Quotulatiousness

April 13, 2013

This from the country that invented hypersentimentality?

Filed under: Britain, USA — Tags: , , — Nicholas @ 09:12

BBC America has what they call a list of 10 things about America that Brits will never understand. A few of them seem likely to be true, but this one is just not right:

6. Compulsive sentimentality
Gushing public displays are usually meant well but give Brits the creeps. For instance, my husband and I recently checked out of a B&B after a two-night stay. Instead of bidding us farewell with a firm handshake and a receipt, the owner — a man in his 50s — latched on to me, then my man, for a prolonged hug. Just when we thought it was over, he announced, “I’ll miss you guys!” No, actually. You won’t.

I can refute the notion that Americans are more embarrassingly sentimental with two words: Princess Diana. Did any country ever show more ridiculous sentimentality than Britain in their “grief” over a former royal person? The old notion of British reserve may still be true in some parts of the country, but most Brits these days seem to take extreme joy in wallowing in sentimentality.

March 4, 2013

Florida student punished for taking part in incident with a firearm

Filed under: Bureaucracy, Education, Law, USA — Tags: , , , , — Nicholas @ 10:20

His participation in the incident was to wrestle the loaded revolver out of the hands of the football player who was threatening to shoot another player:

A 16-year-old Cypress Lake High School student, who wrestled a loaded revolver away from a teen threatening to shoot, is being punished.

The student grappled the gun away from the 15-year-old suspect on the bus ride home Tuesday after witnesses say he aimed the weapon point blank at another student and threatened to shoot him.

The student, who Fox 4 has agreed not to identify and distort his voice because he fears for his safety, says there’s “no doubt” he saved a life by disarming the gunman. And for that he was suspended for three days.

[. . .]

The teen we spoke to and authorities both confirm the Revolver was loaded. According to the arrest report the suspect, who Fox 4 is not naming because he is a minor, was “pointing the gun directly” at another student and “threatening to shoot him.”

That’s when the student we spoke with says he and others tackled the teen and wrestled away the gun. The next day the school slapped him with a three day suspension.

“It’s dumb,” he said. “How they going to suspend me for doing the right thing?”

According to the referral, he was suspended for being part of an “incident” where a weapon was present and given an “emergency suspension.”

“If they wouldn’t’ve did what they had to do on that bus,” the teen’s mother said, “I think there would have been a lot of fatalities.”

H/T to Charles Oliver for the link.

February 28, 2013

The headline really does say it all

Filed under: Cancon, Law — Tags: , , — Nicholas @ 09:51

Jon, my former virtual landlord, sent me a link to this article in the Toronto Star. I’m just gobsmacked:

Black police officer faces charges for not investigating racial taunts against himself
A black York Regional Police officer faces misconduct charges for his handling of a farm party turned ugly, when he was allegedly subjected to repeated racial taunts and told, “I would love to see that guy hanging from a tree.”

A black York Region officer faces Police Act charges for not investigating racial taunts thrown at him when he was called to a bush party.

Const. Dameian Muirhead, 33, is charged with three counts of misconduct for his handling of a farm party turned ugly, where he was allegedly subjected to repeated racial slurs and told, “I would love to see that guy hanging from a tree.”

Muirhead, an eight-year veteran, was charged with insubordination and discreditable conduct over the way he allegedly investigated the party on the Victoria Day long weekend in May 2011. A partygoer lodged the complaint, saying he was rudely treated — but Muirhead also faces a neglect of duty charge for failing to properly investigate the racial remarks.

A police disciplinary hearing which began Tuesday was told that Muirhead and other officers were sent to the party after a woman was seriously injured when run over by an off-road vehicle.

February 24, 2013

Sherlock Holmes and the case of public domain

Filed under: Books, Law, Media, USA — Tags: , , , , — Nicholas @ 10:36

Following up on an earlier post (“The case of the over-extended copyright“), The Economist explains why there is still legal wrangling going on over the copyright claims on Sherlock Holmes:

The situation is muddled by differing copyright regimes in America and elsewhere. No one disputes that the copyright has expired on Conan Doyle’s work anywhere where protection ceases 70 years after an author’s death (he died in 1930). Yet when America reformed its copyright rules in 1978 to introduce a “life plus” model in harmony with the rest of the world for works created starting in 1978, it retained its older term-limited system for property created between 1923 and 1977. Works produced within that range have had their expiration extended to a fixed 95-year term from first publication; anything produced earlier is in the public domain. This umbrella of protection covers ten Holmes stories published in America for the first time as part of The Case-Book of Sherlock Holmes in 1927. These stories are still under copyright until January 1st 2023.

