Muxtape finally runs afoul of the RIAA.
Muxtape will be unavailable for a brief period while we sort out a problem with the RIAA.
Update: On their blog, Muxway emphasizes that the outage is temporary:
No artists or labels have complained. The site is not closed indefinitely. Stay tuned.
This story about a "most outrageous case of neglect" was extremely difficult to read at times, but it's an amazing tale.
"It's mind-boggling that in the 21st century we can still have a child who's just left in a room like a gerbil," said Tracy Sheehan, Danielle's guardian in the legal system and now a circuit court judge. "No food. No one talking to her or reading her a story. She can't even use her hands. How could this child be so invisible?"
There's a collection of video and audio that accompanies the story as well. (via waxy)
In California, it's pretty much legal now to buy, sell, grow, and smoke pot, provided you've got the proper documentation from a doctor, which is pretty easy to get. This article from the New Yorker details the industry that's sprung up around this legalization, filled with people who, you get the feeling, really like smoking pot for recreational and not medical reasons.
The counties of California were allowed to amend the state guidelines, and the result was a patchwork of rules and regulations. Upstate in Humboldt County, the heartland of high-grade marijuana farming in California, the district attorney, Paul Gallegos, decided that a resident could grow up to ninety-nine plants at a time, in a space of a hundred square feet or less, on behalf of a qualified patient. The limited legal protections afforded to pot growers and dispensary owners have turned marijuana cultivation and distribution in California into a classic "gray area" business, like gambling or strip clubs, which are tolerated or not, to varying degrees, depending on where you live and on how aggressive your local sheriff is feeling that afternoon. This summer, Jerry Brown, the state's attorney general, plans to release a more consistent set of regulations on medical marijuana, but it is not clear that California's judges will uphold his effort. In May, the state Court of Appeal, in Los Angeles, ruled that Senate Bill 420's cap on the amount of marijuana a patient could possess was unconstitutional, because voters had not approved the limits.
Senate Bill 420! The LAPD and DEA have taken the stance that federal law takes precedence over state law and are routinely busting people for growing, selling, and possession. It'll be interesting to see what happens in the future here.
Too Weird for The Wire, a story of a number of Baltimore drug dealers and their unusual "flesh-and-blood" defense in federal court. It's a tactic used by white supremacists and other US isolationists groups in tax evasion cases and the like.
"I am not a defendant," Mitchell declared. "I do not have attorneys." The court "lacks territorial jurisdiction over me," he argued, to the amazement of his lawyers. To support these contentions, he cited decades-old acts of Congress involving the abandonment of the gold standard and the creation of the Federal Reserve. Judge Davis, a Baltimore-born African American in his late fifties, tried to interrupt. "I object," Mitchell repeated robotically. Shelly Martin and Shelton Harris followed Mitchell to the microphone, giving the same speech verbatim. Their attorneys tried to intervene, but when Harris's lawyer leaned over to speak to him, Harris shoved him away.
David Simon, I believe you've got enough here for a sixth season of The Wire. Hop to.
A list of ways to get yourself excused from the jury pool in the R. Kelly child pornography case.
I (heart) R. Kelly. Nothing gets prospective jurors booted faster than telling the prosecution they are a fan of Kelly's. Just ask the woman who called him a "musical genius." When prodded to say something negative about Kelly, the best she could come up with was: "He and [rapper] Jay-Z don't get along?" Prosecutors bounced her soon after.
Another potential juror was excused for suggesting that Kelly "led the Taliban in attacking us on 9-11".
The purpose of the Genetic Information Nondiscrimination Act of 2008:
To prohibit discrimination on the basis of genetic information with respect to health insurance and employment.
It passed the Senate earlier this year is expected to be signed into law by the President soon. No Gattaca! (via nyer conference)
<72pt text>What?</72pt text> Clarence Thomas hasn't asked a question in a Supreme Court session in over two years...that's 142 cases. Says Thomas:
One thing I've demonstrated often in 16 years is you can do this job without asking a single question.
(via clusterflock)
If anyone steals a base during the World Series, Taco Bell is going to give everyone in the US a free taco. They did something similar last year and the terms and conditions of the offer were pretty amusing.
