The Conservatism of the Anti-American Left

The Ian Buruma article in the Financial Times is great stuff. He makes the point, quite convincingly, that the isolationism and anti-Americanism that’s so fashionable on the left these days is more reminiscent of conservatism than liberalism. Gore Vidal is now a blood-brother of Henry Kissinger, in other words. But you knew that. Via Roger … Continue reading “The Conservatism of the Anti-American Left”

The Ian Buruma article in the Financial Times is great stuff. He makes the point, quite convincingly, that the isolationism and anti-Americanism that’s so fashionable on the left these days is more reminiscent of conservatism than liberalism. Gore Vidal is now a blood-brother of Henry Kissinger, in other words. But you knew that.

Via Roger L. Simon, et. al.

Calling Justice Scalia

So a three-judge panel of the ultra-left Ninth Circuit wants to delay the California recall until March, the better to keep Davis and the unions in power. The argument? Punch-card voting disadvantages minorities: SAN FRANCISCO (AP) – A federal appeals court postponed California’s Oct. 7 gubernatorial recall election, ruling the historic vote cannot proceed as … Continue reading “Calling Justice Scalia”

So a three-judge panel of the ultra-left Ninth Circuit wants to delay the California recall until March, the better to keep Davis and the unions in power. The argument? Punch-card voting disadvantages minorities:

SAN FRANCISCO (AP) – A federal appeals court postponed California’s Oct. 7 gubernatorial recall election, ruling the historic vote cannot proceed as scheduled because some votes would be cast using outmoded punch-card ballot machines…

In other lawsuits, civil rights groups unsuccessfully fought to move Proposition 54 to the March ballot to give minorities more time to study it. In addition, some counties, to cut costs and conduct the election on a hurry-up schedule, were reducing the number of polling places, a move civil rights groups said would disenfranchise minority voters in areas with low voter turnout.

This is an absurd ruling because it fails to balance the real harm done by leaving Davis in power another five months with the imaginary harm of punch-card voting, which we’ve used for years. The first time voters use touch-screen voting, errors will be higher than they’ve been with punch cards, but the Ninth is a little too lame to see that.

It’s an idiotic decision. Read it here.

A lesson on copyright

Law professor Jim Maule tries to convey a lesson on copyright to the zealots on Wellbert Declan McCullagh’s Politech e-mail list. Here’s one of his yeoman efforts: Whatever Jefferson has said, the Constitution gives Congress the power to give copyright protection to the fixed forms of ideas. It is the fixed manifestation and the right … Continue reading “A lesson on copyright”

Law professor Jim Maule tries to convey a lesson on copyright to the zealots on Wellbert Declan McCullagh’s Politech e-mail list. Here’s one of his yeoman efforts:

Whatever Jefferson has said, the Constitution gives Congress the power to give copyright protection to the fixed forms of ideas. It is the fixed manifestation and the right to copy it that is protected, not the idea or the thought. Hopefully Declan will post this so that the discussion can re-focus on the point I think you made and that I think you made again (in your suggestion that the pirates aren’t the cause of revenue loss and in your point concerning the burden on the owners of information to invent new business models).

When the law grants a right, whether in title to real property or the right to copy, it is a violation of that law to act, without permission and without privilege, in a manner that denigrates those rights. In this regard, it makes no difference whether a right attaches to physical property or the manifestation in physical or digital form of an idea or the intangible “right” to own real property or to copy or fix an idea. The specifics of remedies, proof, and procedure may vary, but an intrusion on a right is an intrusion whatever the right.

I am not arguing for a perpetual copyright, as my careless articulation in my original posts seems to say. I corrected that in a followup.

Nor am I arguing that the term provided under existing law necessarily is the best, or ideal, or good for business or the economy. But I do argue that just because a person does not agree with a law is not in and of itself justication to ignore it.