[. . .]

The estate also asserts some trademark rights on the Holmes characters, but Mr Klinger confirms to your correspondent that this was not part of the license claim. Jennifer Jenkins, the director of Duke University’s Centre for the Study of the Public Domain, says trademark protection would be inapplicable, in any case. “Trademark law doesn’t fit what they’re claiming to own or what they’re trying to stop,” she says. Ms Jenkins also dismisses any copyright claim the estate might have to any pre-1923 elements of Holmes’s biography. “The problem is that Sherlock Holmes and Watson are quite clearly in the public domain.” The estate did not respond to a request for details about its intellectual property.

[. . .]

An expert in the duration of copyright terms in America, Peter Hirtle of Cornell University finds no basis for the Conan Doyle estate to claim general ownership over aspects of Holmes from stories that are in the public domain. “Let’s imagine that the fact that Holmes plays the violin was included for the first time in one of the copyrighted stories,” he says via e-mail, “then it can’t be included in any new story that draws on the public domain versions.” But if the “Company” stories rely entirely on public-domain elements, then the estate has no ground to stand on, he adds.

February 23, 2013

The DHS paperwork error that resulted in a boat being seized

Filed under: Bureaucracy, Cancon, Government, USA — Tags: , , , , — Nicholas @ 09:15

There are few things more frustrating to deal with than officious bureaucrats with a rule book (and a gun). Here’s an example of how “the rules” matter more than common sense or rationality:

DHS takes documents supplied by the builder and creates a government form that includes basic information about the boat, including the price.

The primary form, prepared by the government, had an error. The price was copied from the invoice, but DHS changed the currency from Canadian to U.S. dollars.

It has language at the bottom with serious sounding statements that the information is true and correct, and a signature block.

I pointed out the error and suggested that we simply change the currency from US $ to CAD $ so that is was correct. Or instead, amend the amount so that it was correct in U.S. dollars.

I thought this was important because I was signing it and swearing that the information, and specifically the price, was correct.

The DHS agent didn’t care about the error and told me to sign the form anyway. “It’s just paperwork, it doesn’t matter,” she said. I declined.

She called another agent and said simply “He won’t sign the form.” I asked to speak to that agent to give them a more complete picture of the situation. She wouldn’t allow that.

Then she seized the boat. As in, demanded that we get off the boat, demanded the keys and took physical control of it.

What struck me the most about the situation is how excited she got about seizing the boat. Like she was just itching for something like this to happen. This was a very happy day for her.

February 17, 2013

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 1, 2013

Nicely played, Samsung

Filed under: Business, Football, Humour, Media — Tags: , , , , — Nicholas @ 10:05

At Techdirt, Timothy Geigner tries to talk about something to do with football or advertising:

It’s almost that time of year again, when many of us lesser beings will gather together to watch super-human men on all manner of PEDs and deer antler urine sprays smack each other around while an oblong leather ball sits somewhere in the background. We’ll leap for the pizza and chili like salmon during mating season while, between whistles, obligatory commercials with Avatar-like production budgets glow at us. That’s right sports fans, it’s [editor redacted] time!

Wait, hey! What the hell? I said it’s [editor redacted] time! Oh, come on. I can’t say [editor redacted]? Fine, what about a euphemism, like [editor redacted]? No, can’t say that either? Maybe [editor redacted]? Damn it, this is stupid. I’m talking about something that rhymes with “Pooper Hole” (heh, got you, editor!).

Fortunately for our entertainment sensibilities, Samsung decided this year to combine a distaste for trademark stupidity and our concept of advertising being content in this gem of a spot.

January 30, 2013

There’s a big, unstated reason for illegal immigration in the United States

Filed under: Bureaucracy, Government, Law, USA — Tags: , — Nicholas @ 10:07

The illegal immigration problem won’t improve until the American government addresses the difficulties of legal immigration:

Reason, October 2008 - What Part of Legal Immigration Don't You Understand?!?!?

Reason, October 2008 – What Part of Legal Immigration Don’t You Understand?!?!?

Click the image to see the larger version.

January 29, 2013

Next year’s calendars will be for the year “2013+1” to avoid paying the IOC a licensing fee

Filed under: Bureaucracy, Law, Media, Sports — Tags: , , — Nicholas @ 00:01

Just when you think the depths of idiocy have been fully plumbed, there’s the International Olympic Committee to prove you wrong:

Via the IPKat we learn that the IOC has already locked down next year in preparation for the Winter Olympics. No, seriously. A trademark on the number “2014,” which non-coincidentally happens to be a (lesser) Olympic year, has been granted by the UK’s Intellectual Property Office.