Columbia Law School professor Tim Wu has written a really interesting 5-part series on Slate about "the laws we are allowed to break in America and why".
Tolerated lawbreaking is almost always a response to a political failure -- the inability of our political institutions to adapt to social change or reach a rational compromise that reflects the interests of the nation and all concerned parties. That's why the American statutes are full of laws that no one wants to see fully enforced -- or even enforced at all.
Topics include copyright, obsenity, and drug legalization.
Louisiana pastor Eddie Thompson feels that the media and activists have gotten the story wrong about the Jena Six. In this article, he attempts to correct some of the misconceptions and erroneous statements made about the case.
The actions of the three white students who hung the nooses demonstrate prejudice and bigotry. However, they were not just given "two days suspension" as reported by national news agencies. After first being expelled, then upon appeal, being allowed to re-enter the school system, they were sent to an alternative school, off-campus, for an extended period of time. They underwent investigations by Federal and Sate authorities. They were given psychological evaluations. Even when they were eventually allowed back on campus they were not allowed to be a part of the general population for weeks.
(thx, james)
The story of the Jena Six reveals only a small part of the discrimination in the American justice system.
The Sentencing Project, a research and advocacy group, released a state-by-state study of prison populations that identified where blacks endured the highest rates of incarceration. The top four states were South Dakota, Wisconsin, Iowa, and Vermont; the top ten included Utah, Montana, and Colorado -- not places renowned for their African-American subcultures. In the United States today, driving while black -- or shoplifting while black, or taking illegal drugs, or hitting schoolmates -- often carries the greatest risk of incarceration, in comparison to the risk faced by whites, in states where people of color are rare, including a few states that are liberal, prosperous, and not a little self-satisfied. Ex-slave states that are relatively poor and have large African-American populations, such as Louisiana, display less racial disparity.
A 1993 New Yorker story by John Seabook called The Flash of Genius is being made into a movie starring Greg Kinnear. The story revolves around Bob Kearns, the inventor of the intermittent windshield wiper and his struggle to get the US auto industry to pay him for infringing on his patent. "There's no question that Dr. Kearns' wiper circuit was interesting. He had a three-brush motor, with dynamic brake and intermittent on one speed only -- his system was a concatenation of a lot of different ideas. But we figured there was just no way in the world it was patentable. An electronic timing device was an obvious thing to try next. How can you patent something that is in the natural evolution of technology?"
BTW, the phrase "flash of genius" refers to a test of patentability enacted in 1941 saying that the act of invention had to be a "flash of creative genius" on the part of the inventor and not the result of tinkering. That standard was replaced in 1952 by the non-obviousness test.
A summary of one of the several Chinese knockoffs of Harry Potter, courtesy of the NY Times:
Snape breaks into Hogwarts and rescues Lucius Malfoy from Azkaban Prison. Harry believes that he can defeat Snape and Voldemort only by strenuously practicing charms. Professor Slughorn, inspired by a book from the East provided by Cho Chang called "Thirty-Six Strategies," devises a plan enabling Harry to seize Snape in the Ministry of Magic. But Gryffindor's sword, which hung in the headmaster's office, assassinates Professor McGonagall.
When Harry confronts Voldemort at Azkaban, the Dark Lord tries to win Harry over as a fellow descendant of Slytherin. Harry refuses, and together with Ron and Hermione, kills Voldemort instead. Now what will Harry do about his two girlfriends?
In another of the books, Harry is assisted by Gandalf. No appearances by Han and Chewy, AFAIK.
Regarding the food plagiarism business from yesterday, Ed Levine reports that he visited both restaurants yesterday and has some further thoughts on the situation. I think he nails it with this observation: "He was her right-hand man for six years, with complete and unfettered access to her creativity, recipes, craftsmanship, and even the combination to her safe. Charles is a smart, fiercely independent, tough-minded chef and businessperson who misplaced her trust when she gave her chief lieutenant all that access. McFarland, bereft of his own ideas, decided to open what is, for all intents and purposes, a clone of Pearl."
