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August 31, 2005

A Great Day in New York

I walked out of my office at about 7 p.m. on Wednesday. As I crossed W. 4th Street I heard the unmistakable booming voice of one Chuck D.

It turns out that Little Steven had decided to throw a surprise party for CBGB in Washington Square Park. Public Enemy was the final act. I caught about three songs, including the always moving "Fight the Power." It was a fabulous experience. Chuck was in great form. Flav was sober and funny. They asked us to pray for the people on the Gulf Coast and wondered why we couldn't send all those soldiers and dollars to help our own neighbors in need.

Justice. Truth. Word.

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Very Cool Review of Anarchist

From the ironically titled He Who Smokes Bitches blog:

... At the heart of Anarchist are two arguments, both compelling. The first is an economic one. With attempts like the Digital Millenium Copyright Act, which Siva tears a new one and joins me in thinking that it is one of the most freedom-hating pieces of legislation ever, types of innovation and technology are being crushed in the name of invasive, illegitimate, and ham-handed attempts to protect content. Intellectual property sacrifices all other types of innovation in order to protect itself. Devices to restrict and control access, limit use, and limit ownership of content place burdens on everyone and don't achieve their end goals very well. They just create a whole lot of inconvenience. The chief villains are the MPAA and RIAA, and those they crucify everyone from technology manufacturers to software writers to the most obvious martyr, Napster.

The second argument is a sociological and cultural one. Namely, that intellectual property law has gotten so out of hand it has commodified a public and collective good: culture. This is obviously true, because with the DMCA, works don't enter the public domain until 75 years after the author's death, or 95 in case of public works. That has effectively killed the public domain. In both cases, Siva trots out horrific examples of legal battles fought over artistic works, the nightmare and outrageous expense of obtaining a legitimate copy of ANYTHING in the developing world, and nightmarish legislation that has come pretty close to passing in Congress if it weren't for the power of the other corporate lobbies it would burden.

Through it all, Siva shows that the internet is in a deeper crisis than we think, and so is our enjoyment of our own culture. The battles are real, but we don't see them very often. And, most importantly, aside from anarchistic mobs and hackers, no one truly advocates a position for information freedom. Instead the content industry gets to dictate it all, and they're getting very good at it.

While Siva swings far to the left sometimes, his treatment of issues is balanced and sensible. He does not argue on ideological grounds primarily, but on the grounds of consequences. The real consequences of the path we are taking are not so promising, and threaten to undermine our democracy and our culture and give us little in return. From a conservative perspective, he has pointed out a lot of that old-fashioned economic menace: rent-seeking.

The use and manipulation of government by corporations to squeeze advantages for themselves and obtain artificial monopolies. Anarchist is rife with such examples, abuse of power, limitation of competition, and destruction of innovation. I recommend this book for anyone concerned about intellectual property and internet issues, because it serves as a good primer and is full of facts and real examples, not just theoretical bumbling (though he invokes plenty of great writers and theorists in the process). And, most importantly, he does it all in just around 200 pages, depending on the edition you buy.

Jonah Goldberg Makes Fun of Suffering in New Orleans

In its constant attempt to please the right wing, NPR has been inviting this idiot to do political commentary on weekends.

We already knew Goldberg had no brain, no heart, and no courage. But this latest thing is too disgusting. Now he is making fun of poor people who lost their homes and more.

ATTN: SUPERDOME RESIDENTS [Jonah Goldberg] I think it's time to face facts. That place is going to be a Mad Max/thunderdome Waterworld/Lord of the Flies horror show within the next few hours. My advice is to prepare yourself now. Hoard weapons, grow gills and learn to communicate with serpents. While you're working on that, find the biggest guy you can and when he's not expecting it beat him senseless. Gather young fighters around you and tell the womenfolk you will feed and protect any female who agrees to participate without question in your plans to repopulate the earth with a race of gilled-supermen. It's never too soon to be prepared. Posted at 10:05 AM

Please join me in writing to NPR and demanding that they never allow this disgusting person back on the air.

And, of course, more right-wing hacks are insulting those who are suffering.

I can't believe we let these people run anything, let alone everything.

Image of New Orleans

From the USGS Landsat Project:
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Click on the link to see the high-resolution version. You can almost tell which streets are dry.

Why I Hate Microsoft, Part Infinity Plus Two

When I bought my new computer, I purchased the Microsoft Office 2004 software simultaneously. I loaded it, and duly filled out all the forms and numbers to register it online, and I even got a confirming e-mail thanking me for my MSpurchase and MSregistration. So you can imagine my annoyance when every time I use Word, I am informed that this is a 30 day "Test Drive" and that I have some number of days (now 23) to use it before I must purchase it, which of course I already did. Not just once in a while, but every time I open Word, periodically while I use it, and every time I close it, I get a box that informs me this is only a "Test Drive," puts a "MS Test Drive" watermark on my document as I am working with it, and gives me three options: "Buy Now," "Learn More," and "Remind Me Later." Egregiously missing are at least two options that desperately need to be added: "I Already Bought And Registered Your Lousy Software, You Idiots" and "Stop Harassing Me You Rapacious MSNincompoops."

Socialism, Bush Style

Government expenditures have been rising at alarming rates for the past five years, with more and more money going to rich people and Republican companies.

The aggregate power of the U.S. economy continues to rise, but poverty continues to rise as well, incomes are painfully stagnant, more people are relying on government health care while fewer have insurance through their employers.

The Bush poverty policy? The poor, with no better options, go off to die in a war to make rich people richer while the children of the rich laugh and play.

This situation is intolerable. As income inequality rises, so does social discontent, the potential for widespread health problems, educational stagnation, and an erosion of civic duty.

Nothing good can come from this level of economic corruption and socialism for the rich.

Think You Are a Constitutional Originalist?

Think again.

Jack Balkin writes:

Nobody, and I mean nobody, whether Democrat or Republican, really wants to live under the Constitution according to the original understanding once they truly understand what that entails. Calls for a return to the framers' understandings are a political slogan, not a serious theory of constitutional decision-making.

I'm now a believer

I wasn't as partial as many others were to Kanye West's first album, The College Dropout, and I figured that wouldn't enjoy his follow-up album as much as his work as a producer, particularly on Common's new album, Be. Hearing that West referred to Late Registration as "the best-produced record—ever" made want to hear it even less.

Fortunately, curiosity got the best of me, and the thing is, he might even be right. Or rather - before some Dark Side Of The Moon freak tracks me down - there's a case to be made that West might be right. The production simply couldn't be better, particularly the astonishing groove of "Addiction" and the creepy, hallucinatory strings of "Crack Music." And I don't know that an album can open with a better-sounding track than "Heard 'Em Say," which even includes a vocal loop by Adam Levine of Maroon 5 that doesn't make me feel like punching him.

This isn't the best rap album out there, just because West -- although possibly the best, most inventive producer working today -- simply isn't as good a rapper as some of his peers. Indeed, one of the problems of the iPod is that it invites immediate comparisons. After listening to "Heard 'Em Say" for about the hundredth time today, I switched over to other great opening tracks from rap albums. It simply doesn't get me like "Fear Not Of Man" from Mos Def's Black on Both Sides, "Bring the Noise" from PE's It Takes A Nation Of Millions, or "The N***** You Love To Hate" from Ice Cube's Amerikkka's Most Wanted. And, although it isn't particularly fair, I couldn't listen to West's lovely and clever song for his mother, "Hey Mama," without immediately switching over to listen to 2Pac's "Dear Mama" for possibly the one millionth time. "Dear Mama" doesn't have anywhere near the creative production of West's song, and on listening to it again, I'm not sure the lyrics are any more heartfelt or clever. But 2Pac's brilliant rapping -- his voice, his timing, his stretching out some of his rasps -- made him sound anguished in that song, unable to express his guilt at not being a better son.

So that said, I'm not sure I'd go with Rolling Stone's five stars for Late Registration, particularly since that's a higher score than they gave to Outkast's Aquemini, Things Fall Apart by The Roots, or The Low End Theory and Midnight Marauders, both by A Tribe Called Quest. Even with my fairly limited hip-hop collection, I'd list all of these classics as better than Late Registration, and more likely to reward long-term listening.

But I'm now a believer. West is a good enough rapper for the album to work, and I'm not sure I can easily pick a record that simply sounds better.

August 30, 2005

Joel's OK but New Orleans isn't

Our friend and Sivacracy.net contributor Joel Dinerstein drove himself from New Orleans to Austin in plenty of time to escape Hurricane Katrina. So he is safe, I am happy to report. He can't use his e-mail or cell phone very much because the requisite servers and services are all under water. We have no word on the condition of his house or his amazing record and book collection.

It seems 80 percent of the city of New Orleans is under water after a levee broke this morning. It's ugly. The whole city will be unusable and uninhabitable for months. I wonder how people will cope. Will millions be homeless and unemployed? What sort of safety net will take care of all these folks? Is there enough insurance in the world to rebuild the city? Where will everybody sleep in the meantime? Will anyone be able to get insurance on the rebuilt buildings in NO?

I can't remember anything since the San Francisco earthquake in 1906 that compares to this. We had a different economy and a different sense of civic responsibility (i.e. none, especially for people of color) back then. This time, we must and we will help.

A few years ago we all rallied after the horrible attacks on NYC. Americans came through for us here, big time. But we are a bankrupted nation now. We gave all our surplus away to rich people a few years ago and bought a large Middle Eastern country on credit cards. I'm not sure why anyone thought those were good ideas but they did. So now all the money's gone.

This will be a real test of us as Americans and human beings. Can we rebuild New Orleans? Do we have the wealth? Do we have the will?

Hope For Us All?

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These are purportedly photos of Tina Turner and Tom Cruise taken when they were young, from this site.

August 29, 2005

Keepin' Austin Weird

"Race Exudes City's Uniqueness"

Austin has to manufacture its weirdness these days? Why, back in the '80s...

August 28, 2005

Help Catch a Pervert

Story and photo here.

The Christian's Guide to Small Arms

The Christian's Guide to Small Arms "was developed in response to the fact that most American Christians have fallen into ignorance concerning the responsibilities and skills required of the Christian freeman.

"CGSA is not intended to be THE definitive source on this subject, but rather a primer for the Christian who is beginning to reject the false theology that requires him to be a pacifistic patsy in the face of heathen hordes."

Woody Guthrie's Words

I AIN'T A GONNA KILL NOBODY

"I took a bath this morning in six war speeches, and a sprinkle of peace. Looks like ever body is declaring war against the forces of force. That's what you get for building up a big war machine. It scares your neighbors into jumping on you, and then of course they them selves have to use force, so you are against their force, and they're aginst yours. Look like the ring has been drawed and the marbles are all in. The millionaires has throwed their silk hats and our last set of drawers in the ring. The fuse is lit and the cannon is set, and somebody is in for a frailin. I would like to see every single soldier on every single side, just take off your helmet, unbuckle your kit, lay down your rifle, and set down at the side of some shady lane, and say, nope, I aint a gonna kill nobody. Plenty of rich folks wants to fight. Give them the guns."

-from WOODY SEZ, a collection of articles written by Woody for the PEOPLE'S WORLD.

Stumps 'R Us

Stumps 'R Us bills itself as "A Whimsical Support Group of Cheerful Cripples Who Can Answer almost ANY question you might have about life without one, two, three or four limbs." I wonder if they have received a trademark infringement cease-and-desist letter from Toys R Us yet.

Literary Rock Star

A few days ago I heard Christopher Paolini, author of epic fantasy novels Eragon and Eldest, give a lecture as part of the promotional tour for Eldest, the second book in a planned trilogy. Only twenty-one years old now, he said he wrote the first draft of Eragon at age 15. His parents helped him rewrite the tome and then self-publish it, and it was the family's relentless promotional efforts that lead to a book contract for Eragon with a major book publisher, which facilitated the incredible success the work has experienced so far.

The introduction of Paolini set my teeth on edge a bit, as the Philadephia Free Library representative who made it noted that "boys like the sword fights, while girls fall in love with the dragons." That kind of gendered dualist thinking isn't very helpful, especially not to the bright, energetic and slightly quirky adolescents that seem to be the trilogy's primary target audience, at least as evidenced by the overflow crowd that had come to hear Paolini speak. One of the main characters in Eragon, and the only dragon of any importance in that book, Saphira, is female. Paolini plays with sexist stereotyping in Eragon a little, and it was a shame that his efforts were slightly undermined by this introduction.

But Paolini was terrific; smart, funny, and engaging, and the crowd understandably adored him. I waited almost two hours in a very long line afterwards to get some books signed, and though he must have been exhausted, he was friendly and nice and exchanged a few words with every person who proffered a book.

The wait just to get into the lecture was a long one, and I overheard a lot of conversations suggesting that more than a few Eragon fans felt that they were intellectually superior to Harry Potter fans. Paolini was asked about his views on Harry Potter during a question-and answer session immediately after his lecture, and he replied that he thought the Harry Potter books were wonderful, and had great praise for J.K. Rowling. How I loved him for this!

One thing Paolini accomplishes that Rowling cannot do as easily as an adult is, in addition to fostering a love of reading, which Rowling does without question, he helps kids believe that they can WRITE books too.

Read Eragon if you haven't! If you like it, you'll find Eldest even better.

August 27, 2005

Defending free speech on America's campuses

AP has published an interesting article about the free speech advocacy group FIRE -

". . .Since 1999, the Foundation for Individual Rights in Education has battled pro bono for evangelicals and atheists, animal rights activists and campus conservatives, and others who say they have been silenced by school administrations because of their points of view. . . .

"With 11 employees in Philadelphia and a network of dozens of volunteer attorneys nationwide, the foundation has grown from an organization that publicized student complaints to a resource for college communities.

"Foundation president David French said the group's goal is to 'transform the culture of education into one that respects free speech for everybody.'

"He said the foundation has successfully defended students, professors and student newspapers in nearly 100 cases — at schools public and private, small and large, urban and rural.

"Its most high-profile battles have been against campus speech codes. . . ."

Click here to read the entire article.

Radioactive Collectibles

The boys at Dangerous Laboratories bring us Fiestaware and other radioactive collectibles -

http://www.dangerouslaboratories.org/rglass.html

Coulter Calls New Yorkers "Cowards" -- New Yorkers Yawn

This one is for you, Siva and Melissa.

More evil rot escapes from Big Bird's mouth and no one seems to care -

"Coulter repeated claim that New Yorkers 'would immediately surrender' to terrorists"

August 26, 2005

How Dangerous is the NYTimes Rightward tilt?

Worse than you could imagine. That paper is really becoming an insult to the intelligence of its readers.

How the Right Twists Itself When Exposed

Eugene Volokh has been protesting that he is NOT a homophobe. He merely disagrees with some about something and therefore gets labelled a homophobe.

Oh, if only.

From The Light Of Reason:

The issue isn’t whether Volokh is offering ideas with which many of us don’t “completely agree.” The issue is whether Volokh is offering hypotheses without any factual foundation at all, and whether he uses statistics in so selective and misleading a manner that he distorts what may be legitimate issues (if approached in a very different manner) into particularly vicious attacks on a group which is already under constant assault.

Put it another way: the issue is whether Volokh is offering ideas which are completely arbitrary—and then demanding that we treat them “seriously” or risk being viewed as narrow-minded. That last element is worthy of special note: there is a very strong attempt at intimidation present in Volokh’s argument. He is maintaining that if you treat his ideas as of no worth whatsoever than you are the bigot, at the very least an intellectual bigot. You’re not genuinely “open-minded”; you aren’t willing to consider whatever conclusions the evidence might support.

But all of that is a lie, too: Volokh’s theories are not supported by any facts at all, and no evidence supports his alleged conclusions. It is not “narrow-minded” to reject ideas that are arbitrary and nonsensical: that is precisely how we protect our intellectual integrity, and prevent genuine knowledge from contamination by dangerous foolishness. There is another part to this attempt at intimidation: the implication that to ever identify someone—especially a “well-respected” law professor at a major university!—as an “anti-gay bigot” is somehow beyond the pale. But that isn’t what is beyond the pale: what is intolerable is that Volokh actually is one. And I own that charge completely: if someone’s baseless arguments consistently feed directly into the agenda of the Hate-Filled Right and its nonstop attacks on gays, then he becomes an anti-gay bigot in fact and for all relevant purposes. If Volokh doesn’t want to be regarded as an anti-gay bigot, then he should stop talking and acting like one.

It's a standard right-wing tactic. Make some bullshit up and then look appalled when others call you on it. Then say it's your critics who are being illiberal or intolerant. That way the debate gets shifted to the terms of liberalism rather than the ridiculousness of your original statements.

Well done, Gene. Lord Duku has taught you well.

August 25, 2005

The FBI wants to know what you read

Despite claiming it does no such thing, the FBI isusing the Patriot Act to demand library information with no judicial approval.

Is Pat Robertson a Terrorist?

Because U.S. law is so badly written, he might be. As hateful and un-Christian as Robertson is, he does not deserve be prosecuted for this. Of course, neither do many other innocent yet foolish people.

Innocent, Yet still Imprisoned

This government is keeping people it says are innocent imprisoned at Gitmo for no good reason at all.

Did John Roberts Help His Client Break Federal Law

If he did, he should certainly not sit on the Supreme Court.

More Reasons to Love Jon Stewart

He keeps us sane. He is the only person on television willing to ask hard questions and call a lie a lie instead of letting the powerful and stupid go unchallenged on everything.

And he trusts his fans.

Stewart on fans trading the best clips from the Daily Show on the Internets:

"We're not going to shut it down - we don't even know what it is. I'm having enough trouble just getting porn."

Is Eugene Volokh A Sexist, Hypocritical Bigot?

Siva already posted about Volokh's blogging on the issue of "homosexual conversion," and so have a bunch of other fine blogs. One point I haven't seen get enough attention, though, is that while Eugene is perfectly happy to say things like this:

"My earlier post noted in passing that male homosexual sex is much more dangerous for the men than is heterosexual sex. To my surprise, three people e-mailed me with fairly detailed messages that either denied or minimized these risks. I decided to respond, because this is actually an important point, on which people need to know the facts."

And this:

"Some readers challenged my claim that there is "disproportionate and grave health danger from male homosexual activity" to men, compared to the danger from male heterosexual activity. I think this danger is tragic, and I very much hope that medical advances will lead to the danger's decreasing. All decent people should agree that it's tragic. (The bunk that we hear from some quarters about AIDS being God's punishment for homosexuality would suggest, as some wit put it, that lesbians must be God's chosen people, since their rates are apparently very low.) But it seems to me quite clear that this danger is very much there."

...something important is getting glossed over. He doesn't spend any time talking about the risks of heterosexual sex for women. His whole emphasis is on the fact that heterosexual sex is safer for men. His brief allusion to the fact that lesbians have very low HIV infection rates is treated like a joke. I'm not laughing. If health is indeed Eugene's main concern about homosexual conversion, as he seems to claim it is, he should be advocating for as much "lesbian conversion" as possible. Instead, he is recommending the most dangerous kind of sex for females, without explicitly noting that enhanced safety for men comes (whoops, bad pun) at women's expense.

At one point he notes: "I'd prefer that men with bisexual orientations who can be happy with women not experiment with men; but that's a judgment about medical risk, not about the inherent morality of "conversion" attempts, and in any event it doesn't apply to lesbianism." Not good enough. Heterosexual sex puts women at risk not only for HIV, but other STDs such as the virus that causes cervical cancer, and of course unplanned pregnancies as well. If Volokh really cares about sexual health and safety, he should be warning women not to have sex with men, period. Logical coherence would seem to require that he laud "lesbian coversion" as a positive phenomemon. But as far as I can tell, he hasn't. Hmmm.

You can find the quoted posts and others on the topic at The Volokh Conspiracy, to which I prefer not to link. (Kudos, though, to his co-blogger Orin Kerr, for pressing Volokh on many of his claims and for being one of the smartest, most thoughtful and most decent conservatives I know).

Will Jagger Get Dixie Chicked?

From NME.com:

"THE ROLLING STONES accuse US President GEORGE W BUSH of being "full of sh*t" on their new album. The track ’Sweet Neo Con’, one of the tracks on the forthcoming ’A Bigger Bang’, was already known to be fiercely anti-Bush.

"However, frontman Mick Jagger's disdain for the American leader has now been confirmed, with Rolling Stones singer revealing some of the lyrics in an interview with Newsweek.

"But the singer has revealed that guitarist Keith Richards, who lives in the US, is a bit worried about the direct nature of the words.

"An extract from ’Sweet Neo Con’ features the following lines: "You call yourself a Christian, I call you a hypocrite/You call yourself a patriot, well I think you're full of shit."

"Jagger said of the track: “It is direct. Keith said: ‘It's not really metaphorical.’ I think he’s a bit worried because he lives in the US. But I don’t.”

Meanhwhile, however, Neddie Jingo notes that the Rolling Stones have: "...a sponsorship deal with Ameriquest, one of history's rottenest predatory lenders, who are engaged in an all-out, mindbendingly expensive effort to whitewash their image. Ameriquest has dropped $1.5 million into Arnold Schwarzenegger's campaign treasury, along with plenty of other politicos from both sides of the aisle and, of course, Preznit George, who's named Roland Arnall, Ameriquest's top executive, to the ambassadorship of the Netherlands."

Slavery As We Have Heard It

From this site:

"In the Fall of 1932 the students at Jonesboro Elementary School, Greensboro, N.C., under the direction of Mr. Abraham H. Peeler, undertook an oral history project to document the memories of their parents, grandparents, or relatives. They captured these memories in brief compositions, which were placed in a folder "Slavery As We’ve Heard It."

It is through the magic of the Internet that these are so readily available to the world. There is no indication at the site about the copyright status of the essays; hopefully the authors still hold the rights!

Banned Commercial

According to Be A Witness dot org, ABC, CBS and NBC are refusing to run this ad.

August 24, 2005

About 40% of us are still good Americans

Those Americans who now are on the side of the terrorists appear to be 58% of the population, according to a new Harris Poll. On the bright side, 40% of Americans still approve of President Bush's job performance. Mr. President, I know you don't pay attention to the polls, which are mostly reported in the newspapers that you don't read, but I implore you: when you cancel next year's Congressional elections and declare martial law, please don't forget about banning these polls as well. They're mean and disrespectful, and make me suspicious that many Americans are losing that special quality of credulousness that has been the bedrock of your presidency.

Your Face On A Pez Dispenser

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From the Burlingame Museum of Pez Memorabilia.

Voice Over Artists

Rated R. Also rated "AM" (all men).

One Less Female Physician In Iraq

From Catch.com:

The Great Liberator on March 12, 2004 celebrating "global women's human rights":

PRESIDENT BUSH: I want to thank my friend, Dr. Raja Khuzai, who's with us today. This is the third time we have met. The first time we met, she walked into the Oval Office -- let's see, was it the first time? It was the first time. The door opened up. She said, "My liberator," and burst out in tears -- (laughter) -- and so did I. (Applause.)

Dr. Khuzai also was there to have Thanksgiving dinner with our troops. And it turned out to be me, as well. Of course, I didn't tell her I was coming. (Laughter.) But I appreciate that, and now she's here again. I want to thank you, Doctor, for your hard work on the writing of the basic law for your people. You have stood fast, you have stood strong. Like me, you've got liberty etched in your heart, and you're not going to yield. And you are doing a great job and we're proud to have you back. Thanks for coming. (Applause.)

*********

Dr. Raja Kuzai yesterday:
"This is the future of the new Iraqi government - it will be in the hands of the clerics," said Dr. Raja Kuzai, a secular Shiite member of the Assembly. "I wanted Iraqi women to be free, to be able to talk freely and to able to move around."

"I am not going to stay here," said Dr. Kuzai, an obstetrician and women's leader who met President Bush in the White House in November 2003.

See also This Modern World (Safia Taleb al-Souhail, Iraq's ambassador to Egypt and woman who stood next to Laura Bush during one of W's State of the Union addresses flashing a purple finger, says: "When we came back from exile, we thought we were going to improve rights and the position of women. But look what has happened -- we have lost all the gains we made over the last 30 years. It's a big disappointment.")

Trademarks of Death

This Yahoo article reports:

"Unlike earlier wars, nearly all Arlington National Cemetery gravestones for troops killed in Iraq or Afghanistan are inscribed with the slogan-like operation names the Pentagon selected to promote public support for the conflicts.

"Families of fallen soldiers and Marines are being told they have the option to have the government-furnished headstones engraved with "Operation Enduring Freedom" or "Operation Iraqi Freedom" at no extra charge, whether they are buried in Arlington or elsewhere. A mock-up shown to many families includes the operation names.

