Not dead yet: how MP3 changed the way we listen to music



File 20170525 13228 1m1ll0b
MP3 compression of digital audio files made music more portable.
Shutterstock?Roger Jegg Fotodesign Jegg.de

Yanto Browning, Queensland University of Technology

First developed almost three decades ago, the MP3 format made large digital audio files relatively small and easy to pass across an internet that was largely accessed via a very slow (by today’s standards) phone dial-up connection.

Now the companies behind the file compression format, Technicolor and Fraunhofer IIS, have decided to end their support for the licensing program for MP3. The last patent for the tech format is due to expire at the end of the year.

So the MP3 is dead. Again. Or is it?

What is MP3?

MP3 is a form of codec, a way of compressing (co) and decompressing (dec) the data in audio files.

The organisation responsible for defining the standards for audio and video compression and decompression is the Moving Picture Experts Group (MPEG), a working group of several authorities. So MP3 is just short for MPEG-1, Audio Layer 3.

The development of MP3.

Full resolution digital audio files are relatively large, around 10MB per minute of stereo, CD-quality sound. Today, streaming 10MB/minute might seem trivial but in the early days of digitally transferred data it was a lot.

MP3s were initially developed with the goal of a 12:1 compression ratio achieving acceptable sound quality. A 60MB song could therefore be compressed into a 5MB file. Other compression ratios can be used, with higher ratios yielding more obvious sonic artefacts (unwanted sounds) and lower ratios resulting in higher file sizes.

Hear the quality (or not) of MP3 compression at different bit rates.

A “lossy” compression codec works on the theory that, as the human ear is already discarding a lot of information in the perception of sound, you might as well simply not encode this redundant information.

The term lossy comes from the fact that this data is lost, discarded and gone forever. MP3 and rivals AAC (Advanced Audio Coding) and WMA (Windows Media Audio) are all lossy formats.

The audio that gets edited out in MP3 compression, in this case from Suzanne Vega’s version of Tom’s Diner.

Conversely, lossless compression reduces file sizes, but does not reduce quality. Something like a compressed zip file is an example of lossless compression. Uncompressed files are a straight 1:1 transfer of the digital file.

MP3: dead or alive?

Developed in the late 1980s and standardised in the early 1990s, MP3 was first pronounced dead in 1995 and nearly abandoned as a technology. It was deemed commercially unsuccessful despite heavy investment from the Fraunhofer institute and a decade’s development by the project’s leader Karlheinz Brandenburg.

It was the victim of a format war, led by Dutch manufacturer Philips. Fraunhofer’s MP3 was consistently overlooked in the early 1990s by the MPEG standards group in favour of Philips’ MP2.

The MP3 format only found early commercial success in the sports broadcast market, with the compressed digital audio saving broadcasters thousands in satellite transmission costs.

So deeply unpopular was MP3 in commercial music applications that the developers effectively gave it away for free.

As a result, the format was close to being abandoned by its developers again towards the end 1996, in favour of the AAC format still patented and supported today.

The AAC format was developed initially by the same team behind the MP3, in part as a way to circumnavigate technical limitations imposed by Phillips on the MPEG-1 standard.

AAC generally performs better than MP3 at higher compression ratios, and the patent does not require a user to obtain a license to stream or distribute AAC encoded audio.

Listen carefully to the cymbals.

It was only the proliferation of filesharing internet sites, built around the distribution of pirated content, that revived interest in the MP3, first as isolated “warez” sites, and then as peer-to-peer networks such as Napster.

Stephen Witt’s 2015 book How Music Got Free (a source for much of this history) says that the first time the term MP3 was used by mainstream press was May 1997, with a USA Today article detailing how college students were uploading bootlegged albums onto university servers via file sharing sites.

By this stage, the first time most people had even heard of the MP3 format, the horse had already bolted, and the music industry would never be the same again.

The first portable MP3 player, the MPMan, debuted less than a year later, and Apple’s move into the market in 2001, through the release of iTunes and the iPod, cemented the ubiquity of both compact music players and compressed digital formats.

