Quotulatiousness

September 30, 2012

Innovative idea? Better get congressional approval before you go to market

Filed under: Bureaucracy, Law, Liberty, USA — Tags: , , , , — Nicholas @ 11:27

Radley Balko linked to this story on Twitter, nominating it for the most “incredibly dumb IP story of the day“. Hard not to agree, possibly even upping that nomination to “of the month” or possibly even “of the year”. Techdirt‘s Mike Masnick has the details:

One of the reasons why we live in such an innovative society is that we’ve (for the most part) enabled a permissionless innovation society — one in which innovators no longer have to go through gatekeepers in order to bring innovation to market. This is a hugely valuable thing, and it’s why we get concerned about laws that further extend permission culture. However, according to the former Register of Copyrights, Ralph Oman, under copyright law, any new technology should have to apply to Congress for approval and a review to make sure they don’t upset the apple cart of copyright, before they’re allowed to exist. I’m not joking. Mr. Oman, who was the Register of Copyright from 1985 to 1993 and was heavily involved in a variety of copyright issues, has filed an amicus brief in the Aereo case (pdf).

[. . .]

But he goes much further than that in his argument, even to the point of claiming that with the 1976 Copyright Act, Congress specifically intended new technologies to first apply to Congress for permission, before releasing new products on the market that might upset existing business models:

    Whenever possible, when the law is ambiguous or silent on the issue at bar, the courts should let those who want to market new technologies carry the burden of persuasion that a new exception to the broad rights enacted by Congress should be established. That is especially so if that technology poses grave dangers to the exclusive rights that Congress has given copyright owners. Commercial exploiters of new technologies should be required to convince Congress to sanction a new delivery system and/or exempt it from copyright liability. That is what Congress intended.

This is, to put it mildly, crazy talk. He is arguing that anything even remotely disruptive and innovative, must first go through the ridiculous process of convincing Congress that it should be allowed, rather than relying on what the law says and letting the courts sort out any issues. In other words, in cases of disruptive innovation, assume that new technologies are illegal until proven otherwise. That’s a recipe for killing innovation.

The Two Scotts’ NFL picks for the week

Filed under: Football, Humour — Tags: — Nicholas @ 11:13

I don’t take my NFL picks very seriously, but Scott Feschuk and Scott Reid are as unserious as possible:

San Francisco (minus 4) at New York Jets

Feschuk: […] Now the lockout is over, which is great for football but also a little disappointing. Week 4 brings a whole new slate of games that the replacement officials could have turned into shitshows and I for one was looking forward to seeing what they would do horribly, horribly wrong next. Botch a penalty call? Fail to place the ball on the correct line of scrimmage? Get Chinese food delivered to the red zone? Or maybe this would finally have been the week they called the two tallest players to midfield for a jump ball. […] Pick: San Francisco.

Reid: […] And I was very disappointed indeed when the Vikings put up 146 yards on the ground against my boys in gold. But all things considered, I should have seen this coming. Under the dome in Minny is a tough place to play. The Vikings have an explosive running game. Plus, all year the Niners secondary has been bend, not break. And they got bent a lot in Minnesota (right over the dishwasher as the boys down at the Legion like to say). The good news is that they’ve gotten the boneheaded game plan of the year out of the way nice and early. Here’s a tip Niners: Give Gore more than 12 touches. The Jets are ranked 28th in the league against the run. They couldn’t stop Kat Deeley. Pick: San Francisco.

[. . .]

Seattle (minus 2.5) at St. Louis

Reid: What can you say about the end of Monday night’s game in Seattle that hasn’t already been said by monkeys flinging poop (yes, that means you entire population of Twitter). I’m not suggesting that the Marx Brothers skit passed off as officiating gave the real referees added bargaining leverage but Ed Hochuli demanded that Roger Goodell lovingly massage his biceps each Saturday night as part of any new collective agreement. It’s being called the Absorbine Jr. clause. Lost in all the screeching injustice and flatulent ineptitude was a thoroughly unimpressive offensive effort by Seattle quarterback Frodo Baggins. Russell Wilson is so small he has to stand on a stool to ask Doug Flutie for advice. (For the record, Flutie’s answer to any question is: “I should be starting.”) Wilson threw only nine completions during the game – 10 if you count his pass to MD Jennings. However, there is that defence… Pick: Seattle.

Feschuk: I’ve seen a lot of impressive things in my time – I’ve stood two feet from Angelina Jolie, four feet from Gwyneth Paltrow and right damn next to a Baconator – but I’m not sure I’ve seen anything as impressive as Golden Tate keeping a straight face while telling reporters that, yeah, absolutely, I totally caught that ball in the end zone. Pick: Seattle.