Rebecca Charles, owner of the Pearl Oyster Bar in NYC, a seafood place modeled after hundreds of similar restaurants in New England offering similar menus, is suing a former employee (of six years) for copying too closely her restaurant and menu in opening his new place, Ed's Lobster Bar.
Many parallels here to the design/art/film world...what is mere inspiration versus outright theft? The key question in these kinds of cases for me is: does the person exercise creativity in the appropriation? Did they add something to it instead of just copying or superficially changing it? Clam shacks are everywhere in New England, but an upscale seafood establishment with a premium lobster roll is a unique creative twist on that concept brought to NYC by Charles. An upscale clam shack blocks away from a nearly identical restaurant at which the owner used to work for six years...that seems a bit lame to me, not the work of a creative restaurateur. Who knows how this stuff is going to play out legally; it's a complex issue with lots of slippery slope potential.
Meg has more thoughts on the issue and Ed Levine weighs in over at Serious Eats with information not found in the NY Times article. It was Ed who first raised the issue about Ed's Lobster Bar earlier in the month.
Update: I forgot to link to the menus above. Here's the menu for Pearl Oyster Bar and here's the menu for Ed's Lobster Bar. For comparison, here are the menus for a couple of traditional clam shacks: the Clam Box in Ipswich, MA and Woodman's in Essex, MA.
A five-minute crash course in constitutional law by Walter Delinger, former Solicitor General to the Supreme Court and current law professor at Duke.
Remember the guy who was suing his dry cleaner for lost pants to the tune of $65 miilion? He lost and has to pay court costs for the dry cleaner (and may have to pay their attorney's fees as well).
Larry Lessig is shifting the focus of his work away from IP and copyright issues and toward tackling what he calls corruption. "I don't mean corruption in the simple sense of bribery. I mean 'corruption' in the sense that the system is so queered by the influence of money that it can't even get an issue as simple and clear as term extension right. Politicians are starved for the resources concentrated interests can provide. In the US, listening to money is the only way to secure reelection. And so an economy of influence bends public policy away from sense, always to dollars."
Roy Pearson, the judge who is suing his former dry cleaner for $65 million in damages for a lost pair of pants, started crying in court today when describing the moment when the dry cleaner tried to give him the wrong pants. And this was after a witness called by Pearson likened her treatment by the dry cleaners to Hitler's treatment of the Jews. The judge should have invoked Godwin and declared a mistrial. Also, nice headline from CNN: Judge aims to have pants suit ironed out next week. Haw haw.
Some lawyer is suing his dry-cleaner for $65 million because they lost his pants. God, I hate lawyers. (Not you, I like you.)
Time to lower the drinking age? "The age at highest risk for an alcohol-related auto fatality is 21, followed by 22 and 23, an indication that delaying first exposure to alcohol until young adults are away from home may not be the best way to introduce them to drink."
David Iglesias, one of the 8 federal prosecutors recently fired by the Bush administration, tells his story in the NY Times today. "The public has a right to believe that prosecution decisions are made on legal, not political, grounds."
Uncovered is Jordan Matter's large gallery of photos of topless women on the streets of NYC. It's legal for women to go topless in New York. Nsfw.
Jeffrey Toobin, the New Yorker's legal writer, has penned a piece about Google's book scanning efforts and the legal challenges it faces. Interestingly, both Google and the publishers who are suing them say that the lawsuit is basically a business negotiation tactic. However, according to Larry Lessig, settling the lawsuit might not be the best thing for anyone outside the lawsuit: "Google wants to be able to get this done, and get permission to resume scanning copyrighted material at all the libraries. For the publishers, if Google gives them anything at all, it creates a practical precedent, if not a legal precedent, that no one has the right to scan this material without their consent. That's a win for them. The problem is that even though a settlement would be good for Google and good for the publishers, it would be bad for everyone else."
Top 10 most litigious US companies from 2001-2006 (based on trademark cases): 1. Microsoft. 2. Cendent. 3. Altria/Philip Morris. 4. Best Western. 5. Dunkin' Donuts. 6. Lorillard Tobacco. 7. Levi Strauss. 8. Baskin-Robbins. 9. Chanel. 10. Nike. Found in the sidebar of this article on Levi Strauss suing other jeans companies for their triangle pockets.
