Quotulatiousness

December 14, 2014

Jonah Goldberg on the Gruber hearings

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

In this week’s Goldberg File, Jonah Goldberg talks about the show Jonathan Gruber put on in front of some Washington political types:

I learned from Twitter this morning that Gustave Flaubert, born this day in 1821, said, “The art of writing is the art of discovering what you believe.” So, as Jay-Z says every morning he enters a music studio and as Joe Biden says every time President Obama gives him a fresh 64-pack of crayons, “Let’s make some art, bitches.”

Let’s start with Jonathan Gruber. I have to say I was disappointed by the hearings. Oh, sure, it was good theater-as-human sacrifice of the sort Washington does so well (though I am glad they stopped short of rectal rehydration).

But this was one of those moments where they really could have put the system on trial. Gruber’s consistent answer was that he’s a shabby, shallow, little man who belittles others, including the American people, to make himself look good. “I tried to make myself seem smarter by demeaning others.”

In almost every exchange, Gruber fell back on language you’d expect from a stockbroker tied up in an S&M dungeon. I did it because I am a flea! A worm! I am no master of the universe, I am nothing! Punnnniissshhh meee!

All that was missing were some riding-crop and melted-candle-wax welts, and maybe a shorn scrotum. But, hey man, it’s a defense.

But it’s not a good one. You can blame your arrogance for calling the American voters stupid, but you can’t blame your arrogance for claiming that the bill was designed to hide taxes and deceive the public. If I stab someone 34 times, the jury might want to hear about my arrogance, but whether I’m arrogant or humble, it doesn’t change what I did — and apologizing for it doesn’t clarify where the body is buried.

Gruber’s strategy of emotional self-abasement was very clever because it distracted from the central arguments of fact.

[…]

As for Gruber, he said this week that he wasn’t an architect of Obamacare. And yet, for several years he let the New York Times, The New Republic, PBS, and countless other media outlets describe him as exactly that. That label was of great financial value to him. But it was probably of greater social, psychological, and professional value. And that is probably why he seems to have not once taken the time to ask them to stop calling him that. Gruber is of a class of people who take great satisfaction from the belief that they are not only smarter and better than normal Americans, but that their superiority entitles them to manipulate the public and system in whatever way they think necessary.

There’s another reason Gruber never corrected anybody when they described him as an architect of Obamacare: Because it’s true!

Which leads to another important point: Gruber’s a huge, monumental, Brobdingnagian liar.

To believe his testimony before Congress is to believe that on one occasion after another, he baldly lied over and over again to his peers, colleagues, students, and friends. Darrell Issa sort of gets at this here at the end of Gowdy’s interrogation when he asks Gruber, “Did anybody come up to you and tell you that what you were saying was inappropriate?”

That’s an interesting question and tells you a lot about the sovereign contempt the expert class has for the American people. But a better question would be, “Why didn’t anybody correct you on your factual claims? Or simply say ‘What you’re saying isn’t true’?” Gruber was on panels with other health-care experts. The audiences were full of people who were deeply informed about Obamacare and all its details. And yet no one said, “Hey, that’s not the way it happened.” Why? Because Gruber was telling the truth when he said they had to deceive the American people. And before you ask me what proof I have, I would like to direct you to the fact that Barack Obama deceived the American people over and over and over again when he said things like “You can keep your doctor” and “You can keep your insurance” etc. (and not one liberal journalist cheerleader for Obamacare ever felt compelled to push back on this obvious lie). Are we really so stunned that the same president might be willing to play accounting games with the CBO?

Sure maybe Gruber exaggerated his role or involvement. Maybe he embellished this or that. But you can’t exaggerate a lie; you can only exaggerate the truth. For years he told the truth to anyone who would listen, and now that it’s politically problematic he says it was all a lie.

So we’re forced to choose: Was he lying when talking to countless audiences full of peers, colleagues, and experts, or was he lying in front of Congress in order to save his team any further embarrassment and preserve a law he’s sincerely proud of (because he was an architect of it)? Personally, I think you’d have to be too stupid to beat Joe Biden at tic-tac-toe to think the “real” Gruber testified before Congress this week. But whichever side you come down on this question, one thing has been established: He’s a huge liar.