Tracking (smaller) space junk in orbit

Filed under: Space, Technology, USA — Tags: , , , — Nicholas @ 11:04

Strategy Page on the latest developments in tracking even smaller pieces of space junk in orbit around the Earth:

The U.S. Air Force is spending nearly $4 billion to build a S-Band radar on Kwajalein Island in the Pacific. This will make it easier and cheaper to find and track small (down to 10mm/.4 inch) objects in orbit around the planet. Such small objects are a growing threat and Space Fence will make it possible to track some 300,000 10mm and larger objects in orbit.

Getting hit by an object 100mm (4 inch wide), if it’s coming from the opposite direction in orbit, results in an explosion equivalent to 20 kg (66 pounds) of TNT. That’s all because of the high speed (7 kilometers a second, versus one kilometers a second for high-powered rifles) of objects in orbit. Even a 10mm object hits with the impact of 50-60 g (2 ounces) of explosives. In the last 16 years eight space satellites have been destroyed by collisions with one of the 300,000 lethal (10mm or larger) bits of space junk that are in orbit. As more satellites are launched more bits of space junk are left in orbit. Based on that, and past experience, it’s predicted that ten more satellites will be destroyed by space junk in the next five years. Manned space missions are at risk as well. Three years ago a U.S. Space Shuttle mission to fix the Hubble space telescope faced a one in 229 chance of getting hit with space junk (that would have likely damaged the shuttle and required a backup shuttle be sent up to rescue the crew). Smaller, more numerous, bits of space junk are more of a danger to astronauts (in space suits) working outside. The shuttle crew working outside to repair the Hubble satellite had a much lower chance of being killed by space junk because a man in a space suit is much smaller and the space suits are designed to help the person inside survive a strike by a microscopic piece of space junk.

If you’re not getting enough convictions on drug charges, tamper with the evidence at the lab

Filed under: Law, Liberty, USA — Tags: , , , , , — Nicholas @ 10:56

The war on drugs is already insane enough, with civil liberties being curtailed in pursuit of drug dealers and even drug users. The number of US citizens in prison for drug charges helps make the US one of the most-imprisoned societies in the world. But even with all that, things can still get worse, as this story from the Huffington Post shows:

“Annie Dookhan’s alleged actions corrupted the integrity of the entire criminal justice system,” state Attorney General Martha Coakley said during a news conference after Dookhan’s arrest. “There are many victims as a result of this.”

Dookhan faces more than 20 years in prison on charges of obstruction of justice and falsely pretending to hold a degree from a college or university. She testified under oath that she holds a master’s degree in chemistry from the University of Massachusetts, but school officials say they have no record of her receiving an advanced degree or taking graduate courses there.

State police say Dookhan tested more than 60,000 drug samples involving 34,000 defendants during her nine years at the Hinton State Laboratory Institute in Boston. Defense lawyers and prosecutors are scrambling to figure out how to deal with the fallout.

[. . .]

Verner said Dookhan later acknowledged to state police that she sometimes would take 15 to 25 samples and instead of testing them all, she would test only five of them, then list them all as positive. She said that sometimes, if a sample tested negative, she would take known cocaine from another sample and add it to the negative sample to make it test positive for cocaine, Verner said.

September 29, 2012

Regulating the size of soft drinks won’t solve the obesity problem, but will infringe on individual rights

Filed under: Food, Health, Law, Liberty, USA — Tags: , , , , , — Nicholas @ 10:41

At Reason, Baylen Linnekin explains that even if all the claims about the nutritional evils of sweetened soft drinks are completely true, regulations will not actually make much difference:

As an opponent of increased regulations, I find these latter scientific points noteworthy. But I also believe that even if sugar-sweetened drinks turn out to be virtually everything their opponents claim, people still have a right to buy and drink these beverages — just as much, as I argued in a recent Bloggingheads debate, as they have a right to buy a Big Mac. After all, we don’t have a right to free speech or to travel from one state to another because speech or travel has been proven by the scientific community to promote good health.

But suppose, for the sake of argument, I was to take at face value the assertions of those who claim the NEJM studies justify some combination of sugary drink taxes and bans.

There is still this problem: The solutions these advocates propose won’t likely solve the problem of obesity. For example, studies have suggested taxes will have little or no impact on obesity. And not one person has (to the best of my knowledge) even attempted to argue that soda bans would have any specific impact, either — unless one counts “sending a message” or “creating a debate” as conditions precedent to weight loss.

