Literary Cablegate, Number 2 of Many

Clark Stoeckly‘s Wikileaks Truck on Flickr, Twitter

Second in a series of posts where I’m picking through WikiLeaks Cablegate for literary topics. See my first post in the series for an important introduction, and view the entire series here. At the time of my first Literary Cablegate post (then called Literary WikiLeaks), not all of Cablegate had been published; CablegateSearch.net showed 665 hits for the search term “literature” and 334 for the term “literary”. Now that all of Cablegate has been released (a.k.a. “Cablegate2”; see my remarks on the controversy surrounding the comprehensive Cablegate publication), CablegateSearch.net shows 1,214 hits for “literature” and 403 for “literary.”

I’m going through all of them.

I’m focusing only on cables where “literature” or “literary” is used in the sense of short stories, essays, the humanities, etc. So I’m mostly ignoring cables mentioning literature as in, say, campaign literature, or the medical literature for a malady (unless the cable mentions one of Oliver Sacks‘s highly literary case studies, you see?). Given the importance of intellectual property (or lack thereof) to free speech and the Internet, copyright and copyleft issues will be included as well. Literary Cablegate blog posts will feature about 8 cables each, starting from the most recently written cable. I’ll take on the 403 cable hits for “literary” first.

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Here we go!

• The United States maintains an annual “Special 301 Report” that, in the words of the United States Trade Representative, reviews “the global state of intellectual property rights (IPR) protection and enforcement” and “reflects the Administration’s resolve to encourage and maintain effective IPR protection and enforcement worldwide.” The Report lists nations perceived as threats to copyright interests. Some nations wind up on the Watch List, and others on the more severe Priority Watch List. In a cable dated February 2010, the US Embassy in La Paz said Bolivia’s laws granted powerful intellectual property rights:

  the existing copyright law does protect literary, artistic, and scientific works for the lifetime of the author plus 50 years. Bolivian copyright protection includes the exclusive right to copy or reproduce works; to revise, adapt, or prepare derivative works; to distribute copies of works; and to publicly communicate works. Although the exclusive right to translate works is not explicitly granted, the law does prevent unauthorized adaptation, transformation, modification, and editing. The law also provides protection for software and databases.

  Compare the Bolivian law’s extreme length of copyright (50 years) to the US Pirate Party’s intent to reduce the length of copyright to 14 years and legalize all noncommercial sharing, and to the efforts of Creative Commons.

  Regardless of Bolivian law, the US Embassy noted, copyright was so laxly enforced in Bolivia that their

  Video, music, and software piracy rates are among the highest in Latin America, with the International Intellectual Property Alliance estimating that piracy levels have reached 100% for motion pictures and over 90% for recorded music. There are no legal sources of audio-visual materials in most of the country, since it would be impossible to compete with pirated products prices: in the capital of La Paz there is only one store that sells legal CDs. Bootleg CDs, DVDs, computer software, pharmaceutical products, and other goods are sold on street corners and in stores across the country.

  The Embassy blames the rampant piracy on Bolivia’s lack of human and financial resources to enforce copyright, and says pharmaceutical companies are reluctant to file patents in Bolivia due to fears of trade secret theft and counterfeiting. Despite all the piracy, the US Embassy suggests keeping Bolivia only on the Special 301 Report’s Watch List and not its Priority Watch List just so as not to frustrate Bolivia and thereby damage the copyright interests’ outreach efforts. In 2010 and 2011 Bolivia did remain on the ordinary Special 301 Watch List.

  (Original Cable “Special 301 La Paz Input” 10LAPAZ368.)

• A February 2010 cable from Baghdad discusses the membership of Iraqi Prime Minister Nouri Maliki’s State of Law Alliance (SLA), formed in October 2009 as, according to the cable, “a nationalist, non-sectarian political” group. The cable identifies Hassan Sunayd as one “key figure” of SLA, describing him as

  SLA candidate 4 in Dhi Qar. A well-known poet and literary figure in Iraq, Sunayd has been in Da’wa’s political bureau since the late 1980’s. A member of the previous COR’s Security and Defense Committee, he is Maliki’s closest friend, one of his security advisors and liaison to the KRG leadership. Having survived physical torture during the Saddam regime, he has used his position as spokesman for the SLA to rail against the threat of resurgent Ba’athism and was critical of purported U.S. efforts to interfere in the de-Ba’athification process.

