About this Author

Ernest Miller pursues research and writing on cyberlaw, intellectual property, and First Amendment issues. Mr. Miller attended the U.S. Naval Academy before attending Yale Law School, where he was president and co-founder of the Law and Technology Society, and founded the technology law and policy news site LawMeme. He is a fellow of the Information Society Project at Yale Law School.
Ernest Miller's blog postings can also be found @
Copyfight
LawMeme
Listen to the weekly audio edition on IT Conversations: The Importance Of ... Law and IT.
Feel free to contact me about articles, websites and etc. you think I may find of interest. I'm also available for consulting work and speaking engagements. Email: ernest.miller 8T gmail.com
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Category Archives
January 19, 2006
Posted by Ernest Miller
If you are in the Los Angeles area at the beginning of February and like food, then you might find this news from my culinary school, Kitchen Academy, of interest:
COME TO KITCHEN ACADEMY'S FREE STUDENT PREPARED LUNCH AND DINNER RESTAURANT EVENT AND BREAKFAST BUFFET
Food will be served on a first come, first served basis ... when we're out, we're out
For the Lunch and Dinner Restaurant Event:
When: Wednesday, February 1st, 2006
Time: 8:30am-10:00am AND 2:30pm-4:00pm AND 8:30pm-10:00pm
Lunch/Dinner Menu Includes:
St. Louis Ribs, Santa Maria Tri-Tip,
Barbequed Baked Beans, Macaroni & Cheese, Country Onion Rings, Hush Puppies and Fruit Salad
Carnitas, Guacamole, Refried Beans, Salsa Verde, Mexican Style Rice with Tortillas
For the Breakfast Buffet Event:
When: Thursday, February 2nd, 2006
Time: 8:30am-10:00am AND 2:30pm-4:00pm AND 8:30pm-10:00pm
Breakfast Menu Includes:
Eggs Benedict and Eggs Florentine, Scrambled Eggs
Bacon and Sausage
French Toast
Potatoes Roesti and Hash Brown Potatoes
Quiche Lorraine and Quiche Florentine
Omelet Bar
For the Cuisines of Asia Buffet
When: Friday, February 3rd, 2006
Time: 8:30am-10:00am AND 2:30pm-4:00pm AND 8:30pm-10:00pm
Asian Menu Includes:
Vietnamese Spring Rolls with Hoison Peanut Sauce
Poke Salad with Sesame Vinaigrette
Fruit Platter Presentation
Tempura Udon, Crab Rangoon, Shrimp Toast, Chicken Satay
Soft Shell Crab with Sunomono
Suckling Pig, Peking Duck, Mu Shu Pork with Mandarin Pancakes, Kung Pao Beef
Pad Thai, Fried Rice, Beef Panang, Honey Walnut Shrimp
Lemongrass Sorbet, Green Tea Ice Cream
Kitchen Academy - Hollywood
6370 West Sunset Blvd
(on the Cinerama Dome Property)
Hollywood, CA 90028
323-460-4022
Jennifer Farris, Campus Director
Comments (1)
+ TrackBacks (0) | Category: Culinary School | News
January 10, 2006
Posted by Ernest Miller
Yesterday, January 9th, I began classes at Kitchen Academy, a new culinary school located in Hollywood, California.
Over the next several months, I intend to document my experience in culinary school on this blog. As someone who is quite ignorant about the whole food/restaurant business thing, it'll definitely be a learning experience.
I'll also be returning to blogging on the copyfight, as well ... but things will be a little different here (which may or may not be better than the entire silence of the past six months).
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July 08, 2005
Posted by Ernest Miller
I'm heading out of town for a couple of days. I won't be posting again until Sunday evening, July 10th.
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July 06, 2005
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Man vs. Machine on the Chess Board: Computers Victorious
Ed Felten declares computers the winner in the man vs. machine chess arena (Chess Computer Crushes Elite Human Player). This may seem inevitable in hindsight, but for the longest time people insisted that human chess players had something special which computers could never duplicate. That was true, up to a point. ... Chess computers have succeeded by ignoring what human chessplayers do best, and doing instead what computers do best. And what computers do best is to run programs written by very clever human programmers. Hmmm ... sounds like another challenge for computing.
