Quotulatiousness

August 30, 2012

21st century problems: who inherits your digital property?

Filed under: Books, Law, Media, Technology — Tags: , , , , — Nicholas @ 08:37

Unless medical science has a solution up their collective sleeves, we’re all going to die (eventually). It may be an individual shock, but humans have been dying forever — it’s the unwelcome end of the trip. As a result, we’ve evolved ways to redistribute the property of deceased members of our families and communities. When the issues were as simple as who got Uncle Grog’s club and who got his loincloth, we came up with solutions.

Fast forward to our becoming-ever-more-digital age, and not all of our property is tangible: we’re becoming “owners” of digital property that may be as valuable as our physical possessions. What happens to our music libraries, e-book collections, social media accounts, and all the other non-physical things we’ve bought and used during our lives?

Someone who owned 10,000 hardcover books and the same number of vinyl records could bequeath them to descendants, but legal experts say passing on iTunes and Kindle libraries would be much more complicated.

And one’s heirs stand to lose huge sums of money. “I find it hard to imagine a situation where a family would be OK with losing a collection of 10,000 books and songs,” says Evan Carroll, co-author of “Your Digital Afterlife.” “Legally dividing one account among several heirs would also be extremely difficult.”

Part of the problem is that with digital content, one doesn’t have the same rights as with print books and CDs. Customers own a license to use the digital files — but they don’t actually own them.

[. . .]

Most digital content exists in a legal black hole. “The law is light years away from catching up with the types of assets we have in the 21st Century,” says Wheatley-Liss. In recent years, Connecticut, Rhode Island, Indiana, Oklahoma and Idaho passed laws to allow executors and relatives access to email and social networking accounts of those who’ve died, but the regulations don’t cover digital files purchased.

Apple and Amazon did not respond to requests for comment.

August 29, 2012

QotD: Government funding for the arts “stinks in God’s nostrils”

Filed under: Books, Government, Media, Politics, Quotations — Tags: , , , , — Nicholas @ 15:14

There’s at least a third reason to stop state funding of the arts, and it’s the one I take most seriously as a literary scholar and writer. In the 17th century, a great religious dissenter, Roger Williams (educated at Cambridge, exiled from the Massachusetts Bay Colony), wrote the first case for total separation of church and state in the English language. Forced worship, said Williams, “stinks in God’s nostrils” as an affront to individual liberty and autonomy; worse still, it subjugated theology to politics.

Something similar holds true with painting, music, writing, video and all other forms of creative expression. Forced funding of the arts — in whatever trivial amounts and indirect ways — implicates citizens in culture they might openly despise or blissfully ignore. And such mandatory tithing effectively turns creators and institutions lucky enough to win momentary favour from bureaucrats into either well-trained dogs or witting instruments of the powerful and well-connected. Independence works quite well for churches and the press. It works even more wonderfully in the arts.

Nick Gillespie, featured guest for “Economist Debates: Arts Funding”, The Economist, 2012-08-29

August 16, 2012

QotD: Old wines

Filed under: Media, Quotations, Wine — Tags: — Nicholas @ 09:05

Some people poo-poo the idea of old wines because they lack the fresh fruit they expect to have in their wines. I for one embrace older wines, if for nothing else you’re tasting a piece of history. Hopefully by now you’ve seen the movie Sideways think back, to Maya and Miles sitting on her porch talking about old wines: “I like to think about the life of wine … How it’s a living thing. I like to think about what was going on the year the grapes were growing; how the sun was shining; if it rained. I like to think about all the people who tended and picked the grapes. And if it’s an old wine, how many of them must be dead by now. I like how wine continues to evolve, like if I opened a bottle of wine today it would taste different than if I’d opened it on any other day, because a bottle of wine is actually alive. And it’s constantly evolving and gaining complexity. That is, until it peaks … And then it begins its steady, inevitable decline.”

