Quotulatiousness

November 30, 2012

Stopping by the Copyright Office on a Snowy Evening

Filed under: Law, Media, USA — Tags: , , , — Nicholas @ 11:28

Virginia Postrel charts the ever-expanding copyright protections under US law:

Even as digital technology has made reproducing, remixing and repurposing creative works easier — with potentially enormous benefits for consumers and producers of new works — the monopoly privileges of copyright have expanded. The result is a bizarre combination of rampant copyright violations, frequent encroachment on legitimate fair use, suppression of new technologies and business models, and the ever-present threat of draconian penalties.

Consider how the law applies to Robert Frost’s classic poem “Stopping by Woods on a Snowy Evening,” first published in 1923. Back then you only got copyright privileges for works officially registered with the copyright office, and only for a term of 28 years, which could be renewed if you filed again, as Frost did in 1951.

Requiring such simple procedures reserved copyright privileges for creators with strong commercial or sentimental interests in limiting the publication of their works. Today, by contrast, copyright automatically applies to every eligible work, including your vacation snapshots and your 4-year-old’s handmade Mother’s Day card.

Under the law when Frost wrote his poem and renewed the copyright on the volume including it, it would have presumably entered the public domain in 1979, more than a decade after its author’s death in 1963. That’s not what happened. Beginning in 1962, Congress gradually extended copyright terms, and in 1976 it passed a new copyright act that gives works already under copyright a new term of 75 years from their first publication. That meant “Stopping by Woods” wouldn’t go into the public domain until 1998.

That’s not what happened either. Just as the poem’s copyright was about to expire, Congress passed the Sonny Bono Copyright Term Extension Act, which gave existing works a new copyright term of 95 years. (The 1923 Frost volume including the poem was one of the works cited in a lawsuit unsuccessfully challenging the act’s constitutionality.) So Frost’s poem won’t enter the public domain until 2018 — assuming that Congress doesn’t pass yet another extension.

Christine Jorgensen

Filed under: Health, History, Media, USA — Tags: , — Nicholas @ 09:58

The BBC has a retrospective on Christine Jorgensen, who started life as George Jorgensen, switching gender 60 years ago:

News of a pioneering sex change operation, one of the first involving both surgery and hormone therapy, was announced in 1952 — exactly 60 years ago this weekend.

“Ex-GI becomes blonde beauty!” screamed one headline as newspapers in the United States broke the news.

George Jorgensen, a quiet New Yorker, shocked a nation by returning from a trip to Denmark transformed into the glamorous Christine.

[. . .]

On her return to the US, Jorgensen was greeted with curiosity, fascination and respect by both the media and the public. There was relatively little hostility.

Hollywood embraced her. Theatre and film contracts began to roll in, she was invited to all the most glamorous parties and even crowned Woman of the Year by the Scandinavian Society in New York.

“I guess they all want to take a peek,” Jorgensen once said.

Throughout the 1960s and 70s she made a comfortable living, touring the country singing and doing impressions in her own show.

She was less successful in her personal life. Her first serious relationship broke down soon after their engagement. The next went as far as the register office, only for Jorgensen to be refused a marriage licence when she pulled out a man’s birth certificate.

November 29, 2012

The F-35 program in the cross-hairs

Filed under: Military, USA — Tags: , , , , , — Nicholas @ 09:10

I thought it had been a while since the last “bash the F-35” round of articles came past. Here’s Christopher Drew talking about the parlous state of the F-35 in light of the US government’s crushing budget woes:

The F-35 was conceived as the Pentagon’s silver bullet in the sky — a state-of-the art aircraft that could be adapted to three branches of the military, with advances that would easily overcome the defenses of most foes. The radar-evading jets would not only dodge sophisticated antiaircraft missiles, but they would also give pilots a better picture of enemy threats while enabling allies, who want the planes, too, to fight more closely with American forces.

But the ambitious aircraft instead illustrates how the Pentagon can let huge and complex programs veer out of control and then have a hard time reining them in. The program nearly doubled in cost as Lockheed and the military’s own bureaucracy failed to deliver on the most basic promise of a three-in-one jet that would save taxpayers money and be served up speedily.