November 20, 2014

QotD: Obama’s negotiation skills

Filed under: Politics, Quotations, USA — Tags: , , , , — Nicholas @ 00:01

[President Obama] said he would take executive action on immigration by year’s end unless Republicans passed a bill. It’s certainly a bold negotiating tactic: You can do what I want, or I’ll go ahead and do what I want anyway. This is how you “negotiate” with a seven-year old, not a Senate Majority Leader.

I’m not sure that isn’t what Obama thinks he’s doing, and I’m sure many of my left-leaning readers are chuckling right now at the comparison. But Mitch McConnell is not a seven year old; he’s an adult, and he just won an election in which voters repudiated Obama and his party. (Temporarily, I am sure, but just the same: As someone once said, “Elections have consequences.”) McConnell is not the proverbial Tea Party extremist who won’t negotiate; he’s an establishment guy, known as a strategist and a tactician, not an ideologue (which is why the Tea Party isn’t that fond of him). In short, he’s someone who can make deals. Responding to McConnell’s rather gracious remarks about finding common goals by announcing that you know what the American public wants, and you’re going to give it to them no matter what their elected representatives say, seems curiously brash. It might chill the atmosphere today when he sits down with congressional leaders.

I wonder if Obama even knows how to negotiate with Republicans. It’s not as if he has a long, distinguished record of passing legislation in a mixed environment. His later years in the Illinois State Senate enjoyed a solid Democratic majority, and he jumped into the U.S. Senate at a propitious time. Soon after he arrived came the wave of 2006, when Democrats controlled both houses of congress by comfortable margins, and Senator Obama was far too junior to be negotiating with the White House. Then came the financial crisis, and another wave, and Obama spent the first two years of his presidency in a happy situation where he could get things done without needing the support of the opposition. He didn’t even negotiate with his own party; the Senate negotiated his health care bill, and Nancy Pelosi whipped it through the House.

Post 2010, of course, he also hasn’t had much practice negotiating. I’m not interested in another tedious argument about who did what to whom; whatever the cause and whoever’s fault it may be, the fact remains that the president has spent the last four years in a stalemate: Neither party can leave, and neither party can win.

It’s a little late in the president’s career to learn the fine art of making deals with people who fundamentally disagree with you, but might be willing to work on whatever small goals you might share. I suspect it feels more comfortable to go along with the strategy that has worked decently well over the last four years: hold your ground, complain about Republican intransigence, and hope that Republican legislators give you another opportunity to play long-suffering adult in the room.

Megan McArdle, “Does Obama Even Know How to Negotiate?”, Bloomberg View, 2014-11-07.

November 8, 2014

Republicans and the Patriot Act re-authorization in May 2015

Filed under: Law, Liberty, Politics, USA — Tags: , , , , — Nicholas @ 08:31

Conor Friedersdorf on the ethical and moral challenge that will face the Republican members of the next Congress soon after they take office:

The Patriot Act substantially expires in May 2015.

When the new Congress takes up its reauthorization, mere months after convening, members will be forced to decide what to do about Section 215 of the law, the provision cited by the NSA to justify logging most every telephone call made by Americans.

With Republicans controlling both the Senate and the House, the GOP faces a stark choice. Is a party that purports to favor constitutional conservatism and limited government going to ratify mass surveillance that makes a mockery of the Fourth Amendment? Will Mitch McConnell endorse a policy wherein the Obama administration logs and stores every telephone number dialed or received by Roger Ailes of Fox News, Wayne LaPierre of the NRA, the Koch brothers, the head of every pro-life organization in America, and every member of the Tea Party? Is the GOP House going to sacrifice the privacy of all its constituents to NSA spying that embodies the generalized warrants so abhorrent to the founders?

The issue divides elected Republicans. Senator Rand Paul and Representative Justin Amash are among those wary of tracking the phone calls of millions of innocent people. Senator Richard Burr favors doing it. Republicans pondering a run for president in 2016 will be trying to figure out how mass surveillance will play in that campaign.

Many would rather not take any stand before May, as if governing — the very job citizens are paying them to do — is some sort of trap. But their preferences don’t matter. This fight is unavoidable.

