A Funny Thing Happened on the Way to Copyright Reform

CopyrightBehold: the principled conservatives! Behold how they stand up to powerful interests in the name of free markets and free minds! Behold how they fold like a cheap card table the moment those powerful interests open their mouths!

The House Republican Study Committee released a report on Friday calling for reform of our nation’s intellectual property laws. It presented four very good policy prescriptions. First, statutory damages reform. This would stop the ridiculous practice of granting awards before judgement is made—of up to $150,000 per “infringement.” According to Statutory Damages in Copyright Law: A Remedy in Need of Reform (PDF), the courts have interpreted “willful” infringers in a most liberal way (i.e. in a way that helps corporations and screws everyone else).

Second, the House Republican Study Committee suggested that we expand fair use. Third, they say we should punish false copyright claims. This would curtail the tactic of large companies destroying smaller companies with illegitimate copyright lawsuits. And fourth, they suggest that we limit copyright times.

Anyone who regularly reads me will know that I think these are all very good ideas. I don’t think they are nearly enough, but they are movement in the right direction. So let’s hear it for the House Republican Study Committee!

Or not.

The report had been out less than one day when it was pulled. Paul S. Teller, the House Republican Study Committee director, sent out a memo claiming that the report went out without “adequate review.” What’s more, “Copyright reform would have far-reaching impacts, so it is incredibly important that it be approached with all facts and viewpoints in hand.” What do you think those viewpoints might be? Perhaps the viewpoints of corporate copyright holders who cut big checks to House Republicans? (I’m not suggesting that this isn’t also a huge problem with the Democrats.)

This isn’t a bill. This is just a brief. It’s just information. But the corporate overloads can’t even allow us to talk about such things. Because if we don’t talk about it; we can’t do anything about it. And we really must do something about it, or we will be extending copyright further every few years to stop Micky Mouse from falling into that nasty world called Public Domain. Public baaad! Corporate profits gooood!

Santa Claus, Jesus, and the Great Pumpkin

The Great PumpkinWith the holiday season upon us, I want to discuss Jesus and Santa Claus. And The Great Pumpkin. Jesus is much more like The Great Pumpkin than he is like Santa Claus. The reason is that Santa Claus delivers.

Each Christmas, there is physical evidence of Santa Claus. The cookies and milk disappear. The man shows up in shopping centers—with elves and sometimes reindeer. And most of all: presents arrive in the black of night. But don’t get me wrong: children are skeptical. I remember a couple of things that bugged me. First there was the fact that the whole enterprise seemed too large to get done in one night. And then the presents that Santa’s elves built where often in the same packages they were in at the stores. And we did not have a fireplace. But my mother was an excellent Santa Claus apologist, so it was all good.

Compare this to The Great Pumpkin. Linus waits in that stupid pumpkin patch every year and nothing ever happens. But does this cause Linus to renounce His Pumpkinness for the sham he is? No! Instead he blames himself. There was something wrong with his pumpkin patch or he said the wrong thing that offended The Great Pumpkin. It just couldn’t be that The Great Pumpkin doesn’t exist!

One of the biggest religious developments over the past few millennium is the move from magic to gods, or more to the point: spells to prayer. The reason for this is that magic can be disproved. If you cast a spell meant to ensure a good harvest and the harvest is bad: the spell didn’t work. On the other hand, if you pray to a god for a good harvest and the harvest is bad: it’s not the god’s fault; it clearly didn’t find your request deserving. You will continue to pray hoping to get it right. But that holy man who keeps promising food? You can tell he cares: he’s casting the spell. The problem is that he just isn’t any good. (I will allow that from the spell caster’s perspective, it is exactly the same as the prayer: he’s just not saying the right words or some such.)

And that brings us to Jesus. People pray to him all the time for this or that. They even pray for a good harvest! When there is a good harvest it is clear that prayer works! When there is a bad harvest it is clear that prayer works but also that God works in mysterious ways. This works out really well for Jesus & Co. They get all the credit for good things, none of the blame for bad things, and either way the followers are more convinced than ever in the power of their belief.

Atheists often claim that believing in Jesus is very much like believing in Santa Claus. I think this is a great insult to children who believe in gold ol’ St. Nick. If the cookies started collecting ants and the presents didn’t arrive, how long would 5-year-olds continue to believe in him? In fact, most kids do finally figure out that Santa is just a game. There is too much dissonance in the story—too much that just doesn’t add up.

