Why none of my books are available on Audible (and why Amazon owes me $3,218.55)
I love audiobooks. When I was a high-school-aged page at a public library in the 1980s, I would pass endless hours shelving and repairing books while listening to “books on tape” from the library’s collection. By the time iTunes came along, I’d amassed a huge collection of cassette and CD audiobooks and I painstakingly ripped them to my collection.
Then came Audible, and I was in heaven — all the audiobooks, none of the hassle of ripping CDs. There was only one problem: the Digital Rights Management (DRM). You see, I’ve spent most of my adult life campaigning against DRM, because I think it’s an existential danger to all computer users — and because it’s a way for tech companies to hijack the relationship between creators and their audiences.
In 2011, I gave a speech at Berlin’s Chaos Communications Congress called “The Coming War on General Purpose Computing.” In it, I explained that Digital Rights Management was technologically incoherent, a bizarre fantasy in which untrusted users of computers could be given encrypted files and all the tools needed to decrypt them, but somehow be prevented from using those decrypted files in ways that conflicted with the preferences of the company that supplied those files.
As I said then, computers are stubbornly, inescapably “general purpose.” The only computer we know how to make — the Turing-complete von Neumann machine — is the computer that can run all the programs we know how to write. When someone claims to have built a computer-powered “appliance” — say, a smart speaker or (God help us all) a smart toaster — that can only run certain programs, what they mean is that they’ve designed a computer that can run every program, but which will refuse to run programs unless the manufacturer approves them.
But this is also technological nonsense. The program that checks to see whether other programs are approved by the manufacturer is also running on an untrusted adversary’s computer (with DRM, you are the manufacturer’s untrusted adversary). Because that overseer program is running on a computer you own, you can replace it, alter it, or subvert it, allowing you to run programs that the manufacturer doesn’t like. That would include (for example) a modified DRM program that unscrambles the manufacturer-supplied video, audio or text file and then, rather than throwing away the unscrambled copy when you’re done with it, saves it so you can open it with a program that doesn’t restrict you from sharing it.
As a technical matter, DRM can’t work. Once one person figures out how to patch a DRM program so that it saves the files it descrambles, they can share that knowledge (or a program they’ve written based on that knowledge) with everyone in the world, instantaneously, at the push of a button. Anyone who has that new program can save unscrambled copies of the files they’ve bought and share those, too.
DRM vendors hand-wave this away, saying things like “this just keeps honest users honest.” As Ed Felten once said, “Keeping honest users honest is like keeping tall users tall.”
In reality, DRM vendors know that technical countermeasures aren’t the bulwark against unauthorized reproduction of their files. They aren’t technology companies at all — they’re legal companies.
In 1998, Bill Clinton signed the Digital Millennium Copyright Act (DMCA) into law. This is a complex law and a decidedly mixed bag, but of all the impacts that the DMCA’s many clauses have had on the world, none have been so quietly, profoundly terrible as Section 1201, the “anti-circumvention” clause that protects DRM.
Under DMCA 1201, it is a felony to “traffick” in tools that bypass DRM. Doing so can land you in prison for five years and hit you with a fine of up to $500,000 (for a first offense). This clause is so broadly written that merely passing on factual information about bugs in a system with DRM can put you in hot water.
Here’s where we get to the existential risk to all computer users part. As a technology, DRM has to run as code that is beyond your observation and control. If there’s a program running on your computer or phone called “DRM” you can delete it, or go into your process manager and force-quit it. No one wants DRM. No one woke up this morning and said, “Dammit, I wish there was a way I could do less with the entertainment files I buy online.” DRM has to hide itself from you, or the first time it gets in your way, you’ll get rid of it.
The proliferation of DRM means that all the commercial operating systems now have a way to run programs that the owners of computers can’t observe or control. Anything that a technologist does to weaken that sneaky, hidden facility risks DMCA 1201 prosecution — and half a decade in prison.
That means that every device with DRM is designed to run programs you can’t see or kill, and no one is allowed to investigate these devices and warn you if they have defects that would allow malicious software to run in that deliberately obscured part of your computer, stealing your data and covertly operating your device’s sensors and actuators. This isn’t just about hacking your camera and microphone: remember, every computerized “appliance” is capable of running every program, which means that your car’s steering and brakes are at risk from malicious software, as are your medical implants and the smart thermostat in your home.
