Quotulatiousness

February 26, 2013

Defence industry lobbyists versus actual USAF needs

Filed under: Business, Government, Military, Technology, USA — Tags: , , , — Nicholas @ 10:35

Strategy Page talks about the ongoing drama of the Global Hawk UAV and the US Air Force’s attempt to get rid of the weapon:

The U.S. Air Force recently disbanded a Global Hawk UAV squadron. The reserve unit contained 200 personnel and operated an aircraft the air force is getting rid of. This is in spite of political opposition to the move (helped along by the manufacturers many lobbyists).

This all began last year when the U.S. Air Force cancelled all orders for the Block 30 Global Hawk because of reliability issues. This renewed Department of Defense threats to cancel the Global Hawk program entirely. In response Northrop Grumman (the RQ-4 manufacturer) lobbyists made sure that key members of Congress knew where Global Hawk components were being built and how many jobs that added up to. Elected politicians pay attention to that. This move delayed the RQ-4 Block 30 until there was enough political support to convince Congress to order the air force to accept the Block 30 RQ-4s and shut up.

The air force can take some comfort in the fact that Northrop Grumman fixed some of the problems (some of which the manufacturer said don’t exist or didn’t matter). The Block 30 was supposed to be good to go but the air force was not convinced and decided that Block 30 was just more broken promises. Congress was also tired of all the feuding and being caught between Northrup lobbyists and exasperated air force generals. The lobbyists, as is usually the case, eventually won. But the air force is not required to pay for operating the Global Hawks, thus the disbanding of the Global Hawk unit.

February 23, 2013

“The sequester’s ‘meat-cleaver approach’ of ‘severe,’ ‘arbitrary’ and ‘brutal’ cuts will ‘eviscerate’ education, energy and medical research spending”

Filed under: Bureaucracy, Economics, Government, USA — Tags: , , , , , — Nicholas @ 10:19

Head for the hills! The sequester is coming!

As in: Batten down the hatches — the sequester will cut $85 billion from this year’s $3.6 trillion budget! Or: Head for the storm cellar — spending will be cut 2.3 percent! Or: Washington chain-saw massacre — we must scrape by on 97.7 percent of current spending! Or: Chaos is coming because the sequester will cut a sum $25 billion larger than was just shoveled out the door (supposedly, but not actually) for victims of Hurricane Sandy! Or: Heaven forfend, the sequester will cut 47 percent as much as was spent on the AIG bailout! Or: Famine, pestilence and locusts will come when the sequester causes federal spending over 10 years to plummet from $46 trillion all the way down to $44.8 trillion! Or: Grass will grow in the streets of America’s cities if the domestic agencies whose budgets have increased 17 percent under President Obama must endure a 5 percent cut!

The sequester has forced liberals to clarify their conviction that whatever the government’s size is at any moment, it is the bare minimum necessary to forestall intolerable suffering. At his unintentionally hilarious hysteria session Tuesday, Obama said: The sequester’s “meat-cleaver approach” of “severe,” “arbitrary” and “brutal” cuts will “eviscerate” education, energy and medical research spending. “And already, the threat of these cuts has forced the Navy to delay an aircraft carrier that was supposed to deploy to the Persian Gulf.”

“Forced”? The Navy did indeed cite the sequester when delaying deployment of the USS Truman. In the high-stakes pressure campaign against Iran’s nuclear weapons program, U.S. policy has been to have two carriers in nearby waters. Yet the Navy is saying it cannot find cuts to programs or deployments less essential than the Truman deployment. The Navy’s participation in the political campaign to pressure Congress into unraveling the sequester is crude, obvious and shameful, and it should earn the Navy’s budget especially skeptical scrutiny by Congress.

The Defense Department’s civilian employment has grown 17 percent since 2002. In 2012, defense spending on civilian personnel was 21 percent higher than in 2002. And the Truman must stay in Norfolk? This is, strictly speaking, unbelievable.

