Quotulatiousness

April 24, 2013

Copyright terms are almost certainly too long already

Filed under: Business, Economics, Law, Media — Tags: , , , , — Nicholas @ 11:59

At Techdirt, Mike Masnick makes the case for reducing the swollen length of time current copyrights are protected:

We’ve pointed a few times in the past to a chart from William Patry’s book, looking at how frequently copyright was renewed at the 28 year mark back when copyright (a) required registration and (b) required a “renewal” at 28 years to keep it another 28 years. The data is somewhat amazing:

Copyright renewal rates 1958-59

As you can see, very few works are renewed after 28 years. Only movies, at 74% are over the 50% mark. Only 35% of music and only 7% of books tells quite a story. It makes it quite clear that even the copyright holders see almost no value in their copyrights after a short period of time. It appears that the Bureau of Economic Analysis is coming to the same conclusion from a different angle. As Matthew Yglesias notes, as part of its effort to recalibrate how it calculates GDP, the BEA is considering money spent on the creation of content an “investment” in a capital good, which needs to be depreciated over the time period in which it is valuable. Frankly, I’m not convinced this is the smartest way to account for money spent on the creation of content, but either way, the BEA’s analysis provides some insight into the standard “economic life” of various pieces of content, which match up with the chart above in many ways.

April 21, 2013

Documentary War for the Web includes final interview with Aaron Swartz

Filed under: Liberty, Media, Technology — Tags: , , , , , — Nicholas @ 08:51

CNET‘s Declan McCullagh talks about an upcoming documentary release:

From Aaron Swartz’s struggles with an antihacking law to Hollywood’s lobbying to a raft of surveillance proposals, the Internet and its users’ rights are under attack as never before, according to the creators of a forthcoming documentary film.

The film, titled War for the Web, traces the physical infrastructure of the Internet, from fat underwater cables to living room routers, as a way to explain the story of what’s behind the high-volume politicking over proposals like CISPA, Net neutrality, and the Stop Online Piracy Act.

“People talk about security, people talk about privacy, they talk about regional duopolies like they’re independent issues,” Cameron Brueckner, the film’s director, told CNET yesterday. “What is particularly striking is that these issues aren’t really independent issues…. They’re all interconnected.”

The filmmakers have finished 17 lengthy interviews — including what they say is the last extensive one that Swartz, the Internet activist, gave before committing suicide in January — that have yielded about 24 hours of raw footage. They plan to have a rough cut finished by the end of the year, and have launched a fundraising campaign on Indiegogo that ends May 1. (Here’s a three-minute trailer.)

Swartz, who was charged under the Computer Fraud and Abuse Act, faced a criminal trial that would have begun this month and the possibility of anywhere from years to over a decade in federal prison for alleged illegal downloads of academic journal articles. He told the filmmakers last year, in an interview that took place after his indictment, that the U.S. government posed a more serious cybersecurity threat than hackers:

    They cracked into other countries’ computers. They cracked into military installations. They have basically initiated cyberwar in a way that nobody is talking about because, you know, it’s not some kid in the basement somewhere — It’s President Obama. Because it’s distorted this way, because people talk about these fictional kids in the basement instead of government officials that have really been the problem, it ends up meaning that cybersecurity has been an excuse to do anything…

    Now, cybersecurity is important. I think the government should be finding these vulnerabilities and helping to fix them. But they’re doing the opposite of that. They’re finding the vulnerabilities and keeping them secret so they can abuse them. So if we do care about cybersecurity, what we need to do is focus the debate not on these kids in a basement who aren’t doing any damage — but on the powerful people, the people paying lots of money to find these security holes who then are doing damage and refusing to fix them.

April 6, 2013

The madness of Kim Jong Un

Filed under: Asia, Media, Politics, USA — Tags: , , , — Nicholas @ 08:09

In his weekly “Goldberg File” email, Jonah Goldberg explains why he is much more concerned about North Korean provocations and expostulations:

The problem — I fear — is that Kim Jong Un has himself been duped. I could very well be wrong, but my concern is that unlike his father and grandfather, he’s come to believe the propaganda. Like Hitler in the bunker ordering that non-existent armies be moved into position, I fear he doesn’t realize that his country is, militarily speaking, like a giant bee. It can deliver a horrible sting, but once it does, it will die.