The notion that the owners of copy rights need to rethink their business model because modern technology has made it easier for pirates to steal the profits flowing from the right to make copies (and that their failure to do so excuses the theft) is like saying that the creation of better lock picking tools means that those who don’t change their security system excuses the thieves. This is a natural consequence of the “blame the victim” mentality that permeates our culture. Sure, some copyright owners have exploited artists and consumers. That’s not enough to sanction P2P schemes that infringe on all sorts of artists, publishers and copyright owners (many of whom are not big Disneys).

How you can suggest that file swappers aren’t eating into CD sales boggles me. Who has to prove what is a different matter, and yes, the burden is on the RIAA. That the decline in sales matches the growth in the Internet and P2P and other file sharing schemes isn’t a coincidence. No one believes that in the absence of the technology the swappers would not have purchased CDs.

So I’d be happy to hear you say that you think the file swappers are violating the law and violating the copyrights. And then say you understand why they do that although you don’t think that makes it right. Then we’d be fairly close to having the same position. If that is what you are saying, then I apologize for mis-interpreting your earlier post and this one.

Declan’s people are mighty dense, so you have to admire the Professor’s patience. Music stealers know what they’re doing is wrong, which is why they try to justify it by claiming to be stealing only from the Big, Evil RIAA. But they’re also stealing from the little artist dudes, and they need to be reminded that that’s wrong.

Fisking PBS

Mr. Jarvis takes down a pompous and smarmy PBS show blaming 9/11 on globalization in the New York Post today: No, on that day, 19 fanatics killed 3,000 innocents. That is the story of 9/11, not this PBS version. I haven’t seen the PBS who yet, but the title- The Center of the World – … Continue reading “Fisking PBS”

Mr. Jarvis takes down a pompous and smarmy PBS show blaming 9/11 on globalization in the New York Post today:

No, on that day, 19 fanatics killed 3,000 innocents. That is the story of 9/11, not this PBS version.

I haven’t seen the PBS who yet, but the title- The Center of the World – annoys me. I have the sole copyright to this term outside of Delphi, and PBS didn’t ask for permission to use it.

Tristin’s story

No remembrance of Sept. 11th is complete without a reread of Dr. Frank’s friend Tristin’s letter. It’s about how the events of that day crystallized her political evolution, among other things.

No remembrance of Sept. 11th is complete without a reread of Dr. Frank’s friend Tristin’s letter. It’s about how the events of that day crystallized her political evolution, among other things.

I remember it clearly

I was awakened on the morning of Sept. 11, 2001, by a phone call from my daughter Katie. She was nervous, barely able to talk, and crying. She said she just wanted to let me know that her sister Grace was OK. Not knowing what had happened in New York — I lived in California … Continue reading “I remember it clearly”

I was awakened on the morning of Sept. 11, 2001, by a phone call from my daughter Katie. She was nervous, barely able to talk, and crying. She said she just wanted to let me know that her sister Grace was OK. Not knowing what had happened in New York — I lived in California and I’m a late riser — I didn’t know why she wouldn’t be. Grace was flying home that morning from New York City, but she’d flown several times half way around the planet and had criss-crossed the country dozens of times shuttling between parents in different states, and I’d long ago concluded that there are few places you can be that are safer than a Jumbo Jet at 28,000 feet above the noise.

But this wasn’t an ordinary flight. Grace had been supposed to fly out the day before, but bad weather and cancelled her flight and she’d been given a choice between a United flight – 93 – and a Delta flight to San Francisco. Having been made to circle Denver for an hour and then having to sit and wait for more hours with no news before boarding a connecting flight to Texas, all by United, she took the Delta flight and saved her life. Never has bad airline service been so important. She never made it to California because her flight was grounded in Omaha, the same city where the President stayed that night, and after a couple of anxious days she was able to get a bus back to Philadelphia, where her cousins took her back to New York where she goes to school. It was a long time before Grace would fly again.