February 20, 2013

Publicly funded research results should be available to the people who paid for them

Filed under: Books, Government, Media, Science, USA — Tags: , , , — Nicholas @ 09:52

At Techdirt, Mike Masnick explains why publishers are losing their collective shit over a new bill that would require almost all government-funded research to be made generally available:

A year ago, we wrote about Rep. Mike Doyle introducing an important bill to provide public access to publicly funded research. As we’ve been discussing for years, the academic journal business is a huge boondoggle. Unlike just about any other publication, the journals don’t pay their writers (and in many subject areas, authors need to pay to submit), they don’t pay the peer reviewers — and then they charge positively insane amounts to university libraries, often knowing that those libraries feel obligated to pay. Oh yeah, and the journals keep the copyright on everything. I’ve heard of researchers having to redo basic experiments because they were worried they couldn’t even reuse data from earlier experiments due to the copyright assignment agreement they had to sign.

Thankfully, for years, there’s been a law on the books for any NIH-funded research to guarantee that 12-months after publication, those works also had to be published openly. While some publishers have tried to game this system (such as by demanding a mandatory fee to “deposit” the work in an open access database), on the whole this has been hugely important in making sure that taxpayer funded research is actually available and can be built upon. Over the years, there have been multiple bills introduced in both directions on this issue. There have been some bills that sought to take away this requirement under NIH funding and there have been bills that have tried to expand it to the rest of the federal government and any of the research they sponsor.

[. . .]

But, of course, the publishers are really not happy about all of this, calling it “different name, same boondoggle.” This is quite incredible, really, since it’s really the publishers who have been getting away with a giant boondoggle for ages. If that gives you an idea about just how ridiculous the publishers’ claims are, read on. Nearly every claim they make in attacking the bill actually applies to the publishers themselves much more than to the bill [. . .]

Basically, the publishers know that their current position with these journals is such a sweet deal that they don’t want anything to mess with it at all. That’s ridiculous. While they’re fighting for ever bigger profits, we’re talking about access to research that was funded with our own dollars. It’s really sad that the publishers would fight such a thing, though it shows what they really think concerning education. To them, it’s not about how best to disseminate information, but how to lock it up and charge insanely high prices for it.

February 16, 2013

Contrasting the State of the Union Address to the Speech from the Throne

Filed under: Australia, Britain, Cancon, Government, USA — Tags: , , , — Nicholas @ 11:40

Mark Steyn looks at how the republican method compares to the constitutional monarchy’s method:

“I’m also issuing a new goal for America,” declared President Obama at his State of the Union on Tuesday. We’ll come to the particular “goal” he “issued” momentarily, but before we do, consider that formulation: Did you know the president of the United States is now in the business of “issuing goals” for his subjects to live up to?

Strange how the monarchical urge persists even in a republic two-and-a-third centuries old. Many commentators have pointed out that the modern State of the Union is in fairly obvious mimicry of the Speech from the Throne that precedes a new legislative session in British Commonwealth countries and continental monarchies, but this is to miss the key difference. When the Queen or her viceroy reads a Throne Speech in Westminster, Ottawa, or Canberra, it’s usually the work of a government with a Parliamentary majority: In other words, the stuff she’s announcing is actually going to happen. That’s why, lest any enthusiasm for this or that legislative proposal be detected, the apolitical monarch overcompensates by reading everything in as flat and unexpressive a monotone as possible. Underneath the ancient rituals — the Gentleman Usher of the Black Rod getting the door of the House of Commons slammed in his face three times — it’s actually a very workmanlike affair.

The State of the Union is the opposite. The president gives a performance, extremely animatedly, head swiveling from left-side prompter to right-side prompter, continually urging action now: “Let’s start right away. We can get this done … We can fix this … Now is the time to do it. Now is the time to get it done.” And at the end of the speech, nothing gets done, and nothing gets fixed, and, after a few days’ shadowboxing between admirers and detractors willing to pretend it’s some sort of serious legislative agenda, every single word of it is forgotten until the next one.

January 20, 2013

Corporate welfare — it’s the American way

Filed under: Business, Government, USA — Tags: , , , , — Nicholas @ 12:08

Sheldon Richman on the amazingly inefficient US tax code and some of the ways it got that way:

When Congress and President Obama came up with their beyond-the-last-minute deal to put off addressing the coming fiscal crisis, The Wall Street Journal turned the spotlight on a little-noticed, yet too typical aspect of Washington’s machinations: “The bill’s seedier underside is the $40 billion or so in tax payoffs to every crony capitalist and special pleader with a lobbyist worth his million-dollar salary. Congress and the White House want everyone to ignore this corporate-welfare blowout,” the Journal reported.