[. . .]

“The plane is unaffordable,” said Winslow T. Wheeler, an analyst at the Project on Government Oversight, a nonprofit group in Washington.

Todd Harrison, an analyst at the Center for Strategic and Budgetary Assessments, a research group in Washington, said Pentagon officials had little choice but to push ahead, especially after already spending $65 billion on the fighter. “It is simultaneously too big to fail and too big to succeed,” he said. “The bottom line here is that they’ve crammed too much into the program. They were asking one fighter to do three different jobs, and they basically ended up with three different fighters.”

November 28, 2012

The slow erosion of the US Navy’s carrier capability

Filed under: Military, USA — Tags: , , — Nicholas @ 09:07

At the Thin Pinstriped Line, Sir Humphrey looks at the US Navy’s carriers and the tasks they are being called on to accomplish:

On paper from next week the USN will operate 10 aircraft carriers, all NIMITZ class, after the USS ENTERPRISE is decommissioned. In reality those 10 vessels are going to be thinly stretched across the globe. Right now, of the 10 hulls, Nimitz is undergoing repairs, three are forward deployed (two are in the Gulf, one is in Japan) and another is available for tasking in the US. One (Abraham Lincoln) is available, but is about to enter deep refit for refuelling, while two more are in deep refit or being refuelled, with a further two in minor refit. As of today, the US Navy has just three operational deployed aircraft carriers at sea, with a fourth available in the US if required, and this is unlikely to change before summer 2013. (A good source of information can be found here — http://gonavy.jp/CVLocation.html)

The worry is that these sorts of availability problems will continue to grow as the class gets older. Make no mistake, these are some of the most complex and capable warships on the planet, but they are also getting old. Three of the hulls have now been commissioned for over thirty years, and another two for over twenty years. Although designed for an optimised 50 year lifespan, it is likely that as they age, maintenance is going to be increasingly difficult and availability will suffer.

Although a replacement class is now under construction, only one has been ordered so far, and the deep budget cuts likely to hit the DOD over the next few years means that it is by no means certain that further orders can be guaranteed in time to generate replacement hulls on time. This is a grim situation and it’s likely to get worse before it gets better.

[. . .]

Despite many years, and millions of dollars expenditure, the USN has not yet introduced a wholly new ship class since the DDG51s entered service back in the late 1980s. Although a couple of small ‘Littoral Combat Ships’ have entered service, the programme is delayed and it feels as if it is unlikely to ever yield large scale unit production. The USN surface fleet is getting a lot older though, with the Ticonderoga Cruisers, the older Arleigh Burkes and the residual Oliver Hazard Perry frigates all getting into their late teens through to late twenties. These ships have been worked hard for years, and yet no replacement is currently in site and likely to enter service within the next 5-6 years. The US escort fleet is increasingly reliant on the DDG51, which looks like it will remain in serial production for at least another twenty years. Of the replacement frigates and cruiser programmes, no signs of real progress seem to be occurring. While this situation drags on, funding is going to be needed soon for the next pair of CVNs to ensure serial production of the Ford class continues. So, the USN has a major problem in managing an ever more elderly fleet with ever fewer ships likely to be active. As spares budgets are cut, it will become harder to keep vessels at sea, while procurement of replacements seems ever more delayed.

Earlier this year, I linked to another of Sir Humphrey’s posts, talking about the US Navy’s “East of Suez” moment.

November 27, 2012

Comparing Walmart to Costco

Filed under: Business, USA — Tags: , , — Nicholas @ 10:16

Megan McArdle explains why the facile comparison of the two big US retail firms does not make as much sense as people think:

One simply cannot have a discussion about Walmart’s wages without someone bringing up Costco. It seems to be de rigeur, like tipping your waiter, calling your mother on her birthday, and never starting your thank you notes with the words “Thank you”. So lets get it out of the way before the supper gong goes.

[. . .]

Costco has a more highly paid labor force — but that labor force also brings in a lot more money. Costco’s labor force, paid $19 an hour, brings in three times as much revenue as a Walmart workforce paid somewhere between 50-60% of that. (There’s a bit of messiness to all these calculations, because of course both firms have employees who don’t work in stores — but that’s the majority of their workforce, so I’m going to assume that the differences come out in the wash.)

