« September 2007 | Main | November 2007 »

October 30, 2007

Supposedly Liberal Bully Blogs and Political Debate: New Boss, Old Boss, Etc.

This time the topic is Social Security, spurred by Barak Obama's decision to raise Social Security in his campaign. Atrios writes:

... Beating back George Bush's plan to kill social security was probably the first major victory for the broadly defined netroots movement. I say that not really knowing if things would have been different if blogs and the like didn't exist, but it seemed like a victory. And while we never got together in a dark smoky room to plot our strategy, it basically ended up being a two-pronged one. The first was to beat back against the "social security crisis" frame much beloved by every very serious pundit in Washington. The second was to beat back against the idea that since George Bush had a "plan" (which he never actually did in any form until very near the end of the whole debate) the Democrats needed to have a "plan" of their own. The first part of this is a perpetual game of whack a mole, necessary on just about every day the Washington Post is still publishing. And the second was a very necessary emergency tourniquet which needed to be applied very quickly.

Beating back the steady stream of misinformation about the nonexistent crisis was done throughout the blogs, on Media Matters, etc. And trying to stop the Democrats from coming up with their own crackpot plan was done through a combination of bloggers trying to explain repeatedly that people like social security, they don't want to change it, opposing changing it is a political winner, and most importantly that once the minority party proposes their own plan they've guaranteed that something will happen. And that something would have been very bad. In addition, Josh Marshall especially kept an eager eye out for any wavering Democrat in Congress who decided that his/her awesome social security plan must be unveiled to the grateful public in order to beat them back with phone calls and whatever bad press could be created.

It worked. Again, absent blogs it may have played out just like that anyway. Nancy Pelosi realized at some point that the "no plan" plan was indeed the best one, and she likely doesn't spend much of her time looking at my pictures of ponies. In any case, somehow George Bush's social security monster was driven back into its cave and it was done in just the way the liberal blogosphere and netroots more broadly orchestrated it to happen, in a very decentralized way of course. We're not members of any organized political party, remember. ...

Whew, heady stuff, crediting blogs with orchestrating the finale of the country's Social security debate. But in linking to that post, Digby writes:

Atrios brings newbies up to speed about why it's such a stupid idea to bring the fake "social security crisis" back into the political dialog and also links to a Matt Yglesias post about the "whole mountain of stupid" Villagers like Joe Klein forced us to climb when Bush decided his tiny 04 mandate meant he could destroy the nation's most successful program.

One of the problems with Klein (who has admittedly become ever so slightly less reflexively Villager in recent months) is that his views were so long considered to be the epitome of those of a sensible liberal. This had the unfortunate effect of making average citizens naturally loathe and despise liberals while at the same time marginalizing actual liberals as being beyond the pale even though they are at least as large a constituency as the social conservatives who are worshipped and embraced as Real Americans among the village elders. It remains a serious problem for Democrats who have to tip-toe around these false designations to reach out to their own voters without getting the whole village lynch mob running after them with bar-b-que forks and sharpened swizzle sticks.

Think about that for a second. Klein was (passive voice alert) "so long considered to be the epitome of those of a sensible liberal." By who, exactly? No names mentioned and not a supporting link in sight. But couldn't netroots powerful enough to have an impact on the Social Security debate successfully challenge the political orientation of a single man? Apparently not, because according to Digby "It remains a serious problem for Democrats who have to tip-toe around these false designations to reach out to their own voters..." leading one to conclude that both Democrats and blogs are weak and ineffectual. But of course Digby knows that pretending Klein is behemothic Goliath is an effective rhetorical position, though surely she knows it is also a dishonest one. I'm not a Klein fan, but instrumentally pretending he singularly and omnipotently mis-defines liberalism in contemporary political discourse is just ridiculous.

Vitriolic group-think norm enforcement is nothing new for the high traffic Supposedly Liberal blogs, and this wouldn't be all that notable or alarming except for the following: Both Atrios and Digby agree that there is no Social Security problem. Digby aggressively asserts that no one " who calls himself a liberal" should be talking about Social Security:

There is no crisis. That's not just a slogan. Even with Bush spending like a drunken sailor we're still good until 2047. Bringing this into the conversation now for any reason is a big mistake especially when we've got a real impending crisis on our hands with medicare, which can only be cured with comprehensive health care reform. (And if you want to talk about a financial crisis, there's the billion a week we're tossing down the rabbit hole in Iraq.) Social Security as an issue helps nobody but Republicans and their enablers like Joe Klein who want to persuade people that modern life requires that they constantly put absolutely everything they have in the world on a roulette wheel called "the market." I understand why wall street types want to get their mitts on a piece of that action but I don't understand why why anyone who calls himself liberal would think it's a good idea.

Atrios is even more menacing, writing:

So, anyway, having someone suggest that Social Security is a problem which needs to be dealt with by any serious candidate is like the bat signal for people like me. There is no problem with Social Security. None at all. Whatever broader fiscal time bombs exist have absolutely nothing to do with Social Security. Once you get Fred Hiatt and the gang opining about the need fix that Social Security problem, you've increased the likelihood of something very bad happening.

So big blogging bullies Atrios and Digby have declared that anyone who wants to talk about Social Security is not a liberal, and is "increas[ing] the likelihood of something very bad happening." No pressure there, right? Well guess what, though I agree that any changes the Republicans want to make to Social Security are likely to be counterproductive at best, I also think that Social Security should be more re-distributive of wealth, as others have argued. See, for example, this, this, and this. I also would like to see some of the gender inequities addressed, see e.g. this, this and this. But in the elitist world of the Supposedly Liberal blogs, caring about this makes one "not a liberal," and either the cause, or (more likely, at least in the blog world, if the bullies decide to make one pay for challenging them, the victim) of "something very bad." Goddess help anyone with fresh and productive ideas or a taste for social justice in this climate.

October 29, 2007

"We Didn’t Start the Viral"

Via The Garance.

So What's "The Press" Up To These Days? Two Irreconcilable Views

One high traffic blogger asserts that "the press" is helping the Republicans, because "subtly, but relentlessly" she claims "a very odd subliminal narrative taking shape in which the blame for the nation's failures of the last seven years is being shifted to Clinton (and the "do-nothing" Democratic congress)..." Seriously, here's a longer excerpt:

I don't know if anyone's noticed, but George W. Bush is being disappeared from the presidential campaign and everyone's running against incumbent Hillary Clinton. Subtly, but relentlessly, the public psyche is being prepared to deny Junior ever existed. And it could work. For many different reasons, most Americans want nothing more than to forget George W. Bush was ever president. So, we see a very odd subliminal narrative taking shape in which the blame for the nation's failures of the last seven years is being shifted to Clinton (and the "do-nothing" Democratic congress) as if the Codpiece hasn't been running things since 2000. (Not that the radical wingnuts haven't always blamed the Clenis for everything, but the disappearing of Bush is a new element.)

I certainly don't blame the Republicans for trying to do it. It makes sense, since their boy is an epic failure and the original Clinton is still very present in people's minds. It will be quite a trick to pull off, but I can see the press already helping them do it. (Naturally.) ...

Not a single link or example to be found in the post, though. But it's not like the blogger ever criticizes others for making shit up, or ignoring empirical evidence, except of course when she writes things like:

...That is exactly why I don't trust this stale and silly convention of DC insiders and elite pundits making anthropological forays into Real America and "reporting" back on the thinking of the electorate. They just reinforce their own preconceived notions and come back to their perch at the top of the political power structure secure in the knowledge that they are just like small town, hard working, regular folks after all.

Give me cold poll numbers any day --- and if somebody wants to follow up with interviews of a sample of that sample for an article in the paper, then fine. But the notion that DC pundits have some special way of talking to strangers that translates into something meaningful about the population at large is ridiculous....