So a bill that was represented as the first steps toward fiscal responsibility (try not to laugh too hard) contained billions of dollars in corporate welfare. And it was a bipartisan affair.

[. . .]

Manipulating the tax code to benefit particular interests has obvious appeal for politicians — it’s a source of power and influence — and a code that did not permit such manipulation would be much less attractive to them. Outright cash subsidies from the taxpayers, while not unheard of, smacks too much of cronyism and is more likely to alienate taxpayers. But complicated exceptions written into the tax laws can be presented as creative governance on behalf of the public interest. But it is cronyism as offensive as outright subsidies.

[. . .]

Corporate welfare is not primarily about lowering taxes. That would be a worthwhile goal, of course, and could be achieved simply by slashing tax rates and simplifying the code. But when taxes are lowered selectively by writing complicated exceptions into the law, the goal is to bestow privileges on cronies, not to reduce the burden of government on all. Corporate welfare, among its many sins, violates equal protection under the law.

January 15, 2013

“Spending cuts” in Washington are not like actual reductions in spending

Filed under: Economics, Government, USA — Tags: , , , , — Nicholas @ 00:02

A. Barton Hinkle clues us in on how to save big in our budget plans:

Would you like to save $20,000 this year? Of course you would. Here’s how: Plan a month-long vacation to Disneyland, and budget $20,000 for the trip. Then don’t go. Presto! You just “cut” your family budget by 20 grand.

This sounds absurd — because it is. Yet that is precisely how Washington operates.

A couple of weeks ago, President Obama claimed on national TV that “I cut spending by over a trillion dollars in 2011.” But as many people quickly pointed out, in fiscal 2011 federal spending rose from $3.4 trillion to $3.6 trillion. Nevertheless, the President repeated the claim on Jan. 2, insisting that “last year we started reducing the deficit through $1 trillion in spending cuts.”

What he meant was that in 2011 he agreed to “cut” spending in future years, in much the same way canceling a future vacation “cuts” your own budget. It is a fiction necessary to sustain the president’s pose that he wants a “balanced approach” to deficit reduction.

That is also nonsense. Take the midnight deal to avert the fiscal cliff, which the White House says will reduce the deficit $737 billion. Of that amount, $620 billion comes from raising taxes. Some balance.

January 13, 2013

Calling it a “debt ceiling” is misleading: it’s actually a “debt sky”

Filed under: Economics, Government, USA — Tags: , , , — Nicholas @ 12:40

In Reason, Sheldon Richman explains the absurdity of allowing governments to go this deeply into debt:

The last time the debt-ceiling controversy arose, it occurred to me that if the raising the “ceiling” is a mere formality — if in fact the sky’s the limit to government borrowing — it’s no ceiling at all. Hence, I dubbed this charade the “debt sky.”

Those who favor automatic increases in the “limit” — or no limit at all — give the game away when they argue that the borrowing authority must be increased because the full faith and credit of the United States is on the line. After all, they say, the money is needed to pay bills already incurred, not for new spending. Obama makes this claim routinely, as though the case for raising the limit is open and shut.

Who knows if that is true? But if it is, think about what it means. Congress has been incurring bills the payment of which depends on a future increase in the debt limit that theoretically could be rejected. It’s bad enough that Congress can incur financial obligations under the statutory authority to borrow; it’s intolerable that Congress can incur financial obligations based on a possible but not certain future expansion of its authority to borrow. This is truly government run amok.

You and I can’t force banks to raise our credit-card limits merely because we have bills to pay. Why should Congress be able to do the equivalent? The road to fiscal responsibility would begin with an end to this practice. Better yet, no more raising of the debt limit — cut spending and live within the current limit. And even better: No more borrowing. Government borrowing is a source of many evils, not least of which is that for decades it made big government appear cheaper than it is. Could the federal government spend nearly $4 trillion a year if it had to raise every penny through taxation? Unlikely. A tax revolt would have been ignited. But let the government borrow a trillion dollars a year, more than 40 cents of every dollar spent, and government looks relatively inexpensive — or it did before things got so out of hand that everyone could see the looming danger.