    The IPKat’s attention has been drawn to Community Trade Mark E3307444. The mark in question consists of the number “2014”, which no-one would ever imagine to be the appellation by which next year might just be known. Applied for in 2003 and registered in 2005, this mark is owned by none other than the Comité International Olympique of Château de Vidy, Lausanne.

So, with the kind of efficiency you only find in the most brutal of trademark bullies, the IOC has trademarked a number many people were planning to use starting next January, nine years in advance. And the IOC isn’t leaving anything to chance. It has staked a claim on all 45 of the possible registration classes, including (but good god, certainly not limited to) chemicals, pharmaceuticals, metals/alloys, machines, tools, scientific equipment, surgical instruments, lighting, heating, vehicles, firearms, musical instruments, furniture, ropes, tarps, string, textiles, toys, coffee, fresh fruits and vegetables, beer, other alcoholic beverages, tobacco, insurance, conferences and seminars, design and development of computer programs, restaurant services, asbestos and security.

Anything and everything possibly covered by a registered trademark has been nailed down by the Committee, making it very possible that anyone using the number “2014” in the year 2014 might find themselves dealing with the IOC’s trademark cops.

January 27, 2013

In Britain, ignorance of the law is a valid excuse (under certain circumstances)

Filed under: Britain, Law, Religion — Tags: , , , , , — Nicholas @ 11:25

Words fail me:

The failure of an Islamic faith school in the UK to provide a pupil with any knowledge about sexual relations, other than to teach him that women were “no more worthy than a lollipop dropped on the ground”, led to the trial of an 18-year-old who was charged with raping a 13-year-old girl.

But, according to this report, instead of being jailed, the “naïve” Birmingham teenager, Adil Rashid, was handed a suspended sentence in Nottingham Crown Court by Judge Michael Stokes, who said:

    Although chronologically 18, it is quite clear from the reports that you are very naive and immature when it comes to sexual matters.

The judge added that because Rashid was “passive” and “lacking assertiveness”, sending him to jail might cause him “more damage than good”.

Rashid admitted having sex with the girl, saying he had been “tempted by her” after they met online.

After they had had sex, Rashid returned home and went straight to a mosque to pray. He was arrested the following week after the girl confessed what had happened to a school friend, who informed one of her teachers.

He told police he knew the girl was 13 but said he was initially reluctant to have sex before relenting after being seduced.

Earlier the court heard how Rashid had “little experience of women”due to his education at an Islamic school in the UK, which cannot be named for legal reasons.

After his arrest, he told a psychologist that he did not know having sex with a 13-year-old was against the law. The court heard he found it was illegal only when he was informed by a family member.

January 25, 2013

The wrong maple leaf forever: the new $20 bill controversy

Filed under: Cancon, Humour — Tags: , — Nicholas @ 10:00

Oh, hang your heads in shame, Canadians: you put the wrong maple leaf on your new $20 bill. The entire rest of the civilized world is laughing and pointing:

The mix-up began a hundred-some years ago when Canada, a small club founded by French misfit children, decided to create its own currency. These bills and coins would function much the same as Chuck E. Cheese tickets at a modern-day Chuck E. Cheese, in that it would be tradeable for goods (and services). It would be valid in all of Canada.

For many years, the system was a success. Canadians used their Canadian money with ease. Every once in a while a Canadian penny or dime would slip down into the United States but that was no big deal because all the coins look about the same and everyone could just leave them in tip jars, like “not my problem.”

Then, in 2011, Canada decided to redesign their banknotes.

“Paper is out and polymer is IN!” Canada exclaimed in an email newsletter that the rest of the world deleted without reading.

The new bills were made out of plastic. They had fancy updated pictures and a holographic whoozy-whatsits and a big clear window to make them harder to counterfeit.

They featured a big ol’ maple leaf.

But not a Canadian maple leaf.

A Norwegian one.

“Big deal,” you say. “Leaves are leaves; who cares?”

The problem is that maple leaves are Canada’s thing. Like how some nations’ thing is communism, or being the world economic leader, or producing generation after generation of beautiful supermodels. Canada’s thing is that there are leaves there.

And they fucked it up.

H/T to David Akin for the link.