Surprisingly few theists do the same.

Afterword

The same goes for the Tooth Fairy and the Easter Bunny. These are myths who produce the goods! By the way, I think the Tooth Fairy rocks. I mean, a real tooth miner would come in at night and yank the teeth right out of your mouth. But the Tooth Fairy is like a recycler. Very cool!

Also: I found this Christian apologia for why believing in Jesus makes sense when belief in Santa does not, Why do you believe in Jesus but not Santa Claus? In a word, it is pathetic. Most of the arguments aren’t even true in the narrowest of terms. The author states, “The writings concerning Jesus exhibit a historical, cultural, religious, and political context…” This is also true of Santa Claus. Has the man never watched Santa Claus is Coming to Town? But what is most pathetic about the article is that its main argument is, “But Jesus is real and Santa Claus is not!” And that is an argument any 5-year-old could make the other way around. Just because you just know something is true is not evidence for its existence.

What Quint Got Wrong about USS Indianapolis

This is my favorite scene from Jaws:

There are a couple of things about this speech. First, it was not written by Peter Benchley or Carl Gottlieb. The idea for Quint having been on the USS Indianapolis came from Howard Sackler (The Great White Hope). Most of the writing of the speech itself seems to have been done by Robert Shaw himself. (John Milius has also taken substantial credit, but I don’t find that very likely, and not just because I don’t like Milius.) For the record, it is surprising that Jaws was a best-selling novel. It is not that interesting. Most of the drama in the book has to do with the infidelity of Brody’s wife.

Also, what Quint says about the sharks is not really true. Most of the men died of exposure, desquamation (skin peeling), and thirst. There were still a lot of shark attacks and undoubtedly the sharks feasted on the dead as well. The majority of the sharks were not Tiger but rather White Tip. According to one of the episodes of Planet Earth, White Tip sharks are responsible for more human deaths than any other sharks, because of attacks on survivors of downed ships and planes.

Finally, over 300 men died on board the Indianapolis, so only 880 actually went into the water. Roughly 560 died in the water. Of the 321 who were rescued, 317 survived.

Don’t go near the water!

Afterword

This is from Wikipedia and speaks to the intelligence of the Great White shark. Just to clear up what Jaws may have taught you about the shark, “Mr. Vaughn, what we are dealing with here is a perfect engine, an eating machine. It’s really a miracle of evolution. All this machine does is swim and eat and make little sharks, and that’s all.” Not really. Great White sharks are very complex:

Although the great white is typically regarded as an apex predator in the wild, it is in rare cases preyed upon by the larger orca (also known as the killer whale). Interspecific competition between the great white shark and the orca is probable in regions where dietary preferences of both species may overlap. An incident was documented on October 4, 1997, in the Farallon Islands off California in the United States. An estimated 4.7–5.3-metre (15–17 ft) female orca immobilized an estimated 3–4-metre (9.8–13 ft) great white shark. The orca held the shark upside down to induce the tonic immobility and kept the shark still for fifteen minutes, causing it to suffocate and then proceeded to eat the dead shark’s liver. Another similar attack apparently occurred there in 2000, but its outcome is not clear. After both attacks, the local population of about 100 great whites vanished. Following the 2000 incident, a great white with a satellite tag was found to have immediately submerged to depth of 500 m (1,600 ft) and swam to Hawaii.

Michael Hastings Ruining Journalism… Again

Michael HastingsI really like Michael Hastings. Like most people, I learned about him when he published his explosive The Runaway General in Rolling Stone. I didn’t give the article itself that much thought. A reporter had a good scoop. It was the reaction to the article that made me take notice of him. It seemed you couldn’t turn the page of a magazine without being confronted with another journalist explaining why Hastings’ article was a bad thing. Never again would the disgraced Stanley McChrystal trust him.

My opinion of Hastings went even higher when he appeared on Up with Chris Hayes in August and dismantled Josh Barro’s fascist argument against Julian Assange. Even more than Jeremy Scahill, Hastings seems determined to get at the truth regardless (or perhaps because) of powerful interests.

Earlier this week, Hastings wrote an article for BuzzFeed, The Sins Of General David Petraeus. He doesn’t talk much about the sex scandal. In fact, he writes, “For the record: Who really cares whom P4 is sleeping with? The idea that the FBI was investigating his sex life says more about the FBI and our absurd surveillance and national security state than it does about King David’s morality.” Overall, he is understanding of both Petraeus’ and Broadwell’s dalliances.