There is also the issue of a genetic predisposition, which again is one finding of the studies. Many people are genetically predisposed to certain food allergies — including soy, dairy, gluten, nuts, and seafood — and food intolerances. I have never seen a researcher or AP journalist like Marchione argue seriously that the widespread impact of food allergies “adds weight to the push for taxes” on wheat, tofu, and shrimp. Yet if one were to buy the argument of those calling for taxes and bans to combat consumption of sugary drinks in light of the NEJM studies, one would have to accept the idea of taxing society writ large based largely on the outcomes of what these researchers argue is a genetic condition.

Disabusing Canadians about mercantilism, one tweet at a time

Filed under: Cancon, Economics — Tags: , , , — Nicholas @ 10:29

Stephen F. Gordon is waging a lonely campaign to persuade Canadians that free trade is better than the managed, mercantilist “free trade” most of our governments have wanted since the NAFTA negotiations:

He comes not to praise Mists of Pandaria but to bury it

Filed under: Gaming — Tags: , — Nicholas @ 09:23

A harsh review of the latest World of Warcraft expansion in the PC World gaming column:

As I’ve played the new WoW expansion this week and journeyed through the lands of Pandaria I’ve been struck by two seemingly contradictory facts: Blizzard has crafted the best expansion for World of Warcraft yet, and if I didn’t have a ton of friends playing the game I would likely never open up WoW again.

As if to stick the knife in further, he closes the column by praising some direct competitor games for various aspects, but one particular game comes in for the highest accolades:

This year has seen the release Guild Wars 2, Star Wars: The Old Republic, and The Secret World. Of those 3 only Guild Wars 2 has had any real success, but all three of them manage to innovate on WoW’s formulae in interesting ways. The Old Republic and The Secret World both tell better stories more ably than WoW did at the time (though with Mists of Pandaria it seems like Blizzard is catching up) and Guild Wars 2 manages to do something even more impressive.

It created an MMO I want to play not just with my friends, but with anyone.

When I see another player out questing in WoW I’m annoyed. I’m expecting them to grab my quest items, enemies and other resources for themselves. In theory I can group up with at least some of these players, but in practice they usually steal my kills and run off before I can click on them and ask them to join. Even if I do manage to do so, they have little incentive to join me; they’ve already gotten credit for the quest and have no reason to help me.

Guild Wars 2, on the other hand, rewards cooperation at every turn. Every player that contributes to a kill gets loot and experience even if they aren’t grouped together. Every player is rewarded for contributing to quest objectives even if other players contributed more. Every time another player shows up on your screen in PvE, that player can only help you.

CN experiments with natural gas for its locomotives

Filed under: Business, Cancon, Railways, Technology — Tags: , , — Nicholas @ 00:01

Canadian National Railways is running a limited experiment with a pair of retro-fitted diesel locomotives converted to running on natural gas:

Canadian National Railway is exploring whether its feasible to use cheap and relatively clean natural gas to power its trains instead of diesel.

CN has retrofitted two of its existing diesel-fired locomotives to run mainly on natural gas. It’s testing the locomotives along the 480-kilometre stretch between Edmonton, a key energy processing and pipeline hub, and the oilsands epicentre of Fort McMurray, Alta.

Longer term, CN and three other partners are looking at developing an all-new natural gas locomotive engine as well as a specialized tank car to carry the fuel.

September 28, 2012

Even when they quote you accurately, they can still miss the point you’re trying to make

Filed under: Economics, Food, Media, Quotations — Tags: , — Nicholas @ 10:11

Tim Worstall, after thanking all the folks who got him to the point he can be quoted (and quoted accurately) in the Los Angeles Times, realizes that they’re using his words to present a point he isn’t trying to make:

I wrote here about the coming bacon famine. My point was that we’ve just had a bad crop and this requires a modest change in how we use that crop that we do have. We’d rather like people to stop feeding the now in short supply grains to pigs to make bacon and leave rather more of it to be eaten directly by humans. Further, I gloried in the fact that we have a system which achieves this. We have the futures markets: the future price of corn and soy and wheat has gone up. Farmers are culling their pig herds to avoid the future higher costs of feeding them. This will cause a shortage of bacon in the future and if not an excess then certainly more grain than otherwise that can be eaten by humans. I do regard this as a good result, yes. But what I am pointing to is the way in which in a market, price driven, system the entirely selfish pursuit of gelt and pelf, the desire purely for filthy lucre, brings about such a desirable result. The sole desire of agricultural commodity speculators is to increase the amount of cash in their wallets and reduce the amounts in those of other such speculators. Yet from this system we get a rebalancing of the use of a scarce resource which leads to more humans leading longer and better lives even if we’ve a certain shortage of pigs. At which point Hurrah! for capitalism and aren’t we all such lucky people.

