Quotulatiousness

March 4, 2010

The jokes just write themselves

Filed under: Law, Politics, USA — Tags: , , — Nicholas @ 08:59

By way of Kathy Shaidle’s blog, a court case that was custom-designed for certain political campaigns:

A 45-year-old woman, charged with ending a domestic dispute by killing her 26-year-old husband of five days, is a registered lobbyist for a group fighting domestic violence.

Arelisha Bridges was ordered held without bond in the Fulton County Jail. She is scheduled for a preliminary hearing later this month on charges of felony murder, murder, aggravated assault and possession of a firearm during the commission of a felony.

Officials said Bridges claimed she was unemployed. But records show she is a lobbyist for an organization called the National Declaration for Domestic Violence Order; its Web site says the group is pushing legislation to create a database of those convicted of sex crimes or domestic abuse.

And remember, guns don’t kill people: lobbyists for anti-domestic violence groups do.

March 2, 2010

SWAT forces now spend more time doing non-SWAT policing

Filed under: Bureaucracy, Law, USA — Tags: , , , , , — Nicholas @ 12:48

Or, more accurately, militarizing the sort of police activity that ordinary police officers would once have done:

. . . last year Maryland became the first state in the country to make every one of its police departments issue a report on how often and for what purpose they use their SWAT teams. The first reports from the legislation are in, and the results are disturbing.

Over the last six months of 2009, SWAT teams were deployed 804 times in the state of Maryland, or about 4.5 times per day. In Prince George’s County alone, with its 850,000 residents, a SWAT team was deployed about once per day. According to a Baltimore Sun analysis, 94 percent of the state’s SWAT deployments were used to serve search or arrest warrants, leaving just 6 percent in response to the kinds of barricades, bank robberies, hostage takings, and emergency situations for which SWAT teams were originally intended.

Worse even than those dreary numbers is the fact that more than half of the county’s SWAT deployments were for misdemeanors and nonserious felonies. That means more than 100 times last year Prince George’s County brought state-sanctioned violence to confront people suspected of nonviolent crimes. And that’s just one county in Maryland. These outrageous numbers should provide a long-overdue wake-up call to public officials about how far the pendulum has swung toward institutionalized police brutality against its citizenry, usually in the name of the drug war.

It’s easy to see how this happened, all over North America, not just in Maryland. Increasing perception of the dangers of the drug war fed the demand for more SWAT-type forces in more and more police departments. Once in place, extensively equipped and expensively trained, the police authorities needed to justify keeping these teams active and involved . . . that is, they couldn’t pay them to sit around waiting for a hostage-taking or a major drug bust. They needed those officers to be out doing things — preferably media-friendly “big” things.

Even in the most dangerous areas, there are only so many situations that rationally require the heavy hand of the fully-armed SWAT team, so the incentives were already in place to expand the role from the original (and relatively rare) combat-style deployment to other, less dangerous (but often more mediagenic) crime fighting.

Anyone in the army can tell you that even in wartime, the majority of soldiers don’t get shot at: they patrol, they train, they do various military and non-military activites. For policemen-as-combat-troops, there are even fewer chances to use all their expensive equipment and training. The temptation to use the SWAT team for less and less dangerous activities is overwhelming, which is why you get the lads and lasses in bullet-proof vests and army helmets appearing even for non-violent misdemeanor offenses.

The choices for law enforcement are not good: disband your SWAT team and run the risk of not having the resources on hand when you actually do need that kind of force, or stay the course, keep the SWAT team(s), and keep them busy so it doesn’t look like you’re wasting a big chunk of your annual budget on inessential services. The bureaucratic instinct is to avoid courses which carry a potential result that could reflect negatively on the organization — which is why you rarely hear about police departments giving up their SWAT teams.

March 1, 2010

UK Photographers . . . act now, or lose your rights

Filed under: Britain, Law, Liberty — Tags: , , , , — Nicholas @ 15:52

Philip Dunn has all the bad news, photography-wise:

Photographers to lose copyright protection of their work

This startling and outrageous proposal will become UK law if The Digital Economy Bill currently being pushed through Parliament is passed. This Bill is sponsored by the unelected Government Minister, Lord Mandelson.

