Quotulatiousness

February 3, 2016

Brace yourself for the predictable bullshit about “trafficked” prostitutes at the Super Bowl

Filed under: Football, Law, Liberty, Media, USA — Tags: , , , , — Nicholas @ 02:00

In Reason, J.D. Tuccille explains why the usual media coverage of underage/trafficked/sex slave prostitutes being shipped in to cater to the depraved masses at the Super Bowl are so much hysterical nonsense:

When the Carolina Panthers and the Denver Broncos face off in San Francisco, experts warn us to expect Cam Newton and Peyton Manning to face burial under a tidal wave of human flesh — not the opposing team’s defensive line, as you might expect, but a writhing mass of sex slaves inundating the Super Bowl and the Bay Area.

Or so government officials and moral panic types would have it.

“Super Bowl host cities typically see a jump not just in tourists, but also in some crimes, including human trafficking and prostitution,” San Francisco’s KGO warned earlier this month on Human Trafficking Awareness Day, an annual event held every January 11.

“The good news is that we are continuing our efforts to fight human trafficking,” San Francisco District Attorney George Gascón said the same day. “The bad news is that the problem continues to increase.”

Gascón made his comments at a press conference deliberately tied to the big game, in anticipation of a wave of “trafficked” sex workers descending on the area.

That term – not “prostitution,” but “trafficking” — is a deliberate choice, selected to confuse people accustomed to the plain language established over the long history of the buying and selling of sexual services. The reason why is obvious. While the trade in sex was once frowned upon in itself, that’s no longer necessarily the case. A YouGov poll published this past September found Americans almost evenly divided, with 44 percent favoring legalization of prostitution, and 46 percent opposed. That’s up from 38 percent support for legalization in 2012. Amnesty International is among the organizations seeking to recognize people’s right to, in the organization’s words, “the full decriminalization of all aspects of consensual sex work.”

Opponents of commercial sex find themselves on the wrong side of shifting public opinion, so they pull a little rhetorical sleight of hand to get around that inconvenient word “consensual.” The implication of the “trafficking” terminology is that prostitutes are slaves — and they’re being hustled off to a major sporting event near you.

“Coercion is much rarer than ‘trafficking’ fetishists pretend it is,” insists Reason contributor and former call girl Maggie McNeill. “The term ‘trafficking’ is used to describe many different things along a broad spectrum running from absolutely coercive to absolutely not coercive, yet all of them are shoehorned into a lurid, melodramatic and highly-stereotyped narrative.”

January 17, 2016

Tabatha Southey is getting nostalgic for plates

Filed under: Europe, Humour — Tags: , , , — Nicholas @ 02:00

Perhaps I’ve been lucky to have (mostly) avoided this restaurant serving trend:

I’ve been away seven weeks now, travelling, working, researching a book, seeing friends, but it’s time to come home; I miss plates.

I’ve been staying in London mostly, visited other cities from there, and then I was in Dublin for a while. In all these places I ate out a lot, and I can report that the restaurant industry is in the midst of a tableware crisis. There’s barely a plate to be found any more, and the first time you’re served a dry-aged rump of beef with celeriac gratin, chanterelles and red wine jus on a cutting board, it’s possible to be charmed.

After all, you are not a tablecloth, but soon the tide of things being served on other things that were just not meant to be served on starts to wear on you.

I have a high whimsy-tolerance. Doctors have often remarked upon it. Sometimes half an hour into a puppet show involving a talking reflex hammer and a musical stethoscope, a doctor will say, “This is very unusual,” and make a note on my chart, but recently my whimsy-tolerance has been tested.

I miss plates. Why, in one day on this trip, I was served breakfast on a chalk slate, lunch on a clip-board and dinner on a wooden cutting board shaped like a clover leaf. I’ve been served frites in a beer stein, and the ones I could reach were delicious, and so my verdict was a resolved “Fun!” – until my slow-baked quince, wild honey ewe’s yoghurt, bee pollen and almonds arrived in a vintage teacup balanced on a strip of artfully weathered barn board, and then the next morning at breakfast, I was served a waffle on another waffle with maple syrup in a stem vase.

