Quotulatiousness

August 7, 2012

Overzealous copyright enforcement

Filed under: Law, Space, USA — Tags: , , , — Nicholas @ 09:36

Even copyright-free NASA footage can be taken down for copyright infringement. Brid-Aine Parnell at The Register explains the fast-trigger-finger-goof:

YouTube was a bit keen in the prosecution of copyright laws during NASA’s victorious Curiosity rover landing yesterday morning, booting the first video excerpt of the livestream off its site for infringing a news service.

NASA’s video coverage and pics are actually generally copyright-free, which made the overzealous bot takedown even more ironic as it pulled the video from the space agency’s channel for infringing on the rights of Scripps Local News.

The problem, which took a few hours to fix, was flagged by online magazine Motherboard, which spotted a message on the video declaring: “This video contains content from Scripps Local News, who has blocked it on copyright grounds”.

August 5, 2012

Angers still pushing for compensation for Plantagenet murder in 1499

Filed under: Britain, Europe, France, History, Law — Tags: , , — Nicholas @ 10:22

I mentioned this amusing little issue last month. The city of Angers is still trying to get the British crown jewels as compensation for Henry VII’s judicial murder of the last legitimate male Plantagenet claimant to the English throne. Lowering The Bar has more:

What’s the connection between these French people and the English throne? It looks like the first connection that mattered was between Matilda, the daughter of King Henry I, and Geoffrey of Anjou (the county in which Angers was located). Their oldest son became Henry II of England in 1154. After 331 years of exciting adventures, the ruling line ended with Richard III, who was killed in battle by the forces of Henry Tudor (Henry VII). (Since history is written by the victors, Richard III now appears in plays as a murderous hunchback and the Tudors got their own miniseries on Showtime.)

But Angers doesn’t appear to care about any of those guys (especially the hunchback), only about Edward, Earl of Warwick. He had a claim to the throne (he was Richard III’s nephew, or something), but was only 10 in 1485, and judging from this portrait was so poor that he could not even afford to be drawn from the neck down. But Henry threw him in the Tower of London anyway and kept him there until he was old enough to kill, basically, which happened in 1499. He was the last legitimate male Plantagenet.

Angers is sponsoring a petition drive about this 513-year-old outrage and will send the official results to Queen Elizabeth II (House of Windsor) in September. This will coincidentally coincide with Angers’s annual cultural festival. A spokesperson for the city admitted that the petition “had little chance of success” (the original crown jewels were done away with by Oliver Cromwell anyway), but said that the crime against the Plantagenets was worth remembering. According to the report, he also “encouraged British people to visit Angers, which has medieval buildings including a magnificent castle which recalls the glory days of the Plantagenets.”

Tolerance Is Different From Approval

Filed under: Business, Food, Law, Liberty, USA — Tags: , , — Nicholas @ 00:09

In his Forbes column, Tim Worstall explains his puzzlement over the ongoing Chick-Fil-A uproar in the US and why tolerance is not the same as approval:

As to the basic point about gay marriage I can only offer my personal opinion: all for it. On the grounds that everyone’s going to understand the miserableness of us middle aged heteros a great deal better after 20 odd years of societally enforced monogamy. Slightly more seriously gay marriage or not gay marriage has little to do with a business column.

What does have to do with a business column is that this whole idea of a market means that we don’t have to care about the personal beliefs of either those who supply us or whom we supply. It’s the very impersonality of market exchange that means that it just doesn’t matter a darn what anyone’s sexual (or indeed any other) preference is. We get to care only about whether it’s a good chicken sandwich or whether the customer has enough money for one.

[. . .]

The other point that occurs to me is that we seem to be separating tolerance from approval in a way that some in the US are not.

Just as background, in the country I live in, Portugal, there is as far as a legal marriage ceremony goes, only civil marriage. Any two consenting adults, in whatever mixture of genders and sexes makes sense to those two individuals, can be married by the State. Religion doesn’t even get a look in.

If you do want a religious marriage, according to the rites of a church, then off you go after your civil marriage and have one. That marriage will be limited by whatever that church decides the limitations upon marriage are. It has no legal effect at all.

At which point everyone tolerates gay marriage but no one demands approval of it. For the two are different. Tolerance being the necessary requirement for a free and liberal society: that you get to do what you want to do as long as everyone else is also given the same freedom to follow their path from cradle to grave. Approval is something else again. I, to take a very trivial example, certainly tolerate the existence of Simon Cowell and his shows but that doesn’t mean that anyone can demand that I approve of them.