I also think he’s more than a few fries shy of a Happy Meal. People used to say he spent time in the West and so he can’t be all bad or too crazy. I love this kind of horsehockey. You know who else spent time in the West? Lenin, Marx, the Ayatollah Khomeini, Pol Pot, Ho Chi Minh, Sayyid Qutb, and Michael Jackson just to name a few. Now Michael Jackson may not have been a mass-murderer or advocate of murder, but he was Coo-Coo for Cocoa-puffs. Why? Because from childhood on he lived in a bubble. My guess is that Kim Jong Un’s bubble has always been a good deal thicker than Michael Jackson’s — at least Jackson went on tour. I fear the only difference between King Joffrey in Game of Thrones and Kim Jong Un, is that Joffrey is better looking, albeit with more ridiculous clothing. I wouldn’t be surprised if Un has told his aides that if Obama attacks, “I’ll give him a red smile.”

I’m only partly kidding, but it wouldn’t surprise me all that much if a contributing factor to Un’s belligerence was the recent release of the Red Dawn remake on DVD. If you’re a crazy dude who spends his days in pajamas drinking Long Island ice teas in your bunker as Romanian prostitutes let you win at Call of Duty and Dennis Rodman texts you compliments, that movie might just be all the proof you need that the Americans understand what a threat North Korea is. The message of the film, in Nork-Crazy-Talk at least, is that Americans should keep fighting even after the North Koreans crush our military.

Never Again, Again and Again.

Even if we end up appeasing North Korea yet again, and we kick the can down the road yet again, something needs to be said that isn’t said — or at least appreciated — enough. North Korea is really, really, really, evil. And one day, after the regime is finally gone, historians will look back on the Hieronymus Bosch hell that North Korea has been for decades and condemn us all for letting it endure as long as we did. Forced abortions, mass starvation of whole generations of children, torture, oppression and institutionalized cruelty of every imaginable kind is what distinguishes Juche as an ideology.

I am not arguing for invading North Korea — not because it would be wrong to do so but because the price of doing so is just too high. If we could overthrow the regime with a snap of the finger, I would spend my days snapping my fingers until King Jong Un and his whole pajama-clad clan were hanging from their feet in the streets of Pyongyang. But costs and benefits must be considered in foreign policy, and the costs of deposing the band of murderers is just too high. That said, the costs of not doing anything are high too. But since we don’t feel them, we don’t pay them. Doing nothing probably means consigning at least another generation of children to grow up physically stunted and deformed from hunger and mentally stunted and deformed by institutionalized barbarism. That is, if they are granted the privilege of growing up at all.

April 5, 2013

QotD: Warren Ellis explains why he doesn’t get to decide what gets turned into a movie or TV show

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

FAQ: I don’t get to decide what gets made into a tv series or film. I cannot, I’m afraid, cause people to give me money for things by magic or force of will. Because, let’s face it, if I could, you’d be part of the slave army building my hundred-mile-high golden revolving statue right now.

I’m glad we got that straightened out.

Warren Ellis, “FAQ: I Don’t Get To Decide What Gets Made Into A Movie Or TV Show”, WarrenEllis.com, 2013-04-04

April 3, 2013

El Neil on acting

Filed under: Media — Tags: , , , — Nicholas @ 09:16

In the latest Libertarian Enterprise, L. Neil Smith recounts his brief brush with acting:

It takes a particular kind of individual to be an actor.

I first became aware of this phenomenon in high school, when one of the English teachers cast and directed the only play I’ve ever been in (although I’d already had lots of stage experience as a musician), Anastasia.

The young lady the director chose to play the lead, I regret to say, was an utter non-entity of whom none of my friends or I (outcasts ourselves in our own way) had even been aware. You might say she was an ultra-wallflower, rather like the invisible girl in that episode of Buffy the Vampire Slayer you may remember. And yet she was so utterly brilliant and appealing in the difficult role that she brought tears to everybody’s eyes, and she earned a long, well-deserved standing ovation.

I have no idea what happened to her afterward.

