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August 31, 2007

Scumbaggery

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According to this source:

Late last year, the Upper Darby police department -- and its ubiquitous media whore police superintendent, Michael Chitwood -- began selling t-shirts that read "Not in my town SCUMBAG!"

KYW 1060 now reports these shirts are "very popular," perhaps due to their liberal use of needless quotes. They're so popular a bunch of soldiers in Iraq are now getting them free, thanks to the Chitwood and Upper Darby police department. A woman from Upper Darby sported the shirt over in the sandbox, and apparently everyone was all into the shirts. (Will they get the "SCUMBAG" bumper stickers too?)

“I think that when you look at the analogy between Iraq and here in Upper Darby, you’re dealing with scumbags, you know. In Upper Darby it’s drug dealers, rapists, robbers but in Iraq, you’ve got terrorists who are killing American troops or killing civilians.”

Hey, this is a pretty good analogy, since the War on Drugs is going about as well as the War in Iraq.

I dislike the expression "media whore" but that's actually one of the least objectionable aspects of all this, I fear.

August 30, 2007

Gonzales' Resignation Letter

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Harry Potter and the Mid-Life Crisis

August 29, 2007

Larry Lessig on "Lucasfilm's Phantom Menace"

This Op-Ed got published in the WaPo back in July, but I've been busy! Below is an excerpt:

In May, Lucasfilm announced plans to enable fans of the "Star Wars" series to "remix" "Star Wars" video clips with their own creative work. Using an innovative Internet platform called Eyespot, these (re)creators can select video clips or other content and then add images or upload new content, whether images, video or music.

Eyespot is one of many new technologies inviting "users" to do more than use the creativity they are consuming. Likewise, Lucasfilm is one of many companies recognizing that the more "users" use their creativity, the thicker the bonds are between consumers and the work consumed. (Put differently, the more money Lucasfilm can make.) Turning consumers into creators is the latest fad among companies scrambling for new profits in the digital age. How better to revive a 30-year-old series than by enlisting armies of kids to make the content interesting again? These traditionally protective commercial entities are creating "hybrids" -- leveraging free labor to make their commercial properties more valuable.

Among companies enabling this remix creativity, Eyespot is one of the more enlightened. Remixers using Eyespot's technology typically own what they produce. Eyespot allows them to share their work on or off its platform. No one's getting paid (yet) for the creativity that Eyespot enables. (Other companies, such as Revver, are experimenting with ways to get creators paid.) And Eyespot at least explicitly grants to creators the right to their own creativity.

A dark force, however, has influenced Lucasfilm's adoption of Eyespot's technology. A careful reading of Lucasfilm's terms of use show that in exchange for the right to remix Lucasfilm's creativity, the remixer has to give up all rights to what he produces. In particular, the remixer grants to Lucasfilm the "exclusive right" to the remix -- including any commercial rights -- for free. To any content the remixer uploads to the site, he grants to Lucasfilm a perpetual non-exclusive right, again including commercial rights and again for free. ...

August 28, 2007

No Direction, Period

The Crosswalk Prank

August 27, 2007

Really Crowded Wave Pool

Death Star Library

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From this site:

This building was not so long ago erected in Minsk by a personal order of Belarus president Mr. Lukashenko. Locals joke: “Lukashenko had just learned to read and decided to build a library dedicated to this new ability he acquired.”

He wanted to build an impressive building and therefore made everyone in the country pay for it. Students had to bring money to school for several months. Teachers are still having a part of their salary taken out to pay for this building. Well at least that locals say.

Foreign printed guide books also sometimes are not so serious about this structure: “Some say it looks like a diamond. We say it looks like the Death Star. In either case there’s no denying that the collosal, new home for the National Library now being constructed on the city outskirts is an example of the Soviet ‘bigger-is-better’ school of architecture. Worse yet, this pet project of Lukashenko’s is partly paid for by money donated ‘voluntarily’ (meaning not voluntarily) by students and school children. When completed, it’ll be big enough to house a whopping 15 million books. The National Library only has 8 million in its collection, so there should be plenty of space leftover for restaurants, gyms, and for the president to roam the hallways in a black cloak, breathing Vader-like while dramatic music plays in the background.”

More photos here as well, including some that show what it looks like at night.

Laugh At Some Lawyers!

August 26, 2007

Virtual Capitalism

Check out the copyright connection near the bottom of this story . . .

Antiguan officials have enlisted the help of the World Trade Organization to defend their national sovereignty and their right to host Internet gambling that is prohibited by the U.S. According to "Gambling Dispute with Tiny Country Puts U.S. in a Bind" in The New York Times, the principle of allowing a free-flow of capital and commodities across national borders could also "prickly issues as China's attempts to block online content it finds offensive."

U.S. policy-makers made an interesting argument in their bid to avoid sanctions from the WTO for outlawing online betting: "Washington responded to Antigua's complaint by claiming it was within its rights to seek to block online gambling on moral grounds, just as any Muslim country would be within its rights under international trade agreements to ban the import of alcoholic beverages." This argument did not fly with the WTO, but the huge regulatory body is now struggling with the consequences of a decision that jeopardizes its relationship with a huge economic powerhouse by scolding the U.S. for what would appear to be moral rectitude.

What is particularly interesting is the bargaining chip that Antigua wants in its David and Goliath struggle:

Antigua presents a particularly thorny challenge. To balance the scales, a country that wins a W.T.O. case typically demands trade penalties equal to its losses as compensation. But Antigua is so small that any ordinary trade sanctions would barely register in the United States.

. . .

To get around that limitation, Antigua is seeking the right under international law to violate American intellectual property laws. Only once has the trade organization done so, with Ecuador, though Ecuador never actually took advantage of that power. It was used instead as a cudgel to force Ecuador's opponents to back down.

In contrast, the operators of the online virtual world Second Life have done little to contest a recent ban on virtual casinos. The question might be, with the rise of speculation in online environments and "virtual capitalism" (although some like Lev Manovich have pointed out that capitalism is always virtual), where will the ethical lines be drawn? If goods and services aren't at the heart of an economic system, what would give gambling outsider status?

(Thanks to Steve Franklin for passing on this story.)

August 24, 2007

I stand with the vegetarian buffalo!

The narrator mentions about 5,000 times that he has "never seen anything like this":

Store Front Physical

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About fifteen years ago, an out of town visitor arrived at my house feeling very poorly. Maybe she had the flu, or possibly she was experiencing food poisoning. In any event, I tried in vain to find a doctor who would see her, but all of the scheduling people I talked to insisted that taking her to the emergency room was the only viable option. So off to an emergency room we went, but after six hours of sitting on hard plastic chairs and running back and forth to a public restroom, while people with gun shot wounds or cardiac arrest understandably took precedence, she asked to return to my house, and she survived a couple more miserable days laying on my couch, and eventually, without medical treatment, felt well enough to travel home.