Meanwhile, back on Planet Less Facile And Polemical, note that Editor & Publisher is reporting:

News coverage of the 2008 presidential campaign has centered predominantly on just five candidates, offered very little information about their public records or what they would do in office, and focused more than 60% of stories on political and tactical aspects of the race, according to a joint study released Monday.

The report, from the Project for Excellence in Journalism and the Joan Shorenstein Center on the Press, Politics, and Public Policy at Harvard University also found that news outlets gave Barack Obama the most favorable treatment, while John McCain received the least favorable, but covered Demcrats more than Republicans in general in the race for president.

"Overall, Democrats also have received more positive coverage than Republicans (35% of stories vs. 26%), while Republicans received more negative coverage than Democrats (35% vs. 26%)," the study found. "For both parties, a plurality of stories, 39%, were neutral or balanced." ...

Other findings in the new report:

• "Five candidates have been the focus of more than half of all the coverage. Hillary Clinton received the most (17% of stories), though she can thank the overwhelming and largely negative attention of conservative talk radio hosts for much of the edge in total volume. Barack Obama was next (14%), with Republicans Giuliani, McCain, and Romney measurably behind (9% and 7% and 5% respectively). As for the rest of the pack, Elizabeth Edwards, a candidate spouse, received more attention than 10 of them, and nearly as much as her husband."

• "Democrats generally got more coverage than Republicans, (49% of stories vs. 31%.) One reason was that major Democratic candidates began announcing their candidacies a month earlier than key Republicans, but that alone does not fully explain the discrepancy."

• "Most of that difference in tone, however, can be attributed to the friendly coverage of Obama (47% positive) and the critical coverage of McCain (just 12% positive.) When those two candidates are removed from the field, the tone of coverage for the two parties is virtually identical."

• "Newspapers were more positive than other media about Democrats and more citizen-oriented in framing stories. Talk radio was more negative about almost every candidate than any other outlet. Network television was more focused than other media on the personal backgrounds of candidates. For all sectors, however, strategy and horse race were front and center." ...

October 28, 2007

Who Wants to Be a Well Adjusted Woman with a Healthy Moral Compass and Enough Sense Not to Get Banged on National Television!

Squid-O-Lantern

squid.gif

From here.

October 27, 2007

Science Project

The Ice Bulb

October 26, 2007

Slippery Slope

I found myself conflicted when fellow blogger Nedra Weinreich drew my attention to Suzy's Law, legislation that would make it a crime to use the Internet to disseminate information that enables or encourages people to take their own lives. Usually, I'm in concert with Nedra's attitudes about social policy and public rhetoric, and there's been a lot of friendly interchanges between our two blogs when she tags me and I tag her in return during the course of various Internet memes. But this is a case where I'm not sure that she's necessarily right.

On the one hand, I'm not happy to say that I know something about suicide first-hand and the violence that it does to the people left behind. Among academics, there are many rituals to deal with the death of a friend and colleague, but when that person takes his or her own life, those ways that scholars cope with loss don't function, and guilty silence and withdrawal becomes the norm. In one particularly horrific case that I still have nightmares about, one of the last times I spoke to a close friend who killed herself was to tell her about another person in our social circle who had also taken his own life.

But there are a lot of legislative priorities when it comes to the Internet that directly affect hundreds of millions of people: network neutrality, the need for public digital libraries, consumer advocacy for defective-by-design products and monopolistic corporations, and attention to revising the Digital Millennium Copyright Act. This equation of electronic distributed networks with criminality continues a destructive trend in Congress that takes attention away from critical issues involving public access to the Internet.

The fact that this kind of legislation often gets approved unanimously or near unanimously, as do many Internet-anxiety laws that are named after individuals not principles and pass without debate for what seems to be the easy political benefit of both sides of the aisle, should alone be cause enough for concern. Furthermore, if there are already laws against this admittedly reprehensible conduct, what purpose does "Suzy's Law" serve? What does the use of digital media have to do with death-wish ghouls who urge people to take their own lives, who may also taunt those on the brink through the telephone or face-to-face interchanges? Certainly, without any use of a computer, there are far more spouses and parents who have taken part in sick, self-serving arrangements to rid themselves of self-destructive family members.

The Internet has also connected many individuals with life-saving mental health help. Where in HR-940 is funding for more of these suicide-prevention resources?

There are a lot of seemingly unsavory Usenet groups, although alt.suicide.holiday, which Suzy Gonzales apparently consulted according to this article, may be one of the worst. But there are also a lot of legitimate "alt" groups about sexuality or even religious doubt for which already well-connected religiously fundamentalist interests in the heartland might harbor deep disapproval. Could this attention to tiny minorities who use the Internet for subversive purposes also open the door to more general "anti-alt" sentiments that might ban access to useful if countercultural information through cutting off public portals like libraries, as other legislation has similarly tried to do with social networking sites on the grounds of predator panic?

I'm no pro-euthanasia advocate, but a number of states have passed right-to-die laws through popular majorities. How does this law ignore the fact that there might be genuine debate about particular kinds of assisted suicide? As it is written, there is no exemption involving a person who is terminally ill already.

Whether it is a code for de-encrypting DVDs or information about how to pass a drug test, it's difficult to keep this kind of formulaic information from circulating on the Internet. I'm sure to get some hate mail on this posting, but I worry that we are passing legislation that directly affects fewer and fewer people while not considering seriously in principle the larger digital rights of our culture of democracy as a whole.

Cross-posted at Virtualpolitik.

In a time of so many stupid government decisions, is this the absolute dumbest?

Pa. won't release list of polling places:

Pa. Officials, Fearing Terrorism, Conceal List of Polling Places

MARTHA RAFFAELE
AP News

Oct 25, 2007 21:23 EDT

State officials have decided not to publicize their list of polling places in Pennsylvania, citing concerns that terrorists could disrupt elections in the commonwealth.

The Department of State was influenced by the terrorist bombings that struck just days before Spain's national elections in 2004, spokeswoman Leslie Amoros said. Election officials consulted with state police, the Pennsylvania Emergency Management Agency and the state Office of Homeland Security.

"The agencies agreed it was appropriate not to release the statewide list to protect the public and the integrity of the voting process," Amoros said.

Information on individual polling places remains available on the state voter services Web site or by calling the state or county elections bureaus.

Critics say concealing the compiled list runs afoul of the state's open records law and makes coordinating statewide voter-mobilization strategies more difficult. ...

Terrorism? In Scranton? Erie? Williamsport? Even Philadelphia? Are you kidding me?

Hey, in case you had any doubts that Bin Laden is laughing at us every day, here is all the evidence you need.

"The Best and Worst Logo Remakes of the Century"

Here. Below are some examples:

logo3.gif
logo2.gif
logo1.gif

October 25, 2007

Panel on Academic Blogging

Southern California Sivacracy readers are invited to come to what should be an interesting panel on faculty blogging that should include some good stories about university scandals, transmedia publishing ventures, disciplinary anxieties, unpredictable readerships, and online communities.

The event, Is Academic Blogging an Oxymoron?, is co-sponsored by The Southern California Institute for Writing Technology Education (sciwriter.org) and by UC Irvine's own Humanitech and is open to the public.

Participants include Catherine Liu of Higher Yearning, Peter Krapp of Distraction Economy, Scott Kaufman of Acephalous, Julia Lupton of Design Your Life, and Elizabeth Losh of Virtualpolitik.

For those who can't make it, there will be a podcast and a video webcast available in the future.

What's wrong with standing up for some things to be public?

Michael Madison, citing the recent NYTimes story about some libraries choosing the Open Content Alliance over Google, the WSJ story about Microsoft and Hollywood coming to terms on copyright "precrimes," and Tim Wu's Slate piece cited below, has some harsh words for those of us trying to make arguments in public about matters of public access and public goods:

... What do these stories and developments have in common? As lawyers and even more so, as content “creators,” “users,” “archivists,” and “researchers,” we believe that we are given a world in which the Law (note the capital L) says X and any failure to comply with the Law is “illegal.” From a “progressive” or “liberal” standpoint, we believe that private companies are presumptively bad and Big private companies are presumptively evil, and combinations of Big private companies are almost too scary to imagine. “Not-for-profit” organizations are good, universities are better, and libraries and librarians are happy warriors for the public interest.