There are exceptions, but in general, actors are people so empty, so devoid of personality, they need others to fill them up, writers to put words in their mouths, directors to tell them which piece of tape to stand on, when to move and how, specialists to dress them and apply paint to their faces, and a horde of other creatures exactly like them to inform them — through a sort of neural network like the nervous system of a jellyfish — what they should think and say on their own time.

March 18, 2013

James Lileks compares the new Oz to the original and finds it sorely lacking

Filed under: Media — Tags: , — Nicholas @ 12:14

Actually, just ignore all the stuff about the new film, because I think he’s really writing about the original Wizard of Oz:

I remember how hard the first part of the movie felt. The unsympathetic and careworn Auntie Em, the vicious Miss Gulch — we laugh now and say “dee-dee-dee-dee-deee deee” as a little joke for someone with a nasty personality, but when that dessicated = bitch showed up and took the dog, Dorothy’s misery broke your heart. I mean, she was taking the dog away to kill him. No one stood up to her. No one could.

The Kansas farmhouse was more ramshackle than my grandparent’s farm, but we had chickens and dirt roads, and every summer we feared the twister. The mindless twister scribbling destruction in the distance was our worst nightmare, because it could happen. It had happened. They tested sirens every month because they knew it would happen. When it came for Dorothy, she was alone; everyone else had taken shelter in the earth, leaving her to the winds.

[. . .]

It was the font of childhood terrors that were unstinting in their horrors, unmodulated for younger audiences: the implacable guards, the gibbering monkeys, the horrible moment when the witch upended the hourglass: that’s all you have longer to live, my pretty. Oz himself was terrifying, and he was supposed to be the guy who’d help them all.

There wasn’t anything else like this in the other things they let us see, and I’m not sure grown-ups realized how unreal and bizarre these things seemed. But they trusted us to process the morality of an extended song-and-dance sequence that celebrates the death of an oppressor. Not too many other shows we got to see had a coroner with a certificate who had good news, and the townsfolk shouting that the tyrant is in hell.

This was a good thing! Really. It was.

- The bittersweet and painful end, which was resolutely irresolute: the first time you see it as a kid you don’t know the farmhands are the characters from Oz, not really, and when they appear at the end at everything’s great because she’s home. But it’s not happily-ever-after, because no one but Dorothy knows what happened, or admits they knew; everyone’s face is a friend from the most wonderful dream she ever had, fading away before her eyes, replaced by the joy of being home in a world without color. A place she vows never to leave.

March 11, 2013

Science fiction’s blindspot on the looming corporate menace of the future

Filed under: Business, Media — Tags: , , , , — Nicholas @ 10:36

Kevin Williamson wonders why the dystopic corporate giant of so many science fiction books and movies doesn’t seem to be getting any closer to reality:

That the future will be dominated by amoral international (or interstellar) corporations is a constant theme of science fiction and, not unrelatedly, of progressive political thought. The rogues’ gallery includes Cyberdyne Systems (Terminator), Weyland-Yutani (Alien), Omni Consumer Products (Robocop), and Charlton Heston’s friends at Soylent Inc. The gold standard of the genre is the Tyrel Corporation, from Ridley Scott’s 1982 film Blade Runner, an adaptation of Philip K. Dick’s 1968 novel, Do Androids Dream of Electric Sheep?. The film, which is indisputably a visual masterpiece, is much heavier on the theme of corporate dominance than the novel is, which is strange: The corporation of 1982 was a smaller and weaker thing than the corporation of 1968.

At its best, science fiction imagines a future that illuminates the present, but on the subject of the social role of the corporation, science fiction has long been backward-looking, out of touch with the reality it would analyze. The cultural imagination at large shares this error, though it is difficult to say how much this defect in science fiction is a result of the cultural error and how much it is the cause. But it would be difficult to overstate how deeply the specter of the villainous corporation shapes American political thought. The influence is more visible the farther to the left one moves along the political spectrum. Occupy Wall Street was probably at least as much influenced by science-fiction visions of corporate dystopias as it was by any kind of organized political thought. There were unmistakably Maoist elements to Occupy, but the sinister connotations of the very word “corporation” are by no means heard by only those ears attached to the addled heads of committed leftists.