January 7, 2013

Discounting for total political dysfunction

Filed under: Business, Economics, Government, USA — Tags: , , , , , — Nicholas @ 10:30

The Economist reports on last week’s “deal” in Congress and why the markets are still able to function in spite of the almost unprecedented level of political uncertainty:

Markets now live in the policy equivalent of Beirut in 1982. They have adjusted to perpetual political dysfunction. Over the last eight weeks, as the fiscal cliff talks stumbled, revived, collapsed, then came to life again, market movements were surprisingly narrow, and much of them could be explained by tax considerations as investors prepared for higher capital gains and dividend rates. The sang froid perplexed many of us who follow the policy process for a living and knew how high the stakes were. But perhaps we were too close to it. You can steep yourself in the intricacies of political coalitions, the electoral calendar, the makeup of the executive, senate and house, the interaction of permanent and temporary fiscal policy and such arcana as reconciliation, filibusters and blue slips, and yet still not know how to model the outcome. The fiscal cliff perfectly illustrated this: the people closest to the process didn’t know any better how it would end than those reading the newspapers, or not reading the newspapers, for that matter. There were just too many moving parts.

Richard Bookstaber once attributed the evolutionary success of the cockroach to coarse decision rules: it ignores most of the information around it and responds only to simple signals. Investors do something similar when confronted with hopeless complexity. They boil it down to a binary question: disaster/no disaster. Then they ignore all the idiosyncratic inputs and ask: what does experience suggest the probability of disaster is? Four times in the last two years, politicians went up to some do-or-die deadline without going over: in December, 2010, when the Bush tax cuts first came up for expiration; in April, 2011, when the federal government nearly shut down for lack of discretionary spending authority; the following August, when Treasury was days away from hitting the hard debt ceiling; and December, 2011, when the payroll tax cut first came up for expiration. In each case, one side, or both blinked; tax rates never went up, the government never shut down, and Treasury did not stop paying bills, much less default. It was, arguably, a better record than in 1995-96 when the federal government shut down twice and Bill Clinton threatened to suspend social security payments if Newt Gingrich’s Republicans didn’t raise the debt ceiling. Ignore the specifics of the latest episodes, and the logical conclusion is that despite their differences, both sides have powerful incentives to avoid disaster, so they will.

And who are the policy experts to say otherwise? For all the twists and turns, the cliff negotiations ended up where the median market participant a few months ago assumed they would: with a short-term fix and the remainder stuffed in a can and kicked down the road.

What’s that odd whistling sound coming from Wall Street?

January 4, 2013

On politicians needing to kick their own asses

Filed under: Government, Media, Politics, USA — Tags: , , , , — Nicholas @ 11:58

Nick Gillespie responds to a recent Bob Woodward column:

In sort-of documenting the dysfunction of a government that can’t even trim chump change from its petty cash drawer, much less write and pass a goddamned budget, Woodward manages to also illustrate why press solons are pretty useless in this whole process too. Sequestration cuts aren’t odious, except to congenital pants-wetters on both sides of the aisle (such as the neo-con defense hawks at the American Enterprise Institute and Leon Panetta, who can’t abide a single dollar ever being cut from any military budget, even after the Second Coming of Christ and the beating of swords into non-voting GM shares). We’ve been racking up trillion-dollar annual deficits for years now, and the idea of cutting $3 trillion from future deficits over a 10-year period causes things to explode? That shouldn’t be a reach under any circumstances, but especially under one in which both parties agree that we need to stop spending money we don’t have on things we don’t need. If the leadership of both parties couldn’t agree to $3 trillion in deficit trims over a decade in which they expect to spend between $40 trillion and $47 trillion, they weren’t going to agree to cuts of $1.2 trillion anyway. That’s the the real story, and it’s one that need to be retold every single day.

Woodward’s invocation of today’s “vulture politics” and his by-comparison invocation of the good old Reagan days is ridiculously ahistorical, especially coming from one of the guys who presided over the past 40-plus years of American history. Today’s political situation isn’t unique in its “demonization” of the opposition. Jesus Christ, George McGovern likened Nixon to Hitler and Reagan was attacked in similar terms. As was Clinton (by Jerry Falwell, who credited the Man from Hope with multiple murders in Arkansas). And then there was also the Bushitler stuff and novels and faux-documentaries about Dubya’s assassination. Somehow, both sides somehow managed to pass budgets (as awful as they were). The fact that Boehner takes a lot of man-tan heat and Obama is called a socialist is light fare by comparison. What is different is the inability of our top men to freaking complete the most basic tasks required of them: to hash out what they government is going to spend each year according to basic and simple-to-understand legislative rule.