Sadly, the smart money is betting that they’ll flub it and just re-authorize with little or no changes to the most offensive parts of the legislation. Because 2016.

August 9, 2014

QotD: What is it that keeps democracies democratic?

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

This is the only thing that keeps either party within a mile of good behavior — the understanding that if you deceive the public, or act with gross incompetence, that behavior is going to be politicized and used against you.

Consider the example of the various one-party cities in this nation.

Can there be any doubt that “politicization” of one’s errors or actual violations is, while annoying for the party who has erred, the only thing that restrains a party from wholesale violations of the public trust?

Besides the obvious salutary public policy effects, there is of course a more tangible reason why records should be retained and, when subpoenaed by Congress, disclosed to that body:

Because it’s the law.

And adherence to the Law is the only thing that keeps a society of feuding political parties from degenerating into a third-world system of coups and counter-coups.

If the party I oppose shows perfect contempt for following the law when it sees a political advantage in doing so, why should I not support the selfsame law-breaking when the party I support decides it might find some advantage in doing so?

The government’s basis for rule over the citizens is based on two things:

1. Sheer naked coercive power.

And:

2. Moral authority, and the notion that, while a citizen might not like the particular government serving at any particular time, that citizen values something more eternal than the temporary political circumstances of a four year period of time.

Namely, the idea that it is best for everyone to follow the law, because it’s more important to support a stable government without turmoil and violence than to violate the law to win on any immediate, ephemeral political point.

Note that it is far better for any society that the government’s power rests more on the second pillar than on the first. Because so long as that pillar, of moral authority, of general fairness, of a general sense that the longterm interests of America are better served by adherence to government than to rebellion against it, the government will rarely, if ever, have to resort to the ultimate pillar of authority, which is physical, violent coercion.

Ace, “Sure Why Not: HHS Emails Sought by Congress To Determine Why Healthcare.gov Was Such a Catastrophe Are, Get This, Missing”, Ace of Spades H.Q., 2014-08-08.

July 4, 2014

Reason.tv – Presidential Power and the Rise of American Monarchy

Filed under: Government, History, Liberty, USA — Tags: , , , — Nicholas @ 08:37

Published on 3 Jul 2014

“America is dropping like a stone in rankings of freedom. As power accumulates in one person, expect that to continue,” says Frank Buckley, George Mason University law professor and author of the new book, The Once and Future King: The Rise of Crown Government in America.

Buckley sat down with Reason TV‘s Tracy Oppenheimer to discuss how the U.S. presidency has evolved into what he calls “something like an elective monarch.” He says that this is not what the framers of the Constitution had intended, nor did they conceive of the modern version of the separation of powers.

“A parliamentary regime was more or less what the framers wanted…as far as the separation of powers is concerned,” says Buckley “instead of a device to constrain a president, it’s one which immunizes him from criticism by Congress.”

June 16, 2014

The Kronies: Laughing All The Way to the Export-Import Bank

Filed under: Humour, Politics, USA — Tags: , — Nicholas @ 12:26

Published on 16 Jun 2014

Get Konnected at http://thekronies.com/

In this very special episode of “The Less You Know”, Johnny and Bobby learn a valuable lesson about campaign finance.

With a crucial re-authorization vote looming, the Representatives must decide whether or not to support the U.S. Export-Import Bank. Johnny and Bobby nearly make a terrible mistake, one that could endanger their political careers!

Luckily, Bankor and Ariel Stryker appear just in time to set the Reps straight…straight on the path to re-election. Including a special appearance by “the Big man” himself, this episode is sure to capture hearts, minds, and votes.

June 15, 2014

Questions that need to be asked of the IRS in wake of email loss announcement

Filed under: Bureaucracy, Government, Politics, USA — Tags: , — Nicholas @ 09:57

Sharyl Attkisson has a set of questions that someone in congress or within the Justice department should be directing toward the IRS after Friday’s announcement that, oopsie, we kinda sorta lost those Lois Lerner emails you were interested in reading:

  • Please provide a timeline of the crash and documentation covering when it was first discovered and by whom; when, how and by whom it was learned that materials were lost; the official documentation reporting the crash and federal data loss; documentation reflecting all attempts to recover the materials; and the remediation records documenting the fix. This material should include the names of all officials and technicians involved, as well as all internal communications about the matter.
  • Please provide all documents and emails that refer to the crash from the time that it happened through the IRS’ disclosure to Congress Friday that it had occurred.
  • Please provide the documents that show the computer crash and lost data were appropriately reported to the required entities including any contractor servicing the IRS. If the incident was not reported, please explain why.
  • Please provide a list summarizing what other data was irretrievably lost in the computer crash. If the loss involved any personal data, was the loss disclosed to those impacted? If not, why?
  • Please provide documentation reflecting any security analyses done to assess the impact of the crash and lost materials. If such analyses were not performed, why not?
  • Please provide documentation showing the steps taken to recover the material, and the names of all technicians who attempted the recovery.
  • Please explain why redundancies required for federal systems were either not used or were not effective in restoring the lost materials, and provide documentation showing how this shortfall has been remediated.
  • Please provide any documents reflecting an investigation into how the crash resulted in the irretrievable loss of federal data and what factors were found to be responsible for the existence of this situation.
  • I would also ask for those who discovered and reported the crash to testify under oath, as well as any officials who reported the materials as having been irretrievably lost.

Losing an ordinary email archive happens now and again. Losing an email archive that is the focus of some fascinating questions about the IRS being used as a partisan oppression device against political opponents? That will take a lot of explaining away, as it’s just too convenient and the timing is highly suspicious. What is even more interesting is that the IRS hinted that since they can’t find those emails, they’re thinking of abandoning the investigation. So, clearly there’s nothing to see here and we should all just move along now.

Update: This seems relevant.

Update, 17 June: Megan McArdle assesses whether this “innocent” explanation is plausible.

In short, yes, there is an innocent explanation: An accident combined with a really bad e-mail storage policy to wipe out critical records. There’s also a semi-innocent explanation, where really bad storage policy could have enabled Lerner to arrange a hard drive accident that destroyed incriminating e-mails before she had to respond to Camp’s initial letter. I find the innocent explanation much more plausible than a conspiracy, or even the semi-innocent explanation — even assuming that she was conspiring with the White House, why bother with the elaborate schemes when you could just send your incriminating e-mails from an outside account?

But that still leaves me really concerned about the terrible policy decisions. The timing of the data loss is incredibly suspicious, and the IRS has left itself completely unable to answer those suspicions with anything better than a shrug. It should expect — in fact, it should request — a thorough outside investigation of this incident, but even the most scrupulous audit will not be able to entirely quell the worry that the IRS enabled a rogue agent to get away with destroying evidence.

To believe the IRS requires a pretty low opinion of government competence. My friends who work in regulated sectors such as finance are outraged by the IRS’s description of how it was running its backup process, because the government subjects them to constantly ratcheting standards for document retention — specifying how long, and on what format, they have to keep every communication ever generated by their firms. How dare they demand higher standards of regulated companies than they do of the regulators?

In 2014, every government agency should be storing every e-mail that goes in or out in an easily accessible format. That they weren’t bothering suggests that the IRS does not expect to deliver the kind of accountability that it routinely demands of taxpayers. That’s potentially a much bigger problem than anything Lois Lerner stands accused of — and it should be rectified, government-wide, with all due speed.

A few minutes later, Megan sent out this Twitter update:

April 15, 2014

Oval Office trivia

Filed under: Humour, Politics, USA — Tags: , — Nicholas @ 14:08

Chris Kluwe is deputized to answer reader letters for Deadspin. It actually has some football-related stuff, in addition to an answer for this query from Ethan:

    How many people that are not the president, do you think have had sex in the Oval Office?

Has to be at least in the thousands. Think of all the Congressmen working after hours, diligently crafting pork with the help of nubile young interns who’re easily impressed by wrinkly, dead Cryptkeeper flesh and the ephemeral promise of power. One thing leads to another, he says he knows a guy on the Secret Service who can get them into the Oval Office as long as they’re quiet, and boom — now he’s desperately trying to remember where he left the Viagra while she tries to convince herself this will totally launch her career. I bet the Secret Service guys even have a name for it, like the Clinton, or the Kennedy.