A device that is designed for sneaky code execution and is legally off-limits to independent auditing is bad. A world of those devices — devices we put inside our bodies and put our bodies inside of — is fucking terrifying.
DRM is bad news for our technological future, but it’s also terrible news for our commercial future. Because DMCA 1201 bans trafficking in circumvention devices under any circumstances, manufacturers who design their products with a thin skin of DRM around them can make using those products in the ways you prefer into a literal crime — what Jay Freeman calls “felony contempt of business model.”
The most obvious example of this is in the Right to Repair fight. Devices from tractors and cars to insulin pumps, wheelchairs and ventilators have been redesigned to use DRM to detect and block independent repair, even when the technician uses the manufacturer’s own parts. These devices are booby-trapped so that any “tampering” requires a new authorization code from the manufacturer, which is only given to the manufacturer’s own service technicians.
This allows manufacturers to gouge you on repair and parts, or to simply declare your device to be beyond repair and sell you a new one. Global, monopolistic corporations are drowning the planet in e-waste as a side-effect of their desire to block refurbished devices and parts from cutting into their sales of replacements:.
DRM laws like DMCA 1201 are now all over the world, spread by the US Trade Representative, who made DRM laws a condition of trading with the USA, and a feature of the WTO agreement. Whether you’re in South America, Australia, Europe, Canada, Japan, or even China, DRM-breaking tools are illegal. But remember: DRM is a technological fool’s errand. So while there is no above-ground, legal market for DRM-breaking tools, there is still a thriving underground for them.
For example, farmers all over the world replace the software on their John Deere tractors with software of rumored Ukrainian origin that floats around on the internet. This software lets them fix their tractors without having to wait days for a $200 visit from a John Deere technician, but no one knows what’s in the software, or who made it, or whether it has sneaky back-doors or other malicious code.
And yet, manufacturers keep putting DRM in their products. The prospect of making it a felony to displease your corporate shareholders is just too much to resist.
Which brings me back to Audible. Back before Amazon owned Audible, I bought thousands of dollars’ worth of Audible audiobooks, and they worked great — but they failed badly. When I switched operating systems and could no longer get an Audible playback program, I was in danger of losing my audibook investment. In the end, I had to rig up three old computers to play my Audible audiobooks out in real time and recapture them as plain old MP3s. It took weeks. If I’d made the switch a couple years later, it would have been months (the “audiobooks” folder on my current system has 281 days’ worth of audio!).
Amazon bought Audible during a brief interval in which the company was taking on DRM. They had just launched the Amazon MP3 store, as a rival to Apple’s iTunes Store, which sold music without DRM, so users wouldn’t be locked to Apple’s platform. This was a problem the music industry had just woken up to, after years of demanding DRM, they realized that nearly all the digital music they’d ever sold was locked to Apple’s platform, and that meant that Apple got to decide whether and how their catalog was sold.
Amazon’s MP3 store’s slogan was “DRM: Don’t Restrict Me.” They even sent me a free t-shirt to promote the launch, because they knew my feelings on DRM.
When Amazon announced its Audible acquisition, they promised that they would remove DRM from the Audible store, and I rejoiced. Then, after the acquisition…nothing. Not a word about DRM. The Amazon PR people who’d once enthusiastically pitched me on Amazon’s DRM-free virtue stopped answering my email.
When I got new PR pitches from Amazon, I’d reply by asking about DRM and I’d never hear from those PR people again. I got invited to give a talk at Amazon and I said sure, I’d do it for free — but I wanted to talk to someone from Audible about DRM. The invitation was rescinded.
Once on a book-tour, I gave a talk at Goodreads — another Amazon division — about my work and when they asked if I had any questions for them, I raised Audible’s DRM and the senior managers in the audience promised to look into it. I never heard from them again.
Today, Audible dominates the audiobook market. In some verticals, their market-share is over 90 percent! And Audible will not let authors or publishers opt out of DRM. If you want to publish an audiobook with Audible, you must let them add their DRM to it. That means that every time one of your readers buys one of your books, they’re locking themselves further into Audible. If you sell a million bucks’ worth of audiobooks on Audible, that’s a million bucks your readers have to forfeit to follow you to a rival platform.