What was under that waffle I do not care to know, but everything I’ve been served of late suggests that that non-plate waffle presenting item was handcrafted from a substance that Dwell magazine would call “reclaimed ash flooring from a demolished church in Ohio,” and the rest of us would call “wood.”

I miss plates.

December 12, 2015

The US government’s no-fly list

Filed under: Bureaucracy, Government, USA — Tags: , , , , , — Nicholas @ 02:00

Kevin Williamson on the travesty that is the no-fly list:

There are many popular demons in American public life: Barack Obama and his monarchical pretensions, Valerie Jarrett and her two-bit Svengali act, or, if your tastes run in the other direction, the Koch brothers, the NRA, the scheming behind-the-scenes influences of Big Whatever. But take a moment to doff your hat to the long, energetic, and wide-ranging careers of three of our most enduring bad guys: laziness, corruption, and stupidity, which deserve special recognition for their role in the recent debates over gun control, terrorism, and crime.

The Democratic party’s dramatic slide into naked authoritarianism — voting in the Senate to repeal the First Amendment, trying to lock up governors for vetoing legislation, and seeking to jail political opponents for holding unpopular views on global warming, etc. — has been both worrisome and dramatic. The Democrats even have a new position on the ancient civil-rights issue of due process, and that position is: “F— you.” The Bill of Rights guarantees Americans (like it or not) the right to keep and bear arms; it also reiterates the legal doctrine of some centuries standing that government may not deprive citizens of their rights without due process. In the case of gun rights, that generally means one of two things: the legal process by which one is convicted of a felony or the legal process by which one is declared mentally incompetent, usually as a prelude to involuntary commitment into a mental facility. The no-fly list and the terrorism watch list contain no such due process. Some bureaucrat somewhere in the executive branch puts a name onto a list, and that’s that. The ACLU has rightly called this “Kafkaesque.”

Here’s where our old friends laziness and stupidity play a really prominent role: The no-fly list is not composed of identities, but merely names. Lots of people share the same name. So, for instance, the late Senator Ted Kennedy ended up on the no-fly list, because somebody had used his name (or a similar name) as an alias. Among people called “Kevin Williamson,” we find myself, the famous Scream screenwriter, a notable Scottish politician and political activist (he is also the author of Drugs and the Party Line), a Canadian entertainment journalist, a fine woodworker who sells his wares on Twitter, and a famous underwear model for whom I am unlikely to be mistaken. If a trip to the DMV or the IRS one day eventually sends me over the edge into full-on barking mad durka-durka-Mohammed-jihad territory, those other Kevin Williamsons are going to suffer simply because we share a name.

And, of course, every third actual dirtbag terrorist has the same name as a million other ordinary schmoes, because Arabic names tend to be a little repetitive. (Is there a Mohammed al-Mohammed in the house? Seriously, go to LinkedIn and see how many graphic designers and accountants walking this good green Earth share that name.)

November 23, 2015

“Food can be used as a tool of marginalisation and oppression”

Filed under: Politics, USA — Tags: , , , — Nicholas @ 03:00

David Thompson works his way through a “social justice” “analysis” of how ethnic food is — or should be — a minefield of oppression and cultural appropriation:

Again, note the loadedness, the questions begged. I don’t think I’ve ever eaten, say, chili while convinced that said meal was an adequate distillation of the entire population of Mexico and Texas, past and present. Nor can I recall “fetishizing the sustenance of another culture.” It’s a meal, not an attempt to absorb world history or to flirt with some notional brownness. Yet this is asserted as “what happens,” as some universal fact:

    Eating food from another culture in isolation from that culture’s history and also current issues mean that we’re just borrowing the pieces that are enjoyable – palatable and easily digestible.

Um, and? Isn’t that rather the point? You know, tastiness without baggage? Isn’t that what makes foreign cuisine commercially viable, a livelihood of millions? Should every visit to, say, a Pakistani restaurant entail a stern lecture on the pros and cons of European colonisation and a lifetime subscription to the fever dream of Islam? Would that aid digestion? Stated plainly, it sounds a little silly. But Ms Kuo wishes to appear concerned, deeply concerned, that people of pallor might enjoy falafel and a spot of hummus “but not understand or address the ongoing Islamophobia in the US.”