Music sharing

Early MP3s didn’t sound great and were generally disliked by audiophiles and record producers alike.

But they allowed consumers to stockpile music to an extent that had not been possible before, heralding a new relationship between digital information and ownership.

A market model based on scarcity had been turned on its head. While copying music had been around for decades, each copy was physically coupled to the medium – a vinyl record or magnetic tape cassette, for instance.

The rise of peer-to-peer file sharing networks, most famously Napster, meant that now anyone with a computer and internet connection could access another person’s entire music collection. A single file could by copied by thousands, all at the same time.

This changed listening patterns: instead of buying perhaps one album per month (depending on what you could afford), and then listening to it several times, music fans could constantly scour the internet for new music. Some would even stockpile music that they would never even listen to.

From share to stream

Today, playing MP3 files is increasingly being superseded by the ubiquity of streaming services. With fast and cheap access to mobile internet, services such as Spotify, Apple Music, Google Play and others now all offer extensive music libraries that can be accessed for a subscription fee.

Just one of several online music options.

Presciently, Brandenburg’s mentor, Dieter Sietzer, had suggested as early as 1982 that the most effective delivery of digital audio was through streaming, as a way to make use of Germany’s new digital telephone lines. His patent was refused.

If it was the increase in portable MP3 players and the proliferation of pirated content that cemented the role of the MP3 in youth culture, it is the rise of streaming services that define current habits.

Despite Fraunhofer’s termination of its licensing program for the MP3 format, the MP3 file will continue to live on, unsupported by the developers, but now unrestricted by patents or licences.

While better codecs now exist for compressing digital music files, it’s interesting to note the revival of the old format of vinyl.

Today, events such as Classic Album Sundays are emerging as an attempt to reclaim focused listening experiences through the use of analogue technologies that have been nominally obsolete since the late 1980s.

The ConversationI believe it very unlikely that similar listening parties will develop in an attempt to celebrate the early MP3.

Yanto Browning, Associate lecturer in Music and Sound, Queensland University of Technology

This article was originally published on The Conversation. Read the original article.

Australian Politics: 9 July 2013


A lot has changed over the last couple of weeks in Australian politics. Pressure on the coalition is beginning to increase as the election slowly draws closer and as the government under Kevin Rudd claws back much lost ground and re-election begins to look a more and more viable prospect. ALP reform is increasingly a vote winner for the government and the link below is to an article that takes a closer look at the proposed reforms.

For more visit:
http://www.guardian.co.uk/world/2013/jul/08/kevin-rudd-bolster-labor-pms


After applying months of intense scrutiny to Peter Slipper and Craig Thompson concerning various alleged rorts, Opposition leader Tony Abbott is now facing his own travel rorts scandal for wrongly claimed travel expenses. Will Tony Abbott now do what he expected to be done concerning those he criticised opposite him? Unlikely I’d say. The link below is to an article reporting on the matter.

For more visit:
http://www.guardian.co.uk/world/2013/jul/09/tony-abbott-refusal-travel-expenses

Also of current interest is the climate change denial policies of the Coalition under Tony Abbott and the link below is to an article that takes a look at that.

For more visit:
http://www.guardian.co.uk/environment/southern-crossroads/2013/jul/08/tony-abbott-climate-policy-australia

On a lighter note (perhaps), the link below is to an article that takes a look at the ‘tie’ in Australian politics.

For more visit:
http://www.guardian.co.uk/commentisfree/2013/jul/09/tie-colour-kevin-rudd

Then there is the size of the senate election voting ballot form…

New Look


Hi all. I have changed the appearance of the Blog and I think it does look a lot better. The main reason for the change was that the titles of posts had for some reason stopped appearing on the front page. I could find no way to correct the issue and thought a change of theme may work – it has. Having changed the theme, I do think the Blog appears much better overall.

The other small change is the Blog title – I have shortened it a little to just Random Thoughts. So not a great change – the larger title made the appearance of the Blog look just that little bit awful. Now we can’t have that lol.

I hope you find the new look helpful.