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EFF Adds Labor Law Section to its Legal Guide for Bloggers
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July 04, 2005
Posted by Ernest Miller
Thomas Jefferson, who died on this day in 1826, has travelled through time to provide us with TeeJ's Live Journal. In a special edition, he provides a most excellent (even classic) Blawg Review #13. I have recently received the favors of the gentlemen of Blawg Review, requests fitting for my scholarship for my appraisal in the attention to legal matters discussed on this thing called the "blogosphere", on this national Independence Day. As a former president of the United States, a proficient & endearing student of law, practicing lawyer (I did pass my first county court bar exam some 236 years ago, so forgive me if my legal expertise is somewhat outdated), and the principle architect of our government, my perspective has become of interest to some, as much perhaps that the opinion of today's many lawyers, legislatures and courts is of interest to me. This brings me into the harmony today's events, on the dawn of this July 4th.
Ever since my arrival in this strange and wondrous part of the American future, or rather, the American "present", I have been on an ongoing inquiry into the very nature of modern law and government. So injudicious the unscrupulous acts of legislature I have seen, and apathetic the American mind has grown to these matters, that I have been prone to action that I might record and observe what I can, and today is an excellent opportunity to do just that. So I have been asked to offer my review and commentary on these various internet weblogs, writings, essays and other posts. I was fearful that my opinion and analysis of recent history would be ignorant of the many changes since my time, so I have invited my roommate Daniel to join my commentary... who, I am afraid, was slightly bored with all the dense legal issues, so I fear his commentary may be a bit... amiss. [links, ancient diction in original] A classic!
Phosita rounds up some firework patents: Independence Day.
But beware the dangers of fireworks according to this recently released report from the US Fire Administration, which is an an entity of the Department of Homeland Security and the Federal Emergency Management Agency (Fireworks Cause 23,200 Fires, $35 Million in Damage and Injure 9,300. Read the 7-page report: The Dangers of Fireworks [PDF].
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+ TrackBacks (0) | Category: News
Posted by Ernest Miller
On July 4, 1855, Walt Whitman published Leaves of Grass. From the preface (1855 Edition Hypertext): The Americans of all nations at any time upon the earth have probably the fullest poetical nature. The United States themselves are essentially the greatest poem. In the history of the earth hitherto the largest and most stirring appear tame and orderly to their ampler largeness and stir. Here at last is something in the doings of man that corresponds with the broadcast doings of the day and night. Here is not merely a nation but a teeming nation of nations. Here is action untied from strings necessarily blind to particulars and details magnificently moving in vast masses. Here is the hospitality which forever indicates heroes . . . . Here are the roughs and beards and space and ruggedness and nonchalance that the soul loves. Here the performance disdaining the trivial unapproached in the tremendous audacity of its crowds and groupings and the push of its perspective spreads with crampless and flowing breadth and showers its prolific and splendid extravagance. One sees it must indeed own the riches of the summer and winter, and need never be bankrupt while corn grows from the ground or the orchards drop apples or the bays contain fish or men beget children upon women.
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July 02, 2005
Posted by Ernest Miller
Comments (0)
+ TrackBacks (0) | Category: Copyright | File Sharing | News
June 28, 2005
Posted by Ernest Miller
Corante launches a new group blog today: Future Tense
Read the introductory post: Welcome to Future Tense Future Tense is about the trends and pressures that are forcing employers to change the way they think about the workplace. We'll be discussing management practices and collaborative tools, innovation and motivation, architecture, distributed work, mobility and gradual retirement. We will track how traditional hierarchies are breaking down and what is rising to replace them. Our goal is to look into the near future and provide useful information, case studies and interviews with leading thinkers. By identifying and discussing the multitude of trends that are reshaping work as we know it, we hope to provide a valuable resource to the people who are leading the way forward.