In the examples above, therefore, (first) Google and Microsoft are scanning millions of books as part of a secret plot to control our brains; (second) Microsoft and Disney are sending a sinister symbolic message about User-Generated Content; and (third) the fansite community has internalized the evildoers’ message. The Law might change all of this, but Real Change is blocked by the political power wielded by Big private companies.

My lightning quick summary is rhetorically overdone, but I think that it captures an important part of the copyright / information / knowledge “debate” of recent years.

And I think that once the more overheated rhetoric is pulled aside, none of these three propositions really survives. The Law isn’t necessarily X. Private companies are not all bad; Big private companies are not all evil; not-for-profit organizations and universities and even librarians have deeply mixed motives. Consumers and users and researchers need not internalize the rhetoric of tolerated lawbreaking, but their only alternative is not resistance on the path to revolution, blocked by the Powers That Be.

Do we need a new vocabulary and a new syntax to describe this landscape? I think so. What would those look and sound like? More (I hope) shortly.

<

Here is my response:

Huh? Come on. Nobody this side of Naomi Klein says all corporations are bad.

Again, I don't see your accurate complication of the limits that librarians must work with as "mixed motives."

I am guilty of idealizing librarians. But that's pretty damn easy to do. I also idealize fire fighters, police officers, public school teachers, and soldiers. The point of invoking such idealizations in a policy argument is to appeal to core principles. If we have to choose a custodian to manage OUR information, should it be an institution that has a core principles that reflect republican civic virtue? Or should we entrust our collective riches to one with core principles that include massive consumer profiling and extensive trade secrets in the service of quarterly returns to investors?

I would make an argument for the Army and against Blackwater based on the same framework. Wouldn't you? Or would criticisms of Blackwater land me in some boat with Naomi Klein and Noam Chomsky?

It's about how WE allocate OUR resources. It's not about corporations being bad. It's about a particular corporation and its specific attributes, actions, policies, and relationship with essential issues like privacy.

Please don't flatten out complicated debates (not in quotes) by jacking a few quotes out of newspaper and Web site articles. You know this is not that simple.

As for my own motives, if there is an unjustified amount of idealization worth deflating, it's certainly attached to Google. Just take a look at how our copyright allies declare it to be the Great Savior of fair use and open access.

The problem is not one of vocabulary here. We are dealing with a 25-year degradation of everything public. I am proud and justified to defend things public when appropriate.

Tim Wu's Slate 'Lawbreaking' column on copyright infringement

American lawbreaking: Illegal immigration. - By Tim Wu - Slate Magazine

from: Tim Wu
Tolerated Use: The Copyright Problem
Posted Tuesday, Oct. 16, 2007, at 7:32 AM ET

What are the most violated laws in the United States?

Traffic laws take first place, perhaps, but your next bet should be on copyright. Every week, in various ways, you probably violate the copyright law. How? When, say, you check out old MTV videos on YouTube. Or if you, bored at work, decide to research the surprising origins of the character Grimace. Or if you make a mix CD for a friend or play DVDs at a house party. Each will lead you into a facial violation of the copyright law, and in today's world, it's almost unavoidable. But is it a bad thing?

Copyright is the nation's leading system for subsidizing the creative industries, especially film, television, and book publishing. Its total evasion can threaten the cultural health of a country—witness places like Hong Kong, where piracy has decimated what was once a booming film industry. But, like many laws, copyright has acute difficulty in adapting to rapid, real-world change. The politics of copyright policy—concentrated media companies vs. millions of disorganized consumers—simply do not lead to balanced legislative outcomes. Consequently, the copyright law only sometimes adjusts itself to new challenges in the courts or the legislature. Instead, in recent years, it is often in copyright-enforcement practice that change is happening, where tolerance of lawbreaking has become the main way copyright is adjusting to the Internet age. ...

The Myth of the 'Millennial Student'

Chronicle.com:


Thursday, October 25, 2007

At College Board Meeting, Researchers Challenge Views of 'Millennial' Students

By ERIC HOOVER

New York

Recently the student-affairs office at a small Southern university received a telephone call from a concerned parent. The weather had just turned cold, and the parent wanted to know if someone could make sure that little Johnny was wearing his sweater.

Richard A. Hesel got big laughs when he shared that anecdote with a room full of admissions deans here on Wednesday. After all, many people at the College Board's annual conference will tell you that today's college students are more sheltered than ever by "helicopter parents." It was an effective story, but it also illustrated a crucial point: Much of what colleges think they know about students comes from anecdotes, not long-term data.

Mr. Hesel, principal and co-founder of the Art & Science Group, a college-marketing company, cautioned his audience against buying wholesale into popular conceptions about so-called Millennial students, whom he described as far more complex in reality than they are in stereotypes. "Most Millennial theory is based on generalizations," Mr. Hesel said, "and those generalizations are very dangerous."

During the presentation, "Millennial Students: What Do We Know and What Does It Mean for Admissions?," Mr. Hesel and John H. Pryor, director of cooperative institutional research at the University of California at Los Angeles, took several swipes at widespread assumptions about contemporary students. Because those assumptions are based largely on the characteristics of affluent white young adults, they suggested, colleges should not cling to admissions and marketing policies that rely too heavily on superficial definitions of who Millennials are, what they like, and what they want from colleges.

Millennials Rising, Accuracy Falling

Mr. Pryor, who leads UCLA's annual survey of college freshmen, presented longitudinal data that challenged several findings by William Strauss and Neil Howe, authors of Millennials Rising (Vintage Books, 2000), a widely read book. For example, Mr. Pryor said that while the authors found that today's students were spending more time on homework than their predecessors did, UCLA's surveys have found that the time students spend on homework has been declining over the last decade. He also said his data revealed that students were becoming more preoccupied with finding lucrative careers—not less so.

Mr. Hesel previewed the results of a forthcoming report on a recent study of Millennials, which was conducted by the Art & Science Group and the College Board. One notable finding: Almost half of today's students do not think of themselves as "Millennial students," a reminder that generational labels, particularly those applied by older generations, are as tricky as they are broad.

What should admissions officials think about as they ponder the complexity of Millennials? "Sincerity," Mr. Hesel said. Many prospective students, he continued, are cynical about colleges' marketing efforts. Given that, he urged deans to avoid hyperbole, clichés, and meaningless tag lines in their recruitment materials—anything that might make them look like "another high-priced commodity."

Mr. Hesel also advised colleges to demonstrate and encourage a sense of humor in the admissions process; to involve parents of prospective students in constructive ways; not to dwell on their campus history and traditions; to express progressive views on social and racial equality; and to simplify information about paying for college.

Doing those things more effectively, he believes, would help colleges communicate more effectively with today's students. "Those are just generalizations, though," Mr. Hesel said.

October 24, 2007

Sadly This Might Be Nobel Prize Material...

gabriel.jpg

I really did not need another reason to hate Rudy

Yankee Fan Giuliani Backing Red Sox


BOSTON (AP) — Sounds like a baseball flip-flop. Rudy Giuliani, a lifelong New York Yankees fan, said Tuesday he's pulling for their most hated rivals, the Boston Red Sox, to win the World Series over the Colorado Rockies.

"I'm rooting for the Red Sox," the Republican presidential contender said in response to a question, sparking applause at the Boston restaurant where he was picking up a local endorsement. ...

Oh. My. Gosh.

Clearly, this is a man without even one core moral principle.

Is it a coincidence that New Hampshire is Red Sox country and that Rudy knows he can't ever again win New York?