Well. I’m pretty sure that the family running my local Chinese takeaway actively encourages heathen white folk to sample their wares, regardless of whether those paying customers are intimately familiar with All Of Chinese History, and regardless of whether those customers dutifully ponder how the cooking of this particular family differs from other Chinese families, from any particular town or province, in a country as vast and sprawling as China. What they want is custom. Pretentiously agonised pseudo-sensitivity is, alas, not billable.

November 10, 2015

The “War on Christmas” opens another front … at Starbucks

Filed under: Business, Media, Politics, Religion, USA — Tags: , , — Nicholas @ 04:00

Katherine Timpf can’t believe that anyone is taking this nonsense in any way seriously:

Please stop embarrassing yourselves.

I woke up this morning to find that real, adult people are actually upset that Starbucks’s holiday cups do not mention Christ or Christmas on them — and the absence of such language as an attack on their religion.

Yep, that’s right. The “War on Christmas” season has arrived, and Starbucks has chosen the side of the godless hedonism that is destroying our society. Don’t let the fact that it still sells a Christmas Blend, a “Merry Christmas” gift card, and an Advent calendar fool you — Starbucks is clearly The Devil’s Coffee, and you have every right to be this upset.

That is, of course, if you are an insane person.

July 29, 2015

Apparently human ingenuity didn’t stretch as far as remote-controlled sex toys … until now!

Filed under: Health, Technology — Tags: , , , , — Nicholas @ 03:00

Who would ever have thought of combining wireless computing with sexual appliances? Nobody, right? There’s no possible way that anyone could have even imagined such a thing could happen … otherwise this patent would not have been issued:

Alright, people, strap in and keep the laughter to a minimum because we’re going to talk dildos here. Specifically, remotely operated dildos, and other sex apparatuses, including those operated by Bluetooth connections or over the internet. It seems that in 1998, a Texan by the name of Warren Sandvick applied for a patent that casts an awfully wide net over remotely controlled sexual stimulation, specifically any of the sort that involves a user interface in a location different from the person being stimulated. You can find the patent at the link, but here’s the abstract:

    An interactive virtual sexual stimulation system has one or more user interfaces. Each user interface generally comprises a computer having an input device, video camera, and transmitter. The transmitter is used to interface the computer with one or more sexual stimulation devices, which are also located at the user interface. In accordance with the preferred embodiment, a person at a first user interface controls the stimulation device(s) located at a second user interface. The first and second user interfaces may be connected, for instance, through a web site on the Internet. In another embodiment, a person at a user interface may interact with a prerecorded video feed. The invention is implemented by software that is stored at the computer of the user interface, or at a web site accessed through the Internet.

Great, except that nothing in the above is an actual invention; it’s essentially an acknowledgement that a dildo could be controlled remotely and an attempt to lay claim to that function exclusively. The description of the art outlaid in the patent rests solely on the claim that sexual stimulation devices have always been either self-stimulation devices or that any remotely operated stimulation devices still required close proximity. But it all rests on what you consider a stimulation device.

Even before this patent was filed, there was a term for this kind of thing in use: teledildonics.

July 1, 2015

The awe and majesty of the Grand Jury

Filed under: Law, Liberty, Politics, USA — Tags: , , — Nicholas @ 03:00

I was not aware that the title “Grand Jury” doesn’t necessarily mean that there’s a jury empanelled to decide “grand” issues of law under US practice:

Over at the Daily Beast, Nick Gillespie attempts to bring religiosity to the fuzzy-wuzzies by describing what it was like to be hit with a ridiculous grand jury subpoena and unprincipled gag order. In response, several Daily Beast commenters trot out an argument I see now and then: “well, citizens on the grand jury thought that there were grounds to issue a subpoena.”

No.

In fact, hell no, or if you prefer, bless your heart, no.