“Hey Chip, looks like ‘ol Strom Thurmond’s pulling another Jefferson tonight. Make sure his walker’s outside the door in about three minutes.”

Greeeaat, I’ll let the cleaning staff know it’s gonna be another late one.”

THANKS, OBAMA.

February 25, 2014

Lobbyist wants to ban gays from playing in the NFL

Filed under: Football, Law, Liberty, USA — Tags: , , , , — Nicholas @ 08:28

This is the sort of story that wouldn’t be out of place in the 1970s, but seems to have come adrift in the timestream and for some reason shows up today:

Just when it appeared that a supposedly modern, progressive society is willing to accept people for who they are and not force them to pretend to be something they’re not, someone is trying to kick the pendulum sharply in the other direction.

According to The Hill, lobbyist Jack Burkman said Monday that he’s preparing legislation that would ban gay players from the NFL.

“We are losing our decency as a nation,” Burkman said in a statement. “Imagine your son being forced to shower with a gay man. That’s a horrifying prospect for every mom in the country. What in the world has this nation come to?”

One must assume that Burkman’s belief is, contra Chris Kluwe, sharing a shower room with a gay man will magically turn you into a “lustful cockmonster”.

January 16, 2014

A political speech you’ll never hear

Filed under: Government, Humour, Politics, USA — Tags: , , — Nicholas @ 13:19

Jim Geraghty‘s congressman is retiring, so some have suggested that he should run to replace him. Here’s the speech he’ll never give:

I have been asked what I am willing to do to earn the great responsibility and honor of representing you in the House of Representatives. My answer is simple and direct: Absolutely nothing.

(Nervous laughter from crowd.)

My fellow Virginians, if you elect me to Congress, I promise that I will not lift a finger for the special interests, the corporate interests, the lobbyists, Big Oil, Big Business, Big Papi, the Big Ten, the Notorious B.I.G., or The Big Bang Theory. I won’t answer to them or any other one of our public discourse’s designated villains of the week.

(Cheering)

I can make this promise with confidence because I’m pretty sure I won’t do much of anything for you, either.

(Cheering stops)

This is an area where my principled commitment to limited government and my deep disinterest in dealing with your problems will align perfectly.

Do you want a deduction or tax credit written into the tax code to benefit your business? Well, tough, because you’re not getting it. Your business is supposed to thrive because it provides quality goods and services, not because it gets some special help from the IRS.

(Murmurs of discontent.)

[…]

Have you ever considered that maybe the reason Congress is so awful is you, dear voters? I mean, you elected these clowns. But even beyond that, most of the time when members of Congress interact with the public, they’re being asked for favors. The mail they get, the phone calls they get, most of the people who show up at their town halls – everybody’s asking them for something. Get more funding for this! Help us get money to do that! Make sure this agency spends more on this local project! Look, your congressman is not Santa Claus! […] Through your behavior and expectations, you’ve conditioned our elected leaders to think of themselves as walking ATMs.

Ask not what your country can do for you … because I’m sick and tired of your whining. Do it yourself.

(The crowd is silent and not happy.)

What do you say, Virginia? Are you ready for a congressman who has nothing to offer you but … well, basically nothing to offer you?

Crowd: BOOOOOOOOOO!

Guy in crowd: Hey, doesn’t Mary Katharine Ham live in this district, too?

Another guy in crowd: Let’s nominate her!

The crowd moves on.

January 15, 2014

President Obama’s speech shows his fear of “a backlash from national security agencies”

Filed under: Government, Liberty, USA — Tags: , , , , — Nicholas @ 09:38

Is the national security “tail” wagging the national “dog”?

President Obama will issue new guidelines on Friday to curtail government surveillance, but will not embrace the most far-reaching proposals of his own advisers and will ask Congress to help decide some of the toughest issues, according to people briefed on his thinking.

Mr. Obama plans to increase limits on access to bulk telephone data, call for privacy safeguards for foreigners and propose the creation of a public advocate to represent privacy concerns at a secret intelligence court. But he will not endorse leaving bulk data in the custody of telecommunications firms, nor will he require court permission for all so-called national security letters seeking business records.