As a rightsholder, I can’t authorize my users to strip off Audible’s DRM and switch to a competitor. I can’t even find out which of my readers bought my books from Audible and send them a download code for a free MP3. Even when I invest tens of thousands of dollars of my own money to hire professional narrators to record my audiobooks, if I sell them on Audible, they get the final say in how my readers use the product I paid to create. If I provide my readers with a tool to unwrap Audible’s DRM from my copyrighted books, I become a copyright infringer! I violate Section 1201 of the DMCA and I can go to prison for five years and face a $500,000 fine. For a first offense.
All of this is so glaringly terrible that it prompted me to coin Doctorow’s First Law:
“Any time someone puts a lock on something that belongs to you, but won’t give you the key, that lock is not there for your benefit.”
It’s been more than a decade since Amazon bought Audible and it’s clear that their DRM policy isn’t going anywhere.
Which is why none of my audiobooks are available on Audible.
I don’t want to contribute to the DRM-ification of our devices, turning them into a vast, unauditable attack-surface that is designed to run programs that we can’t see or terminate. I don’t want my work to be a lure into a DRM-poisoned platform. I don’t want to make myself beholden to Amazon, locking my customers to its platform with every sale.
This doesn’t mean I don’t have audiobooks — I do! Early on, I worked with great audiobook publishers like Random House and Blackstone and Macmillan to produce DRM-free audiobooks which were sold everywhere except Audible. But Audible has the vast majority of the market, and it just didn’t make financial sense for these publishers to pay me a decent sum for my audio rights and then pay great narrators and engineers to produce books.
So I started retaining my audio rights in my book deals, and paying to record my own audiobooks. The first one was Information Doesn’t Want to Be Free, recorded by @wilwheaton, with introductions by @neil-gaiman and Amanda Palmer, which explains Doctorow’s First Law in detail.
Since then, I’ve produced many more independent audiobooks, including the audio for Homeland (the bestselling sequel to my YA novel Little Brother, also narrated by Wil), Walkaway (a fabulous multi-cast audiobook starring Amber Benson, Wil Wheaton, Amanda Palmer, Miron Willis, Gabrielle de Cuir and others), and Attack Surface (the third Little Brother book, narrated by Amber Benson).
Generally, these books recoup and make a little money besides, but not nearly so much as I’d make if I sold through Audible. My agent tells me that if I’d been willing to set aside my ethics and allow Audible to slap DRM on my books, I’d have made enough money to pay off my mortgage and save enough to pay for my kid’s entire college education.
That’s a price I’m willing to pay. In the years since the Amazon acquisition, Audible has become the 800-pound gorilla of audiobooks. They have done all kinds of underhanded things — like buying up the first couple books in a series and releasing them as Audible-only recordings, then refusing to record the rest of the series, orphaning it. They’re also notorious among narrators for squeezing their hourly rates lower than anyone else. Audible also refuses to sell into libraries, so all the “Audible Original” titles are blocked from our public library systems.
I think audiences get that there’s something really wrong with a system where a single company controls an entire literary format. In 2020, I Kickstarted the independent audiobook of Attack Surface and broke every record for audiobook crowdfunding, raising $276,000.
But Audible continues to dominate. It is the only digital audiobook channel Amazon will allow, so anyone who searches Amazon for a book will only see the Audible audio edition. It’s also the exclusive audio partner for Apple’s iTunes/Apple Books channel, which is the only iOS audiobook store that doesn’t have to pay Apple a 30 percent commission on all its sales, so it’s the only audiobook store that lets you actually buy new audiobooks.
Other audiobook stores require you to buy your books with a web-browser (which avoids Apple’s sky-high commissions) and then switch back to the app to download them — a clunky experience that has ensured that Apple’s own audiobook channel — with its mandatory DRM — is the only one iOS customers really use.
Not surprisingly, a lot of people assume that if an Audible search for an author or book comes up empty, that means there is no audiobook available. They don’t think of searching for the book on Google Books, or Libro.fm, or Downpour. They never think to check to see whether the author maintains their own storefront, as I do, where you can get all their ebooks and audiobooks without DRM.
That’s bad enough, but it gets worse. So much worse.
Audible has a side-hustle called ACX: it’s a “self-serve” platform where writers and narrators can team up to self-produce their own audiobooks, which are locked to Audible’s platform and encumbered with Audible’s DRM.