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June 23, 2005
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Analysis of the Market for Law Professors
Emory University School of Law Prof. Sara K. Stadler has an interesting paper that is sure to create debate in the halls of the legal academe (The Bulls and Bears of Law Teaching). This Essay provides readers with a unique perspective on the world of law teaching: Employing a quirky methodology, Professor Stadler predicts which subjects are likely to be most (and least) in demand among faculties looking to hire new professors in future - rating those subjects, like so many stocks, from "strong buy" to "weak buy" to "weak sell" to "strong sell". To generate the data on which her methodology is based, Professor Stadler catalogued, by subject, almost every Article, Book Review, Booknote, Comment, Essay, Note, Recent Case, Recent Publication, and Recent Statute published in the Harvard Law Review between and including the years 1946 and 2003. In the end, she found an interesting (and, she thinks, predictive) relationship between the subjects on which faculty choose to write and the subjects on which students choose to write. Fields of interest to me got the following ratings: - First Amendment - Weak Buy
- Intellectual Property - Weak Buy
- Media Law - Weak Buy
- Cyberlaw - Hmmmm [that is the actual rating]
via ContractsProf Blog
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Mighty Talented Legal Academics to Blog Grokster, Brand X Decisions
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June 22, 2005
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How Not to Advertise to J. Bradford DeLong
J. Bradford DeLong doesn't suffer fools gladly and he was anything but glad about Microsoft, McAfee and Epson (Life on the Hinterweb). I don't like it when strange movies take over my computer and use it to display adware. I don't like it when Epson lies to me about the quality of Epson-compatible inkjet cartridges. I don't like it when McAfee makes it hard to avoid spending more on virus protection than I need to.
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Cory Doctorow's Latest Novel Available for Free Download
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June 21, 2005
Posted by Ernest Miller
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Blast from the Microsoft Antitrust Trial Past
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June 20, 2005
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Waiting for Grokster
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Blawger/Blogger Lunch in SoCal
If you're in Southern California and would like to join a great group of blawgers/bloggers, including yours truly, for lunch on Wednesday, do let Denise Howell know (Lunch Wednesday). Don't forget to let me know if you'll be joining us for lunch on Wednesday. Coming so far are me, Ernie, Ernie, Monica, Jeff, and Matt.
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Global UCITA?
Those who have been following cyberlaw for some time remember (generally with dread) the Uniform Computer Information Transactions Act, aka UCITA. Law firm Farella Braun & Martel warns of a global, international version of UCITA, at least as far as choice of venue is concerned (UCITA Redux?). Fast forward to 2005, where U.S. negotiators are meeting this month to seek agreements on jurisdiction as part of the Hague Convention of Exclusive Choice of Court Provisions on Private International Law. While the U.S. State Department hopes to resolve the question of which courts will hear international business disputes, software clickwrap agreements may be a sticking point. With a clickwrap agreement, software buyers implicitly agree to a contract for the sale of the software merely by downloading software or opening up its package, and some stakeholders fear that foreign businesses may be able to insert unfavorable venue provisions into the agreements. Opponents of the current draft of the agreement say it's "a lot like a global UCITA," and presents the same problem of non-negotiated venue provisions. [link in original]
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Godwin Laments the Limited Scope of the Original Godwin's Law
Godwin's Law states simply that: As an online discussion grows longer, the probability of a comparison involving Nazis or Hitler approaches one. Well, Mike Godwin now regrets limiting the law to online discussions. Referencing recent Nazi comparisons in the news, Godwin writes, ( The Daily Show and Godwin's Law) I probably should have crafted Godwin's Law early on so as to cover more than online discussions -- but I don't think it quite occurred to me back in the late '80s and early '90s that public debate in all media was going to descend to the lowest common denominator. I may have been hoping the online world would turn out to be a special case. [emphasis in original]
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June 16, 2005
Posted by Ernest Miller
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June 15, 2005
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MPAA to Name HQ After Jack Valenti
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June 12, 2005
Posted by Ernest Miller
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June 11, 2005
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Joi Ito on the Emperor in Japanese Culture
Joi Ito has a fascinating post about the Japanese Emperor who, despite a varying level of influence through history, has certainly left a mark on the culture (Visiting the Old Capital). Regardless of his level of influence, the Emperor has been the center of most of Japanese culture. Kyoto, for instance, is divided into the "Right Kyoto" and the "Left Kyoto". This has nothing to do with East or West, but is the right or left side of the city when viewed from the Emperor. The bullet train "climbs" from Kyoto to Tokyo (the new capital) toward the Emperor and any road that points away from the Emperor is pointed "down". All kinds of symbols and names allow you to understand exactly what each Temple's relationship to the royal family is. Be sure to check the Flickr of his trip: Joi Ito: Kyoto June 2005. I lived in Japan for four years. These photos reminded me of some of the beauty of Japan that I miss.