Do Androids Dream of Electric Sheep? was set in 1992, Blade Runner in 2019, yet here we are, well into the 21st century, and there is still no colossal Tyrel Corporation bestriding the globe, and nothing like the corporate sovereignties of Jennifer Government. As myth, the corporate dystopia remains undiminished in its power. But the function of myths is to illuminate reality, and the reality is that there is no Tyrel Corporation today, and none on the horizon. If you want to know what the corporation of tomorrow looks like, don’t think Cyberdyne — think Groupon.

You would not know it from reading fiction, speaking with Occupy types, or listening to the speeches at the Democratic National Convention, but the corporation as we know it is in decline: The average size of a corporation as measured by personnel has been diminishing since 1975. In 1955 the largest U.S. company, General Motors, employed 576,000 people out of a U.S. population of 166 million; today Exxon Mobil, the largest U.S. company, employs only 82,000 people. Microsoft employs fewer than 100,000 people worldwide; Google employs about 54,000, and Facebook fewer than 6,000.

March 4, 2013

Hollywood accounting tricks … bring your own popcorn for this one

Filed under: Business, Law, Media, USA — Tags: , — Nicholas @ 13:01

At Techdirt, Mike Masnick is looking forward to some amusing courtroom antics as this case comes up:

We’ve discussed a few times the concept of Hollywood Accounting, which covers the various tricks of the trade pulled by the big studios to basically keep all the money for themselves, and guarantees that the movie is never, ever seen as “profitable,” as that would mean they would need to share some of the profits. It appears that we may be about to see significantly more dirty laundry revealing some of that Hollywood Accounting in detail. And this time, it’s extra special because it involves two companies who were corporate siblings for much of the time in dispute, as both were owned by Vivendi. However, StudioCanal is now suing Universal, claiming that Universal pulled accounting tricks to deny giving StudioCanal many, many millions of dollars that were owed.

February 25, 2013

What Argo doesn’t show about “The Canadian Caper” of 1979

Filed under: Cancon, History, Middle East, USA — Tags: , , , , , — Nicholas @ 13:15

In Maclean’s, one of the American diplomats who took part in the actual hostage drama in Tehran provides a bit of supplementary material to the film Argo:

Ben Affleck’s Argo has stormed box offices, collected awards [. . .] yet Canadians of a certain age may find themselves thinking: This is not quite how I remember those days. I was there when Iranians took over the American Embassy in Tehran, and it is not quite how I remember them either. Argo is terrific entertainment, but it tells only a part of our story, and says nothing at all about many of the real heroes — most Canadian — who helped rescue us. Before Argo came along, our rescue was routinely called the “Canadian Caper.” It still should be. The operation consisted of four distinct phases. Three were almost entirely Canadian, and only one involved significant U.S. assistance.

For those not of a certain age, a brief summary is a good starting point. Nov. 4, 1979 brought cold rain and hinted of trouble of a different sort. Two weeks earlier, then-president Jimmy Carter decided to admit the former shah of Iran to the U.S. for cancer treatment. Iranians were outraged; many suspected it was a plot by the U.S. Central Intelligence Agency to remove Iran’s new ruler, Ayatollah Ruhollah Khomeini, and put the shah back in charge. Protests outside Tehran’s U.S. Embassy had become daily occurrences. That November morning, demonstrators climbed the gate and soon controlled the compound.

[. . .]

Phase four always receives the least attention. The U.S. government was desperate to keep the CIA’s role secret, rightly fearing its disclosure might endanger the hostages (who weren’t freed until 1981). This concern was sufficiently real that we were asked to live under false names in Florida until the hostages were set free. I was looking forward to seeing how many speeding tickets my alter ego could accumulate, but La Presse decided to publish Jean Pelletier’s story once the Canadian Embassy in Tehran had closed. We came home to a rousing reception and the Canadians were asked to claim complete credit for our escape. That job understandably fell to ambassador Taylor, who spent the better part of a year on the rubber chicken circuit at receptions to honour the Canadian government and people for helping us. Some have said he did the job too well, or failed to share the credit with other embassy staff. My own experience contradicts this. I heard Taylor speak several times. He always mentioned his staff. I also tried, during press interviews I gave, to mention others, particularly the Sheardowns. My comments were edited out. It seemed the press could handle only one hero at a time. Unfortunately, this meant John Sheardown, who was indispensable in phase one, became invisible in phase four. I truly believe John did not care. He did his duty as he saw it. For those who loved and respected him, it was painful.