"The vast majority of military gravestones from other eras are inscribed with just the basic, required information: name, rank, military branch, date of death and, if applicable, the war and foreign country in which the person served.

"Families are supposed to have final approval over what goes on the tombstones. That hasn't always happened.

"Nadia and Robert McCaffrey, whose son Patrick was killed in Iraq in June 2004, said "Operation Iraqi Freedom" ended up on his government-supplied headstone in Oceanside, Calif., without family approval.

"I was a little taken aback," Robert McCaffrey said, describing his reaction when he first saw the operation name on Patrick's tombstone. "They certainly didn't ask my wife; they didn't ask me." He said Patrick's widow told him she had not been asked either.

"In one way, I feel it's taking advantage to a small degree," McCaffrey said. "Patrick did not want to be there, that is a definite fact."

The owner of the company that has been making gravestones for Arlington and other national cemeteries for nearly two decades is uncomfortable, too.

"It just seems a little brazen that that's put on stones," said Jeff Martell, owner of Granite Industries of Vermont. "It seems like it might be connected to politics."

"The Department of Veterans Affairs says it isn't. "The headstone is not a PR purpose. It is to let the country know and the people that visit the cemetery know who served this country and made the country free for us," VA official Steve Muro said.

"Since 1997, the government has been paying for virtually everything inscribed on the gravestones. Before that, families had to pay the gravestone makers separately for any inscription beyond the basics.

"It wasn't until the invasion of Iraq in March 2003 that the department instructed national cemetery directors and funeral homes across the country to advise families of fallen soldiers and Marines that they could have operation names like "Enduring Freedom" or "Iraqi Freedom" included on the headstones."

Read the rest here.

August 23, 2005

Iraq's Supreme Federal Court

Now we have a slightly fuller translation of the proposed Iraq constitution, though one that's clearly far from finished. Incidentally Juan Cole noted on his blog that an earlier AP translation was fairly misleading; because I can't read Arabic, I can't say for sure.

Anyway, the question that many secular critics of Iraq's constitution have raised is "what role will Islam play?" The emphasis on it in the opening chapter is a bit unnerving, but it becomes even more nerve-wracking and confusing later on when we get to read about the Supreme Federal Court. Here's a partial list of its functions:

1st -- overseeing the constitutionality of federal laws before they are issued.

2nd -- overseeing the constitutionality of the laws and standing regulations.

3rd -- interpreting the text of the constitution.

4th -- ruling in cases that emerge from the implementation of federal laws.

5th -- ruling in disputes between the federal government and the governments of the regions and the provinces and local administrations.

6th -- ruling in disputes between the governments of the regions or provinces.

And who gets to sit on this court?

From Article 90:

2nd -- The Supreme Federal Court will be made up of a number of judges and experts in sharia and law, whose number and the manner of their selection will be defined by a law that should be passed by two thirds of the parliament members.

So, admittedly, not as clear as we might like. Who are the judges? Who are the "experts"? I don't think for a minute that Muslim clerics are somehow naturally opposed to human rights, since Islam is far too decentralized a religion for anyone to be able to point to much unanimity about its meaning. That said, the case of Amina Lawal in Nigeria is a cautionary tale of what can happen when increasingly austere notions of Islamic justice become grounds for differentiation in politically divided societies. That is, divisions in Iraq include fights over the extent to which Islam ought to dominate civic life. One way for some political actors to try to achieve greater authority will likely be in the construction of increasingly atavaistic and pernicious notions of what the Koran says, who may interpret it correctly, and what punishments should befall those who violate its tenets.

Islam isn't itself the source of the problem, at least not in any way that differentiates it from Christianity, Judaism, or any other faith; the problem is instead with the ability to use ancient scripture in modern-day power plays with very, very high stakes. It's a problem for the United States as well, of course. What worries me in this case is that religion is being encoded into the constitution in a dominant and yet ambiguous way, leaving many of the fights for later, but providing the upper hand to those "strict constructionists" who will point to deviation from scripture as the source of the nation's many continuing problems. And there will be victims in their efforts: women, gays, secular critics, etc.

I'm not Iraqi, and it's certainly not my place to critique their constitution any more than I would any other nation's. But Siva is absolutely correct in mocking President Bush's sunny optimism about the nation's democratic prospects. Particularly since the president is so fond of invoking women's rights in the discussion, his speech is symptomatic either of dementia or of a truly mind-boggling capacity for dishonesty.

They Fought the Law, and The Law Turned Out to be less than it's cracked up to be

Juan Cole, who evidently believes that his professional standing and unparalleled knowledge of Shiite politics entitle him to be a Gloomy Gus about Iraq's march toward freedom, writes that yesterday's submission of a partly completed constitution and hold on the ratification amount to a "coup" there. Of course, I think it's clear that under the tutelage of the Bush administration -- with its refusal to let some "United Nations" thing (if that is its real name) determine who we can and can't invade -- as well as the Republican Congress (which wasn't going to allow some silly rules prevent the confirmation of Torquemada and other recent judicial nominees), the Iraqi government is taking a healthy, skeptical approach to the whole "law" thing.

I say, whatever gets the job done! Sunni leader Saleh Mutlak, don't you realize that by delaying ratification of this document, which will probably turn out to be as flexible as the interim constitution, you're simply playing right into Cindy Sheehan's hands?

Please Send Comments: Critical Information Studies

Here is a link to a paper I wrote recently:

SSRN-Critical Information Studies: A Bibliographic Manifesto
by Siva Vaidhyanathan

Abstract: This paper takes measure of an emerging scholarly field that sits at the intersection of many important areas of study. Critical Information Studies (CIS) considers the ways that culture and information are regulated and their relationship to commerce, creativity, and other human affairs. CIS captures the variety of approaches and bodies of knowledge needed to make sense of interesting, important phenomena such as copyright policy, electronic voting, encryption, the state of libraries, the preservation of ancient cultural traditions, and markets for cultural production. It necessarily stretches to a wide array of scholarly subjects, employs multiple complementary methodologies, and influences conversations far beyond the gates of the university. This field can serve as a model for how engaged, relevant scholarship in other areas might be done. Economists, sociologists, linguists, anthropologists, ethnomusicologists, communication scholars, lawyers, computer scientists, philosophers, and librarians have all contributed to this field. CIS interrogates the structures, functions, habits, norms, and practices that guide global flows of information and cultural elements. Instead of being concerned merely with one’s right to speak (or sing or publish), CIS asks questions about access, costs, and chilling effects on, within, and among audiences, citizens, emerging cultural creators, indigenous cultural groups, teachers, and students. Central to these issues is the idea of “semiotic democracy,” the ability of citizens to employ the signs and symbols ubiquitous in their environments in manners that they determine.

Why the Japanese Election Isn't About Iraq

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Although elections in the UK and Spain have turned into referenda on their governments' support for the Iraq War, I find it unlikely to be crucial in the upcoming Japanese election. The Washington Post recently provided an editorial calling for the re-election of Prime Minister Koizumi's Liberal Democratic Party over the Democratic Party of Japan, headed by Okada Katsuya (both pictured above, Okada not with his arm around the President). It cited prospects for economic reform as well as the Democrats' pledge to withdraw Japanese troops from Iraq.

Briefly, Japan has 550 troops in Samawah, a relatively peaceful area in southern Iraq, where they are primarily there to provide water. It was a hugely controversial move for Koizumi. Almost certainly, non-military NGOs could have provided more water, more cheaply, but this was a way to get Japanese boots on the ground. In order to make the deployment consistent with Japan's constitution, Koizumi had to go with a law stipulating that they would serve only in "non-combat areas," a designation that seems absurd to many Japanese.

But this election, which Koizumi called in order to bring his own party into line, isn't primarily about Iraq. No Japanese soldiers have died, and they haven't killed anyone. It has faded somewhat from the Japanese news. The catalyst for this particular snap election was the defection of a number of LDP members to vote against Koizumi's long-term pet project, privatization of Japan's postal finance system. This is not the most important financial reform that Japan needs, but it has enormous political implications (particularly for the LDP) because of the role of these finances in supporting pork barrel projects. The Democrats also have a liberalization plan, and they generally have been the more "pro-reform" party.

My guess is that the LDP, which has a number of built-in incumbency advantages anyway, will likely win, largely because the media are painting the fight as being in large part a struggle between Koizumi and "anti-reformers" in his own party. But I also don't believe that the political implications of the election will be immediately apparent, because the watered-down reform bill Koizumi is offering won't completely solve the pork-barrel problem. Instead, like campaign finance reform in the US, it'll change the rules and loopholes regarding political fundraising.

The Australian gets it right here in pointing out that Iraq becomes more relevant if Okada manages to use his withdrawal pledge to woo the LDP's parliamentary partner, the Komeito, to his side, a prospect I find kind of unlikely. But who knows?

Reality, meet the President; Mr. President, this is reality

From the White House:

"The fact that Iraq will have a democratic constitution that honors women's rights, the rights of minorities, is going to be an important change in the broader Middle East."
-- President George W. Bush

Is there anybody out there who really thinks this man has a clue what is happening in Iraq? Seriously. Anybody?

Newsweek on The Wiring of Campus

From the Newsweek Education section

... Now schools—once leaders in American technology—find themselves running to keep up. Siva Vaidhyanathan, a New York University professor of communications, says technologies are changing so rapidly that "it's radically different" from when he was in graduate school—and that was just seven years ago. The whole admissions process itself, from surveying schools online to filling out forms to hearing if you got in, is heavily high tech. But once you're on campus, the digital world really kicks in. ...

... Unlike the situation a few years back, when too many colleges' tech spending seemed to be willy-nilly, schools have now gotten smarter. "It's no longer about the gee-whiz effect," Vaidhyanathan says. In the "good tech" column he cites Wi-Fi, which has created libraries that "no longer stop at the walls." On the "bad tech" side, he says, is PowerPoint, which many students hate because of teachers' slavishly following the class outline point by point. And like other educators, Vaidhyanathan says he has no idea why Duke gave away iPods. While Duke administrators insist the experiment is working, the school has announced it will now be distributing iPods only in iPod-friendly courses. ...

... And yet, for those who fully embrace the new world, the possibilities are great. Napster, after all, was created by Shawn Fanning in his dorm room at Northeastern, and college dropouts famously founded Microsoft and Apple. Students push technology forward. That's why Nelson Pavlosky, a Swarthmore student active in the copyright wars over file sharing, thinks all campuses are worth watching. "It's what the rest of the country might look like in two to five years." And then he pauses for a profundity moment. "Hey," he says. "We are the future." It's the sort of thing college students have always said. But guys like Pavlosky might actually be right.

Full story below

High-Tech Hot Spots Campuses are at the center of the digital age. Of course you have a PC and a cell. But are you in Thefacebook?

By John Schwartz
Newsweek

Aug. 22, 2005 issue - Julianna Allen's all ready for Vassar. She's ordered her Apple iBook with the Vassar discount, and she's got her iPod fully loaded. She knows the campus, having studied up online. But most important, ever since she got her acceptance letter she's been meeting her future classmates virtually. They're easy to find on Vassar's Web site as well as at Thefacebook.com, the online phenomenon that's probably sucked up more free time than videogames Halo 2 and Madden NFL combined. Some of her uninitiated friends ask, "Isn't that just a thing for stalkers?" But Allen, of Takoma Park, Md., has already had people get in touch who share her love of Terry Pratchett's "Discworld" novels, along with other things she's had to say in Vassar's online forums. "I think we're going to be friends," she says.

The most wired students in the history of the world, just like Allen, are going off to college. Today's entering freshmen created PowerPoint presentations in middle school, if not before—and yet may have never "dialed" a telephone. They grew up digital: with PCs, broadband and cell phones at the ready. Likelier to reach for Google than for a dictionary, they live-journal their days and photoblog their snaps, trade music and swim in a sea of messages—e-mail, instant messaging and text. Some of their parents may not even know what verbs like live-journal and IM mean. "Students are so tied in to computing and networking that it's almost like an extension of their central nervous system," says Garland Elmore, a professor of informatics and communications at Indiana University. "It's how they connect to their friends, it's how they connect to information—it's how they connect to their world."

Now schools—once leaders in American technology—find themselves running to keep up. Siva Vaidhyanathan, a New York University professor of communications, says technologies are changing so rapidly that "it's radically different" from when he was in graduate school—and that was just seven years ago. The whole admissions process itself, from surveying schools online to filling out forms to hearing if you got in, is heavily high tech. But once you're on campus, the digital world really kicks in.

College students register for classes, pay tuition bills, turn in assignments and deal with professors and classmates—all online. Many classes have course-management Web sites that post syllabuses, e-mails and tools that allow students to collaborate. In class, the sound of pens on paper is being replaced by the soft pocketa-pocketa of laptop keyboards. And the explosion in wireless technology has taken the Internet and all the research tools of the library to every dorm room and, frequently, to every corner of campus. Want to relax under an oak tree on the quad? That's fine: Wi-Fi still allows you to stay in touch.

Schools want you to know how cool they are. Many schools proudly call themselves "America's most wired"—a claim that often says more about their PR departments than their infrastructure. But these days every campus is, to some degree, wired (and wireless), with new services and technologies. A year ago Duke gave iPods to all freshmen and then urged faculty to incorporate the music players into coursework. Peter McIsaac of the department of Germanic languages and literature took full advantage in his "Berlin in the 20th Century" class, one of 11 in the fall 2004 semester to do so. Through the class Web site and a special Duke section on Apple's iTunes, his students could download music ranging from 1920s cabaret to the techno of today's Love Parades. They could hear JFK saying "Ich bin ein Berliner" and Ronald Reagan telling Soviet leader Mikhail Gorbachev to "tear down this wall."

Dartmouth, in the wilds of central New Hampshire, has staked its claim to high-tech prominence by going entirely wireless. Its network combines Internet, telecommunications and video. Students anywhere on campus—in the classroom or lab, at the stadium and even at the boathouse—can access the Net or watch TV on their computer screens. Looking forward, Dartmouth is experimenting with "Star Trek"-like communications badges from a company called Vocera that let students conduct virtual meetings.

Unlike the situation a few years back, when too many colleges' tech spending seemed to be willy-nilly, schools have now gotten smarter. "It's no longer about the gee-whiz effect," Vaidhyanathan says. In the "good tech" column he cites Wi-Fi, which has created libraries that "no longer stop at the walls." On the "bad tech" side, he says, is PowerPoint, which many students hate because of teachers' slavishly following the class outline point by point. And like other educators, Vaidhyanathan says he has no idea why Duke gave away iPods. While Duke administrators insist the experiment is working, the school has announced it will now be distributing iPods only in iPod-friendly courses.

The Amazon.com generation expects just about everything to be digitalized. New Web sites pop up daily to serve students: to investigate prospective teachers at Rate MyProfessors.com, check out prospective dates at CampusMatch.com and find laughs at CollegeHumor.com. And, of course, Thefacebook is becoming ubiquitous. The Web site lets you find any given student fairly quickly and see what friends you have in common. Launched by Harvard students in 2004 and attracting millions in Silicon Valley investment, Thefacebook has even produced its own celebrity: Charlie Rosenbury, a computer-science major at the University of Missouri, who wrote a program to auto-mate the process of inviting people to be his Facebook friends—and 71,000 agreed.

As with most inventions, new campus technologies have their downside—and it's just not the relentless invasion of spyware. Schools say cheating is more prevalent than ever. Plagiarists flock to sites like 1stterm paper.com and Schoolsucks.com, while teachers can use Turnitin.com, which checks students' work against billions of Web pages and its own databases of canned papers.

As much as "connectivity" is the watchword of the digital age, some students worry that the online world can be isolating. "You just sit in your room even more," says Aviva Gerber, a Brandeis student. Others say to-tal immersion can just be a pain. When Daphna Guttin, a University of Texas fashion-design major, sits down in class, out comes the old spiral notebook, which never crashes or runs out of juice.

And yet, for those who fully embrace the new world, the possibilities are great. Napster, after all, was created by Shawn Fanning in his dorm room at Northeastern, and college dropouts famously founded Microsoft and Apple. Students push technology forward. That's why Nelson Pavlosky, a Swarthmore student active in the copyright wars over file sharing, thinks all campuses are worth watching. "It's what the rest of the country might look like in two to five years." And then he pauses for a profundity moment. "Hey," he says. "We are the future." It's the sort of thing college students have always said. But guys like Pavlosky might actually be right.

Feminism, Intellectuals, and the 'Vita Activa'

John McGowan continues his defense of Judith Butler and his criticism of Martha Nussbaum.

... Hannah Arendt was admirably clear about this distinction, one that much current academic work seems to have abandoned in favor of some magical faith in the “omnipotence of thoughts.” Arendt distinguishes sharply in The Human Condition between the vita activa, which is the very stuff of politics, and the vita contemplativa, which much of Western philosophy and many of the world’s religions have extolled as superior to action. And she knew that her own work was about politics, but that it wasn’t politics. “You know,” she said in a 1972 interview, “all the modern philosophers have somewhere in their thought a rather apologetic sentence which says, ‘Thinking is also acting.’ Oh no, it is not! And to say that is rather dishonest. I mean, let’s face the music: it is not the same! On the contrary, I have to keep back to a large extent from participating, from commitment. . . . And I think I understood something of action precisely because I looked at it from the outside, more or less.”

Thinking can have political implications. But politics involves the realm of action and thoughts are not political until they are put into action. What one chooses to think about is a good indication of one’s interests and commitments; that fundamental choice may be (but is not necessarily) a clue to the thinker’s political beliefs and priorities. But none of that thinking is political until it undertakes to translate itself into action (with all the complications, difficulties, and frustrations that such translation always entails, not least of all because unilateral action is impossible, whereas unilateral thought is all too common.) And, finally, we should recognize that some thinking neither desires nor attempts to connect to action—and we should be happy that such is the case. Freedom from politics is as important as freedom within the political realm.

My proposal, then, is straight-forward. 1) Thinking in ways to help the material conditions of others may prove useful indirectly. But there are crucial and complicated intermediary steps between the thinking and the helping. Someone who just thinks a lot about the hunger of others is not morally superior to or more politically involved than someone who thinks a lot about his red car. 2) Therefore, any thinking that is going to qualify as even potentially political needs to articulate its political implications clearly and suggest some ways to act upon those implications in the world. 3) But political action per se only begins when one leaves the library or the study. Even the rhetorical urging of others to embrace this or that political cause is preliminary to political action itself. ...

Where did I put those commandments?


Pat Robertson has called for the murder of one of God's children.

Hmmmmm. Looks like somebody needs to read the Bible again.

I used to respect Eugene Volokh

Many years ago, before he started blogging, Volokh was a fair-minded libertarian law professor who was almost charmingly geeky. Now he's completely lost any sense of moral foundation.

He is now a bad person who wishes bad things to happen to other people. And he's not nearly as smart as I used to think he was.

The Light Of Reason explains that Volokh has lost it. He is unredeemably homophobic and hateful.

Kids, don't go to UCLA law school. Please.

Great Book Reviewed

I have been tardy in reviewing Bruce Abramson's new book Digital Phoenix. He sent it to me a couple of months ago. It's really great.

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In the mean time, please read Henry's review of the book on Crooked Timber.

Bruce was kind enough to include my book in this review essay on his blog.

Interesting Analysis of the Vioxx Case

Wampum reviews the verdict here and the lawyering here. The entry also contains a link to this post at Beyond Bullets that critiques the use and abuse of Powerpoint at the trial, by someone who consulted with the plaintiff's counsel on same. Here is an excerpt from Wampum:

"...[P]laintiff introduced evidence that the scientists knew about risk of heart attacks as early as 1997, two years before it began selling Vioxx. Documents also showed that Merck’s top scientist knew in 2000 that clinical trial data had confirmed that Vioxx had “heart risks.”

"Documents showed that Merck calculated that it would earn an additional $229 million if it could delay putting a more explicit warning on the Vioxx label and that Merck fought tooth and nail to delay the warning. That document became the basis for the jury's punitive damage award.

"Documents also suggested that Merck rushed Vioxx to market out of fear that Celebrex, a rival company’s similar drug, would get to market first.

"Documents showed that Merck spent $1 million on a party celebrating Vioxx coming to market but would not spend $200,000 on a contract for Harvard researchers to directly measure Vioxx’s risks.

"Marketing materials showed Merck training sales reps to view doctor’s concerns about heart risks to be “obstacles” to be overcome, and one marketing document explaining how to respond to doctor’s concerns was entitled “Dodgeball.”

"By far the most persuasive evidence of Merck’s culpability came from Merck’s files."

August 22, 2005

Golden Winger Awards

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At The Poor Man.

Keeping Up with Copyright Scholarship

The University of Texas Law Library has posted a brilliant site that offers links to as many recently published law review articles as they librarians can find. If you are having trouble keeping up with the deluge of great work out there, this site could help. It has an RSS feed, too (if you are as geeky about this stuff as I am).

Thanks to Tony Reese for hipping us to it.

Hook'em Horns!

Pastafarianism Grows! Praise the Spaghetti Monster!

Boing Boing reports that the Flying Spaghetti Monster cult is growing faster than a pot of boiling ravioli!

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Note the editors of the NY Times: Taking those creationists seriously as "scholars" and "scientists" is a big mistake. You are revealing your inability to detect bullshit and to distinguish between fantasy and reality, let along science vs. religion. I hope soon to see a multi-day account of the efforts to include the Flying Spaghetti Monster in school biology curricula.

Embellish With Your Favorite Sports Metaphor

Adam Jacob Muller has an eponymous blog. Who cares, you might well ask. Well, it's Blog Like A Conservative Day, so I thought inanity was as good an approach as any. Putting any real energy into Blogging Like A Conservative would just depress me. So let's close this paragraph with a fascinating query from Adam Jacob Muller: "[M]y seven-year-old cousin can't remember her password. If she could, what kind of spam would be in her inbox?" Heh.

Mandos at Politblogo claims "liberal" might not be an accurate label, but since the blog appears to originate from Canada, I will assume it is all a big cultural misunderstanding, and urge you to read that blog no matter how it characterizes itself or is mischaracterized by the MSM. Indeed.

Yes, I'm about the 100th person to do Glenn Reynolds, but I feel entitled, as I actually periodically run into the guy in real life at professional conferences. Disturbing and true.

Two Responses Re: Google and Libraries

From Altercation:

Name: J. Landes

Hometown: London, England

Hi Dr. Eric,

After reading Dr. Vaidhyanathan’s writing about libraries, I couldn't resist. If it is in any way redundant or off-topic, just ignore me.

I would just like to respond to Dr. Vaidhyanathan’s bit on libraries and Google’s digitization process. I am happy to see such a wonderful argument for the place of the library in the community. (I am heading out to find his book, too.) The threats of closings of libraries in Salinas, California, and Bedford, Texas, for the two most publicized cases, as well as reduced hours at many public libraries, are at odds with the verbal support of libraries by the administration. The Institute of Media and Library Services, an independent grant agency, offers federal grants to libraries, but the closings and reduced hours continue. This tension between the support of libraries we profess and the continued funding problems brings the question to the federal, regional and local levels, maybe even to the personal level. Author James Michener called libraries a representation of the "individual's right to acquire knowledge," reminding us that libraries really are an extension of our freedoms and rights.

The politicization of libraries, well, many may argue that’s the American Library Association’s fault, or liberal librarians’ faults. We can all say we support libraries and education, but can we re-arrange our priorities to ask Congress to apportion money to libraries instead of, for example, $500 million in subsidies for deep-water oil and gas drilling? (See 2005 Energy Bill)

As for Google’s project, I don’t see it as attempting to replace libraries, nor do I see it as particularly negative. Google recognizes it: "My guess is [it will be] about 300 years until computers are as good as, say, your local reference library in search." [Craig Silverstein, director of technology, Google.com.] In my opinion, 300 years is awfully ambitious at that. Access to works that many would not be able to see physically is the obvious positive. I am also watching the questions arising about copyright law, which can use the additional examination in the face of new technology, new creator interests and new user needs.

Thanks so much again for letting write about libraries.

Name: William Johnson
Hometown: Bath, MI
Dear Eric,
Siva's article on Friday was very interesting. A couple of counter points. While the gay teen in Boise may have a strong library, the geeky teen in Ionia, MI had a small library, where he did find a few who shared his loves of different books and ideas, but only a very few. He didn't see a "real" library until he enrolled at the University of Michigan. Therefore dismissing out of hand the attempt to digitize the collections at the U of M I think is perhaps showing the "urban" bias of Siva's current lifestyle. When one has access to libraries in state capitals, or "world" capitals as is the case for Siva, one can interact with many different and people. At that small library in Ionia, the selection was OK, but nothing like what is available through the U of M's million's of books. I believe that a library not only is a place for the exchange of ideas, but also a place for those ideas to be stored for easy and basically unfettered access to those that are interested. Google's process helps, in it's way, this to occur.

