Quotulatiousness

February 17, 2013

A shocking, lurid tale of depravity that transfixed Victorian London

Filed under: Britain, History, Law, Liberty — Tags: , , , , — Nicholas @ 12:15

In History Today, Richard Canning reviews a new book on the trial of Frederick Park and Ernest Boulton, aka Mrs Fanny Graham and Miss Stella Boulton in 1871:

McKenna provides what is certainly the definitive account of the Boulton/Park story, drawn not only from contemporary journalism but also from the full legal transcript, a miraculous survivor housed in Kew’s National Archives. It is a miserable tale, if leavened both by McKenna’s dramatic verve and, during the show trial held in Westminster Hall, by Fanny and Stella’s black humour. The establishment account – that the pair’s persistent cross-dressing importuning was a scandal to public morals that must be stopped – soon breaks down. McKenna shows clearly how the men were effectively set up and, to some degree, even entrapped.

Police confidence in pressing the serious charge of ‘conspiracy to solicit, induce, procure and endeavour to persuade persons unknown to commit buggery’ (as opposed to the minor offence of outraging public decency) was nonetheless misplaced. Buggery had until lately incurred the death penalty and still carried a lifelong penal sentence. No such charge had been brought for 240 years. The problem which attended the endless, farcical medical examinations of Boulton and Park reflected sodomy’s millennial history as the nameless or invisible crime. Few Victorian doctors could claim to have seen evidence of the extreme anal dilation which purportedly occurred after the ‘insertion of a foreign body’. Of the half dozen who inspected the pair – both inveterate sodomites, as McKenna concedes – only one remained certain that the corporeal evidence supported conviction. They were acquitted and the notion that ‘the impurities of Continental cities’ had reached London was rooted in legal terms for a quarter-century – if paradoxically seeming somehow to be affirmed.

McKenna lays bare a fascinating tapestry of interrelated personal histories, only partially capable of reconstruction. Frederick’s elder brother Harry, already twice disgraced, was hiding in Scotland under an assumed name. Their father, a judge, was urgently shipped off to South Africa during the trial of his younger son. Impressively, Frederick’s mother – amusingly a literal ‘Mary Ann’ – took to the stand to defend his moral character. So successful was she that the identification of Frederick/’Fanny’ as a theatrical mother’s boy exonerated him entirely from the imputation of vice.

The case of the over-extended copyright

Filed under: Books, Law, Media — Tags: , , — Nicholas @ 10:28

In this story, Sherlock Holmes and Doctor Watson encounter a true mystery: why the heirs of author Sir Arthur Conan Doyle are still able to pressure publishers for licensing fees long after the original stories should have been fully in the public domain:

It isn’t often one gets a ringside seat at a legal-literary battle royal, but it would seem that we’re about to bear witness to some activity in that particular area.

Of course, you’ll recall that recent legal battles in England have revolved around Undershaw, Conan Doyle’s home for about a decade that included when he wrote The Hound of the Baskervilles. [. . .] But this is wholly different.

The noted Sherlockian scholar, Baker Street Irregular and prominent attorney Leslie Klinger, editor of The New Annotated Sherlock Holmes, The Sherlock Holmes Reference Library and The Grand Game: A Celebration of Sherlockian Scholarship, to name a few, has filed a civil lawsuit against the Conan Doyle Estate to determine that the characters of Sherlock Holmes and Dr. Watson are in fact in the public domain.

Currently, the so-called estate undertakes high-handed legal action to levy royalties and other payments from authors who use the characters in their own works. This is despite the fact that there are only 10 stories in the entire Canon that are still under copyright protection (in the United States). Klinger, for one, will not stand for this bullying, and has formally filed suit and issued a press release.

H/T to Tim Harford (and Cory Doctorow) for the link.

February 15, 2013

No wonder many Canadians skip jury duty

Filed under: Cancon, Law — Tags: , , , , — Nicholas @ 11:18

I’ve only ever been summoned for jury duty once, and that was about 20 years ago (I was lucky to not be in the pool for the Homolka case, which was in the courts at that time). I showed up on Monday morning, sat around reading my book for a couple of hours, then was dismissed. Repeat on Tuesday and Wednesday, then we were told our services wouldn’t be needed for the rest of the week. I was lucky not to lose any pay for performing my “civic duty” thanks to my employer-of-the-time, but most people are not so fortunate:

Let’s talk about jury duty. That much-despised civic responsibility in which we are asked to play a role in one of the world’s best justice systems.