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Godwin: Microsoft's Halo Deal is Business as Usual
Mike Godwin takes a recent NY Times article (Hollywood Hardball) to task for its too ready acceptance of Hollywood's spin (That's Hardball). The article regards Microsoft's attempt to interest Hollywood in a movie based on the wildly popular Halo videogame series. Hollywood execs were apparently whining that MS was really playing hardball. Yeah, uh huh, right. To be fair to Microsoft, another way to understand Holson's story is this: MS thought they were bringing a huge and valuable property to the studios, and so they put a big price tag on it and tried to preserve the property by seeking creative control. The studios didn't quite like the deal MS offered, or the terms on which it was being offered, and so most of them balked. This looks remarkably like business as usual, at least so far as one can understand it while being based on the east coast.
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June 10, 2005
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Free Software Foundation Announces Goals of Revision of GPL to Version 3.0
Yesterday, the Free Software Foundation made a major announcement about the goals of the revision of the GPL to version 3.0 (GPL Version 3: Background to Adoption). The substantive reasons for revision, and the likely nature of those changes, are subject matter for another essay. At present we would like to concentrate on the institutional, procedural aspects of changing the license. Those are complicated by the fact that the GPL serves four distinct purposes. Read the whole thing. Seriously. It's important. If you're pressed for time, C|Net News reports and summarizes ( Stallman, Moglen Outline GPL 3 Plan).
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First Apple ][ Shipped 28 Years Ago
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Freedom to Tinker Book Club Kicks Off
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June 09, 2005
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Granick Wants to Know Top Ten Legal Questions for Hackers
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June 08, 2005
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Google to Create 3D Maps of Cities
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June 07, 2005
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Good Question for Cell Phone Company
Andrea Harner has a very good question for her cell phone company (Dear T-Mobile): I recently received a text message from you kindly alerting me to my overdue bill. For this courtesy SMS, I thank you. I called 611, the convenient 3 digit number you graciously provide for the ease of customers, and an automated voice told me that my account was overdue $857.00 due to 'minutes overage'. IF YOU CAN TEXT ME THAT MY BILL NEEDS TO BE PAID WHY CAN'T YOU TEXT ME THAT I'VE GONE OVER MY MINUTES?????!!!!!! Absolutely. Of course, WHAT THE HECK WAS HARNER DOING ON THE PHONE FOR THAT LONG????!!!!!
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Darknet Foreward
Tech Sociologist/Writer Howard Rheingold wrote the foreward for Darknet: Hollywood's War Against the Digital Generation, and now you can read it online ('Darknet' Foreword). Like everything in life, the choice between digital society and consumer culture is not an either-or proposition, for on any given day we juggle our roles as content creators and couch potatoes. But increasingly, we resist one-way media. We reject the megaphone of the broadcast era and turn to the many-to-many collaborative strands of the Internet.
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Posted by Ernest Miller
My friend, Prof. Beth Noveck, has written (not for the first time) about the need for a progressive political agenda with regard to cyberlaw on her Cairns Blog (Positive Cyber-Progressivism). I say "as usual" not because I am playing social critic again but because cyberlaw so predictably tends to focus on negative liberty rather than positive rights. In other words, how can I be free from abuse? Free from constraint? Free from censorship? This reactive stance has characterized cyberlaw for the last decade of its existence. Our agenda is full with staving off excesses of intellectual property "protection" and privacy-violating snoops. Far too little attention is paid to positive prescriptions. How can we use law and technology to enable greater innovation, creativity, productvity and freedom? Being free from the law and free from intrusive code is not the only way to deepen human happiness. Rather, the legal code as well as software code -- designed right -- can promote the same shared values. Part of this is, of course, because even negative liberty has been under constant attack for the past decade. We copyfighters have barely fought off things like the INDUCE Act and Broadcast Flag, which doesn't leave much time for focusing on positive goals.