This is, um, interesting: a patent application filed by the Flickr folks for the concept of interestingness.
The following is a great 2004 BBC documentary about Tetris, the man who created it, and the lengths that several companies went to in order to procure the rights to distribute it. Tetris - From Russia With Love:
Alexey Pazhitnov, a computer programmer from Moscow, created Tetris in 1985 but as the Soviet Union was Communist and all, the state owned the game and any rights to it. Who procured the rights from whom on the other side of the Iron Curtain became the basis of legal wranglings and lawsuits; the Atari/Nintendo battle over Tetris wasn't settled until 1993. There's an abbreviated version of the story, but the documentary is a lot more fun. A rare copy of the Tengen version of Tetris, which was pulled from the shelves due to legal troubles, is available on eBay for $50.
(Like this story? Digg it.)
As part of a World Series promotion, Taco Bell will give away a free taco to everyone in the United States if someone hits a home run over the left field wall in tonight's game 3. This is a big offer for a big company so of course their lawyers want to make darn sure that we know precisely what "Taco Bell" means when they say "home run", "left field", and "free taco" with an extensive list of terms and conditions. Surely the first legal document containing the phrase "a completely outside the bun idea", the T&C is a fun read, but my favorite is the first condition that you agree to if you take advantage of the offer:
...to release, Major League Baseball Properties, Inc., Major League Baseball Enterprises, Inc., MLB Advanced Media, L.P., MLB Media Holdings, Inc., MLB Media Holdings, L.P., MLB Online Services, Inc., the Office of the Commissioner of Baseball, and the Major League Baseball Clubs, and each of their respective shareholders, employees, parents, directors, officers, affiliates, representatives, agents, successors, and assigns (hereinafter, "MLB Entities") and Sponsor and their affiliates, subsidiaries, retailers, sales representatives, distributors and franchisees, and each of their officers, directors, employees and agents ("Promotional Parties"), from any and all liability, loss or damage incurred with respect to participation in this contest and/or the awarding, receipt, possession, and/or use or misuse of any Free Taco
Man, I really hope someone hits a left field home run tonight. I'm dying to see some creative misuse of free tacos.
Notes from day 3 at PopTech:
Chris Anderson talked about, ba ba baba!, not the long tail. Well, not explicitly. Chris charted how the availability of a surplus in transistors (processors are cheap), storage (hard drives are cheap), and surplus in bandwidth (DSL is cheap) has resulted in so much opportunity for innovation and new technology. His thoughts reminded me of how surplus space in Silicon Valley (in the form of garages) allowed startup entrepreneurs to pursue new ideas without having to procure expensive commercial office space.
Quick thought re: the long tail...if the power law arises from scarcity as Matt Webb says, then it would make sense that the surplus that Anderson refers to would be flattening that curve out a bit.
Roger Brent crammed a 60 minute talk into 20 minutes. It was about genetic engineering and completely baffling...almost a series of non sequiturs. "Centripital glue engine" was my favorite phrase of the talk, but I've got no idea what Brent meant by it.
Homaro Cantu gave a puzzling presentation of a typical meal at his Chicago restaurant, Moto. I've seen this presentation twice before and eaten at Moto; all three experiences were clear and focused on the food. This time around, Cantu didn't explain the food as well or why some of the inventions were so cool. His polymer box that cooks on the table is a genuinely fantastic idea, but I got the feeling that the rest of the audience didn't understand what it was. Cantu also reiterated his position on copyrighting and patenting his food and inventions. Meg caught him saying that he was trying to solve the famine problem with his edible paper, which statement revealed two problems: a) famines are generally caused by political issues and therefore not solvable by new kinds of food, printed or otherwise, and b) he could do more good if he open sourced his inventions and let anyone produce food or improve the techniques in those famine cases where food would be useful.
Richard Dawkins gave part of his PopTech talk (the "queerer than we can suppose" part of it) at TED in 2005 (video).
Bob Metcalfe's wrap-up of the conference was a lot less contentious than in past years; hardly any shouting and only one person stormed angrily out of the room. In reference to Hasan Elahi's situation, Bob said that there's a tension present in our privacy desires: "I want my privacy, but I need you to be transparent." Not a bad way of putting it.