The problem is not Petraeus’ affair with Broadwell; it is Petraeus’ affair with the media. Hastings then goes through the last ten years of his career and shows that it has been a sham. He managed to trick the Washington establishment into thinking that the Surge in Iraq was successful and then managed to get the Obama administration to repeat the Surge in Afghanistan—with tragic results. All while the media cheered along.

Of course, just as after the Rolling Stone article, there were journalists who had to snipe. Dylan Byers at Politico wrote a hatchet piece. It is particularly offensive because it tries to psychoanalyze Hastings. Hastings lost his girlfriend in Iraq? He went after someone who worked at Little, Brown because they decided not to publish his book? Hastings considers himself a Gonzo journalist? What any of this has to do with anything is unclear.

A commenter, Tr Randolph, wrote what I thought was a very good reply to this bit of journalistic nonsense:

Reading this warning makes me like Michael Hastings even more. The idea that journalists aren’t already advocates is hogwash. The cheerleading from media up to and in to the Iraq War was disgusting, but that wasn’t deemed as advocating at the time. Embedded journalists were easily the biggest military advocates and Wikileaks proved they were either unable or unwilling to report horrific crimes carried out by the U.S. military…

When journalists at Politico and other places can actually start speaking to power (you know, that whole military industrial complex that you seem to gloss over) you can put Hastings out of work. Until you develop some substance yourselves, save your warnings.

Other commenters focused on one bit of Byers article that is worth repeating here:

If you believe that journalists are supposed to call bull when they see it, then Hastings is your man. But to those who believe journalists shouldn’t be advocates—either out of ethical concerns or practical ones (it’s not always effective)—Hastings is muddying sacred waters.

This is exactly the argument we heard against the Rolling Stone article: you shouldn’t tell the truth about powerful people! If you do, you will lose access. And if you lose access, you won’t be able to… Continue to not tell the truth about them?

Afterword

This is a great bit of TV with Hastings at his best:

Jonah Goldberg Calls for More Lying

Jonah GoldbergJonah Goldberg has written the kind of article that liberals just love, Compassionate Conservatism Redux. In it, he admits that this election has taught him a valuable lesson: as much as he and the other evil men at National Review may love their “Give me low tax rates and give them death” ideology, they need a kinder, a gentler conservatism if they are going to convince the rubes to vote for them. And what is the kinder, gentler conservatism? Certainly not George Bush Sr. He wants to take us back to George Bush Jr. and his idea of “compassionate conservatism.”

Quick: what made Bush’s conservatism compassionate? Bmmpth! You couldn’t think of it quickly, because he never actually governed that way. But let’s go back to the way that he claimed he would govern. Goldberg reminds us:

People forget that Bush was elected during the [post-Cold War period] and had the [War on Terror] thrust upon him. But at the end of the 1990s, he was one of many voices on the right trying to craft a political rationale to deal with the changing electoral and demographic landscape. He campaigned on a “humble foreign policy” in 2000 and promised something very, very different from a “leave me alone” domestic policy.

Let’s see here: would a man who cared about, say, seniors, pass a law that was first and foremost a giveaway to drug companies? Would a man planning on a “humble foreign policy” have Dick Cheney as Vice President? It doesn’t really matter. The truth is that I have no memory of a Republican ever governing based upon his campaign. Sure: they all promise tax cuts and they almost always pass them. But other stuff? Not really. Remember Reagan? Remember how terrible the federal deficit was and how he was going to knock it out with those three 10 percentage point tax cuts? I do.

When a Republican promises something like fiscal restraint or human compassion, I know they are lying. So when Jonah Goldberg says that the Republicans need to revisit “compassionate conservatism,” what he means is that they need to sound more compassionate. And once in office, they can devastate the poor and start a bunch of new wars. In other words, what Goldberg is really saying is that he’s been too honest in the past.

Jerry Nadler Pushes Tired Gaza Narrative

Jerry Nadler was on Up with Chris Hayes where he got to spout the official United States line regarding Israel:

Here’s the critical part:

We were reminded of one thing that we knew, which is the utter hypocrisy of the UN and the non-aligned movement when it comes to Israel and the Middle East that said nothing when Hamas has fired over five or six hundred missiles at Israeli civilians, each missile being a war crime. And when Israel finally hit back by attacking a leader of the militants and started attacking launch sites, suddenly there’s a UN security council meeting and the non-aligned movement condemns Israel.