This is not because Costco treats its workers better, and therefore gets fantastic productivity out of them, though this is what you would think if you listened to very sincere union activists on NPR. Rather, it’s because their business model is inherently higher-productivity. A typical Costco store has around 4,000 SKUs, most of which are stacked on pallets so that you can be your own stockboy. A Walmart has 140,000 SKUs, which have to be tediously sorted, replaced on shelves, reordered, delivered, and so forth. People tend to radically underestimate the costs imposed by complexity, because the management problems do not simply add up; they multiply.

One way to think about this is Thanksgiving dinner: how come you, who are capable of getting a meal on the table 364 nights of the year, suddenly find yourself burning things, forgetting the creamed onions in the microwave, and bringing the mashed potatoes to the table a half an hour late? Because when you’re cooking sixteen things instead of four, it is not the same as cooking four four-item meals. There are all sorts of complex interactions involving things like heating times and oven space, and adding more people to the problem, while probably necessary, itself multiplies the complexities.

November 24, 2012

The disappointment of the WalMart protest

Filed under: Business, Politics, USA — Tags: , , , — Nicholas @ 11:11

Megan McArdle says that the turnout for yesterday’s nation-wide protest outside WalMart stores fell well short of expectations, but that this shouldn’t be surprising:

There’s an irony to labor organizing: the best time to get workers fired up is during economic downturns, but this is probably the worst time to actually organize them. People are most interested in union actions when jobs are scarce and they feel economically insecure, but of course, that’s when they can ill-afford to take economic changes. Unions made big gains during the Great Depression, to be sure, but they had a host of new laws and a labor-activist FDR administration throwing heavy weight behind those efforts. Without that political help, it’s hard to see how unions could have made such big gains — and of course, arguably, the higher wages that FDR’s policies pushed for helped prolong the Great Depression.

Recessions are also a time when employers don’t necessarily have a lot of profits to give up. Walmart’s $446 billion of revenue last year was eye-popping, but its profit margins are far from fat — between 3% to 3.5%. If they cut that down by a percentage point — about what retailers like Costco and Macy’s have been bringing in — that would give each Walmart employee about $2850 a year, which is substantial but far from life-changing. Further wage improvements would have to come out of the pockets of Walmart’s extremely price conscious shoppers. Which might be difficult, given how many product categories Amazon is pushing into.

The other potential strategy is to mobilize those customers — to cost Walmart business unless they up their wage-and-benefit game. But the Black Friday bargain hunters apparently simply pushed past the scattered protests in search of cheap flat-screen televisions — and the progressives who seem most on fire about this campaign are not really very likely to be Walmart shoppers. Which could be a metaphor for the whole US labor movement.

November 23, 2012

The bridge that eats trucks

Filed under: Railways, Randomness, USA — Tags: , — Nicholas @ 09:38

It’s a bridge so fearsome that it has its own website for breathtaking footage of trucks coming to grief at 11’8″:

If you’re paying attention this week when you drive that tall truck down South Gregson Street, you’ll get fair warning about the low bridge ahead.

A series of yellow diamond signs, starting a block in advance, will tell you about the 11-foot, 8-inch clearance.

Then the yellow lights will go crazy, the ones with an overhead sign that says: OVERHEIGHT WHEN FLASHING.

You’ll have one last chance to escape disaster. You can turn onto Peabody Street, just before Gregson runs beneath the railroad bridge that carries freight and passenger trains across downtown Durham.

But if you’re not paying attention — you dummy! — you’ll make plenty of noise as you crash into that low bridge. It will peel the roof off your moving van. It will scatter the hay bales or building supplies stacked much too high on your flatbed.

It might leave your box truck wedged beneath the overpass. The tow-truck driver will have to deflate your tires before he can haul your sorry self away.