Serena Koenig spoke about her work in Haiti with Partners in Health. Koening spoke of a guideline that PIH follows in providing healthcare: act as though each patient is a member of your own family. That sentiment was echoed by Zinhle Thabethe, who talked about her experience as an HIV+ woman living in South Africa, an area with substandard HIV/AIDS-related healthcare. Thabethe's powerful message: we need to treat everyone with HIV/AIDS the same, with great care. Sounds like the beginning of a new Golden Rule of Healthcare.
2.7 billion results for "blog" on Google. Blogs: bigger than Jesus.
Regarding the debate over copyrights and food, people in fashion are having the same discussion. "In an industry where many designers come out with similar looks each season -- and where inspiration is said to be 'in the air' -- designers and the thriving knockoff industry are hotly debating the issue." (thx, richard)
Pete Wells writes in Food and Wine about recipes, copyrights, and patents. Meg picks up the thread and argues that copyrighting recipes would stifle innovation, not promote it, rewarding mostly the lawyers who insert themselves between our food and mouths. A commenter says, "By nature, food people are generous of spirit, and recognize that the great fun of food is in the sharing."
Google is not starting to become concerned about their name being used as a generic verb meaning "to search"; they've been concerned for more than 3 years (more here). This movement to expose Google as big, dumb, and humorless strikes me as big, dumb, and humorless.
Speaking of brand genericide, Heroin was actually a brand name trademarked by the Bayer drug company. (thx chris, who joked, "Can I interest you in some Heroin brand morphine substitute?")
Harris Interactive recently released a list of products ranked by brand equity, a measure of the brand's popularity with US consumers. Here's the top 10:
1. Reynolds Wrap Aluminum Foil
2. Ziploc Food Bags
3. Hershey's Milk Chocolate Candy Bars
4. Kleenex Facial Tissues
5. Clorox Bleach
6. WD-40 Spray Lubricant
7. Heinz Ketchup
8. Ziploc Containers
9. Windex Glass Cleaner
10. Campbell's Soups
Marketing can be a double-edged sword. The companies who manufacture these products have done a fantastic job in marketing these products, so fantastic in some cases that the brand name is in danger of becoming a genericized trademark. From the list above, I routinely use Ziploc, Kleenex, WD-40, and Windex to refer to the generic versions of those products, even though we sometimes use Glad products instead of Ziploc, Puffs instead of Kleenex, or another glass cleaner instead of Windex. If the companies on this list aren't careful, they could lose the trademarked products that they've worked so hard to market so successfully.
Here's a list of American proprietary eponyms, or brand names that have fallen into general use. Some of the names on the list are so old or in such common use (escalator, popsicle) that I didn't even know they had been brands. Two current brands I can think of that might be in danger of genericide: iPod and Google. (via rw)
The WSJ hosts a DRM debate between Fritz Attaway of the MPAA and Wendy Seltzer of the EFF. "Digital rights management is the key to consumer choice." Zur? Are those irritating anti-theft packaging stickers on DVDs the key to consumer choice as well?
Mexican president Vicente Fox didn't sign the bill legalizing small quantities of drugs for personal use because of US pressure due to drug tourism fears. What I don't understand is...why not just make it legal for Mexican citizens to allay US fears? Besides, anyone who goes to Mexico for drugs can get them if they want anyway, law or no.
Michael Crichton on the sad state of patents in the US, particularly those related to medicine. "Any doctor who reads a patient's test results and even thinks of vitamin deficiency infringes the [homocysteine/B-12] patent. A federal circuit court held that mere thinking violates the patent."
Because of the Eolas patent crap, Microsoft is updating Internet Explorer so that you need to click to "activate" any Flash or Quicktime applet. There's a workaround that involves replacing all your <object> <embed> and <applet> tags with JavaScript functions that write those tags. This is going to make a lot of web sites a pain in the ass to use with IE and developers are going to have to modify a lot of code. What a nightmare. (thx, dunstan)
It's so easy for people to get all ranty and unbalanced about the MPAA, movie piracy, and copyright issues...Derek has a refreshingly clear and steady take on the issues involved and how the industry middlemen are making things hard for everyone but themselves.