I am really not a partisan in this matter. This whole thing is a mess. But I don’t find the Israeli justifications for its actions very compelling in this case. And it seems that American media always pick convenient starting times for any dispute. At this point, I figure all the actions of both sides are based upon the previous actions of the other side.

What people on the left react to is that the Hamas actions are mostly impotent while the Israeli actions are anything but. It would be one thing if Israel’s use of non-proportional retaliation accomplished anything. But all it seems to do is continue the conflict on while killing thousands of Palestinians.

As to Nadler’s remarks: they are entirely one sided. The Palestinians were firing rockets at Israel and Israel had to put an end to it. Implicit in his statement is that Palestine had no good reason to be firing on Israel and Israel has every reason to be firing on Palestine. I’m inclined to say that neither side is justified in this killing. But it is just wrong to say that one side has cause and the other does not. Also note: no mention of the ceasefire.

The coverage of the Israeli-Palestinian conflict reminds me of the countless Indian wars here in the United States. In those cases, one could certainly cherry pick examples of the Native Americans behaving badly. But what was really going on was a land grab. Is that what’s going on in Palestine? I don’t know. But the “Israel good, Palestine bad” rhetoric makes me appreciate that narrative.

Tex Reform: One Good, One Bad

Mark BegichToday, the WonkBlog staff went full tilt against the crazies on the right. First, our favorite nerd Ezra Klein took on crazies in Congress who claim that “tax reform” will solve all our problems. It’s sad that we even have to talk about this—that Klein even has to write an article. Their claim is that by lowering margin tax rates but eliminating deductions the free market will not be distorted and so will spontaneously jump into high gear and employ all the long-term unemployed. Really, that’s what they’re saying.

Klein talks about this with a few economists. Larry Summers seems to be fairly keen on tax reform for other reasons, but doesn’t think it will stimulate the economy. Bruce Bartlett, an apostate Republican, is more to the point, “I am not familiar with any tax reform that raised growth, here or anywhere else.” On the other hand, Alan Auerbach suggests that a different kind of tax reform—a regressive value-added tax, which no is suggesting—could stimulate the economy.

This last idea really bugs me. For the last three decades, we’ve seen big increases in GDP. And yet the middle class has seen almost no improvement in their living standard. Why do we continue to think that increased GDP alone is a good thing. The truth is that our GDP could go down but if it went along with more equality, it would improve the live of the middle class.

Regardless of this, all the Republican crowing about reforming the tax code is just that: crowing. It isn’t going to get us anywhere.

Social Security Tax Reform

The biggest problem with Social Security is that the crazies on the right want to destroy it for no good reason. And they won’t even talk about sensible changes to improve the program. Shockingly, Dylan Matthews wrote an article today about my favorite topic: the Social Security tax cap, How to Sort Out Social Security’s Finances While Making it More Generous. It seems that Senator Mark Begich of Alaska is proposing that we get rid of the cap, increase benefits for the wealthy (a great trade off), and fix the cost of living adjustments.

I don’t have much to say about this other than: more!

A Toast to Twinkies

TwinkiesI know what you’re thinking, “What’s the point of reading another blog post when soon there will be no more Twinkies and we will all starve?” I hear you. But I have good news! It is very possible that Twinkies will live on, coming out the same factories, albeit, under a different name. And maybe for a higher price. But hell, what price is too high for a Twinkie?

As you must know, Hostess is going out of business. This is a big deal. Hostess currently employs 18,000 workers. But this is a typical story with a typical storyline. Of what I’ve read Dean Baker has the best analysis, No Cupcake: Workers Turn Down Bad Deal from Hostess.

There are two narratives: conservative and liberal. The conservative narrative is that the greedy unions would not take one for the team and so brought down yet another Great American Business. This is not true at all. As Baker points out, the unions had very good reasons for turning down the deal. (Although it was only one of the unions who actually did so.)

The liberal narrative is incomplete but mostly true: Ripplewood Holdings, a private equity company, took over Hostess in 2009, saddled it with debt and let it flounder. This is the process that Matt Taibbi laid out in his Rolling Stone cover article. And this one was pretty much by the numbers.

But Dean Baker argues that the biggest problem is that before and after the takeover, Hostess was badly managed. They did not change their products to move with the times. What’s more, they kept a very limited product line. This was all bound to happen.