The Living Library

From Eyeteeth: A journal of incisive ideas: This is very interesting.

Sivacracy Mentioned By Pandagon

If you don't read Pandagon every day you are missing some great writing!

Howtoons

Learned about this Howtoons site from Susan Crawford's very cool blog. She reports that one of the authors of the site (and of the Howtoons): "says 10-year-old boys all want to build flying skateboards. Ten-year-old girls all want machines that will allow them to see their friends' dreams. He hopes some of those girls will grow up to be neuroscientists." These kind of gender generalizations drive me crazy. It's why I had a pink bedroom as a child despite the fact that my favorite color is actually yellow. Luckily I learned to mostly ignore those conformist impulses by my teen years. When I was a kid I wanted to build a slide that went on for five miles, that you could ride on a soft, pliable mattress which could be steered by shifting your weight. But at ten, if certain of my friends had wanted to make dream reading machines, I'd have said that too. Because I didn't want to be weird.

I'd bet there *are* generalizable differences between the things boys and girls want to build. At any rate, the Howtoons are terrific.

Since I pooh-poohed it earlier...

Let me just say that if the optimism of this report is borne out in the next 12 hours or so, it would be pretty great. I still think that placing a lot of faith in the new constitution to prevent all-out civil war is probably a bit naive, but I don't want to be in any way dismissive of the good-faith efforts of a lot of people (mostly Iraqis, but also some American and other foreign diplomats as well) to craft an effective one.

I do worry, however, that Juan Cole's smart reference to this Christian Science Monitor report from six months ago will still be proved right. Basically, the constitution is being designed in a way meant to prevent civil war, ensuring that each major Iraqi group (Sunnis, Shiites, Kurds) will have enough say in the management of their own lives that they will not feel the need to secede. The problem is that this level of autonomy will likely come at the price of government effectiveness, an especially worrisome problem in a country with roughly 50% unemployment, continuing police incapacity, and a lot of guns. People speak of the worst problem of the current political bargains as being the possible unwillingness of the Sunnis to sign off on it. But the worse problem, from my perspective, is the probability that a terribly gridlocked government will find it extraordinarily difficult to create any nationally effective policies without lapsing into bitter distributional disputes.

I'm not trying to knock the constitution that will develop, though as someone who prizes secular reign, I worry about basing too much of the constitution on the Koran just as I do continuing American efforts to make the Bible a stronger part of civic life. But I do think that the extended deadlines, behind-the-scenes deals, and the like, ought not distract us from the crucial issue: Iraq is a badly divided society with virtually non-existent state capacity except in the form of an occupying power. Having a constitution would certainly be a step in the right direction, but this is a very long road, and I'm skeptical that the path will be a smooth one for Iraqis or a sustainable one for the American presence. Glib references to the difficulty of America's democratic development or to Japanese acceptance of the 1947 constitution barely camouflage the fact that this is a different country facing very different conditions.

August 21, 2005

Chuck Hagel is with the terrorists?

Nebraska Senator Chuck Hagel's apparent desire to see the terrorists win has led him to join with other treasonous decorated war veterans like John Kerry, questioning vociferously President Bush's Operation Iraqi Quagmire. Fortunately, George Allen (R-VA) stepped in to defend the president, saying that with the the new constitution, "I think this is a very crucial time for the future of Iraq." He apparently added that the constitution would be a "rallying point" (in the words of the AP writer) for Iraqis.

Oh, side note: unlike Senator Hagel, Senator Allen did not serve in Vietnam, which makes me think that he would be an excellent Republican candidate for President, one whom I plan to support if we are still allowed to vote in 2008.

Another side point: I know many of us have been disappointed that earlier turning points in the Iraq War -- the end of the initial attack, the deaths of Uday and Qusay, the capture of Saddam, the elections, the return of sovereignty -- have actually been part of an Escher painting, marching us further and further into a dystopian nightmare that seems to head relentlessly toward global catastraophe. But it's important not to lose faith. This time will be different. I can feel it!

Like President Bush and Senator Allen, I prefer to see the glass as 1/100th full rather than virtually empty, consisting almost entirely of backwash. And so I will point out how glad I am that the Iraqi parliament is willing to take extra time to mull over making this a really good, successful constitution that basically resembles America's. In order to make it easier to come to some agreement, American diplomats are apparently now siding with religious conservatives who hope to base Iraq's constitution on Islamic law.

I can't remember the exact justifications for this war, and frankly, I don't care about them. Because I feel that I know the President, that at heart, he is a man of faith and conviction, I believe that his original stated goal for Iraq was to "create a quagmire, a war-torn nightmare resulting in the deaths of countless thoussands, that will require indefinite American involvement in defense of a shining new theocracy." Or did I just dream that he said that?

A Nice Place for a Seminar

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The International University of Japan's Center for Global Communications (GLOCOM) held its annual forum this weekend at the Kihinkan (Guest House) at the Yokohama Prince Hotel. GLOCOM deals largely with media and technology issues, and the forum this year dealt with the difficulties of building Japan's "information society."

You'd think it wouldn't be a concern here, given Japan's leading place in consumer electronics, games, cellphone-based communications, and so on, but in part because of the speed of South Korea's Internet revolution, the Koizumi government has spearheaded a campaign (which I'm sure will continue regardless of who emerges victorious in next month's parliamentary elections) to develop Japan's information infrastructure. Thomas Bleha writes about it in the May/June issue of Foreign Affairs.

My interest was primarily in one of the last sessions on Saturday, on "Nihon kontentsu rikkokuron" (Building Japan's Content Industries). A panel made up largely of government officials (from the Ministry of Education, Culture, Sports, Science and Technology; the Ministery of Economy, Trade and Industry; the Ministry of Foreign Affairs; and Cabinet Office; and the Ministry of Internal Affairs and Communicatiosn), but also two from academia and one representative from private industry, spoke about building Japan's "content industries." The concern has been that Japan will supply infrastructure and hardware but much of the most profitable and globally popular "content" will come from abroad: the US, China, Korea, Europe, etc. So one of the concerns for the Japanese government -- especially since Douglas McGray's article Japan's Gross National Cool helped to make "soft power" part of the lingua franca of Japanese politics -- has been in ensuring that Japan's vibrant pop culture industries can maintain their status in markets like anime and video games while also ensuring that Japan's music producers, filmmakers, artists, etc., can reach out effectively to foreign audiences.

As a matter of public policy, it's not clear how this is done, in large part because (as I argue in an article coming out next year), content and soft power mean very different things to different people. "Content" is, as a topic, surprisingly content-free, particularly as the different administrative agencies have radically different goals in the development of Japan's creative industries. Some want more distinctively Japanese art forms that will be noticeable overseas; some want things that will be popular to make sure Japan gets a larger share of an increasingly homogenous global marketplace; some want to promote Japanese broadcasters; others want to support individual Japanese artists.

The symposium didn't resolve any of this, but the lively (though friendly!) debate nicely captured some of the distinctive takes that Japanese officials have on the problem, as well as the difficulty of distinguishing -- as some proposed -- between "media" and "content."

On his excellent blog, Joi Ito talks about these issues a fair amount, and some of his most interesting posts on the topic are on his "culture" index.

Disgruntled Consumerism

My very first computer, purchased in the mid 1980s, was an Apple IIC, but then I switched to PCs and the gothic torments of Windows. The day before yesterday, I bought an Apple iBook, and in some respects it was far easier to set up than the Zeos, Gateway and Dell desktops and Compaq laptop (total lemon!) that have filled the years between Apples. However, I clearly have become Windows “path dependent” and it is taking a little while to figure out how to do things on an Apple. For example, I spent a good twenty minutes (actually it was an *awful* twenty minutes) downloading Mozilla Firefox and trying to change the privacy preferences, because I prefer to have a few illusory shreds of privacy. Without having “Internet Options” as an, um, option under “Tools,” I was at a loss as to how to access the box that would facilitate this, and all the Mozilla help function did was show me a picture of the box, so I would know what it looked like in the seemingly unlikely event I was ever to stumble across the actual operative function. I tried all sorts of increasingly silly and/or complicated ways to access it, and then finally I asked myself: Could the Mac manner of doing things possibly be stupider or more counter intuitive than the Windows way? Took a deep breath, assumed the unfamiliar posture of a rational actor, years of Windows have sorely depleted my stores of common sense, clicked the word Firefox in the tool bar and found what I needed under “Preferences.” Doh.

So far I’m pleased with my Apple iBook’s performance but the actual process of purchasing it was a bit annoying, hence the title of this entry. The smartest thing I did was to research my options thoroughly beforehand at the Apple store online. I’m not including a link because then you’ll think I blog on commission, plus they owe me $100 which you will note if you are bored enough to keep reading, has me seriously miffed. Among other things I learned online was that my faculty status entitled me to an “educational” discount on the laptop, which worked out to be about $50 and was not something I would have figured out at the store. Also Apple is running two promotions, one that will get you a free iPod mini if you buy a qualifying computer, the other providing $100 towards a printer if you buy it from them contemporaneously with a computer. I went for the printer, only to find out that hundred dollars is not taken off the purchase price, but rather comes in the wretched form of a rebate, more on that in a second.

The Apple store was crowded with customers and also people looking to check their e-mail for free. I know this because I did exactly that at an Apple Store in downtown Chicago last year. In my own defense the business center at the hotel where I was staying was closed on Sundays, which is what drove me to scam the free Internet time the first time, the follow-ups being sort of gratuitous and inexcusable. Why hadn’t I brought my Compaq laptop along for the trip, you might wonder. Well, among other problems it doesn’t respond well to travel, portability apparently not being an attribute of the Compaq laptop model I stupidly selected. Jostling tends to make it fail to recognize its own power source. It also gets temperamental about acknowledging its own Ethernet card (sometimes yes, sometimes no) so I bought an external Ethernet card as back-up. Its response to this was total melt down, requiring yet another reinstallation of Windows, requiring yet another call to Microsoft requesting codes that would enable me to reinstall software like Word and Powerpoint. Yes I have uploaded them more times than my license authorizes, thanks for asking, but always on the same loser Compaq laptop, which is surely evident from my data trail, leave it to Microsoft to make the process of keeping it alive and useful even more complicated and irritating than Windows alone manages. Anyway, all these people in the Apple store were checking their e-mail at the demonstration computers and one woman carelessly left her e-mail inbox open when she departed, which I briefly considered e-mailing her friends about using her own e-mail account.

I had a very nice Apple salesperson named Emily. I sought her out because I’ve been patronized and insulted by too many men who think they have to dumb down technological information for me, and she was great, except for the part where she assured me that my printer came with a cable to connect to my iBook. It didn’t, and buying the cheapest one I could find required a trip to an office supply store during the forehead puckering horrors of back to school shopping, plus $25 I could otherwise have put towards an ink cartridge. Two ink cartridges, one black and the other color, cost twice as much as the printer itself did, after rebate. Do they make that ink out of ground up caviar and diamonds? The printer can also scan and copy and it assures me with a greenish glow that it is “Ready” to mainline more pricey ink even as I type. Anyone know a way to refill the cartridges with freebie pens and mashed crayons? I’ve got drawers of those. The ink cartridges, I’m thinking, should be stored in a safe.

So back at the Apple store: Once I had my order finalized (iBook, printer, external hard drive for extra memory, and an extended warranty for which Apple can thank my Compaq laptop for convincing me is a wise investment) the wait to check out was so long Mother Theresa would have been cursing (as well as proselytizing and soliciting money for Calcutta House no doubt). This plus having to be present in a shopping mall generally was a severe downside of not buying everything online, but I did learn a lot from Emily plus she helped me shlepp everything to my car, after I turned down her kind offer to completely set up my laptop for me, because I wanted to learn as much as I could about the iBook from working through the process of configuring it myself, which turned out to be easy, plus the risk that Emily was a secret hardcore snuff porn aficionado. She seemed wholesome enough, but book, cover, right?

Now about that $100 printer rebate: It requires a form that I had to find online because the evil Apple cash register person (not Emily) did not provide me with one even after I asked her to do so twice, her previous customer service position having been at the Department of Motor Vehicles. The rebate form demands a copy of the sales receipt, and the “UPC codes” cut from the heavy duty boxes that the iBook and printer came in. After I mail this stuff to somewhere in Indiana (cornfield? prison?) I have to wait eight weeks for the rebate check, which I will only receive if I followed the arcane, tiny-fonted directives correctly, and I mail everything in within 30 days of purchase. Note that I am only permitted four weeks to complete the forms but Apple operatives allow themselves eight weeks to fill out the check, which they already know will be for $100 since they were the ones who devised the insidious rebate promotion. Here is what I want to know: Why couldn’t Apple just have taken $100 off my purchase price? Why make me find and fill out a form that demands the model and serial numbers off the printer and computer UPC codes, and then make me include the box-cut UPC codes themselves? And why must I disengage them whole and intact from the boxes? I didn’t have any scissors up to that job, so I had to resort to a knife that enjoyed cutting through cardboard so much it kept on going into my finger, yeeeouch. I hope that blood splatters don’t disqualify the UPC codes. Apple knows full well I bought an iBook and qualifying printer at their store, for which they made dang sure they got their money on the spot, no forms, UPC codes or eight week delay for them. Apple management obviously assume that if they make it complicated enough to get the rebate, not everyone will apply for it, and for this Apple is rather rotten.

August 20, 2005

James Wolcott Gets It

Several years ago I heard the wonderful Elaine Jones speak, and in her wide ranging address she mentioned how very much having Ruth Bader Ginsburg on the Supreme Court means to her. What I remember her saying (there is no transcript that I can find) was that when she litigated sexual harassment or gender discrimination issues, at least she knew that one Justice understood her arguments. "Ruth Bader Ginsburg gets it," Elaine Jones said, "And she explains it to Sandra Day O'Connor." A friend recently shared with me a personal letter she received from Ruth Bader Ginsburg in which Ruth laments Sandra's leaving the court, in part because the two were frequently mistaken for each other, which never ceased to amuse them. I disagree with her about copyight issues, but otherwise completely adore Ruth Bader Ginsburg. And apropos of almost nothing but the rapid firing of neurons in my brain, this post suggests James Wolcott also gets it.

A stupid, cheap shot, but funny

Admittedly, this is pretty sophomoric, but no one ever accused me of being mature -

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Santorum Strong-Arm Tactics

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Concerned that he might be questioned about his views during a recent book-signing event, Sen. Rick Santorum's handlers used an off-duty police officer to threaten Barnes & Noble patrons -

". . . U.S. Sen. Rick Santorum, the Republican from Pennsylvania, espouses many controversial views -- that women shouldn't work outside the home, that legalizing gay marriage would lead to legalizing polygamy and bestiality, that government should discourage birth control.

"He's even written a book, 'It Takes a Family,' to spread his viewpoint.

"Understandably, people who disagree would like to tell him so. But, as several teenagers and some of their parents found out last week, trying to do that in Delaware could land you in jail. . . ."

For the complete article, click here.

$1 million Intelligent Design Challenge

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In the holy name of He who fills our bellies, as well as our hearts, Boing Boing has issued a $1 million challenge to proponents of Intelligent Design -

". . . We are willing to pay any individual *$250,000 if they can produce empirical evidence which proves that Jesus is not the son of the Flying Spaghetti Monster.

". . . Recently converted Pastafarians are adding matching reward funds to the Boing Boing Intelligent Design Challenge. Jason Kottke of kottke.org (Link) and Sean Bonner of metblogs (Link) have each offered an additional $250,000. We've been flooded with still more donations, and have decided to cap the purse at $1 million -- in part because the number contains a lot of pretty, round zeroes that resemble holy meatballs. . . ."

August 19, 2005

Rather Strange Barbie Hack

It's a German site but the photos seem to pretty much explain things.

Photographing Flying Insects

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Because everyone needs a hobby!

Samurai Appliance Repair Man

"If I can't help you fix your appliance and make you 100% satisfied, I will come to your home and slice open my belly, spilling my steaming entrails onto your floor." Sound up!

Elizabeth Edwards Enters Sheehan Fight

Listen to Cindy

"The wife of former vice presidential candidate John Edwards writes an impassioned open letter calling for support on behalf of Cindy Sheehan. . . ."

I believe that Siva may have already posted the link to the online statement of support for Cindy Sheehan, but here it is again -- click here.

Women's Bookstores: A Dying Breed

Women's Bookstores: A Dying Breed

"As feminist bookstores disappear, so do the intellectual community centers they once provided for women. . . ."

A Smokin' Receiver

I will freely admit to having lost 2-3 hours of sleep every night for the past six years, always wondering, "What's up with Vikings (and now Raiders) receiver Randy Moss? Is he smoking pot?"

Good call, it turns out.

Like most people, I associate pot smoking with superb athleticism, a quick temper, unimaginable wealth, and petty contract disputes. And that's why I don't smoke pot. Because I don't want to follow in Randy's footsteps. Like Bob Marley, Bing Crosby, and Paul McCartney, Randy Moss is yet another cautionary tale in how your life will be ruined if you smoke pot.

"Roberts Resisted Women's Rights"

That's the headline for this Washington Post article reporting the shocker that Bush's nominee for the Supreme Court probably wouldn't be described as a committed feminist. But he seemed so nice!!!

The most surprising bit, I guess (even Phyllis Schlafly, who took time away from her busy schedule of remembering that she used to be relevant, didn't appreciate the comment), was Roberts's question about "whether encouraging homemakers to become lawyers contributes to the common good."

My favorite bit about this bit of non-news -- I mean, who doubted that a Bush nominee for the Supreme Court would turn out to be mean-spirited, crude, and inclined to blame the most disadvantaged members of society (women, immigrants, etc) for its various problems? -- is the White House defense of the comment about homemakers.

"It's pretty clear from the more than 60,000 pages of documents that have been released that John Roberts has a great sense of humor," said Steve Schmidt, a spokesman for Bush. "In this memo, he offers a lawyer joke."

Steve, if you think that's funny, may I recommend this? Ah, Reader's Digest. Thank you for making me laugh at life -- again.

August 18, 2005

Gaza got you down?

Today's NYTimes reports on a very surprising gesture from prominent American Jewish philanthropists to the Palestinians. It was nice to read something like this after the barrage of ugliness coming from the Gaza Strip over the last few days.

"How Old Friends of Israel Gave $14 Million to Help the Palestinians"

"Pro-Death" Professors at Catholic Colleges Under Scrutiny

If they thought Terri Shiavo's fate was just, then the Cardinal Newman Society wants them fired.

Can Google do This?: The September Project

My former colleague Wayne Wiegand (formerly of Wisconsin, now of Florida State) uses a phrase to describe his scholarly mission, studying "the library in the life of the user."

That means getting beyond the functional ways users use library services and collections. It means making sense of what a library means to a community and the individuals in that community. Libraries are more than sources. They are more than collections. They are both places and functions. They are people and places.

As I wrote in The Anarchist in the Library, "libraries are temples of the Enlightenment" and embodiments of republican ideals.

Libraries pump the life blood of a democratic culture and a democratic republic: culture and information. They are places people escape from each other (imagine a gay teenager growing up in Boise without a library). And -- more importantly -- they are places where people come together.

The presumption that Google's powers of indexing and access come close to working as a library ignores all that libraries mean to the lives of their users. Again, please see Chapter 8 of The Anarchist in the Library, especially the part where I describe a Saturday afternoon at the Brooklyn Public Library.

Some might want to claim libraries are dens of pornography and terrorism (some have). But the fact is these poeple fear (and underfund) libraries because they bring people together, regardless of faith or class differences. There is nothing more terrifying to a would-be tyrant than seeing his subjects get together and share books and ideas. Just as importantly, public libraries are where the rich fund information for the poor. There is a reason that Jefferson, Madison, Franklin and others felt the republic could not survive without libraries. And there is a reason why today's corrupt leaders would like to see libraries wither and die.

This September 11 hundreds of libraries around the country and in 20 countries will be holding discussions about democracy, patriotism, and human rights.

The September Project is a grassroots effort to encourage public events on freedom, democracy, and citizenship in libraries on or around September 11. Libraries around the world are organizing public and campus events, such as: displays about human rights and historical documents; talks and performances about freedom and cultural difference; and film screenings about issues that matter.

The September Project is one of the most ambitious ways libraries have reached out to make this world a better place. As I have written before, libraries and librarians have a mission, a code, a creed, and a passion that no publicly traded corporation based in Mountainview, California can ever match.

Please check out your local library's plans for September 11. If it has nothing planned yet, please help plan. Meet your neighbors. Discover their concerns. Plan a better future.

Let's see Google do that.

"Pro-Life" Group Does Not Respect Soldier's "Living Will" Wishes

Pro-life group won't apologize for HospiceCare statement:
Murder accusation retracted, by Judith Davidoff, in the 8/16/05 Capital Times.

"Under threat of a lawsuit, Pro-Life Wisconsin pulled a news release accusing HospiceCare of murder in removing the feeding tubes of severely injured Marine Staff Sgt. Chad Simon, but the group has not, as requested, issued a public apology or retraction.

"Peggy Hamill, state director for Pro-Life Wisconsin, did not return repeated phone calls Monday for comment.

"Despite Pro-Life's refusal to issue an apology and to post one on its Web site, Hospice attorney Ian A.J. Pitz of Michael Best & Friedrich said his client would not pursue further action against the group.

"Hospice explained its decision in a written statement submitted to The Capital Times.

"Hospice regards Pro-Life Wisconsin's revised press release as a tasteless and unfounded attack on the grieving widow of a war hero, but it is not defamatory in the legal sense. Although Hospice would be entitled to a more formal retraction of the original release, out of respect for Chad Simon and his family, we do not want to prolong this controversy."

"Simon, 32, of Monona, was injured by a bomb in Iraq in November. The father of a 6-year-old son, Simon never recovered from his war injuries and his family followed the wishes laid out in his living will that he not be kept artificially alive with food and water if he became permanently incapacitated." [Emphasis added].

"On July 20, the Dane County Circuit Court ordered Hospice to follow the directives of Chad's surrogate decision-maker, wife, Regina Simon.

"On Aug. 11, three days after Simon's funeral, Pro-Life Wisconsin issued a news release condemning the removal of Simon's feeding tube.

"Sgt. Simon was a victim of two different faces of the culture of death," Hamill said in the news release. "He was certainly a victim of international terrorism, but he was also a victim of America's rapidly decaying system of 'hospice' care. Sgt. Simon died of dehydration, not from any sort of brain injuries. Sgt. Simon was rendered handicapped by the bomb in Iraq, he was murdered by those who were in charge of his medical care."

"Hospice responded aggressively the next day.

"The content of your press release is per se defamatory and subjects both Pro-Life Wisconsin and Peggy Hamill to legal liability," Hospice attorney Pitz wrote. "It is readily apparent from the press release that you intentionally have sought to falsely disparage Hospice."

"Pitz also declared that the group had "falsely accused Hospice of committing a criminal act."

"Hamill responded with a revised news release - the sentence referring to Simon having been murdered by Hospice was deleted - but never posted it on the group's Web site.

"According to Pro-Life Wisconsin's Web site, the group exists to "restore and protect the inalienable right to life for all citizens," whether "born or preborn, young, old, disabled or terminally ill."

Business Cards of the Officers of the Starship Enterprise

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Full set here.

On the Essense of Libraries and Fair Use

Laura Quilter offers her view of libraries and the challenges they face:

I’d like to suggest two basic functions for libraries: One is warehousing and archiving physical collections; serving effectively as a museum of information. The second function is providing information services. Storage, and access.

In the past and even today these two functions are, practically, inseparable. And each implicates a whole host of sub-functions many of which serve both masters — e.g., cataloging, which organizes the stored collections.

But these functions have been splitting and will continue to. Digitizing projects, like Google Print, will put the physical artifacts on the same plane with museum artifacts: nice if you’re a scholar and need the original, but for most people, the digitized content will suffice. [Google Print is not the only digitizing project, of course; there are plenty of others on smaller scales that have gotten less attention. I would be interested to get some examples of public-private partnerships because I suspect Google Print isn’t the only one.]

As more of the information content becomes digital, the subfunctions used to service both the storage and access functions will shift. Two examples: cataloging and preservation. Electronic information needs much less in the way of cataloging; full-text searching obviates a lot of cataloging needs. (No, not all; I believe in subject headings and hierarchical thesauruses — although I’m not sure they’re ultimately scalable if we’re talking about organizing all information.) Digital media have their own preservation problems, fairly distinct from those relevant in most special collections. The central problem in preserving digital media collections is shifting formats; the central problem in preserving physical collections is preserving the original artifact. ...