I hope my Sox-supporting friends (and wife) will say, "thanks, but no thanks, Rudy."

dncover.jpg

The Right-Wing Facebook Parody

The Right-Wing Facebook - Welcome

rwfacebook.jpg

Puncturing "Why Beautiful People have more Daughters"

ECHIDNE OF THE SNAKES brilliantly destroys the silly argument made in the new evo-cultural tome, Why Beautiful People have more daughters.

Check it out. How do crappy books like this get published? Are smart people so desperate for simple yet all-encompassing explanations to complex phenomena?

Thanks, Alice, for the tip.

Comcast messing with other services, including Lotus Notes!

Seth at the Electronic Frontier Foundation has been watching the way Comcast is abandoning network neutrality and screwing its Internet customers.

Apparently, collaborating on corporate platforms like Lotus Notes is a problem!

Well bowled, Comcast. Way to go after those n'erdowells.

Seth writes:

... When an ISP starts arbitrarily zapping some of the protocols that its customers use, they instantly endanger the cascade of innovation that the Internet has enabled. Before this kind of traffic jamming, anybody — huge businesses, small start-ups, college students and children in their bedrooms — could build new, innovative protocols on top of the Internet's TCP/IP platform.

If this type of conduct is allowed to continue, many innovators will have to get active assistance from an ISP in order to have their protocols allowed through the ISP's web of spoofing and forgery. Technologies like BitTorrent and Joost, which are used to distribute licensed movies and are in direct competition with Comcast's cable TV services, will be at Comcast's mercy.

It should also be remembered that in many parts of the United States, Comcast is a duopoly or even a monopoly provider of broadband Internet access. Competition might offer some protection against packet-forging ISPs, but under current market conditions, we can't depend on it.

If Ken Burns took on the Three Stooges next

YouTube - Three Stooges Ken Burns-Style Mockumentary

October 23, 2007

"The Future Of Copyright"

That is the title of a conference that was held at the University of South Carolina School of Law on October 12th. You can learn more, and watch streaming video of the event, here.

How Scientists should talk to the public

The Scientist : The Future of Public Engagement:


The facts never speak for themselves, which is why scientists need to "frame" their messages to the public.

By Matthew C. Nisbet & Dietram A. Scheufele
Related Articles

The Typology of Frames Specific to Science-Related Issues

In a speech at this year's AAAS meeting in San Francisco, Google cofounder Larry Page proclaimed that "science has a serious marketing problem." As a solution, he suggested that tenure and grants be tied to the media impact of research.1 Page is just one of several leaders who have called attention to the urgent need for new directions in science communication. Yet unfortunately, still missing from much of the general discussion is a systematic understanding of how the public uses the media to form opinions about science-related topics, and a strategy for moving forward.

The dominant assumption is that ignorance is at the root of conflict over science. According to this traditional "popular science" model, the media should be used to educate the public about the technical details of the issue in dispute. Once citizens are brought up to speed on the science, they will be more likely to judge scientific issues as scientists do and controversy will go away. The facts are assumed to speak for themselves and to be interpreted by all citizens in similar ways. If the public does not accept or recognize these facts, then the failure in transmission is blamed on journalists, "irrational" beliefs, or both. Yet many scientists ignore the possibility that their communication efforts might be part of the problem.2

Perhaps worse, arguments in favor of the popular science model are not very scientific. In fact, they cut against more than 60 years of research in the social sciences, a body of work that suggests citizens prefer to rely on their social values to pick and choose information sources that confirm what they already believe, often making up their minds about a topic in the absence of knowledge.3 A second challenge to the popular science model is that in today's media world, by way of cable TV and the Internet, the public has greater access to quality information about science than at any time in history, yet public knowledge of science remains low. The reason is that a small audience remains attentive to science coverage, but the broader public literally tunes out, preferring other media content.

Given these realities, scientists must learn to focus on presenting, or "framing," their messages in ways that connect with diverse audiences. This means remaining true to the underlying science, but drawing on research to tailor messages in ways that make them personally relevant and meaningful to different publics. For example, when scientists are speaking to a group of people who think about the world primarily in economic terms, they should emphasize the economic relevance of science - such as, in the case of embryonic stem cell research, pointing out that expanded government funding would make the United States, or a particular state, more economically competitive.

The stakes are high. If across the media, scientists and their organizations are not effective in getting their messages across, then others will be. One of the reasons why a coordinated response to the Intelligent Design movement was slow to develop was that there was not enough appreciation among evolutionists for strategic communication. The Discovery Institute, through careful crafting and targeting of their message, created a public perception wedge, casting intelligent design as the "middle way," the scientific compromise between teaching "atheistic evolution" and constitutionally unacceptable biblical doctrine.

In political coverage, at the opinion pages, in television advertising, and at the cable news shows, if scientists don't evolve in their strategies, they will essentially be waving a white flag, surrendering their important role as communicators. ...

October 22, 2007

Granted "Brawling" Lacks Class...

But so does making fun of poor people, and I think the point of this post:

Morning Thread

I salute the least surprising story of the year*

Kid Rock arrested for brawl at a 'Waffle House'

Stay Classy America!

*next to Dick Cheney threatens to bomb a "four-letter nation" or as Bush would call it "France"

-Attaturk 08:23

...is to mock and demean people who would eat at a "Waffle House." You know, poor people, or people who have been poor.

A Prank By Identical Twins In A Bathroom Somewhere In Germany

At least I think that's what it is. I don't speak German, so for all I know it's a car commercial!

The Googlization of Second Life.

Seriously, Siva better get that book written before Google takes over this blog and everything it links to! I live in fear of showing up at work to find out I now teach at the University of South Carolina Schoogle of Law...

DID YOU KNOW THERE WAS A NATIONAL "CAPS LOCK DAY"

AND HERE IS A BLOG POST FROM 2003 TO TELL YOU ALL ABOUT A DISPUTE OVER WHEN TO CELEBRATE.

I seriously never thought I would see this

My new college football team, The University of Virginia not only has fewer losses than my alma mater, The University of Texas, it is currently ranked higher in the BCS standings.


Go Hoos and Hook'em Horns!

Explaining "Everything"

This is the latest video from Michael Wesch, anthropologist at Kansas State University. He is the dude who did that really cool "Web 2.0" video.

October 21, 2007

The Bladder Buddy

October 20, 2007

What's going on here? A scary industry agreement over digital copyright enforcement

Apparently, the Digital Millennium Copyright Act has lost all support among the corporate copyright hoarders.

WSJ.com:

Disney, Microsoft Lead Copyright Pact
By MERISSA MARR and KEVIN J. DELANEY
October 19, 2007; Page B4

In a rare cross-industry accord, a consortium of media and Internet companies led by Walt Disney Co. and Microsoft Corp. have agreed to a set of rules they will abide by in the contentious area of posting copyright material on the Web.

Disney and Microsoft, which have been negotiating a pact for the past nine months, have pulled together a group that also includes General Electric Co.'s NBC Universal, Viacom Inc., CBS Corp., News Corp.'s Fox and MySpace units, Veoh Networks Inc. and Dailymotion SA. Notably absent is Google Inc., which had been in discussions about possibly joining the group.

The copyright holders in the group have agreed not to pursue Internet companies for infringement claims if their sites adhere to certain principles. Those principles include eliminating copyright-infringing content uploaded by users to Web sites, and blocking any infringing material before it is publicly accessible.

The pact is unusual in the number of companies involved, but the agreement isn't legally binding. It is more of a sign of trust-building among the companies, according to people familiar with the pact.

The companies have acknowledged the technology that exists today to block copyright-infringing material isn't perfect. Therefore, the pact's principles require that the companies simply make their best effort.

Thanks, Michael!

Tim Wu on "American Lawbreaking"

Sivacracy friend Tim Wu has started his series on Slate called American lawbreaking. It reveals the major ways that our political and legal systems foster or allow lawbreaking.

It's brilliant and fun. Please check it out.

October 19, 2007

Is Net Neutrality already history?

Apparently Comcast is already blocking some Internet traffic.

The next time a telecom stooge tells us not to worry about packet discrimination, remind him that it's already messing with us.