ACX has some nominal checks to ensure that the audiobooks that land on its platform are duly licensed from the rightsholders, but these are trivial to circumvent. Here’s how I know that: on multiple occasions, I’ve discovered that my own books have been turned into unauthorized audiobooks over ACX.
Scammers claiming to have the rights to my books commission narrators to record them on the cheap, with the promise of a royalty split when they are live. Inexperienced narrators, excited at the prospect of recording a major book by a bestselling author, put long, grueling hours into recording them. Then the book goes live, and I discover it, and have it taken down. The scammer disappears with the profits from the sales in the interim, and the narrator is screwed.
As am I.
Because these illegal ACX audiobooks compete with my own, self-produced editions, for which I pay narrators, directors and editors a fair wage for their creative labor. These unauthorized ACX audiobooks show up in searches for my name on Audible and Amazon, where my own (vastly superior, authorized) DRM-free audiobooks are not allowed.
This isn’t an isolated incident. It’s happened over and over again. It just happened again.
Last week, I heard from Shawn Hartel, a narrator who got scammed on ACX by someone calling themself “Barbara M. Rushing,” who told Hartel that they held the audio rights to my 2017 novel Walkaway. They do not have those rights.
I spent about $50,000 recording a stupendous audiobook edition of Walkaway, which you can buy here for $24.95.
This audiobook has met with widespread critical acclaim and the print edition has been translated and celebrated around the world. But Hartel didn’t know that.
On January 11, 2021, he accepted an offer from “Barbara M. Rushing” to record the book and worked long hours to produce a 16-hour narration. On February 1, 2021, the book was accepted by Rushing. On July 7, 2021, ACX listed Walkaway for sale. On November 9, 2021, ACX took the book down, having figured out that it was infringing.
In the meantime, Rushing sold 119 copies and gave away ten more, diverting people from buying my own, DRM-free edition.
129 times $24.95 is $3,218.55, and as far as I’m concerned, that’s what Amazon owes me.
Now, I’m not going to sue them (probably). I don’t have the money or time to fight that kind of battle. For one thing, I have eight books (four novels, a YA graphic novel, a short story collection and two nonfiction books) in various stages of production right now, and I’m going to be producing my own audio editions for them, which is going to suck up a lot of time.
But Amazon does owe me $3,218.55.
I don’t expect they’ll pay it.
Anyone who’s paid attention to Audiblegate knows about Amazon’s dirty ACX dealing. The company has been credibly accused of more than $100 million in wage-theft from ACX authors and narrators, whom it has scammed with a combination of a one-sided refunds policy and out-and-out accounting fraud.
I know a lot about Audiblegate because there’s a whole chapter about it in Chokepoint Capitalism: How Big Tech and Big Content Captured Creative Labor Markets and How We’ll Win Them Back, the book on creative labor markets that Rebecca Giblin and I wrote for Beacon Press:
Chokepoint Capitalism explains how large media and tech companies have cornered the markets for creative labor, and why giving creators more copyright won’t unrig this rigged game. The tech and entertainment giants are like bullies at the school gate who shake down creators for their lunch money every day.
To reach your audience you have to go through the chokepoints they have erected, and when you do, any additional copyright powers Congress has granted you is taken away as a condition of entry (think of how Audible nonconsensually takes away your right to use DRM law if you want to list your audiobooks).
If you give your bullied kid more lunch money, you won’t buy them lunch — you’ll just make the bullies at the school-gate richer. Giving creators more copyright inevitably results in those copyrights being transferred to Amazon and other monopolists. To get lunch for your kid — or justice for creators — you have to get rid of the chokepoints.
That’s what Chokepoint Capitalism is really about — not just how the markets got rigged, but how to fix them, with a list of shovel-ready, practical actions for local governments, national legislatures, artists’ groups, as well as creators, technologists and audiences.
We’re going to be rolling out a crowdfunding campaign for the Chokepoint Capitalism audiobook in a couple of weeks (the book comes out in mid-September). We’ve scored an incredible narrator, Stefans Rudnicki, who you may have heard on the Ender’s Game books, Hubris by Michael Isikoff and David Corn, or any of 1,000 other audiobooks. Stefan’s won a Stoker, a Bradbury, dozens of Audies and Earphones, two Grammys, and two Hugos. It’s gonna be fucking great.
And it won’t be available on Audible. Who owe me $3,218.55.
But you know what will*be available on Audible?