Now right in my neighborhood there are walk-in "store front" medical practices that offer real alternatives to emergency rooms. The wait to be seen by a physician may be lengthy, but at least it is predictable, because serious injuries are still directed to emergency rooms. I had my first experience with one yesterday. I took a teenager of my acquaintance for a sports physical, a requirement by his school for anyone who participates in an athletic program.

He has a regular pediatrician, but annual physicals with that doctor must be scheduled long in advance, the waitingroom waits are lengthy even with an appointment, and the cost, which insurance doesn't cover, approaches $200. Yesterday's walk-in physical cost only $25, and gave every appearance of being just as thorough. It's an option I am likely to try again if the appropriate situation presents itself: Someone needs a physical, or is too sick to wait weeks until a doctor's appointment is available, but not ill enough for the emergency room.

August 23, 2007

Camp Songs

Check out this video from Camp Okutta, which also has an interesting Flash site, and then read the explanation here in answer to the question "Where is Camp Okutta?".

(Via Total Tactics.)

Great column by Jay Rosen on blogging and journalism

The journalism that bloggers actually do:

A New York University professor critiques Michael Skube's recent Times Op-Ed questioning the journalistic value of blogs.
By Jay Rosen

August 22, 2007

Blowback! That's what you're in for when a great American newspaper runs a Sunday opinion piece as irretrievably lame as "Blogs: All the noise that fits" by Michael Skube (Aug. 19). Skube is a former Pulitzer Prize-winning author who teaches journalism at Elon University in North Carolina. (Bio.)

In 2005, he wrote a similar column for the News & Record in Greensboro, N.C. There he made fun of the "evangelical fervor that attends blogging," and suggested that bloggers were people who didn't have normal lives, or children. "I don't know many people who have time to read blogs," he wrote. "None of my neighbors do."

There was a darker theme. "I find myself doing something in my journalism class that gives me considerable unease." What was it? " ... discussing that often truculent tribe that calls itself bloggers." That students wanted to talk about blogs as journalism filled him with craft-dread.

Notice that not having time to read them didn't prevent Skube from writing about blogs, which could be considered odd behavior for a college professor. (We're supposed to read a lot, then write.) I can't link to his '05 piece because, according to Diane Lamb, a librarian there, "Skube does not permit his columns to be available in the online public archives of the News & Record."

Ed Cone, a local journalist who also keeps a blog, called him up back then to ask Skube where he got his understanding of blogs, because his column hadn't mentioned any. Skube said he had "scanned a bunch of blogs," but could think of only one scanee, Andrew Sullivan. "Given his statement that blogs don't do real journalism, I asked him what he thought about Josh Marshall's Talking Points Memo," Cone wrote. "He remembered Marshall as a magazine writer, but was unfamiliar with his blog, or its new investigative-reporting plan."

Greensboro at the time was getting national attention for its local blogging culture. Skube knew zip.

Story jumps to last Sunday. Josh Marshall reads his name in Skube's column. Strange, because Marshall's blog isn't representative of the charges, which are depressingly familiar. "The blogosphere is a potpourri of opinion and little more," Skube wrote. But there's a lot more than bubbling opinion at Marshall's bustling site, which includes TPM Muckraker, where two full-time investigative reporters work. Had the author ever seen it?

In an email exchange, the author tells Marshall, "I didn't put your name into the piece and haven't spent any time on your site." Huh? Turns out an editor stuck Marshall's name in there because the column didn't have enough examples in it. Skube agreed to the script change, but this meant he had no idea what his character was saying.

Dan Gillmor, a former newspaper man, calls it "journalistic malpractice." And it is that. Also pedagogical buffoonery. In Skube's columns, there's a teacher who doesn't believe in doing his homework - any homework.

So I did it for him. I asked friends in the blogosphere to help me put together a list of examples that would confound Skube if he knew of them, but possibly interest his students. Blog sites doing exactly what he says blog sites don't do: "the patient sifting of fact, the acknowledgment that assertion is not evidence ... the depiction of real life."

To which we say:

August, 2004. Chris Allbritton goes to Najaf. Reporting for his reader-supported blog Back-to-Iraq.com during the major fighting around the Imam Ali Shrine, Allbritton manages to get inside to interview members of the Mahdi army and report what's happening. He's then arrested by the Najaf police under live fire but lives to write about it.

June, 2007. Pet-food scandal ignites blogosphere. Pet owners frustrated with the limitations of the news media self-organize into a national network of sites and share news about tainted foods that may have killed thousands of pets across the country.

March, 2007. Firedoglake at the Libby Trial. Popular lefty political blog provides the only blow-by-blow coverage of the trial by splitting the work among six contributors who bring big knowledge to bear for a committed-to-the-case readership. Reporters come to rely on the blog for its updates and its accuracy in live-blogging and analysis.

2003 to present. Groklaw becomes the go-to source for coverage of SCO vs. IBM. Law blog -- one obsessive blogger, plus readers -- takes on saturation coverage of key lawsuit involving open-source software, becomes an authoritative source of knowledge for the case's participants, who have never seen anything like it.

September 2004. Joseph Newcomer provides comprehensive examination of disputed Killian memos in CBS report. A computer typesetting expert, he uses his knowledge to cast serious doubt on the authenticity of documents "60 Minutes" relied on in its story on President Bush's Air National Guard service.

February, 2006. NASA political appointee resigns. Graduate student and science blogger Nick Anthis finds out that 24-year-old George Deutsch, a political appointee accused of trying to silence NASA climate scientists, lied on his resume about having a college degree. Deutsch resigns.

2007 to present. Blogger Michael Yon reports from Iraq. Supported primarily by donations from readers, independent journalist Michael Yon -- a former Green Beret -- is spending 2007 embedded with soldiers whose courage and sacrifice he admires, and whose stories he tells, mostly recently from Anbar province.

December 2006-April 2007. Talking Points Memo drives the U.S. Attorneys firings into the national spotlight. Mixing old-fashioned legwork with perseverance and lots of help from readers over several months, Josh Marshall and his TPM Media empire accumulate evidence "from around the country on who the axed prosecutors were, and why politics might be behind the firings."

December 2006. DallasFood.org investigates Noka Chocolate. Gourmet food blog provides the only in-depth investigation into "world's most expensive" chocolatier's deceptive marketing practices.

August, 2005. Unbossed.com does a series on toll roads as a business with a track record. Among the findings: "Local governments in Colorado have agreed to deliberately impede traffic on existing highways near a toll road in order to protect the toll roads' investors."

June, 2007. EdCone.com scoops News & Record on its own layoffs. As the paper clams up, its staffers, ex-staffers and readers use blog comments and e-mail to create the only detailed public account of layoffs at the daily newspaper in Skube's backyard.

February 2006. EPluribusMedia investigates the politics of Post-Traumatic Stress Syndrome. In a three-part series pulling together a lot of scattered information, the citizen journalism site details the impact of politics on the funding, diagnosis and treatment of Iraq war veterans suffering from PTSD.