Which isn't to say that there haven't been a number of positive goals put forward. In the copyright realm there have been several alternative compensation schemes for filesharing put forth, from prominent law professors (Neil Netanel and William Fisher among others) and organizations such as EFF. I keep deluding myself that it's all about the distribution, and copyright reform should follow along those lines, most recently: A Reply to Dennis Kennedy, Michael Madison and Marty Schwimmer on iPods, Distribution and Copyright. Larry Lessig has called for shorter terms and a return to some copyright formality. There are other examples. Unfortunately, however, none has really caught on for a variety of reasons, not least that there is much disagreement.
And, actually, I'm not even sure what "negative liberty" means in the context of copyright law. Most copyfighters, myself included, are intent on finding the right level of copyright, not freeing us from it entirely. That seems to me a very progressive goal itself.
The main problem, I think, is that most people really don't care about copyright; they don't realize how important to a democratic culture it is. We don't lack for potential progressive prescriptions. We lack agreement on them and we lack the marketing.
The issue of free speech, which Beth also raises, is also an interesting one. Free speech is a funny sort of negative liberty. It is a negative liberty that is, in part, justified by its positive purposes. According to Mill, the best way to approach truth is by allowing, almost encouraging, error. Accepted truths will be strengthened through battle with error. Error will be overthrown by truth. And, as is most likely the case, both sides have a little bit of truth to them and we move to a better synthesis. Free speech may be a negative liberty we cherish, but even were it not, it would be a progressive policy goal.
Be that as it may, there are also a number of progressive free speech policies out there - particularly for what I call "freedom of the press", the role of government in regulating distribution of information. For example, there are those who want stricter control over media ownership and claim a progressive mantle. I disagree with them (as I disagree with Netanel and Fisher), but it is a positive platform. There are many in the copyfight who argue for open access and open standards in order to free distribution. This seems to me a positive, progressive goal. Unfortunately, these two groups seems somewhat opposed and, among other reasons, very little is accomplished along these lines.
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+ TrackBacks (0) | Category: Copyright | Freedom of Expression | Network Law | News
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JD Lasica Guest Blogging on Copyfight
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June 05, 2005
Posted by Ernest Miller
During the 1990s, there was a boom in the sale of CDs. A significant part of this boom was due to the "CD replacement cycle," during which many people replaced their old vinyl LPs with new CDs. These were essentially freebie sales for the recording industry, which was able to make a quick buck by transitioning their back catalogs to CD. The good times couldn't last, of course, and CD sales declined, in large part because the replacement cycle ended. See, among others, BBC News (Stopping the Pop-Swappers).
So, where are we in the DVD replacement cycle? DVD has pretty much wiped out VHS and there are many who are replacing VHS libraries with DVDs, which is probably having a very nice effect on Hollywood's bottomline. Additionally, there is a big sale of back catalog stuff, particularly old television shows that were never released on VHS. Eventually, however, these good times are going to have to end. The question is, how far away is this? How big will the drop be? And, how much will the MPAA blame on copyright infringement?
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Last Post +1: SF Chronicle on Star Trek / Pedophilia Connection
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June 03, 2005
Posted by Ernest Miller
Wikipedia is one of the great success stories of the internet and will, likely, play an even greater role as it matures. Success, of course, breeds imitation. Recently, I came across a pitch for www.WikiHow.com (no link love for them), which describes itself thus: wikiHow is a collaborative writing project to build the world's largest how-to manual. With your contributions, we can create a free resource that helps people by offering clear, concise solutions to the problems of everyday life. Please join us by writing a new page, or editing a page that someone else has started. Yeah, except that, unlike Wikipedia, their Wiki isn't under the GNU Free Documentation License. In other words, they're basically asking people to slave away for them for free. Thanks, but no thanks.
Extra bonus points for them not mentioning this difference when they note the differences between WikiHow and Wikipedia: "wikiHow differs from Wikipedia in several important respects:" - Neutral Point of View not Required
- Multiple Methods and Pages
And... I guess the GNU Free Documentation License isn't an important difference. Nice try, guys.