One of the oldest wines I can remember drinking was a 1970 Chateau Haut Bailly … it sticks in my mind cause it has special meaning in a couple of ways. It was the first time I had tried a wine from the year of my birth, and two I had it on the occasion of my engagement when my family had gathered around for a dinner to celebrate. I thought there was no better time to show off something old from a great Bordeaux vintage. Most dismissed the brownish liquid in their glass and turned their nose up at the interesting, and admittedly, odd smells emanating from the glass; but I relished in it and more people should learn and understand that if you spent X number of years cooped up in a bottle (in this case some 38 years +) you’d be a little crabby when you emerged too; but with a little time and a little air I’m sure you’d come around — start feeling like a more mature version of your old self … the same can be said for wine.

Michael Pinkus, “Tasting Old Wines from the Chateau”, Ontario Wine Review, 2012-08-16

July 25, 2012

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 14, 2012

QotD: Monty Python fans

Filed under: Humour, Media, Quotations — Tags: , — Nicholas @ 00:01

Monty Pythonites are a specific breed of movie quoters, ones you have to handle gently, like Renaissance Faire people and Dungeons & Dragons players (and if we’re being honest, the Venn Diagram on those three groups probably isn’t too complicated). Your film editor says this without judgment; I spent a fair amount of high school trading lines from the Parrot Sketch and “nudge nudge” with my friends, which probably (partially) explains why I didn’t spent a fair amount of high school on, y’know, dates. So my love for MPATHG is strong, but I (and all of us Python fans) must at least make the effort to resist the urge to insert “It’s just a flesh wound” and “It’s only a model” and “Ni” into every social situation. That said, if you can find an reasonable excuse to say “Supreme executive power derives from a mandate from the masses, not from some farcical aquatic ceremony” in an everyday conversation, well, I’m not going to judge you.

Jason Bailey, “The Movies People Need to Stop Quoting”, Flavorwire, 2012-07-12

June 18, 2012

The wins and losses in the C-11 copyright reform bill

Filed under: Books, Cancon, Law, Liberty, Media — Tags: , , , , — Nicholas @ 10:14

Michael Geist on the good and the bad aspects of bill C-11 which will probably pass third reading today in the House of Commons and be sent to the Senate for approval:

There is no sugar-coating the loss on digital locks. While other countries have been willing to stand up to U.S. pressure and adopt a more flexible approach, the government, led by Canadian Heritage Minister James Moore on the issue, was unwilling to compromise despite near-universal criticism of its approach. It appears that once Prime Minister Stephen Harper made the call for a DMCA-style approach in early May 2010, the digital lock issue was lost. The government heard that the bill will hurt IP enforcement, restrict access for the blind, disadvantage Canadian creators, and harm consumer rights. It received tens of thousands of comments from Canadians opposed to the approach and ran a full consultation in which digital locks were the leading concern. The NDP, Liberals, and Green Party proposed balanced amendments to the digital lock rules that were consistent with international requirements and would have maintained protection for companies that use them, but all were rejected. [. . .]

Since the Conservatives took power in 2006, there were effectively four bills: the Pre-Bill C-61 bill that was to have been introduced by Jim Prentice in December 2007 but was delayed following public pressure, Bill C-61 introduced in June 2008, and Bill C-32/C-11, which was introduced in June 2010 (and later reintroduced in September 2011). The contents of December 2007 bill was never released, but documents obtained under the Access to Information Act provide a good sense of what it contained (a call was even scheduled on the planned day of introduction between Prentice and U.S. Ambassador David Wilkins to assure the U.S. that digital locks were the key issue and would not be altered). This chart highlights many of the key issues and their progression over the years as the public became increasingly vocal on copyright:

Issue Pre-Bill
C-61 (2007) 		Bill C-61
(2008) 		Bill C-11
(2012)
Fair Dealing Expansion No No Yes (education, parody, satire)
Format Shifting No Limited (only photographs, book,
newspaper, periodical, or videocassette) 		Yes (technology neutral, no
limit on number of copies, includes network storage, and no reference
to contractual overrides)
Time Shifting No Limited (no network PVRs,
Internet communications) 		Yes (C-61 limitations removed)
Backup Copies No No Yes
User Generated Content Exception No No Yes
Statutory Damages Cap No Limited ($500 cap for
downloading) 		Yes (Max of $5000 for all
non-commercial infringement)
Enabler enforcement provision No No Yes
Internet Publicly Available
Materials Exception for Education 		Yes Yes Yes
Public Performance in Schools No No Yes
Technology Neutral Display
Exception in Schools 		No No Yes
Limited Distance Learning
Exception 		Yes Yes Yes
Limited Digital Inter-Library
Loans 		Yes Yes Yes
Notice-and-Notice Yes Yes Yes
Notice-and-Takedown No No No
Three Strikes//Website Blocking No No No
Internet Location Tool Provider
Safe Harbour 		Yes Yes Yes
Broadcaster Ephemeral Change No No Yes
Expanded Private Copying Levy No No No
Commissioned Photograph Change Yes Yes Yes
Alternate Format Reproduction No No Yes

[. . .]

Public engagement on copyright continuously grew in strength – from the Bulte battle in 2006 to the Facebook activism in 2007 to the immediate response to the 2008 bill to the 2009 copyright consultation to the 2010 response to Bill C-32. While many dismissed the role of digital activism on copyright, the reality is that it had a huge impact on the shape of Canadian copyright. The public voice influenced not only the contents of the bill, but the debate as well with digital locks the dominant topic of House of Commons debate and media coverage until the very end. Bill C-11 remains a “flawed but fixable” bill that the government refused to fix, but that it is a significantly better bill than seemed possible a few years ago owes much to the hundreds of thousands of Canadians that spoke out on copyright.

June 6, 2012

Cassy’s guide to naming spaceships

Filed under: Greece, History, Humour, Media — Tags: , , , — Nicholas @ 08:13

You have to put a bit more thought into how you name your spaceships, people of the future!

Dear People of the Future,

Congratulations! If you’re reading this, you’ve just received a state-of-the-art spacecraft, and you’re probably about to take it on an extremely dangerous mission. Your journey may even concern the safety and continued survival of the human race.

But don’t worry! I’m betting your new ride is pretty sick. It’s probably got a warp drive and maybe a solar sail and lots of other technology I couldn’t even begin to understand.

At this point, you’re probably wondering: What should I name my spacecraft?

It’s good advice. Really. But I was surprised to find that there had been a USS Custer, a USS General Burnside, and even the USS Benedict Arnold.

H/T to John Turner for the link.

June 5, 2012

The US military’s SF research emporium

Filed under: Media, Military, Science, Technology, Weapons — Tags: , , , , , , — Nicholas @ 08:18

John Turner sent me a link to this amusing little survey of what the US military’s R&D organization is willing to admit they’re working on and how it might be helpful in case of an alien invasion:

As summer blockbuster season kicks into high gear, big-budget action movies like The Avengers, Battleship, and Prometheus remind us that there’s one thing that unites Americans: Our shared fear of an alien attack. They also remind us that when the invading space fleet arrives, humanity is not going to surrender without a fight to our intergalactic invaders. Instead, we will band together to fight off their incredibly advanced weaponry with our … well, with what, exactly? Are we really ready to battle our would-be alien overlords?

Luckily, the Pentagon’s Defense Advanced Research Projects Agency, better known as DARPA, as well as some of the world’s largest weapons manufacturers, are dreaming up the weapons of the future today. With the help of everything from lasers on jets to hypersonic planes to invisibility cloaks, we just might be able to make the battle for Earth a fair fight. You may think we’re joking, but why else would NASA be uploading The Avengers to the International Space Station if not as a training manual? Here’s a look at some of the most space-worthy inventions being cooked up now.

An issue for any unmanned, armed vehicle (whether land, sea or air) is the security of communications from the controller to the vehicle. Recent use of such devices has almost always been in combat against relatively low-tech opponents who did not have jamming or hacking capabilities (although the UAV forced down in Iran may signal the end of the easy period for combat UAVs). Earlier discussions of benefits and drawbacks to unmanned fighters are here, here, and here.