Being summoned is viewed by many as an unwelcome interruption of their daily lives and, often, a punishing financial burden. It is ignored by hundreds, if not thousands, of Canadian every year.

And why? Well, most suggest a mix of lost wages and low compensation plays a role in it. Not to mention the hassle of having to listen to people talk all day long. But is it really worth chasing and punishing those who refuse to serve? And if so, shouldn’t something be done to make serving less punishing?

How bad is the pay? Pretty bad indeed:

Those selected to serve on jury duty have no protection from lost wages, although their employer is legally mandated to give them time off. And the compensation they receive is minimal.

So how much do jurors get paid? It is not a lot.

In Nova Scotia, jurors receive $40 a day plus mileage. Ontario pays jurors $40 a day once they have served more than 10 days, and $100 for every day over 49.

Alberta provides $50 per day of service, as well as travel expenses and possibly accommodations. The Northwest Territories gratefully pays $80 per day.

Quebec jury members get a much more generous deal:

Quebec residents called to participate in jury selection receive the cost of public transit or mileage and parking costs. They can also receive more than $45 for meals and as much as $138 to cover overnight accommodations.

Those selected to be a juror receive $103 for every day of the hearing and deliberations. That amount increases to $160 on the 57th day of service.

There are bonuses for working into the night and for Sundays and holidays, childcare allowances and psychological therapy after the trial.

H/T to Bob Tarantino for the link.

February 14, 2013

“A triumph for our culture of self-pity, narcissism and whining entitlement”

Filed under: Britain, Government, Law — Tags: , , — Nicholas @ 00:01

In sp!ked, Neil Davenport explains why the legal victory against workfare in England isn’t actually a good thing even for people in that situation:

… the case is still seen as a major coup. Joanna Long, a member of campaigning group Boycott Workfare, captured the mood of Reilly’s supporters: ‘Today’s ruling is a victory for the people against a government which thought it could compel unemployed and sick people to work without pay, backed by a vicious regime of sanctions which made the poorest far poorer.’ Really? Only in this victim-centred age could doing a few shifts at Poundland be seriously compared to forced slavery.

What the ruling in favour of Reilly is not, however, is a victory for ‘the people’. Rather, it is a triumph for our culture of self-pity, narcissism and whining entitlement. The new ruling will further cushion and cosset young people, relieving them of any impositions or pressures. And it will bolster the infantile notion that young people must be protected from the demands of becoming economically independent or hard working. In the long run, this will do the development of young people far more damage than a few weeks working for benefits.

[. . .]

In this sense, today’s ruling will bolster the idea held by some young people that the world really does owe them a living. The Reilly ruling seems to acknowledge officially that young people should not be expected to meet society’s requirement to work in case it damages their vulnerable self-esteem. It suggests that self-pity and a sense of entitlement is now far more laudable than simply overcoming life’s challenges or learning how to grow up.

Nevertheless, it shouldn’t be too surprising that the court came to such a decision. For the past two decades, the state has been keen to show that adult autonomy is not something people should exercise too much. So while the ruling looks like a victory for people power-style leftism against a (mainly) Tory government, in truth it is a demand for the state to look after us. It is an acknowledgement that we should forgo individual sovereignty for a close relationship with the all-watching, all-checking and autonomy sapping state. Whereas genuine radicalism was always a demand for autonomy from state regulators, today’s radicals aspire to be more tightly bound to state institutions. Any excuse to bolster state legitimacy and authority over us, even at the expense of a Tory government, will always appeal to elite-minded, undemocratic judges. Reilly and her supporters demand to be treated like children. Is it any wonder that a paternalistic state will oblige?

February 12, 2013

The Bluenose II in court

Filed under: Cancon, History, Law — Tags: , , , — Nicholas @ 12:14

The descendents of the designer of the original Bluenose are in court to demand the “copyright, and the moral rights in the copyright work” of the vessel which probably should be called the “Bluenose III“:

The Bluenose sank to the bottom in 1946; the replica Bluenose II was built in 1963, and then rebuilt in recent years and launched from the Lunenburg wharf this past September amid much fanfare and, as the province’s accountants could tell you, serious cost overruns.

No matter. This was a gala affair. Only Joan Roué and her father, Lawrence J. Roué — grandson of William J. Roué — were not among the smiling guests and proceeded to file suit against the province, the boat designers and boat builders in October, alleging that despite “the province owning the vessel … Joan and Lawrence Roué allege that they are respectively entitled to the copyright, and the moral rights in the copyright work” associated with the latest incarnation of the famous schooner.