Let’s talk about how federal grand jury subpoenas actually work. These days the U.S. Attorney’s Office prints them from fillable pdfs. Given that we were still typing them when I left the USAO in 2000, they probably achieved this technical benchmark in 2012 or so. Assistant United States Attorneys — that is, snot-nosed punks like I was at twenty-six — issue a grand jury subpoena by filling it out, or more likely, asking their secretary to fill it out. Nominally, the subpoena is issued on behalf of the grand jury. But it is not by any stretch of the imagination, issued by the grand jury. The AUSA need not — and never does, in my experience — ask the grand jury for permission. When the target of the subpoena produces documents, most often the Assistant U.S. Attorney lets the case agent — some Special Agent of the FBI or DEA or whatever — hold on to them.

So is the grand jury involved at all? Well, sort of. If and when the federal prosecutor seeks an indictment relying in part on documents produced in response to a grand jury subpoena, they’ll summarize the results of the subpoena to the grand jury. But that could be years after the fact. Prior to that, the acknowledged “best practice” is for the AUSA to appear before the grand jury, tell the grand jurors that a subpoena has been issued on their behalf, briefly outline the nature of the investigation, and ask their consent for the case agent to maintain custody of the documents produced — which, because they have been produced “to the grand jury,” are governed by secrecy requirements.

Does that always happen? No. Even when it does happen, it’s rarely a significant check on the use or abuse of grand jury subpoenas. First, when I was an AUSA, I never once had a grand juror ask about why I was issuing such a subpoena or exactly what I got back. I don’t know that any of them ever looked up from their newspapers. The common practice is to make a report so perfunctory that the grand jurors have no context from which to determine whether a subpoena is appropriate — and you’d only be reporting the subpoena after the fact. Second, there’s often no continuity of grand jurors. In a small district you might have only one grand jury that meets once a week, and those grand jurors could, in theory, write things down in their notebooks and keep track of them over time. But in many districts there are many federal grand juries. In Los Angeles, for instance, there was a different one meeting every day of the week. AUSAs don’t necessarily report subpoenas from the same investigation to the same grand jury over time. And federal grand juries turn over after a year and a half (unless extended), which means that the grand jurors hearing you report a subpoena this year won’t necessarily be the same ones hearing you report the next subpoena in the investigation next year.

May 6, 2015

QotD: “Science needs women”

Filed under: Humour, Quotations, Science — Tags: , , — Nicholas @ 01:00

Science does not need women any more than it needs foot fetishists, pole-vaulters, or Somalis. What science needs (if an abstraction such as science can be said to need anything) is scientists. If they happen also to be foot fetishists, pole-vaulters, or Somalis, so be it: but no one in his right mind would go to any lengths to recruit for his laboratory foot fetishists, pole-vaulters, or Somalis for those characteristics alone.

[…]

It is true, of course, that women are demographically underrepresented in the ranks of scientists, but so are many other groups. (This means, of course, that others are overrepresented.) This may be for more than one reason: lack of aptitude or interest, for example, or deliberate or subtle obstructiveness. But historical attempts to recruit scientists according to some demographic criterion or other have not been met with success, even as far as the advancement of science itself is concerned, and have been made by the very worst dictatorships that in other respects have been abominable. Social engineering and engineering are two very different activities. It would be no consolation to know while on a collapsing bridge and about to plunge into the deep ravine below that it had been built by a truly representative sample of the population, and was therefore a monument to social justice.

Suppose that, instead of Science needs women, other slogans based upon exactly the same logic hung over the arrivals hall: Heavyweight boxing needs Malays, for example, Football needs dwarf goalkeepers, Quantity surveying needs bisexuals, Lavatory cleaning needs left-handers: the absurdity of the argument would be immediately apparent. In fact the categorization both of human activities and humans themselves being almost infinite, the obsession with demographic representation as the most important criterion of fairness or social justice is virtually without end. The search for social fairness in this sense can lead only to perpetual conflict, much as the imposition of parliamentary democracy has done in countries in which it is not an organic outgrowth of their history, and as a true parliamentary regime in the European Union would very soon do.

Theodore Dalrymple, “A Miasma of Untruth”, Taki’s Magazine, 2014-06-29.