I was recently wondering if any of the Creative Commons licenses had been upheld in court; a CC license was recently upheld in a Dutch courtroom.
Rogers Cadenhead, after receiving a letter from Dave Winer's attorney: "I've never been more retroactively embarrassed to have paid someone a compliment in my life."
Andy got a cease and desist from Bill Cosby's legal team for hosting the satirical House of Cosbys videos, and he's going to fight it. "More than anything, this strikes me as a special kind of discrimination against amateur creators on the Internet. Mad Magazine, Saturday Night Live, South Park, The Simpsons, Family Guy, and countless other mainstream media sources have parodied Bill Cosby over the years."
Meghann Marco, the woman who was upset at her publishing company for 1) not putting her book on Google Print, and 2) instead suing Google, has finally gotten her book listed on Google Print.
The fashion industry doesn't try to control its creativity the way that the music and film industries do. "The fashion world recognizes that creativity cannot be bridled and controlled and that obsessive quests to do so will only diminish its vitality. Other content industries would do well to heed this wisdom."
This guy has had enough of the pre-exit receipt checking at Best Buy (you're under no legal obligation to comply) but is hassled by Best Buy employees about seeing his receipt all the way out to the parking lot.
Andreas Pavel was the inventor of the portable music player (aka Walkman). "I was in the woods in St. Moritz, in the mountains. The snow was falling down. I pressed the button, and suddenly we were floating. It was an incredible feeling, to realize that I now had the means to multiply the aesthetic potential of any situation."
Scott Nelson produces a "tribute brand" called MIKE that's an homage to Michael Jordan, Nike branding, and shoes. After looking at his products (photos and interviews here and here), I'm amazed Nike hasn't sued him back to the Stone Age. Nelson's site is mike23.com.
"no sampling, please", a photoset depicting binge-sampling of nearly everything in sight, contrary to posted signage.
On the copyright of recipes. Recipes are covered by US copyright law but not very well and very few suits get brought against those who republish them without permission. For the most part, it sounds like food folks recognize the essential remix culture of cooking. (via
The Dover, PA evolution vs. intelligent design ends with the judge ruling against the teaching of ID in the classroom because it violated the "constitutional ban on teaching religion in public schools". "We find that the secular purposes claimed by the board amount to a pretext for the board's real purpose, which was to promote religion."
Surowiecki on the sorry state of the US patent system. "Since the [USPTO] is funded by patent fees, as opposed to getting its budget from Washington, it has a financial incentive to process applications as quickly, rather than as diligently, as possible."
Support the EFF and the rights of bloggers by putting a badge on your site. Here's a list of things that the EFF is fighting for on behalf of bloggers.
The 419 Nigerian spammers are getting smarter. This letter I received the other day offered URL references:
Dear Friend,
I am Larisa Sosnitskaya and I represent Mr. Mikhail Khordokovsky the former C.E.O of Yukos Oil Company in Russia. I have a very sensitive and confidential brief from this top (oligarch) to ask for your partnership in re-profiling funds US$46 Million. I will give the details, but in summary, the funds are coming via Bank Menatep. This is a legitimate transaction. You will be paid 20% as your commison/compensation for your active efforts and contirbution to the success of this transaction.
You can catch more of the story on This website below or you can watch more of CCN or BBC to get more news about my boss.
http://www.mosnews.com/mn-files/khodorkovsky.shtml
http://www.mbktrial.com/
http://news.bbc.co.uk/1/hi/business/3213505.stm
http://www.themoscowtimes.com/stories/2005/04/11/041.html
http://www.nndb.com/people/633/000025558/If you are interested, please do indicate by providing me with your confidential telephone number, fax number and email address and I will provide further details and instructions. Please keep this confidential as we cannot afford more political problems. Please do send me your response as soon as possible via my personal email :larisacoll@walla.com OR larisacoll@netscape.com.
look forward to it.
Regards,
Larisa Sosnitskaya
Seems like pretty good evidence to me...where do I send the check?