  A somewhat substantial search of Google’s various resources as well as academic journals and US newspaper archives turned up no discussion of Hassan Sunayd’s literary background, with one minor exception. (Sometimes his first name is transliterated as Hasan, sometimes his last name as al-Sunayd.) According to an April 14, 2008 BBC transcript, Sunayd recited a poem at a ceremony held in Baghdad to commemorate the 28th anniversary of the martyrdom of Islamic scholar Ayatollah Muhammad Baqir al-Sadr. Sunayd is mentioned with some frequency as a spokesperson for the Iraqi government.

  Professor Hanan Hammad at the TCU History Department told me Sunayd used the pen name “Jawad Jamil (could be Jawwad Gamil). he lived in Iran in early eights along with members of al-Da’wa Islamist Party. his sister Balqis is also a poet, but with the Communist party. nothing indicate that he’s a great poet/ intellectual.” My searches for his pen name turn up nothing.

  (Original Cable “Coalition Profile: Pm Maliki’s State Of Law Alliance” 10BAGHDAD499)

• The US State Department maintains an annual Trafficking in Persons Report to “engage foreign governments on human trafficking” and as a resource for “governmental anti-human trafficking efforts.” In a February 2010 cable, the first of three parts (part 2, part 3), the US Embassy in Paris gave its input for the tenth annual report. The cable notes “France prosecutes French nationals who travel abroad to engage in child sexual tourism” and goes on to say

  Culture Minister Frederic Mitterrand faced criticism during the reporting period related to his 2005 literary work, which included depictions of sexual tourism in Asia. In “The Bad Life,” Mitterrand details the experiences of an unnamed protagonist with so-called “boys” in the brothels of Thailand. Facing pressure to resign for engaging in sexual tourism before he joined the government, Minister of Culture Frederic Mitterrand stated during an October 8, 2009 television interview that he had never had sex with a minor. “Each time I was with people who were my age, or were five years younger,” the 62 year-old Mitterrand said, adding: “I condemn sexual tourism, which is a disgrace. I condemn pedophilia in which I have never participated in any way.”

  The Guardian extends Miterrand’s quote a sentence: “The book is in no way an apology for sex tourism, even if one chapter is a journey through that hell, with all the fascination that hell can inspire.” The BBC termed Mitterrand’s book an “autobiographical novel” and said the scandal would have brought him down in other countries, “not because he is gay, but because there is an inconsistency between a government committed to fighting sex tourism and a minister who has been a sex tourist. But in France, where a belief in the right to privacy and a liberal view on sex are both near sacrosanct, many believe it would be hypocritical to hound Frederic Mitterrand from office.”

  The cable says France prosecutes child sex tourism, and Mitterand claims he was involved with people basically his age. More importantly, the book is, autobiographically based or not, a work of fiction. How much of it is true to Mitterrand’s life is therefore hard to evaluate beyond educated guessing. Mother Jones, reviewing the book, says the French right wing targetted Mitterand by quoting the book out of context. The Mother Jones reviewer makes the book sound pretty good:

  The Bad Life is a stunningly candid and beautiful book. Described by its author as an “autobiography which is half real and half dreamed,” it recounts his life as a child of privilege born into Paris’s haut bourgeois sixteenth arrondissement, his experience of homosexuality, and a number of deeply felt personal relationships. Much of this is set in a social milieu of movie stars, politicians, renowned artists, and other public figures. […]

  The Bad Life is an intimate, courageous memoir in which Mitterrand is brutally honest not only about himself, but with himself. If it includes a few sordid accounts of a homosexual underworld that some would rather not be asked to consider, it does so within a larger portrait of one man’s life and desires, a nuanced collection of affecting incidents examined with an unsparing eye.

  The entire scandal was complicated by Mitterrand’s defending Roman Polanski shortly beforehand, demanding the director be released after arrest in Switzerland over his US conviction for sex with a 13-year-old girl in 1977. Yet again, the publisher calls The Bad Life a “novel inspired by autobiography.” You don’t take Philip K. Dick’s autobiographical novel VALIS as definitive proof of anything, do you? Or Dostoevsky’s The House of the Dead. Writers build off their own experience, but don’t exactly replicate it in fiction. No crime was shown here. Mitterrand is still in office.

  (Original Cable “France: Input For The 2010 Trafficking In Persons Report (part 1 Of 3)” 10PARIS196)

• A February 2010 cable from the Consulate Shenyang US Embassy in China noted traffic across the border between China and North Korea. “For all the talk about frozen trade between the DPRK [North Korea] and China,” the cable says, the Consulate General Office noted people crossing the border talking business and culture. For example,

  At the train station many different groups of North Koreans were seen waiting to take the train up to Shenyang [China]. On board, a middle-aged North Korean female trader was reading a Sino-Korean literary journal and a Dandong business weekly.