[. . .]

Which is indeed what I said. However, we’re then told this:

    Worstall doesn’t go so far as to say we should stop eating meat, but his line of thinking is headed in the right direction. If we didn’t use grain as feed for livestock, we could take significant steps toward ending global hunger while also drastically reducing greenhouse gases. Meantime, we’d spare a whole lot of pigs — and maybe even our health.

All of which makes me sound like some kind of hippie, advocating vegetarianism and the equitable distribution of the world’s resources. When what I’m actually applauding is the way in which financial capitalism red in tooth and claw solves our distribution of scarce resources problems.

This week in Guild Wars 2

Filed under: Gaming — Tags: , — Nicholas @ 09:56

My weekly community round-up at GuildMag has been posted. The game is now a month old, and the community is still posting game-related blog posts, videos, podcasts, and fan fiction at a blistering pace.

Defending the welfare state … badly

Filed under: Bureaucracy, Europe, Government — Tags: , , , , — Nicholas @ 08:27

At sp!ked, David Clements reviews a new book by Asbjorn Wahl which inadvertently exposes some of the very real problems of the modern welfare state in the process of praising and defending it:

Asbjorn Wahl is a trade unionist, director of the Campaign for the Welfare State and Norwegian. While you shouldn’t judge a book by the biog of its author, far less his nationality, it is fair to say that when I opened his new book, The Rise and Fall of the Welfare State, I wasn’t expecting much.

He begins, as all defenders of the welfare state must, with a bleak account of the public; that is, of the welfare state’s helpless, vulnerable clients and potential clients. There is a ‘feeling of powerlessness and apathy among people’, says Wahl, a feeling of ‘tragic stories’ too numerous to mention. As well as discovering an ‘unexpectedly large number… of victims of workfare’, he finds other people suffering ‘bad health and ever-more demanding work’. He tells us ‘stories of people who struggle with their health, then their self-confidence and their self-image’. As I heard a man on a picket line tell a Sky News reporter recently, everyone is ‘sick and tired of being sick and tired’.

[. . .]

Wahl is critical of both the anti-democratic tendencies of the European Union and the imposition of the ‘economic straitjacket’ resulting from the attack on living standards in the Eurozone periphery countries. But his call for the ‘stimulation of the economy, investment in infrastructure and in productive activities’ can hardly be taken seriously given his doubts about the benefits of economic growth. While attempts by Europe’s governments to counter the financial crisis, and in so doing to create public debt crises, have, as Wahl says, been ‘exploited as an excuse to make massive, intensified attacks on the welfare state’, this does not in itself invalidate the attack. His view that capitalist excess is responsible for all of Europe’s ills is also his blind spot when it comes to seeing the damage done by an increasingly therapeutic welfarism. In truth, the welfare problem is not something dreamt up by neoliberals (whoever they are). Rather, it is symptomatic of a political culture that robs people of their agency, something that you might expect somebody like Wahl to be opposed to. Far from it. ‘Good social security’, he says, ‘gives people that much-needed self-confidence boost that enables them to become active players in society’.

As this back-to-front and patronising rationale makes clear, today’s welfare state infantilises people. It tells them that they are too damaged to function without its official hand-holding and belittling interventions. Any ‘progressive’ movement would surely endorse the contrary view that people should be treated as morally independent beings, responsible for their own actions? But to say as much is to invite the charge that you are horribly right wing and endorse ‘welfare-to-work’ policies (which, incidentally, sound rather more like the unforgiving and austere welfare state envisioned by its founders than that proposed by its supposed critics).

The future of electronics might be biodegradable

Filed under: Health, Technology — Tags: , , — Nicholas @ 08:14

Brid-Aine Parnell at The Register, talking about specialized electronic development:

When it comes to electronics, boffins are usually going one way — how to make them smaller, faster and longer lasting, but a few researchers are going against the tide — looking for electronics that can last just a moment and then disappear.

At the University of Illinois, with help from Tufts and Northwestern Universities, scientists have come up with biodegradable electronics that can do their job and then dissolve. Apart from reducing the amount of consumer electronics in landfills, the disappearing gizmos could also work as medical implants, before dissolving in bodily fluids, as environmental monitors or any other device that needs to disappear.