2005 to present. Citizens construct Katrina timeline. Members of the ePluribus Media community create a detailed timeline of key events before, during and after the Aug. 29, 2005, hurricane made landfall at New Orleans, with over 500 events, fact-checked and sourced. It continues to be updated as the story stretches onward.

August, 2006. Porkbusters, the Sunlight Foundation and TPM Muckraker expose congressional earmarks and the senator who placed a secret hold on a bill to put information about federal fund recipients online.

No one owns the practice of reporting or assigns the right to do it. It's a democratic thing to tell others what's going on and "show your work." Some people will not be deterred from doing that. Most of them don't care what you call them. They do care if their story stands up.

Jay Rosen is an associate professor of journalism at New York University and runs the PressThink blog.

Right on, Jay!

Wishful Thinking

(It had YouTube, copyright, and politics in it, so I couldn't help but post another James Kotecki video here.)

August 22, 2007

Reasons To Hate Wal-Mart

Part One here. (Hey Ellie, good doggie, don't eat the chicken jerky! Hope you are liking Virginia!)

Part Two:
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"Comcast Caught Astroturfing About "Big Ten" Channel"

From The Consumerist:
When will companies learn that astroturfing is lame? Never!

Comcast's PR agency has been caught posing as fans on messageboards in an effort to spread their propaganda about the "Big Ten" channel. For those of you who don't care about college football (this includes us) the Big Ten channel is a channel about Big Ten football. It's causing some controversy because it's taking games off of regular non-pay TV and putting them on a special cable channel. People who don't care about Big Ten football don't want to pay extra for Comcast to carry this channel and people who do care about Big Ten football don't want to pay extra for it either. So it's a channel no one wants to pay for, as far as we can tell. ...

What Do You Suppose It Tasted Like Before?

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Apologies if you are reading this while, or shortly after eating.

"13 of the worst fake accents in film"

Here. I was pleased to see that Dick Van Dyke very deservedly made the list for his performance in Mary Poppins.

August 21, 2007

Tuesday's Altercation column

We were always looking for true north; with our heads in the clouds, just a little off course ...

This is Siva Vaidhyanathan reporting in again from lovely Charlottesville, Virginia.

Who would have thought that between the Vick brothers, Michael would be in bigger legal trouble than Marcus by now? Michael was the one who was supposed to have discipline and character. Hmmmm. (And yes, if either Vick had played for Oklahoma or Texas A&M I would have taken a jab at that program, but out of respect for my new Hokie neighbors I will refrain).

The flood of sports scandals this summer should not shake anyone's faith in the games in question. All we have learned (or re-learned) is that greed, vanity, and arrogance still apply to the humans who play and govern our sporting institutions. The NBA referee gambling scandal certainly speaks to nothing beyond the weaknesses of one man. Maybe the NBA was not vigilant enough when it got word of his habits and connections. But hey, the FBI has been no better at policing its own. The Michael Vick case shows only that too many Americans like to kill dogs and one of them happens to be rich, famous, and successful. And let's be frank about Barry Bonds: Juiced or not, he has amazing eyes and a stunning set of skills that have allowed him to do one of the hardest things we pay people to do: hit a small white ball with a stick of ash. Bonds is one of the five or six greatest hitters to ever play the game, and I consider myself lucky to have seen him hit three homers in my presence.

We always tend to lurch for some greater sociological explanation for the anomalies that capture our imagination. Reporters and editors habitually make the mistake of clenching on to the unusual or extraordinary, riding the story until it collapses, and then sending someone out to chat with "experts" to make some larger sense of the event. They forget that the very factor that justified their initial attention -- that some event almost never happens -- undermines any attempt to blow it up into a sociological trend or phenomenon.

School shootings are the best example I can think of. They almost never happen. American schools have never been safer. In fact, there has never been a safer or less violent time to be a child in America. Instead of asking what we have done right as a culture and maximizing the good stuff, we use the extremely rare event to guide our deliberations and policies. So we spend many dollars, hours, and column inches wringing our hands about irrelevant things like video-game violence. And we seriously entertain stupid proposals like arming university students so they might deploy some sort of action-movie slow-motion heroism to try to neutralize a once-in-a-century unpredictable threat.

What we should be doing is paying attention to the common and omnipresent threats to our health and welfare. You know what really hurts young people in America? Drugs, alcohol, vehicles, and relatives. Oh, and poverty. The poorer a child is, the more likely that drugs, alcohol, vehicles, and relatives can do serious damage to them. If poverty kills or maims millions of American children and video games kill and maim exactly zero, why do we see more stories about video games than poverty? If children tend to get hurt at home and almost never get hurt at school, why are we so obsessed with school violence and pay so little attention to home and family violence?

I don't have an answer to this dilemma. I understand the lure of the spectacular. And I get it that editors and reporters need to follow the spectacular with a flood of analysis stories and "what does this say about ..." stories. I used to write these stories for a living, and now my phone rings every time some big event calls for "experts" to comment. I just wish we could balance it all and we had some mechanism or incentive to keep things in perspective.

Speaking of perspective, I am pretty pleased about the extent of post-Katrina coverage we have seen in our nation's networks, newspapers, and magazines. But I wonder why we never hear any of the major presidential candidates put the Gulf Coast front-and-center in their stock speeches or in their instant debate answers? Even John Edwards has let the criminal treatment of Southern poor people get mixed in with the larger (but less acute) problems of economic stratification.

Do I contradict myself? Was not Katrina a once-per-century event? Yes, in a way. The problem is not just that the levees of Louisiana are once again unable to hold back a storm surge. That is a big problem. The more significant problem along the Gulf Coast is that too many people remain effectively exiled from their homes, that New Orleans remains stunted and depopulated, and that the event itself revealed to too many Americans who were too busy that this country does not take care of its less fortunate until it's too late. Katrina revealed and amplified the misery and hopelessness that imprisons millions of Americans.

So the question for us is not, as New York Times reporter John Schwartz so effectively outlined in his continuing series, just a question of New Orleans' continued vulnerability. That's essential, but incomplete.

The real questions in Katrina's wake are about our nation's obligations and general domestic security. Katrina demonstrated that we are not the nation we pretend to be. It also showed us how craven, shallow, and incompetent conservative ideologues must be in order to fulfill their dreams of undermining governance. And it showed how charitable and effective Americans can be when called to give, work, and sacrifice for the greater good.

After Katrina, the Democratic Party should have declared that its 2008 convention would be in New Orleans. It should have done with New Orleans and Katrina what the Republicans did with New York and 9-11 (or, perhaps more to the point, the way Republicans used their 1980 convention in Detroit to highlight the industrial erosion of the Carter years -- only to cause further erosion and move to Dallas in 1984 to declare that the country was doing SO much better). Democrats should have forced Americans to look south once again and witness the problems. It should have demanded action and pursued solutions. It should have called for a coordinated national effort to rebuild the coast, repopulate New Orleans, and invest in the region. Done right, the Deep South could have started electing Democrats again. But more important, all Americans would have seen the need for good, wise, and high-minded governance. Win or lose in the short term, we must never forget.