May 22, 2012

Lucasfilm fires Parthian shot in “retreat”

Filed under: Media, Politics, USA — Tags: , , , , — Nicholas @ 10:14

In the New York Times, Norimitsu Onishi reports on recent developments (if you’ll pardon the expression) in Marin County, California:

In 1978, a year after “Star Wars” was released, George Lucas began building his movie production company far from Hollywood, in the quiet hills and valley of Marin County here just north of San Francisco. Starting with Skywalker Ranch, the various pieces of Lucasfilm came together over the decades behind the large trees on his 6,100-acre property, invisible from the single two-lane road that snakes through the area.

And even as his fame grew, Mr. Lucas earned his neighbors’ respect through his discretion. Marin, one of America’s richest counties, liked it that way.

But after spending years and millions of dollars, Mr. Lucas abruptly canceled plans recently for the third, and most likely last, major expansion, citing community opposition. An emotional statement posted online said Lucasfilm would build instead in a place “that sees us as a creative asset, not as an evil empire.”

If the announcement took Marin by surprise, it was nothing compared with what came next. Mr. Lucas said he would sell the land to a developer to bring “low income housing” here.

“It’s inciting class warfare,” said Carolyn Lenert, head of the North San Rafael Coalition of Residents.

It’s lovely to see NIMBY-ism spiked on its own hypocritical underpinnings. Just the threat of allowing “the other” into their lovely 1% outpost will be enough to rattle cages and upset the (self-nominated) “great and the good”:

Whatever Mr. Lucas’s intentions, his announcement has unsettled a county whose famously liberal politics often sits uncomfortably with the issue of low-cost housing and where battles have been fought over such construction before. His proposal has pitted neighbor against neighbor, who, after failed peacemaking efforts over local artisanal cheese and wine, traded accusations in the local newspaper.

The staunchest opponents of Lucasfilm’s expansion are now being accused of driving away the filmmaker and opening the door to a low-income housing development. That has created an atmosphere that one opponent, who asked not to be identified, saying she feared for her safety, described as “sheer terror” and likened to “Syria.”

Update: Jesse Walker comments at Hit and Run:

Lucas hasn’t always been a force for good in land-rights fights: His same statement that complains about the barriers to building on his property also complains that he wasn’t able to put up similar barriers himself when a developer built a neighborhood nearby. But that’s forgiven now. You have to appreciate a move that will simultaneously achieve four worthy goals: making housing more affordable for the poor, showing up the hypocrisies of the local limousine liberals, taking revenge (whether or not Lucas wants to call it that) on the people who restricted his property rights, and setting off a reaction that promises to be far more entertaining than any of the director’s recent movies.

May 20, 2012

“If I were to lose 14 pounds, I’d have to part with both arms. And a foot.”

Filed under: Health, Media — Tags: , , , , — Nicholas @ 09:57

Scarlett Johansson at the Huffington Post on healthy living and healthy weight:

People come in all shapes and sizes and everyone has the capability to meet their maximum potential. Once filming is completed, I’ll no longer need to rehash the 50 ways to lift a dumbbell, but I’ll commit to working out at least 30 minutes a day and eating a balanced diet of fruit, vegetables and lean proteins. Pull ups, crunches, lunges, squats, jumping jacks, planks, walking, jogging and push ups are all exercises that can be performed without fancy trainers or gym memberships. I’ve realized through this process that no matter how busy my life may be, I feel better when I take a little time to focus on staying active. We can all pledge to have healthy bodies no matter how diverse our lifestyles may be.

Since dedicating myself to getting into “superhero shape,” several articles regarding my weight have been brought to my attention. Claims have been made that I’ve been on a strict workout routine regulated by co-stars, whipped into shape by trainers I’ve never met, eating sprouted grains I can’t pronounce and ultimately losing 14 pounds off my 5’3″ frame. Losing 14 pounds out of necessity in order to live a healthier life is a huge victory. I’m a petite person to begin with, so the idea of my losing this amount of weight is utter lunacy. If I were to lose 14 pounds, I’d have to part with both arms. And a foot. I’m frustrated with the irresponsibility of tabloid media who sell the public ideas about what we should look like and how we should get there.