Peter Frase over at Jacobin points out another problem, Hostess and the Limits of the Private Welfare State. The truth is that our country’s lack of a single-payer healthcare system, stable pensions, and limited unemployment make it far harder for both workers and companies. There is no doubt about that.

I am a great fan of junk foods. So I’m sorry to see Hostess go, even apart from the economic effects. Just the same, it might have been a good idea if they had worked to break into the Oroweat bread market. I’m sure there will soon be companies popping up to fill the junk food vacuum. And there is even hope that some of Hostess’ existing factories will continue to pump out cream filled snack cakes—even if they are called Tweenies or Twankies and Wankers. I’d eat a product called Wankers, if only as a toast to the Hostess management.

Hookup Culture Not So Much

Hookup SexFucking in the abstract is not that interesting. Much as it may surprise some men, foreplay is not a bribe to pay to get to the coitus. The process normally goes: guy sees a girl (if only in his mind) and gets horny. It doesn’t really work the other way around. This is because sex is part of relationships, not some disjointed activity. (Don’t bug me about the details, I’m talking generalities here.)

Thus, it came as no surprise to me that the whole “hookup” culture that is supposed to be so big is, in fact, not. This was reported today by Adam Hoffman of The Brown Daily Herald, Hookup Culture Not as Prevalent as Believed, Study Shows. The study found that between 7% and 18% of college students had hookup sex within the last month. There were other telling results, such as the fact that people are most likely to hookup at the beginning of the school year.

The big deal made of this comes from a media always looking for the salacious. To state the obvious: “College students in committed relations” is distinctly “Dog bites man.” Nothing to see here. Of course, the hookup culture is nothing new. It is just a new name. In general, it has different names or no names. Remember the “free love” pledge? It wasn’t about freedom.

So the vast majority of college students are just in regular, boring monogamous relationships. And there’s a reason why these relationships are boring: because it is what everyone does. It’s in our DNA. People who are having hookup sex are getting something different from it. And that’s great! But it’s not going to take over our culture. You know why? Because we’re more like prairie dogs than we’d like to think:

Mitt Romney’s No George Foreman

Geroge ForemanIf you are as old as I, then you remember The Rumble in the Jungle. This was a boxing match between Muhammad Ali and George Foreman, the heavyweight champion at that time. This is documented in the excellent film, When We Were Kings. It is an amazing story. Ali was an aging boxer who was neither as big nor as strong as Foreman. It looked like Foreman would tear Ali apart. But it didn’t turn out that way. Ali—apparently spontaneously during the fight—invented what he later called “rope-a-dope”: a technique where he allowed Foreman to exhaust himself throwing mostly impotent punches. Ali knocked out Foreman in the eighth round.

What I find remarkable about this is not that Ali was a great fighter and still is a brilliant man. It is George Foreman. The gregarious man we know today seems totally different than the shy boxer in 1974. Defeat can do that to a man—make him better. Or it can not.

A few years ago, I saw a book about Muhammad Ali that contained an introduction by George Foreman. In it, Foreman talked about their fight in what was then Zaire. He talked about how Ali had outboxed him. But then he said something that shocked me: he said knowing what he now knows, if they could go back and have that fight, Ali would still figure out some way to beat him.

I don’t think that is necessarily true, but the statement shows two things. First, it shows that Foreman is a graceful man. Second, it shows that Foreman is a man who accepted his defeat. Not only did he admit that Ali beat him because he was better at that moment; he admitted that Ali was in a fundamental sense his better.

Contrast this with Romney’s recent conference call. Don’t even think about all that garbage about giving presents to poor people. Nowhere in that talk does he admit error. He did admit that Obama ran a great campaign, but he was quick to add that his campaing was good too. (All evidence to the contrary, not that it would have necessarily mattered.) The main thing is that Romney can’t admit the most fundamental reason for his loss: the people did not like the message. And the truth is, if all the people had voted, the popular vote would have been a blow out just like the electoral college actually was: 55% to 45%.

I understand that it’s only been a week. George Foreman was probably pretty bitter a week after the fight. But somehow, I don’t see Mitt Romney ever making it to the high road. I suspect that he will hold a grudge toward Obama (and the Democratic Party) for the rest of his life. We’ll see in the coming years, because I have a bad feeling that after perhaps a year of not seeing him, he’ll become a Fox News regular.