August 2, 2012

England: land of history … and archaic laws that still can bite

Filed under: Britain, History, Law, Religion — Tags: , — Nicholas @ 10:50

Do you live in England? Do you live near an old church? Brace yourself for possible bills to repair that lovely old pile of crumbling stone:

Because of the way land was carved after the dissolution of the monasteries under Henry VIII, the owners of many houses sited near historic churches have a legal obligation to contribute to repairs.

People living in more than 5,000 parishes in England are subject to the historic “chancel repair liabilities”, which affect properties built on former monastic land.

Most take out a form of insurance against the liability but many so-called “lay rectors” are entirely unaware of the obligation as it is rarely enforced.

But now, after an attempt by the last Government to tidy up the law in the wake of a high profile court case, parishes have been ordered to trawl through land records dating back hundreds of years to clarify exactly who is liable.

A 10-year legal deadline imposed by the last Government is due to expire next year and local parish bodies have been warned they could be legally responsible if they fail to comply.

July 27, 2012

Twitter joke trial comes to the correct result, eventually

Filed under: Britain, Law, Liberty, Technology — Tags: , , , — Nicholas @ 10:53

Kelly Fiveash at The Register on the Twitter “bomb threat” case:

A bloke found guilty of tweeting a “menacing” joke about blowing up a UK airport has had his conviction quashed by the High Court today. A collective sigh of relief was heard moments later from comedians addicted to the micro-blogging website.

Paul Chambers, 28, was waiting to fly from Doncaster’s Robin Hood airport to Belfast to see his girlfriend, whom he met on the social networking site, when snow closed the airfield and delayed his flight.

He vented his frustration in a series of tweets to his squeeze Sarah Tonner, now his fiancee, including a suggestion that he had considered “resorting to terrorism” to ensure he could visit her.

[. . .]

Mr Justice Owen and Mr Justice Griffith Williams said in the High Court today that the facts needed to be considered in context, pointing out that the tweets had clearly appeared to be a reference to the airport closing due to adverse weather conditions.

“There was no evidence before the Crown Court to suggest that any of the followers of the appellant’s ‘tweet’, or indeed anyone else who may have seen the ‘tweet’ posted on the appellant’s time line, found it to be of a menacing character or, at a time when the threat of terrorism is real, even minimally alarming,” the High Court heard.

July 26, 2012

The “international sporting event” in “the capital of the United Kingdom”

Filed under: Britain, Law, Liberty, Media, Sports — Tags: , , , — Nicholas @ 09:00

Dahlia Lithwick explains why we all need to be careful how we refer to a certain large organized sports extravaganza happening in a major city in England:

At the London Olympics, we’re seeing unprecedented restrictions on speech having anything to do with, erm, the Olympics. There are creepy new restrictions on journalists, with even nonsportswriters being told they should sign up with authorities.

Then there’s the London Olympic Games and Paralympics Games Act 2006. The law was originally aimed at preventing “over-commercialization” of the games, but it seems to have unloosed something of a Pandora’s box of speech suppression. Provisions triggering worries for protesters include sections regulating use of the Olympic symbol “in respect of advertising of any kind including in particular — (a) advertising of a non-commercial nature, and (b) announcements or notices of any kind.” The law further seems to authorize a “constable or enforcement officer” to “enter land or premises” where they believe such material is being produced. It also permits that such materials may be destroyed, and for the use of “reasonable force” to do so.

[. . .]

But it’s not just the Olympic rings that are being protected; it’s also Olympic words. As Nick Cohen recently observed, the “government has told the courts they may wish to take particular account of anyone using two or more words from what it calls ‘List A.’ ” Those words: Games, Two Thousand and Twelve, 2012, and twenty twelve. And woe betide anyone who takes a word from List A and marries it with one or more words from “List B”: Gold, Silver, Bronze, London, medals, sponsors, summer.

Spectators have been warned they may not “broadcast or publish video and/or sound recordings, including on social networking websites and the Internet,” making uploading your video to your Facebook page a suspect activity. Be careful with your links to the official Olympic website as well.

July 25, 2012

Michael Bloomberg’s call for a national police strike

Filed under: Law, Liberty, USA — Tags: , , , , — Nicholas @ 10:45

At the Simple Justice blog, Scott H. Greenfield explains why New York City mayor Michael Bloomberg is so very, very wrong to call for a national police strike:

There are some virtues that come with having a billionaire mayor. He’s not easy to bribe, for example, so you know whatever comes out of his mouth does so honestly. And therein lies the downside when he says something like this:

    “I don’t understand why the police officers across this country don’t stand up collectively and say, ‘We’re going to go on strike. We’re not going to protect you. Unless you, the public, through your legislature, do what’s required to keep us safe,’” Bloomberg said on CNN Monday night.