Let’s look at the way this law will affect your copyright:

The idea that the author of a photograph has total rights over his or her own work — as laid out in International Law and The Copyright Act of 1988 — will be utterly ignored. If future, if you wish to retain any control over your work, you will have to register that work (and each version of it) with a new agency yet to be set up.

I had wondered where Lord Mandelson had picked up his “of Mordor” sobriquet. Now I know. Oh, and it gets even worse:

Photographers are to lose all effective rights to take photographs in public places.

Not content with taking away photographer’s copyright, another section of this Government is proposing sweeping changes to your freedom to take pictures in public places.

The Information Commissioner’s Office (ICO) has deemed that a photograph taken in a public place may now be considered to contain ‘private data’.

This means that if you take a picture in the street and there is a member of the public in the shot, that person has the right to demand either payment — if you wish to publish the image — or that you do not publish it. In fact, according to the ICO. There does not actually have to be an objection, it is up to the photographer to ‘judge’ whether the subject might object. Now work that one out if you can.

You may think this won’t affect you . . . but if you’ve got a camera in your cell phone or MP3 player, it’s going to have an impact. Contact your MP now and explain that you don’t approve of this drastic change in the law and try to get it tossed out before it becomes law.

February 25, 2010

EMI launches appeal over “Down Under”

Filed under: Australia, Law, Media — Tags: , — Nicholas @ 08:12

Following up from earlier this month, EMI is appealing against the decision that Men at Work plagiarized a popular folk song in their 80’s hit “Down Under”:

Papers filed with the Federal Court in Sydney listed 14 grounds for appeal and stated songwriters Colin Hay and Ron Strykert did not breach copyright.

It said similarities may be noted only by a “highly educated musical ear”.

[. . .]

EMI Music said the inclusion of the melody was, at most, a form of tribute to the tune.

In its appeal, EMI also argued that the Girl Guides Association of Victoria state actually owned the copyright, as they sponsored the 1934 Girl Guides song competition for which the song was written.

The decision seemed odd in another way: lack of proportionality. The “offending” part is a very small section of the song, which would not seem to justify awarding 40-60% of the profits from the work to the plaintiff. Perhaps Australian law allows it, but it seems to be an attempt to “right a wrong” by inflicting a disproportional penalty, rather than an equitable one (that’s not to say I think the decision was correct, just a comment on the initial finding).

February 23, 2010

Why do people pirate DVDs and Blu-Ray discs?

Filed under: Law, Media, Technology — Tags: , , , — Nicholas @ 16:45

Because of this kind of crap:


Click to see original

But maybe I’m misunderstanding why they all do it: instead of trying to warn me off from illegal activity, perhaps they’re actually trying to get me so irritated that I’ll go ahead and pirate it — and then they’ll swoop! It’s a society-wide legal entrapment scheme!

H/T to BoingBoing.

More market-rigging to favour Government Motors

Filed under: Economics, Germany, Law, USA — Tags: , , , — Nicholas @ 07:09

If you’re a fan of German sports cars, this might be a swan song for your preferred makes and models:

In a few years, by 2016 to be exact, P.J. O’Rourke’s “ass-engined Nazi slot car” may be history in the U.S.A. Gone. By that time, Porsche needs to have a Corporate Average Fuel Economy (CAFE) of 41.4 mpg — if President Obama gets his wish. Mission impossible, says Porsche. Jack Baruth, stock up. Porsches will be extinct.

On May 19, 2009 President Barack Obama proposed a new national fuel economy program. If signed into law in May this year, as currently planned, the law will throw a nasty punch, beginning in the model year 2012.

Porsche-Lobbyist Stefan Schläfli talked to the German Edition of the Financial Times, before taking off for Washington for a last ditch effort to save the endangered species. Says the FTD: “Hardest hit will be German producers of premium brands which sell big-engined large cars. Critics in the German camp don’t think this is a coincidence. The formulas used to calculate the maximum permissible values are tailor-made for U.S. manufacturers. Basis for the calculation will be wheel base and track width — highly unusual criteria.”