To which the province responded — and I am paraphrasing here — “are you people kidding me?” while contending in court filings that William J. Roué’s storied original design perhaps wasn’t all that original to begin with, and, even if it were a singular masterpiece, that he had already been paid for it decades ago.

I posted about the “new” Bluenose II last year, explaining why I think they should have incremented the number in the vessel’s official name:

Wooden sailing ships are subject to far more wear and tear than modern vessels: they’re like the old tale of the farmer’s axe (even though everything’s been replaced over time, it’s still the same axe). This means that heritage sailing ships need lots of careful maintenance throughout their lives, and major re-builds at long intervals. In the case of Nova Scotia’s iconic Bluenose II, however, it’s sometimes more than a “rebuild” […] So, just to sum up: she’s being built to a different design (even though outward appearance is much the same), using different materials. In what way can you call her the same ship? The point made in the article, that the masts and sails were some of the “originals” being re-used is odd: those are among the parts that need replacing more often. And the mahogany and walnut saved from the last boat are almost certainly decorative elements, not structural ones.

Rules for the masses, but not for the bureaucratic elite

Filed under: Bureaucracy, Business, Europe, Law — Tags: , , , , , — Nicholas @ 10:33

The European Union’s rules on gender equality appear to apply to everything in the EU except the EU’s own bureaucracy:

Part of the aggrandised myth EU institutions like to propagate about themselves is that they are pioneers in promoting tolerance, gender equality, and diversity in the workplace. Read the promotional literature and you will find effusive descriptions of liberal workplace revolutions and the achievements of Soviet-style five-year plans. Yet, like the Soviet Union, there is an embarrassing mismatch between the trumpeted idealism and the reality.

Since its creation in 1967, DG Employment (Directorate-General for Employment, Social Affairs and Inclusion at the European Commission) has nominally been responsible for fair employment conditions in the European Union. Rising levels of workplace equality in member states (for which DG Employment take an undue amount of credit) are woefully incongruous with the situation of EU civil servants. Women occupy 19 per cent of senior management positions; compare this with the often decried 35.9 per cent of women in the top levels of the UK civil service.

Yet it is figures like the UK civil service’s that prompt EU proposals on affirmative action. One set of proposals has recently been discussed in the European parliament, for example, which if passed will introduce gratuitous and complicated legislation across the continent. That bureaucracy breeds bureaucracy is unsurprising, but it is hard to take seriously calls for equality from an institution endemically opposed to the concept.

The only European agency where women in management positions outnumber men is in the Institute for Gender Equality (the administration is 95 per cent female). Incontrovertibly, out of all the agencies, this is the one with the strongest prerogative for tackling equality in its workforce. But the message is clear: shout about equality to the world and create a dummy institute to anyone holding a mirror up to the EU bureaucracy itself. So far, the commission is on its fifth ‘action programme’ to tackle inequality within its institutions, taking the same form as every one that has come before it; vague guidelines forgotten until lobby group pressure becomes too annoying.

February 11, 2013

Police dogs as “probable cause on a leash”

Filed under: Law, Liberty, USA — Tags: , , , , , — Nicholas @ 11:19

Jacob Sullum on how credulous courts have granted police dogs the power to circumvent Americans’ right to be free from intrusive search and seizure by police officers on fishing expeditions:

The deputy and another officer who arrived during the stop nevertheless went through Burns’ truck for half an hour or so, reaching up into the boat, perusing his cargo, looking under the seats and the hood, examining the gas tank and the undercarriage. They found no trace of drugs, although they did come across the loaded pistol that Burns mentioned to them once it was clear they planned to search the truck.

“They were cool with the gun,” Burns says. “If it had been California, God knows what would have happened.” He was so relieved that he barely minded the delay and inconvenience, which stretched a brief traffic stop into more than an hour. “I’m not a lawyer, and I’m not a super-libertarian,” Burns says. “Once I realized that the pistol was not going to be an issue, man, they could have spent all day going over that car and under that car. My only concern was that one of the guys might have slipped something in to cover up for the fact that they didn’t find anything.”