You can watch a collection of truck decapitation clips here: http://11foot8.com/

November 22, 2012

Even in a disaster area, the bureaucrats stick to their role

Filed under: Bureaucracy, Food, Health, USA — Tags: , , , , — Nicholas @ 11:49

I had to double-check the URL here to make sure this wasn’t a parody news item from The Onion:

Bobby Eustace, an 11-year veteran with the city’s fire department tells FoxNews.com that on Sunday he and his fellow firefighters from Ladder 27 in the Bronx were issued a notice of violation for not maintaining restaurant standards in a tent set up in Breezy Point, Queens, to feed victims and first responders.

“It’s just a little ridiculous. The inspector came up and asked if we were wearing hairnets. I told him, ‘We have helmets. This is a disaster area,’” Eustace told FoxNews.com. “Then he asked if we had gloves and thermometers [for food]. I said, “Yeah, we have rectal and oral. Which one do you want?’ He wasn’t amused.”

Eustace says that the Health Department worker then checked off a list of violations at the relief tent, including not having an HVAC system and fire extinguisher.

“He told us that he might come back to see if we fixed the violations. But what can we do? We are just going to keep going until a professional catering company can help take over,” Eustace said, adding that firefighters across the city together have been contributing about $800 a day out of their own pockets to feeding victims in areas hit hard by Sandy.

The rise of the sniper

Filed under: Military, USA — Tags: , , — Nicholas @ 10:27

Strategy Page looks at the changed — and increased — role of the sniper in modern US military doctrine:

In the last decade, American soldiers and marines have greatly increased their use of snipers and the success of this move spread to other countries. The more aggressive use of snipers in the last decade is one of many changes in ground combat. In that time, because of Iraq and Afghanistan, infantry tactics have changed considerably. This has largely gone unnoticed back home, unless you happen to know an old soldier or marine that remembers the old style of shooting. Put simply, the emphasis is on a lot fewer bullets fired and much more accurate shooting. Elite forces, like the Special Forces and SEALs, have always operated this way. But that’s because they had the skill, and opportunity to train frequently, to make it work. The army and marines have found that their troops can fight the same way with the help of some new weapons, equipment, and tactics, plus lots of combat experience and specialized training. This includes the use of new shooting simulators, which allows troops to fire a lot of virtual bullets in a realistic setting, without all the hassle and expense of going to a firing range.

One thing that helped, and that was developing for two decades, was the greater use of snipers. Currently, about ten percent of American infantry are trained and equipped as snipers. Commanders have found that filling the battlefield with two man (spotter and shooter) sniper teams not only provides more intelligence, but also a lot of precision firepower. Snipers are better at finding the enemy, and killing them with a minimum of noise and fuss. New rifle sights (both day and night types) have made all infantry capable of accurate, single shot, fire. With the emphasis on keeping civilian casualties down, and the tendency of the enemy to use civilians as human shields, lots of snipers, or infantrymen who can take an accurate shot at typical battle ranges (under 100 meters), are the best way to win without killing a lot of civilians.

November 21, 2012

“Stop, criminal!”

Filed under: Law, Technology, USA — Tags: , , — Nicholas @ 09:46

Vague legal wording and fuzzy intent turn ordinary activities into crimes:

Are you reading this blog? If so, you are committing a crime under 18 USC 1030(a) (better known as the “Computer Fraud & Abuse Act” or “CFAA”). That’s because I did not explicitly authorize you to access this site, but you accessed it anyway. Your screen has a resolution of 1600×900. I know this, because (with malice aforethought) I clearly violated 18 USC 1030(a)(5)(A) by knowingly causing the transmission of JavaScript code to your browser to discover this information.

So we are all going to jail together.

That’s silly, you say, because that’s not what the law means. Well, how do you know what the law means? The law is so vague that it’s impossible to tell.

The CFAA was written in 1986. Back then, to access a computer, you had to have an explicit user account and password. It was therefore easy to tell whether access was authorized or not. But then the web happened, and we started accessing computers all over the world without explicit authorization.

So, without user accounts or other form of explicit authorization, how do we tell if access to a website is “authorized” or not?

November 19, 2012

“Ron Paul is the San Antonio Spurs of Congress”

Filed under: Liberty, Politics, USA — Tags: , , , — Nicholas @ 13:21

I don’t follow NBA teams, but David Boaz is making a valid point here:

One thing nobody ever points out is that Ron Paul is the San Antonio Spurs of Congress. When they won their third NBA championship in seven years, Washington Post sports columnist Mike Wise praised the resilience of the Spurs, who kept coming back to win without ever being quite a Bulls-style dynasty. He said the Spurs “had their crown taken away twice since 2003 and got it back both times.”