UPDATE 4 July 2005 1415PT
WikiHow has now switched entirely to a Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License: WikiHow Responds to Criticism - Goes Creative Commons. Good job guys.
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Waiting for Grokster
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Freedom to Tinker Launches Book Club With Lessig's Code
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June 01, 2005
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Freedom to Tinker's Wiki-Friendly Book Club
Ed Felten is considering starting a book club on Freedom to Tinker (Book Club). He favors using Larry Lessig's Code and Other Laws of Cyberspace as the first victim, but not simply the treeware version, instead, the proposed book club will work on Code 2.0, the collaborative, wikified update to the 1999 tome. Like I don't already have enough to do. Actually, this is a great idea. If wikified books aren't available, why not a Wikipedia article club, where one particular subject is adopted for a week and changes are made?
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May 31, 2005
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What!? I'm Part of a Business?
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Airlines and Record Companies - Think of the Synergy!
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May 30, 2005
Posted by Ernest Miller
In Flanders Fields
In Flanders Fields the poppies blow
Between the crosses, row on row,
That mark our place; and in the sky
The larks, still bravely singing, fly
Scarce heard amid the guns below.
We are the Dead. Short days ago
We lived, felt dawn, saw sunset glow,
Loved, and were loved, and now we lie
In Flanders fields.
Take up our quarrel with the foe
To you from failing hands we throw
The torch, be yours to hold it high.
If ye break faith with us who die
We shall not sleep, though poppies grow
In Flanders fields
- John McCrae
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May 29, 2005
Posted by Ernest Miller
I just wanted to thank the anonymous donor who made a contribution through my Amazon tipjar over on the lefthand column beneath my bio.
w00t!
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May 28, 2005
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Rent-Seeking CEO Gives Donation to Politician Days Before Favorable Bill Introduced - 'No Coincidence' Says Senator
Freudian slip? Ed Bott notes some accidental truth-telling when Sen. Rick Santorum (R-PA) was asked about a donation from the CEO of Accuweather (The Senator from AccuWeather Speaks Up): Two days before Sen. Rick Santorum introduced a bill that critics say would restrict the National Weather Service, his political action committee received a $2,000 donation from the chief executive of AccuWeather Inc., a leading provider of weather data. Asked about the connection, the Senator replied: "I don't think there's any coincidence between the two."
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Fighting Lessig's Ghosts
Many have recently read about Larry Lessig's personal and legal struggle against child sexual abuse at the American Boychoir School in Princeton (Larry Lessig's Heroic Courage and Convictions). Lessig has received a lot of support and many are asking "what can I do?" There are a number of things that can be done to reduce the likelihood that this will happen again ('What Can I Do?'): Even if we win our case, the law in New Jersey would still immunize a charitable institution from "negligence" in the hiring of a teacher. That means if a school hires a teacher without taking any steps to verify the teacher's past -- for example, asking why the teacher was fired from his last job -- the school is immune from liability.
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May 25, 2005
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Senate Hearing Today on 'Piracy of Intellectual Property'
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Lessig: Living With Ghosts
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May 23, 2005
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Darknet: The Mini-Book, Week 2
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May 22, 2005
Posted by Ernest Miller
Ubercyberlawprof Larry Lessig has long been a hero among copyfighters. Today, I learned that he has taken a courageous and heroic stand in another realm, that of child sex abuse. An article in New York Metro recounts Prof. Lessig's fight against child sex abuse at the American Boychoir School in Princeton on behalf of the victims, including himself (The Choirboy): As head boy at a legendary choir school, Lawrence Lessig was repeatedly molested by the charismatic choir director, part of a horrific pattern of child abuse there. Now, as one of Americas most famous lawyers, hes put his own past on trial to make sure such a thing never happens again. I applaud Prof. Lessig's courage and convictions.
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May 17, 2005
Posted by Ernest Miller
JD Lasica has just published Darknet and will be publishing stories and analysis from the book in weekly installments. Unfortunately, we won't be getting the entire book online, but we will get a weekly sample. There are two posts so far:
Darknet Mini-Book: Introduction Darknet is not another book about the excesses of copyright law -- not really. It's a look at the future of future of movies, television, computing, music, games, art and more -- and the choice we face as a society....