Every August and September for the next few decades, we will undergo eight to 10 weeks of reflection. From the anniversary of Katrina through September 11, we will engage in constant analysis of whether we are safe and good. Let's push our media institutions, pundits, and politicians to make these reflections more effective and honest.

Eric chimes in from Italy:

Dear Siva:

I see here that the Yankees, despite their $169 million payroll and despite their recent spate of games played way over their head are five games behind the Sox in second place in their division and also in second place for the AL wild card. I also see that the Mets, despite having sustained more injuries to more key players than most teams ever have, and a much lower payroll than the Yankees, and while not playing their best ball even given all that, are not only five games in first place, but also, God forbid, ahead of any other teams that might qualify for the wild card.

OK, back to the chianti. Hope all is going well for you.

Siva responds: Two things: First, it's a lot easier to be in first place in the NL East than in the AL East. Second, the only day it matters to be in first place is the last day of the season. I would think a Mets fan would understand that all too well.

"It seems like your standard pre-movie trailer ordering you to hit up the concession stand. It is not."

Watch the so-called "Coolest movie opening ever" here. When the green creature gets to the part about what will happen if you surreptitiously videotape the movie, you might wonder if the MPAA is somehow behind it. NSFW and in extremely poor taste, but still sorta funny.

It Took Me An Embarassing Amount Of Time To Realize That This Was Satire

But it did make me laugh!

August 20, 2007

Compare and Contrast: Two Recent Articles Published In My Hometown Newspaper

First entrant: "Whites now in the minority in Richland, Sumter counties." Columbia, SC is located in Richland County.

Second entrant: "The art of fine dining: It’s an experience, not just a meal, at new upscale restaurant." This article notes in pertinent part:

"It doesn’t hurt that Ruth’s Chris employees are rewarded well for good work and commitment. Servers typically work three- and four-table stations, four to five days a week, earning an hourly wage plus 18 percent to 20 percent of their sales per shift. For a full-time, experienced waiter, that can translate to an annual salary of $45,000 and up.

"Employees in the Oswald franchise also are rewarded generously with gifts such as signature watches, flat-screen televisions and occasional cash rewards presented every other year at parties in honor of employees’ dedication and length of service, said John Williams, the Oswalds’ director of new store openings."

To tie them together, we need to look at a photo that accompanied the second article:

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Do those folks make it look like "whites now in the minority" to you?

Back on Altercation today

... and I saw my devil. And I saw my deep blue sea ...

Hi. Siva Vaidhyanathan here. It's been a while since I served as guest host of Altercation. I have been pretty busy and the various other hosts have been doing so well I figured I could not break into the lineup. But hey, even Melky Cabrera can earn a starting gig on a team of All Stars once he gets his break.

Mostly, I have been monumentally busy. My daughter is 20 months old, and every minute spent blogging is a minute I am not reading or singing to her. So I had to cut down on most of the writing that does not pay the bills. Speaking of writing that does pay the bills, I am working on three books right now. I know, it sounds Altermanesque. I am doing a little book that will serve as a general introduction to intellectual property. I am co-editing a big reference book on intellectual property. And I am writing a major (I hope) book about Google and all the ways it's shaking up our cultures, markets, politics, and lives.

Toward that end, I am doing much of the Google writing out in the open thanks to the Institute for the Future of the Book, which is hosting both my regular blog, Sivacracy.net, and my new "open book" blog, which will be up soon. If any of y'all have thoughts on the future of text, books, education, etc. and Google's influence on any of them, please do not hesitate to drop me a line or leave a comment on my blog.

I just moved from Greenwich Village, USA, to Charlottesville, VA. I love this place. I can't say I ever thought I would leave New York City. But it became clear over the past two years that the city is increasingly designed for millionaires and tourists. I will never be a millionaire. So I might as well be a tourist.

Life in the Village became pretty annoying in the last few years I spent there. Folks, do everyone a favor. When you visit Manhattan, walk. Or take the subway. Or take an MTA bus. DO NOT take those horrifying double-decker tourist buses. The guides make stuff up. The buses block traffic and run red lights. They are noisy and smelly and drive down Bleecker Street so frequently that they choke all the life out of the Village like algae in a golf-course pond.

Anyway, I am now happily employed by one of the finest public universities in the land, the University of Virginia. Later this week (I am writing Altercation every day this week except Wednesday, when Col. Bateman does his thing), I will discuss the greatest higher education fraud perpetrated on the American people: the U.S. News & World Report rankings. But until then, just take my word for it. Virginia is for scholars, and I could not be more happy to be here.

One of the reasons I moved to the University of Virginia was to embark on building what promises to be the premier media studies department in the country within 10 years. To do that, we shall capitalize on our connections and proximity to our nation's capitol. In a few years, if anyone asks you where a student should go to study the relationship between media and policy, tell her about UVa.

That relationship among media actors, policy makers, technological change, and scholarly analysis is pretty interesting and getting more so. The best yearly conversation on those matters is coming up in a few weeks in Washington. It's called The Future of Music Policy Summit. And it's a must-go for anyone interested in music.

There are several ways to look at the involvement of scholars in policy. Scholarship tends to be more relevant and resonant when it engages with matters of public importance. And it's safe to say that policy debates could be richer and more civically engaged if scholars without a conflict of interest played a more significant role in them. (For an excellent example of civically engaged scholarship that SHOULD influence policy but rarely does, see this article by law professor Susan Crawford advocating a better way for the FCC to dole out radio spectrum).

But there is also the danger of scholars and intellectuals who are far too sure of themselves putting their theoretical notions to work in the world. Witness the stunning failures of two professors who just should have remained professors: Paul Wolfowitz and Condoleezza Rice. Or perhaps the worst of all intellectuals gone political: Woodrow Wilson. Of course, there are plenty of examples of folks who have moved from the academy to the government and left distinguished records both places. Donna Shalala and Ken Galbraith come to mind. Maybe Ben Bernanke will distinguish himself in government the way he has in the academy. But it remains to be seen. These past few weeks have not shown him at his best.

Several excellent books have examined this phenomenon -- what intellectual historian Mark Lilla has called "the lure of Syracuse." One book that is too often overlooked is Tevi Troy's Intellectuals and the American Presidency. Of course Lilla's The Reckless Mind, a collection of essays on the perils of intellectuals who flew too close to the hot suns of political power, is a must-read.

I am a big fan of Lilla's work over the years. That's why I am a bit worried about his forthcoming book, The Stillborn God: Religion, Politics, and the Modern West. I have only read the excerpt that ran in The New York Times Magazine on Sunday. But I see already that the book builds on one of the gravest misunderstandings about global cultural history.