[. . .]

As I wrote at the beginning, Argo is a wonderful film. Not because it is historically accurate, but because, aside from its technical brilliance, it reminds us of a time when ordinary people performed great deeds, and two neighbours that feud over many small and not so small things came together and did something magnificent. Maybe it didn’t change history, but for we six house guests it was truly life changing. And it was, and should always remain, the Canadian Caper.

Hollywood’s addiction problem

Filed under: Business, Government, Media, USA — Tags: , , , — Nicholas @ 09:19

It’s not addiction to drugs — although we can be sure there’s more than enough of that — it’s addiction to government subsidies, tax credits, and special privileges not available to ordinary businesses:

With campaign season over, you’re not likely to hear stars bringing up taxes at [the] Academy Awards show. But the tax man ought to come out and take a bow anyway. Of the nine “Best Picture” nominees in 2012, for example, five were filmed on location in states where the production company received financial incentives, including The Help (in Mississippi) and Moneyball (in California). Virginia gave $3.5 million to this year’s Oscar-nominated Lincoln.

Such state incentives are widespread, and often substantial, but they don’t do much to attract jobs. About $1.5 billion in tax credits and exemptions, grants, waived fees and other financial inducements went to the film industry in 2010, according to data analyzed by the Center on Budget and Policy Priorities. Politicians like to offer this largess because they get photo-ops with celebrities, but the economic payoff is minuscule. George Mason University’s Adam Thierer has called this “a growing cronyism fiasco” and noted that the number of states involved skyrocketed to 45 in 2009 from five in 2002.

In its 2012 study “State Film Studies: Not Much Bang For Too Many Bucks,” the Center on Budget and Policy Priorities found that film-related jobs tend to go to out-of-staters who jet in, then leave. “The revenue generated by economic activity induced by film subsidies,” the study notes, “falls far short of the subsidies’ direct costs to the state. To balance its budget, the state must therefore cut spending or raise revenues elsewhere, dampening the subsidies’ positive economic impact.”

February 21, 2013

From the sublime to the ridiculous, warship edition

Filed under: Humour, Media, Military — Tags: , , , — Nicholas @ 09:56

One of the most influential propaganda films of all time meets one of the least. BATTLESHIP POTEMKIN: a mashup trailer created by Josh Nelson.

H/T to Mary Ann Johanson, via John Scalzi.

February 20, 2013

Rare praise for obscure movie director of the 1970′s

Filed under: Humour, Media — Tags: , , — Nicholas @ 13:30

He apparently goes by the same name as one of the most reviled movie figures of the last 20 years:

It’s hard to imagine now, but the original Star Wars movie was more than just a star-spanning, kid-pleasing action flick. It was also a rule-breaking, expectation-thwarting one-film rebel alliance.

For instance, remember how the movie starts with a blare of trumpets and the title, followed the text crawl, followed by the actual movie? Notice how there aren’t three minutes of “Doopdy Doo Pictures and Skippity-Skip Entertainment Present … A Furfty Fur/Yonker Boo Production … A Glarpton Spitcake Film … Elwee Groodicle … Robbles Pancake … Spankster Carmont … and Bliss Underham … Casting by Arhop Maser, C.S.A … Music by Hambone Jury … Cheese Table Relocation by Hollywood Dairy Movement L.L.C.” and so forth? Lucas was fined $250,000 for that. Specifically, he was fined by the Director’s Guild for not having an opening director credit. That’s right, he was fined for not giving himself credit before the film even starts.

Or take the fact that there are two main characters who not only don’t speak English, but whose growlings and bleepings aren’t even translated into subtitles.

Oh, and one more thing. It’s science fiction. These days you can’t swing a large popcorn without hitting a science-fiction blockbuster right in the hyperdrive, but at the time there hadn’t been a really successful science fiction movie in nearly a decade. Just by setting his film in a galaxy far, far away — not to mention long, long ago — Lucas was defying the conventional movie-making wisdom of the time.