Similarly, Ron Paul is the only current member of Congress to have been elected three times as a non-incumbent. Given the 98 percent reelection rates for House members, it’s no great shakes to win three terms — or 10 terms — in a row. It’s winning that first one that’s the challenge. And Ron Paul has done that three times.

He first won in a special election for an open seat. He then lost his seat and won it back two years later, defeating the incumbent. After two more terms he left his seat to run unsuccessfully for the U.S. Senate. Twelve years later, in 1996, he ran again for Congress, again defeating an incumbent, this time in the Republican primary. Some political scientist should study the political skills it takes to win election to Congress without the benefit of incumbency — three times.

Like many libertarians, I’ve had my differences with Ron Paul on trade agreements, immigration, gay rights and federalism, and his failure to repudiate the associates who put his name on their bigoted newsletters. But as long as he keeps recruiting people, especially young people, to the cause of limited constitutional government, sound money, and non-intervention, I’m glad to see him making an impact.

Rethinking US immigration policies

Filed under: Americas, USA — Tags: , , , — Nicholas @ 10:21

Steve Chapman on the need of both the Democrats and the Republicans to come up with more realistic approaches to solving the illegal immigration problem:

Both sides also agree that a balanced, two-part approach is in order: stricter enforcement and improved border security on one hand and a pathway to legalization on the other. It’s an excellent plan — except for that first part.

To say we need more enforcement to seal the border is like saying we should re-invade Iraq. In the first place, we’ve already ramped up enforcement in every way imaginable. In the second place, it hasn’t solved the problem — and in fact has largely backfired.

[. . .]

G.K. Chesterton wrote that “Christianity has not been tried and found wanting; it has been found difficult and not tried.” Enforcement enthusiasts think the same is true of their preferred option. From them, you would think every migrant sneaking across the Arizona border only had to get by an unarmed attendant sitting in a folding chair and playing Angry Birds on an iPhone.

In fact, the southern border increasingly resembles the Berlin Wall. Border security has become the poster child of big government programs that conservatives typically abhor. It never succeeds, and every failure becomes the rationale for additional funding.

Victims of state-sponsored violence in Pakistan and Gaza

Filed under: Media, Military, USA — Tags: , , , , , , — Nicholas @ 09:52

Brendan O’Neill wonders why fans of Obama’s re-election (and therefore also of his bloody record of drone strikes in Pakistan) are almost uniformly against Israel’s counter-attacks in Gaza:

All the people who two weeks ago were ecstatically cheering the re-election of Barack Obama are now having paroxysms of fury over Israel. Where the blogs, Twitterfeeds and daily conversations of these caring, Left-leaning folk were packed to bursting point with glowing praise for Obama on 7 November, now they are full of scorn for Israel and its inhuman, bloodthirsty bombing of Gaza. The intensity of these individuals’ delirium over Obama’s second term now finds its match in the intensity of their disgust with Israel’s military antics.

Which is weird, when you consider that Obama, their hero, has already done to the tribal regions of Pakistan what Israel, their nemesis, is now doing to Gaza.

Obama, like Israel, launches bombing raids on foreign militants, and Obama, like Israel, ends up killing innocent people in the process. Indeed, of the 283 drone strikes launched by Obama in rural regions of Pakistan over the past four years, which have killed an estimated 2,600 people, only 13 per cent have successfully killed an al-Qaeda or Taliban militant. Shockingly, this means that around 2,200 non-militant Pakistanis — or what we might call innocents — have been killed by Obama: bombed in their beds, or while herding sheep, or while driving their cars. This death toll dwarfs what has been unleashed by Israel over the past week or during the first Gaza war in 2008, when around 1,400 Palestinians died.

[. . .]