March 19, 2015

I know it’s been cold around here this winter …

Filed under: Cancon, Randomness — Tags: , , — Nicholas @ 03:00

… but I hadn’t heard that Hell had actually frozen over. Because that’d be the only possible explanation for a headline like this one:

Is Scarborough, Ontario the dining capital of the world?

Wednesday night I was taken on a restaurant tour of Scarborough — four different places — plus rolls from a Sri Lankan locale, consumed in the office of the Dean of UT Scarborough and with the assistance of Peter Loewen.

After that eating, and lots of driving around and looking, I concluded Scarborough is the best ethnic food suburb I have seen in my life, ever, and by an order of magnitude. I hope you all have the chance to visit Scarborough, Ontario.

Update, 20 March: The Toronto Star‘s Lauren Pelley reports on Tyler Cowen’s recent visit to Scarborough and his discovery of the area’s impressive range of high quality ethnic food.

Over the phone from his office at George Mason University in Virginia, Cowen noted that people in Toronto seem to perceive the new, hip restaurants to be elsewhere. “But it seems to me, you don’t come close to this part of town,” he said.

Rick Halpern, dean of UTSC and Cowen’s tour guide last Wednesday, agreed that most people are fixated on the downtown core. “No one goes east of the DVP,” he lamented.

Cowen’s post is making the rounds online, and sparking discussion on blogs and Reddit. Scarborough is “a foodie’s best kept secret,” as one commenter put it, though it’s no secret to locals.

“I would say that people who are into food, and who have a car, explore Scarborough and other suburbs,” said Jennifer Bain, the Star’s food editor, who has highlighted many of the area’s offerings over the years — including Uighur fare from Scarborough’s Chinese Muslim community, sweets from local Filipino bakeries, and the global flavours of Hakka Chinese food, to name a few.

March 5, 2015

Reason.tv – Montana’s Yoga Pants Ban is a Joke (or is it?) Nanny of the Month (Feb ‘15)

Filed under: Government, Law, Liberty, Media — Tags: , , — Nicholas @ 04:00

Published on 4 Mar 2015

They’re busting backyard archery in Minnesota, and massage shops in California, but you’ll find the Nanny of the Month in the Big Sky state where one lawmaker got his undies in a bunch over the Bare as You Dare bike ride and decided to crack down on indecent exposure, including yoga pants! (Especially the extra-naughty beige colored ones.)

But wait, is the whole ban one big joke or is the state representative who proposed it backpedaling in the face of ridicule?

February 24, 2015

The “Little Free Libraries” and their enemies

Filed under: Books, Bureaucracy, Government, USA — Tags: , , — Nicholas @ 02:00

In The Atlantic, Conor Friedersdorf talks about the charming origins of the Little Free Library movement … and its potential demise at the hands of greyfaces everywhere:

Three years ago, The Los Angeles Times published a feel-good story on the Little Free Library movement. The idea is simple: A book lover puts a box or shelf or crate of books in their front yard. Neighbors browse, take one, and return later with a replacement. A 76-year-old in Sherman Oaks, California, felt that his little library, roughly the size of a dollhouse, “turned strangers into friends and a sometimes-impersonal neighborhood into a community,” the reporter observed. The man knew he was onto something “when a 9-year-old boy knocked on his door one morning to say how much he liked the little library.” He went on to explain, “I met more neighbors in the first three weeks than in the previous 30 years.”

Since 2009, when a Wisconsin man built a little, free library to honor his late mother, who loved books, copycats inspired by his example have put thousands of Little Free Libraries all over the U.S. and beyond. Many are displayed on this online map. In Venice, where I live, I know of at least three Little Free Libraries, and have witnessed chance encounters where folks in the neighborhood chat about a book.

I wish that I was writing merely to extol this trend. Alas, a subset of Americans are determined to regulate every last aspect of community life. Due to selection bias, they are overrepresented among local politicians and bureaucrats. And so they have power, despite their small-mindedness, inflexibility, and lack of common sense so extreme that they’ve taken to cracking down on Little Free Libraries, of all things.