There is a whole lot more to her post. It's all very good and helpful. Please read the original.

I have a few more disconnected thoughts about why Google Print/Library would not want to test a pre-emptive fair use defense. In brief:

1) No two books are the same. Every book demands a different fair use analysis. How is Google going to prevent the distribution of an entire William Carlos Williams poem? Poetry and history do not work the same ways in fair use cases. And what if Google reveals the "heart of the work" (as in Harper v. Nation)? Big trouble, and different trouble. We are talking about millions of lawsuits here, each one unique.

2) What about lawsuits in France or Canada? Is Google going to block out French and Canadian users? What part of Canadian Fair Dealing shields Google Print? What is a French author objects to the frame or format of her work on Google Print?

3) What about photographs and illustrations? Is Google going to block them out from the books they offer? They have distinct copyright holders who might bring suit later. The publishers might not have the right to allow these images to be distributed via Google Print. See Tasini v. New York Times.

I have been saying for some time at fair use is becoming less fair and less useful every day. I fear that Google's plans would have snuffed it out completely. And remember, fair use is a local ordinance in a global economy.

See, this is what I mean by a copyright meltdown. So many core issues of copyright and fair use will have to surge through the courts. Everything would be up for grabs. This move would destabilize everything and endanger fair use and library use at their foundations.

In Washington and Brussels, Google lacks political power, especially compared to behemoths like Bertelsmann, Time Warner, News Corporation, and Harvard University.

Nothing good can come of this.

The Top 15 Signs You're Being Stalked by Martha Stewart

15> Mysterious late-night phone calls: "I can't stop thinking
about you... and that's a good thing!"

14> Contents of your curbside recycling tub stolen and replaced
with juice can pencil holders and milk carton flower vases.

13> On her show she makes a gingerbread house that looks exactly
like your split-level, right down to the fallen-over licorice
downspout and the stuck-half-open graham cracker garage door.

12> You get a threatening note made up of letters cut out of a
magazine with pinking shears, and they're all the same size,
the same font, and precisely lined up in razor-sharp rows.

11> Size 6 Bruno Magli imprints on all your doilies.

10> You find your pet bunny on the stove in an exquisite tarragon,
rose petal and saffron demi-glace, with pecan-crusted hearts
of palm and a delicate mint-fennel sauce.

9> The unmistakable aroma of potpourri follows you -- even after
you leave the bathroom.

8> You discover that every napkin in the whole friggin' house has
been folded into a swan.

7> No matter *where* you eat, your place setting always includes
an oyster fork.

6> Annoying crank phone calls begin with, "Hold, please, for
Ms. Stewart."

5> Twice this week you've been the victim of a drive-by doilying.

4> That telltale lemon slice in the dog's water bowl.

3> The sharpened macaroni shells underfoot in the bathroom are
stained to match the shower curtain.

2> You wake up in the hospital with a concussion and endive
stuffing in every orifice.

and TopFive.com's Number 1 Sign You're
Being Stalked by Martha Stewart...

1> You awaken one morning with a glue gun pointed squarely at
your temple.

From TopFive.com!

Pope NOT Infallible...

...needs Bush to bail him out.

Pope Benedict Asks Bush for Immunity

Damn. The Arctic is Melting Fast

Read the report here.

Then ask why the energy bill that W just signed does nothing to limit our use of petroleum and coal. Then ask why -- at a time of record profits for oil companies -- the bill gives millions in tax breaks to them.

And next time you hear a ditto head claim that global warming ain't happening, just laugh. Ask him why we have to endure scenes of our nation's president lovingly holding hands with the brutal dictator of Saudi Arabia, the country chiefly responsible for the spread of radical Islam and terrorism. Ask him if he does not see a connection among these phenomena.

Welfare for the rich. Skin cancer for all. No Madrassa left behind. It's the Republican way.

I don't even know where to begin...

A cultural studies or comp lit grad student wanting a dissertation topic could have a field day with this. Notice that the smart kid is the asshole who needs help. But that's really just the tip of the iceberg in this delightful little piece of Christian children's fiction.

August 17, 2005

I smell lifestyle politics on the horizon

The New York Times reports that Congressional Republicans are none too happy about the likely effect of Operation Iraqi Quagmire on their election-year prospects. This kind of surprised me, since my Internet reading and my refusal to be blinded by the liberal media conspiracy (which seems absolutely obsessed with things like constitutions, American casualties, and the continuing insurgency) had left me with the impression that everything was going swimmingly.

The money quote is from Representative Thomas Reynolds (R-NY), chair of the Republican Congressional campaign committee:

"I'm not concerned," Mr. Reynolds said. "Fifteen months away is a long time, and I don't see it. It's going to get back to the important issues of what's going on in the district. When it gets down to candidates, it's what's going on in the street that matters."

Hmmm....I have this sneaking suspicion that what's going to be "going on in the streets" is a LOT of gay sex, same-sex marriage, and alternative lifestyles, which only the Republicans will be standing up against. Call me crazy, but I suspect that even if Congressional Republicans disagree about whether the war is going well, they can come together in the noble pursuit of finding a distraction for voters.

A Librarian from Wisconsin Weighs In on Google and Libraries

Eileen Snyder from Madison writes:

The question of whether Google could be considered a library goes to the heart of the question that librarians have been faced with since the enormous growth of the Internet. What is the role of the library and the librarian if so much information is so easily available to the general public outside the library walls and without the mediation of a librarian?

If Google is a library, then do we really need the traditional building full of books, and the people who catalog them?

And that is one thing that has been missing from this discussion - the role of the librarian in classifying information so that people can find resources that are truly relevant to their research.

Sure, Google has a cool algorithm that will list supposedly relevant resources with your keywords, and that's great, especially when you're looking for something specific. But as this article from Library Journal points out, it's not really the best way to go about real, in-depth research.

A library can be many different things, from a nice place to bring your toddler for story hour, to a great repository of humankind's greatest intellectual work. But it is and always has been more than just a heap of information. In the past, the librarian was a gatekeeper, guarding knowledge and meting it out as she saw fit. Today, a more apt analogy might be the librarian as a dam. We hold back the flood of information, allowing access to streams that are suitable and manageable by the individual. Well, OK, maybe that analogy needs some work, but in any case, though I can't make a legal argument, I don't think that Google Print can be considered a library, in large part because there is no real organization of the information it contains.

I would ad that Google's search algorithms are not innocent. Nor are they open to interrogation or revision. Librarians work transparently, or at least under an ideology that demands openness and accountability.

Google lacks accountability both in its service and its structure.

Jacob Weisberg: Religion and Evolution Not Compatible

I agree with him. I actually think science in general and religion are fundamentally incompatible. Fortunately for them, most scientists and most religious people don't have to deal with the fundamentals in their work and lives. So at every level BUT the fundamental, they are compatible. Still, there is a reason that cosmologists cringe at the thought of a supreme being and religious fundamentalists cringe at the thought of a Godless universe. They have to consider fundamentals. And they are right: They cannot coexist at all.

Only Nine States Like W

It's foolish to map "approval" to "would vote for," but forgive me for imagining that if the election were held today instead of 10 months ago then Bush would only win nine states. Of those, only Texas is considered large. Forget John Kerry. Bernie Sanders could beat this guy today.

Of course, the Republicans promised to "take care of the counting." So it would not matter what the voters actually want. Republicans have shown how little they respect voters.

Today, Bush has only a 37 percent approval rating in Ohio. Of course, had his campaign co-chair not been in charge of making sure black precincts did not have enough voting machines and that the recount was done illegally, Bush never would have won Ohio in a fair fight 10 months ago. But Republicans never take chances on fair fights. Cheating is so much easier.

Or, Osama could show up on TV a few days before the elections so his favorite president could make a stunning comeback. That worked last time as well.

Can you believe we are stuck with this guy for three more years?

Inflatable Church!

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Rent one here. The company's somewhat incomprehensible promotional video available here. Prefer to wed in an an inflatable pub? Other inflatable structures available here as well, though none are specifically designated a "library." Guess you have to buy the inflatable wedding guests elsewhere.

Why the Buffalo Bills are the Greatest Sport Franchise in History

From Tuesday Morning Quarterback's AFC preview:

Fiscal note: Erie County, where Ralph Wilson Stadium is located, has all kinds of financial problems. To help, the Bills announced they would pay stadium upkeep costs the county is supposed to cover. Surely this is the first known instance of a professional sports franchise giving money to the public rather than the other way around!

Coming Soon to a Kansas School

The Onion | Evangelical Scientists Refute Gravity With New 'Intelligent Falling' Theory

Sure it's funny today. But this is precisely how ridiculous ID is and President believes it should be taught in our schools.

The Madisonian Take on Libraries

Michael Madison offers his thoughts on libraries:

I’m not a professional librarian, and I didn’t train at library school or in IS, so I don’t have a professional librarian’s sense of mission. I like libraries. But I have to ask some questions — both in order to make some sense of where Google (and Google Print) fits, and to figure out what a “real” fair use argument looks like.

If there is an “essence” of library, then: Can a library charge a membership fee and still be a library? Can a library charge a fee for borrowing materials and still be a library? Can a library not have an index or a catalogue and still be a library? Is a library a thing? Is a library a physical place? Is a library a practice?

My gut tells me that “libraries” are things and places and practices, all at the same time, and that membership and borrowing fees and absences of catalogues are all acceptable. Maybe the common thread is that the library maintains some permanent inventory of informational material, such that people are expected to return anything they use, and they are expected to return it intact. In social science speak, libraries play certain institutional roles in the information ecology; librarians, as custodians of those roles, manage their boundaries. But a library doesn’t need to be a physical place; we have offline digital “libraries” and online “libraries.” Maybe boundedness is the key element: for reasons of space and time and subject matter, libraries don’t collect everything — they are, in principle, selective, and a “librarian” does the selecting.

Is this really “essence of library,” taken from the librarian’s perspective? It is if we use our definition of “librarian” extremely expansively. We all build our own “libraries” of books and music, and of course the Betamax litigation gave us the ugly “librarying” neologism for videocassettes. I am my own librarian. If so, then “essence of library” isn’t a helpful construct, I think, since it trivializes the professional discipline that we call librarianship. Better, instead, to set aside the “essence of library” construct and to adopt a different perspective altogether. I don’t mean to disparage hardworking librarians, but I do want to suggest that the category “library” is better understood from the standpoint of how information users and consumers experience information works, in collections and otherwise, rather than from the standpoint of those who collect, present, and manage the works. That perspective unifies my colloquial use of “library” to talk about my bookshelf, and the publicly-managed collection of books and DVDs down the street, and university collections that don’t admit the public. As an information user or consumer, I regard anything that I experience as a subject matter/space/or time-limited collection of information works as a “library.”

What does that have to do with Google, and what does it have to do with fair use?

As far as Google Print is concerned, it turns the question around. In addition to asking “What is Google doing?,” we also ask: “How do we experience the material that Google Print is creating?” (This takes me back to Siva, whose work is all about celebrating how network technologies expand opportunities to experience information. P2P, for example, undercuts the experiential sense of libraries in the sense that we no longer regard the universe of information works as fixed and bounded.) Do we experience Google Print content as we experience other collections that we regard as libraries, or do we experience that content as we experience the Web — a functionally unlimited aggregation of data? Right now, the answer to that question has to rely on intuition and speculation. My money is on the second option, but in the end: who knows?

And as far as fair use is concerned, I don’t think that this sort of analysis is distracting at all; I think that it gets at the heart of the problem. As a copyright lawyer I’m always skeptical of characterizing an argument as an “authentic” or “real” form of argument. Copyright is too plastic (to borrow someone else’s word), and it operates at too many levels, for all that. “Google is doing what a librarian does” is a perfectly valid form of fair use argument — the case reporters are filled with fair use decisions that are framed this way — even if at the end of the day I think that the argument likely fails on the merits. Non-lawyers who encounter the fair use statute are tempted, understandably, to treat the text as filled with magic words (and as improved by magic words supplied by the Supreme Court, like “transformative”). The magic words are almost uniquely unhelpful, either as guides to what courts actually do, or as guides to what courts should do.

Michael was kind to write more in response than I had time to yesterday. I have made the argument, here for instance, that we have experienced a remarkable expansion of lay librarianship since the advent of the cassette tape. This has had profound effects on our expectations and our experiences. We rule our own soundscapes and mediascapes. We make our own soundtracks. Our media laws and tools should and often do reflect this profound change over the past 40 years.

But that is a different thing than saying the mere presence of archives and indexes in private spaces functions like libraries do or that non-librarians act as librarians. Again, I wish I had the time to explore this further. I have a journal editor or three breathing down my neck right now. They are probably reading Sivacracy and saying "if he has time to blog, why isn't he done with that article!" And they would be justified.

Anyway, I appreciate all the feedback. I will write more on this in the coming weeks. Promise. Meanwhile, I will continue to link to responses I find around the blogosphere.

Any librarians want to take Michael up on his questions? Write to me and I will post the responses.

Meanwhile, here is Carlos Ovalle (not a real librarian after all!) responding to Michael:

Now, the “What is a library?” question is one that is often discussed, obviously, in this field, as is the related question “What is a librarian?” In general, I think, the broader sense of information use and uses can be used to term something a “library,” but there isn’t really a consensus. Colloquially, of course, we all consider all kinds of things libraries, including personal collections and so on. In the more traditional sense, there are many types of libraries- special, public, academic, etc. These include private libraries and for-profit libraries. Now, there are unifying aspects of “librarianship” as it pertains to librarians, although they’re not quite absolute across the different areas of the profession. They’re probably best exemplified by the American Library Association and its values. There are also information professionals who have little to do with libraries as such. For example, we offer a number of courses involving information technology, human computer interaction, accessibility and usability, and so on. Some professionals consider what they do librarianship, and some don’t. Take a look at a recent librarian.net post about what Jessamyn does all day, which in a brief paragraph mentions that she doesn’t consider herself a librarian, a divide between professionals and paraprofessionals, and popular media portrayal of librarians. My perspective is probably best shown in my letter to the Texas Library Connection list. I have an MLIS, but I don’t consider myself a librarian. (Sorry, Siva. ^_-) I think that what a professional librarian does is different from what I do in my day to day activities.

No, I don’t think there is a simple “essence of a library” definition, particularly in the sense of a physical place. Some disagree. I don’t believe a library is defined by a librarian selecting materials, but I do believe there are practices that make a library a library. There’s lots of literature about the subject- I’ll see what I can dig up when I get a chance- but I don’t see an overwhelming consensus for a set definition. The commonalities, I think, the actual “essense” is best shown in shared values. Our values do tend to focus on the users, the people that use the services we work with.

In a rhetorical argument, or in the court of public opinion, yes, I think it would be useful to Google to be considered a “library,” merely because of the weight of the word and generally positive associations with the word. Even so, though, not all libraries can take advantage of copyright exemptions. For-profit libraries can’t, as an easy example. That’ s one reason I don’t think it matters- from a library exemption argument- whether or not Google is considered a library. Given Google’s recent behavior about this particular case, if the letter to Library Law is accurate, I don’t think it should be termed a library. Google’s service may be akin to a library’s service, but I don’t think calling Google a library in this case would really be beneficial or fair to libraries. Again, if the contract Google had with the universities was different, there’s a very good chance I’d back them. Generally, I really admire Google- just not in this instance.

Philosopher/print culture dude Steven Chabot in Toronto writes:

This point itself is of real importance. Perhaps we don't even experience libraries any more as libraries. With this paradigmatic shift from print culture to digital culture, our experience of the media itself will be changed. Can we say that a print culture library, right from the National Archives or the Library of Congress to the small corner outfit, operates in the same manner as a manuscript culture library, like that at Alexandria?

It is clear that, as much as I love the aesthetic and physical qualities of books, they are going to be digitized one way or an other. I want traditional libraries to be relevant, they have a nostalgia, but that is not going to stop digital culture. So the questions remains: if "libraries" are going to become, in the future "a functionally unlimited aggregation of data", how are we going to keep them respectable and open? Traditional libraries are themselves seen as agents of the public trust, and so should these new digital endeavours. If Google is going to make a "library", then there is nothing to stop them, or some other entity, from doing so, because it is going to happen. We can't stop progress, but we can police it in a way that keeps it from extraordinary levels of corporate and government control.

All we can do as a society is uphold the ideals of freedom of access and a healthy "information ecology" as we make the transition from print to digital culture. "Fair-use" would have to help this ecology to grow and grow in a healthy manner, regardless of whether Google Print is the soil or something else, because it is going to happen either way.

Anyone else?

Conference and Publishing Opportunity for Bloggers

Boston University's Journal of Science and Technology Law has issued a CALL FOR PAPERS for "Personal Presses – The Legal Realities Behind the Blogging Revolution, A Colloquium on Blogging" to be held February 11, 2006, "to consider the legal complexities facing the growing blogging community." Their goal "is to collect a body of scholarship on the legal issues bloggers face in order to provide courts with some guidance as cases are litigated in these areas. [They] therefore welcome submissions from a broad and diverse range of voices and research areas: practitioners, judges, activists, and academics."

From the CFP:
Some questions to consider:
• Are bloggers journalists? If so, what liabilities and privileges do
they have?
• How do intellectual property laws affect what bloggers can or cannot post?
• What are the ethical issues bloggers need to consider?
• Can bloggers be fired for blogging?
• How does the First Amendment apply to blogging?
• How do jurisdictional boundaries, international and domestic, affect the legal issues potentially raised by blogging?
• How do any of these issues change with the introduction of
syndication, inline advertisements or tip jars, podcasting, or multiple authors on a single blog?

Paper proposals should include an abstract of no more than 1200 words, as well as the author's curriculum vitae. Please send proposals via e-mail in Word document format to jstl@bu.edu by September 10, 2005. Your subject line should read: Colloquium Paper Proposal: [Title]. The Journal will announce its decisions by October 1, 2005. Papers from the Colloquium will be published in Volume 12 of the Boston University Journal of Science and Technology Law.

August 16, 2005

Is Google a Library?

Michael Madison writes:

In response to Siva's post about Google Print and fair use, Laura Quilter weighs in, hoping to push the definition of "library" in Google's direction -- and toward a more expansive view of fair use.

Google's best case, it seems to me, is that it's hoping to provide"meta-information" about the underlying copyrighted works. Google has a few appellate cases in its corner Kelly v. Arriba Soft to start with, then Ty v. Publications International, and (I'd say) Sony v. Bleem, and Triangle Publications v. Knight-Ridder. But Google has to deal with the scope of its project -- which invites comparisons to less favorable opinions, like A&M Records v. Napster and UMG Recordings v. mp3.com (a district court case) -- and it needs to couple its Kelly argument with leverage from cases approving "intermediate" copying under certain circumstances (e.g., Sega v. Accolade). The opt-out option makes Google look less like the bad guy, but it may not help the fair use claim -- which I think is plausible but novel, and far from a slam dunk.

So, Laura suggests, Google should draw on the beneficence associated with "libraries" (think of George Carlin's description of baseball, which is all about going "home"). Even fair use skeptics have to agree: libraries do and should get a lot of slack under copyright law.

Is Google a library? Is there an "essence" of library -- a definition that Google can meet? Or can we say that Google is a library even if Google doesn't? Or what if Google says that it's a library, but we (perhaps a court) say otherwise? Whose analysis gets deference? What if Google and a library (Harvard? Stanford?) sign an agreement in which the contract specifies, whereas, Google and Stanford agree that Google provides library services via Google Print? Or should we simply conclude that Google should be characterized as a library because Google is doing something noble, and we all know that libraries are in the nobility business?

All of which is a roundabout way of suggesting that we should be focusing more on what Google does than on what Google is.

By the way, what if the service were named "Microsoft Print"? Or (since that sounds unfair to Microsoft) "Dr. Evil Print"?

To answer Michael (and Laura): Yes, there is an essense of a library. And no, Google does not come close. But Michael is right to focus on actions instead of essenses. And here, as well, I would argue that yes, libraries do many things that Google can and will not.

There are serious ideological and practical distinctions that make libraries libraries and librarians librarians. And all the algorithms in the world are not going to replace them.

I don't have time to write a whole essay on the ideologies and functions of libraries and why they are special. Again, some of that will be in my Google paper (should be readable some time in September). Until then, ask your local librarian. He or she will be happy to enlighten you about the difference.

Or, check out Chapter 8 of The Anarchist in the Library. (BTW, this link is from Google Print!)

Or, better yet, see Copy this Blog, written by a real librarian:

I honestly think the discussion of Google-as-library is more of a distraction from a real fair use argument. Copyright law does not have a definition of a library (or archive) per se, but does have qualifications that a library or archive must fulfill to take advantage of library or archive exemptions. Section 108, a 1 and 2, notably:


(1) the reproduction or distribution is made without any purpose of direct or indirect commercial advantage;

(2) the collections of the library or archives are (i) open to the public, or (ii) available not only to researchers affiliated with the library or archives or with the institution of which it is a part, but also to other persons doing research in a specialized field;

Under the current contract (which you can find a discussion of on the Library Law blog, when the FOIA’d it), I don’t think Google can meet those requirements (particularly the first). That’s why Google is not a library. If they changed the contract, maybe… but more importantly, I don’t know if Google would want to be treated as a library.

The restrictions for digital reproduction are pretty substantial, even for libraries. It’s actually a losing proposition for Google to be treated as a library, because the digital reproductions of a library are limited to the premises of the library. That’s the physical premises of the library.
——–

I’m also a bit wary of Google Print after reading a letter about the Google Print contract on the Library Law blog.

Now, assuming that the contract with Google Print wasn’t quite as odd as it appears to be- if Google actually was acting like a library- it would still need to rely on a fair use argument to do what it plans to do.

This is what I see:

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

Currently, this would weight against Google IMHO… unless they change the contract or actually act as agents of the library, which their current contract reportedly does not allow. This is the one that is in Google’s power to fix, and they probably should if they want to make a serious fair use argument.

(2) the nature of the copyrighted work;

Sometimes for Google, sometimes against Google.

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

Against Google, I believe.

(4) the effect of the use upon the potential market for or value of the copyrighted work.

This is the one that will be heavily debated, and actually does need some research performed to get a satisfactory answer. There will be arguments made for both side. I fear that strong IP proponents will win this argument, without actually considering the merits. I don’t know the answer to this, but I hate seeing something decided in that manner… this is where we need to work.

I’m sure there are better arguments to include here.

These are the Folks Running our Country

SECRECY NEWS, an e-mail list that is essential reading for those concerned with security and panic, reports:

ABLE DANGER: WELDON UNLEASHED

Rep. Curt Weldon (R-PA) caused a stir lately by alleging that a classified military intelligence data mining program codenamed ABLE DANGER had identified September 11 hijacker Mohammed Atta as a threat as early as summer of 2000 and that the 9/11 Commission had been so informed but had chosen to suppress the information.

In an official statement on the matter, former Commission Chair and Vice Chair Thomas Kean and Lee Hamilton disputed Weldon's account, and Weldon himself has begun to backtrack, stating that he is no longer certain that a chart he obtained from the military in 2001 actually named Atta. A copy of the August 12 Kean-Hamilton statement is here: http://www.fas.org/irp/news/2005/08/pdp081205.pdf

Rep. Weldon has a history of making inflammatory allegations that later proved to be unfounded.

On June 7, 1999 he stood on the House floor and accused the Clinton Administration of leaking the design of the W87 nuclear warhead to U.S. News and World Report. It was a charge he repeated several times, referring to an artist's rendering of the W87 warhead which appeared in the magazine's July 31, 1995 edition. "This administration leaked this document to U.S. News & World Report, giving the entire populace of the world... access to the design of the W87 nuclear warhead," he alleged. "I have been told... that it was [Secretary of Energy] Hazel O'Leary herself who gave U.S. News & World Report the actual diagram of the W87 nuclear warhead in 1995," he said. On June 8, 1999 he stated flatly: "Hazel O'Leary leaked the plans, which are in this magazine, for the W87 nuclear warhead."

None of this was true.

No government diagram of the W87 warhead was given to U.S. News. The artist's rendering of the weapon was a conceptual drawing, not a design. It was explicitly credited by the magazine to the Natural Resources Defense Council. An NRDC analyst confirmed that he had supplied the information to the graphic artist, and that it was based on informed speculation, not classified information. In accordance with the political tactics used to attack the Clinton-Gore Administration throughout much of the 1990s, Rep. Weldon never retracted or apologized for his unfounded accusations. See: http://www.fas.org/sgp/bulletin/sec80.html#weldon

According to an August 10 story in The Hill, Rep. Weldon said House Speaker Dennis Hastert will support his potential bid to become the next chairman of the House Armed Services Committee in 2008.