The Internet is over, folks. It was fun.

October 18, 2007

Wal-Mart Is Big Footing the Copyright In Its Ad Circular

From here:

Wal-Mart, clearly annoyed that some Web sites are leaking its much-anticipated Black Friday circular weeks in advance, is threatening legal action if those sites do it again this year.

Brad Olson, the founder of Gottadeal.com, a Web site that markets itself as one of many "official Black Friday deals sites," told CNNMoney.com that he received an e-mail Wednesday from lawyers representing Wal-Mart (Charts, Fortune 500) warning him against "improper release" of the No. 1 retailer's Black Friday sales circular.

And he isn't the only one. Neal Rapoport, founder of Dealtaker.com which also leaks Black Friday ads, received the same legal notice from Wal-Mart on Wednesday.

"It has recently come to our attention that you and/or your company may potentially obtain possession of and untimely release Wal-Mart's sales circulars, advertisements or other information prior to their authorized release dates," the law firm Baker Hostetler, which represents Wal-Mart, wrote in a legal notice e-mailed to Brad Olson and obtained by CNNMoney.com.

The notice said Wal-Mart's circulars are protected by copyright laws, and any unauthorized reproduction, publication or distribution of that information prior to Wal-Mart's release date of Nov. 19 for its Black Friday ads "violates Wal-Mart's right."

"To the extent that the methods of acquisition or use include criminal activity, criminal penalties may also apply," the notice said. ...

A Republican Council Member of New York completely loses it when interviewed by a Norwegian comedian.

Featuring many loudly uttered curse words!

The Tribe is sly

Here's Your Ex: See, Now This Is Just Being Mean:

"Country music artist Danielle Peck will sing the national anthem and "God Bless America" at tonight's Indians game. She will not sing, 'Stand by Your Man.'

Peck, it turns out, dated Red Sox pitching ace Josh Beckett, who is starting tonight's do-or- die game against the Tribe and who handed them their only loss in the American League Championship Series."

Freedom, 1; Major League Baseball, 0

ESPN - Appeals court sides with fantasy baseball company:


ST. LOUIS -- A federal appeals court upheld a lower court ruling Tuesday that lets a fantasy baseball company use players' names and statistics without paying a licensing fee.

In a 2-1 decision, the 8th U.S. Circuit Court of Appeals panel ruled that CBC Distribution and Marketing Inc. doesn't have to pay the players, even though it profits by using their names and statistics.

The Major League Baseball Players Association had argued that companies like CBC are essentially stealing money from players, who charge big fees to endorse things like tennis shoes and soft drinks. The ruling could have a broad impact on the fantasy league industry, which generates more than $1.5 billion annually from millions of participants.

If CBC had lost, the MLBPA would have gained monopoly rights over publicly available statistics and other information that is used as fodder for fantasy leagues across the country, said CBC attorney Rudy Telscher.

Telscher said the facts and figures are public information. He said it's no different from media outlets that print game tallies to draw readers and make money.

"When you're using mass information, it's protected under the First Amendment," he said.

The Imagery in the background of this bran commercial is hilariously unsubtle

"Die Hard" DVD will include somewhat portable computer file

Details here. Either 20th Century Fox is spinning this as "DRM free" or the reporter is uninformed, or actually, probably both, because this doesn't sound "DRM free" to me:

To utilize the Digital Copy feature, consumers can insert Disc 2 of the "Live Free" DVD into their computer. A menu will pop up, offering a choice of either executing the Digital Copy application or launching the DVD special features. If the Digital Copy application is selected, the computer will verify the proper requirements and ask the user to enter a 16-digit serial code, found inside the DVD case. After selecting a destination -- either the computer's hard drive or a connected PlaysForSure video player -- the transfer will begin, and the program will be ready for playback after about five minutes.

Still, it appears to be a step in the correct direction.

October 17, 2007

More on DePalma's Redacted and the redaction of photos at the end

Listen to Brian DePalma and James Boyle discuss the redaction of war photographs from DePalma's film on On The Media.

Really Bad Media Relations

HERE! Somehow the reporter does not get deflected by Jesus, even though he works for Fox News! Via Reclusive Leftist.

October 15, 2007

How Corrupt is the Texas Legislature?

On following the rules (Lessig Blog):

Unimaginably corrupt.

American Universities and the United Arab Emirates

My former employers at NYU just announced something that has been brewing for some time:

New York University announced on Friday that it will open a campus in Abu Dhabi, in the United Arab Emirates, joining a swarm of American universities hoping to capitalize on Persian Gulf money by opening branches in the oil-rich region. NYU's new project, which the university says will create "the first comprehensive liberal-arts campus abroad developed by a major U.S. research university," seems to be the most ambitious project to date in the region.

NYU, whose network of global campuses was missing a Middle East outpost, spoke with multiple countries in the region before being won over by Abu Dhabi's expansive vision for its future. "We found in Abu Dhabi a commitment to the notion that the world that is emerging is going to have eight or ten idea capitals in it, driven at their core by research universities, these places where ideas are created," said NYU's president, John E. Sexton. "The single thing to understand is that this is not a business investment for Abu Dhabi. This is a deep investment in creating an idea capital … a magnet for the whole region and the whole world, with students from India or Morocco or from Saudi Arabia."

NYU was also no doubt attracted by the emirate's offer to pay the entire cost of building and operating the new campus, following the model of Qatar's Education City (The Chronicle, October 4). Though no dollar amount has been set as part of the deal, Abu Dhabi has "committed to providing all it takes to build an A-plus university," said Mariet Westermann, whom NYU has appointed as vice chancellor for the Abu Dhabi project. The new campus is set to include extensive classroom space, library and information-technology facilities, laboratories, academic buildings, dormitories, faculty and residential housing, student services, and athletic and performing-arts facilities.


Here is what I wrote to the reporter:

Dear Zvika,

Thank you for your article in the Chronicle this morning about NYU's plan to build a campus in Abu Dhabi.

As a former member of the NYU faculty, I thought you should know that there was significant dissent among NYU faculty about an Abu Dhabi campus.

First, there is opposition to the UAE's human rights problems. Amnesty International reports:

After 11 September 2001, more than 250 people were arrested and detained, including military personnel and judges. The number still detained remained unknown, but they were reportedly held without access to lawyers or family, and their legal status was unclear.

Security provisions continued to be strengthened with the introduction of the Anti-terrorism Act in July. Penalties for involvement with organizations defined as “terrorist” included the death penalty and life imprisonment.

The “war on terror” was also used to restrict freedom of expression, belief and association. Those perceived to have “Islamist” tendencies, including lawyers, judges, teachers and university professors, reportedly faced restrictions on work opportunities and participation in public life. The Anti-terrorism Act provided for up to five years’ imprisonment for “propagating, by word, in writing or by any other means” any “terrorist” act or purpose. Organizations such as teachers’, lawyers’, and journalists’associations faced harassment because some of their board members were perceived to hold “Islamist” views. Some Islamic charities reportedly had their assets confiscated or frozen, and their activities blocked.

Second, UAE has built itself using indentured servitude. Its treatment of Southeast-Asian and South Asian labor (especially women) is horrifying.

Again, from Amnesty International:

In December, two women domestic migrant workers – Indonesian national Wasini bint Sarjan and Indian national Rad Zemah Sinyaj Mohammed – were sentenced to flogging, after becoming pregnant outside marriage, by a Shari’a (Islamic) Court in Ras al-Khaimah. Rad Zemah Sinyaj Mohammed was sentenced to 150 lashes, to be received in two sessions, followed by deportation. Wasini bint Sarjan was sentenced to one year’s imprisonment and 100 lashes, followed by deportation.

The sentences were to be carried out once the women had given birth and their children had been weaned.

You can find a full report on UAE labor rights abuses from Human Rights Watch here:

http://hrw.org/reports/2006/uae1106/

Third and most seriously, the UAE treats women as badly as any other country on earth.