Now, about the title. Throughout this book, Darknets simply refer to underground or private networks where people trade files and communicate anonymously. But I want to suggest two deeper meanings as well.
First, the Darknet is a metaphor for the hidden-away matter of the Webthe burgeoning pool of weblogs, independent sites, and grassroots media well outside the limelight of Big Media. Collectively, this long tail, as Wired editor-in-chief Chris Anderson put it, far outweighs all the bright material of the commercial Web sites with their seemingly impressive vast swaths of traffic. The dark tail is where the hope and promise of the Web resides.
Second, Darknet serves as a warning about a world where digital media become locked down, a future where the network serves not the user but the interests of Hollywood and the record industry. More and more activity on the open Internet will be pushed into the underground if current anti-innovation trends continue.
Darknet Mini-Book: The Teenage Filmmakers
The best darn fan film you'll never see.
Read it all.
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Ourmedia Surpasses 5,000th Upload Milestone
Ourmedia.org, which "provide free storage and free bandwidth for your videos, audio files, photos, text or software. Forever. No catches.", has surpassed its 5,000th upload in a little over two months of operation (Ourmedia.org Surpasses 5,000 Uploads). Congrats!
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May 16, 2005
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Videogame Law: The Blog
With E3 kicking off tomorrow, it seems appropriate to note this relatively new and worthy blog: Patent Arcade: In the business of video games, intellectual property protection is critical to success, and Patents, Copyrights, and Trademarks are the bricks with which any IP portfolio is built. There looks like a very useful list of videogame related cases here: Listing of Videogame Cases. You gotta love it when the author, Ross Dannenberg, prominently notes his gamertag on the blog, "Aviator." w00t via EEJD
posted by Ernest Miller |
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May 15, 2005
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Notes from the Planet Gallifrey in the Constellation Kasterborous
posted by Ernest Miller |
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Alarmism and a New Initiative from the Int'l Chamber of Commerce
Maria Livanos Cattaui, Secretary General of the International Chamber of Commerce, had an alarmist anti-infringement op-ed published in the International Herald Tribue (Counterfeiting Is Out of Control). The article facilely conflates the very different policy issues regarding pharmaceutical infringement, product infringement and internet infringement, among others. Expect more of the same from their international initiative: In recent months, more than 600 companies and organizations from all parts of the world, including Interpol, the World Customs Organization and the World Intellectual Property Organization, have joined together in Business Action to Stop Counterfeiting and Piracy, a new initiative of the International Chamber of Commerce. via IP Blog
posted by Ernest Miller |
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May 13, 2005
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Jeff Jarvis Meets Michael Powell
Jeff Jarvis meets former FCC head honcho Michael Powell face-to-face and ... well, seems he is a decent guy, despite supporting the greatest crackdown on indecency on television in decades (Meeting Chairman Powell).
posted by Ernest Miller |
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Techdirt: MS's IP Propaganda Contest
posted by Ernest Miller |
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John Hiler: Death of Hierarchical Folders
posted by Ernest Miller |
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Posted by Ernest Miller
The Register goes for cheap, homophobic jokes aimed at Hilary Rosen (How Hilary Rosen learned to stop suing and hate Apple's iPod). Look, I like to Rosen-bash as much as the next copyfighter, and even take the cheap shot every once in awhile, but some things are just not cool: A lesser man would deny the incredible attraction Hilary's shift conjures up within his soul. He would remind himself of Hilary's gay leanings and choose to admire her from afar. I am not a lesser man.
Ever since my dear wife Gertrude passed - God bless her soul - I've been searching for a spirit that could tame the unbridled yearnings which consume me. No woman has seemed up to the task until the new Hilary Rosen came along.
"The new iPod my girlfriend gave me is a trap," Rosen writes. "Yeah, it is great looking and I really love the baby blue leather case but when, oh when, will Steve Jobs let me buy music from somewhere other than the Apple iTunes store and put it on my iPod?"