Lilla believes that there is something called "the West." Worse, he thinks that within this alleged "West" there is a "We" that conforms to the core tenets of textbook history: "We" were once burdened by superstitions and irrationalities until somehow "we" became enlightened.

Now, I think the enlightenment is a great thing. And I keep waiting for it to show up and triumph here in the United States. I just don't see how one can claim that what Iranian President Mahmoud Ahmadinejad derides as "liberalism and Western-style democracy" has dominated anywhere for any significant period of time. Heck, this country had a functional democracy (with almost all adult citizens enfranchised and the state generally reflecting the will of the electorate) for a very brief period of time: either from 1965 through 2000 (Voting Rights Act through Bush's unelected takeover) or 1971 through 2000 (starting with the adoption of the 26th Amendment).

Any construction of an intelligible and enlightened "West" must elide all of those messy contradictions within it: Nazism, Francoism (Catholic royalism), Stalinism, radical Serbian nationalism, Jerry Falwell, etc. But mostly, it must ignore the diversity of thought and practice among real people who inhabit "the West." And it must ignore the omnipresence of materialism, secularism, consumerism, rationalism, and even atheism as major traditions in places that could not easily be described as "Western" such as India, Iran, and China.

Basically, East is West. Yet England ain't Ireland ain't Scotland ain't Finland ain't Haiti. There is too much diversity among neighbors for there to be binarity among hemispheres. We willfully misunderstand the world by bifurcating it, as if the entire population of humanity were the subject of some hastily written David Brooks column.

The biggest problem with Lilla's argument is that he assumes that what he calls "political theology" somehow ceased to be a political force in "the West" some time after World War II.

I, for one, am not "puzzled" by cries of theological radicalism from Iran or Saudi Arabia. I have heard them in this country for years. Spend some time in any conservative Baptist church in Texas and you will here the code words, if not the outright proclamations, of political theology. This is not just theologically infused politics like one hears from Barack Obama or Jimmy Carter. This is hard-core millenarianism. And like it or not, it is perhaps the most powerful strain of political thought in the United States today. Catholic versions of it play a role in "Western" places like Spain, Portugal, Brazil, and Mexico. As recently as the multiple campaigns of William Jennings Bryan, political theology dominated the rhetoric of the Democratic Party. And, of course, it is the chosen lens through which George W. Bush views the world. That's why Ahmadinejad reached out to him with a letter. He knew that Bush would "get it."

I don't mean to undermine the claims of political liberalism and liberal theology, both of which have had profound effects from Vienna to Vancouver. But I cringe at claims that immersion in such ideologies somehow blinded us to the limits and weaknesses of their historical influences.

Now, to be fair, Lilla acknowledges the revival of political theology in the West. But he links it most strongly to the growing presence of Islam in Europe.

Look, Islam is not some strange and different thing. To those of us raised outside the three major monotheistic religions of the world, all three pretty much demand the same things from their adherents and predict the same things for pagans, kafir, or whatever you want to call us.

The best way to examine the influence of political theology is to acknowledge its common power within radical Islam, radical Christianity, and radical Judaism. It's there. It killed 3,000 New Yorkers in 2001. But it also blew up a bunch of abortion clinics in the 1990s and assassinated Yitzak Rabin. (Update: There was an attempted bombing in April of an abortion clinic in Austin, Texas. So it's not just the 1990s.)

Enlightenment, or the ability to raise one's political consciousness beyond the provincialism of whatever religious text drives your decisions, is a recent and fragile thing, as Lilla explains very well in his article. But it ain't just a French, German, English, and American thing. A fuller examination of this global struggle would acknowledge that Iran is just as thrown by the recent (1979) emergence of political theology as we are. Persian culture has deep traditions of tolerance and rationalism -- what we would recognize as liberalism. And India was once ruled by enlightened despots like Ashoka and Akbar. India practically invented religious tolerance (although you would not know that to look at it today).

The conflict between political theology and political liberalism is, as Lilla claims, the central conflict of our time. I would add that it is the central conflict of all time. And it ain't just Americans and Europeans who have to deal with it. The front lines of this struggle run through Jakarta, Bombay, Karachi, Cairo, and Lagos. That's where the real story is.

More on Right-Wing Terrorism

Rick Perlstein has a valuable account of it.

This is scary, folks. The radical right gave up on democratic politics in 2000 when it stole the presidency. What happens when it gets kicked out of power everywhere but the Supreme Court?

To quote Dennis Hopper, "bad things, man."

Q: When is terrorism not considered terrorism?

A: When it's by the American right wing and directed against women.

As Zuzu writes on Feministe:

Why is it that the media and the government never calls the "pro-life"€ groups who plant bombs at women'€™s clinics what they are: terrorists?

From the AP article, entitled "Explosive found at Austin women's clinic"€:

AUSTIN --€” A package left at a women'€™s clinic that performs abortions contained an explosive device capable of inflicting serious injury or death, investigators said today.

€œIt was in fact an explosive device,€ said David Carter, assistant chief of the Austin Police Department. it was configured in such a way to cause serious bodily injury or death.€

The package was found Wednesday in a parking lot outside the Austin Women's Health Center, south of downtown Austin.

Nearby Interstate 35 was briefly closed, and a nearby apartment complex was evacuated while a bomb squad detonated the device.

Actually, I shouldn'€™t say €œ"from" the AP article. Because that was the whole thing.

Had that bomb been found outside a post office or a school, the headlines would have been hysterically running on about ZOMG TERRORISM TERRORISM IS AL QAEDA INVOLVED? And the right-wing warbloggers would be pissing their pants and hyperventilating about profiling Arabs and banning Muslims from public life and dhimmitude and how if they had been there, theyd have stopped it with their concealed carry and their extra-super special powers of righteousness, just like they saw in a movie once and BOMB IRAN! and 9/11 CHANGED EVERYTHING!!! but they still have better things to do than join the military, but they’ll be happy to go into the woods and hunt Russians and shout WOLVERINES!!

But it's an abortion clinic, so. Ho-hum.

For some reason, terrorism doesn'€™t count if it’s directed against women and their health care providers. It's just not news, and the fact that it goes unremarked in the national media — and hell, even in the local media, as in the case of the Austin bomb -- contributes to the idea that women are not important and that violence directed at women is not only to be expected, but to be dismissed.

Photo of Pavlof Volcano in Alaska

pavlof%20volcanoe.jpeg

Also makes a great illustration for faculty meetings! Story here.

Jamming Pearl Jam

AT&T officially apologized for editing out lyrics critical of President Bush from a Lollapalooza webcast. On its blog, Pearl Jam posted YouTube videos with "before" and "after" versions of the transmission and encouraged fans to gather collective intelligence about other examples of censored rock webcasts with political content on the Pearl Jam Message Pit. The band also warned about the dangers of media consolidation and published links to the web pages of groups advocating network neutrality. Lawrence Lessig weighs in on the case here, and Wired reveals that the telecommunications giant also cut material critical of the government's handling of Hurricane Katrina from a Flaming Lips webcast.