Facebook: Email Outrage


  1. Facebook just doesn’t learn. If there’s something that Facebook should know by now it’s that the social network’s users don’t like things being forced upon them and having their settings changed without notification and permission. Yet despite this, Facebook has done it again and changed everyone’s default email setting to that of a Facebook email address. Poor form Facebook, poor form. It really annoyed me to find it so today, but thankfully I have processes in place that should warn be of such Facebook ineptness before too much harm is done. Not so for all, so hopefully this story will bring awareness to others, as well as providing information as to how it can be corrected.

Christian Woman Freed from Muslim Kidnappers in Pakistan


Captors tried to force mother of seven to convert to Islam.

LAHORE, Pakistan, March 11 (CDN) — A Christian mother of seven here who last August was kidnapped, raped, sold into marriage and threatened with death if she did not convert to Islam was freed this week.

After she refused to convert and accept the marriage, human traffickers had threatened to kill Shaheen Bibi, 40, and throw her body into the Sindh River if her father, Manna Masih, did not pay a ransom of 100,000 rupees (US$1,170) by Saturday (March 5), the released woman told Compass.   

Drugged into unconsciousness, Shaheen Bibi said that when she awoke in Sadiqabad, her captors told her she had been sold and given in marriage.

“I asked them who they were,” she said. “They said that they were Muslims, to which I told them that I was a married Christian woman with seven children, so it was impossible for me to marry someone, especially a Muslim.”

Giving her a prayer rug (musalla), her captors – Ahmed Baksh, Muhammad Amin and Jaam Ijaz – tried to force her to convert to Islam and told her to recite a Muslim prayer, she said.

“I took the musalla but prayed to Jesus Christ for help,” she said. “They realized that I should be returned to my family.”

A member of St. Joseph Catholic Church in Lahore, Shaheen Bibi said she was kidnapped in August 2010 after she met a woman named Parveen on a bus on her way to work. She said Parveen learned where she worked and later showed up there in a car with two men identified as Muhammad Zulfiqar and Shah. They offered her a job at double her salary and took her to nearby Thokar Niaz Baig.

There she was given tea with some drug in it, and she began to fall unconscious as the two men raped her, she said. Shaheen Bibi was unconscious when they put her in a vehicle, and they gave her sedation injections whenever she regained her senses, she said.

When she awoke in Sadiqabad, Baksh, Amin and Ijaz informed her that she had been sold into marriage with Baksh. They showed her legal documents in which she was given a Muslim name, Sughran Bibi daughter of Siddiq Ali. After Baksh had twice raped her, she said, his mother interjected that she was a “persistent Christian” and that therefore he should stay away from her.

Shaheen Bibi, separated from an abusive husband who had left her for another woman, said that after Baksh’s mother intervened, her captors stopped hurting her but kept her in chains.

 

Release

Her father, Masih, asked police to take action, but they did nothing as her captors had taken her to a remote area between the cities of Rahim Yar Khan and Sadiqabad, considered a “no-go” area ruled by dangerous criminals.

Masih then sought legal assistance from the Community Development Initiative (CDI), a human rights affiliate of the European Center for Law & Justice. With the kidnappers giving Saturday (March 5) as a deadline for payment of the ransom, CDI attorneys brought the issue to the notice of high police officials in Lahore and on March 4 obtained urgent legal orders from Model Town Superintendent of Police Haidar Ashraf to recover Shaheen, according to a CDI source.

The order ultimately went to Assistant Sub-Inspector (ASI) Asghar Jutt of the Nashtar police station. Police accompanied by a CDI field officer raided the home of a contact person for the captors in Lahore, Naheed Bibi, the CDI source said, and officers arrested her in Awami Colony, Lahore.

With Naheed Bibi along, CDI Field Officer Haroon Tazeem and Masih accompanied five policemen, including ASI Jutt, on March 5 to Khan Baila, near Rahim Yar Khan – a journey of 370 miles, arriving that evening. Area police were not willing to cooperate and accompany them, telling them that Khan Baila was a “no-go area” they did not enter even during daytime, much less at night.