The emerging approach, described by current and former government officials who insisted on anonymity in advance of Mr. Obama’s widely anticipated speech, suggested a president trying to straddle a difficult line in hopes of placating foreign leaders and advocates of civil liberties without a backlash from national security agencies. The result seems to be a speech that leaves in place many current programs, but embraces the spirit of reform and keeps the door open to changes later.

Emphasis mine.

January 9, 2014

Oh, that’s okay then – Congress has the same constitutional protections as other Americans (i.e., none whatsoever)

Filed under: Government, Law, Liberty, USA — Tags: , , , — Nicholas @ 10:59

Like Andrew Napolitano, I’m sure all members of congress heaved a sigh of relief when the NSA said that they have exactly the same constitutional right to privacy from surveillance as every other American does. Wait, what?

Last week, Sen. Bernie Sanders, I-Vt., wrote to Gen. Keith Alexander, director of the National Security Administration (NSA), and asked plainly whether the NSA has been or is now spying on members of Congress or other public officials. The senator’s letter was no doubt prompted by the revelations of Edward Snowden to the effect that the federal government’s lust for personal private data about all Americans and many foreigners knows no bounds, and its respect for the constitutionally protected and statutorily enforced right to privacy is nonexistent.

[…]

All of this is background to the timing of Sanders’ letter. That Clapper perjured himself before, and Alexander misled, Congress is nothing new. And the punishments for lying to Congress and for misleading Congress are identical: five years per lie or per misleading statement. Hence, the silence from the NSA to Sanders.

Well, it wasn’t exactly silence, but rather a refusal to answer a simple question. The NSA did reply to Sanders by stating — in an absurd oxymoron — that members of Congress receive the same constitutional protections as other Americans: that is to say, none from the NSA.

The NSA’s refusal to answer Sanders’ question directly is a tacit admission, because we are all well aware that the NSA collects identifying data on and the content of virtually every email, text message and phone call sent or received in the U.S. In fact, just last week, the secret FISA court renewed the order authorizing massive records collection for the 36th time. If members of Congress are treated no differently than the American public, then the NSA is keeping tabs on every email, text and phone call members of Congress send and receive, too.

That raises a host of constitutional questions. Under the Constitution, Congress and the executive branch are equals. The president — for whom the NSA works — can no more legally spy on members of Congress without a search warrant about the members to be spied upon than Congress can legally spy on the president. Surely the president, a former lecturer in constitutional law at the University of Chicago Law School, knows this.

There was a time when the NSA’s failure to answer such a straightforward question as Sanders has asked would have led to hearings and bipartisan investigations. However, Democrats are largely silent, choosing party and personality over principle, and Republicans know all of this started under President George W. Bush and are afraid to open a can of worms — except for King, who apparently likes to be spied upon.

January 2, 2014

QotD: Why progressive policy ideas get more media attention

Filed under: Media, Politics, Quotations, USA — Tags: , , , , , — Nicholas @ 11:34

When it comes to crafting winning political narratives, progressives have a natural advantage over conservatives. That’s because progressives have a free hand to project rosy visions of the future while conservatives must constantly defend against progressives’ distorted depictions of the past.

Two fundamental techniques undergird progressives’ success at narrative spinning. The first is skillful framing of the debate through investing heavily in public opinion making machinery. This disarms critics while giving lawmakers cover to vote for bills they’ve neither read nor understood. Thus framed, policies are judged only by their stated intentions, never their actual results. This allows politicians to promote new pieces of legislation named for their lofty objectives, even if the thousands of pages of vague and contradictory content deliver just the opposite.

The second is dodging all responsibility for failure. This is accomplished by blaming insufficient resources, the prior administration, the greedy 1 percent, sabotage by Republicans, or even the people’s obdurate failure to appreciate the progressive benefits conferred upon them. When the going gets tough, reality can be dismissed with a slogan. Forward!