Within this idiotic comment are two fallacious assumptions. The first is the “war on cops” tripe, that there is a trend against cops, putting them at increasing risk of harm from gun-toting criminals. Radley Balko has beaten that myth to death. Mike Riggs too. It’s a good myth to further a public agenda in favor of order at the expense of law, but it just doesn’t hold water.

The second, however, is the mayor’s encouragement to police to take the First Rule of Policing a step further than ever before, to use their singular authority to hold a nation hostage. This is perhaps the most dangerous idea Bloomberg could promote.

[. . .]

Ironically, the only means of staying this armed takeover, should the police ever come to recognize that they have the power if not the authority to seize control, would be guns in the hands of citizens. No rational person could want it to come to such a battle.

So while a billionaire mayor may be above the influences that drive mere mortals, they sometimes utter the most insanely foolish things that take us to a place we must never go. The day the police, as a whole, think they can use their posts to take our government hostage is the day every citizen will need to dust off his arms. The day a billionaire mayor suggests that the police should use their power to influence our government is a day he’s been in office too long.

Update: Walter Olson at the Cato@Liberty blog:

It’s enough to make you wonder whether Bloomberg is secretly a passionate admirer of the Second Amendment and keeps saying things this outrageous from a covert intent to sabotage the case for gun control.

Chris Selley on the burka’d bottles

Filed under: Cancon, Law, Media — Tags: , , , — Nicholas @ 09:56

Following up from yesterday’s amusing story about the Sun News stunt of dressing an underaged teen in a burka and successfully buying booze at the LCBO, Chris Selley gets to the real reason the stunt worked:

Debates about face coverings in this country almost always boil down to policy, not people. Should people wearing burkas have to unveil to vote? We went pretty crazy about that issue, a while back, and probably will some day again (especially if Sun News has anything to say about it). Should Quebecers have to unveil to take a government-run French class? Quebec went a bit crazy about that, and eventually said yes. What about to board an airplane, or to get a driver’s license? Controversies along these lines pop up every now and again and get thrown into the coliseum of Canadian debate, where the right’s and the left’s gladiators battle it out.

Meanwhile, off to the side, you’ll usually find representatives of the miniscule number of Canadian women who actually wear burkas explaining that they have no problem unveiling in circumstances where it is logically required. But they’re largely ignored, because the left wants to fight for a woman’s right to wear the veil (even if she doesn’t feel it’s being impinged upon) while the right wants to take that right away (on grounds of “liberating” Muslim women).

[. . .]

Again, this wasn’t the Sun’s angle. But it seems reasonable to speculate that those LCBO clerks looked at the veiled customer, realized what they ought to do, and didn’t do it for fear of winding up in their supervisor’s office, the newspaper or some kind of human rights court. That’s not healthy at all, and there’s no point blaming Muslim immigrants for it. In pursuing a harmonious, egalitarian, rights-conscious society, longer-established Canadians may have created a fear of making reasonable requests of fellow citizens who aren’t superficially “like” us. That drives people apart, not together. It perpetuates precisely the sort of nonsensical backlash that the Sun’s critics worry about.

Reason.tv: Fan fiction versus copyright

Filed under: Books, Cancon, Law, Liberty, Media — Tags: , , , , — Nicholas @ 09:34

“It takes a big studio to make The Avengers, but it doesn’t necessarily take a big studio to write a piece of Avengers fan fiction,” says Georgetown University law professor and fan fiction advocate Rebecca Tushnet. “Big content companies largely recognize that fan activities are really good for them because they engage people.”

The growing popularity of fan fiction, a genre in which fans create their own stories featuring characters or settings from their favorite works of popular culture, raises thorny copyright issues. “Given how broad copyright is now, it’s now possible to say fan fiction is an infringing derivative work,” Tushnet explains. “In order to deal with that…we now talk about fair use, which allows people to make fair, limited uses of works without permission from the copyright owner.”

As a member of the Organization for Transformative Works, Tushnet works to defend fan fiction creators caught in the legal debate between protected intellectual property and fair use.

July 24, 2012

LCBO sells booze to underaged teen in a burka

Filed under: Cancon, Humour, Law — Tags: , , , — Nicholas @ 09:00

I foresee a rush of interest among teenage boys in temporarily cross-dressing as Muslim women:

Three liquor stores in the Greater Toronto Area recently sold booze to a 14-year-old boy whose identity was hidden because he was wearing a full-length burka and face veil at the time.