January 20, 2013

Pennsylvania quashes latest terror threat

Filed under: Bureaucracy, Education, Liberty, USA — Tags: , , , — Nicholas @ 11:59

This story is not taken from the pages of The Onion:

The incident occurred Jan. 10 while the girl was waiting in line for a school bus, said Robin Ficker, the Maryland lawyer retained by the girl’s family. He would not identify the girl or her parents, but gave this version of events:

Talking with a friend, the girl said something to the effect “I’m going to shoot you and I will shoot myself” in reference to the device that shoots out bubbles. The girl did not have the bubble gun with her and has never shot a real gun in her life, Ficker said.

Elementary school officials learned of the conversation and questioned the girls the next day, Fickler said. He said the girl did not have a parent present during the 30 minutes of questioning.

The result, he said, was that the student was labeled a “terrorist threat” and suspended for 10 days, Ficker said. The school also required her to be evaluated by a psychologist, Ficker said.

This designated terrorist is five.

H/T to Dan Mitchell for the link.

We also need to protect our kids from being exposed to bureaucrats who are jaw-droppingly stupid.

Actually, WordPress is telling me that “droppingly” isn’t a word. So maybe instead we should take Instapundit’s advice and reward these idiot officials with some tar and feathers.

And I hope the tattle-tale punk from the bus stop who ratted out the little girls is condemned to some sort of grade-school purgatory featuring never-ending wedgies.

On a more serious note, I hope the parents sue the you-know-what out of the school.

January 17, 2013

Borrowing from theoretical physics, we now have “Quantum Copyright”

Filed under: Books, Law, Media, USA — Tags: , , , — Nicholas @ 09:22

At Techdirt, Tim Cushing explores the legal phase changes that introduce heretofore unknown states of copyright:

Eric Hellman tackles the ambiguous nature of copyright infringement, especially as it pertains to the “region-free” aspects of the internet, in a post amusingly titled, “Heisenberg’s Uncertain Copyright.” (via The Digital Reader)

Hellman turns his attention to F. Scott Fitzgerald’s The Great Gatsby, and using his skills in the area of “Quantum Copyright” (a term he threw into his LinkedIn profile for a bit of fun), determines that the question of whether or not copyright infringement has occurred might depend on where the copying occurred, something that is even harder to define when the copying takes place via the internet.

[. . .]

While Hellman exaggerates the repercussions of making a hypothetical copy (the highest statutory claims would apply only to willful infringement [which this could be, especially when infringing in order to prove a hypothesis] and the jail time only applies to criminal infringement — which this almost certainly would not be), the fact remains that one deterrent of infringement is the underlying threat of legal action (whether civil or criminal). No doubt F. Scott Fitzgerald’s estate is in no hurry to give up the American rights (and the attendant enforcement of those rights), seeing as The Great Gatsby earned its author all of $8,400 during his lifetime — but generates $500,000 per year for his daughter. This secondhand largesse enjoyed by many heirs is one of the motivators behind the ever-extending copyright lengths here in this country.

[. . .]

Certainly, copyright-centered entities like the MPAA would prefer to simply have our copyright laws exported to other countries with less stringent laws, especially any sections that extend the length of copyright protection and weaken fair use/fair dealing exceptions. Getting other nations to sync up with our copyright lengths would certainly eliminate these hypothetical discussions, along with many items in the public domain. Many aspects of current copyright laws were written years ago, long before the internet made “country of origin” a meaningless term and reproductions as simple as a right-click on a mouse. What it usually boils down to, after all the discussion, is this:

    You could also be a cynic and say the only thing that matters is where the judge is sitting.

Much like fair use is often determined by a courtroom appearance, the “quantum” aspects of copyright are largely theoretical — right up to the point that someone finds themselves at the other end of an infringement lawsuit.

January 16, 2013

When Kafka met Sandy

Filed under: Bureaucracy, Government, USA — Tags: , , , , , — Nicholas @ 09:53

In the Wall Street Journal, Roger Kimball talks about the experience of trying to put your life back together after a major storm damages your home:

Like many people whose houses were badly damaged by Hurricane Sandy, my family and I have been living in a rented house since the storm. Unlike some whose houses were totalled, we could have repaired things and been home toasting our tootsies by our own fireplace by now. What happened?

Two things: zoning (as in “Twilight Zone”) and FEMA.

Our first exposure to the town zoning authorities came a couple of weeks after Sandy. We’d met with insurance adjusters, contractors and “remediation experts.” We’d had about a foot of Long Island Sound sloshing around the ground floor of our house in Connecticut, and everyone had the same advice: Rip up the floors and subfloors, and tear out anything — wiring, plumbing, insulation, drywall, kitchen cabinets, bookcases — touched by salt water. All of it had to go, and pronto, too, lest mold set in.