Jutt told area police that he had orders from high officials to recover Shaheen Bib, and that he and Tazeem would lead the raid, the CDI source said. With Nashtar police also daring them to help, five local policemen decided to go with them for the operation, he said.

At midnight on Sunday (March 6), after some encounters and raids in a jungle area where houses are miles apart, the rescue team managed to get hold of Shaheen Bibi, the CDI source said. The captors handed over Shaheen Bibi on the condition that they would not be the targets of further legal action, the CDI source said.

Sensing that their foray into the danger zone had gone on long enough, Tazeem and Jutt decided to leave but told them that those who had sold Shaheen Bib in Lahore would be brought to justice.

Fatigued and fragile when she arrived in Lahore on Monday (March 7), Shaheen Bibi told CDN through her attorneys that she would pursue legal action against those who sold her fraudulently into slavery and humiliation.

She said that she had been chained to a tree outside a house, where she prayed continually that God would help her out of the seemingly impossible situation. After the kidnappers gave her father the March 5 deadline last week, Shaheen Bibi said, at one point she lifted her eyes in prayer, saw a cross in the sky and was comforted that God’s mighty hand would release her even though her father had no money to pay ransom.

On four previous occasions, she said, her captors had decided to kill her and had changed their mind.

Shaheen Bibi said there were about 10 other women in captivity with her, some whose hands or legs were broken because they had refused to be forcibly given in marriage. Among the women was one from Bangladesh who had abandoned hope of ever returning home as she had reached her 60s in captivity.

Masih told CDN that he had prayed that God would send help, as he had no money to pay the ransom. The day before the deadline for paying the ransom, he said, he had 100 rupees (less than US$2) in his pocket.

Report from Compass Direct News

Christians in Turkey Acquitted of ‘Insulting Turkishness’


But court heavily fines them for dubious conviction of collecting personal data.

ISTANBUL, October 19 (CDN) — After four years of legal battle in a Turkish court, a judge acquitted two Christians of insulting Turkey and its people by spreading Christianity, but not without slapping them with a hefty fine for a spurious charge.

Four years ago this month, Turan Topal, 50, and Hakan Tastan, 41, started a legal battle after gendarmerie officers produced false witnesses to accuse them of spreading their faith and allegedly “insulting Turkishness, the military and Islam.”

At the Silivri court an hour west of Istanbul, Judge Hayrettin Sevim on Thursday (Oct. 14) acquitted the defendants of two charges that they had insulted the Turkish state (Article 301) and that they had insulted its people (Article 216) by spreading Christianity. Sevim cited lack of evidence.

He found them guilty, however, of collecting information on citizens without permission (Article 135) and sentenced them to seven months of imprisonment each. The court ruled that the two men could each pay a 4,500 lira (US$3,170) fine instead of serving time, said their lawyer Haydar Polat.

Tastan expressed mixed feelings about the verdicts.

“For both Turan and I, being found innocent from the accusation that we insulted the Turkish people was the most important thing for us, because we’ve always said we’re proud to be Turks,” Tastan said by telephone. “But it is unjust that they are sentencing us for collecting people’s information.”

At the time of their arrests, Topal and Tastan were volunteers with The Bible Research Center, which has since acquired official association status and is now called The Association for Propagating Knowledge of the Bible. The two men had used contact information that individuals interested in Christianity had volunteered to provide on the association’s website.

Administrators of the association stated openly to local authorities that their goal was to disseminate information about Christianity.

The two men and their lawyer said they will be ready to appeal the unjust decision of the court when they have seen the official statement, which the court should issue within a month. Polat said the appeal process will take over a year.

“Why should we have to continue the legal battle and appeal this?” asked Tastan. “We are not responsible for the information that was collected. So why are they fining us for this? So, we continue our legal adventure.”

Still, he expressed qualified happiness.

“We are free from the charges that we have insulted the Turkish state and the people of Turkey and we’re glad for that, but we are sorry about the court’s sentence,” Tastan said. “We’re happy on one hand, and sorry on the other.”