It's hard to admit in front of you all, but, as I read this passage, I focused on one thing - my girlfriend, my girlfriend, my girlfriend, my girlfriend, my girlfriend, my girlfriend, my girlfriend, my girlfriend, my girlfriend, my girlfriend.
Was this signal - this cry - aimed directly at me? Wasn't this line from the new Hilary Rosen saying, "I have a girlfriend now, but I've proved that I can change"? Wasn't Hilary - pictured in all her glory on this fetish site - declaring her openness to the potential of heterosexual love?
My assistant wrote this week to the Huffington Post asking for an answer to these very questions. We've yet to receive a reply. So please, new Hilary, consider this an open letter to you. I request little more than a date or at the very least a sensual podcast. I can assure that I'm the man for the job. This is supposed to be funny. It's not. It's pathetic and The Register ought to be ashamed for publishing it.
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Flickr Used by Spanish Newspaper
posted by Ernest Miller |
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May 11, 2005
Posted by Ernest Miller
Over on Slate, William Saletan has been following the evolution/intelligent design/creationist debate quite closely and rather perceptively. However, I have to find some fault with his latest article, What Matters in Kansas: The Evolution of Creationism. Saletan makes the point that science is slowly winning over the public creationists, who have slowly moved into the camps of the intelligent design debaters, accepting, generally, an earth billions of years old as well as microevolution (mutation and natural selection within species). Saletan sees this as creationist theory on the verge of collapse. Hopefully, he is right. However, I'm not so sure about his other conclusion: Perversely, evolutionists refuse to facilitate this collapse. They prefer to dismiss ID proponents as dead-end Neanderthals. They complain, legitimately, that Calvert and Harris are trying to expand the definition of science beyond "natural explanations." But have you read the definition Calvert and Harris propose? It would define science as a continuous process of "observation, hypothesis testing, measurement, experimentation, logical argument and theory building to lead to more adequate explanations of natural phenomena." Abstract creationism can't qualify for such scrutiny. Substantive creationism can't survive it. Or if it can, it should.
It's too bad liberals and scientists don't welcome this test. It's too bad they go around sneering, as censors of science often have, that the new theory is too radical, offensive, or embarrassing to be taken seriously. It's too bad they think good science consists of believing the right things. In the long viewthe evolutionary viewgood science consists of using evidence and experiment to find out whether what we thought was right is wrong. If they do that in Kansas, by whatever name, that's all that matters. The problem is that what the intelligent design theorists are doing isn't science. To pretend that it is, in any fashion, is to capitulate to those who oppose science. Furthermore, can you imagine the misuse of any limited concession? Creationists and ID types all too frequently quote-mine to give the air of authority to their arguments.
Calvert and Harris define science as a continual process of "observation, hypothesis testing, measurement, experimentation, logical argument and theory building to lead to more adequate explanations of natural phenomena." However, what they don't do is exclude supernatural phenomena from the definition. Without that, the rest is essentially meaningless. You are no longer engaged in trying to create an explanation of natural phenomena, you are seeking to support an ideology. Lysenko, I think, would agree.
Indeed, intelligent design has more in common with Lysenko then it does with creationism. The science of genetics was denounced as reactionary, bourgeois, idealist and formalist. It was held to be contrary to the Marxist philosophy of dialectical materialism. Its stress on the relative stability of the gene was supposedly a denial of dialectical development as well as an assault on materialism. Its emphasis on internality was thought to be a rejection of the interconnectedness of every aspect of nature. Its notion of the randomness and indirectness of mutation was held to undercut both the determinism of natural processes and man's ability to shape nature in a purposeful way. The only difference it would appear is that creationists and intelligent design types repudiate evolution as philosophically materialist and denying god, neither of which is true.
Lysenko believed in "observation, hypothesis testing, measurement, experimentation, logical argument and theory building to lead to more adequate explanations of natural phenomena." It is just that it would all have to concur with the Marxist dialectic. Was Lysenko engaged in science? I think not. In the case of intelligent design, they promote the processes of science, just so long as it accepts supernatural explanations, which I note, isn't science anymore.
In theory, you can have scientific intelligent design theory. Let me know when someone comes up with one. Until then, their "science" is rightly repudiated.
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Self-Replicating Robots Advance
posted by Ernest Miller |
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