Every time I pass a newsstand, the bold yellow font of tabloid and lifestyle magazines scream out at me: “Look Who’s Lost It!” “They Were Fabby and Now They’re Flabby!” “They Were Flabby and Now They’re Flat!” We’re all aware of the sagas these glossies create: “Look Who’s Still A Sea Cow After Giving Birth to Twins!” Or the equally perverse: “Slammin’ Post Baby Beach Bodies Just Four Days After Crowning!”

According to the National Eating Disorders Association (NEDA), as many as 10 million females and 1 million males living in the US are fighting a life and death battle with anorexia or bulimia. I’m someone who has always publicly advocated for a healthy body image and the idea that the media would maintain that I have lost an impossible amount of weight by some sort of “crash diet” or miracle workout is ludicrous. I believe it’s reckless and dangerous for these publications to sell the story that these are acceptable ways to looking like a “movie star.”

May 12, 2012

Scott Feschuk on the Cannes line-up

Filed under: France, Humour, Media — Tags: , — Nicholas @ 09:45

Not so much with the accuracy in titles, but certainly accurate on content:

The Cannes Film Festival is once again showcasing its usual fare of upbeat, crowd-pleasing entertainment. I’ve not entirely been paying attention, but here’s what’s playing so far as I can tell:

Despair and Isolation — Several orphans struggle to comprehend the human condition in a cruel world where the only constants are heartbreak and suffering. Running time: six hours.

Isolation, Despair and also Anguish — Several thinner orphans struggle to comprehend the human condition while wheezing in a crueller world where the only constants are heartbreak, suffering and their leprosy (the skin kind and the social kind). Running time: six hours.

Despair, Anguish, Further Anguish and a Shaky Hand-held Camera — Several orphans struggle to comprehend the human condition, but without going outside, because the film’s budget is only $19. Running time: 33 hours (couldn’t afford fancy “editing” machine).

[. . .]

The Triumph of Love — Turns out the title is pretty misleading. This “Love” guy is a serial killer who targets orphans whose parents were murdered by other serial killers who themselves were orphans.

May 5, 2012

Why most SF (and SF-ish) movies suck

Filed under: Books, Media — Tags: , — Nicholas @ 11:29

In a long post about the death of genre, Charles Stross explains why most science fiction movies are awful:

Well, the process has already begun (indeed, is well under way) in some other media: in film, for example, around 30% of the big budget movies to come out of Hollywood each year are recognizably science fiction. I mean, aliens: that’s a pretty obvious signifier, isn’t it? And Hollywood feels no need to market these movies as SF; they just are, big budget glossy special-effects beanfests featuring aliens. They’re grown-up, quite capable of finding their own audiences. But something is missing upstairs. They’re the sixty-foot-tall armoured cyborg idiot children of our genre. All fire and tantrums and no cerebral context whatsoever. There’s no internal genre dialog going on, and precious little introspection. (Yes, you can name exceptions like “GATACA”; the fact that you have to note the exceptions is itself a warning sign.)

I am not sure it is possible to write introspective, complex SF as a screen medium. The natural length of a feature movie is around 120 minutes; the traditional movie script runs at one page per minute, with 250 words per page — that buys you, in literary terms, a novella. Add in the expectations of studio executives and the dumbing-down effects of editing by committee you end up with huge pressure to make the script commercial rather than complex. Some director/scriptwriters have the clout to get what they want: but then you end up, as often as now, with George Lucas. Nor is there much scope for a dialog in which directors build on someone else’s ideas. So a large chunk of cinematic SF is stuck, spinning its wheels, mistaking ever better special effects and ever bigger first weekend box-office draws for progress.