A teenage girl has reportedly been sentenced to receive 60 lashes for having
"illicit sex". According to a local newspaper, the Supreme Court has upheld the
sentence. The sentence could now be carried out at any time.

The girl, identified by her initials as R.A, is to receive 60 lashes for having
sex with a man when she was 14. The court of First Instance in the town of
al-‘Ain in the Emirate of Abu-Dhabi found her guilty of "illicit sex" and
sentenced her to be flogged.

The man involved in the case, identified by his initials as H.S, was sentenced
to six months’ imprisonment. This discriminatory sentencing is a violation of
the UAE's obligations under international law. The UAE became a state party to
the Convention on the Elimination of All Forms of Discrimination against Women
(CEDAW, or the Women’s Convention) in October 2004 and to the Convention on the
Rights of the Child (CRC) in February 1997. In its General Recommendation No.
19, the CEDAW Committee made clear that discrimination prohibited by article 1
of the Convention includes gender-based violence, that is violence directed
against a woman which "impairs or nullifies" the enjoyment of her human rights
and fundamental freedoms, such as "the right not to be subject to torture or to
cruel, inhuman or degrading treatment or punishment."

And lastly, placing a campus in the UAE does nothing to expand the cultural and intellectual experiences of NYU students. If NYU cared more about education than oil money, it would have built a campus in Cairo or somewhere else that has actual people living historically grounded lives. This move could not be more crass.

I hope you can follow up with a story about the initiatives US universities are taking in the region. It is an ugly trend.

Sincerely,

Siva

October 14, 2007

Hope None Of The Other Bloggers Here Are Verizon Customers...

verizon_is_evil.jpg

According to this article, Verizon's 10,000-word contract references an attached document laying out the "acceptable use policy" and:

This is where customers are informed that, among other things, they aren't allowed to post material online that's "obscene, indecent, pornographic, sadistic, cruel or racist in content, or of a sexually explicit or graphic nature; or which espouses, promotes or incites bigotry, hatred or racism."

It's also where the company says customers are similarly crossing the line if they "damage the name or reputation of Verizon, its parent, affiliates and subsidiaries, or any third parties."

Jon Davies, a Verizon spokesman, said the language was there "to stop people from setting up websites that look like Verizon's" or engaging in other ploys frequently used by scammers to con people into revealing personal info, including Social Security and credit card numbers.

Verizon's contract, however, explicitly states elsewhere that such behavior can result in termination of service. So it would appear that the "name or reputation" clause is asserting a broader prerogative on Verizon's part. ...

"Exploring Google's Hidden Features"

This post notes that Google has many hidden features that are not frightening!

October 10, 2007

DePalma's producer stands up for stronger fair use in film and images

YouTube - Brian De Palma interrupted at NY Film Festival Press Conf

October 9, 2007

The Best Academic Job-Search advice ever

Tenured Radical: These Things I Know: Applying for Tenure-Track Jobs:


... Don't waste your time applying for jobs where your field is ruled out from the get-go. I know it feels like it should improve your chances of getting a job to get more applications out, but if your work does not suit the ad, don't have fantasies that the search committee will change its mind on a whim about the field they want to hire in. Furthermore, if the ad says "historian of women," you don't necessarily qualify because there is a woman or two in your dissertation. It isn't a lottery; it only seems like one. The Shirley Jackson kind.

Put the proper salutation on each letter, and change the text to reflect what school you are actually applying to. I have gotten letters at Zenith that assure me that the candidate wants nothing more in life than to teach at Swarthmore; I have been addressed as "Dear Professor Fillintheblank;" once I was the administrator on a search at Eugene Lang College in New York where more than one applicant addressed the letter to "Dear Dean Lang" and another to "Dear Professor Lang." You are not necessarily out of the running if you slip up on this, but it does make you the object of loud mockery for a brief time.

If the ad says the committee will be interviewing at a convention, say whether or not you will be at the convention. If you can't be at the convention, or are not sure, reassure them that you would be happy to be available for a phone interview or -- if you live nearby -- that you could meet with the committee on its own turf.

Be as clear as possible when you describe your dissertation, using as little jargon as you can.Words like imbrication may still be new to you, but they aren't new to us, and they may even alienate that pissy member of the committee who has a bone to pick with post-structural thought. Don't exaggerate the uniqueness of your work. Finally, resist telling us that your work emphasizes the ways that race, class and gender intersect. We're glad to hear it, of course, but find a way to make that point in a narrative that actually shows how your work demonstrates the methodological relevance of this thought.

Do your homework about the department. Is there something you do that they need? For example, although your dissertation is not in the field of Western history, did you TA for a western historian, and could you offer a seminar in that field? Imagine that you could, and write about it. Conversely, if you have choices about how to sell yourself (for example, if the ad is broadly written as "Twentieth Century United States") and your research implicates several fields, don't, for God's sake, sell yourself as a women's historian if there are already three in the department. Instead, sell yourself as a political/cultural/intellectual historian, so that you don't get ruled out because "we have too many of those." Furthermore, if it is clear you really can do women's history, you become a "stealth hire": i.e., someone who can be sold to a broad audience of colleagues whose preferences are -- shall we say -- conventional; but who the women's historians will want to interview in the hopes that you are "one of us."

You don't need to sell yourself as a teacher in the letter. This is what the interview is for. I know, I know -- the latest thing is the "teaching portfolio," and you may indeed have to do this time-consuming task, but the point of the job letter is to sell yourself as a scholar. The only thing most of us want to know is that you are smart. And we want to know how smart, not how interactive your classroom is, or how well you use Power Point. A single paragraph describing the courses you have taught and will teach is sufficient. Do avoid overly sincere phrases like: "I believe in the Socratic method;" "I am student-centered;" and "My pedagogical epistemology centers class discussion."

Do make it clear in the opening paragraph of the letter what job you are applying for. Do not imagine that this is the only search going on in the department, even if it is the only search for you. A committee chair, or worse, the very busy department or program chair, or even worse, the departmental secretary, should not have to guess which search your application should be filed under. Even though you may think it is obvious, it isn't always, particularly if you are applying to an interdisciplinary program or a large department with several subfields.

Oh yes -- and for god's sake, use letterhead. Your department letterhead, the letterhead from the school where you are teaching a course for $2300 -- whatever letterhead you can get your mitts on. A job application on blank paper, in a blank envelope, can't help but remind its recipient of a chain letter or some other degraded piece of mail. And do not send anything by email unless invited to do so: this is incredibly lazy and annoying, and invites someone to screw up your file by not printing things out properly. While first impressions are by no means decisive, you do not want to convey that you are a confidence man from Nigeria, or that you are desperate.

Even if you are. Desperate, I mean.

Good luck.

October 8, 2007

From the Department of Old Fashioned Fun

“Trends in Badware 2007: What internet users need to know.”

From stopbadware.org:

StopBadware is proud to release our 2007 update on the state of badware on the web – “Trends in Badware 2007: What internet users need to know.” The short report is a plain-English explanation of badware threats to user privacy and security, based on our research over the past year. It explains online security issues such as compromised websites, social networking scams, and other badware trends that pose significant risk to the average internet user.

For many visitors to StopBadware.org, threats such as legitimate websites that have been hacked to distribute badware may not be news. We’re hoping our security-conscious visitors will help us spread the word to those who aren’t yet aware of the dangers. “Trends in Badware” is written with nontechnical internet users in mind – folks who love using the internet, but who may not yet have learned about newer badware threats. ...

RIAA pressure on universities causing major headaches, expenses

Pre-Litigation Letters Put Colleges Between a Rock and a Hard Place - Chronicle.com

Pre-Litigation Letters Put Colleges Between a Rock and a Hard Place

This week The Badger Herald, the University of Wisconsin at Madison’s student newspaper, profiles “Elizabeth,” one of the growing number of college students who have received pre-litigation notices from the Recording Industry Association of America. The piece is well worth reading: It sheds a lot of light on how the notices, which encourage students to settle file-sharing claims out of court, are putting colleges in sticky situations.