A short and compact Porsche is faced with much stricter limits than a Corvette. Not to mention a pick-up. Large manufacturers turn into a CAFE-society, and can offset their thirsty oinkers with smaller cars. Porsche doesn’t have that option. Neither does Aston Martin, Jaguar, Land Rover and other eclectic brands.

Now that the government has a major financial stake in GM and Chrysler, they don’t even need to pretend to be even-handed in their regulatory fixes.

February 21, 2010

It sounds like the correct answer to the legal question

Filed under: Law, Railways, Technology — Tags: , , , — Nicholas @ 19:07

It’s surprising that a dispute over the use of open source software in a model railway application would be the one to set the legal precedent, but that is what happened here:

Although some people viewed it as a tempest in a teapot, the long-running legal case Jacobsen v. Katzer stirred up some seminal open source issues. We first reported on the dust-up all the way back in August of 2008, noting that the dispute centered around — of all things — model train software.

Specifically, Jacobsen had developed JMRI, the Java Model Railroad Interface project. When Katzer built the code for the project into proprietary model train software, deleting existing copyright notices within the code, Jacobsen filed suit. Now, settlement documents are available online, and the end of the dispute points to a final victory for open source licenses.

The settlement documents show that Katzer will pay Jacobsen $100,000 over 18 months, cease using the JMRI code, and not attempt to register domains using the JMRI name. Previously, the legal dispute had gone all the way to the United States Court of Appeals for the Federal Circuit, which is the last legal stop before the Supreme Court. As Lawrence Lessig noted in a post, when the Court of Appeals upheld the Artistic License that governed the use of JMRI, it was “an important victory” for free licenses. Lessig noted that the decision had broad implications for many open source licenses.

Just because someone allows the use of source code freely does not mean you can, in effect, file off the serial numbers and pretend that it’s all your own work . . .

H/T to Craig Zeni for the link.

February 20, 2010

Prohibition’s victims of US government poisoning

Filed under: History, Law, USA — Tags: , , — Nicholas @ 13:29

Deborah Blum talks about something I’d only heard a little bit about — the US government’s deliberate poisoning of illicit drinkers during Prohibition:

Doctors were accustomed to alcohol poisoning by then, the routine of life in the Prohibition era. The bootlegged whiskies and so-called gins often made people sick. The liquor produced in hidden stills frequently came tainted with metals and other impurities. But this outbreak was bizarrely different. The deaths, as investigators would shortly realize, came courtesy of the U.S. government.

Frustrated that people continued to consume so much alcohol even after it was banned, federal officials had decided to try a different kind of enforcement. They ordered the poisoning of industrial alcohols manufactured in the United States, products regularly stolen by bootleggers and resold as drinkable spirits. The idea was to scare people into giving up illicit drinking. Instead, by the time Prohibition ended in 1933, the federal poisoning program, by some estimates, had killed at least 10,000 people.

Although mostly forgotten today, the “chemist’s war of Prohibition” remains one of the strangest and most deadly decisions in American law-enforcement history. As one of its most outspoken opponents, Charles Norris, the chief medical examiner of New York City during the 1920s, liked to say, it was “our national experiment in extermination.”

The US government hasn’t shown that it learned (any of) the lessons of Prohibition, and there have been documented attempts by government agents to contaminate drugs on their way to American destinations. Perhaps the best known was the use of airborne spraying of the herbicide Paraquat to make Mexican marijuana more dangerous to consume. Rumours abound of other, more recent, attempts to poison other drugs on their way to the States.

February 17, 2010

We once had neighbours nearly this bad . . .

Filed under: Law, USA — Tags: — Nicholas @ 12:13

. . . and yes, there was a body, but that’s a different story. Solomon talks about the Alabama shooter, before she moved to Alabama:

By now you’ve heard all about the University of Alabama shooter, Amy Bishop, the shooting rampage, the old murder she got away with (the “cover-up” and the connection to now retiring Congressman Bill Delahunt), the letter bomb she likely sent…

Turns out I have a tenuous connection to this woman. You see she used to be the next door neighbor of a good friend of mine in Ipswich (a north shore Boston suburb) for a few years. At the time I used to hang out at his house quite a bit. This was one of those typical suburban neighborhoods with little traffic, lots of kids, smallish houses fairly close together without a lot of fences.