Why You Should Worship a Librarian

Expanding on Catherine's post below, here is more from Librarian Avengers:

lookitup.jpg


Why you should fall to your knees and worship a librarian
Ok, sure. We've all got our little preconceived notions about who librarians are and what they do. Many people think of librarians as diminutive civil servants, scuttling about "Sssh-ing" people and stamping things. Well, think again buster.
Librarians have degrees. They go to graduate school for Information Science and become masters of data systems and human/computer interaction. Librarians can catalog anything from an onion to a dog's ear. They could catalog you.
Librarians wield unfathomable power. With a flip of the wrist they can hide your dissertation behind piles of old Field and Stream magazines. They can find data for your term paper that you never knew existed. They may even point you toward new and appropriate subject headings.
People become librarians because they know too much. Their knowledge extends beyond mere categories. They cannot be confined to disciplines. Librarians are all-knowing and all-seeing. They bring order to chaos. They bring wisdom and culture to the masses. They preserve every aspect of human knowledge. Librarians rule. And they will kick the crap out of anyone who says otherwise.

Don Wright Cartoon

donwright.gif

From here; many more pro-Sheehan cartoons here as well.

Women for Women International

Many feminist blogs are touting Women for Women International; I confess I know nothing first hand about this organization, but the website is interesting, particularly this page about Iraqi Women's Rights.

Security Theater

Was riding New Jersey Transit a few days ago, headed to a conference in NYC so I had a rolling suitcase and a knapsack along with me, both of which I was required to unpack in front of four armed transit security officers. So now a whole bunch of commuters know what my intimate apparel looks like. I almost asked one of the cops, "Do you think this skirt would look better with the white blouse, or the black one?" but past experience has taught me that law enforcement officials do not always appreciate my goofball sense of humor, though perhaps I could have given the onlookers a minor giggle, beyond whatever mirth my boring law professor underwear had already provided.

August 15, 2005

Ms. Olsen, you're trying to seduce me.

loveliest.jpg
It seems that I've developed one of those girl crushes that the NYTimes keeps yammering on about. The object of my affection? Sigh. The sassy, supercool Ms. Erica Olsen of Librarian Avengers. I've been a fan of L.A. for several years, but I've only recently decided to share my love with the non-librarian world. So, if you really want to know what librarians are talking about it (and who doesn't?), check out Erica's bloggy-thingy. Added bonus: librarians cursing.

By the way, the above image comes from Jen Wolfe's mighty entertaining Library Career Romances.

Last Resorts

You know how your keys are always in the LAST place you look?

That's because you stop looking when you find them. Duh. They could also be in the FIRST place you look. But the first place would also be the last place.

Keep that in mind when W says he would attack a country without provocation even if it has broken no international laws or treaties only as a last resort.

See, he only attacked Iraq as a last resort. It was also a first resort. But whatever.

Making America Safe from Baby Terrorists

Babies Caught Up in 'No-Fly' Confusion

Can this administration do ANYTHING right?

"Why not Hillary?"

"Why Not Hillary?" by Carl M. Cannon, in Washington Monthly.

The available data do not suggest she is unelectable—they suggest just the opposite. A Gallup poll done a week before Memorial Day showed Sen. Clinton with a favorable rate of 55 percent. True, her unfavorable number is 39 percent, which is high enough for concern—but one that is nearly identical to Bush's on the eve of his reelection. And the unfavorable rating registered by Republican contender Bill Frist was nearly as high as his favorable numbers, with 32 percent saying they'd never heard of him.

Then there was this eye-opening question:

If Hillary Rodham Clinton were to run for president in 2008, how likely would you be to vote for her—very likely, somewhat likely, not very likely, or not at all likely?

Very likely 29%
Somewhat likely 24
Not very likely 7
Not at all likely 40
No opinion 1

At the risk of laboring the point, 29 percent plus 24 percent adds up to a majority. I can hear my pals answering this as they read these numbers: “Yes, but that's before the conservative attack machine gets a hold of her..."

Oooofah!

Okay, admittedly the personal privacy implications of this are a little unsettling, but the freaking hilarity factor is off the charts:

FOX UNPLUGGED: Indie rockers force Hannity to change number
BY MIKE MILIARD (from the 8/05/05 Boston Phoenix):

"A few weeks ago, we introduced you to Brooklyn indie agit-popsters Kids Against Combs, who’d just finished an album that used the private phone number of Fox News loudmouth Sean Hannity as its title.

"Sean Hannity (631) 673-8003 was set to be released on July 21 by 10-34 Records. But, according to a press release sent out last week by the band, Kids Against Combs and 10-34 were issued papers on July 15 from Hannity’s attorneys, "threatening to sue both parties if they proceeded with releasing an album named after Hannity’s home phone number and containing the political pundit’s home address in the CD’s liner notes." (The digits, meanwhile, are now disconnected; "changed to an unlisted number," says the recording.)

"The band also alleges that spies from the Hannity camp — or at least some people who "looked extremely conservative Republican" and "not the type of folk that would be at any sort of live performance, except for maybe Paul Anka or Wayne Newton" — arrived to scope out a KAC performance the next day. Luckily, the band had freshly printed copies of the album for sale, sans home address and retitled The Album Formerly Known As Sean Hannity’s Phone Number ... Currently Sean Hannity Is a Democracy Subverting Douche Bag.

"Despite the fact that 66 percent of our Style and Usage Panel prefer that "douchebag" be written as a compound word, they’re in unanimous agreement that the new title works just as well."


"Getting on with my life means a life without my dear, sweet boy"

Cindy Sheehan:

George Bush took a 2 hour bike ride on Saturday, and when he got back, he was asked how he could go for a two hour bike ride when he doesn't have time to meet with me, and he said: "I have to go on with my life." (Austin Statesman, August 14) WHAT!!!!!????? He has to get on with his life!!! I am so offended by that statement. Every person, war fan, or not, who has had a child killed in this mistake of an occupation should be highly offended by that remark. Who does he think he is? I wish I could EVER be able to get on with my life. Getting on with my life means a life without my dear, sweet boy. Getting on with my life means learning to live with a pain that is so intense that sometimes I feel like throwing up, or screaming until I pass out from sorrow. I wish a little bike ride could help me get on with my life. ...

I just wish George had as much courage in his entire body as Casey had in his little pinky, then he would meet with me. Crawford, Tx. is beautiful prairie land, but I could think of dozens of other places I would rather be right now. However, if George or anybody else thinks I am leaving before my mission is "accomplished" they have another think coming. I will stay the course. I will finish the mission. I will take no prisoners.

W has said many stupid, insensitive things in his public life. This might be the worst.

Hello Sailor!: How NYC Celebrates VJ Day

In my great city, love comes in all forms. Check out the couple on the right.

kiss.184.1.650.jpg

Now that's what I call "Justice Sunday!"

Siva's Tour 2005: Ann Arbor Sept. 23-24

The tour never seems to end.

The Sweetland Writing Center at the University of Michigan is holding a huge, interesting conference about plagiarism and copyright. I am speaking on Saturday. But most of the famous dudes are speaking on Friday. If you are in or around Detroit, come by and say hello.

The Sweetland Writing Center will hold a national conference to explore the inter-related issues of originality, imitation and plagiarism for students, scholars, professional writers, and readers. This conference will draw local and national attention to issues of concern to educators, students, and the general public, namely the widespread perception that much written work for academic purposes and general consumption is no longer original, but is imitative or plagiarized. We will address issues of copyright and ownership of original work, the appropriate dissemination of innovative ideas, and the authority and role of the writer/author. In recent years we have been treated to several high-profile cases of scientists, historians, journalists, and politicians stealing material from their peers or inventing facts to fit a thesis. Newspapers, radio, and television regularly lament the misuse of the Internet. How do scholars and students separate their own ideas from the cacophony of intellectual information within a specialized field, the media, and the Internet?

We have invited major figures in the fields of higher education, journalism, composition studies, copyright law, and creative writing. Plenaries will focus on the role of higher education in promoting the free exchange of information, while also guarding intellectual standards. Speakers will address the ethical and practical issues that complicate our contemporary notions of the writer and originality. Specialists in composition studies, especially in writing centers, are often expected to play a pivotal role in enforcing campus and community standards of authorial honesty. Composition specialists and creative writers will address both theoretical and practical issues for the teaching of writing, in which issues of originality, copying and plagiarism are especially fraught for students.

At Sweetland we see this confusing ferment of ideas as an opportunity to rethink the place of writing in education and learning. Our conference will be a timely intervention in national debates about what constitutes original or plagiarized writing. Postmodernists have played with, superimposed, and altered existing icons, clichés, and tropes in art and literature. Leading MFA programs, including our own, feature courses in imitation, arguing that the best way to develop one’s creative voice is to imitate consciously the work of established and venerated authors, such as William Faulkner and Ernest Hemingway. Medieval and Renaissance scholars remind us that the principle of imitatio—imitating classical authors—was a well-established and respected style of writing. Only in the eighteenth century did the written word become a unique form of intellectual property, to be protected in order to insure the livelihood of the individual author. Ever since, Anglo-American copyright law has upheld two contradictory principles, the need to protect a work and the freedom to disseminate its content. The legal distinction between free ideas and protected words still stands. In recent years, however, numerous institutions, including the Internet, have complicated these traditional rights. The troubling issues of what constitutes originality, imitation, and plagiarism among students are writ large in our society.

This conference is free and open to the public, without registration.

Another Great Reponse to the Google thing

From Laura Quilter:

Usually I agree (not slavishly. who said slavishly?) with everything Siva (and his minions on Sivacracy) has to say, but I have to disagree with him here on a couple of points.

First, the for-profit corporation issue. Yes, Google is a for-profit corporation, and while they try not to be evil, one could argue that they won’t be able to help it. Siva wishes that libraries would take greater advantage of fair use, and so do I — libraries are wonderful and should be able to do anything they want including lots of things they don’t do now (like, yeah, scan in everything they own). But I take issue with this form of library exceptionalism. Libraries should push fair use in the service and interests of their users, history, and humanity. But libraries are not the sole beneficiaries of fair use, nor should they be. For-profit corporations, not-for-profit corporations, heck, even tax-exempt religions — all should be able to exercise fair use broadly.

Well, Siva says Google is not a library. It’s true that Google is not the mom-and-apple-pie ALA version of a downtown library, complete with modern atrium and skylights for Mayoral gatherings. But I think we have to push on “library” for a bit. The Internet Archive is certainly a library. My home collection is certainly a library. (It even circulates, and I have remote storage, and I recently began a belated investment in DVDs.) Libraries may be private, semi-private, public; for- or not-for-profit; paper or digital. Why is Google not a library?

I wish I had time today to respond to all of the good comments zooming around the blogosphere and e-mail. I don't. Many big deadlines are crushing my spirit right now. But I will try to keep up with all the responses and post them here. They are all helping me formulate my arguments better.

August 14, 2005

Camp Casey

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More photos here and here.

Public Libraries: Do you want the good news or bad news first?

Okay. Here's the bad news. As if Buffalo doesn't have enough problems, the long-promised closing of Erie County's branch libraries (20 of 52) is fast approaching. Some of the communities are hoping to come up with the funding that will allow them to drop out of the county system, although they will continue to be taxed for services that they no longer receive. However, it's unlikely that some of the less well-off neighborhoods can afford such an admirable, but expensive plan. Sadly, Buffalo is only one of several communities looking into closing its public libraries, and of those that don't, several are shrinking hours, eliminating librarians, and cutting book funds. As a graduate of UB's fine MLS program and someone who dearly loves the city, I'm frustrated, disappointed, and very, very sad.

And here's your good news. After a lively public battle over library funding (that's right library funding), Philadelphia, the birthplace of the public library, is restoring funding to its 54 branch libraries. The Friends of the Free Library of Philadelphia did an outstanding job at reminding the city why libraries are so necessary to living communities.

Google Library and the Law

This article makes a similar argument to what I have been making:


GOOGLE LIBRARY: BEYOND FAIR USE?

By Elisabeth Hanratty

Abstract
Last December Google announced the formation of partnerships with select major libraries to begin digitizing and storing the libraries' collections online. Google aims to provide individuals with the ability to search the full text of these books from anywhere using the Google search engine. This project will greatly increase access to those works in the public domain, but what about the books still under copyright protection? This iBrief examines the copyright implications of this ambitious project and concludes that the project, as described, does infringe the rights of copyright holders. It further concludes that while such infringement is unlikely to be found to be a fair use, it may ultimately be in the copyright holders' best interests to acquiesce to Google's infringement.

It Gets Worse

In addition to the article that Dave cited below that shows how badly the administration has failed in Iraq and the fact that EVEN THEY are coming around to reality on this, the Washington Post today also has an article showing that the insurgents have been making chemical weapons.

Boylan said the suspected lab was new, dating from some time after the U.S.-led invasion of Iraq in 2003. The Bush administration cited evidence that Saddam Hussein's government was manufacturing weapons of mass destruction as the main justification for the invasion. No such weapons or factories were found.

Yep. You read it correctly.

There were no terrorists in Iraq before the invasion. Now there are thousands.

There were no chemical weapons in Iraq before the invasion. Now there are.

Americans were not endangered by anyone in Iraq before the invasion. Now thousands have died or been injured.

We have started an ethnic civil war and left Iraqi women wondering if they will be able to leave their houses after the Shi'ite radicals who now run the place institute oppressive laws against them.

Iraq and Iran used to be enemies. Now they are allies. And one (or both) will soon have nuclear weapons.

Way to go.

Soon every supporter of this war is just going to have to admit that we were right all along. It was a waste, a mistake, and a terrible fraud on the American soldier and the American people. The facts can't be denied.

I hope someone goes to prison over this. Too many good Americans have already lost their lives over this fraudulent, illegal war. Someone should pay.

White House Joins The "Reality-Based Community"?

Well, I for one feel badly let down. According to Robin Wright and Ellen Knickmeyer in the Washington Post, administration officials are now beginning to realize that Iraq may not end up becoming the peaceful, economically vibrant, stable democracy that we have been repeatedly told it is on the verge of becoming.

What's next? A cruel admission from the White House that humans evolved from apes? A statement by Dick Cheney that Halliburton consists of "a bunch of money-grubbing assholes committed to destroying America, and using our own tax dollars to do it"? A White House study that demonstrates that tax cuts for the extremely wealthy have actually contributed to our catastrophic budget deficits? A Presidential radio address in which he renames his Social Security plan the "Fuck 'Em, They're Old" (FETO) Program?

Mr. President, please do not start going down the reality-based road. There's really nothing down there for you. And, to be frank, I am able to keep my shit together emotionally only because I imagine the White House right now to be like the Hogwarts Academy or Willy Wonka's factory, a swirling rainbow wonderland of gnomes, magic potions, Oompa-Loompas, and Heritage Foundation reports, where people base policy on fabulously eccentric notions ("an omnipotent, omniscient being doesn't want us to have sex, so public health programs should be premised on chastity pledges"). If I start to think that your people are actually reading the newspapers and assessing real-world cause-effect relations, and that your team still comes up with the policies it does, I'm going to have to start mainlining Prozac.

August 13, 2005

Seth Drops some Science on the Google Thing

This might be the smartest thing written about Google Print/Library.


Google Print: Copyright vs. Innovation vs. commercial value

Let's step back for a moment. Why is Google doing this book-scanning project? It's not because it's just so cool (even if it is). While coolness may justify a small-scale promotional project, the scanning efforts are expensive. So Google, as a company, obviously sees some value in the effort. This is not wrong. But it's also a direct conflict with the granted monopoly know as copyright. Whenever
there is value, particularly commercial value, there is conflict over who should be able to receive it.

It's not hard at all to see potential returns here. Besides the obvious selling of ads from searches, consider that it positions Google to be a potential partner in any e-books venture. It's not a guarantee. But if a company already has a scanned, indexed, "production" version of the book, that's a good selling point. From this perspective, Google's interest in working with libraries can be seen as a way to do an end-run around contracts with publishers, and Amazon's own evident efforts (talking about doing well by doing good!)

That's just an example. Look at it this way. Google is saying, "Let us make e-books of all library content, and keep them - for copyright reasons we'll only display search results". That's clearly very dubious under copyright. But ... it's obviously an innovation. However, it's a very commercially valuable innovation. Which brings us back to copyright. A problem with the polarized debate over copyright is that it's often framed in terms of morality of property rights, opposed by individual usage rights (which leads to screaming of "monopolists" vs "thief"). But if the Google Print scanning project is viewed as a balance of economic interests - between one company that wants to leverage its search expertise into the e-book area, and other companies which want to maintain their limited monopoly on the potential market, then assuming one believes copyright properly grants some exclusive rights - it's not obvious which is correct here.

That is, the technology company can't be right every time, almost by definition. Because copyright as a limited monopoly fundamentally restricts innovation in some ways. That's the trade-off.

Volokh Fails/Crooked Timber Succeeds

Eugence Volokh's hunt for traitors came up empty. I guess he did not consider exposing a covert CIA agent treason. Oh well. Whatever.

In response to his stunt, Crooked Timber asked people to come up with a list of right wingers who have accused critics of the war of supporting the insurgents sans evidence. The list is impressive, once again showing that to the pro-war bloggers and pundits, facts and evidence are about as relevant as Nigerian yellowcake uranium.

One of these days these cranks on the right will realize that dissent is American. To quash dissent by sliming and lying about those who dissent is unAmerican. True patriots stand up to power when they see it abused.

No Nonsense: Texans Rally to Defeat ban on Gay Marriage/Focus on Real Issues

Glen Maxey is one of my heroes. He was my State Representative my last few years in Austin. He was the only openly gay (but FAR from the only gay) elected state official in Texas. He is smart, funny, hardworking, and pragmatic. No one in Texas is better at getting volunteers and voters out when it matters.

And while Glen was in the legislature he withstood insults, threats, and indignation from his elected colleagues so cruel that it reminded me of what Jackie Robinson put up with when he broke into baseball.

Now he is running the No Nonsense In November! campaign to defeat a referendum to ban gay marriages in Texas.

If you live in Texas, please sign up to support this campaign. If you don't, please consider giving money. It has a simple and powerful message: this referendum is a distraction from what really matters in politics, in life, and in Texas: jobs, the environment, schools, and crime.

It's clear that Aggie Gov. Rick Perry, who faces a stiff challenge from many Republicans who resent him for his failures, is trying to rally the religious right to his side with this issue. It's a classic Republican tactic: frighten people with non-issues to keep them distracted about how miserable the state is being run.

Well, Texans know the difference. That's why I am confident Glen and the No Nonsense campaign will prevail in November.

Why I think Google's Library Plan was Out of Bounds

Many people have written me asking me to elaborate on why I thought Google was out of line when it planned to copy millions of library books without permission from the copyright holder.

I am writing a paper about Google that comes out of my ALA talk. In it, I will walk through the precedents and arguments. In the mean time, check out Video Pipeline, Inc. v. Buena Vista Home Entertainment, Inc. This is a case about a company that did something close to what Google hoped to do -- with tragic results. It's not a sophisticated preliminary injunction decision. But I fear it's close to what Google had waiting for it.

In other news, The Register covers the story here. Sadly, this story confuses readers about the position of libraries in the Google Library plan. Many librarians were excited about it. Many were wary. There was not unified opinion. Libraries themselves did not take positions, save the four that were contracted with Google to allow access to their collections. The American Library Association, to my knowledge, did not take an official position, although its president did speak and write critically about the Google deal.

Copyfight has an interesting debate about my post. Many smart people weigh in here, including Derek Slater, who takes issue with my argument (while acknowledging that it's very brief).

That Was Sarcasm, Right?

I'm having trouble following Siva's reaction to Google's pausing its Google Print program.

Siva is quick to point to fair use cases counting against Google - that's odd, considering that in many contexts he would readily criticize bad strands of copyright caselaw. Google Print is making intermediate copies of the entire works in order to display a few pages from those books. With respect to books under copyright, the entire book is not displayed. Is Siva saying that any intermediate copying of an entire work by a corporation is unfair? What would that mean for reverse engineering? It'd be an admittedly tough case for Google to win, but I'm not so sure that Google actually is dead in the water under caselaw. If it is, I don't think it ought to be.

Regardless, the caselaw doesn't amount to what Siva implies it does. Though it's only a brief citation, it seems Siva seriously misreads American Geophysical Union v. Texaco. The court didn't rule against Texaco because it was a corporation. In fact, the appeals court specifically disagreed with the district court's "undue emphasis" on the for-profit nature of Texaco.

In the end, Texaco's copying of research papers for achival was found unfair under the first factor, for reasons closely connected to the fourth factor (market impact). And, on that point, I'm not sure what Siva's applauding. This case followed a broad reading of the works' potential market so that it includes any "traditional, reasonable, or likely developed markets." That does not comport with Sony's more constrained reading of this factor - it certainly seems "reasonable" that the television program copyright holders could and would develop a market that time-shifting undermines. The court also suggested that if the copyright holder is offering licenses for a use, then that's a developed market. This is one case in the dangerous, gradual expansion of this factor - see Mp3.com and Napster.

In American Geophysical Union, the court did note that the first factor (and thus the fourth, at least under Sony) was more likely to be considered fair under the first factor where it "produces a value that benefits the broader public interest." Reverse engineering would fit that category; Texaco's didn't. It seems that it is here that Siva seriously takes issue with Google.

We can put aside caselaw and go to straight-up normative analysis - Siva thinks that this Google Print is bad, bad, bad. What I see is gross hyperbole. What Google's doing is nothing like widespread infringing file-sharing on P2P. Sure, they're copying the entire book, but they're only providing small selections. I don't see how that amounts to a "copyright meltdown." (I know that you can try to do different searches to over time accumulate the whole book, but Google does enough to frustrate that, I think.)

Libraries good, corporations bad doesn't ring true for me. Without a doubt, I'm glad that people are becoming more skeptical of Google, despite their "we're not evil" mantra. However, in this case, Google was providing an important public service, one that happened to benefit the company commercially, but one that also did not pose a serious threat to copyright holders (in fact, it probably would help them), and for those reasons I think Google Print should be lawful.

As Jason put it: "This is a clear example of copyright failing the public in the digital age. Google isn't selling the books; they just need to scan them to help Internet users find what they're looking for. The fact that publishers are able to hold up this process works against consumers and the marketplace, not in their favor."

I trust that Derek understands that Texaco is not the only thing I am bringing to this argument. Nor is it simply a matter of "corporations bad, libraries good." Well, libraries ARE good. And copyright law recognizes the distinction quite appropriately.

When examining potential precedents like Texaco, Sony, and most importantly Kelly v. Ariba Soft, it's important to follow who is doing the copying and where the copies are being used and distributed. And it's VERY important to remember who bought the books. It ain't Google. The case would not be a slam dunk either way. But I was pessimistic about Google's chances to prevail and worried more if it did. The blowback would have been serious.

Anyway, there is much more to this question, so you will just have to wait for the paper to get my full argument. But basically, I feared that if Google were to go whole hog toward this project then courts would have had to react to the massive scale of the copying (which Derek calls intermediary but the publishers consider substantial nonetheless). If Google lost, the statuatory damages would have been just as massive as the project itself. That lovely IPO? Gone. Generations of cool Google innovations? Never happen.

I am afraid my "woulds" and "shoulds" are confusing. My concern about the Google project has more to do with the potential repercussions of the project in both courts and in Congress than with the project itself. My issues with the project itself stem from Google's rude behavior and the bad position its contracts put libraries in. I also have general concerns about the position of libraries in our information ecosytem (good) and their relationships with commercial services like Amazon.com and Google (bad).

That said, Google Print is a potentially great product and I cheer it on. I trust that many publishers will see that having their back catalogs searchable by Google is a really good thing for business (corporations, good).

As more publishers follow Oxford University Press in the effort to put out-of-print works through a print-on-demand service, they will see a flurry of new sales for old products. Meanwhile, readers and researchers could have the benefits of searching the text of these books. But it's important for the long term -- and for cultural democracy in general -- to convince copyright holders through argument and experience that they need not (in fact, should not) be so possessive. This will take time, patience, transparancy, and experimentation. Google's plan to just go ahead of scan the books demonstrated none of these features.

We can and will have access to millions of copyrighted books through Google. But this process should occur with the proper licenses.

Once again, I think we should recognize that unless we think copyright should not exist, copyright holders should be able to decide when to license their works to other companies. This is far from absolute. But it's common sense and generally true. Only in unusual circumstances, such as when markets fail to provide an essential public good, should we consider radical moves. This is not one of those cases. The service is not an essential public good -- just a cool idea. And the market was not failing. Publishers were at the table.