Last summer in Kansas, a 9-year-old was loving his Little Free Library until at least two residents proved that some people will complain about anything no matter how harmless and city officials pushed the boundaries of literal-mindedness:

    The Leawood City Council said it had received a couple of complaints about Spencer Collins’ Little Free Library. They dubbed it an “illegal detached structure” and told the Collins’ they would face a fine if they did not remove the Little Free Library from their yard by June 19.

Scattered stories like these have appeared in various local news outlets. The L.A. Times followed up last week with a trend story that got things just about right. “Crime, homelessness and crumbling infrastructure are still a problem in almost every part of America, but two cities have recently cracked down on one of the country’s biggest problems: small-community libraries where residents can share books,” Michael Schaub wrote. “Officials in Los Angeles and Shreveport, Louisiana, have told the owners of homemade lending libraries that they’re in violation of city codes, and asked them to remove or relocate their small book collections.”

February 20, 2015

This is why you can’t find a good washer (or dishwasher, or toilet, or…)

Filed under: Business, Environment, Government — Tags: , , — Nicholas @ 03:00

Sarah Hoyt recently bought a new washer, and realized something while being lectured about her choice by the salesperson:

Which is when I realized I was in the presence of a true believer whose mind would not be dented by facts. I let Dan lead her to the computer and make up the order, and older son has nicknamed me “She who makes washer saleswomen cry.”

So, what is the point of this? If it were just a funny story about buying a washer, I might still tell it, but it’s not.

Look, the problem is that we are being ruled (and yep, ruled, not governed) by a group of people who, like the saleswoman, think the intention is the thing.

We’ll leave aside for a moment the need or wisdom for water/electricity/etc. saving. First, in Colorado water is expensive so saving it is always a good idea. Second, that is not what their measures are achieving.

Take our first exposure to water saving toilets, twenty some years ago. We built a new bathroom and needed a toilet and the only ones for sale were “water saving.” What this meant in practical fact was that I acquired a new hobby: flushing the toilet.

The toilet worked (supposedly) with half the water, but it took four flushes to get anything, even a little bit of toilet paper, down. Do the math. I was expending twice as much water, and a lot of time and frustration. (We quickly switched to air assist. After the experience.)

In the same way, our current dishwasher complies with water and electricity saving measures. This means to achieve the same temperature, it has a thick coat of insulation ALL around. Which means it takes half the dishes at a time. Again, do the math. I have to run it for twice as long, which means no savings.

It has an additional unamusing quirk. Every time you wash, you have to select hot wash and sanitizing. Otherwise it just sloshes some water at the dishes and calls it done. We didn’t figure this out for five years which means for five years we conducted a study in epidemiology. I mean, guys, even in the village, when we were poor as Job, grandma boiled water for the final dish rinse to be as hot as possible. Otherwise you not only get not really clean dishes, you get to share the germs of everyone whose dishes go in the same water.

Then there’s the washer. The first we bought was the Neptune, years and years ago, which was so water saving it developed mold and mildew.

The current one recycles the water, so it washes better, but the rinses must happen, and the rinses, again, make it use the same water as anything else. All the low-water washers need a lot of rinses.

“But Sarah, you have a condition that makes you sensitive to detergent. Other people don’t.”

Granted. Which is why there hasn’t been an uprising with pitchforks, or at least washing mangles, yet. Because for the last five years I’ve been a slave to that washer and I’ve always been behind in the wash to the point that we ended up buying four times the clothes we needed, because the wash was bound to be backed up. When each load takes a minimum of two hours (the boys also react to detergent) and you have 14 or so loads a week (not counting cats peeing on Robert’s bed – yes, always his bed. Don’t know why) things slow to a crawl.

And the answer “Oh, you need to use less detergent.” BUT the cleaning went down in proportion to the detergent going down.

I’m not going to talk to other “eco friendly” measures or not extensively. I don’t have the personal experience to.

I do, however, know that the curly lightbulbs were a fiasco. I know that attempts to wish into existence energy by means other than fossil fuels are either failures or scams (Solyndra) and I know that the “enhanced” with “fillers” gas destroys cars, so that they have to be replaced sooner. Now, I’m not an expert, but I’d guess the manufacturing process causes more pollution than just burning regular gas.