The teenager, clad in an Islamic female’s traditional garb of a burka, headscarf and facial covering, shopped in three different LCBO stores north of Toronto last Wednesday.

In each location, the Grade 8 student paid cash for a bottle of sambuca liqueur.

[. . .]

The stunt was co-ordinated and video recorded by Sun News host David Menzies, who has made a career out of lambasting Canada’s politically correct institutions.

Menzies said the unopened bottles — totalling just over $80 — were promptly taken from the teen at the day’s end but suggested the fact the boy was never asked to uncover his face or show photo identification at multiple store locations reveals a deeply ingrained reluctance on the part of Canadian institutions to challenge cultural practices, even when they conflict with broader societal goals such as preventing underage drinking. “The reason why you have to unveil is that is photo ID is absolutely useless if you don’t see the actual face of the person,” said Menzies, adding he came up with the idea after an acquaintance told him he had seen this happen at various LCBO locations.

The racist history of gun control

Filed under: History, Law, Liberty, USA — Tags: , , , , — Nicholas @ 07:55

Brendan O’Neill wonders how gun control — traditionally a racist and xenophobic attempt to disarm blacks and foreigners — became a left-wing policy:

One of the great mysteries of modern politics is how gun control came to be seen as a natural Left-wing cause. Following the horrific shootings in Aurora, Denver, the usual lineup of Left-liberal activists and commentators have pleaded, for the ten thousandth time, for America to get rid of its stupid constitutional guarantee of the right to bear arms and to clamp down on gun ownership. This is the default setting of virtually every observer who considers himself of the Left, particularly those outside of America, who love nothing more than to look down their long noses at the Wild West-style, gun-wielding, blood-spattered mess they believe modern America to be.

Which is all a bit weird, because for years — for two centuries, in fact — gun control was a largely Right-wing, reactionary campaign issue, not a Left-wing one. The fact that it has now been adopted by Leftists is very revealing indeed.

[. . .]

In the modern period, too, there was a hugely reactionary bent to gun-control campaigns. In the early 20th century new laws, such as the 1911 Sullivan Law in New York City, were passed to prevent the huge influx of immigrants from southern and eastern Europe from getting their hands on guns. As Gary Kleck puts it in his book Point Blank: Guns and Violence in America, gun control was anything but a liberal cause: “In the 19th and early 20th century, gun-control laws were often targeted at blacks in the south and the foreign-born in the north.”

The Gun Control Act of 1968 was ostensibly passed in response to assassinations of Robert F Kennedy and Martin Luther King, but its real targets were inner-city black communities where there had been violent riots for three summers running and where some black activists were beginning to arm themselves. In the 1990s, Bill Clinton, recognising that his liberal supporters were converting en masse to the cause of gun control, started to talk about the “evil” of assault rifles. Who tended to own assault rifles? “Drug dealers, street gang members and other violent criminals”, the Clinton adminstration said — long-recognised polite political codewords for blacks and Latinos.

Update: Dan Baum on the reduction in gun crime across the US by nearly half over the last two decades.

Among the many ways America differs from other countries when it comes to guns is that when a mass shooting happens in the United States, it’s a gun story. How an obviously sick man could buy a gun; how terrible it is that guns are abundant; how we must ban particular types of guns that are especially dangerous. The Brady Campaign to Prevent Gun Violence responded to the news with a gun-control petition. Andrew Rosenthal of the New York Times has weighed in with an online column saying that “Politicians are far too cowardly to address gun violence . . . which keeps us from taking practical measures to avoid senseless shootings.”

Compare that to the coverage and conversation after Anders Behring Breivik murdered sixty-nine people on the island of Utøya in Norway, a year ago next Sunday. Nobody focused on the gun. I had a hard time learning from the news reports what type of gun he used. Nobody asked, “How did he get a gun?” That seemed strange, because it’s much harder to get a gun in Europe than it is here. But everybody, even the American media, seemed to understand that the heart of the Utøya massacre story was a tragically deranged man, not the rifle he fired. Instead of wringing their hands over the gun Breivik used, Norwegians saw the tragedy as the opening to a conversation about the rise of right-wing extremism in their country.

Rosenthal is wrong, by the way, that politicians haven’t addressed gun violence. They have done so brilliantly, in a million different ways, which helps explain why the rate of violent crime is about half what it was twenty years ago. They simply haven’t used gun control to do it. Gun laws are far looser than they were twenty years ago, even while crime is plunging — a galling juxtaposition for those who place their faith in tougher gun laws. The drop in violence is one of our few unalloyed public-policy success stories, though perhaps not for those who bemoan an “epidemic of gun violence” that doesn’t exist anymore in order to make a political point.

