Quotulatiousness

May 29, 2013

Lessons learned in the post-Napster era

Filed under: Business, Law, Media — Tags: , , , — Nicholas @ 16:25

At TechDirt, Mike Masnick discusses the things we learned from Napster:

Last fall, law professor Michael Carrier came out with a really wonderful paper, called Copyright and Innovation: The Untold Story. He interviewed dozens of people involved in the internet world and the music world, to look at what the impact was of the legal case against Napster, leading to the shutdown of the original service (the name and a few related assets were later sold off to another company). The stories (again, coming from a variety of different perspectives) helps fill in a key part of the story that many of us have heard, but which has never really been written about: what an astounding chill that episode cast over the innovation space when it came to music. Entrepreneurs and investors realized that they, too, were likely to get sued, and focused their efforts elsewhere. The record labels, on the other hand, got the wrong idea, and became totally convinced that a legal strategy was the way to stem the tide of innovation.

The Wisconsin Law Review, which published Carrier’s paper, asked a few people to write responses to Carrier’s paper, and they recently published the different responses, including one from a lawyer at the RIAA, one from another law professor… and one from me. This post will be about my paper — and I’ll talk about the other papers in a later post. My piece is entitled When You Let Incumbents Veto Innovation, You Get Less Innovation. It builds on Carrier’s piece, to note that the stories he heard fit quite well with a number of other stories that we’ve seen over the past fifteen years, and the way in which the industry has repeatedly fought innovation via lawsuits.

You can read the whole paper at the link above (or, if you prefer there’s a pdf version). I talk about the nature of innovation — and how it involves an awful lot of trial and error to get it right. The more trials, the faster what works becomes clear, and the faster improvement you get. But the industry’s early success against Napster made that nearly impossible, and massively slowed down innovation in the sector. Yes, a few players kept trying, but it developed much more slowly than other internet-related industries. And you can see why directly in the Carrier paper, where entrepreneurs point out that it’s just not worth doing something in the music space, because if you want to actually do what the technology enables, the kinds of things that are cool and useful and which consumers would really like… you’ll get sued.

QotD: It’s time to go, Rob

Filed under: Cancon, Media, Politics, Quotations — Tags: , , , — Nicholas @ 15:37

Yes, the media is out to get Rob Ford. It’s politics. Most hacks are not militantly left-wing, though their political assumptions are broadly statist. What almost all successful reporters have, no matter what their political inclinations, is a sixth sense about good copy. They can smell blood from miles away. Even the most right-leaning member of Ford Nation, who has a slight tinge of journalistic ability, can sense Rob Ford is a headline generating machine. More than that he generates the right kind of headlines: Cheap, simple and easy to understand.

He’s a big fat white guy who keeps getting himself into trouble. The man is an elected Fox sitcom.

That’s why he has to go. Hopefully to be replaced by someone with his values but also with a modicum of common sense. When faced with allegations, whether absurd or serious, the instinctive reaction of the Mayor has been to whine like a petulant child and to blame a vast-left-wing conspiracy. It never seems to have occurred to the Mayor, who has a penchant for self-pity, that this same media complex is also besieging Tim Hudak, Stephen Harper, Jason Kenney, John Baird and Danielle Smith. Whatever you think of those politicians, each is enough of a professional to deal with the media they’re stuck with, rather than wish for a media that has never existed.

For the good of Toronto, Rob Ford needs to go.

Richard Anderson, “He Needs To Go”, The Gods of the Copybook Headings, 2013-05-29

Why “every homicide perp on death row who is reasonably attractive has groupies”

Filed under: Law, Media — Tags: , , , — Nicholas @ 14:37

In the Los Angeles Times, Charlotte Allen examines the phenomenon of women who fall in love with murderers, terrorists, and other assorted villains:

This, of course, goes against all current conventional wisdom about the kind of men that women want: sensitive, egalitarian, feminism-friendly guys who split the housework 50-50 (or better yet, do it all so their wives can “lean in” at work).