What is behind these mammoth double standards? Is it that Pakistanis are considered less important than Palestinians, and therefore there’s no need to protest when they get killed? Is it that Obama is viewed as so supercool and liberal that he can bomb whom he likes and still his cheerleaders won’t kick up a fuss? Is it because Israel is a Jewish State, and we are more offended by the sight of Jews bombing brown people than we are by the sight of America’s Democratic Party bombing brown people? What is it? There must be some explanation. Perhaps if you are one of those people who cheered Obama’s re-election and is now jeering at Israel’s militarism you might take a few minutes to tell us why some forms of militarism make you see red, and others do not.

November 18, 2012

Having (in)famous ancestors

Filed under: History, Humour, USA — Tags: , , , — Nicholas @ 11:40

John Scalzi is having mixed reactions to all the Twitter updates about Lincoln and theatres:

And he wrote about his infamous relative a few years ago:

Every family should have an interesting skeleton in the family closet. In my family, it’s John Wilkes Booth, assassin of Abraham Lincoln, who, of course, was the President of the United States during the American Civil War. Booth assassinated Lincoln not long after the cessation of hostilities between the Union and the Confederacy, by sneaking into the President’s box at Ford’s Theater (the show: Our American Cousin) and shooting him in the back of the head with a pistol. Booth then leaped from the box to the stage, shouting “Sic semper tyrannis” (“Thus it is with tyrants”) and “The South is avenged.” He broke his leg but managed to escape nevertheless. However, eleven days later, he was discovered in a barn, burned out, and then shot (by himself or by a soldier, it’s unclear). He died shortly thereafter. Some maintain that Booth’s body was never positively identified, so it’s possible he actually escaped. Either way, he’s dead now.

For the record, I’m not a direct descendant — my line goes through one of his nine other siblings, making him something along the lines of a great-great-great-great-great-grand-uncle. Whenever I mention my relationship to him, though, people’s eyes get wide, their jaws go momentarily slack, and some people actually back up a step, as if a long dormant assassination gene might suddenly fire up, and they’d be the unlucky recipient. I get a kick out of that. Then I go for the extra point my mentioning that John Wilkes and I have the same birthday: May 10, 131 years apart. By the time I mention I get edgy handling pennies and five dollar bills, people begin to wend their way to the nearest door.

Rand Paul versus Gary Johnson

Filed under: Liberty, Politics, USA — Tags: , , , , — Nicholas @ 11:30

The question is who will take on the role that Ron Paul is stepping down from — unofficial leader of the libertarian movement. Christopher McDaniel thinks that Gary Johnson is the right man for the job:

So who will take up the mantle for Ron Paul’s movement? Who is most likely to be the one that takes liberty to the next level? Conventional wisdom would say that his son, Senator Rand Paul (R-K.Y.) makes the most sense. He has maintained a voting record that is generally consistent with his father’s record. The main source of contention among Paul supporters, however, was Rand’s willingness to endorse Mitt Romney in the general election. While Rand’s decision was likely motivated by a promise to speak at the GOP Convention, and thus political exposure nationally, many of his father’s constituents feel like Rand deserted his father just when he was needed most. Despite his exposure from the convention, Rand has to deal with big stars in the GOP like Marco Rubio and Chris Christie. It seems unlikely to me that Rand Paul can make a serious run at the presidency from inside the GOP.

[. . .]

Gary Johnson is the one I see galvanizing the liberty contingent and make real inroads in the political system for the Libertarian Party. He managed to garner 1% of the popular vote in 2012 despite really only gaining traction in September and October. Gary has an excellent resume. He is a very successful businessman who won successive terms as governor of New Mexico, a decidedly Democrat heavy state, as a Republican. One of the more popular numbers that Johnson advocates like to point out is that he took a $500 million deficit in New Mexico and made it a billion dollar surplus by the time he left office. Unlike Paul and Amash, Johnson left the Republican Party and has committed to the Libertarian Party for the future. Johnson does not come without his detractors, however. Most notably, hardcore Republicans do not like the fact that he is pro-choice and for repeal of DOMA. However, as Johnson puts it, “I’m more liberal than Obama and more conservative than” Republicans. With his apparent commitment to running in 2016, it seems Gary Johnson plans to take the liberty movement and use it to turn the establishment upside down. Here’s to hoping he can do just that!

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