QotD: The totalitarian tendency

Filed under: Law, Liberty, Politics, Quotations — Tags: , , — Nicholas @ 00:09

[…] This illustrates very well the totalitarian tendency which is implicit in the anarchist or pacificist vision of Society. In a Society in which there is no law, and in theory no compulsion, the only arbiter of behaviour is public opinion. But public opinion, because of the tremendous urge to conformity in gregarious animals, is less tolerant than any system of law. When human beings are governed by “thou shalt not”, the individual can practise a certain amount of eccentricity: when they are supposedly governed by “love” or “reason”, he is under continuous pressure to make him behave and think in exactly the same way as everyone else.

George Orwell, “Politics vs. Literature: An Examination of Gulliver’s Travels“, Polemic, September-October 1946.

July 19, 2012

“The USOC Can Do Whatever It Wants Because Olympics Act Of 1978”

Filed under: Law, Sports, USA — Tags: , , — Nicholas @ 14:10

At Techdirt, another example of the true modern Olympic spirit:

Ah, the Olympics. The spirit of cooperation. Of athletic competition. Of the essence of global feel-good-ness, where all the Olympic committees of the world come together to put on a spectacle made of the most brilliant athletes in the world.

Oh, and they also like to stifle links to critical pieces (do we have your attention, boys?), by banning their fans from sharing their experiences via social media, and threatening ICANN for refusing to block Olympic-related terms. And, now, Steve M shares a story from the Philadelphia Daily News about how the United States Olympic Committee has won a 30 year battle they didn’t know they were fighting with a gyro shop.

    “Three decades after it burst from the starting block, the Greek eatery Olympic Gyro has received a cease-and-desist email from the USOC, the nonprofit corporation responsible for training and funding U.S. teams. The June 7 notice demanded deletion of the word “Olympic” from the food shop’s title, claiming copyright of the word under a 1978 law.”

This legislative insanity, which I assume is entitled “The USOC Can Do Whatever It Wants Because Olympics Act Of 1978”, basically grants the USOC sole usership of the word “Olympic” in the United States, amongst other travesties.

Multiculturalism and suttee in the Raj

Filed under: Britain, History, India, Law, Religion — Tags: , , , — Nicholas @ 10:30

ESR on a famous incident in British India in the 1840s:

The first lesson is for the various sorts who call themselves “multiculturalists” and “moral relativists”. Napier showed us that these ostensibly liberating doctrines actually translate into “might makes right” — that, in the absence of a common normative ethical framework, disputes about “custom” will be won by the tribe with the most ability and will to use force.

The second lesson is for people who, having noticed than relativism and multiculturism are a road to ruination and blood, then argue that we must fall back on religion as the only possible source of truly universal ethical norms (If God is dead, is anything permissible?). Notice that the would-be widow-burners are priests? The “custom” they are arguing for is exactly their bid in the game of if-you-accept-my-religious-premises.

Napier, in promising those priests a hanging, says nothing of any religious counter-conviction of his own. And it would make no difference to the lesson if he had — except, perhaps, to underline the point that religion is just another form of tribal particularism and thus fundamentally unable to lift us away from the bloody muck of might-makes-right.

July 17, 2012

FATCA “may end up killing more U.S. jobs than all the call centers in India combined”

Filed under: Economics, Government, Law, USA — Tags: , , , , — Nicholas @ 09:52

Matt Welch on the worst bit of legislation for US workers so far:

That’s a line from this commendable Wall Street Journal column by William McGurn about the oft-lamented-around-these-parts Foreign Account Tax Compliant Act of 2010, or FATCA (rimshot). While President Barack Obama keeps hitting presumptive Republican presidential nominee Mitt Romney over offshoring and jobs, one of Obama’s most economically deleterious laws continues inflicting damage largely off the journalistic radar screen.

“Within the United States,” McGurn writes, “almost no American has heard of it. Save for the occasional article, it’s gone largely uncovered. And just like ObamaCare, the nastiest, job-killing aspects will not hit until after this November’s election.”

McGurn points out that FATCA was the revenue-generating side of the Hiring Incentives to Restore Employment Act of 2010 (HIRE! God, I hate these people….) — “a jobs bill dominated by tax breaks designed to get businesses to hire unemployed Americans.” So once again, government is “paying” for the economically dubious and morally spurious act of granting targeted tax breaks to favored corporations by screwing over the middle class.

« Newer PostsOlder Posts »

Powered by WordPress