In fact, as any evolutionary psychologist can tell you, women, like other female primates, crave dominant “alpha” males who demonstrate the strength to protect them and pass on survival traits to their children. And in a society such as ours, where the phrase “head of the household” is anathema and men are forbidden to dominate in socially beneficial ways, women will seek out assertive, self-confident men whose displays of power aren’t so socially beneficial.

It’s not surprising, then, that every homicide perp on death row who is reasonably attractive has groupies. Consider the handsome (and widely philandering) Scott Peterson, sentenced in 2005 for killing his wife and unborn son and throwing their remains into San Francisco Bay. The day he checked into San Quentin, he received three dozen phone calls from smitten women, including an 18-year-old who wanted to become the second Mrs. Peterson.

It’s probably a good idea, if you are religious, to say some prayers for Dzhokhar, who is likely to need them. It’s probably a bad idea to feel sorry for him. The worst idea of all, though, is to imagine that the obsessive female attention, adulation and pity lavished on a mass-murder suspect such as Dzhokhar is a cultural anomaly.

“One imagines this isn’t the response the administration was expecting”

Filed under: Government, Liberty, Media, USA — Tags: , , , — Nicholas @ 10:01

In the Wall Street Journal, James Taranto talks about the surprising recent uniformity of opinion among media outlets:

Hey, kids! What time is it? “TIME TO GO: HOLDER OK’D PRESS PROBE,” shouted the always subtle homepage of the Puffington Host last Thursday evening. It was in response to the news, broken by NBC, that Attorney General Eric Holder had participated in “discussions” about “a controversial search warrant for a Fox News reporter’s private emails.” That’s in contrast with the Associated Press phone-log subpoena case, from which Holder told Congress he had recused himself.

The New York Times‘s reaction, while not as breathless, was more dramatic. The paper’s editorial appeared a week ago tomorrow — before Holder’s involvement had publicly emerged — under the headline “Another Chilling Leak Investigation.” The editorial was straightforward and reasonably argued. That may not sound like a great compliment, but this is the New York Times editorial page we’re talking about.

The editorial was remarkable as much for what it didn’t say as for what it did. There were no snide asides about Fox News, or qualifications along the lines that “even Fox” has First Amendment rights. Nor did the Times editors take any shots at George W. Bush, congressional Republicans or any other familiar antagonist. They simply defended Fox News‘s right to engage in news-gathering and denounced the Obama administration’s assault on it.

One imagines this isn’t the response the administration was expecting.

President Obama criticizes the abuse of executive power by … President Obama

Filed under: Government, USA — Tags: , , , — Nicholas @ 08:22

Jacob Sullum notes the fascinating debate going on between Barack Obama and the President of the United States:

Last week a guy named Barack Obama gave a speech in which he expressed appropriate concern about the abuse of government power in the name of fighting terrorism. Too bad he’s not in a position to do anything about it.

Obama, who used to teach constitutional law at the University of Chicago, quoted James Madison’s warning that “no nation could preserve its freedom in the midst of continual warfare.” Yet by declaring war against Al Qaeda and its shifting and proliferating allies and offshoots — groups that will not disappear or surrender anytime in the foreseeable future — he has reinforced the rationale for a never-ending military struggle that sacrifices civil liberties on the altar of national security.

Regarding one especially controversial aspect of that struggle, the used of unmanned aircraft to execute people the president identifies as terrorists, Obama incoherently argues that such assassinations are legitimate acts of war and that they are governed by due process (at least when the targets are U.S. citizens). To make matters even more confusing, he says the requirements of due process can be met through secret deliberations within the executive branch.

Obama nevertheless raised the possibility of establishing “a special court to evaluate and authorize lethal action,” which he said “has the benefit of bringing a third branch of government into the process but raises serious constitutional issues about presidential and judicial authority.” In other words, the advantage of consulting a court is that it would subject Obama’s death warrants to independent review; the disadvantage is that it would subject Obama’s death warrants to independent review.

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