So why do they keep passing ever more and more restrictive laws, demanding the thing we use for everyday living meet THEIR standards which as far as I can tell they pull from air?

I think it’s the arrogant certainty that if they keep whipping the dead horse it will get up and pull the load. Or in other words, they’re sure that the only reason they’re not getting what they want is that some mean person is holding it back from them, and if they demand it loud enough and now with more laws, it will eventually be given.

Think of them as the kid throwing himself to the floor in the candy isle and screaming for candy, refusing to hear his mother’s answer that she has no money. That’s about what they are: tyrannical, demanding, infantile and blind to reality.

And of course, when reality fails to comply with their dreams, they just scream louder. Or in this case, they pass laws which distort the simplest facts of daily living for the rest of us.

How long are we going to be hostage to brats who are unable to realize laws don’t cause reality to happen and words have no force to change facts of life?

How long till we get tired of being forced to do household chores inefficiently and paying for it in both time and money, without any appreciable benefit to anyone.

Eric Scheie over at Classical values, when I blogged there, had a post about there being a war on things that work.

He was right, though the intent is “creating a world where things work the way bureaucrats want them to” – which mostly means in defiance of scientific fact.

It is time to take back science, and common sense too.

And in the meantime, we can make washer saleswomen cry!

February 3, 2015

You can’t trademark the mere arrangement of a few letters

Filed under: Business, USA — Tags: , , — Nicholas @ 03:00

At Techdirt, Timothy Geigner explains why a recent trademark action was (sensibly) dropped:

Here we almost went again. The craft beer space was known for quite a while for its congenial attitude when it came to competitors. That seems to have shifted a bit in the past few years, with all kinds of silly intellectual property disputes arising among breweries. Trademark claims seem to be the issue du jour, not surprisingly, though you’d think with the common public response being backlash this trend would have ceased already. It seems the lesson still needs to be taught, however, even amongst some of the larger craft breweries with some of the best reputations. Lagunitas, for instance, which likes to bill itself as the hip and laid-back beer for the NPR crowd (yes, over-simplifying), saw fit to sue competitor Sierra Nevada over trade dress issues until the public reacted and they quickly backed away.

    In a suit filed Monday in U.S. District Court, Lagunitas owner Tony Magee argued Sierra Nevada’s design for its Hop Hunter India Pale Ale — which features “IPA” in large, bold, black capital letters — is too similar to the design for his Lagunitas IPA label.

And here are the labels in question.

IPA trademark nonsense

Both, as you can see, feature the letters “IPA”, for India Pale Ale, in a bold font that has some degree of similarity. As you’ll also see, assuming you aren’t a blind wombat that’s been dipping into the barley wine for twenty straight hours, both brewery’s names are super-evident on the label, the color scheme is uber-different, the rest of the label isn’t remotely the same, and oh my god, why do we have to keep doing this? The likelihood of customer confusion here is roughly the same as the likelihood that I’m about to sprout wings, horns, and enslave humanity under my forked tongue. I mean, sure, it might happen, but then we all have bigger problems, don’t you think?

January 14, 2015

British PM’s latest technological brain fart

Filed under: Britain, Law, Liberty, Technology — Tags: , , , , — Nicholas @ 07:43

Cory Doctorow explains why David Cameron’s proposals are not just dumb, but doubleplus-dumb:

What David Cameron thinks he’s saying is, “We will command all the software creators we can reach to introduce back-doors into their tools for us.” There are enormous problems with this: there’s no back door that only lets good guys go through it. If your Whatsapp or Google Hangouts has a deliberately introduced flaw in it, then foreign spies, criminals, crooked police (like those who fed sensitive information to the tabloids who were implicated in the hacking scandal — and like the high-level police who secretly worked for organised crime for years), and criminals will eventually discover this vulnerability. They — and not just the security services — will be able to use it to intercept all of our communications. That includes things like the pictures of your kids in your bath that you send to your parents to the trade secrets you send to your co-workers.