This. This essay, which I am about to record as an audiobook, to be mastered by my brilliant sound engineer John Taylor Williams, and will thereafter upload to ACX as a self-published, free audiobook.
Perhaps you aren’t reading these words off your screen. Perhaps you are an Audible customer who searched for my books and only found this odd, short audiobook entitled: “Why none of my books are available on Audible: And why Amazon owes me $3,218.55.”
I send you greetings, fellow audiobook listener!
I invite you to buy all my audiobooks at prices lower than Amazon’s, free from DRM and unencumbered by comedy-of-the-absurd “user agreements” that no one in their right mind would ever*agree to. They are for sale at craphound.com/shop.
Among those audiobooks, the $15 edition of Information Doesn’t Want to Be Free, where I explain not just Doctorow’s First Law, but also my Second and Third Laws (my agent was Arthur C. Clarke’s agent; when I told him I had come up with “Doctorow’s Law,” he told me that I needed three laws). As noted, this is superbly read by Wil Wheaton, and Neil Gaiman and Amanda Palmer read their own intros:
Of course, you will only find this book if Amazon ACX accepts it. I’ve combed quite carefully through their terms of service and I don’t see anything that would disqualify this from being listed as an ACX book.
But then again, they say they ban books produced without permission from the copyright holder and we’ve seen how that works out, right? From poking around on ACX, it looks like Amazon’s main way of checking whether a user has the rights to a book is by looking in Amazon’s catalog to see if there’s already an audiobook edition. That means that if a writer refuses to sell on Audible because of their DRM policies, Audible will use that boycott as an excuse to let ripoff artists bilk the writer, the narrator and the listeners — because if there’s no Audible edition, they assume that the audio rights must be up for grabs.
Will Audible let me use its platform to give away a book that criticizes Audible? Or will they exercise their overwhelming market power to both abet a $3,218.55 ripoff and suppress a critique of their role in that ripoff?
Only time will tell.
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[Image ID: A screengrab of the ACX page for the audiobook, showing that it is 'pending audio review]
Addendum: I wrote the above on July 4, 2022, just before submitting the audiobook to Amazon and leaving for a holiday. Over the past two weeks, I've checked in with ACX daily, but the audiobook still shows as "Pending Audio Review." ACX advises that this process should take a maximum of ten business days. It's been 15. Perhaps they're very backlogged.
Or maybe they're hoping that if they delay the process long enough, I'll give up.
In the meantime, there is now a Kindle edition of this text:
https://www.amazon.com/dp/B0B5RWTPR7/
I had to put this up, it's a prerequisite for posting the audio to ACX. I hadn't planned on posting it, but since they made me, I did.
[Image ID: A screengrab of the Kindle listing page for my ebook showing it as the number one new release in antitrust.]
Bizarrely, this is currently the number one new Amazon book on Antitrust Law!
Also bizarrely - given the context - this book was taken down for several days due to a spurious copyright issue over the cover art, a cack-handed collage of some Creative Commons icons I put together with The GIMP. Amazon flagged this as a copyright violation (despite correct Creative Commons attribution) and took the book down, demanding that I change the cover art, ignoring my explanations. I was ultimately able to get the book restored by contacting someone I know at Amazon legal, who intervened.
I don't know if Amazon will ever release my audiobook, but I hope they do. In the meantime, you can listen to the audiobook of this essay for free via my podcast:
https://archive.org/download/Cory_Doctorow_Podcast_431/Cory_Doctorow_Podcast_431_-_Why_none_of_my_books_are_available_on_Audible.mp3
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ETA: Within a few hours of my publishing this thread, ACX released my audiobook. https://audible.com/pd/B0B7KH8KSD
Image: Paris 16 (modified)/CC BY-SA 4.0; Dmitry Baranovskiy (modified) CC BY 4.0
[Image ID: An anti-pickpocketing graphic featuring a stick figure reaching into an adjacent stick-figure's shoulder-bag. The robber's chest is emblazoned with an Amazon 'a' logo. The victim's chest is emblazoned with an icon of a fountain-pen. The robber's face has an Amazon 'smile' logo. The victim's face has an inverted Amazon 'smile' logo (and is thus frowning). Beneath these two figures is a wordmark reading 'Audible: Am Amazon Company.']
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One state prosecutor and one civilian plaintiff have already won huge fines and damages from Donald Trump that may, with legal costs, exceed $500 million.