That’s one way of looking at it. But even if you are neither a lawyer nor a super-libertarian, you might wonder 1) how often this sort of thing happens, 2) how it came to be that police can get permission from a dog to rifle an innocent man’s belongings, and 3) whether that state of affairs is consistent with the Fourth Amendment’s guarantee against “unreasonable searches and seizures.” The answers, in brief, are 1) fruitless searches based on dog alerts happen a lot more often than commonly believed, 2) dogs acquired this authority with the blessing of credulous courts mesmerized by their superhuman olfactory talents, and 3) this dog license is hard to square with the Fourth Amendment, unless it is reasonable to trust every officer’s unsubstantiated claim about how an animal of undetermined reliability reacted to a person, a suitcase, a car, or a house.

All of these issues come together in two cases the U.S. Supreme Court heard a few weeks after Bob Burns was pulled over. Florida v. Harris raises the question of how a judge knows that a dog’s alert is reliable enough to justify a search. Florida v. Jardines asks whether police need a warrant to use a drug-sniffing dog at the doorstep of a home. These cases, which will be decided by this summer, give the Supreme Court an opportunity to reconsider its heretofore unshaken faith in dogs, or at least limit the damage caused by the amazing canine ability to transform hunches into probable cause.

“I don’t want to use the word buffoonery but it really is unbridled police lawlessness”

Filed under: Law, Liberty, USA — Tags: , , , , — Nicholas @ 08:57

There’s more than a little bit of “explaining” due from the LAPD over these incidents:

David Perdue was on his way to sneak in some surfing before work Thursday morning when police flagged him down. They asked who he was and where he was headed, then sent him on his way.

Seconds later, Perdue’s attorney said, a Torrance police cruiser slammed into his pickup and officers opened fire; none of the bullets struck Perdue.

His pickup, police later explained, matched the description of the one belonging to Christopher Jordan Dorner — the ex-cop who has evaded authorities after allegedly killing three and wounding two more. But the pickups were different makes and colors. And Perdue looks nothing like Dorner: He’s several inches shorter and about a hundred pounds lighter. And Perdue is white; Dorner is black.

“I don’t want to use the word buffoonery but it really is unbridled police lawlessness,” said Robert Sheahen, Perdue’s attorney. “These people need training and they need restraint.”

That incident is pretty bad, and thank goodness that David Perdue wasn’t shot in the Keystone Kops re-enactment. In this earlier incident, however, the innocent civilians didn’t get off without injury:

As the vehicle approached the house, officers opened fire, unloading a barrage of bullets into the back of the truck. When the shooting stopped, they quickly realized their mistake. The truck was not a Nissan Titan, but a Toyota Tacoma. The color wasn’t gray, but aqua blue. And it wasn’t Dorner inside the truck, but a woman and her mother delivering copies of the Los Angeles Times.

Pickup shooting by LAPD

In an interview with The Times on Friday, LAPD Chief Charlie Beck outlined the most detailed account yet of how the shooting unfolded. Margie Carranza, 47, and her mother, Emma Hernandez, 71, were the victims of “a tragic misinterpretation” by officers working under “incredible tension,” he said. Just hours before, Dorner allegedly shot three police officers, one fatally. And, in an online posting authorities attributed to him, Dorner threatened to kill more police and seemed to take responsibility for the slaying over the weekend of the daughter of a retired LAPD captain and her fiance.

Beck and others stressed that the investigation into the shooting is in its infancy. They declined to say how many officers were involved, what kind of weapons they used, how many bullets were fired and, perhaps most important, what kind of verbal warnings — if any — were given to the women before the shooting began.

H/T to Jon, my former virtual landlord, for the links to both articles and the urgent advice “You might want to park the Tacoma in the garage for awhile”.

February 7, 2013

Soccer’s greatest scandal yet … may be far worse than the 680 fixed matches we’ve heard about

Filed under: Law, Media, Soccer — Tags: , , , — Nicholas @ 12:13

Soccer is a huge global sport (yes, my American friends, it really is). It’s also the favourite sport for Asian gamblers to lose money over, and Europol has highlighted 680 “suspicious” matches so far:

It’s huge news, not because the results are particularly surprising — there’s plenty of other evidence, even recent evidence, that match-fixing is rampant in global soccer — but because the sheer extent of the allegations means that we can no longer delude ourselves about what’s happening. This is what’s happening: Soccer is fucked. Match-fixing is corroding the integrity of the game at every level. It’s not just South African friendlies or Korean league games or Chinese “black whistles”; it’s not even just the occasional Calciopoli-type scandal that you can explain away by saying “well, Italy is Italy.” Operation Veto found suspect World Cup qualifiers, suspect European Championship qualifiers, suspect Champions League games. It found 150 suspect matches at the international level, on multiple continents. It found 380 suspect matches in Europe overall. It found a suspect match involving Liverpool that was played at Anfield, arguably the most celebrated club and stadium in England.