Bill Frezza, “2013: The Year The Progressive Narrative Collided With Reality”, Forbes, 2013-12-30

Casualties from the most recent copyright term expansion

Filed under: Business, Law, Media, USA — Tags: , , , — Nicholas @ 09:14

At Techdirt, Mike Masnick mourns the creative works that should have entered the public domain yesterday, but thanks to Congress will remain locked up for much, much longer:

As they do every year, unfortunately, the good folks at the Center for the Study of the Public Domain at Duke have put together a depressing list of what should have entered the public domain yesterday. As you hopefully know, until 1978, the maximum amount of time that work in the US could be covered by copyright was 56 years (you initially received a 28 year copyright term, which could be renewed for another 28 years). That means, back in 1957, everyone who created the works in that list knew absolutely, and without a doubt that their works would be given back to the public to share, to perform, to build on and more… on January 1, 2014 at the very latest. And they all still created their works, making clear that the incentive of a 56 year monopoly was absolutely more than enough incentive to create.

And yet, for reasons that still no one has made clear, Congress unilaterally changed the terms of the deal, took these works away from the public, without any compensation at all, and will keep them locked up for at least another 40 years. At least.

[…]

And it’s not just arts and entertainment. The post points out plenty of science and technology is still locked up thanks to all of this.

    1957 was a noteworthy year for science: the USSR launched Sputnik 1 and Sputnik 2, IBM released the first FORTRAN compiler, and the UK’s Medical Research Council published an early report linking smoking and lung cancer. There were groundbreaking publications in the fields of superconductivity and astrophysics such as “Theory of Superconductivity” by John Bardeen, L.N. Cooper, and J.R. Schrieffer and “Synthesis of the Elements in Stars… ” by Geofrey Burbidge, Margaret Burbidge, William Fowler, and Fred Hoyle.

They further make an important point that while the works listed above grab all the attention, because they were so successful, the real shame is in lots of other works that are simply not available at all any more. And this would likely include all sorts of works from 1985. After all, works created in 1985, if created under the old law, would have been given an initial 28 year copyright term, which would also be expiring, and if history is any guide, the vast majority of those would not have their copyrights renewed. Instead, they’re locked up… and quite frequently completely unavailable, with a very real risk of being lost to history.

The really crazy part about all of this is that it’s the exact opposite of the entire original purpose of copyright. Copyright law was put in place specifically to encourage the creation of works that would be put into the public domain to promote learning, knowledge and understanding. Yet, instead, it’s been distorted, twisted and misrepresented into a system that is used solely to lock stuff up, make it less accessible and less available, limiting the ability to promote knowledge and learning. What a shame.

December 1, 2013

An even dumber argument for restoring the draft

Filed under: Military, Politics, USA — Tags: , , , — Nicholas @ 12:01

At Outside the Beltway, James Joyner calls this “justification” for restoring the draft the dumbest argument yet:

While I oppose bringing back military conscription, there are respectable arguments for doing so. The all-volunteer force allows the sons and daughters of the wealthy and powerful to avoid the burden of fighting our wars. It also makes sending young Americans into harm’s way easier.

But Dana Milbank offers a nonsensical reason for denying our youth the freedom to choose their own path:

    There is no better explanation for what has gone wrong in Washington in recent years than the tabulation done every two years of how many members of Congress served in the military.

    A Congressional Quarterly count of the current Congress finds that just 86 of the 435 members of the House are veterans, as are only 17 of 100 senators, which puts the overall rate at 19 percent. This is the lowest percentage of veterans in Congress since World War II, down from a high of 77 percent in 1977-78, according to the American Legion. For the past 21 years, the presidency has been occupied by men who didn’t serve or, in the case of George W. Bush, served in a capacity designed to avoid combat.

    It’s no coincidence that this same period has seen the gradual collapse of our ability to govern ourselves: a loss of control over the nation’s debt, legislative stalemate and a disabling partisanship. It’s no coincidence, either, that Americans’ approval of Congress has dropped to just 9 percent, the lowest since Gallup began asking the question 39 years ago.

    Because so few serving in politics have worn their country’s uniform, they have collectively forgotten how to put country before party and self-interest. They have forgotten a “cause greater than self,” and they have lost the knowledge of how to make compromises for the good of the country. Without a history of sacrifice and service, they’ve turned politics into war.

That few in Congress have served in the military is lamentable for many reasons, the most obvious of which is that it not only makes them less intimately familiar with the demands of combat but also tends to undermine civil-military relations by making our civilian leaders afraid to challenge our military brass. But the notion that having worn a military uniform somehow makes one immune from partisanship and foolishness is absurd.

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