In the end, that is not something mystical or overly complicated or tough because they belong to different parties. It’s the easiest thing in the world to get done and while of course “staffers” will do most of the grunt work, Boehner and Obama — and Harry Reid, the hugely incompetent Senate leader who is arguably the single-most responsible villain in the whole dramedy, need to be running the show.

And when it comes to kicking their own asses, our triumvirate of leaders — Obama, Boehner, and Reid — should get in line behind the rest of us. In the end, we pay their tab, so we should be at the front of the line.

January 2, 2013

The corporate welfare pork in the fiscal cliff negotiations

Filed under: Business, Government, USA — Tags: , , , , — Nicholas @ 09:57

As widely expected, Congress did finally put something to a vote to “save” the country from going over the fiscal cliff. And as everyone should have expected, even a bill to “save” the country was still amply provided with pork for certain corporations:

Throughout the months of November and December, a steady stream of corporate CEOs flowed in and out of the White House to discuss the impending fiscal cliff. Many of them, such as Lloyd Blankfein of Goldman Sachs, would then publicly come out and talk about how modest increases of tax rates on the wealthy were reasonable in order to deal with the deficit problem. What wasn’t mentioned is what these leaders wanted, which is what’s known as “tax extenders”, or roughly $205B of tax breaks for corporations. With such a banal name, and boring and difficult to read line items in the bill, few political operatives have bothered to pay attention to this part of the bill. But it is critical to understanding what is going on.

The negotiations over the fiscal cliff involve more than the Democrats, Republicans, the middle class and the wealthy. The corporate sector is here in force as well. One of the core shifts in the Reagan era was the convergence of wealthy individuals who wanted to pay less in taxes — many from the growing South — with corporations that wanted tax breaks. Previously, these groups fought over the pie, because the idea of endless deficits did not make sense. Once Reagan figured out how to finance yawning deficits, the GOP was able to wield the corporate sector and the new sun state wealthy into one force, epitomized today by Grover Norquist. What Obama is (sort of) trying to do is split this coalition, and the extenders are the carrot he’s dangling in front of the corporate sector to do it.

Most tax credits drop straight to the bottom line — it’s why companies like Enron considered its tax compliance section a “profit center”. A few hundred billion dollars of tax expenditures is a major carrot to offer. Surely, a modest hike in income taxes for people who make more than $400k in income and stupid enough not to take that money in capital gain would be worth trading off for the few hundred billion dollars in corporate pork. This is what the fiscal cliff is about — who gets the money. And by leaving out the corporate sector, nearly anyone who talks about this debate is leaving out a key negotiating partner.

December 30, 2012

“We Have Passed The Point Of No Return”

Filed under: Economics, Government, Politics, USA — Tags: , , , , , , — Nicholas @ 11:22

Zero Hedge recommends that everyone listen to outgoing Congressman Ron Paul’s analysis of the fiscal cliff negotiations:

In a little under three minutes, Ron Paul explains to a somewhat nonplussed CNBC anchor just how ridiculous the charade that is occurring in D.C. actually is. This succinct spin-free clip should be required viewing for each and every asset-manager, talking-head, propagandist, and mom-and-pop who are viewing the last-minute idiocy of the ‘fiscal cliff’ debacle with some hope that things will be different this time. “We have passed the point of no return where we can actually get our house back in order,” Paul begins, adding that “they pretend they are fighting up there, but they really aren’t. They are arguing over power, spin, who looks good, who looks bad; all trying to preserve the system where they can spend what they want, take care of their friends and print money when they need it.” With social safety nets available to rich and poor, there is no impetus for change and “the country loses,” but Paul concludes, the markets are starting to say “there is a limit to this.”

December 20, 2012

Borking, in retrospect

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

Walter Olson on the historically nasty confirmation battle that kept Robert Bork off the US Supreme Court:

Of course the confirmation critique that makes it into every Bork obituary isn’t Heflin’s or Johnston’s. It’s Ted Kennedy’s blowhard caricature, intended for northern liberal consumption, of “Robert Bork’s America” as “a land in which women would be forced into back alley abortions, blacks would sit at segregated lunch counters, rogue police could break down citizens’ doors in midnight raids, school children could not be taught about evolution,” and so on.