But this is just for starters. David Cameron doesn’t understand technology very well, so he doesn’t actually know what he’s asking for.

For David Cameron’s proposal to work, he will need to stop Britons from installing software that comes from software creators who are out of his jurisdiction. The very best in secure communications are already free/open source projects, maintained by thousands of independent programmers around the world. They are widely available, and thanks to things like cryptographic signing, it is possible to download these packages from any server in the world (not just big ones like Github) and verify, with a very high degree of confidence, that the software you’ve downloaded hasn’t been tampered with.

[…]

This, then, is what David Cameron is proposing:

* All Britons’ communications must be easy for criminals, voyeurs and foreign spies to intercept

* Any firms within reach of the UK government must be banned from producing secure software

* All major code repositories, such as Github and Sourceforge, must be blocked

* Search engines must not answer queries about web-pages that carry secure software

* Virtually all academic security work in the UK must cease — security research must only take place in proprietary research environments where there is no onus to publish one’s findings, such as industry R&D and the security services

* All packets in and out of the country, and within the country, must be subject to Chinese-style deep-packet inspection and any packets that appear to originate from secure software must be dropped

* Existing walled gardens (like Ios and games consoles) must be ordered to ban their users from installing secure software

* Anyone visiting the country from abroad must have their smartphones held at the border until they leave

* Proprietary operating system vendors (Microsoft and Apple) must be ordered to redesign their operating systems as walled gardens that only allow users to run software from an app store, which will not sell or give secure software to Britons

* Free/open source operating systems — that power the energy, banking, ecommerce, and infrastructure sectors — must be banned outright

David Cameron will say that he doesn’t want to do any of this. He’ll say that he can implement weaker versions of it — say, only blocking some “notorious” sites that carry secure software. But anything less than the programme above will have no material effect on the ability of criminals to carry on perfectly secret conversations that “we cannot read”. If any commodity PC or jailbroken phone can run any of the world’s most popular communications applications, then “bad guys” will just use them. Jailbreaking an OS isn’t hard. Downloading an app isn’t hard. Stopping people from running code they want to run is — and what’s more, it puts the whole nation — individuals and industry — in terrible jeopardy.

January 12, 2015

If you’ve used the term “Streisand Effect”, you need to pay royalties now…

Filed under: Humour, Law, Liberty — Tags: , , , , — Nicholas @ 03:00

Techdirt‘s Mike Masnick isn’t asking for a lot, he just wants to ensure that his intellectual property is respected … in a way that ensures that his kids won’t starve in the street:

I have to admit that I had no idea that it had been 10 years since I coined the term “The Streisand Effect” until the SkepticHistory Twitter feed called my attention to it earlier this week. I had thought about saving this for the weekend “this week in history” post, but it seems worth delving into today — especially with folks like the thieves at Gawker Media putting up a whole story about it and stealing all the attention and whatnot.

So, yeah, ten years ago this week, I coined “the Streisand Effect,” which was actually on a story about how the Marco Beach Ocean Resort was all offended by the fact that Urinal.net (a site that, yes, still exists and is still being updated) had posted a photo of a urinal from the resort, and the resort insisted that it was illegal to use its name. As we pointed out, this stupid takedown request would only draw more attention, and then we wrote:

    How long is it going to take before lawyers realize that the simple act of trying to repress something they don’t like online is likely to make it so that something that most people would never, ever see (like a photo of a urinal in some random beach resort) is now seen by many more people? Let’s call it the Streisand Effect.

That last link then went back to a 2003 story about how Barbra Streisand had sued photographer Kenneth Adelman for photographing her house from a helicopter. Adelman had been photographing the entire California coastline, hoping to use it to document coastal erosion, and posted all the photographs online. Streisand got upset that her coastal home was shown, and sued. But, of course, before this, no one knew (or cared) that it was Streisand’s home. The image had been viewed six times (including twice by Streisand’s lawyers), but following the news of the lawsuit, hundreds of thousands of people went to see the photo. It was a story that stuck with me, and seemed to be repeated every few months in some form or another. So when I saw that Urinal.net threat, I just jokingly said we should call such things “The Streisand Effect.”

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