂木洋二著(The American Engineer Who Became Japanese, by Yohji Katsuragi). This may or may not be the same one translated by his son, but either way a Google search for the author’s name produced no useful results. Perhaps one of the many rare book dealers in Kyoto would be able to locate it.

This experiment, of choosing an interesting seeming but obscure figure and attempting to research as much as possible about that person, is really an exploration of the limits of what information is readily avaliable online. While I was lucky enough to find something as unexpected as the photograph and exact location of his grave, and a number of general facts about his life, the overall picture remains very sketchy. There was no biography longer than a couple of hundred words, no quotes from him or about him, only a single photograph of the vehicle he designed for Nissan’s predecessor, no clear details on the contents of his work for Canon, etc. The important thing, however, is that there was just enough information to suggest the several possible avenues for research, and even these modest results would probably have been considered an almost unfathomable resource by historical researchers before the age of Internet searching.

Aso’s plan to de-Shintoize Yasukuni

Foreign Minister Taro Aso, who is still trying to become the next prime minister despite not having a snowball’s chance in hell, has a new plan to save Japan. He reckons that by taking the gods out of Yasukuni, the Emperor will be able to visit and none of those pesky lawsuits will have any standing. The English report:

Aso, known as a diplomatic hawk who has offended China and South Korea with remarks in the past, said his plan was not aimed at mollifying foreign countries. Instead, he hopes to resolve a domestic debate that flares up whenever a Japanese leader visits the shrine and has prevented the emperor from going there since 14 “Class A” war criminals were added to the lists of those honored at the shrine in 1978.

“It’s about expressing our respect and gratitude for those who died for their country and praying for the peace of the souls of those who died…without all this fuss,” Aso told a news conference.

“The tens of thousands of soldiers who died crying ‘Long Life to the Emperor’ filled those words with deep emotion,” Aso said in a statement outlining his idea. “So I strongly pray that the emperor can visit Yasukuni.”

Yomiuri Shimbun’s blurb says that the strategy to pull this off goes roughly as follows:

  1. Dissolve the religious foundation that administers Yasukuni and set up a new private foundation (zaidan hojin) to run the shrine.
  2. By special act of the Diet, establish a special corporation to administer Yasukuni.
  3. Most amusingly, change the shrine’s official name to 靖国社 – removing the character for “god” in the word “shrine.”

Adding to the craziness of this scheme, Yomiuri mentions at the end of its article that Aso wants this process implemented for all of the “gokoku jinja”—a group of 52 shrines scattered across Japan enshrining those from the area who died at war–“regional Yasukunis,” so to speak.

Needless to say, if you can’t de-enshrine war criminals, it’s gonna be tough to de-Shintoize Yasukuni (and, for that matter, 52 other shrines).

Just in case you’re worried, Aso still does not have enough support to run and hasn’t officially announced his candidacy yet. UPDATE 8/10: I spoke too soon. Muddafugga gots his twenty. Looks like he’s announcing later this month.

Net Neutrality

The Net Neutrality debate rages on, and I’m sure every reader is enough aware of the basics so that I need not summarize. My friend Younghusband over at the Cominganarchy blog made a brief post earlier in support of Net Neutrality. I began to write my own thoughts as a comment there but then thought, why not post it here instead?

Without Net Neutrality the hopes for future innovation, future disruptive technologies in the future are dim.

The fundamental misunderstanding about Net Neutrality is the nature of what some of the network providers really want to do when it’s gone. Net freedom advocates have been trying to paint a picture of a world in which the network providers are allowed to charge content providers for higher quality service to that network’s customers and to then throttle down the speed and reliabilty of servers that have not paid up. Unfortunately, there is a general misconception that this is how it already works, because content providers must pay for their bandwidth.

Let me be clear- this is NOT how it works now. Yes, when you connect a server to the Internet you pay for the size of the connection you get, for the amount of data that you send. But this payment is only on the server end, and while it may be expensive if you send alot of data, it is also a single payment (leaving out regional mirrors or media distribution services like Akamai or whatever).

What network providers would like to be able to do is force servers to pay not only at their end, but also to each individual ISP, for premium access to that ISP’s customers. This would mean that, say, Youtube would have to pay not just for the fair cost of their presumably massive network connection, but also pay each and every single ISP, AT&T, Comcast, AOL, SBC, Earthlink if they wanted all Americans to be able to access their service.

Now imagine how much worse it gets in an international environment. Youtube is an American company, primarily aimed at Americans, and yet it has become very popular in Japan despite not even having a Japanese language interface. If a so called “tiered internet” were standard, then Youtube would have had to pay KDDI, NTT and YahooBB to guarantee access to the Japanese market before they could have become popular. But their popularity here was unexpected and unmarketed, spread by word of mouth. This sort of serendipitous success that has made the Internet what it is today would be no more.

There would be no more underground successes like, in reverse chronological order, Youtube, Myspace, iTunes, Friendster, Google, Napster, Yahoo. Everything would have to have its target market planned out in advance. For a startup without the budget to pay for access to every local ISP in the world, they would have to identify in advance their projected customer base through marketing surveys, demographic analysis, and the other insults and discrimination towards consumers that we as a society have become used to over the decades. It would be the death of grassroots popularity and a return to the centralized marketing driven media hegemony of the past, and it would be an awful tragedy.