Professor David Post on the Republican Study Committee's prematurely-released-then-removed copyright critique
David Post, writing at The Volokh Conspiracy:
The Report proposes a series of rather radical — in the Jeffersonian sense — reforms, from dramatically shortening the copyright term (a no-brainer, actually) to expanding fair use and limiting the damages from infringement claims.
The report’s recommendations don’t go quite as far as my suggestion that fair use should be assumed rather than merely an affirmative defense, but Professor Post is right to highlight the opportunity for the GOP to differentiate on this issue.
In fact, I’m not sure there is much in there with which I would disagree, excepting the over-the-top (and even italicized) final sentence of the report’s conclusion:
Current copyright law does not merely distort some markets – rather it destroys entire markets.
That’s wrong. The current US copyright regime limits access, hinders creativity, and dampens innovation, thereby frustrating copyright’s Constitutional purpose. That fact, and I do consider it a fact, must be the foundation of the copyright reform we need in this country.
$22.5M FTC fine against Google for Safari tracking
$22.5M FTC fine against Google for Safari tracking
Michael Liedtke, writing for Associated Press:
In the Safari case, Consumer Watchdog argued that the fine amounts to loose change for a company like Google, which generates about $22.5 million in revenue every four hours.
It’s a very good deal for Google, especially because they don’t need to admit liability. It’s a decent deal from the FTC’s perspective, as well, because it’s (sadly) the largest fine they’ve ever levied in this context. I’m not sure how effective it’s going to be, but if you’re unnerved by Google’s privacy issues, there’s always DuckDuckGo.
Xbox 720 leak: Blu-ray, Kinect 2.0, new controller
Xbox 720 leak: Blu-ray, Kinect 2.0, new controller
I don’t typically post rumors or leaks, but this stuff is exciting to me, so here it is, for whatever it’s worth to you.
Streaming music to listeners, but not money to artists
Streaming music to listeners, but not money to artists
Galaxie 500 drummer Damon Krukowski1, writing at Pitchfork:
Since we own our own recordings, by my calculation it would take songwriting royalties for roughly 312,000 plays on Pandora to earn us the profit of one— one— LP sale. (On Spotify, one LP is equivalent to 47,680 plays.)
I’m a happy user of Rdio, which is Spotify’s primary competitor. My fiancée and I pay $17.99 per month for Rdio’s unlimited streaming and downloading to our phones. At first glance, Mr. Krukowski’s article calls the morality of that set-up into question, particularly for someone who wishes he could make a living on his own music.
Some streaming subscribers probably buy more records than non-streamers as a result of discovering new musicians or getting so attached to a record that streaming it just isn’t enough. But Mr. Krukowski casts serious doubt on the idea that streaming can, in any way meaningful to artists, replace the CD/vinyl/iTunes mode of music distribution.
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I came across Mr. Krukowski’s article via a post about it on The Candler Blog by Jonathan Poritsky. ↩
Philly is lost-phone central
This includes theft and just plain misplacement. I’m more of a dropper myself. Just ask my twice-cracked Galaxy Nexus.
I’m not proud, but disclosure will help shame me into being more careful.
Sprint buys spectrum and 585,000 customers from U.S. Cellular for $480m in cash
Sprint buys spectrum and 585,000 customers from U.S. Cellular for $480m in cash
Each subscriber Sprint buys from US Cellular in this deal will cost them $820.51.
EFF's pre-emptive prior art defense of 3D printing
EFF’s pre-emptive prior art defense of 3D printing
It’s a great idea, and I hope it yields some useful results.
Twitter and Two-Factor Authentication
Twitter and Two-Factor Authentication
Two-factor authentication is a pain in the ass. Just ask my Google account or my Dropbox account. But it’s a no-brainer. Savvy users will flock to it, seeing the value in the headache. Less-than-savvy users don’t need to be forced into it, but Twitter is as good a platform as any to explain to folks why it’s worth the additional steps to log in sometimes.
Judge blocks California’s new ban on anonymity for sex offender
Judge blocks California’s new ban on anonymity for sex offender
This one is worth watching. With regard to blogs and forums, particularly, there’s a strong analogy with letter-writing and other modes of communication with the “outside” that are typically allowed.
The plaintiffs, two registered California sex offenders, argue that prohibiting their anonymous speech online “even if it pertains to news, politics, and professional activity, and could not possibly be used to commit a crime” violates the First Amendment.