Fly by Night

Of course, like everyone here, I can't get enough search engine + copyright stories, and there was a big one this week, as Reuters reported that "American Airline Sues Google Over Ads." The specifics of American Airlines Inc v. Google Inc have received some analysis on The Technology & Marketing Law Blog. American Airlines is claiming that Google is violating trademark law by selling ads to competitors who enter "American Airlines" or otherwise search for aa.com. Google has won similar cases before, facing companies like Geico, and among the major airlines, American has done well by the Internet, despite its generic name that miight not be seen by all searchers as a trademarked brand. They captured some valuable real estate with a rare two-letter URL, and I often see them appear on my travel searches.

August 19, 2007

Important Paper by Susan Crawford

SSRN-The Radio and the Internet by Susan Crawford

The Radio and the Internet

SUSAN P. CRAWFORD
Cardozo Law School August 14, 2007

Cardozo Legal Studies Research Paper Series

Abstract:
The airwaves offer the potential for contributing to enormous economic growth if they are used more efficiently for facilitating high-speed internet access, but recent industry and government actions have failed to follow this path. This Article evaluates the multi-billion-dollar 700 MHz auction regime established by the Federal Communications Commission in August 2007 as a case study in our national approach to this valuable resource, and argues that the public interest would best be served by having ubiquitous access to the internet be the top priority of communications policy. The Article criticizes the nearly exclusive focus of the FCC on the interests of incumbents and law enforcement, and suggests that spectrum policy be focused on enabling unlicensed uses of the airwaves that can assist the nation with online access.

How Many Of the Fifty States Can You Name In Ten Minutes?

Test yourself here.

August 18, 2007

Facebook Journalism

I'd like to take a moment to complain about a phenomenon that I'll call "Facebook Journalism" (or "MySpace Journalism") in which newspapers cobble together accounts, particularly involving crime stories, from data contained on the parties' profiles on social networking sites.

My own Los Angeles Times, to which I have a strong sentimental attachment as a local, has become increasingly reliant on this practice, perhaps as a response to cost-cutting measures or perhaps as a salacious tactic to seem to be sharing hidden knowledge with nonmembers from exclusive communities involved with new digital practices. Many of these articles are the journalistic equivalent of the papers I see from unmotivated students that are mostly made up of Wikipedia entries.

The murder of the family of UCI student Shayona Dhanak has featured some particularly egregious examples, which has only worsened the already poor dissemination of information about the case, as I've reported here on Virtualpolitik before. Today's story, "Third man charged in father-daughter slayings in O.C.," may represent a new low for the Times.

According to Murphy's Facebook.com page, he was born in Northridge and graduated from Chatsworth High School in 2003. He played basketball from ninth to 11th grade, took honors English and biology and had a 2.4 GPA, the school said.

He was studying communications at Concordia University in Irvine, a Lutheran college, his Facebook page said. It was unclear whether he was currently enrolled; school officials did not return calls seeking comment.

The lives of college students are remarkably complex, particularly in the wake of the twin impacts of globalization and technological change on America's campuses. This is a complicated story that involves the dangers of domestic violence and stalking, and one which is also tangled up in several distinct ethnic communities, gender ideologies, criminal histories, and cultural anxieties about violence in "safe" planned communities and structured university settings. Don't we owe college-age audiences for news more if we expect teens and twenty-somethings to continue to read newspapers other than The Onion?

August 17, 2007

Class Action Against The RIAA

From Slashdot:

NewYorkCountryLawyer writes "Ever since the RIAA's litigation campaign began in 2003, many people have been suggesting a class action against the RIAA. Tanya Andersen, in Oregon, has taken them up on it. The RIAA's case against this disabled single mother, Atlantic v. Andersen, has received attention in the past, for her counterclaims against the RIAA including claims under Oregon's RICO statute, the RIAA's hounding of her young daughter for a face-to-face deposition, the RIAA's eventual dropping of the case 'with prejudice,' and her lawsuit against the RIAA for malicious prosecution, captioned Andersen v. Atlantic. Now she's turned that lawsuit into a class action. The amended complaint seeking class action status (PDF) sues for negligence, fraud, negligent misrepresentation, federal and state RICO, abuse of process, malicious prosecution, intentional infliction of emotional distress, violation of the Computer Fraud and Abuse Act, trespass, invasion of privacy, libel and slander, deceptive business practices, misuse of copyright law, and civil conspiracy."

August 16, 2007

Campus Tour

Yesterday I visited Anteater Island, the experimental distance learning initiative for virtual reality contexts that U.C. Irvine is piloting in the online multi-user environment Second Life. I will likely hold at least some of my class time for my upcoming social media course on the island, although I am also looking forward to face-to-face meetings in the experimental classroom of the Teaching, Learning & Technology Center. After teleporting in front of a storybook scaled virtual version of a newbie's guide to SL, one of the first landmarks I encountered was the library's poster presentation that consisted disappointingly of screen shots of the homepage and help pages from their official website.

Although I was able to visit a number of facilities on the island -- including a conference center with space age furnishings and a variety of indoor and outdoor classrooms -- and could stop by a virtual kiosk for the SL Browser developed by UCI faculty member Crista Lopes, I did find myself shut out from a large parcel, which I assume has been alloted to the freshman game development class. The territory that was off-limits appeared to be part glassed-in research park and part boy scout camp with flags and pup tents.

As someone who has represented the School of Humanities on the university's work group on classroom facilities and instructional technology, I was especially interested to see the "Holodeck" that could be reconfigured with the push of a virtual button on the wall. The space was capable of shape shifting into a seminar room, library, and traditional classroom, along with something called menacingly "Room 101." It also had more exotic spatial representations that included "moonscape" and "shogun."

Perhaps the strangest classroom configurations were the ones that seemed most wildly inappropriate for a university concerned about decorum, appropriate conduct particularly between teachers and students, and the risks of sexual harassment. Most hilarious were the really incongruous holodeck choices for an academic setting: "dinner for two" (which featured a sky of shooting stars, a candlit intimate table, and hearts everywhere imaginable), "bedroom" (which seemed straight out of the Playboy mansion), and "club 360" (which I have reproduced above)
Of course, as someone fascinated with twenty-first-century classrooms, I couldn't help but wonder why they showed classes with uncomfortable chairs in learner-unfriendly rows, particularly ones in which -- from a practical point -- there would be nowhere for me to sit as a facilitator. At least elsewhere there were some cushions under palm trees and a semi-circle of hovering seating platforms, but I left feeling mystified as to why they would orient so many of their virtual learning spaces in ways that only reinforced existing hierarchies of power and emphasized passive reception of material coming from a screen.