“Turn on the TV, dad,” my daughter said to me, and like millions of other Americans I spent the next several hours transfixed by images of suicide bombers crashing planes full of unsuspecting passengers into office buildings full of unsuspecting workers. When watching TV turned out to be useless, I hit the Internet and gathered news about who’d done what and how much damage they’d caused from live reports posted in Usenet, The Well, and the blogs. I stumbled to work and sat stunned at a computer for the rest of the day amid a great hush interrupted only by the rustling of American flags printed on sheets of paper being pinned to the cubicle walls at 3Com. Small groups of people clustered in the hallways after a while, shaking, breaking out in tears, and trembling with rage.

I’ve seen a lot of the world outside the United States, living in Libya as a child and in India, Singapore, and Malaysia as an adult, and I’ve seen a lot of politics as a former lobbyist in Sacramento, but this was beyond politics. It was also beyond the usual goofy fanaticism of the Muslim religion with its call to prayer five times a day, its strict dietary rules, its fear of women and its maniac fasting month when people sit on the curbs in Malaysia with bags of fruit juice in their hands waiting for the Imam’s call to break their fast at the official sunset. This was insanity and a viciousness that breaks all the human boundaries around conflict and war and aggression. This was a direct attack on perfectly innocent people who had no stake in the governance of the Middle East, no responsibility for the backward condition of Arab states shackled to outmoded values by corrupt mullahs and political leaders mis-educated in Western universities suffering under the burden of fashionable ideas long ago and no interest in oppressing their counterparts halfway around the planet. This was beyond all of that, a new standard of bad behavior that could only be captured in old-fashioned words like “evil”.

We were lucky to have a simple-minded president who didn’t need to pass himself off as a pseudo-intellectual and was therefore able to call it by its name, to rally the country back to consciousness with a set of truly inspired speeches over the next few days and weeks, to build a sense of national unity and determination to strike back with appropriate force without fanning flames of hatred to a fever pitch. His finest moments were at the National Cathedral where he spoke against the background of a choir singing “The Battle Hymn of the Republic” and before a meeting of Congress where he recognized the friendship of Prime Minister Blair. The military performed brilliantly in Afghanistan and then in Iraq, and the sponsors of terrorism got the message that America was not the weakling they thought it was and that we’re not interested in feeling the pain of others when we’re overcome nearly to exhaustion with our own.

Never again. We’re no longer asleep, and no longer so obsessed with our personal issues and our comfort and our 401Ks that we’ll sit quietly as our airplanes are hijacked and our children and fathers and mothers and sisters and brothers and neighbors are murdered. We understand the nature of the enemy we’re up against, and we’ve decided to face him, once and for all, with resolve and clarity and determination.

That doesn’t mean that we’ve stopped being the people we were, that we’ve surrendered our civil liberties or that we’ve gone to lynching everyone who looks like an Arab or a Muslim. We’re in the political high season again, and the President’s critics are all over the nation, nine of them assembling to compete with each other to condemn him and his friends and policies in the most crass and venal language they can muster. But that’s OK, they’re allowed to do that without fear of being detained or tortured or murdered, which is still a damn sight better than they’d be treated in the Taliban’s Afghanistan or Saddam’s Iraq or the Iran of the mullahs or the Korea of madman Kim Jong Il. And it’s not remarkable that they’re free to speak and act as they do, this is America and we’re tolerant and self-critical.

And certainly there’s a great deal to hold the President accountable for, a massive federal deficit, a still-sputtering economy just starting to show signs of life and some hard policies to swallow with no-bid contracts in Iraq and all the usual compromises between quality of life and a vibrant economy. So we criticize, and we ask him to do better, and we shake our fists at him, as we always do to the man in the White House, whether he deserves it or not. But we do this inside a perspective that we didn’t have before those planes struck those towers and so many people fell apart emotionally or were killed. We know that when the heat is really on, our President, like the rest of us, can dig deep and find his moral center and emerge to act with clarity. But more than that, we have a sense of our unity as Americans that we’d come close to losing in our squabbles between this idea and that and this group and that and in our general complacency.