These are tip-of-the-iceberg numbers. The investigation didn’t turn up every instance of match-fixing everywhere; they’re just talking about the possibilities they’ve turned up. Concise evidence of what’s still hidden: Europol revealed that they’d found $11 million in organized-crime profits. Sound a little low to you? Chris Eaton, the former FIFA security director who now runs the International Centre for Sports Security in Qatar, thinks the actual number is maybe a hundred times that high.

So let’s say I told you that a major international law-enforcement agency had uncovered a mountain of evidence that indicates the most popular sport in the world was being manipulated by a criminal ring that was profiting to the tune of — conservatively — millions of dollars. On one level, that’s good news, isn’t it? I mean, it’s terrible that it happened, but now that the police know, things can change! We’ll see arrests! We’ll see books opened! The truth will come to light! At a minimum, FIFA will take strong and immediate steps to make sure this never happens again. Right?

Let me answer that question by referring you to the phrase that I hope will be your primary takeaway from this piece. Soccer. Is. Fucked.

Canadian companies lobby the government for the right to install rootkits on your electronic devices

Filed under: Cancon, Law, Media, Technology — Tags: , , , , — Nicholas @ 00:01

Michael Geist reports on a recent lobbying attempt that should be thrown out with contempt if we lived in a just world:

The deadline for comments on Industry Canada’s draft anti-spam regulations passed earlier this week with a group of 13 industry associations — including the Canadian Chamber of Commerce, the Canadian Marketing Association, the Canadian Wireless Telecommunications Association and the Entertainment Software Association of Canada — submitting a lengthy document that, if adopted, would gut much of the law. The groups adopt radical interpretations of the law to argue for massive new loopholes or for the indefinite delay of several provisions. I will focus on some of the submissions shortly, but this post focuses on the return of an issue that was seemingly killed years ago: demands to permit surreptitious surveillance by the copyright owners and other groups for private enforcement purposes.

During the anti-spam law debates in 2009, copyright lobby groups promoted amendments that would have allowed for expansive surveillance of user computers. Coming on the heels of the Sony rootkit scandal, the government ultimately rejected those proposals (the Liberals had plans to propose such amendments but backed down), leaving in place an important provision that requires express consent prior to the installation of computer software.

[. . .]

The Canadian Chamber of Commerce and other business groups want to ensure that the anti-spam law does not block their ability to secretly install spyware on personal computers for a wide range of purposes. In doing so, these groups are proposing to turn the law upside down by shifting from protecting consumers to protecting businesses. The comment period on the draft regulations may have closed, but it is not too late to tell Industry Minister Christian Paradis or your local Member of Parliament to reject demands that would gut the anti-spam bill and legalize spyware for private enforcement purposes.

February 6, 2013

You can say “Space” and you can say “Marines”, but you can’t say “Space Marines”

Filed under: Books, Gaming, Law, Media — Tags: , , , — Nicholas @ 11:40

Apparently Games Workshop owns the trademarked term “Space Marines”, so nobody else is supposed to use it:

For years, there have been stories about Games Workshop being trademark bullies and sending threats to people who use the term “space marine” in connection with games. But now that they’ve started publishing ebooks, Games Workshop has begun to assert a trademark on the generic, widely used, very old term “space marine” in connection with science fiction literature.

[. . .]

A few important notes:

* Amazon didn’t have to honor the takedown notice. Takedown notices are a copyright thing, a creature of the Digital Millennium Copyright Act. They don’t apply to trademark claims. This is Amazon taking voluntary steps that are in no way required in law.

* Games Workshop’s strategy is to make “space marine” less generic by launching high profile, bullying attacks on everyone who uses it, so that there will come a day when people hearing the phrase immediately conclude that it must be related to Games Workshop, because everyone know what colossal dicks they are whenever anyone else uses the phrase

* Trademarks only apply to commercial works. You can and should use “space marine” in your everyday speech, fanfic, tweets and so on. For one thing, it will undermine Games Workshop’s attempts to homestead our common language.