I remember when the previous neighbor moved out it wasn’t long before my friend started complaining. He had a deck in the back of his place that was effectively on the second floor making it very visible to the neighbor’s yard and house. So one day I go over to find that he had erected a wooden privacy fence on the side of the deck facing their yard — and only on that side. So I’m like, “Uhh…isn’t that a little uncomfortable. I mean it’s obvious you put that there just to block only those people.” He tells me he does…not…care. He doesn’t want to look at them, and he doesn’t want them to look. He hates them, as does the entire neighborhood.

Our bad neighbour issues weren’t quite as bad, although we did feel like we were escaping when we finally did move out. And we did have to provide emergency first aid to a severely wounded man who staggered to our front door one night (he eventually died, but not officially of his wounds from that incident). He’d been partying at our neighbour’s house, and an argument got out of hand. But, so far as I know, our bad neighbour didn’t leave a trail of multiple bodies . . .

February 11, 2010

QotD: Slandering and insulting Uzbekistan

Filed under: Asia, Law, Media, Quotations — Tags: , , , , , — Nicholas @ 17:02

Yesterday Uzbek photographer Umida Akhnedova was convicted of slandering and insulting her people. Her crime consisted of taking pictures, such as the one on the right, that government officials thought made Uzbekistan look bad. Among other things, The New York Times reports, Akhnedova was accused of “showing people with sour expressions or bowed heads, children in ragged clothing, old people begging for change or other images so dreary that, according to a panel of experts convened by the prosecutors, ‘a foreigner unfamiliar with Uzbekistan will conclude that this is a country where people live in the Middle Ages'” (a misleading impression, since the Spanish Inquisition never persecuted people for taking photographs). The government also charged that Akhnedova’s 2008 documentary about the Uzbek custom of verifying a bride’s virginity is “not in line with the requirements of ideology” and “promotes serious perversion in the young generation’s acceptance of cultural values.” Although her crime is punishable by up to three years in prison, the judge let her go, officially to celebrate the 18th anniversary of Uzbek independence but possibly also because the publicity surrounding the case was tarnishing Uzbekistan’s reputation (no mean feat).

Jacob Sullum, “One Frown Over the Line”, Hit and Run, 2010-02-11

February 4, 2010

Men at Work lose court battle over plagiarism

Filed under: Australia, Law, Media — Tags: , — Nicholas @ 08:54

Remember the flute part in “Down Under”? Men at Work now probably wish they’d chosen a different way to highlight typical Australian tunes, as they’ve been ordered to pay costs to the estate of Marion Sinclair for using the theme to “Kookaburra Sits in the Old Gum Tree” in their song:

Larrikin Music had claimed the flute riff from the 1981 hit was stolen from Kookaburra Sits in the Old Gum Tree, written by Marion Sinclair in 1934.

The federal court in Sydney ordered compensation to be paid.

That amount has yet to be determined but Larrikin’s lawyer said it could reach 60% of income from the song.

“It’s a big win for the underdog,” said Larrikin’s lawyer Adam Simpson after the judgment.

Sinclair, who died in 1988, wrote the song for performance at a Girl Guides Jamboree in 1935.

Kookaburra Sits in the Old Gum Tree has since been sung by generations of Australian schoolchildren.

Oddly enough, I downloaded this song just last week, prompted by a recent Mark Steyn column.