This sense of unity is a gift that we gained at a very, very high price, and we’d do well not to squander it again, lest the next time it’s returned to us we find the price is too high. So let’s see if we can’t go about our political business with our rhetoric turned down a notch, the better to focus on what unites us and how we move our country and the rest of the world forward and in the right direction. We don’t have to keep our rage and our fear, but we’d better not move all the way away from them as long as we have so much to do in the way of calming the terror and the fanaticism that still grips so much of the world.

We have so much to do that we need all of best minds engaged in the work, regardless of their party or their religion or the color of their skins. What unites us will always be stronger than what divides us, and we can’t afford to forget that — our very survival is in the balance.

Never forget.

Sunday funnies

Check out the Sunday funnies at Begging to Differ, on Sunday. Here’s the announcement: We are pleased to announce that this Sunday, September 14, Begging to Differ will present our first-ever Sunday Comics feature. Several of the funniest and most provocative online comics will be presented in this space. The selection includes, but is not … Continue reading “Sunday funnies”

Check out the Sunday funnies at Begging to Differ, on Sunday. Here’s the announcement:

We are pleased to announce that this Sunday, September 14, Begging to Differ will present our first-ever Sunday Comics feature. Several of the funniest and most provocative online comics will be presented in this space.

The selection includes, but is not limited to: Day By Day, Achewood, and Squaresville.

How predictable was this?

The ersatz civil liberties champions at the EFF are true to form in the wake of the RIAA suits against music thieves: trolling for memberships. Here’s the pitch: Join EFF and support our efforts to protect file-sharing. But of course — pay the EFF and you get free music for life. What a deal. Sorry … Continue reading “How predictable was this?”

The ersatz civil liberties champions at the EFF are true to form in the wake of the RIAA suits against music thieves: trolling for memberships. Here’s the pitch:

Join EFF and support our efforts to protect file-sharing.

But of course — pay the EFF and you get free music for life. What a deal.

Sorry guys, but we don’t need you screwing the recording artists, the record companies have already got that covered.

Song stealing suits commence

The RIAA has finally started suing major music thieves, starting with a few hundred people who’d each “shared” over a thousand tunes. One file thief’s reaction was typical: Another defendant, Lisa Schamis of New York, said her Internet provider warned her two months ago that record industry lawyers had asked for her name and address, … Continue reading “Song stealing suits commence”

The RIAA has finally started suing major music thieves, starting with a few hundred people who’d each “shared” over a thousand tunes. One file thief’s reaction was typical:

Another defendant, Lisa Schamis of New York, said her Internet provider warned her two months ago that record industry lawyers had asked for her name and address, but she said she had no idea she might be sued. She acknowledged downloading ?lots? of music over file-sharing networks.

?This is ridiculous,? said Schamis, 26. ?People like me who did this, I didn?t understand it was illegal.?

?I can understand why the music industry is upset about this, but the fact that we had access to this as the public, I don?t think gives them the right to sue us. It?s wrong on their part,? said Schamis, who added she is unemployed and would be unable to pay any large fine or settlement.

OK, perhaps she was genuinely in the dark and didn’t know that what she was doing was wrong. Perhaps those of us who know better can help those who don’t understand this behavior by calling it by its name. So from now on, instead of calling it “file sharing” let’s call it “song stealing” the better to educate the masses. It’s the responsible thing to do.

Here’s a statement from songwriter Hugh Prestwood on song stealing:
Continue reading “Song stealing suits commence”

Invalidating Cable Internet

Two law professors, Lawrence Lessig and Tim Wu, have filed a pleading with the FCC seeking to invalidate the architecture of cable Internet access networks. Click on this link for a discussion is its demerits.

Two law professors, Lawrence Lessig and Tim Wu, have filed a pleading with the FCC seeking to invalidate the architecture of cable Internet access networks. Click on this link for a discussion is its demerits.