Update: John Scalzi clearly feels the claim lacks merit:

I am not a lawyer, so factor that in here. That said: Games Workshop, really? You know, a simple search on the term “space marines” over at Google Books shows a crapload of prior art for “space marines” in science fiction literature, from the 1936 Amazing Tales novelette “The Space Marines and the Slavers” by Bob Olsen, to Robert Heinlein’s novel Space Cadet, to the very recent use of the term in The Sheriff of Yrnameer by Michael Reubens and So You Created a Wormhole: The Time Traveler’s Guide to Time Travel by Phil Hornshaw and Nick Hurwitch. There is no lack of evidence that the phrase “space marines” has been used rather promiscuously in science fiction literature up to this point.

To argue, as Games Workshop must, that the phrase “space marines” has a distinctive character in science fiction literature relating only to their product involves, shall we say, a certain studied ignorance of the field. Table top games? Possibly; I’m not an expert. Science fiction literature? You have got to be kidding. It’s pretty damn generic in this field, and was long before 1987, when Warhammer 40,000 was created in game form . Nor does it seem, as far as I know, that Games Workshop attempted to claim trademark on the phrase “space marine” before, despite a veritable plethora of Warhammer 40K tie-in literature using the phrase.

Municipality really eager to get their parking revenues

Filed under: Bureaucracy, Law, Middle East — Tags: , — Nicholas @ 10:18

A woman in Tel Aviv was lucky to be able to get security camera footage to prove her innocence here:

The Tel Aviv Municipality found itself in hot water on Tuesday, after a Facebook post by a woman whose car was towed after city workers painted a handicapped space around the vehicle went viral, becoming a mini-scandal and garnering coverage across Israeli media outlets.

Security camera footage from a store above the parking spot on Yehuda Halevi Street shows the car parked at a legal blue parking spot, before city workers arrive and paint a handicapped spot around the car, which is towed shortly thereafter.

The video was obtained by the owner of the car, Hila Ben-Baruch, from the surveillance camera of the store above the parking spot.

I once saw something similar happen in real time: in the mid-1970’s, I was waiting for a Mississauga Transit bus when a work crew from the city came along. The crew started putting up “No Parking” signs along the road, and a Peel Regional Police officer came along a few minutes later to write parking tickets for all the cars which were now illegally parked. The bus I was waiting for was on something like a 45 minute schedule, so this all took place within that stretch of time.

February 5, 2013

The President’s “license to kill”

Filed under: Government, Law, Liberty, USA — Tags: , , , , , — Nicholas @ 09:56

At Reason, Jacob Sullum has a few concerns about the information that came to light in a Department of Justice memo leaked to the media:

The Justice Department white paper on “The Lawfulness of a Lethal Operation Directed Against a U.S. Citizen Who Is a Senior Operational Leader of Al-Qa’ida or an Associated Force,” noted earlier tonight by Mike Riggs, fills in the fine print of the license to kill claimed by President Obama in several ways, none of them reassuring. The main conclusion of the paper, which was obtained by NBC News, is that “it would be lawful for the United States to conduct a lethal operation outside the United States against a U.S. citizen who is a senior, operational leader of al-Qa’ida or an associated force of al-Qa’ida without violating the Constitution or…federal statutes…under the following conditions: (1) an informed, high-level official of the U.S. government has determined that the targeted individual poses an imminent threat of violent attack against the United States; (2) capture is infeasible, and the United States continues to monitor whether capture becomes feasible; and (3) the operation is conducted in a manner consistent with the four fundamental principles of the laws of war governing the use of force” — i.e., “necessity, distinction, proportionality, and humanity.”

[. . .]

More generally, the white paper fleshes out the Obama administration’s argument that U.S. citizens killed by drones are getting all the process that is appropriate in the circumstances; hence the Fifth Amendment, though implicated, is not violated. And since these targeted killings are lawful acts of self-defense, the Justice Department says, they do not violate the law against killing U.S. nationals in foreign countries or the executive order banning assassination. After all, “A lawful killing in self-defense is not an assassination.” Duh.

The problem is that to accept this position, you have to put complete trust in the competence, wisdom, and ethics of the president, his underlings, and their successors. You have to believe they are properly defining and inerrantly identifying people who pose an imminent (or quasi-imminent) threat to national security and eliminating that threat through the only feasible means, which involves blowing people up from a distance. If mere mortals deserved that kind of faith, we would not need a Fifth Amendment, or the rest of the Constitution.