The Moneychangers

Today, my local Bank of America was featuring its new automated teller machines, which will now supposedly be able to recognize currency and even read check amounts to correct deposit information. It was interesting to note that there were two live minders, one of each gender, out on the street to explain the machine's new features and the fact that the bank was now dispensing with epistolary conventions entirely. What was once the envelope dispenser now holds informational brochures.

There has been a lot of discussion about the role of "virtual capitalism" in recent years, but this seems to be an analog/digital hybrid when it comes to economic practices. Tangible currency with engraving and watermarking and checks with memos and signatures are converted into digital code, although -- if they are checks -- a miniaturized copy of your signifiers of value is incorporated into your receipt. Much of the rationale for introducing the technology has also to do with labor-saving that automates the work of bank employees and takes the step of opening envelopes out of the circuit of economic exchange represented by the transaction. Watching businessmen being forced to feed each individual check into the machine rather than deposit a single, thick envelope, I am reminded of Siva's warning that many digital technologies are merely being used to outsource labor to the consumer.

August 14, 2007

Krishna Ravi Srinivas, "Intellectual Property Rights and Traditional Knowledge: The Case of Yoga"

Here is the abstract:

Intellectual Property Rights (IPRs) related to traditional knowledge (TK) have been controversial and there has been accusations of bio-piracy and unauthorized appropriation of TK in the form of patents etc. There were reports that patents on Yoga had been granted by U.S. PTO and this was later denied. Patents on accessories, devices that enable practice and teaching of Yoga have been granted. Similarly there many trademarks related to Yoga have been granted. The copyright claims of the founder of Bikram Yoga have been controversial and the cases on these copyright claims have been settled out of court. Yoga with origins in India has become part of global consumer culture and has been transformed into what is called as 'transnational yoga'. Hence it has many meanings in different contexts. This article addresses the controversies and discusses the complexities involved in intellectual property rights related to Yoga.

Download it here! Via the terrific Larry Solum.

Would It Be Sexist Of Me To Say He's Half Right?

Karl Rove: "I'm Moby Dick."

The Phoney Baloney War On Porn

From a NYT article entitled Federal Effort on Web Obscenity Shows Few Results:

Tom Rogers, a retired Indianapolis detective, toils away most days in his suburban home office reviewing sexual Web sites and other Internet traffic to see whether they qualify as obscene material whose purveyors should be prosecuted by the Justice Department.

His work is financed by a Justice Department grant initially provided through a Congressional earmark inserted into a spending bill by Representative Frank R. Wolf, Republican of Virginia.

The grant, about $150,000 a year, has helped pay for Mr. Rogers and another retired law enforcement officer in Reno, Nev., to harvest and review complaints about obscene matter on the Internet that citizens register on the Justice Department Web site.

In the last few years, 67,000 citizens’ complaints have been deemed legitimate under the program and passed on to the Justice Department and federal prosecutors.

The number of prosecutions resulting from those referrals is zero. ...

As I argued here, conservatives like to pretend they energetically oppose pornography, and liberals like to pretend that porn is under attack. Neither is true, but the respective heuristics are so useful to partisans that no one wants to pay attention to what is actually occuring, which in my opinion is that porn has become socially nomalized so effectively that the industry and its output is less subject scritiny and criticism than McDonald's commercials. Cross-posted with additional ranting and raving here.

August 13, 2007

Interesting article on Google Book Search

Inheritance and loss? A brief survey of Google Books:

Abstract
The Google Books Project has drawn a great deal of attention, offering the prospect of the library of the future and rendering many other library and digitizing projects apparently superfluous. To grasp the value of Google’s endeavor, we need among other things, to assess its quality. On such a vast and undocumented project, the task is challenging. In this essay, I attempt an initial assessment in two steps. First, I argue that most quality assurance on the Web is provided either through innovation or through “inheritance.” In the later case, Web sites rely heavily on institutional authority and quality assurance techniques that antedate the Web, assuming that they will carry across unproblematically into the digital world. I suggest that quality assurance in the Google’s Book Search and Google Books Library Project primarily comes through inheritance, drawing on the reputation of the libraries, and before them publishers involved. Then I chose one book to sample the Google’s Project, Lawrence Sterne’s Tristram Shandy. This book proved a difficult challenge for Project Gutenberg, but more surprisingly, it evidently challenged Google’s approach, suggesting that quality is not automatically inherited. In conclusion, I suggest that a strain of romanticism may limit Google’s ability to deal with that very awkward object, the book.

About the author

Paul Duguid is adjunct professor in the School of Information at the University of California, Berkeley; professorial research fellow at Queen Mary, University of London, where he was an ESRC–SSRC Visiting Fellow in the spring of 2005; and, a research fellow at the Center for Science, Technology, and Society at Santa Clara University. He is also an honorary fellow of the Institute for Entrepreneurship and Enterprise Development at Lancaster University School of Management.

Great Ann Powers column on musical originality

Pop looks to the past for a forward-feeling sound:

By Ann Powers
Los Angeles Times Staff Writer

August 12, 2007

ELTON JOHN'S recent public outburst about the Internet's effect on pop -- he suggested that a five-year cyberspace shutdown might be the only way to renew the music's creativity -- was greeted with eye rolling and the general consensus that he should splurge on an iPod. But his consternation is understandable.

The music industry is in tatters; the noise that amateurs once kept to themselves emanates from every corner of cyberspace, and between the money-obsessed mainstream and the hype-addled underground, there's no agreement on what will endure. For a traditionalist like John, it's a scary time -- old standards are dying fast.

Consider one of the enduring myths of pop: that originality is paramount. This idea has always been pretty much a lie, given the history of music-making as a borrower's art. In an essay on the merits of playing copycat published in the February Harper's, Jonathan Lethem traced the origins of American pop to the "open source" culture of blues and jazz and noted that recording techniques, which allowed for literal duplication of sounds, have steadily enhanced the artful cribbing pop's innovators employ.

"As examples accumulate," Lethem writes, "it becomes apparent that appropriation, mimicry, quotation, allusion, and sublimated collaboration consist of a kind of sine qua non of the creative act, cutting across all forms and genres in the realm of cultural production." (Lethem later reveals that he "stole, warped, and cobbled together" his entire essay, including this idea, which came from the book "Owning Culture" by Kembrew McLeod.)

Lethem's point might seem obvious to any sample-chasing hip-hop fan or Dylanologist who's traced the master's loving thefts over the decades. Yet the idea that a song or a sound can be unique remains potent, especially for musicians themselves. Artists like to believe their self-expression is really theirs; perhaps even more importantly, the financial structure of the music industry, which rewards creativity when it's copyrighted, has upheld the idea that one person can "own" a song. ...

August 12, 2007

Dick Cheney '94: Invading Baghdad Would Create Quagmire

Jeebus...

August 11, 2007

Something Is Lost In Translation

childrensstore.jpg

A children's store in Copenhagen. Photo by Debbie Halbert.