Never in memory had a judicial nomination been fought in such language. Why?

As a constitutional law scholar, Bork had distinguished himself even among conservatives for his scathing critique of the Warren Court, which he accused essentially of having made up constitutional law as it went along.

To organized liberal groups, on whose behalf Kennedy was acting, this was the next thing to a declaration of war. Yet they couldn’t exactly come out and defend making up constitutional law as you went along as their own vision for the high court.

Instead, they served up a steady diet of vitriol and wild oversimplification, especially in TV ads and other messages delivered outside the confirmation hearings.

The Washington Post itself opposed Bork’s confirmation, yet nonetheless editorialized against the “intellectual vulgarization and personal savagery” to which some of his opponents had descended, “profoundly distorting the record and the nature of the man.”

December 18, 2012

The real reason it’s so hard to cut military spending

Filed under: Bureaucracy, Government, Military, USA — Tags: , , , — Nicholas @ 11:00

From the January issue of Reason, Veronique de Rugy explains how the system is set up to protect military spending from even the most determined spending cuts:

The Department of Defense, with its 2.3 million workers, is the single largest employer in the United States. The defense industry, which is the main private-sector recipient of defense dollars, directly or indirectly employs another 3 million people. This, in a nutshell, is why it’s so hard to cut government spending in general and military spending in particular.

The scope and reach of the government are far bigger than we think, explains John J. Dilulio of the National Academy of Public Administration in the Spring 2012 issue of National Affairs. It’s more than just the money Washington spends or the people it employs. It’s also the people in the private sector who live off that spending. It’s the nonprofit organizations paid to help administer government programs. It’s the contractors who run the programs, the contractors’ sub-contractors, and so on.

[. . .]

Even when military contractors’ profits have reached an all-time high, Congress seems committed to sheltering the companies from any budget cuts. Industry lobbying probably plays a role here. According to the Center for Responsive Politics, the U.S. defense and aerospace lobby doled out $24 million to political campaigns and committees during the 2008 campaign cycle and spent nearly $60 million on lobbying in 2011. Lockheed Martin alone spent $15 million in 2011 on its lobbying efforts, plus $2 million in political contributions. Boeing spent $16 million on lobbying the same year.

In his seminal 1971 article “The Theory of Economic Regulation,” the Nobel-winning economist George Stigler noted that agencies eventually become captive of the very interest groups they were ostensibly designed to police. Writing regulation or even spending legislation requires in-depth industry knowledge, so federal agencies and lawmakers tend to hire directly from the very companies they must oversee or spend money on.

The reverse is true too. In order to gain better access to their regulators and government funds, companies hire lobbyists who used to work for Congress or government agencies. Of the 408 lobbyists employed by the military industry to apply pressure on Congress, 70 percent used to work on Capitol Hill.

December 2, 2012

Define or be defined: fiscal edition

Filed under: Government, History, Politics, USA — Tags: , , , — Nicholas @ 10:54

Ron Hart talks about the distant past where congress passed budgets and those budgets were actually in surplus:

Most Americans expect politicians to work out a back-room deal to avoid embarrassing themselves again. The politicians feel these deals are too ugly for us to watch, so they are compelled to spare us the indignity of the “most transparent president” ever. Political deals are like sausage; it is best not to watch the product being made. The difference is, sausage as an end product is actually good.

In the Democratic vernacular, taxes have changed to “revenues.” Long ago they replaced the word “spending” with “investments,” especially when wasting money on Solyndra and the like. They think we are stupid.

When Bill Clinton so famously “balanced the budget” with the Internet boom and all the taxes from those stock sales, the GOP and Newt Gingrich passed a budget (yes, Congress used to do that) of $1.7 trillion in expenditures. Adjusted for inflation, our federal government would be spending $2.3 trillion today and collecting $2.5 trillion in “revenues,” resulting in a $200 billion surplus. But instead of increasing government spending in line with normal inflation, under Bush and Obama we are spending $3.8 trillion today. Democrats, who believe we have a “revenue” problem instead of a “spending” problem, must also think they have a bartender problem, not a drinking problem.

Those Republican neocons who have never seen a country they do not want to bomb because it looked at us wrong, have to give on defense. We spend $1.19 trillion a year on defense — more than the other top 10-countries combined and more than six times what second-place China spends.

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.

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