The court hearing lasted just a few minutes, said Polat.

“The judges came to the court hearing ready with their decision,” Polat said. “Their file was complete, and there was neither other evidence nor witnesses.”

Polat was hesitant to comment on whether the decision to convict the men of collecting private data without permission was because they are Christians. He did underline, however, that the court’s decision to fine the men was unjust, and that they plan to appeal it after the court issues an official written verdict.

“This was the court’s decision,” said Polat, “but we believe this is not fair. This decision is inconsistent with the law.”

 

Christianity on Trial

The initial charges in 2006 against Tastan and Topal were based on “a warning telephone call to the gendarme” claiming that some Christian missionaries were trying to form illegal groups in local schools and making insults against Turkishness, the military and Islam.

In March 2009 the Turkish Ministry of Justice issued a statement claiming that approval to try the two men’s case under the controversial Article 301came in response to the “original” statement by three young men that Topal and Tastan were conducting missionary activities in an effort to show that Islam was a primitive and fictitious religion that results in terrorism, and to portray Turks as a “cursed people.”

Two of the three witnesses, however, stated in court that they didn’t even know Topal and Tastan. The third witness never appeared in court. Prosecutors were unable to produce any evidence indicating the defendants described Islam in these terms. At the same time, they questioned their right to speak openly about Christianity with others.

Polat and his legal partners had based their defense on the premise that Turkey’s constitution grants all citizens freedom to choose, be educated in and communicate their religion, making missionary activities legal.

“This is the point that really needs to be understood,” Polat told Compass last year. “In Turkey, constitutionally speaking, it is not a crime to be a Christian or to disseminate the Christian faith. However, in reality there have been problems.”

The lawyer and the defendants said that prosecuting lawyers gave political dimensions to the case by rendering baseless accusations in a nationalistic light, claiming that missionary activities were carried out by imperialistic countries intending to harm Turkey.

Tastan and Topal became Christians more than 15 years ago and changed their religious identity from Muslim to Christian on their official ID cards.

Initially accompanied by heavy media hype, the case had been led by ultranationalist attorney Kemal Kerincsiz and a team of six other lawyers. Kerincsiz had filed or inspired dozens of Article 301 court cases against writers and intellectuals he accused of insulting the Turkish nation and Islam.

Because of Kerincsiz’s high-level national profile, the first few hearings drew several hundred young nationalist protestors surrounding the Silivri courthouse, under the eye of dozens of armed police. But the case has attracted almost no press attention since Kerincsiz was jailed in January 2008 as a suspect in the overarching conspiracy trials over Ergenekon, a “deep state” operation to destabilize the government led by a cabal of retired generals, politicians and other key figures. The lawyer is accused of an active role in the alleged Ergenekon plot to discredit and overthrow Turkey’s ruling Justice and Development Party government.

Ergenekon has been implicated in the cases of murdered priest Andreas Santoro, Armenian editor Hrant Dink, and the three Christians in Malatya: Necati Aydin, Ugur Yuksel and Tilmann Geske.

In a separate case, in March of 2009 Tastan and Topal were charged with “illegal collection of funds.” Each paid a fine of 600 Turkish lira (US$360) to a civil court in Istanbul. The verdict could not be appealed in the Turkish legal courts. This ruling referred to the men receiving church offerings without official permission from local authorities.

Report from Compass Direct News

Sterilize the unfit says British professor David Marsland


The mentally and morally “unfit” should be sterilized, Professor David Marsland, a sociologist and health expert, said this weekend. The professor made the remarks on the BBC radio program Iconoclasts, which advertises itself as the place to “think the unthinkable,” reports Hilary White, LifeSiteNews.com.

Pro-life advocates and disability rights campaigners have responded by saying that Marsland’s proposed system is a straightforward throwback to the coercive eugenics practices of the past.

Marsland, Emeritus Scholar of Sociology and Health Sciences at Brunel University, London and Professorial Research Fellow in Sociology at the University of Buckingham, told the BBC that “permanent sterilization” is the solution to child neglect and abuse.