In Elizabeth’s case, the university seemed to be doing everything right. In March, Wisconsin received 16 of the pre-litigation notices, each intended for a different student. Instead of just forwarding the letters to the students, campus officials convened a small meeting during which they encouraged the students to seek legal counsel (made available free through an affiliate of the university’s law school) instead of settling quickly out of court.

According to many IT-policy experts, that was exactly what colleges should be telling their students. But Elizabeth says the advice backfired. By the time she had consulted with lawyers and decided to settle anyway, the RIAA had taken its offer of a “discounted” settlement, made in the pre-litigation notices, off the table. The student says she ended up having to pay $1,000 more than if she’d just settled right off the bat, and she’s not thrilled about the money she lost.

“I felt like the university was trying to fight with the RIAA,” she told the Herald, “and I was what they used to fight them.”

It’s understandable that Elizabeth feels frustrated. But for Wisconsin officials, this is precisely the sort of no-win situation that some campus administrators envisioned at the onset of the RIAA’s pre-litigation campaign. Few colleges will feel comfortable pushing students toward out-of-court settlements. But if those institutions urge students to explore all their options before settling, and the advice doesn’t pan out, they run the risk of upsetting students caught in the crossfire. Now that the RIAA has made clear that its discounted settlement offers really are short-term deals, what should colleges be saying to students who receive pre-litigation letters? —Brock Read

October 7, 2007

"Google Eau de Toilette for Men"

google1vf1.jpg
google2hl9.jpg

I guess women don't want to smell like search engines! From here.

October 6, 2007

Jeb Bush Decries Incivility of Politics During Outlaw Lecture

No, seriously.

Web Economy Bullshit Generator

Here! Whiteboard scalable deliverables, aggregate transparent action-items and matrix web-enabled infrastructures via Arse Poetica.

Case Will Challenge Parody Rights

As many readers of Sivacracy are already aware, the Supreme Court endorsed transformative parody as a "fair use" of copyrighted works in Campbell v. Acuff-Rose in 1994. This holding was adopted and arguably expanded in later cases, most notably Suntrust v. Houghton Mifflin. The parody song in Acuff-Rose was arguably offensive to women. The parody in Suntrust arguably framed the novel being parodied, "Gone With The Wind" as racist. Whether a parody is still "fair use" when it is accused of being anti-semitic will now be vetted by a court if the case described here goes to trial. Below is an excerpt from the linked article:

... In a lawsuit filed Wednesday in U.S. District Court in Manhattan, music publishing house Bourne Co. aims to stop the program's distribution. The suit accuses Twentieth Century Fox Film Corp., Fox Broadcasting Co., the Cartoon Network and others of copyright infringement. It seeks unspecified damages.

The lawsuit said that in 2000, the defendants included the parody, "I Need a Jew," in an episode of the Fox television animated series "The Family Guy."

The episode, titled "When You Wish Upon a Weinstein," relied on the premise that the main character could not manage his family's finances and needed to hire a Jewish person to take care of his money, the lawsuit said.

During the episode, the main character, Peter Griffin, sings "I Need a Jew," which the lawsuit called a thinly veiled copy of the music from "When You Wish Upon a Star," accompanied by new anti-Semitic lyrics. ...

The WSJ covered the story here, and quotes Fordham law prof Joel Reidenberg as follows:

The Law Blog checked in with Fordham Law IP professor Joel Reidenberg, who says that Bourne has a pretty good case here, particularly if it can prove that the allegedly infringing work has harmed the market for the song.

“It looks like Bourne has a good case, but it will have to be able to demonstrate that this parody has harmed the value of its original song,” Reidenberg told the Law Blog. “Now I think the fact that the use was so anti-semitic will be very helpful to Bourne in showing that it was not an appropriate fair use.”

I'll go on the record as disagreeing with Joel about this. The First Amendment values that are supposed to imbue fair use determinations ought to mean that Fox prevails even if Bourne can show that the parody harmed the value of his copyright in some way, which strikes me as somewhat of a dubious claim for which the evidence is apt to be highly contrived and convoluted.

October 4, 2007

Say It Aint So

I rarely think in three-letter acronyms. I'm a big words kind of gal. But when I saw "Dipnote" as the name of the new State Department weblog, I could only gasp "OMG!" in response. Don't they realize that the word "dip" often goes in front of other uncomplimentary words? And yet they chose to name "the State Department's first-ever blog" something that makes anyone with half a nervous system titter.

Indeed, as The Washington Post reports, n00bs at the State Department are posting breathless comments like "Another busy day in New York!" and "I'm exhausted!" from their diplomats rather than substantive analysis and the presentation of primary sources by posting links and images. Amazingly, Undersecretary for Public Diplomacy and former George Bush speechwriter Karen Hughes is describing herself as a guest of "The 'Oprah' of Indonesia" on the blog to describe her agency's new media presence.

Frankly, when it comes to federal agencies, I just don't understand how college-educated people under the age of ninety could continue to put such consistently terrible material on the Internet. Are there now questions on the Federal Civil Service examination designed to screen out people with online lives much as they try to screen out potential employees who might go postal?

I've sort of come around to forgiving them for their terrible treacly children's websites with stupid cartoon characters and games. After all, maybe they don't have children. Maybe they don't know any children. But these people in Public Diplomacy only have one job: advertising the agenda of the United States in the best possible way. The Pentagon as usual has been leading the way, as it does with everything in this administration, by having within its New Media Directorate an office that's being called "Blogosphere Initiatives."

In any case, I think I may already have a "winner" for 2007 in the Public Diplomacy category of my annual awards for bad government media-making, the Foleys.


So I've made my own new and improved State Department Blog, Dopenote.

Update: I found this amazingly vapid statement of purpose on Government Executive to describe the program: "Dipnote" aims to give Net surfers an insider's view of diplomacy and diplomats with informal, chatty posts from key senior players in Washington and abroad as well as a younger generation weaned on e-mail for whom traditional cable traffic communication is foreign." Apparently, they've gone through several iterations of the name, including "Diploblog," and that the man behind the scenes is "thirty something" Frederick Jones.

(Check out what British diplomats are doing with the web and their generally more audience-respectful and Internet-savvy approach here.)

Cross-posted at Virtualpolitik.

October 3, 2007

The Confluence of Online Dating, Copyright Law and Child Pornography

All brought together in the RIAA's legal campaign against unauthorized music downloading. From Wired.com:

Is 30-year-old Jammie Thomas of Minnesota also a Kazaa user named Tereastarr, who allegedly downloaded and shared copyrighted music?

The Recording Industry Association of America says she is, making her liable for perhaps millions of dollars in damages in the first RIAA copyright case to go to trial. The recording industry lobbying arm first adopted its zero-tolerance piracy policy and began suing thousands on infringement allegations four years ago. The bulk of the cases have settled, been dismissed or are pending.

According to testimony here Tuesday, Tereastarr is the username that Thomas uses on Match.com, on her e-mail addresses, and on web site logins. The RIAA put on compelling evidence that the Tereastarr on the Kazaa filesharing network, who allegedly shared 1,700 digital music tracks, is also Thomas, a Native American single mother of two who works as an administrator at a nearby tribe here.

The RIAA's witnesses testified that the internet protocol address assigned to Thomas by her ISP the night of Feb. 21, 2005 was the source of the shared songs on the Kazaa network. The RIAA also put on evidence that the cable modem used that night was registered to her. Also, the username of Tereastarr was logged into Kazaa using that IP address and modem that evening, according to testimony. And the RIAA points out that Thomas had her computer hard drive replaced some time before turning it over in evidence.

"She gave that to us so our experts could inspect it," RIAA attorney Richard Gabriel told jurors.