“From the earliest days of the electronics industry, a key design goal has been to build devices that last forever — with completely stable performance,” Illinois professor of engineering and project leader John Rogers said.

“But if you think about the opposite possibility — devices that are engineered to physically disappear in a controlled and programmed manner — then other, completely different kinds of application opportunities open up.”

Reason.tv: Rachel Carson’s Silent Spring at 50 Years

Filed under: Books, Environment, History, Media, USA — Tags: , , — Nicholas @ 07:57

“It’s not polite to talk about brown and black people dying because rich white people in America feel better about themselves when the brown and black people don’t get to use DDT,” says the University of Alabama’s Andrew Morriss, co-editor of the new book Silent Spring at 50: The False Crises of Rachel Carson.

Published by the Cato Institute, the collection of essays by environmentalists, law professors, economists, and other analysts argues that the legacy of Carson’s best-known book — widely considered the starting point of the modern environmentalist movement and the international ban on the malaria-fighting pesticide DDT — has caused many more problems than it has solved.

Reason‘s Katherine Mangu-Ward sat down with Morriss to talk about Carson’s work and influence on environmental policy.

September 27, 2012

Duelling reading lists for military science

Filed under: Books, History, Media, Military — Tags: — Nicholas @ 12:46

Foreign Policy listed the “Top 10” books as recommended by the US Military Academy at West Point:

  • On War, Carl von Clausewitz, 1832. I’ve read this, but perhaps it’s better in the original than in translation.
  • Some Principles of Maritime Strategy, Julian Stafford Corbett, 1911.
  • History of the Art of War Within the Framework of Political History (4 volumes), Hans Delbruck, 1920. I’ve read the first three volumes, and keep meaning to dig out the fourth to finish the series.
  • The Command of the Air, Giulio Douhet, 1921.
  • Battle Studies, Ardant Du Picq (Du Picq died in 1870 with the book incomplete: it was finished after his death based on his notes.)
  • The Art of War, Antoine Henri Jomini, 1838.
  • The Art of War, Niccolo Machiavelli, 1521.
  • The Influence of Sea Power Upon History 1660-1783, Alfred Thayer Mahan, 1890. I started reading this one several years back and never got back to it. Another one I should dig up and finish.
  • The Art of War, Sun Tzu, 4th century BC. I never read this, partly because it was pushed relentlessly as a “business book” in the 1980s, so I just avoided it. The excerpts I’ve seen quoted do seem to show its value for pulling out vague aphorisms…
  • The Peloponnesian War, Thucydides, 4th century BC. Thucydides did not complete the work, with the last several years of the war still to be fought. Xenophon’s Hellenika picks up the thread (literally the first words of the book are “And after this”.

John Arquilla comments on the list and adds some recommendations of his own:

For those drawn to West Point’s recommendation to read Thucydides, I suggest taking a look also at Sallust’s The Jugurthine War. Jugurtha of Numidia (today’s northern Algeria) fought a bitter guerrilla war against Rome, some 50 years before Julius Caesar’s great campaigns, that Sallust captured with verve. He also spoke to the corruption of Roman character that came with protracted exposure to this kind of fighting.

Hans Delbrück, whose four-volume history of ancient, medieval and early modern warfare that West Point selected, can be nicely complemented by Lt. Gen. John Bagot Glubb’s The Great Arab Conquests. His survey of the sweeping seventh-century victories of Muslim warriors is of the highest analytic and literary quality, a principal observation being that much of the world of that time was shaped by the irregular “pirate strategy” the Arabs adopted. That is, they used the desert as an ocean and came raiding from it, again and again, with startling success.

[. . .]

I’ll conclude with recommendations that reflect an important debate. Robert Taber’s War of the Flea argues that little can stop the weak from wearing down the strong with insurgent warfare; Lewis Gann’s Guerrillas in History is a brief but thorough survey that shows how often irregulars have been beaten in the past. Both books were written over 40 years ago, and both remain exceptionally timely. Indeed, Abu Musab al-Suri, al Qaida’s deepest strategic thinker, lectured on Taber at the “university of terror” that used to operate in Afghanistan.

I can second the recommendation for Taber’s War of the Flea, but most of the others he recommends are new to me … more to add to the reading list.

Colin Russon, RIP

Filed under: Personal — Tags: — Nicholas @ 09:09


Obituary notice in the Calgary Herald, 27 September, 2012

Colin and I weren’t close — I hadn’t seen him in many years — but it’s still a shock when a family member (however distant) dies unexpectedly.

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