“Children are abused or grossly neglected by a very small minority of inadequate parents.” Such parents, he said, are not distinguished by “disadvantage, poverty or exploitation,” he said, but by “a number or moral and mental inadequacies” caused by “serious mental defect,” “chronic mental illness” and drug addiction and alcoholism.

“Short of lifetime incarceration,” he said, the solution is “permanent sterilization.”

The debate, chaired by the BBC’s Edward Stourton, was held in response to a request by a local council in the West Midlands that wanted to force contraception on a 29-year-old woman who members of the council judged was mentally incapable of making decisions about childrearing. The judge in the case refused to permit it, saying such a decision would “raise profound questions about state intervention in private and family life.”

Children whose parents are alcoholics or drug addicts can be rescued from abusive situations, but, Marlsand said, “Why should we allow further predictable victims to be harmed by the same perpetrators? Here too, sterilization provides a dependable answer.”

He dismissed possible objections based on human rights, saying that “Rights is a grossly overused and fundamentally incoherent concept … Neither philosophers nor political activists can agree on the nature of human rights or on their extent.”

Complaints that court-ordered sterilization could be abused “should be ignored,” he added. “This argument would inhibit any and every action of social defense.”

Brian Clowes, director of research for Human Life International (HLI), told LifeSiteNews (LSN) that in his view Professor Marsland is just one more in a long line of eugenicists who want to solve human problems by erasing the humans who have them. Clowes compared Marsland to Lothrop Stoddard and Margaret Sanger, prominent early 20th century eugenicists who promoted contraception and sterilization for blacks, Catholics, the poor and the mentally ill and disabled whom they classified as “human weeds.”

He told LSN, “It does not seem to occur to Marsland that most severe child abuse is committed by people he might consider ‘perfectly normal,’ people like his elitist friends and neighbors.”

“Most frightening of all,” he said, “is Marsland’s dismissal of human rights. In essence, he is saying people have no rights whatsoever, because there is no universal agreement on what those rights actually are.”

The program, which aired on Saturday, August 28, also featured a professor of ethics and philosophy at Oxford, who expressed concern about Marland’s proposal, saying, “There are serious problems about who makes the decisions, and abuses.” Janet Radcliffe Richards, a Professor of Practical Philosophy at Oxford, continued, “I would dispute the argument that this is for the sake of the children.

“It’s curious case that if the child doesn’t exist, it can’t be harmed. And to say that it would be better for the child not to exist, you need to be able to say that its life is worse than nothing. Now I think that’s a difficult thing to do because most people are glad they exist.”

But Radcliffe Richards refused to reject categorically the notion of forced sterilization as a solution to social problems. She said there “is a really serious argument” about the “cost to the rest of society of allowing people to have children when you can pretty strongly predict that those children are going to be a nuisance.”

Marsland’s remarks also drew a response from Alison Davis, head of the campaign group No Less Human, who rejected his entire argument, saying that compulsory sterilization would itself be “an abuse of some of the most vulnerable people in society.”

Marsland’s closing comments, Davis said, were indicative of his anti-human perspective. In those remarks he said that nothing in the discussion had changed his mind, and that the reduction of births would be desirable since “there are too many people anyway.”

Davis commented, “As a disabled person myself I find his comments offensive, degrading and eugenic in content.

“The BBC is supposed to stand against prejudicial comments against any minority group. As such it is against it’s own code of conduct, as well as a breach of basic human decency, to broadcast such inflammatory and ableist views.”

Report from the Christian Telegraph

50 000 Visitors


The Random Thoughts Blog has reached something of a milestone – we have now had 50 000 visitors since we moved to the WordPress.com blogging platform. This isn’t a huge number of visitors when compared/contrasted with other sites, but it is still a big thing for this Blog. I wasn’t sure how many visitors we would get – I certainly wasn’t expecting that many. So thank you to everyone who has ever visited the site – even if you weren’t among our happier site viewers.