**That's right, evolution. Sit on it, Potsie.
George Dyson visits Google on the 60th anniversary of John von Neumann's proposal for a digital computer. A quote from a Googler -- "We are not scanning all those books to be read by people. We are scanning them to be read by an AI." -- highlights a quasi-philosophical question about Google Print...if a book is copied but nobody reads it, has it actually been copied? (Or something like that.)
Our short national nightmare is over, Harriet Miers has withdrawn her nomination for the Supreme Court (her letter). However, our long national nightmare still has 1181 days to go.
Parable about Google's Library Project and copyright (discussed here last week). "All I have to do is borrow the CDs or DVDs, downloaded music or video or whatever, copy them, and then offer some sort of 'fair use' excerpt index service, just like Google is doing with the books. It's the perfect gimmick."
I got an email this morning from a kottke.org reader, Meghann Marco. She's an author and struggling to get her book out into the hands of people who might be interested in reading it. To that end, she asked her publisher, Simon & Schuster, to put her book up on Google Print so it could be found, and they refused. Now they're suing Google over Google Print, claiming copyright infringement. Meghann is not too happy with this development:
Kinda sucks for me, because not that many people know about my book and this might help them find out about it. I fail to see what the harm is in Google indexing a book and helping people find it. Anyone can read my book for free by going to the library anyway.
In case you guys haven't noticed, books don't have marketing like TV and Movies do. There are no commercials for books, this website isn't produced by my publisher. Books are driven by word of mouth. A book that doesn't get good word of mouth will fail and go out of print.
Personally, I hope that won't happen to my book, but there is a chance that it will. I think the majority of authors would benefit from something like Google Print.
She has also sent a letter of support to Google which includes this great anecdote:
Someone asked me recently, "Meghann, how can you say you don't mind people reading parts of your book for free? What if someone xeroxed your book and was handing it out for free on street corners?"
I replied, "Well, it seems to be working for Jesus."
And here's an excerpt of the email that Meghann sent me (edited very slightly):
I'm a book author. My publisher is suing Google Print and that bothers me. I'd asked for my book to be included, because gosh it's so hard to get people to read a book.
Getting people to read a book is like putting a cat in a box. Especially for someone like me, who was an intern when she got her book deal. It's not like I have money for groceries, let alone a publicist.
I feel like I'm yelling and no one is listening. Being an author can really suck sometimes. For all I know speaking up is going to get me blacklisted and no one will ever want to publish another one of my books again. I hope not though.
[My book is] called 'Field Guide to the Apocalypse' It's very funny and doesn't suck. I worked really hard on it. It would be nice if people read it before it went out of print.
As Tim O'Reilly, Eric Schmidt, and Google have argued, I think these lawsuits against Google are a stupid (and legally untenable) move on the part of the publishing industry. I know a fair number of kottke.org readers have published books...what's your take on the situation? Does Google Print (as well as Amazon "Search Inside the Book" feature) hurt or help you as an author? Do you want your publishing company suing Google on your behalf?
Not from The Onion: US biochemistry professor admits that astrology would be considered valid science according to his own personal definition. Said a spectator of Pennsylvania ID trial: "I can't believe he teaches a college biology class".
Twenty percent of the human genome is patented. I expect that someday in the future, my morning will be interrupted by a lawyer telling me that the company he represents holds a patent on the biochemical conversion of foodstuffs to energy suitable for powering a biological organism and that I should cease and desist eating my Cheerios.
The right of Conde Nast to sell The Complete New Yorker (which is completely awesome from a content standpoint, BTW) without paying authors for republish rights is a gray area legally. National Geographic has stopped selling a similar collection because of the unsure legal terrain.
Librarian gets even with an annoying junk faxer and even gets the guy's airplane seized...and all the proceeds from the sale will go to the Leukemia Society.
Tim O'Reilly op-ed about the Authors Guild's lawsuit against Google regarding their Library Project. "Obscurity is a far greater threat to authors than copyright infringement, or even outright piracy". The op-ed follows Tim's earlier post on the subject.
An ethical will is a good way to pass on your values to your descendants. Here's a template and some advice to get you started.