Google seemed to agree with me for a while. For months they negotiated with publishers over the terms. Then, out of blue, Google turned on the publishers and announced they were just going to go ahead and digitize these four library collections. Snap.

Google messed up by going all unilateral on the publishers. There was no market failure here. Transaction costs were not prohibitive. They were working out the deal. This was not the recording industry shunning Napster. This was how copyright is supposed to work.

So I am very pleased that Google has decided to wait until November to give itself a chance to work things out with publishers. This latest move is not an example of corporate cowardice. It's wisdom. Google has some brilliant copyright lawyers working there. And I am sure they are way ahead of me on this stuff. And Google's new "opt-out" plan deftly dodges the "orphan works" problem: if no one comes forward to say a book is theirs and is valuable, it goes up on line.

I am confident that an imperfect Google Print project will do more for the Copyfight than a perfect one. Readers will notice the holes in the service and ask "why is there no Steinbeck in here?" or "where is Lolita?" Then they will realize that copyright lasts too long for anyone's good. I am also confident that what Google will produce with permission from publishers will be pretty great.

August 12, 2005

Where Dinosaurs and the Bible Meet

When reality is far funnier than anything I could ever make up -

"Dinosaur Adventure Land - Where Dinosaurs and the Bible Meet!

Since 2001 Dinosaur Adventure Land has been a place where families can come to learn about God's Creation through science and the bible. DAL is comprised of a 3 story Science Center, Creation Museum, and Theme Park, making it fun for all ages, and one of the most amazing Creation Parks in the world. Our goal is to win souls to Christ, by giving everyone another choice. You can believe that you came from a rock, or you can believe that a loving God created you for a purpose. Plan your next family vacation . . ."

http://www.dinosauradventureland.com/kidos/index.html

"...they don’t have one thing at stake. They don’t suffer through sleepless nights worrying about their loved ones."

Cindy Sheehan, a brave American, addresses the cowards:

This is George Bush’s accountability moment. That’s why I’m here. The mainstream media aren’t holding him accountable. Neither is Congress. So I’m not leaving Crawford until he’s held accountable. It’s ironic, given the attacks leveled at me recently, how some in the media are so quick to scrutinize -- and distort -- the words and actions of a grieving mother but not the words and actions of the president of the United States.

But now it’s time for him to level with me and with the American people. I think that’s why there’s been such an outpouring of support. This is giving the 61 percent of Americans who feel that the war is wrong something to do -- something that allows their voices to be heard. It’s a way for them to stand up and show that they DO want our troops home, and that they know this war IS a mistake… a mistake they want to see corrected. It’s too late to bring back the people who are already dead, but there are tens of thousands of people still in harm’s way.

There is too much at stake to worry about our own egos. When my son was killed, I had to face the fact that I was somehow also responsible for what happened. Every American that allows this to continue has, to some extent, blood on their hands. Some of us have a little bit, and some of us are soaked in it.

People have asked what it is I want to say to President Bush. Well, my message is a simple one. He’s said that my son -- and the other children we’ve lost -- died for a noble cause. I want to find out what that noble cause is. And I want to ask him: “If it’s such a noble cause, have you asked your daughters to enlist? Have you encouraged them to go take the place of soldiers who are on their third tour of duty?” I also want him to stop using my son’s name to justify the war. The idea that we have to “complete the mission” in Iraq to honor Casey’s sacrifice is, to me, a sacrilege to my son’s name. Besides, does the president any longer even know what “the mission” really is over there?

Casey knew that the war was wrong from the beginning. But he felt it was his duty to go, that his buddies were going, and that he had no choice. The people who send our young, honorable, brave soldiers to die in this war, have no skin in the game. They don’t have any loved ones in harm’s way. As for people like O’Reilly and Hannity and Michelle Malkin and Rush Limbaugh and all the others who are attacking me and parroting the administration line that we must complete the mission there -- they don’t have one thing at stake. They don’t suffer through sleepless nights worrying about their loved ones.

Before this all started, I used to think that one person couldn’t make a difference... but now I see that one person who has the backing and support of millions of people can make a huge difference.

That’s why I’m going to be out here until one of three things happens: It’s August 31st and the president’s vacation ends and he leaves Crawford. They take me away in a squad car. Or he finally agrees to speak with me.

If he does, he’d better be prepared for me to hold his feet to the fire. If he starts talking about freedom and democracy -- or about how the war in Iraq is protecting America -- I’m not going to let him get away with it.

Like I said, this is George Bush’s accountability moment.

Boing Boing on the Google Library Move

Xeni has posted many of the reactions to Google's decision to stop scanning copyrighted books. She included mine, as well.

BTW, I will be talking about Google Library on PRI's Marketplace show on public radio Monday morning. Listen in.

"Why Do You Make Time for Donors but Not for Me?"

That's the sign Cindy Sheehan held up today as Bush's limo drove by on his way to raise $2 million.

Want to keep up with/support Sheehan? Here is one site.

This is Hilarious: Volokh Can't Justify his own comments

Eugene Volokh is looking for a few good westerners who defend the Iraqi insurgents.

So he defines "defend" to include "explain." Nice. Love a good witch hunt.

Anyway, of course Michael Moore said something stupid about the insurgents. He compared them to "minutemen." Duh. Next time he calls me to ask what to say, I will set him straight.

Meanwhile, I am sure they will come up with the usual suspects -- cranks, idiots, and radicals who really do wish our soldiers ill. There are plenty of them. But what's the point?

I guess when you can't win an argument and you can't win a war, this is what you resort to. Isn't it fun to see how those of us who have the facts and the nation's opinion on our side about this war always have to swat away dung thrown by squeaky voices who can't get beyond the ad hominem?

Meanwhile, outside the ranch in Crawford, Texas ...

Greg Robinson on Hiroshima and Nagasaki

Greg is a dear friend and a brilliant historian.

Looking ahead to Atlanta in October

I usually post my public speaking gigs here on the blog just before they happen. I thought I would give people in Georgia a heads up about a Symposium on Free Culture and the Digital Library at Emory University on October 14.

This interdisciplinary symposium, featuring Lawrence Lessig and Siva Vaidhyanathan, will explore the relationship between digital access to public cultural information and intellectual property constraints. In recent years, new legal limitations in the United States have affected public access to the materials held in a variety of different open digital library infrastructures, ranging from those of the Library of Congress to Kazaa. As new technological possibilities and laws governing their many uses emerge, it becomes critical to examine the relationship between digital innovation and legal regulation. This symposium seeks to promote a better understanding of the associated impacts of these changes on the local, national and international levels, both now and in the future. The symposium is hosted by the MetaScholar Initiative of Emory University's General Libraries. The symposium will be held from 9 AM - 5:30 PM on October 14, 2005, at Gambrell Hall on the Emory University Campus.

Google Avoids Copyright Meltdown

Aaron Swartz of Copyfight informs us that "Google Sells Out Users to Publishers"

As you undoubtedly recall, months ago Google launched their Google Print Library Project scanning thousands of books from the country's libraries for potential search, putting up whatever fair use or the publisher would allow.

Publishers, in typical copyright-holder paranoia fashion, worried that perhaps the two line snippets Google would be providing of their books would spell the end of the world for their entire industry. They wrote articles attacking Google for their cruelty and finally, today, Google announced it would back down.

That's right: Google won't even scan any book copyright holders ask them not to, even though doing so is perfectly legal. It's as if copyright holders got to dictate what books get placed in libraries. Their short-sighted selfishness will cost us all, depriving us of our heritage in our online Library of Alexandria.

Details at the Google Blog, under the Orwellian title Making books easier to find.

I have to disagree with Aaron here.

Google did not have the right to make wholesale copies of millions of copyrighted books without permission from the copyright holders. Google's original plan fails every possible fair use test ever tried. See, for example, American Geophysical Union v. Texaco.

If copyright is to mean anything at all, then corporations may not copy entire works that they have never purchased without permission for commercial gain. I can't imagine what sort of argument -- short of copyright nihilism -- would justify such a radical change in copyright law.

In fact, when I have asked people at Google to explain which exceptions to copyright the company claims would cover such a plan, I have failed to receive anything close to a coherent analysis or argument. I have heard them say stuff like, "we will be just like I-Tunes." God help us.

If the University of Michigan wanted to do this copying for its own patrons, then it certainly could. I wish more libraries would push their rights under copyright. But corporations do not have the same leeway as libraries. Libraries work for us. Corporations work for themselves.

As I said in my talk "The Googlization of Everything" to the American Library Association in June, Google's plan would have sparked a copyight meltdown. P2P was nothing compared to the fallout from this. And Congress would certainly have ensured that such a meltdown would not have ended well for readers, libraries, or the Internet -- none of which have rich lobbyists.

So I am very pleased that Google has decided to work with publishers (like it said it would originally) to convince them that offering their text in searchable form is good business for all. I still have some major problems with the contracts that these libraries signed with Google. I think the libraries are getting played badly here and they are violating their own principles of openness and public service by letting Google take charge and set the terms of this service.

Google might be a very good corporation -- one of the best ever, probably. But it's still not a library. Let's try to remember that.

August 11, 2005

Best Movie Of The Year!

youkai_daisensou_thumb.jpg

I hadn't planned to write a review of the new Japanese fantasy film Yôkai Daisensô ("War of the Goblins," I guess), directed by the brilliant and freakishly prolific Miike Takashi. Anyone who's seen Audition or any of the movies in the Dead or Alive series probably already has a pretty good sense of Miike's cracked cinematic vision.

In Yôkai Daisensô, which got a great response from the audience with whom I saw it in Ikebukuro the other day, Miike follows the adventures of ten-year-old Tadashi, who has to rescue his pet goblin and ultimately all humankind from the forces of darkness. The most important thing to bear in mind that it's a Miike movie for kids, which means that it's goofy and yet strikingly mature in terms of its presentation of children's fears and feelings. At crucial moments, it moves much closer to the openly erotic than any American family film would. You can get something of a sense of its sensibilities from this preview.

I'm not what one would call a "kid person," and I generally despise movies and books for kids. Yes, this includes the Harry Potter series. No, I haven't read them, and please don't tell me that I can't really judge the books without having read them. You probably haven't met me, so -- by a logic similar enough to leave me vaguely content -- you can't really judge whether or not I'm aware enough of my own tastes to be sure that four pages into Harry Potter and the Prisoner of Uzbekistan or whatever I would finally swallow the cyanide tablet I've got taped to the roof of my mouth. Please also bear in mind that because I don't have children, I don't have to rationalize reading children's books by saying that they're "good for grown-ups too." You know what other books are good for grown-ups? Ones that are actually written for grown-ups.

This just makes my own completely gleeful reaction to Yôkai Daisensô that much more surprising to me. The final shot of the preview linked above is a doozy. But so is the last minute of the film, which has a completely different feeling, one that I think no American movie (certainly not one for kids) would try.

I have no idea when this will come to American screens; it might simply go straight to DVD in the US. But I hope it'll be available on the big screen. It's without question the most entertaining film I've seen this year: hilarious, beautifully structured, and it even has Sugawara Bunta (star of of Fukasaku Kinji's Battles Without Honor or Humanity) series as Tadashi's alcoholic grandfather, and Kill Bill's Kuriyama Chiaki dressed in skin-tight white leather, with a white beehive hairdo, and using a white whip.

Unless someone releases, between now and December 31st, something surreal like Mark Wahlberg and Andre 3000 playing brothers who want to avenge the death of their mother, this will be my choice for Best Film of the Year.

On Sophism and Feminism

One of my favorite articles of the past decade comes from my intellectual hero, Martha Nussbaum of the University of Chicago.

Her New Republic article from 2003, The Professor of Parody attacks the vapid, useless, and frankly unreadable work of Judith Butler.

Butler and her friends fought back in print. But basically they could not mount a decent argument because so few of them could write a coherent argument. And well, Nussbaum was right.

Now John McGowan offers a defense, of sorts, of Butler and a criticism of Nussbaum.

I can't say that I find McGowan's case persuasive. But has more substance and patience than much of what followed Nussbaum's article. So I thank him for writing it.

Is still find myself asking the basic questions: what can we do with Butler's celebration of play-for-the-sake-of-play in "Gender Trouble?" What sort of politics can we make of it? How does it move us toward a more just world?

And I still can't understand why Butler hates her readers so much.

Texas will be Blue Soon

It's officially a majority-minority state, sooner than anyone expected.

Meanwhile, Texas could do (and has done) much worse than having an honest, moderate, dignified public servant like John Sharp as governor. He's not running. But many Texans are pushing him to. I got to know him pretty well back in the day. He really is the ideal public servant (despite being an Aggie). I hope he runs and I hope Texas elects him.

The Eyes of Texas are Upon You, Y'all!

Sign the Ad Supporting Cindy Sheehan

This will run in the Waco Tribune-Herald. If W actually read newspapers (or intelligence briefings, or anything) there might be a chance he would see it. Alas, we will have to just hope he cares even a little bit about a family that has lost a son in his war of choice.

"I support Cindy Sheehan's vigil for a meeting with President Bush so he can tell her why her son died in Iraq."

Hunter Kelly, RIP

From the Buffalo News: Mourners hail brief, full life of Hunter Kelly

Jim Kelly gave this football fan many wonderful memories and thrills. It's inspiring to think of all he gave to his son, Hunter. Jim Kelly continues to work to make the lives of other children like Hunter longer and more fulfilling.

The Kelly family has asked that those wishing to honor their son make a contribution to his foundation. Donations and condolences can be sent to:

Hunter's Hope
P.O. Box 643
Orchard Park, NY 14127

What Can Decent, Democratic People Do about Terrorism?

Anthony Barnett has some answers:

An international democratic movement against terrorism emerged from the Madrid attacks of 2004 %u2013 it is time for world leaders to catch up, says Anthony Barnett.

The Futility of Torture

By Clive Stafford Smith in openDemocracy:

The renewed attempt to normalise and justify torture is ethically wrong and practically dangerous, says the leading human rights lawyer Clive Stafford Smith. He draws on his experience with Guant�namo prisoners to advocate a better way.

On Hillary

An Altercation/Sivacracy reader named James Pearce has this to say about the prospect of Sen. Clinton running for president:

Just read your post at Altercation and I was somewhat surprised about the support for Hillary Clinton. I have nothing personal against Hillary. She makes a great senator and I think she's an important person to have in the Democratic Party. But I do NOT support her run for president. Here's why:

America is supposedly one of the world's great powers, economically,
politically, militarily, etc. Surely....SURELY.....we as a nation can offer worthy candidates that are NOT part of the Bush or Clinton clans. We are a diverse society, and yet our political process for the last 25 years has been taken over by a Montague/Capulet style dynasty.

It's bad enough that a Bush family representative has been in the White House since 1980! That's right. Between 1980-2005, someone named George Bush has either been VP or President for all but 8 short years. In 25 years, our nation hasn't been able to produce anyone as qualified if not more? I refuse to believe that.

Instead, I believe the ascendancy of the Bush clan (and the Clintons, to a lesser extent) has little to do with politics, and everything to do with brand management. Brand Bush has been foisted on us for a generation. And now Brand Clinton is being foisted on us. Is it any wonder that many people regard American development today as stagnant? We need new blood. We need to utilize our resources and come up with better alternatives than either a Bush or a Clinton.

A Sperm Sniffing Dog

BBC NEWS | Europe | Dog may help Swedes find rapists

"We have a lot of rapes which are outside, in parks, and sometimes it is hard for the victim to tell us exactly where it happened.We wanted to use a dog to help pick out the place, then take the DNA to be tested and compare to that of the suspect."

What's Wrong with Law Reviews?

Many things, it seems.

WWJD?

What would Jared do?

Yesterday I sent a comment to Subway expressing my disgust that they are a corporate sponsor for the Freedom Walk & Musical Salute starring Clint Black scheduled for September 11, 2005.

I do not have the text of what I wrote as it was a form you fill out on the Subway website. If you would like to share your comments, here is the LINK.


Here is their response to me.

Dear Subway Customer,

This is just one of the many activities and charitable events that local
Subway markets support across the country.

The event you are referring to, the America Supports You Freedom Walk on
Sept. 11, 2005, is one that is a local promotion supported by the
franchisees in the DC area.

As part of this event, the local franchisees will provide bottled water to
the walkers. They chose to be part of this
event because it will raise money to build a 9/11 memorial in the Pentagon.

The local Subway market supported the rescue workers during 9/11 and even
operate a Subway restaurant in the Pentagon.

Subway restaurants are individually owned and operated by franchisees who
are proud to be part of the communities they serve.

Sincerely,
Heather Mills


And mine back to Ms. Mills.

Dear Ms. Mills,

Thank you for your response.

I live in New York City. We still have a big hole in the ground here. A memorial will be built there too, someday, likely several years from now. Until then, you can trust that neither the Subway franchisees in NYC nor the citizens of NYC will EVER participate in a "promotional fundraising event" for that memorial on any September 11. EVER.

Sincerely,
Melissa Henriksen

W is living in his own reality

low culture: Finally, we begin to feel sorry for President Bush:


"Rafael Palmeiro is a friend. He testified in public and I believe him," Bush said in an interview with the Knight Ridder news service. "He's the kind of person that's going to stand up in front of the klieg lights and say he didn't use steroids, and I believe him. Still do."

How Republicans Smear Innocent and Patriotic Mothers

Media Matters for America explains how they generated and quickly spread lies as talking points through the conservative media.

BEWARE: It's rather disgusting.

I can't believe these people are taken seriously by anyone. They have no shame and no soul.

The immorality of the Republican propaganda machine has hit a new low, folks.

Why Public Transportation Rules

From Overheard in New York:

Bus driver: Will all the beautiful people please step to the rear? All the beautiful people, you know who you are. Thank you.

--Q46 bus

Conductor: Ladies and gentlemen: if you're running late for your train, try calling out "please wait." Most conductors will! The magic word gets used so seldom down here. This is your conductor speaking. And I'll wait.

--F train


Conductor: Why you waving your hand in the door? You trying to catch a cab?

--B train


Bus driver: If you want good air conditioning, move to the middle. This bus is crap!

--QM1 bus

Conductor: Ladies and gentlemen, we have some good news and some bad news. Bad news is that our engine has stopped. The good news is that you're not on an airplane.

--MetroNorth train

Conductor: Attention ladies and gentlemen, this is not an interactive ride! Please do not hold the doors.

--D train

PA system: Ladies and gentlemen, riding on the outside of cars is dangerous. Please ride fully inside the cars.

--4 train

D train headed to the Bronx. I repeat, this is the D train. D, as in Denise Richards.

--D train

Nice Democracy You are Building there, George

Baghdad Mayor Is Ousted by a Shiite Group and Replaced.

August 10, 2005 Baghdad Mayor Is Ousted by a Shiite Group and Replaced

By JAMES GLANZ
BAGHDAD, Iraq, Aug. 9 - Armed men entered Baghdad's municipal building during a blinding dust storm on Monday, deposed the city's mayor and installed a member of Iraq's most powerful Shiite militia.

The deposed mayor, Alaa al-Tamimi, who was not in his offices at the time, recounted the events in a telephone interview on Tuesday and called the move a municipal coup d'état. He added that he had gone into hiding for fear of his life.

"This is the new Iraq," said Mr. Tamimi, a secular engineer with no party affiliation. "They use force to achieve their goal."

The group that ousted him insisted that it had the authority to assume control of Iraq's capital city and that Mr. Tamimi was in no danger. The man the group installed, Hussein al-Tahaan, is a member of the Badr Organization, the armed militia of the Supreme Council for Islamic Revolution in Iraq, known as Sciri.

The militia has been credited with keeping the peace in heavily Shiite areas in southern Iraq but also accused of abuses like forcing women to wear the veils demanded by conservative Shiite religious law.

"If we wanted to do something bad to him, we would have done that," said Mazen A. Makkia, the elected city council chief who led the ouster on Monday and who had been in a lengthy and unresolved legal feud with Mr. Tamimi.

"We really want to establish the state of law for every citizen, and we did not threaten anyone," Mr. Makkia said. "This is not a coup."

Mr. Makkia confirmed that he had entered the building with armed men but said that they were bodyguards for him and several other council members who accompanied him. Witnesses estimated that the number of armed men ranged from 50 to 120. Mr. Makkia is a member of a Shiite political party that swept to victory during the across-the-board Shiite successes during January's elections.

Mr. Tamimi, the deposed mayor, was appointed by the central government and held ministerial rank. He was originally put in place by L. Paul Bremer III, the top American administrator in the country until an Iraqi government took over in June 2004.

Baghdad is the only city in Iraq that is its own province, and the city council had previously appointed Mr. Tahaan as governor of Baghdad province, with some responsibilities parallel to Mr. Tamimi's. But the mayor's office was clearly the more powerful office, a fact that proved to be a painful thorn in the side of Mr. Makkia, who believed that the council, which he controls, should hold sway in Baghdad.

Mr. Makkia provided a phone number for Mr. Tahaan, but the phone did not appear to be turned on. A spokesman for the American Embassy in Baghdad said that he was aware of the developments but that he had no immediate comment.

When asked whether the Iraqi prime minister, Ibrahim al-Jaafari, a politician with another Shiite Islamic party, Dawa, was concerned about developments at the municipality, a spokesman, Laith Kubba, said, "My guess is, yes, he is."

Mr. Kubba said he had not yet had a chance to talk with the prime minister about the issue. But gave clear indications that the prime minister would not stand in the way of the move.

Weeks ago, Mr. Tamimi had offered to resign or retire, saying that the budget he had been given was not adequate. For a city of six million people, the central government had given him a budget of $85 million; he had requested $1 billion.

As of Tuesday, the prime minister still had not formally accepted the offer, Mr. Kubba said. But he said the offer could be used to find a way to formally remove Mr. Tamimi.

"It's more or less a fait accompli that he's not going back to office," Mr. Kubba said. He added that Mr. Tahaan would be considered an interim mayor until the prime minister settled on someone to take the post permanently.

Leaders of the country's major political parties, meanwhile, resumed a summit meeting to break the deadlock over Iraq's new constitution, which was delayed by the same sandstorm on Monday.

The deadline for the constitution is in five days and the parties have so far failed to resolve several crucial issues like the role of Islam in the government, the future of the ethnically mixed and oil-rich city of Kirkuk and the scope of self-rule for regions outside Iraqi Kurdistan.

After the meeting, the Iraqi president, Jalal Talabani, said discussion focused mainly on the issue of autonomy and the distribution of oil revenues. He expressed confidence that the group would complete the constitution on time, but added, "As the English people would say, the devil is in the details."

Violence also continued around the city. One American soldier was killed and two were wounded when a car bomb exploded as a patrol passed through a crowded square in central Baghdad, the military said. An official at the Interior Ministry said at least three civilians were killed and 54 wounded in the same blast. Mortars landed near a mosque in southern Baghdad, killing two civilians and wounding four, the official said.

At least nine security officials were killed in four separate shooting incidents around Baghdad on Tuesday. An American marine was killed by small-arms fire on Monday in Ramadi, west of Baghdad, the military said.

In Washington, Secretary of Defense Donald H. Rumsfeld said Tuesday that Iran had become a conduit for weapons smuggled into Iraq and used by insurgents, and he criticized Tehran for not doing more to prevent the smuggling.

"Weapons clearly, unambiguously from Iran have been found in Iraq," he said at a Pentagon briefing. He added: "It's a big border. It's notably unhelpful for the Iranians to allow weapons of those types to cross the border."

Defense officials have said recently that components and fully manufactured bombs from Iran began appearing about two months ago and that a large shipment was captured last month in northeast Iraq after coming across the border.

Mr. Rumsfeld's comments were the first confirmation by a senior American official that such smuggling was occurring. Mr. Rumsfeld said it was not clear who in Iran was responsible for the shipments, which some specialists have said could be the work of smugglers or splinter insurgent groups, rather than the government of Iran.

Gen. Richard B. Myers, chairman of the Joint Chiefs of Staff, also said at the briefing that Iraqi and American forces have made arrests in Haditha, where 20 marines were killed in two ambushes last week, after tips from Iraqis in the area. "The public came forward and said these are the folks," General Myers said.

Mr. Tamimi, the ousted mayor, said he believed that Shiite political parties had forced the takeover in Baghdad in order to position themselves for the elections once a constitution is agreed upon.

For his part, he said, he had lost the sense of enthusiasm that had brought him back to Iraq after nearly a decade in exile.