Men At Work came from a land Down Under and in January 1983 they were on top of the world: “Down Under” was Number One not only in Oz but also in the United Kingdom and in the United States, and to this day Men At Work are the only Australian band to have topped simultaneously both the British and American singles and albums charts. A lot of the pop songs from that period you’ll still hear on the Eighties oldies stations: in America, Men At Work were succeeded at the top of the Hot One Hundred by Toto and “Africa”, which is pleasant enough in a bland sort of way; and in Britain they made way in the Number One slot for Kajagoogoo and “Too Shy”, and gosh, it’s years since my fingers have had cause to type the word “Kajagoogoo” and even then it was as a punchline for a cheap gag. But “Down Under” transcended the passing fancies of the hit parade and has become an Australian anthem. There have been other international Oz hits, of course, notably Rolf Harris’ classic recording of “Tie Me Kangaroo Down, Sport” – and, as we always have to point out whenever the subject arises, a truly great novelty song like “Tie Me Kangaroo” should never be confused with a truly atrocious one like Charlie Drake’s “My Boomerang Won’t Come Back”.

But “Down Under” has become a kind of musical shorthand for contemporary Australia

January 27, 2010

Where Virginia is headed, will Ontario follow?

Filed under: Bureaucracy, Economics, Law, Wine — Tags: , , — Nicholas @ 12:31

January 22, 2010

British law enforcement moves on bomb detector scam

Filed under: Britain, Law, Middle East — Tags: , , — Nicholas @ 16:03

Well, it’s nice to see that sometimes the British government can move quickly on something. As reported on the BBC program Newsnight, a bogus bomb detector has been selling briskly in Iraq (link here). The lead scammer has been arrested today:

The managing director of a British company that has been selling bomb-detecting equipment to security forces in Iraq was arrested on suspicion of fraud today.

At the same time, the British government announced that it was imposing a ban on the export of the ADE-651 detectors because it was concerned they could put the lives of British forces or other friendly forces at risk.

The government promised to help investigate the multimillion-pound deal between the company, ATSC, and the security forces in Iraq.

Iraq has invested more than £50m in buying the devices and training people to use them. Police and military personnel have used them to search vehicles and pedestrians for explosives. But concerns over their effectiveness — and fears they could put lives at risk — have been raised.

Avon and Somerset police officers arrested Jim McCormick, 53, on suspicion of fraud by misrepresentation. A spokesman said: “We are conducting a criminal investigation and, as part of that, a 53-year-old man has been arrested.

January 21, 2010

Obama’s move to throttle the big banks

Filed under: Economics, Government, Law, USA — Tags: , , — Nicholas @ 13:18

Megan McArdle takes a first look at the Obama administration’s new initiative to control the big banks:

The administration’s new proposal has two core pieces, both of which are at least somewhat novel. First, banks that have access to the discount window will not be able to trade for their own account. That means no prop trading desk. No owning hedge funds or private equity funds. No investments of any kind to make profits for your shareholders. Financial institutions can make profits by servicing clients, or they can make profits by investing for their own book. But they can’t do both.

Senior administration officials I spoke to made it clear that this would not include market making activity, which the administration views as something you do for your clients. But while that may partially reassure banks, that seems to mean that market makers — i.e. Goldman Sachs — are very definitely included. That impression was reinforced by the way Indeed, if they pass this thing, they should probably call it the Hey Goldman Sachs! You’re Not Going to Be So Profitable Any More Act of 2010.

January 12, 2010

Islam4UK to be banned?

Filed under: Britain, Law, Religion — Tags: , , — Nicholas @ 07:25

The BBC reports that the group Islam4UK will be banned under the Terrorism Act:

A radical Islamist group that planned a march through Wootton Bassett will be banned under counter-terrorism laws, Home Secretary Alan Johnson has said.

Islam4UK had planned the protest at the Wiltshire town to honour Muslims killed in the Afghanistan conflict.

The government had been considering outlawing the group — Islam4UK is also known as al-Muhajiroun.

A spokesman for Islam4UK told the BBC it was an “ideological and political organisation”, and not a violent one.

Mr Johnson said: “I have today laid an order which will proscribe al-Muhajiroun, Islam4UK, and a number of the other names the organisation goes by.

The strength of the government’s move may be judged by the next statement in the report: “It is already proscribed under two other names — al-Ghurabaa and The Saved Sect.”

So, Islam4UK will be “banned” . . . in the sense that the organization has to come up with another alias, but the group itself will suffer no other hardship? Perhaps I’m missing the point of this little exercise.

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