Trump awaits further civil and criminal liability in three other federal, state, and local indictments.
There are eerie commonalities in all these five court cases involving plaintiff E. Jean Carroll, Manhattan district attorney Alvin Bragg, New York Attorney General Letitia James, federal special counsel Jack Smith, and Fulton County district attorney Fani Willis.
One, they are either unapologetically left-wing or associated with liberal causes. They filed their legal writs in big-city, left-wing America—Atlanta, New York, Washington—where liberal judges and jury pools predominate in a manner not characteristic of the country at large.
Two, they are overtly political. Bragg, James, and Willis have either campaigned for office or raised campaign funds by promising to get or even destroy Donald Trump.
Carroll’s suit was funded by left-wing billionaire Reid Hoffman.
Smith sued to rush his court schedule in hopes of putting Trump on trial before the November election.
Three, there would not be any of these cases had Donald Trump not run for the presidency or not been a conservative.
Carroll’s suit bypassed statute of limitation restrictions by prompting the intervention of a left-wing New York legislator. He passed a special bill, allowing a one-year window to waive the statute of limitations for sexual assault claims from decades past.
Until Trump, no New York prosecutor like James had ever filed a civil suit against a business for allegedly overvaluing real estate assets to obtain loans that bank auditors approved and were paid back in full, on time, and with sizable interest profits to the lending institutions.
Alvin Bragg bootstrapped a Trump private non-disclosure agreement into a federal campaign violation in a desperate effort to find something on Trump.
Smith is also charging Trump with insurrectionary activity. But Trump had never been so charged with insurrection, much less convicted of it.
Willis strained to find a way to criminalize Trump’s complaints about his loss of Georgia in the 2020 national election. She finally came up with a racketeering charge, usually more applicable to mafiosi and drug cartels.
Four, in all these cases, the charges could have been equally applicable to fellow left-wing public figures and officials.
Joe Biden, like Trump, was accused of sexual assault decades earlier by former staffer Tara Reade. Yet Reade was torn apart by the media and the left for inconsistencies in her memory. By contrast, the wildly inconsistent and amnesiac E. Jean Carroll won $83 million from Trump.
Jack Smith created the precedent of charging former president Trump for unlawfully removing classified files to his private residence.
But the government simultaneously did not charge Joe Biden for similar offenses. Yet Biden had removed files not for two years but for more than 30. He stored them not in one location but several.
His rickety garage was a mess, not a secure family compound like Trump’s estate. Moreover, Biden did so while a senator and vice president, without any presidential authority to declassify almost any presidential document he wished.
Biden never came forward to report the crime for over thirty years—until Trump was charged. Indeed, he was caught on tape six years ago, admitting to his ghostwriter that he possessed classified files but never reported it.
Bragg might have noticed that both Hillary Clinton (fined $113,000) and Barack Obama (fined $350,000) broke campaign financing laws. Neither was subject to federal criminal charges by local prosecutors.
An array of left-wing celebrities, politicians, 2004 House Members, former Senator Barbara Boxer (D-CA), and failed Georgia gubernatorial candidate Stacey Abrams have all recently challenged elections. They sought either to delay or redo ballot counting or, on the federal level, to sidetrack electors to ignore popular votes in their respective states.
These lawfare cases are part of other efforts that were highly partisan and without merit. Recall the Trump “Russian collusion” hoax and the “Russian disinformation” laptop farce.
In another first, some blue states are suing to take Trump’s name off the ballot for “insurrection,” a crime for which he has never been charged.
Total up the deaths, damage, and length of the summer 2020 Antifa/BLM riots. Then compare the tally to the one-day January 6 riot.
The former proved far more lethal, long-lasting, and destructive. Yet very few of the 14,000 arrested rioters in 2020 were ever prosecuted, much less convicted.
By contrast, the Biden administration sought to jail hundreds for crimes allegedly committed on January 6, such as “illegal parading.”
We are entering a dangerous era in America.
Ideology and party affiliations increasingly determine guilt and punishment. Opponents are first targeted, and then laws are twisted and redefined to convict them.
The left is waging lawfare with the implicit message to political opponents: either keep quiet or suffer the consequences.
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International Court of Justice Rules That Israel Must Stop Killing Palestinians
World BEYOND War
The International Court of Justice has ruled that Israel must cease its warmaking in Gaza — cease committing and inciting genocidal acts — and that the case charging Israel with genocide must proceed.