August 10, 2007

Siva Gets Off Easy

For those who missed it, Ann tagged me in the Eight Random Facts Meme. Of course, I had to play along, and then I sucked in Nedra Weinreich, Alice Robison, Alexandre Enkerli, and Mitsu Hadeishi.

Notes from the Boy's Club

Okay, I'm back at Sivacracy's Southern California headquarters after a week at SIGGRAPH, the annual convention of the premiere international organization for computer graphics and interactive technologies that somehow brings together special effects from the major studios with high profile computing initiatives from research universities. You can check out my reports on copyright issues and gender bias from the conference, and see reviews of Microsoft's Surface and MIT's Hundred Dollar Laptop. I also spent time at SIGGRAPH with old friends, new acquaintances, my significant other, and some robots that I met in the uncanny valley. Just stop by the Virtualpolitik booth and swipe your card.

"Being A Chick On YouTube"

The Main Reason College Faculty Shouldn't Use Facebook

Via Alexandre Enkerli

Yes it IS hot enough for me, thanks for asking!

melting.jpg

August 8, 2007

The Semi-Subversion of Bob Marley

An article here questions why Bob Marley's song "One Love" was selected by the Jamaican Tourist Board as its theme song. Below is an excerpt:

...Despite "One Love's" irresistible, all-inclusive chorus, a closer listen to its verses reveals that the song's lyrics are far too complex to be perceived solely as a benign love anthem. "One Love's" pointed first verse could be directed at Marley's enemies (he was shot at his Kingston home just 18 months before Exodus was released) or the detractors who objected to his Rastafarian lifestyle as the global representation of Jamaica: "Let them all pass all their dirty remarks, there is one question I really want to ask is there a place for the hopeless sinner who has hurt all mankind just to save his soul?"

On the second verse (the antithesis of welcoming tourists to the land of sea and sun) Bob confronts the apocalypse with lyrics that warn of the impending disaster that awaits those who deviate from a path of righteousness: "Lets get together to fight this holy Armageddon so when the Man comes there will be no no doom/have pity on those whose chances grow thinner, there ain't no hiding place from the Father of creation".

So how did a song rife with such an ominous imagery become a Jamaican tourism slogan? (Perhaps the most curious usage of "One Love" was as background music for a series of TV commercials for the Publix supermarket chain in Florida in the 1990s.) Has Marley's visionary verse been subverted by his popularity? Does he run the risk of being reduced to a placid icon whose image is emblazoned on T-shirts and coffee mugs, devoid of the revolutionary rhetoric that made him such a compelling global force? Often, that's the price paid for such widespread acceptance. But the integrity of Marley's music will endure, with its original message intact, among listeners who are willing to, as he sang, "check out the real situation". ...

Microsoft Surface I and II

At least one is satirical...

Wii Fit

August 7, 2007

The Evil Power of Trademarks

Forbes.com has a story about how children think anything with a McDonald's logo tastes better than the iidentical food in a plain wrapper. The article doesn't mention how dramatically trademarks can affect adults, or both children and adults with respect to products other than food.

August 6, 2007

Buffalo buffalo Buffalo buffalo buffalo buffalo Buffalo buffalo

This is exactly the kind of thing Wikipedia is great for!

There are signs all over my neighborhood saying "Google Ron Paul"

I guess I'm supposed to find this:

He is a Republican Congressional Representative and apparently he is running for President via YouTube.

Rebecca Tushnet, "Domain and Forum: Public Space, Public Freedom"

Here is the abstract:

How should we think about the relationship between copyright and the First Amendment? Many answers have been proposed to that question, and this short essay does not attempt a comprehensive assessment of the debate. Rather, it examines the similarities and divergences between copyright and First Amendment principles using two points of comparison: the public forum and the public domain. A “public forum” in First Amendment law is a place held in trust by the government for use by the people, whether generally (a traditional public forum) or for specific topics (a limited public forum). By “public domain,” I refer to various concepts of freedom to use expression, information and other intangible intellectual goods, rather than to real property. The public forum and the public domain are places that belong to everyone, because they belong to no one, from which people cannot be excluded on the grounds that a property owner wishes to exclude them. The history and complications of public forum doctrine offer some cautionary lessons for proponents of an expansive public domain in copyright.

Downloadable here.

August 5, 2007

A Little Hammy And Contrived Maybe, But Still Fun To Watch

Watching him get called a little lump of coal was a bit wince inducing, but he seems to be getting his revenge.

Siva on NPR's 'On the Media' on Google and the mobile phone spectrum

On The Media

August 4, 2007

Crocheted Cannoli

cannoli.jpg

Possibly the only kind Siva and Melissa will find in Virginia. From here!

Think I'll Stick To Wine

Eeeeew.

Wendy's, Menus, Calories, Lawyers and Trademarks

Yep, quite the unappetizing combo meal.

August 2, 2007

arrested for 20-second video recording

Some poor kid took a short camera clip of the Transformers movie, and was promptly hauled out and arrested. The theater (Regal Cinemas Ballston Common 12, in Arlington, Virginia) is pressing charges that could land this 19yo in prison for a year for the 20-second film clip. She recorded the clip to show her little brother, because she thought it would get him excited to go see the movie, too.

IMO the only good outcome of this is that the theater has lost years of revenue from this young woman because in addition to trying to put her in prison for a year, they have banned her from their theater for life. Hopefully her friends will boycott the theater on her behalf too.

If you have any thoughts about the ludicrous nature of this prosecution, feel free to share them with the theater at (703) 527-9730; Regal Cinemas at 877-TELLREGAL (1-877-835-5734); or the Arlington, VA, Office of the Commonwealth's Attorney at (703) 228-4410.

Her trial date is set for August 21. She's being prosecuted under a new Virginia statute that criminalizes using cameras in movie theaters.

Further reading:

Cross-posted at derivative work

Bringing in the Muscle

The big copyright news this week is the decision of Computer & Communications Industry Association (CCIA) to file a complaint with the Federal Trade Commission against several sports and entertainment conglomerates that alleges that they have overstated their copyright claims to intellectual property published on the World Wide Web. This complaint brings corporate heavy hitters like Google, Microsoft, and Yahoo into the IP match-up on the side of free culture. (Insert ironic pause here.) As this analysis from ars technica points out, one of the star players has been supercool Internet law professor Wendy Seltzer, who has been sparring with the NFL over her fair use rights to show their copyright statement in connection with educating her students and the public about intellectual property issues. Sivacracy has a good summary of the issues here.

As a sports fan myself, I think it will be interesting to see if MLB can keep videos of the record-breaking run off YouTube when Barry Bonds finally does it, although I'm certainly glad that he didn't when I was in the stands watching the Dodgers last night. But my main interest is in seeing more YouTube footage of another player that is constantly pulled for copyright reasons: last night's star hitter Nomar Garciaparra.