Tattoo copyrights and lawsuits. David Beckham is being threatened with a lawsuit by his tattooist should he and his wife "go ahead with a promotional campaign highlighting their body art".
Ugh, riders on the NYC subway are going to have their bags randomly searched by the NYPD. "People who do not submit to a search will be allowed to leave, but will not be permitted into the subway station." What the fuck?!?
Another use for Google Maps: getting out of traffic tickets in the courtroom. Many traffic cases are decided in favor of the state because of a lack of information on the part of the defendant...you'd be surprised at how good a chance you have of fighting a ticket if you show up armed with good information.
Coke is using 500,000 liters of water/day in India despite water shortages. Coke is threatening to sue a photographer who put up a billboard critical of that water usage.
Sandra Day O'Connor resigns from the Supreme Court. Good news for conservatives, I guess.
Nike is catching some shit for appropriating some imagery for one of their skateboarding events from a 1984 album cover by Dischord Records' Minor Threat. Dischord is alledging that Nike stole the image:
No, they stole it and we're not happy about it. Nike is a giant corporation which is attempting to manipulate the alternative skate culture to create an even wider demand for their already ubiquitous brand. Nike represents just about the antithesis of what Dischord stands for and it makes me sick to my stomach to think they are using this explicit imagery to fool kids into thinking that the general ethos of this label, and Minor Threat in particular, can somehow be linked to Nike's mission. It's disgusting.
Here are the images (original on the left):
Setting aside the difference in philosophy between the two parties, this is obviously an homage on Nike's part (or rather, on the part of the designers working on this campaign for Nike...they probably love skating and that album and are paying their respects). Graphic design, filmmaking, pop culture, and music is full of stuff like this...sampling and ripping and riffing and homages are all part of the deal. Seems like a punk label like Dischord should be aware of that but in the above quote they sound more like a big company afraid of losing their intellectual property. Isn't punk all about taking without permission? Or does that not apply when you don't like the folks doing the taking? Lighten up, Dischord.
Update: Nike has apologized for producing the poster. Lame.
Update #2: I'm getting a ton of mail about this, the most about a single post in quite awhile. Without exception, you all disagree with me.
Supreme Court rules that file-sharing companies can be sued for what their users do with their service. Next up, gun companies being liable for murders committed with their products.
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 America's most famous lawyers, he's put his own past on trial to make sure such a thing never happens again."
Microsoft is sponsoring a short film contest called Thought Thieves about intellectual property theft. And the entry form states: "I will formally license on terms acceptable to Microsoft, all intellectual property rights in my film and agree to waive all moral rights in relation to my film if requested to do so". Heh.
A quick take on Apple's control freakishness. "Running a tightly controlled company has worked well for Jobs. But being a little out of control can pay dividends, too - by fostering creative freedom, not to mention goodwill. Jobs need only look at his own slogans. Life Is Random. Enjoy Uncertainty. At Apple, this is marketing, not a way of life."
Keeping tabs on Martha Stewart on parole. Is attending a dinner party "essential employment"?
kottke.org is a weblog about the liberal arts 2.0 edited by Jason Kottke since March 1998. You can read about me and kottke.org here. If you've got questions, concerns, or an interesting link for me, send them along. Here's the kottke.org RSS feed 
.
copyright patents movies books supremecourt music tv journalism racism baseball lists genetics sports tacobell jena6
Advertise on kottke.org via The Deck.
Many posts on kottke.org have been "tagged" with keywords, which activity results in collections of related posts like sports, infoviz, or bestof.
swimming olympics photography movies video sports trackandfield design lists books tv art food science language
movies photography books nyc science food lists design business sports video weblogs music bestof art
photography economics lists bestof infoviz food nyc firstworldproblems cities restaurants video timelapse interviews language maps fashion nsfw remix
sunshine prison cities barcade marypoppins lifeafterpeople realestate cars fundraising hosseinderakhshan fridakahlo sony pentagram movies im
You're visiting kottke.org. All content by Jason Kottke (contact me) unless otherwise noted, with some restrictions on its use. Good luck will come to those who dig around in the archives. If you've reached this point by accident, I suggest panic.