"When I left in 1995, every day, it is years for me," Mr. Tamimi said. "But now when I leave I don't think I will be sorry. I leave because I cannot live in such conditions."

Dexter Filkins and Khalid al-Ansary contributed reporting from Baghdad for this article, and David S. Cloud from Washington.


George W. Bush: Disgusting Human Being

Check out how our president treats families that made the greatest sacrifice for his horrendous war of choice. This CNN transcript comes from Informed Comment:

BLITZER: All right. So tell us a little bit about what you're doing now. You had a chance to meet with the president, we're told, last summer. Is that right?

SHEEHAN: I met with him, I think, about June 17th last year. It was about two and a half months after Casey had died. And it was me...

BLITZER: Was that a private meeting, just you and the president?

SHEEHAN: It was me and my family, my other three children and my husband.

BLITZER: What did you say...

SHEEHAN: And we met with about 15 other -- about 15 other families were there also. But we got to -- he came in individually and met with each one of us individually.

BLITZER: And so, what did you say to him then?

SHEEHAN: It was -- you know, there was a lot of things said. We wanted to use the time for him to know that he killed an indispensable part of our family and humanity. And we wanted him to look at the pictures of Casey.He wouldn't look at the pictures of Casey. He didn't even know Casey's name. He came in the room and the very first thing he said is, "So who are we honoring here?" He didn't even know Casey's name. He didn't want to hear it. He didn't want to hear anything about Casey. He wouldn't even call him "him" or "he." He called him "your loved one."Every time we tried to talk about Casey and how much we missed him, he would change the subject. And he acted like it was a party.

BLITZER: Like a party? I mean...

SHEEHAN: Yes, he came in very jovial, and like we should be happy that he, our son, died for his misguided policies. He didn't even pretend like somebody...

BLITZER: So now you're trying to meet with him again. What's the point? What are you trying to achieve?

SHEEHAN: This week we had a terrible loss of life in Iraq. Everybody knows about the National Guard unit of Marines from Ohio. And that enough saddened me and broke my heart because I know what those families are going through. And it also broke my heart because I've been working very hard for a year to end the war in Iraq. And every day that another soldier, another Iraqi person gets killed just rips my heart open. But then George Bush, in a luncheon he was giving a talk at or something, he said that the families can rest assured that their children died for a noble cause. And he also said that we have to honor the sacrifices of the fallen soldiers by continuing the mission, by staying the mission in Iraq.And I have said this so many times: I do not want him to use my son's name to continue the killing. It's bad enough that my son is dead, and I'm a mother whose heart was ripped out on April 4, 2004. Why would I want one more mother, either Iraqi or American, to go through what I'm going through?I don't want him to justify my son's honorable sacrifice to continue his murderous killing policies. ' ...

Bush vs. Veterans once again

The campaign to hurt veterans continues.

Copyright Office to Force You to Use Insecure, Bad Software

The U.S. Copyright Office is soliciting comments about whether its web sites should only be accessible by using the horrible Microsoft Internet Explporer Web browser.

Send in you comments! There is really nothing worse than Microsoft software. And Explorer is the worst of the worst.

Remember: the Copyright Office is supposed to work for you, not Microsoft. Remind them of this.

August 10, 2005

First Frist, then Santorum, Run from W

Last week Bill Frist flip-flopped on stem cells research. I guess he woke up and realized he's a (gulp) doctor!. Now we find out that Rick Santorum changed his mind on Intelligent Design!

See, even craven stupid people can be right sometimes. Like broken clocks.

The Laziest President Ever

vacation.jpg
Bad things happen when W takes his usual month off from work.

Evolution Outreach Projects

Do battle against idiots and bigots (like our president, who does not even believe his own science advisor that Intelligent Design is a crock of crap). Use the stuff offered by the Evolution Outreach Projects at Swarthmore College.

textbookdisclaimers.jpg

How much does George W. Bush hate military families and veterans?

We have seen him try to destroy their reputations, spread horrible lies about them, short-change them on equipment and medical care, and lie to them about the purpose of their service and sacrifice. But this might take the prize.

Have we ever had such a cowardly, weak, spiteful person in the White House?

On the DisUnited Kingdom

I posted this today on Altercation:

From: Siva Vaidhyanathan Hometown: The House the Ruth Built

Dear Eric:

I am back from a couple of weeks in the United Kingdom. I think that place is going to have to change its name. It never really fit. Ever since the Act of Union in 1800 that set of islands has been freaking out over its identity, its essential "Britishness" (or lack thereof), and its methods of navigating its plural and diverse populations. Every couple of decades it goes through convulsions, often violent. It even had a nasty civil war a couple of centuries ago over how churches should be decorated. One side proudly called itself "Roundheads." Strange place.

The devastating attacks of July 7 an the failed attacks on July 21 have sent British pundits and politicians into fits of self-examination. And they don't seem to realize that they have been convulsing this way for centuries.

Basically, the United Kingdom can't seem to find a creed that unites its citizens. It never really has. There used to be the English and the others -- Welsh, Scot, and Irish. Then there were the British (much more inclusive, even if the English considered the Irish sub-human) and the colonial subjects. Since the collapse of the empire, the colonized have come north, ready to assume their rightful place in the various service industries of the British Isles. All that time, those who can trace their families back more than two generations on the British Isles have been wondering and worrying how they would cope. Yet cope they did, rather well in fact. For the past two decades the UK has seen the collapse of its nativist and hate-filled political movements and the rise of a general sense of tolerance. The debate over what recently became called multiculturalism raged on. But the British were always multicultural in deed and fact, if not in word, regardless of the debate. Anglo-Saxon, after all, was the original hyphenated identity.

Now the Prime Minister, who increasingly sounds less like himself and more like his dumb American cousin, wants the power to revoke the citizenship of fellow Brits whom he dislikes or fears. In other words, he wants to be able to deport people to ... well ... it's not clear where one would deport a British citizen ... most likely someplace with torture like Syria or Saudi Arabia. Of course, he asks his fellow citizens to trust him that such power would not be misused. It would never be used to imprison, deport, or torture innocent people. No. Never. And he and his henchmen are also considering implementing secret terror courts. Remember when conservatives used to boast about how something called "western culture" invented all these grand rights and freedoms like due process and transparency? Amazing how fast those things disappear when panic sets in. At no time do those who cry about civil liberties as "weaknesses" look around to places that have no civil liberties and ask whether they are really any safer. Ask people in Russia and Saudi Arabia about that.

That reminds me of the most (unintentionally) ridiculous op-ed headline I have read in some time, from the Independent (UK): "It is not illiberal for the state to curtail free speech in protection of its citizens."

Meanwhile, British papers are stocked full of columns musing about what it really means to be British now that Britain is visibly diverse (again, ignoring the fact that it has always been religiously and ethnically diverse). Strangely, some of the commenters, including the Home Secretary, point to the United States as a model, claiming that immigrants just melt right in over here and that they consider themselves Americans first almost right away (which is news to me and anyone else who has studied immigration history). Others say the UK should be more like France, where civil liberties easily give way to restrictions on public displays of faith and to practices of deportation for anyone who might cause trouble. While that cartoonish images of American and French immigration might serve a polemical purpose in the immediate British debate, they are really no help. For very good reasons, the UK is not the US and vice-versa. And it's certainly not France (to the great relief of both nations). No place with diverse populations is trouble-free. And violence comes from all sides, nativist and immigrant alike.

Sadly, while the Labour government goes through convulsions and calls for extremism to fight extremism, hate crimes are rampant. And multicultural hand-wringing continues, offering no real answers to the deep and troubling questions on everyone's mind:

• How could British citizens kill their neighbors and blow up their own transportation system?

• What can a free society do to limit the hate that motivates such actions, when closed societies like Saudi Arabia and Egypt are just as vulnerable?

• Did Iraq make them do it?

Actually, that last one is neither deep nor troubling. Tony Blair, once again taking cues from W, refuses to admit mistakes. So even over there, where the press has actually documented and confronted Blair's many lies about the justification for the illegal invasion of Iraq, and where tremendous majorities of the population opposed the war at every step, Blair refuses to admit that he screwed up big time. But immediately after the July 7 attacks, which could have United the Kingdom if Blair had not been so pig-headed, the prime minister immediately went on the defensive, claiming preposterously that these attacks could not possibly have been motivated by the brutality and torture unleashed by the war in Iraq. Of course, lefties like London Mayor Ken Livingston blamed the events (just as preposterously) on decades of missteps in the Middle East. For days, this stupid debate went on: Were the terrorists motivated by particular UK policies, or were they motivated by some ideological rage that rides untethered to any particular event or policy? As it happens, when one of the terrorists from the failed July 21 bombings was captured in Italy, he told reporters that his group did not care about Jihad or Al Queda and all that. He was just angry over Iraq. It's hard to take that guy seriously. But at least he's not the prime minister of a major power. At no point in that silly debate, however, did it occur to any of the players that OF COURSE London was a target because British troops torture and kill civilians in Iraq, and OF COURSE these murderers are motivated by a whole array of indignations, both real and imagined, many of them centuries old, most irrelevant and irrational. And no, the war in Iraq can't justify the slaughter of 50 people and the terrorizing of millions more in a nation that actually opposed the war in the first place (or, for that matter, such violence in a population that actually supported the war, rare though that was).

As Ali G would say, you got to recognize. The Iraq war was a bad idea on its demerits, regardless of what happened in London in July. It was a bad idea before and it remains a bad idea now. But the 50 people who died had nothing to do with it. The professionalization of combat was a brief moment in human history. We are now back to a state of nature, in which we are all "enemy combatants" to someone, regardless of what uniform we wear or don't wear. We are just going to have to deal with that fact.

Any country that is going to march around the world with guns (or checkbooks) drawn has got to expect someone to bring the fight home these days. Weapons are small and cheap. People, money, and propaganda move freely. And there is really nothing a powerful country can do to ensure that every subway, federal office building, school, bridge, or tunnel will be safe. There are violent extremists everywhere. If we are going to do some stuff in the world, we are going to have to expect stuff to blow up here at home. And a world in which powerful nations do nothing is simply not realistic nor desirable. No president or prime minister is going to admit that to you, of course. Which is why we need the occasional poet, priest, or professor to say it.

Have we (let alone the British) come to terms with the alarming level of necessary vulnerability we live with every day? It's not our freedoms that make us vulnerable. It's our mobility, our motives, and our machines. We now have the knowledge to make nuclear bombs that fit into backpacks and kill hundreds of thousands. We have the imagination to use rudimentary tools to take over tubes of metal filled with fuel and ram them into tall buildings. Sure, we get warnings some times. And occasionally our leaders take them seriously (just not our particular leaders, of course). But it's remarkable that more people don't die horrible deaths at the hands of suicide bombers in more of the world. Think about it.

Instead of contemplating the existential vulnerability of the modern human condition (which, granted, is a downer), we make up all sorts of quick fixes, none of which address the strange phenomenon that underlies the violence: we hate each other too readily and kill each other too efficiently. Instead, we ponder national ID cards, fences that imprison entire populations, total biometrical surveillance, deportation to face certain torture and likely death, and blaming third parties that have nothing to do with the threat at hand.

It's really sad that four years after the fall of the World Trade Center, we have not advanced our debate and discussion beyond counterproductive restrictions on civil liberties both in the United States and Europe. If only it were that simple. Sigh.

On other matters, I noticed that on Tuesday you questioned the presidential electability of our fine Senator, Hillary Rodham Clinton. I don't get this. She is one of the most popular politicians in the country. She is beloved by real Americans of all persuasions -- especially women. There is cadre of misogynistic right-wingers who despise everything about her and imagine the most horrid stories to tell about her. But she has faced it all, fought back, and prevailed. All the lies have already been told and exposed. They have nothing new on her. That's why they fear her so much. In addition, Sen. Clinton has always been a moderate -- raised a moderate midwestern Republican and married into a moderate Southern Democratic family. She has always been a cerebral yet brave. She is basically an Arkansas Democrat, old school style. That's where she learned her skills. And she had a brilliant tutor. For every weakness her husband revealed, she showed a strength. If I have a complaint about her, it's that she is not liberal enough. But that's the same complaint I had about our last president, who ended up being a deep disappointment to anyone who believes in the core missions of liberalism. Still, I sure miss the guy and the days in which sex scandals counted as serious threats to the nation. I am rather bullish on the prospect of Sen. Clinton's pending nomination. I think she is pretty close to unbeatable.

Perhaps the Stupidist Article Ever Written about Sports

Sadly, it's from The Nation's online site.

My buddy Dave has this response to it:

Among other misdemeanors, there’s this: “As the popularity of sports rose among working people, factory owners began to see the benefit of establishing plant teams as a form of labor management. This synthesis bore team factory names that remain today like the Green Bay Packers and the Milwaukee Brewers.” I hate it when people nitpick, but I’ve gotta here – the Milwaukee Brewers began in 1969, which was hardly the height of the Fordist factory age. The previous Milwaukee team, the Milwaukee Braves, left for Atlanta about 10 years before. And they were the Boston Braves until about 1950.

There are no words...

From Tim Grieve at Salon...

Salon.com - War Room

We're gonna party like it's ... 9/11?

Secretary of Defense Donald Rumsfeld announced yesterday that the Pentagon will celebrate -- and really, there's no other word for it -- the fourth anniversary of 9/11 with a country music concert and an "America Supports You Freedom Walk."

We are not making this up.

You might think that the secretary of defense could come up with a more tasteful way to reflect on 9/11. And you might think that the Bush administration would be able to refrain, just this once, from linking the war in Iraq back to the attacks on 9/11. You'd be wrong on both counts. As the New York Daily News reports, Rumsfeld is planning a Fourth of July-style "support the troops" extravaganza for Sept. 11, 2005. The day will start with a march from the Pentagon to the National Mall, and it will culminate with a concert by Clint Black.

Black is the man behind "I Raq and Roll," a country ditty that conflates Saddam Hussein with "the devil" who attacked the United States on 9/11: "We can't ignore the devil, he'll keep coming back for more ... If they won't show us their weapons, we might have to show them ours. It might be a smart bomb -- they find stupid people, too. And if you stand with the likes of Saddam, one just might find you."

Did we mention that we're not making this up?

If Rumsfeld really wants to commemorate the attacks of 9/11 in some kind of meaningful way, we've got an idea for him: He could tell the truth to the 9/11 Commission about a report that the U.S. military had identified Mohammed Atta and three other hijackers as potential threats more than a year before the attacks.

-- T.G.

Humans and Chimps: the same but different?

In keeping with our brilliant President's suggestion that people be exposed to "different schools of thought" I post the following.

The highly prestigious and open-source journal PLoS Biology recently published an article which discusses a hypothesis, first suggested 30 years ago, aimed at understanding how and why humans and chimpanzees are so very different in anatomy and behavior despite the high degree of similarity/identity among their proteins and genes.
The curious and interesting can read the article PLoS Biology: Evolution at Two Levels: On Genes and Form here.


The lazy and dull can expose themselves to this school of thought: "That's a hard question. Far too hard to try to answer using the scientific method. That's just how things are. Some things are hard to figure out and when they are hard to figure out, it is best to remember that someone must have made it that way. Don't ask me who. Maybe God, maybe aliens, maybe Santa Claus. Don't worry about who. Just know that that's the way it is and stop wondering about it. That's our "hypothesis."

Why a Closer?

Last night the White Sox led the Yankees 1-0 in the top of the ninth inning. Instead of bringing in Mariano Rivera, the greatest pitcher in baseball and possibly the greatest closer of all time, Joe Torre went with the standard scrubs of the Yankee bullpen.

As a result, the Sox got another home run, thus pushing the lead to 2-0.

The Yankees had two shots at tying. In the bottom of the eighth the Yanks had Womack, Jeter, and Sheffield batting. They got nothing. Then Sturtz shut down the Sox in the top of the ninth. That let A-Rod (the greatest player in baseball) hit what would have been the game-tying home run in the bottom of the ninth. The inning ended with a runner on base and Bernie Williams up.

So conventional wisdom says don't bring in your best pitcher unless you are tied or have a lead. Why? Why not do it in a one-run game against a playoff team while in a pennant race in August?

I don't get it.

Signs I am losing contact with reality

I am really looking forward to James Cameron's Aquaman.

Battling the Bottom-Feeders in the Comments

Brian Leiter, getting tired of the nasty personal attacks by commenters who don't seem to understand the meaning of the word "personal" offers Your Handy Guide to Right-Wing Lawyers Who Hate Brian Leiter...or the Company that Eugene Volokh Keeps.

Things are getting heated up among these mild-mannered law profs.

August 9, 2005

What the hell?

Alaska, the nation's third least populated state, is the fourth-biggest recipient of transportation funds.

A bridge to nowhere

Great First Monday Article on Open Source, Open Access, and Open Science

Titled The unacknowledged convergence of open source, open access, and open science, John Willinsky of the University of British Columbia has this wonderful article in the current First Monday. Please check it out.

Abstract: A number of open initiatives are actively resisting the extension of intellectual property rights. Among these developments, three prominent instances -- open source software, open access to research and scholarship, and open science -- share not only a commitment to the unrestricted exchange of information and ideas, but economic principles based on (1) the efficacy of free software and research; (2) the reputation-building afforded by public access and patronage; and, (3) the emergence of a free -- or -- subscribe access model. Still, with this much in common, the strong sense of convergence among these open initiatives has yet to be fully realized, to the detriment of the larger, common issue. By drawing on David's (2004; 2003; 2000; 1998) economic work on open science and Weber's (2004) analysis of open source, this paper seeks to make that convergence all the more apparent, as well as worth pursuing, by those interested in furthering this alternative approach, which would treat intellectual properties as public goods.

August 8, 2005

Library Journal talks to me about Grokster

Library Journal, the leading trade publication for American libraries, carries a short interview with me about the fallout of the Grokster case.

In a stunning, unanimous decision, the Supreme Court in the case of MGM v. Grokster recently ruled that companies can be held liable for copyright infringement if it can be proven they intentionally induced infringing activities. LJ's Andrew Richard Albanese caught up with author and copyright expert (and LJ Mover & Shaker) Siva Vaidhyanathan to examine the ruling.

LJ: Just when I thought digital copyright couldn't get more complicated, the Supreme Court gives us intent. Is this a novel construct in the realm of copyright?

SV: The idea of inducement of infringement, which requires intent, is imported from patent law. As it turns out, the basic principle that inducement curbs -- that is the idea that a technology with substantial non-infringing uses is exempt from contributory infringement -- was also imported from patent law. But that does not mean that creating an inducement principle is a good idea. Things could get messy in the world of technology development and deployment. Rigging something new out of something old -- hacking code, in other words -- could subject a person to lawsuits. For a couple of decades technologists have been able to invent stuff with little anxiety that copyright holders would come after them for the things that their customers do with their products. That's all about to change.

LJ: The American Library Association (ALA) found a silver lining, noting that Betamax was preserved. But how will this ruling likely play?

SV: The ruling was not a disaster, but it was bad, nonetheless. It will do nothing to curb infringement, but it will employ a lot more copyright lawyers. Companies and users will be worrying and wondering if they are contributing to others' infringement activities. They will hire lawyers to tell them if they are. The lawyers will urge caution. And we will all pay a price for the things that never got invented or marketed. There will be a chilling effect on innovation, without a doubt.


LJ: In your last book, The Anarchist in the Library, you looked at the impact of peer-to-peer technology. How might you update that book in light of this ruling?

SV: This ruling is modest and unrevolutionary. It's mostly going to be an annoyance. I'm afraid that the real, big, global battles to rein in flows of information through technological policy will continue in other forums, mostly through international treaties and trade policy. That's where the action is now. I've been busy writing about the globalization of copyright for my next book.

LJ: The lower court seemed to disagree fundamentally with the Supreme Court in this case, noting that the market usually solves its own disruptions, while the Supreme Court said that may be impossible in this case. Which is right?

SV: They are both right. When new technologies extend and amplify old behaviors, people in power get shaken up. It may seem impossible to protect copyrights in the new technological context. But every time the copyright industries have screamed "the sky is falling," the sky failed to fall. Some firms failed, practices changed, expectations changed, social norms changed. But copyright has continued to work for a couple of centuries despite doomsday stories every few decades. We can save copyright -- the good stuff about copyright -- if we invest in honest dialog and education about why it's important. Copyright is only in danger because big media companies don't actually believe in it.

LJ: What positives can we take from this ruling? Best-case scenario?

SV: The best-case scenario is that technology companies all do what Apple does now. Every time you buy an iPod, you have to peel off a label that winks at you, "Don't steal music." Yeah, right. If that's all it takes to avoid liability, then we can continue to enjoy all the cool gadgets around us.

LJ: Worst case?

SV: The worst-case scenario involves a series of lawsuits against libraries and universities for doing what we have done for centuries: induced infringement. Face it: I can't do my job without encouraging or requiring my students to make unauthorized and unlicensed copies of copyrighted material. I induce infringement every day. A more likely scenario, which is almost as bad, involves a series of lawsuits against Google and the Wayback machine for caching copyrighted web pages and inducing infringement by their users. That could have a major chilling effect on everyone who seeks information.

Prosecutors: Guantanamo Trials "a fraud on the American People."

Jack Balkin reports that Army prosecutors are angry about the Stalinistic show trials that the military is conducting in Guantanamo.

That's ARMY PROSECUTORS, people. That's right.

The Illegal Appointment of John Bolton

According to Marty Lederman, Bush violated the Constitution by claiming Bolton is a "recess appointment" according to Article II, Section 2, Clause 3 of the Consitution. Problem is, the Senate was NOT between sessions. It was on a break during a single session.

Clinton did the same thing a number of times with "recess" appointments that should have faced Senate scrutiny.

Explain that, if you happen to take the text of the Consitution seriously.

August 7, 2005

Merry Christmas Already

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I was just watching the beginning of a soccer match between Japan and South Korea, when I suddenly heard a ghastly pop version of "Joy to the World." Yes, credit card provider JCB has just released its first Christmas commercial of the year. Thanks to Oda Yuji (their spokes-celebrity) and JCB for helping me start my nightmares a little early this year.

Two Japanese Movies With Barely Any Connection To One Another

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What if New Age pianist/guitarist George Winston weren’t such a bad-ass motherfucker? That’s the question that the soundtrack of the odd new Japanese film Ki no umi (Jyukai) seems to be asking. It’s one of two new Japanese films I’ve watched this week in a heat/humidity/jetlag blur, trying to reacclimate myself to the rhythms of Japanese speech, social discourse, and blowing shit up.

The other movie, Boukoku no Aegis, handles the “blowing shit up” duties. But both movies uneasily graft Japanese social and political debates onto cinematic narrative forms that don’t exactly work for them. I’m relatively sure Boukoku no Aegis won’t make it to America anytime soon; although it’s got a massive budget by Japanese standards, it looks cheap and unimpressive by American action-film standards. Jyukai might arrive at the arts theaters, but my sense is that even most Americans who nominally prefer foreign “artsy films” actually just want to watch Audrey Tautou smiling sweetly at the screen in Amelie, a film that reminded me of someone raking their fingernails across a blackboard in French. For two solid hours. While everyone else in the audience was enjoying it.

Boukoku no Aegis, is one of three recent films based on novels by Fukui Harutoshi, who reportedly is not himself a feverish militarist. One would be hard-pressed to know it from the film, though it’s free of the gung-ho savagery of Schwarzenegger movies like Commando or any of the Rambo movies, like First Blood III: Rambo Basically Creates Al Qaeda.

In Boukoku no Aegis, which translates roughly as “The Lost Country’s Aegis Cruiser,” follows the fate of one of Japan’s Aegis-equipped ships, which is taken over by terrorists and Japanese traitors in an operation simultaneously more complex than Karl Rove’s changing stories and yet more boring than, well, shocked media reports about Karl Rove’s changing stories. After killing the captain, the unnamed terrorists and mutineers announce that they’re going to detonate an American-built chemical weapon in Tokyo and politely request that all the Japanese Maritime Self-Defense Force (MSDF) sailors leave the boat. They do so, earning the contempt of the terrorist leader. He then blows up another MSDF ships, saying “Nihonjin, yoku miro. Kore wa senso da” (Take a good look, Japanese. This is war.”).

Fortunately, chief petty officer Sengoku (Sanada Hiroyuki, who played the toughest samuari warrior in The Last Samurai and was one of only one-and-a-half things about that film that didn’t make me want to kill myself; the other half-thing was Tom Cruise delivering a speech in English to the Emperor Meiji about what it means to be Japanese, which I would count as a full thing if I thought it was actually intended to be side-splittingly funny) reboards the ship and decides to take on the terrorists more or less singlehandedly.