The point is that while Star Wars is the spaceship that launched a thousand clichés, it achieved its success by being something profoundly original. So here’s my unsolicited advice to Abrams, and moreover to the hundreds of entertainment bureaucrats who are going to want to have their meddling incorporated into the upcoming Star Wars VII: Action of the Noun: Don’t give into the Dark Side. Don’t incorporate the following clichés that have increasingly infested sequels for the past 35 years.

January 22, 2013

The broken window fallacy in Middle Earth

Filed under: Economics, Media — Tags: , , , — Nicholas @ 10:36

Yes, even in the Third Age, there were Keynsian apologists:

Over on the Guerrilla Economist blog, Ust Oldfield discusses the economic consequences of the dragon Smaug on Tolkien’s fictional universe, Middle Earth. He argues that the net effect on Middle Earth’s economy may well have been positive. Both Dwarves and dragons hoarded the gold, so there would have been no monetary shock from the rapid withdrawal of so much precious metal from the economy. The Dwarves were then forced to offer their labour and skills to the outside world as refugees, contributing to the economy at large.

Perhaps. But there is something wrong with this picture. Ust neglects to mention that much of the Dwarven kingdom of Erebor and nearby Dale were utterly destroyed. Thousands of years’ worth of accumulated physical, human (or should that be Dwarven?) and social capital incinerated. In order to have a net positive effect on the economy of Middle Earth, the Dwarves’ integration with the wider economy must outweigh this massive destruction of wealth. This is unlikely, to say the least. For a start, the human city of Dale existed because of its trade with Erebor. Therefore the Dwarves were already engaging in peaceful and mutually beneficial exchange with the rest of Middle Earth. The Dwarves’ actions as refugees can only have created less value if their highest-value, voluntary choices were forcibly eliminated.

January 21, 2013

Should Bilbo have consulted his solicitor?

Filed under: Law, Media — Tags: , , , — Nicholas @ 09:23

In Wired, James Daily analyzes the contract between Bilbo Baggins and Thorin’s company:

Ordinarily I don’t discuss legal issues relating to fictional settings that are dramatically different from the real world in terms of their legal system. Thus, Star Wars, Star Trek, Tolkien’s Middle Earth, etc. are usually off-limits because we can’t meaningfully apply real-world law to them. But the contract featured in The Hobbit: An Unexpected Journey was just too good a topic to pass up, especially since you can buy a high-quality replica of it that is over 5 feet long unfolded.

First, it seems fairly clear (to me, anyway) that Tolkien wrote the Shire (where hobbits live) as a close analog to pastoral England, with its similar legal and political structures. For example, the Shire has a mayor and sheriffs, and there is a system of inheritance similar to the common law. The common law fundamentals of contract law have not changed significantly since the time that the Shire is meant to evoke, so it makes sense that the contract would be broadly similar to a modern contract (and likewise that we could apply modern contract law to it).

So, without further ado, let’s get to it.

January 9, 2013

The only movie awards that really matter: The Razzies

Filed under: Media — Tags: , — Nicholas @ 09:03

The BBC gives us the highlights of the nominations for the Razzies:

The final instalment of the Twilight saga has dominated the shortlist for this year’s Razzies, which single out the worst movies of the last 12 months.

Twilight: Breaking Dawn Part 2, which made $814m (£507m) at the box office, has 11 nominations in 10 categories, including worst film and worst sequel.

Its stars Kristen Stewart and Robert Pattinson are also listed in the “worst screen couple” category.

Critically-reviled blockbuster Battleship received seven nominations.

Among them was worst supporting actress for pop star Rihanna, who made her acting debut as a US Navy Seal in the film, which was based on the classic grid-based boardgame.

Other notable nominations included actor-director Tyler Perry, who was cited for worst actor and worst actress — thanks to his cross-dressing role in Madea’s Witness Protection.

Comedian Adam Sandler won both categories last year, for playing a twin brother and sister in Jack and Jill. His latest film, bad-taste comedy That’s My Boy, picked up eight nominations in this year’s shortlist.

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