May 1, 2012

The Duel at Blood Creek, a short film

Filed under: History, Humour, Media — Tags: — Nicholas @ 10:30

A lovely little film that works well on several different levels.

April 24, 2012

The Hunger Games as a fictionalized version of the UN’s “Agenda 21”

Filed under: Books, Government, Liberty, Media — Tags: , , , — Nicholas @ 09:25

In a letter published in the most recent issue of Libertarian Enterprise, David Walker points out the quite notable similarities between the fictional world portrayed in The Hunger Games and the United Nations’ Agenda 21:

The Hunger Games “universe” is the inevitable result at the attempt to implement Agenda 21.

  • Herding the population into tightly controlled resource production “districts”.
    While there are no “arcologies/super cities” as forwarded by Agenda 21, I don’t think such things could possibly be created by such a system anyway. The Agenda 21 structure is simply too anti-technological and too government heavy. The “Hunger Games” police state “Districts” is a much more believable result of enforced population reduction & control.
  • In the “country” of “Panem” no one is allowed out into “the wild”. Agenda 21 demands “rewilding” of all space outside of habitation districts. In the Hunger Games, crossing the electrified fence can get you shot. Killing wild game (poaching the government’s animals) will get you shot. Pristine Earth policed with heavy weapons. Sound familiar?
  • Travel is largely by High Speed Rail, and solely by High Speed Rail between Districts. Cars/trucks are only mentioned in the Capitol. The more poor the district, the more likely you are to be forced to walk everywhere. Only the Military has anything resembling air travel and even that is curtailed (one character dreams/reminisces about winged flight vs. hovercraft).
  • The utter disdain for Carbon Based Fuels.
    The Heroine from Hunger Games comes from the Coal Producing District (District 12). As described, there simply could not be enough coal produced by that district to have coal be a viable energy source, therefore the coal must be being used for other non-energy-related tasks. Likewise, “District 12” is the pariah of the Districts. Nobody loves Coal, and nobody loves the people who produce it. “Power” is produced by a nameless “District 5” by nameless means, though Nuclear is suggested on the website.
  • There is no Religion in the Hunger Games world.
    Agenda 21 specifically declares non-pantheistic/non-“natural” religions (particularly Judaism, Islam & Christianity) as something that must be eliminated. “Nature worship” is apparently OK.
  • The Government is Hollywood/Hollywood is Government.
    Hollyweirdoes love Agenda 21. The 3 books of the series are not kind to Hollywood and the kind of government the majority of those weirdoes would create. It presents “The Capitol” as a cross between San-Francisco Body Modification, Hollywood & Rome where nonproductive decadence, self importance, absurd vanity and utter banality are the rule. Any wonder the Movie(s) (will) suppress this aspect of the books?

Other Themes, late in the series: Revolutions aren’t always led by noble causes.

April 20, 2012

Reason.tv: Too Much Copyright

Filed under: Law, Liberty, Media — Tags: , , , , , , , — Nicholas @ 07:45

“This disconnect between the public’s view of copyright and fair use and what should and should not be prosecuted, versus the ‘copyright maximist’ view of the law, is our generation’s Prohibition,” says Ben Huh, CEO and founder of Cheezburger and a loud voice in the recent backlash to SOPA and PIPA, two congressional bills aimed at curbing internet piracy.

Copyright exists to “promote the useful arts” according to the Constitution. But is it still doing that? And should the government protect so-called “intellectual property” in the same way it protects other forms of property? Reason.tv posed these questions to Ben Huh, as well as a professor and a movie studio representative.

Tom Bell, a law professor specializing in property law, has serious reservations about attempts by groups like the Motion Picture Association of America (MPAA) to equate property and copyright through ad campaigns admonishing viewers with messages like, “You wouldn’t steal a car. Downloading pirated movies is stealing.”

“As soon as we start using [the word] ‘copyright’ for ‘property,’ we start taking less seriously our property rights for things like cars and houses,” says Bell. “When you steal a candy bar or a car, you’ve left somebody without something to eat or something to drive.”

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