I know what you’re thinking: Doesn’t this sound a lot like Under Siege, the Steven Seagal film in which an American destroyer’s chef saves Hawaii from nuclear destruction? And didn’t that movie sound a lot like Die Hard?

Right on both counts, and this is the problem, as other critics have noted. It’s not just that the plot itself is unoriginal. Instead, the key mismatch in the movie is the message that Japan needs a real military, combined with a lone-wolf-battling-the-terrorists plot that really doesn’t make the case.

Boukoku no Aegis takes itself far too seriously, with major characters in the film quoting a fictional thesis submitted to Japan’s National Defense University in which the author had spoken about Japan as a “lost nation,”one without purpose. Without a military, Japanese had had to pursue things like wealth and peace, neither of which — it appears — can really sustain a country’s interest. So Japan’s myriad social/psychological/cultural/spiritual crises are the result of its not being able to kick a little more unspecified ass.

I want to be careful about this, because the film doesn’t really specify who is attacking Japan or why. The mutineers have their own complex psychological reasons; the foreign terrorists — who speak Japanese — are a bit murkier in their motives, except for the fact that they despise the Japanese. The movie can’t easily be categorized as anti-anything, as it doesn’t even label North Korea (the most likely culprit) as the bad guy. Instead, the villains simply represent the unnamed threats who want to take advantage of Japan’s spiritual malaise.

Judging from the reactions of the audience with whom I saw it (overwhelmingly male and older than most movie audiences I’ve been with in Tokyo), it was a pretty compelling message. The film reserves most of its scorn not for the anti-Japanese villains but rather for the arrogant, hand-wringing politicians who refuse to stand up for Japan and who seem all too willing to point fingers at one another without actually taking steps to stop the imminent attack.

I should add that one of the most interesting things about the film is Sengoku, the hero. Whereas American heroes in these kinds of films are usually wise-cracking tough guys who perennially seem on the verge of saying “I’m getting too old for this shit,” Sanada is actually a friendly, generous guy who simply shows impressive resolve when the situation demands it.

There was a four-part series published in the Yomiuri Shimbun, Japan’s most widely read (and quite conservative) daily newspaper, back in 2002 after Japan’s Coast Guard sank a suspicious boat, evidently a North Korean spy boat, in December 2001. The series went through the minutiae of the 20-hour chase, with the authors interviewing the captains of the Japanese boats. Where they describe the North Korean sailors as smooth professionals in the way they handled their boat, fired their weapons, etc., the Japanese are described as morally troubled and uncertain about whether they can even fire their weapons. Their willingness to do so ultimately becomes a moment of heroism in the story.

As in that series, Sengoku rises to the occasion but seems shocked that others can harbor such ill will or be capable of such evil. It isn’t a mild-mannered cover for a genuine hero; it’s instead a heroic moment for a virtuously mild-mannered person.

And, I should also point out, it also drains any possible humor from the movie. Give me Bruce Willis saying "Yippee-ki-yay, motherfucker" anytime.

The other film, Jyukai, is similarly contemporary in its theme. The full title Ki no Umi (Jyukai) refers to the forest behind Mount Fuji, and here four suicides (or near-suicides) take place. Japan has an extraordinarily high suicide rate, with over 30,000 suicides each year.

I can’t explain why in any comprehensive way, though I doubt it's just coincidence that the really rapid increase in Japan's suicide rate took place around 1998, when the number of bankruptcies exploded. I would call attention (following the superb work by UC-San Diego economist Ulrike Schaede) to the payoffs that Japanese life insurance firms often make for suicide. For at least some who would like to leave their families with something other than mountains of debt, suicide may be a financially responsible decision — though, of course, it’s profoundly troubling that this would be the case.

Naturally, the problem has not gone unnoticed in Japan. In addition to freaky horror films like Suicide Club, there are any number of novels, articles, etc., about individual and group suicides, and in Jyukai, rookie director Takimoto Tomoyuki seems to want to use suicide to make an artistic contribution while also providing an anti-suicide message.

It doesn’t fully work, though this isn’t because Takimoto is an unskilled director. In the film’s four stories, he shows himself to be a master of color and light, with the dense, lushly green forest becoming so hypnotic that when a flash of color appears (five red apples, a man in a yellow shirt about to place his head into a white noose), it’s jarring. And he has mastered conversational mise-en-scene, with long shots of two actors chatting, reacting naturally to one another without the benefit of montage editing to fine-tune their responses.

The main problem is that the author usually does one or the other of these things. The scenes in the forest mostly consist of an organized crime boss’s hotheaded chauffeur (Ikeuchi Hiroyuki) screaming into his cell phone for about twenty minutes, or a bloodied embezzler carrying on a monologue with a corpse as his audience. This puts an unmanageable burden on each actor, draining the life from each scene, for the simple reason that it’s hard to be all that interested in someone talking to himself for that long.

In the film’s more successful stories, emotionally damaged characters struggle with their pasts. The George Winston Lite music tends to signal their epiphanies, which is an unfortunate choice, because Takimoto manages to draw complex and engaging performances from three of his actors. In her scenes as a train station kiosk cashier, Igawa Haruka (who is most famous in Japan as a swimsuit model, and gets bonus points for being willing to risk her career by looking very frumpy in the film) takes a nearly impossible role and renders it fairly believable, mostly through understatement and passivity, which acts as a shaky cover for her character’s inner turmoil.

But the film’s best section (by far) refers only conversationally to the forest behind Mount Fuji. A detective (Shiomi Sansei) questions a successful businessman (Tsuda Kanji) about his relationship to a woman who had committed suicide in the forest months ago. The story isn’t really about her, and instead we’re treated to a slowly evolving relationship between the two characters. Mark Schilling had it right in describing this section as a “small gem.” Indeed, it might have been even better served as an independent short film rather than a section of a longer movie determined to convince us, as if most of us would doubt it, that suicide is a terribly sad choice.

Incidentally, there's a very nice capsule review in the always reliable Midnight Eye about the film. Jasper Sharp rightly points out that the connection between the detective and the salaryman becomes most pronounced as they share their views about Japan's social meltdowns.

I realize this is a pretty random connection of movies for one review entry. What can I say? I’m still jetlagged.

August 6, 2005

Thank God, that ban on armor piercing ammunition failed

Concerned about the anti-gun lobby's "reign of extortion" in this country, a close family member of mine recently signed up for the NRA's legislative alerts. Okay, it was my husband's cat. And I signed him up.

This is the first of those legislative alerts, which I post here in its entirety. By the way, I count four exclamation! points! in the first! two sentences! Who knew that the NRA is run by a bunch of eighth grade girls? Thanks for the update, ladies.

NRA-ILA Grassroots Alert Vol. 12, No. 30 7/29/05

S. 397 PASSES U.S. SENATE!!!

Thanks to your efforts, today, the U.S. Senate passed S. 397 by a strong bipartisan vote of 65-31! While this doesn't assure the bill will be enacted into law, it represents a MAJOR first step toward ending the anti-gun lobby's reign of extortion through reckless lawsuits against the firearm industry. The fight now moves to the U.S. House of Representatives, so it is critical that you once again contact your U.S. Representative and urge him/her to pass S. 397--"The Protection of Lawful Commerce in Arms Act."

As reported yesterday, an amendment by Sen. Herb Kohl (D-Wisc.) passed, which requires federally licensed dealers to provide a "secure gun storage or safety device" with the sale/transfer of every handgun (does not apply to long guns). It does not require gun owners to use the device, does not apply to private transfers, and does not create any new civil liability for gun owners who choose not to use these storage devices. Virtually all new handguns today are sold with some type of secure storage or safety device. The amendment has no significant impact on current law or S. 397 itself.

The U.S. Senate rejected a slew of anti-gun amendments to S. 397 including:

* Special "carve out" amendments by Sens. Corzine (D-N.J.) and Lautenberg (D-N.J.) that would have permitted reckless lawsuits by law enforcement and juveniles to continue unabated. Both were soundly defeated;

* A ban on "armor piercing" ammunition (Kennedy-D-Mass.) (by a vote of 31-64) that would have banned virtually all hunting ammunition. Similar efforts have been continuously defeated by Congress, and Sen. Kennedy's most recent attempt was nothing more than anti-gun political posturing. (The Senate did adopt an amendment by Sen. Larry Craig (R-Idaho) calling for increased penalties if "armor piercing" handgun ammunition is used in the commission of a crime.), and;

* A "gutting" amendment by Sen. Jack Reed (D-R.I.) that sought to continue to allow the very types of suits S. 397 prohibits (by a vote of 33-63).

This long overdue victory marks the culmination of your tireless efforts--your phone calls, faxes, letters, e-mails, and personal meetings--over the past few days, and over the past many years. As critical as these efforts were, this victory also highlights your importance in volunteering and voting for pro-gun candidates running for office. Without your steadfast work in past election years to elect more pro-gun U.S. Senators, we simply would not have had enough votes to pass this bill in the Senate.

Defeating former Minority Leader Tom Daschle (D-S.D.) in the 2004 elections (Daschle, as you'll recall was the architect who last year allowed the bill to be loaded up with anti-gun amendments), and thus elevating Sen. Harry Reid (D-Nev.), a consistent and longstanding supporter of S. 397, to that leadership position represented a major step toward guaranteeing we finally received a fair procedure to bring this measure up for a final vote, and carried out the will of a majority of the U.S. Senate. And of course, members should express their gratitude to Senate Majority Leader Bill Frist (R-Tenn.), Senator Minority Leader Harry Reid, and bill sponsors Sens. Larry Craig and Max Baucus (D-Mont.) for their leadership and stewardship on S. 397.

While this fight is far from over, the Senate's action today enabled us to overcome a major hurdle in enacting this legislation into law. All of us at NRA-ILA thank you from the bottoms of our hearts for your continued vigilance in seeing this bill through the U.S. Senate. You deserve a lion's share of the credit, and we know you will help us finish the job once and for all by now contacting your U.S. Representative and urging him/her to support "The Protection of Lawful Commerce in Arms Act."

(For a list of roll call votes on these amendments and final passage of S. 397, go to www.NRAILA.org. Take note of how your Senators voted, and please thank those who voted in support of gun owners and let those who voted against our rights know that you will keep their votes in mind when they are up for re-election. BE SURE TO ALSO ATTEND ANY OF YOUR U.S. REPRESENTATIVE'S TOWN HALL MEETINGS DURING THE "SUMMER DISTRICT WORK PERIOD" [Aug. 1-Sept. 5] and encourage him/her to bring up and pass S. 397 as soon as possible.)

August 5, 2005

Sobering Graphic

Click on the red button.

I Think She's An Idiot Too, But...

Mithras at Fables of the Reconstruction has posted what he terms a "Conservative Blog Taxonomy" in which he has an annotated list of ten conservative bloggers. The only women on the list is Michelle Malkin. I think she's an idiot, as would anyone who reads her work, especially with benefit of Eric Muller's critique of her book. Yet this is how Mithras chooses to castigate her:

"2. Michelle Malkin - Far-right affirmative action hire who is so bigoted she'd arrest herself for trying to cross a border. Famously published a book praising internment of Japanese-Americans that was (a) incoherent and (b) probably not written by her. If she didn't have tits, she'd be stuck writing at Townhall.com."

I can hardly believe I'm defending Michelle "Japanese Internment During WWII Was Peachy" Malkin, but for Mithas to label HER a bigot after calling her an "affirmative action hire" whose career is somehow premised on her "tits" is beyond hypocrisy, and really sickening.

This post should have been enough to make me stop reading his blog, but at least I'm forewarned that Mithras "gets trashed" at Drinking Liberally, so I know one Philadelphia area social gathering probably best avoided.

Another Santorum Lie

Ted Barlow (hey, he spells his last name funny) at Crooked Timber writes:

"I noted a few days ago that Senator Rick Santorum made a claim in an online interview about federal taxation. Senator Santorum said that the federal tax rate for the average family has gone up from 2% (in 1950) to 27% today. Furthermore, he claimed that income from a second worker simply replaces the money that the family pays in increased federal taxes. They would enjoy the same net income if taxes went back to 1950 levels and the second worker stayed at home.

"I’m really rather sure that this isn’t true. I’m relying on the Tax Policy Center: They say that federal taxes on a family of four at the median income have gone up from about 7.4% to about 14.4%, and that the family would have saved $4436 if we could roll back tax rates. That doesn’t correspond to the Senator’s story.

"I checked last night, and Santorum repeats this point in his book, It Takes a Family. It’s on page 123 and 124, and there’s no source. (There’s a bibliography of sorts, but it just lists a series of sources used in each section. There’s no way to connect any specific point to any source.) When I called his press office again to ask for a source, they referred me to the publisher, who couldn’t help me. Nonetheless, he’s repeated this claim at least two more times, on Hardball with Chris Matthews and on Fox News.

"Shouldn’t the Senator care whether what he’s saying is right or wrong? Wouldn’t it be nice if a journalist asked him about it?"

Full post with links here.

Frag Dolls

The "Frag Dolls" are a fabricated "girl gaming clan" orchestrated by Ubisoft, which is under contract with the Department of Defense to promote the U.S. Armed forces as a babes-and-bullets fantasy world through selectively deployed video games.

Simply Fired

Tales of instant unemployment.

August 4, 2005

Maybe there's something to this intelligent design

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In light of the President's recent public endorsement of intelligent design in the schools, I'm changing my position. I've thought a lot about it, and I too think that we should expose our children to other theories.

A Time-Out for Mr. Novak

Apparently, Robert Novak can dish it out, but can't take it. And Ed Henry was this close to asking him about the Plame leak. From AP and Yahoo! News this evening -

". . . CNN suspended commentator Robert Novak indefinitely after he swore and walked off the set Thursday during a debate with Democratic operative James Carville.

The exchange during CNN's 'Inside Politics' came during a discussion of Florida's Senate campaign. CNN correspondent Ed Henry noted when it was through that he had been about to ask Novak about his role in the investigation of the leak of a CIA officer's identity. . . .

Carville and Novak were both trying to speak while they were handicapping the GOP candidacy of Katherine Harris. Novak said the opposition of the Republican establishment in Florida might not be fatal for her.

'Let me just finish, James, please,' Novak continued. 'I know you hate to hear me, but you have to.'

Carville, addressing the camera, said: 'He's got to show these right wingers that he's got a backbone, you know. It's why the Wall Street Journal editorial page is watching you. Show 'em that you're tough.'

'Well, I think that's bull---- and I hate that,' Novak replied. 'Just let it go.' . . ."

For the complete article, click here.

For an even bigger treat, watch the exchange here.

A True Hero

Sgt. 1st Class Michael Pratt: His courageous compatriots in the Utah National Guard aren't too shabby either. Author and South Carolinian Pat Conroy has written and talked often about how, after reading The Diary of Anne Frank to him and his siblings when they were quite young, his mother solemnly told them, "I want you children to grow up to be people who will hide Jews." Pratt's parents seem to have done something very, very right.

Who's perky, feisty, smiling, sassy, and rueful now?

Read about Regender at Badgerbag, and then try it here. Below is an excerpt of one Regendered article from CNN:

"Osama bin Laden's No. 2 woman in al Qaeda has threatened more destruction in London, saying that British Prime Minister Tonya Blanche would be to blame.

"In a video broadcast Thursday on Arabic-language TV station Al Jazeera Ayman al-Zawahiri also issued a warning for the United States.

"To the British, I am telling you that Blanche brought you destruction in the middle of London and more will come, Goddess willing," she said.

"She appeared to be referring to the two attacks on London's transit system on July 7 and July 21. The first bombings killed 52 commuters and the four bombers. No one was killed in the second attack, in which the bombs failed to detonate.

"In the videotape released Thursday, Zawahiri also issued several warnings for the United States.

"Referring to the September 11, 2001 attacks that killed nearly 3,000 people, she said: "Our message is clear -- what you saw in New York and Washington and what you are seeing in Afghanistan and Iraq, all these are nothing compared to what you wil see next."

"She also warned the U.S. to "stop stealing our oil and wealth and stop supporting corrupt rulers."

"If you continue your politics against Muslims, you will see, Goddess willing, such horror that you will forget the horrors of Vietnam."

Murals!

Murals by Eric Grohe, via Easy Bake Coven.

August 3, 2005

It's A Boy!

Anyone struggling with fertility issues should read this. Actually all y'all should read it!

First-Time Novelist Constantly Asking Wife What It's Like To Be A Woman

..."It never lets up," Becky said. "Today he asked, 'If a woman were running from a burning building, what would she be thinking about?' And I don't know how to answer that. I'd be thinking about getting away from the building, I think." From The Onion.

NB: The Crimson Petal and the White, by Michel Faber (Harvest Books 2003), is one of the best books by a man about a woman that I have ever read. I'm thinking of requesting an authorial chromosome test...

A Website About Airline Meals

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Here! See also, this.

"Beautiful Girlhood" For Sale!

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From this site:

"The Beautiful Girlhood Collection is our most ambitious project yet. We aspire, by the grace of God, to encourage the rebuilding of a culture of virtuous womanhood. In a world that frowns on femininity, that minimizes motherhood, and that belittles the beauty of being a true woman of God, we dare to believe that the biblical vision for girlhood is a glorious vision. It is, in fact -- a beautiful vision. It is a vision for purity and contentment, for faith and fortitude, for enthusiasm and industry, for heritage and home, and for joy and friendship. It is a vision so bright and so wonderful that it must be boldly proclaimed. We are here to proclaim it. Read the Publisher's Introduction and learn more about Beautiful Girlhood.

"Shopping our online catalog is easy. Browse our categories by clicking above or at left, add products to your shopping cart, and enjoy the convenience of secure online checkout. You will receive an e-mail confirmation of your order, and all in-stock items will be shipped out within 1-2 business days."

Link via Pandagon, where Amanda trenchantly notes that now we know where Jane Roberts is buying her children's clothes.

August 2, 2005

Giblets is Intelligently Designed!

Giblets has news - SCIENCE news! - that will shake you to the very core of your being, that will render you a gibbering lump of stammering flab with the power of revelatory truth!

Last week Giblets was reclining on the grassy banks of an elysian river when he made an alarming scientific discovery: clouds aren't shaped like clouds, they're shaped like stuff. Look! That one looks like a moose, that one's a monkey, and that one is exactly the spitting and glorious image of Giblets rendered in living cloudflesh! "I dunno," says Fafnir. "That cloud looks like a cloud." Amazing, what are the odds! Conventional meteorology is useless in the face of these amazing stuffological anomalies. The only explanation that makes ANY SENSE AT ALL is that these clouds were designed - INTELLIGENTLY designed - by some intelligent cloud-shaper in the sky!

"Giblets you have blown my puny mind!" you say. Yes yes Giblets's revelations shock you to your presidential core, but there's MORE!

The other day Giblets was looking for his glasses but he could not find them anywhere! After hours of searching Giblets was about to give up when he found them on top of his very head. How did they get there? It is an unsolved mystery which science is powerless to solve! The only rational explanation: these glasses were intelligently designed on my head by an intelligent designer with vast and unfathomable powers! "You don't have glasses," says Fafnir. Even more incredible - they are glasses ex nihilo!

Possibly related: an intelligent coin-designer may have secretly hidden seventy-three cents in the cushions of Giblets's couch.

"Giblets you have shattered my reasoned and ordered worldview into a thousand splintering pieces with your hammer of unyielding truth!" says you. Silence you have only heard the tip of the iceberg! What comes next is the most important scientific discovery in the history of history.

Just yesterday Giblets was strolling through the woods and screaming at animals - what are they doing in Giblets's woods! - when Giblets just happened to accidentally step on an eagle. Giblets couldn't throw it out because there were no eagle recycling centers around; Giblets couldn't dump it on the ground because it would leave unsightly eagle stains all over his woods. But just a few feet away was a lake, so Giblets just threw the big ol' bird in there and it sank straight to the bottom, no muss no fuss.

Now, here's the question: how did the lake know Giblets needed to throw out a dead eagle?

The only answer: it was designed. Intelligently designed to be near Giblets when he stepped on an eagle. Giblets stepped on several cats on the way home to further confirm this hypothesis. Giblets has repeated this experiment many times with reproducible results.

What is obviously needed is a massive overhaul of the national education system to make sure children are taught the existence of intelligent designers in school, overseen by Giblets. To think they could go ignorant of the origin of bunny-shaped cirrus formations when the evidence around them is overwhelming! Look at this box and this soup and this inkblot! Look, you just just make out a beard! Everywhere, everywhere!

Pop Science: Can Crush

Dr. Slime's grammar is a little, um, inventive, but his photos (be sure you scroll down for them) are cool and his science sounds plausible.

Even registering as a foreign resident is fun

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Not every city hall has a roller coaster directly behind it. Mine does. Man, I love coming to Japan.

Harry Potter And The Disgruntled Fan

Disgruntled Harry Potter Fan Releases "Corrected" Version of Book, from the Watley Review, via Pen-Elayne:

A disgruntled Harry Potter fan has released a "corrected" version of J.K Rowling's latest installment in the series, The Half-Blood Prince, prompting a storm of curiosity and support from many fans who disliked the direction of the story in the book. It has also, not surprisingly, prompted a storm of legal activity from Rowling's publishers.

"Whenever an author puts a work out into the universe, it is no longer their exclusive property anymore," said Mary Sue Pembroke, who is credited as the author of the modified book. "Harry Potter belongs to all of us, not just Rowling. She took some liberties with the story in this latest book that really weren't faithful to the logic of the narrative. My version is, I think it fair to say, much more faithful to the true Harry Potter mythos."

Rowling's book sold a record 9 million copies in Britain and the United States in the first 24 hours after its release. Despite the book's remarkable popularity, however, many fans were disappointed when the narrative did not follow their favorite predictions, in particular regarding romantic relationships between key characters.

"Rowling seems to think the relationships she's described in Half-Blood Prince were clearly telegraphed in previous books," sniffed Pembroke. "All I can say is, if that's what she thinks, she clearly doesn't understand Harry Potter like I do."

This is not the first time a fan has created a story based on an author's setting; so-called fanfiction is a popular pursuit across the internet. This is, however, the first time a fan story has captured a sizeable portion of the author's audience: over 800,000 fans have downloaded the book, many openly hostile to J.K. Rowling's narrative decisions in the most recent book. ....

Read the article in its entirety here.

(Note to the exceedingly gullible: The front page of the Watley Review also features a story headlined: "UK Brews World's Largest Pot of Tea as Anti-terrorist Measure.")

August 1, 2005

Freeway Flag

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Courtesy of Freeway Blogger's Summer of Truth.

Harry Potter and the Half Blood Prince "Pirates"

The Harry Potter books have been as wildly popular in China as everywhere else, and millions of authorized copies have been sold there. The newest book, Harry Potter and the Half Blood Prince, is being broadly "pirated," not necessarily because people are unwilling to purchase authorized copies, but because authorized copies *in Chinese* will not be available until October 15th. While I absolutely do not endorse wholesale commercial copyright infringement, under the same circumstances, I admit I'd be tempted to pick up a "pirated" version too.

Flagged Mag

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Whe reads this thing, anyway?

Mistreating the Flag

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The flag in the above photo appears to be parade residue. It's been laying in a gutter near the South Carolina Capitol Building since early July.

Senator Lindsey Graham "supports granting Congress power to prohibit the physical desecration of the U.S. flag," and "an amendment to the Constitution of the United States authorizing the Congress to prohibit the physical desecration of the flag of the United States." When he campaigned for his Senate seat he ran attack ads criticizing his opponent, Alex Sanders, for opposing such an amendment. Legislation against flag desecration sometimes seemed like Graham's most important agenda item, leading Sanders to quip: "As much as he talks about it, you'd think people were burning flags on every corner, around the clock!" In an interview Sanders once said this:

"Well, [Graham] calls me a liberal and he has a picture of me carefully edited that makes it appear that I'm warming my hands over a burning flag. I'm not in favor of burning the American flag -- anybody who knows me knows that. I don't know that an American flag's ever been burned in South Carolina. That was fairly good editing that made me appear so evil and despicable. One thing that I object to about the ad is he dug up an old picture of me from the 1960s with sideburns. And then, the other thing is he questioned my judgment and he spelled judgment wrong. He spelled it with an 'e.' That's the way they spell judgment in England. Maybe that 'e' was - you remember Dan Quayle spelled potato with an e?"

Sanders would have made a great Senator. In his honor, I'm compiling a dossier of flag desecration in South Carolina: faded flags, flags with holes, peeling flag bumperstickers, flags stuck into cupcakes, used in commercial advertising, and on clothing, housewares and even beach towels laying in the sand. The minute flag desecration becomes illegal, it will be time to start dropping a dime on flag crime.