  The apparent significance for the Office is the interest North Koreans show in the Chinese, as evidenced in part by the Sino-Korean literary journal. One wonders which journal the woman was reading. In the United States, “literary journal” tends to mean a venue for highbrow literary work, as opposed to a “magazine,” which can run the gamut of literary taste classifications.

  (Original Cable “Prc-dprk Border: Amcit Crossers, Trade Push, Border Smuggling, Regional Growth” 10SHENYANG21)

• A February 2010 cable from Berlin discusses German copyright law in the context of foreign investment in Germany.

  Germany is a member of the World Intellectual Property Organization (WIPO). Germany is also a party to the major international intellectual property protection agreements: the Bern Convention for the Protection of Literary and Artistic Works, the Paris Convention for the Protection of Industrial Property, the Universal Copyright Convention, the Geneva Phonograms Convention, the Patent Cooperation Treaty, the Brussels Satellite Convention, and the Treaty of Rome on Neighboring Rights. […]

  Germany has signed the WIPO Internet treaties and ratified them in 2003. Foreign and German rights holders, however, remain critical of provisions in the German Copyright Act that allow exceptions for private copies of copyrighted works. Most rights holder organizations regard German authorities’ enforcement of intellectual property protections as sufficient, although problems persist due to lenient court rulings in some cases and the difficulty of combating piracy of copyrighted works on the Internet.

  The Berne Convention — spelled Bern or Berne — was instigated by the writer Victor Hugo in the late 19th century. It says copyright is established when the creator puts the work into fixed form, bypassing the need for registration. The Berne Convention also establishes a minimum term of 50 years after the author’s death for written works. Cory Doctorow talks a bit about the Berne Convention in this Guardian article.

  (Original Cable “Germany – Revised Investment Climate Statement 2010” 10BERLIN166)

• A February 2010 cable from Geneva and the US Trade Representative discusses January 2010’s 7th Working Party meeting on Yemen’s Accession to the World Trade Organization, the in-progress effort to enter Yemen into the WTO. In a section about trading rights, the cable noted

  The US and EU had additional concerns about certain requirements that only Yemeni nationals could be granted the technical clearance needed to import medicines, medical equipment, fertilizers, pesticides, books, newspapers, audiovisual and other artistic literary works, and requested that the Trading Rights Action Plan be updated to include information on these technical clearance requirements.

  I suspect the technical clearance for Yemeni nationals who regulate the import of “artistic literary works” involves Yemen’s prohibition against the import of “Any item offensive to Muslim culture.” (Yemen’s population is 98% Muslim.) Reporters Without Borders ranks Yemen within the bottom 10 of all nations for press freedom. This might or might not be relevant: a May 25, 2009 piece in the Yemen Times by Dr. A. K. Sharma said if “a nation has to import and export not only goods and commodities but also knowledge and skills, it has got to have an army of well-equipped and professionally competent translators.” Currently Yemen isn’t a member of the WTO.

  (Original Cable “7th Working Party Meeting On Yemen’s Accession To The Wto Held January 26, 2010” 10USTRGENEVA12)

• A February 2010 cable from Beijing discussing the climate for foreign investment into China notes the country is a member of the Berne Convention (discussed above).

  (Original Cable “2010 Investment Climate Statement – China” 10BEIJING303)

• Another February cable discussing the climate for foreign investment, this time from the Colombo embassy, notes Sri Lanka is a party to the Berne Convention for the Protection of Literary and Artistic Works (discussed above). Original literary works are protected under a 2003 Sri Lanka copyright law that was “intended to meet both U.S.-Sri Lanka bilateral IPR agreement and TRIPS obligations to a great extent.” In a January 2003 article for Daily Variety, an entertainment-industry trade magazine, Bryan Pearson said the new law aimed to crack down on piracy; pirating software was “not illegal in Sri Lanka,” Pearson wrote, and the island was a “paradise for fraudulent imports.”

  (Original Cable “Investment Climate Statement, 2010 – Sri Lanka” 10COLOMBO72)



Literary Cablegate, Number 2 of Many by Douglas Lucas is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported License. Based on a work at www.douglaslucas.com. Seeking permissions beyond the scope of this license? Email me: dal@douglaslucas.com.

Clark Stoeckly‘s Wikileaks Truck on Flickr, Twitter Second in a series of posts where I’m picking through WikiLeaks Cablegate for literary topics. See my first post in the series for...