But will nine of 12 federal jurors, all that is needed, vote to find Thomas liable for copyright infringement and as much as nearly $4 million in fines? Regardless of all the expert testimony and the forensics, the industry cannot demonstrate that Thomas was physically at the computer that evening in question.

"Did you people actually observe defendant infringing?" defense attorney Toder asked Jennifer Pariser, Sony BMG's anti-piracy chief, who took the stand for about 90 minutes.

Pariser did not directly answer. "It's very clear to us ...that she infringed our sound recordings," she testified.

Tracks by Janet Jackson, Green Day, Guns 'N Roses, Journey, Destiny's Child, and others are at issue in the case. The industry is basing its lawsuit on 25 shared files, although Tereastarr allegedly distributed as many as 1,700 songs.

Jurors often convict perverts for downloading child porn based on the same type of forensic evidence being produced in the Thomas case here. This case might answer whether civil jurors hearing that type of evidence will find an internet user liable for copyright violations. ...

Read the rest here.

October 2, 2007

Illegal Downloading PSA

Snakes on a Plane...with an all-star cast!

The death of 'Exile on Main Street?": What good is an album in a age of technological liberation?

There was an interesting debate during the late summer that I am just now catching up on. It was about the potential degradations facilitated by the new "freedom" of consumer choice in digital form. Have we lost the album? Was the album a better container for artistic expression?

Clay Shirky fights the nostalgia by showing how popular certain tracks from Exile on Main Street are on ITunes:

exile.png


... While we can’t get absolute numbers from this, we can get relative ones — many more people want to listen to Tumbling Dice or Happy than Ventilator Blues or Turd on the Run, even though iTunes makes it cheaper per song to buy the whole album. Even with a financial inducement to preserve the album form, the users still say no thanks.
The only way to support the view that Exile is best listened to as an album, in other words, is to dismiss the actual preferences of most of the people who like the Rolling Stones. Carr sets about this task with gusto:

"Who would unbundle Exile on Main Street or Blonde on Blonde or Tonight’s the Night - or, for that matter, Dirty Mind or Youth and Young Manhood or (Come On Feel the) Illinoise? Only a fool would."

Only a fool. If you are one of those people who has, say, Happy on your iPod (as I do), then you are a fool (though you have lots of company). And of course this foolishness extends to the recording industry, and to the Stones themselves, who went and put Tumbling Dice on a Greatest Hits collection. (One can only imagine how Carr feels about Greatest Hits collections.)

I think Weinberger’s got it right about liberation, even taking at face value the cartoonish version Carr offers. Prior to unlimited perfect copyability, media was defined by profound physical and economic constraints, and now it’s not. Fewer constraints and better matching of supply and demand are good for business, because business is not concerned with historical continuity. Fewer constraints and better matching of supply and demand are bad for current culture, because culture continually mistakes current exigencies for eternal verities.

Shirky is, as usual, convincing on first look. But I still feel unease at the notion that the album is merely a technological relic. Clay uses the relative popularity of particular tracks from ITunes. But what if those of us who appreciate the album as document, or the whole package, choose not to use ITunes? What if we buy the CD (as I still do)?

That ITunes customers like "Tumbling Dice" more than "Rip this Joint" does not mean much. Besides, wouldn't any album's song popularity profile be roughly in proportion to each song's rank on the list? People click on the first song they see that they remember.

iCommon iSense from Michael Madison

From iPhone to iBrick at madisonian.net: a weblog about law, technology, and society:

Apple sells you an iPhone with a contractual restriction that limits you to using one and only one telecom carrier. You hack the iPhone to unlock it, so that you can choose a different carrier, or use the iPhone without choosing a carrier at all. Apple swiftly delivers a software “upgrade” to the iPhone, rendering some hacked iPhones inert. According to the Times:

Since Monday, Apple officials have been warning iPhone owners that using unlocking software could cause the phone to become “permanently inoperable when a future Apple-supplied iPhone software update is installed.” But in many cases those warnings went unheeded.

People who had unlocked their phones to use them with another carrier ran the greatest risk of, in techie terms, having them “bricked” — rendered about as useful as a brick. Most of those who committed the lesser transgression of installing programs not authorized by Apple simply had those programs wiped out.

Whether or not this is “legal” on Apple’s part isn’t the interesting question. The interesting question is whether the seller of a product should have the power to redefine the character of an object that the buyer paid for and took possession of. (This need not even be seller and buyer; we could make it licensor and licensee, or donor and donee.) Assume that Apple gave wide and clear warnings and that iPhone buyers freely and knowingly assented to terms that prohibited unlocking and hacking the devices. Does Apple nonetheless have an obligation to ensure the basic integrity of the “thing” that iPhone buyers purchased? Once an iPhone always an iPhone, so to speak, so that any later “upgrades” might tweak it from a feature or security standpoint but not make it “not an iPhone”? I’ll save until later the challenging problem of expressing the point in conventional legal doctrine — because I’m not sure that it can be done. But it’s pretty odd to imagine that the seller of your refrigerator might lawfully find a way to “upgrade” the machine so that it doesn’t cool food.

October 1, 2007

Hillary Hating on the Left

From Frank Rich, from Barbara Ehrenreich, and big time from Maureen Dowd (assuming for the sake of argument she is on the left).

How it feels to be a sports fan

Tenured Radical: Things You Don't Know About the Radical

Things You Don't Know About the Radical

I am from Philadelphia.

I received my first official Phillies hat for my sixth birthday.

I went to my first game, at Connie Mack Stadium, that summer. My mom taught me to keep a box score and yell "Pitcher's blowed!" at the opposing hurler. I watched every game on TV that I could, keeping the box score for the whole season. The games that weren't on TV, I listened to on the radio. That was 1964. Do I need to explain the significance of this date? There are people in Philadelphia who are more permanently damaged by 1964 than by their own birth trauma.

I once watched Dick Allen foul off twenty pitches in a row, deliberately and with precision, as Philadelphia fans booed him lustily. This was a little-known event in the struggle for African-American civil rights, but an event all the same.

I listened to Jim Bunning's no-hitter on Mother's Day.

There was a time in my life I thought Astro-Turf was the most beautiful thing in the world.

In 1980, when the Phillies won the World Series, I started to weep as Tug McGraw faced the final batter, and I didn't stop crying for an hour.

During one of my father's hospitalizations that led eventually to his death, my mother and I would occasionally leave in the evening, and go down to Veterans Stadium spontaneously, to have hot dogs and beer for dinner and watch the game. We didn't talk much: we just watched the game.

I now live in this god-awful part of the country where the only question people ask me is "Yankees or Red Sox?" And in fact, if I lived anywhere north of here, all the way to the Canadian border, or anywhere south of here, all the way to Staten island, they wouldn't even ask. The team to the North is just as hopeless as the Phillies; the team to the South is evil. As they say in South Philly, "Whaddayagonnado?"

I vowed not to follow the Phillies closely this year, as they grimly hung in within 8 or 10 games, losing franchise players to injury and having the same slightly-better-than-average pitching rotation they always have. This year they didn't even have a Jim Bunning, a Steve Carleton, a Curt Schilling -- brilliant guys who would gut out 1-0 victories, sometimes notching RBI's to make it happen, in years their teammates couldn't hit their shoe size.

And yet. A month ago, after a small losing streak, I couldn't help but notice that my Phillies were starting to pull themselves together, as they always do in August, lighting that beacon of hope that raises blood pressure from Wilmington to Trenton, from Allentown to Princeton, causing all of us to say casually, "Oh yeah, I think I'll watch the first couple of innings tonight."

Incredibly, the Mets have gone into a Phillies-like season end collapse. This morning I found myself in the car, on my way to rowing practice at 5:15, pumping my fist wildly and screaming "YEAH!" Why?

Because I heard on the radio that the Phillies tied the Mets for first last night.

I have two responses.

Dear God, no not again. And:

If I believe in them with all my heart, somehow they might just do it. There is no choice not to commit. One more time.

Congratulations, Philly fans. Wow.