Yet it wasn’t until the workmen we hired had ripped apart most of the first floor that the phrase “building permit” first wafted past us. Turns out we needed one. “What, to repair our own house we need a building permit?”

Of course.

Before you could get a building permit, however, you had to be approved by the Zoning Authority. And Zoning — citing FEMA regulations — would force you to bring the house “up to code,” which in many cases meant elevating the house by several feet. Now, elevating your house is very expensive and time consuming — not because of the actual raising, which takes just a day or two, but because of the required permits.

Kafka would have liked the zoning folks. There also is a limit on how high in the sky your house can be. That calculation seems to be a state secret, but it can easily happen that raising your house violates the height requirement. Which means that you can’t raise the house that you must raise if you want to repair it. Got that?

“A paradox, a paradox, a most ingenious paradox. Ha, ha, ha, ha, ha, ha, ha, ha, this paradox.”

H/T to Monty for the link. Monty also has this meditation on bureaucracy:

This is where Leviathan does the most damage, I think. Tyranny is always a danger in centralized governments, but a greater danger is the proliferation and growth of bureaucracies. The rules become ever more Byzantine, ever more contradictory, ever more pointless, and ever more expensive (both to implement and comply with). The bureaucracies themselves achieve a life outside the body politic: they persist, age after age, irrespective of their political origin. Their sole imperative (regardless of their ostensible purpose) is to perpetuate themselves. They are an amoeba, growing to engulf everything they touch — not because they are evil, necessarily, but simply because it’s in their nature to do so. They cannot help themselves. Bureaucracies — lethargic, slow, risk-averse, rules-bound, pedantic, expensive, often causing more harm than good — are perhaps the very worst creation of human society.

January 9, 2013

Why stop at a mere trillion dollars?

Filed under: Economics, Government, USA — Tags: , , , , , — Nicholas @ 08:59

Zero Hedge on the trillion dollar platinum coin nonsense:

A year ago, out of nowhere, the grotesque suggestion to “resolve” the US debt ceiling with a platinum dollar coin came, and like a bad dream, mercifully disappeared even as the debt ceiling negotiations dragged until the last minute, without this idea being remotely considered for implementation, for one simple reason: it is sheer political, monetary and financial lunacy. And yet there are those, supposedly intelligent people, who one year later, continue dragging this ridiculous farce, as a cheap parlor trick which is nothing but a transparent attempt for media trolling and exposure, which only distracts from America’s unsustainable spending problem and does nothing to address the real crisis the US welfare state finds itself in. And while numerous respected people have taken the time to explain the stupidity of the trillion dollar coin, few have done so as an integral part of the statist mainstream for one simple reason — it might provide a loophole opportunity, however tiny, to perpetuate the broken American model even for a day or two, if “everyone is in on it.” Luckily, that is no longer the case and as even Ethan Harris from Bank of America (a firm that would be significantly impaired if America was forced to suddenly live within its means), the whole idea is nothing more than “the latest bad idea” straight “from the land of fiscal make believe.” We can only hope that this finally puts this whole farce to bed.

[. . .]

Taking these sorts of actions would almost certainly worsen, not ease, the coming battles over the spending — a second reason to be skeptical of the idea of the trillion dollar coin. As we have noted before, the debt ceiling is just one of three brinkmanship moments looming in the next few months. The across-the-board spending cuts that constitute the sequester have only been delayed for two months, and absent new legislation, will start in March. Even more troubling, on March 27 the latest continuing resolution ends and, absent new legislation, all nonessential government programs would have to shut down for lack of funding.

Third, throwing the trillion dollar coin into this mix would not only intensify these two other fights, it would likely poison the well even further in future budget negotiations. With split government, fiscal policy making requires bipartisan agreement. The cliff compromise earned support from both parties, marking a welcome — if brief — respite from partisan politics. The last thing Washington needs is a further escalation in gamesmanship.

Finally, there is a slippery slope from avoiding the debt limit to outright debt monetization. Although proponents see it as a technical fix to a problem that, in their view, never should occur, it means the Treasury would have established a precedent to thwart Congressional limitations on spending and the debt ceiling.

Outside of the legal questions, nothing precludes the Treasury from issuing a coin to pay down the full $16.4 trillion in debt in one fell swoop: true monetization. A trillion dollar coin also would subvert the whole budget process, undermining already fragile public confidence and spooking financial markets. And based on the criteria put forth by the rating agencies, it would represent a stunning failure to devise credible political processes to resolve the longer-term budget issues for the US. A downgrade would very likely follow, in our view.

« Newer PostsOlder Posts »

Powered by WordPress