To mark this occasion I have changed the appearance of the Blog, to one that I hope is aesthetically more appealing and that will making the reading experience here so much better. The previous red-coloured links were getting to me, so I think this new look improves the reading experience here. Hopefully that proves to be the case. I do prefer the more clean approach to a Blog – much like a magazine or article in a book. It just allows me to enjoy the reading experience without having to struggle to stay focused on what I’m reading.

Anyhow – thanks again – and please come back.

Trial over ‘Insulting Turkishness’ Again Yields No Evidence


Justice Minister says Article 301 defendants ‘presumed innocent’ until verdict.

ISTANBUL, May 28 (CDN) — The 11th hearing of a case of alleged slander against two Turkish Christians closed just minutes after it opened this week, due to lack of any progress.

Prosecutors produced no new evidence against Hakan Tastan and Turan Topal since the last court session four months ago. Despite lack of any tangible reason to continue the stalled case, their lawyer said, the Silivri Criminal Court set still another hearing to be held on Oct. 14.

“They are uselessly dragging this out,” defense lawyer Haydar Polat said moments after Judge Hayrettin Sevim closed the Tuesday (May 25) hearing.

Court-ordered attempts to locate and produce testimonies from two witnesses summoned three times now by the prosecution had again proved fruitless, the judge noted in Tuesday’s court record.

Murat Inan, the only lawyer who appeared this time on behalf of the prosecution team, arrived late at the courtroom, after the hearing had already begun.

The two Protestant Christians were accused in October 2006 of slandering the Turkish nation and Islam under Article 301 of the Turkish criminal code.

The prosecution has yet to provide any concrete evidence of the charges, which allegedly took place while the two men were involved in evangelistic activities in the town of Silivri, an hour’s drive west of Istanbul.

Both Tastan, 41, and Topal, 50, became Christians more than 15 years ago and changed their religious identity from Muslim to Christian on their official ID cards.

Initially accompanied by heavy media hype, the case had been led by ultranationalist attorney Kemal Kerincsiz and a team of six other lawyers. Kerincsiz had filed or inspired dozens of Article 301 court cases against writers and intellectuals he accused of insulting the Turkish nation and Islam.

Because of Kerincsiz’s high-level national profile, the first few hearings drew several hundred young nationalist protestors surrounding the Silivri courthouse, under the eye of dozens of armed police. But the case has attracted almost no press attention for the past two years, ever since Kerincsiz was jailed in January 2008 as a suspect in the overarching conspiracy trials over Ergenekon, a “deep state” operation to destabilize the government led by a cabal of retired generals,
politicians and other key figures. The lawyer is accused of an active role in the alleged Ergenekon plot to discredit and overthrow Turkey’s ruling Justice and Development Party government.

Two weeks ago, Turkish Justice Minister Sadullah Ergin commented before the United Nations Human Rights Council on the controversial May 2008 amendments to Article 301, under which Tastan and Topal are being tried.

Ergin insisted that the revised Article 301 had provided “a two-fold assurance” for freedom of expression in Turkey. The most significant revision required all Article 301 cases to obtain formal permission from the justice minister before being prosecuted.

This week Ergin released Justice Ministry statistics, noting that out of 1,252 cases filed under Article 301 during the past three years, only 83 were approved for prosecution.

Stressing the principle of “presumption of innocence,” Ergin went on to criticize the Turkish media for presenting Article 301 defendants as guilty when they were charged, before courts had heard their cases or issued verdicts.  

But for Tastan and Topal, who by the next hearing will have been in trial for four years, Ergin’s comments were little comfort.

“At this point, we are tired of this,” Tastan admitted. “If they can’t find these so-called witnesses, then the court needs to issue a verdict. After four years, it has become a joke!”

Topal added that without any hard evidence, “the prosecution must produce a witness, someone who knows us. I cannot understand why the court keeps asking these witnesses to come and testify, when they don’t even know us, they have never met us or talked with us!”

Both men would like to see the trial concluded by the end of the year.

“From the beginning, the charges against us have been filled with contradictions,” Topal said. “But we are entirely innocent of all these charges, so of course we expect a complete acquittal.”

Report from Compass Direct News