February 4, 2013

A legal spectre is haunting the NFL

Filed under: Football, Health, Law, Media, USA — Tags: , , , , — Nicholas @ 10:12

In the wake of a vastly entertaining SuperBowl contest between the “San Francisco 50-1’ers”* and the “Baltimore Black Birds”*, Steve Chapman outlines the possibility that we won’t see too many more SuperBowl games:

Professional football is the most popular spectator sport in America, which is one reason yesterday’s Super Bowl was expected to draw 110 million viewers. With its famous athletes, storied franchises, and lucrative TV contracts, it’s an industry whose future appears limitless.

But football has a problem: the specter of mass brain damage among current and former players. So far, the steady trickle of disturbing revelations has had no apparent effect on ticket sales or TV ratings. What it has done, though, is more ominous: It has invited lawsuits.

If football falls into decline, it may not be the result of fans turning away, athletes avoiding it, or parents forbidding it. It may be from lawyers representing players who sustained chronic traumatic encephalopathy and expect to be compensated for the damage.

[. . .]

Walter Olson, a Cato Institute fellow, blogger (Overlawyered.com), and author of several books on liability, knows well how a tide of litigation can transform a landscape. And he has a bold prediction: “If we were to apply the same legal principles to football as we do to other industries, it would have to become extremely different, if not go out of business.”

“Seriously?” you may ask. A guy who made a good living engaging in high-speed collisions with 300-lb. blocks of granite can say he didn’t understand the risks involved? It may seem that case will be laughed out of court.

But Olson thinks not. “Courts have not been very friendly to this argument, particularly when something as grave as permanent brain damage is involved,” he told me. And it’s become apparent that while players were aware of the possibility of mangled knees, broken bones, and concussions, they didn’t grasp that repeated blows to the head could produce debilitating and irreversible mental harms.

* See the Samsung commercial in this post for explanation of the team names.

February 1, 2013

EFF joins effort to quash “Gaymer” trademark

Filed under: Gaming, Law, Liberty, Media — Tags: , , , — Nicholas @ 09:27

Chris Vizzini registered the trademark “Gaymer” in March of 2008. More recently he’s started trying to enforce his trademark by sending a cease-and-desist letter to Reddit, which has a large, active, vocal gay gamer community in the r/gaymers subreddit. If you know anything about Reddit communities, you’ll not be surprised that they’ve rallied to fight against Vizzini’s efforts to shut them down:

The response was immediate. The first option presented was to change the subreddit’s name. Others looked to see if the trademark could even be considered valid, tracking down examples of prior use, one of them dating all the way back to 1991. Also discussed was the possibility of licensing the term for a nominal fee, the downside being that even if Vizzini did accept, it would do nothing to prevent him from pursuing others who used the word “gaymer.”

While the trademark’s description seemed to cover a large portion of Reddit’s “goods and services” (with a few notable differences), the discussion focused on whether or not Vizzini should have been able to trademark what many viewed as a descriptive or generic term.

The stakes were raised again when the Electronic Frontier Foundation (EFF) became an active participant:

And, as if facing the wrath of united redditors wasn’t enough, the EFF has now joined the push to have this trademark cancelled.

    [I]n a petition filed with the U.S. Patent and Trademark Office (USPTO) today, the group asks the USPTO to cancel the “gaymer” trademark registration so that people around the world can continue to use the word without interference.

    The Electronic Frontier Foundation (EFF) and the law firm Perkins Coie represent the Reddit gaymers — members of the lesbian, gay, bisexual, and transgendered community who have an active interest in video games…

    “This registration should never have been granted,” said EFF Intellectual Property Director Corynne McSherry. “Gaymer is a common term that refers to members of this vibrant gaming community, and we are happy to help them fight back and make sure the term goes back to the public domain where it belongs.”

    “Trademarks have one primary purpose: to protect consumers from confusion about the source of goods or services,” said EFF Staff Attorney Julie Samuels. “This registration isn’t being used to protect consumers — it’s being used to threaten free speech.”

EFF’s petition cites the same complaints the redditors discussed: that the word “gaymer” is both generic and descriptive and that it predates Vizzini’s application for exclusive use of the term (in relation to the services listed above — there’s also an unrelated Gaymer line of ciders). Whether or not the USPTO will find this argument convincing remains to be seen. Many dubious claims have made their way unscathed through the registration office in years past. The main benefit of this action is it puts the pressure on Vizzini to defend his claim to the term, something he may have no interest in doing.

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