DETAILS OF THE RULING:
By 15-2: Israel shall take all measures within its power to prevent all acts within the scope of Genocide Convention article 2
15-2: Israel must immediately ensure that its military does not commit acts within the scope of GC.2
16-1: Direct and punish all members of the public who engage in the incitement of genocide against Palestinians
16-1: Ensure provision of urgently needed basic services, humanitarian aid
15-2: Prevent the destruction of and ensure the preservation of evidence to allegation of acts of GC.2
15-2: Israel will submit report as to how they’re adhering to these orders to the ICJ within 1 month
This is Article 2 of the Genocide Convention:
In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group.
Therefore, Israel must cease killing Palestinians.
This was a make or break moment for international law, or rather a break or make-a-first-step moment. There is hope for the idea and reality of international law, but this is only a beginning.
The president of the International Court of Justice, who read the ruling, is Judge Joan Donoghue, former top legal advisor under Hillary Clinton at the U.S. State Department during the Obama Administration. She previously was the lawyer for the United States in its unsuccessful defense before the ICJ against charges by Nicaragua of minining its harbor.
The court voted for portions of this decision by 15-2 and 16-1. The “No” votes came from Judge Julia Sebutinde of Uganda and Ad Hoc Judge Aharon Barak of Israel.
The case presented by South Africa was overwhelming (read it or watch a key part of it), and Israel’s defense paper-thin. And the case just grew more overwhelming during the bizarre delay (yes, courts are slow, but this genocide is swift).
People all over the world built the pressure to move South Africa to act and other nations to add their support. Over 1,500 organizations signed a statement. Individuals signed a petition by CODEPINK, and sent almost 500,000 emails to key governments’ United Nations consulates through World BEYOND War and RootsAction.org. Click those links because more emails are needed now. While several nations have made public statements in support of South Africa’s case, we need them to file papers officially with the International Court of Justice. To reach out to additional national governments, go here.
Governments that have made statement in support of the case against genocide include Malaysia, Turkey, Jordan, Bolivia, the 57 nations of the Organization of Islamic Countries, Nicaragua, Venezuela, Maldives, Namibia, and Pakistan, Colombia, Brazil, and Cuba.
Germany has backed Israel’s defense against the charge of genocide, which has been denounced by Namibia, victimn of a German genocide. Prominent Jews have denounced Germany’s shameful action.
Mass demonstrations in the streets of the world have continued in support of peace and justice, and to a far greater extent than major media outlets have reported.
Here’s a discussion of this campaign for justice with Sam Husseini on Talk World Radio.
Prior to today’s ruling from the International Court of Justice, the U.S. government pointedly refused to say whether it would comply with ruling, despite insisting that other nations comply with rulings by the ICJ.
Hamas said that it would cease fire if Israel does, and release all prisoners if Israel does
Germany, to its credit, reportedly said that it would comply.
Arming a genocide is complicity in genocide. While Israel gets most of its weapons from the United States, other weaponry comes from Germany, Italy, the UK, and Canada — at least some of which nations also provide parts to U.S. weaponsmakers that provide weapons to Israel. Italian opposition demanded an end to it. And then the Foreign Minister claimed Italy had stopped shipments on Oct 7. Meanwhile, Canada is coming under pressure to cease shipments and prevarications. In Canada, Members of Parliament are among over 250 people hunger striking for an arms embargo on Israel.
People in the United States can tell Congress to stop arming Israel here or here.
President Joe Biden already faces a lawsuit for aiding and abetting genocide in Gaza. In November 2023, Palestinian human rights organizations, along with Gaza- and U.S.-based Palestinians, filed suit in a U.S. federal court seeking declaratory and injunctive relief against the Biden Administration for failing to prevent genocide, and for aiding and abetting genocide. The plaintiffs seek an order to end U.S. military and diplomatic support to Israel. A hearing to address the government’s motion to dismiss will be held at 9 a.m. PT / 12 noon ET today, Friday. The hearing will be webstreamed to the public. You are encouraged to tune in and witness the U.S. government’s attempts at avoiding accountability and justify its support for the genocide that is happening in Gaza.
Handed down on Invasion Day (26th Jan in Australia)
How fitting ❤️ 🇵🇸 ❤️ 🇵🇸 ❤️
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