This looks similar to a case I wrote about in October, where a Nebraska federal court tossed a similar law in that state.
I don’t want sex offenders to have access to children online. But these measures do go too far. Maybe registered sex offenders should be required to access the internet via special software that, while it allows anonymity, prevents access to services and sites that reach children.
At the end of the day, the truth is that these laws apply to people who have otherwise served their time, who are “free” in the legal sense, and who no longer labor under the curtailed liberties of institutional imprisonment. That imprisonment is meant to punish them, but also to keep the public safe, to prevent them from moving through public crowds anonymously.
If we have released them from prison, allowing that physical anonymity once again, by what logic do we eliminate their digital anonymity?
I don’t have an answer, but I suspect the issue will reach the Supreme Court sooner rather than later.
The Oxford Guide to Treaties: An Opinio Juris Symposium
The Oxford Guide to Treaties: An Opinio Juris Symposium
If international law interests you at all, particularly the role treaties play, you should click the link above this sentence. Professor Duncan Hollis edited The Oxford Guide to Treaties and is an expert on the topic. I’m currently in his International Law course at Temple Law and his experience and expertise make it a must-take course for anyone considering Temple Law.
Conservatives lambast Romney, vow to take over Republican Party
Conservatives lambast Romney, vow to take over Republican Party
The Hill’s Erik Wasson, quoting Jenny Beth Martin of the Tea Party Patriots:
She described Romney as a “weak, moderate candidate hand-picked by the country club elite Republican establishment […] They didn’t see a clear distinction so they went with what they know,” she said of voters.
"Conservatives" is not an accurate descriptor of Tea Party sympathizers. "Extremists" and "fundamentalists" are better descriptors.
Actually, I think Romney’s farthest-right positions are the very ones that lost him this election. I keep hearing and reading about a growing movement among moderate Republicans (the original and, many would argue, “real” Conservatives) to take back their party.
If that narrative is accurate, and if that movement succeeds, the Republican party has a chance to put someone in the Oval Office in 2016. Those who would prefer a president with an (R) next to their name would do well to show the extremists and fundamentalists in their ranks the door.
"Parallel Thinking in Product Design Will Only Increase"
“Parallel Thinking in Product Design Will Only Increase”
Rain Noe at core77:
When you have an uncomplicated design that’s boiled down to its pure essentials, you approach a kind of universal perfection, and that universality is the tricky part in a world filled with designers.
This is a great point.
Marriage rights tide turns decisively against US bigots
Marriage rights tide turns decisively against US bigots
I hope this is the beginning of an acceleration in the death of “traditional” marriage in the United States of America. Fear, ignorance, and religion are all equally insufficient and shameful excuses to deny universal marriage rights for one more moment.
IMAlive provides online counseling—but at what cost?
IMAlive provides online counseling—but at what cost?
Aja Romano of The Daily Dot:
IMAlive sounds perfect for introverts and those who are more comfortable writing than speaking. And anyone can volunteer to be a counselor, as long as they pass the background check. But there’s a hitch. Potential volunteers have to pay the organization $280 up front—before they even have their first IM session.
There is much in Romano’s article that I didn’t know. It’s worth reading if this issue is important to you, and worth paying strong heed to if you’re considering any association with the organizations it discusses.
Pandora suing ASCAP for lower licensing fees
Pandora suing ASCAP for lower licensing fees
Don Jeffrey of Bloomberg:
Pandora also claims that it’s entitled to lower rates because some large music publishers have announced they are withdrawing new media rights from Ascap and negotiating licensing fees directly with Web radio services.
The times, they are a-changin’.
A Map Of America’s 284 Drone Strikes Against Pakistan
A Map Of America’s 284 Drone Strikes Against Pakistan
Cliff Kuang of Co.Design:
Whatever your stance on drone killings, the fact remains that there’s been very little national dialogue on the topic. Indeed, some would say that’s a direct result of the main problem with the policy: Its complete lack of transparency.
Mr. Kuang points to the New York Times piece from this past June. It’s a good place to start, and taken along with this the infographic, starts to bring the severity of the issue into focus.
Perhaps reasonable people will come to different conclusions, but if you don’t at least have an opinion on this, get one.
Nearly all of Omni Magazine at the Internet Archive
Nearly all of Omni Magazine at the Internet Archive
Adi Robertson shared this at The Verge and it made me very happy. I loved this magazine.