The Gloucestershire-based photographer now claims that the decision is jeopardising his income as anyone can take the image and publish it for free, without having to pay him a royalty. He complained to Wikimedia that he owned the copyright of the image, but a recent transparency report from the group, which details all the removal requests it has received, reveals that editors decided that the monkey itself actually owned the copyright because it was the one that pressed the shutter button.
But shouldn’t Wikipedia take it down anyway because they don’t have the monkey’s permission to release the photo into the public domain? (I mean, probably not…monkeys don’t have any rights under the law, yes?) (via @capndesign)
Update: A previous version of this post stated that Wikipedia said that the monkey held the copyright. They said no such thing…that was my poor paraphrase. In the US at least, monkeys obviously can’t hold copyrights. From the Compendium II of Copyright Office Practices, section 202.02(b) states:
The term “authorship” implies that, for a work to be copyrightable, it must owe its origin to a human being. Materials produced solely by nature, by plants, or by animals are not copyrightable.
Interesting phrase, “owe its origin to”…perhaps Slater has a point. (via @stvnrlly)
The US Copyright Office, in a 1,222-page report discussing federal copyright law, said that a “photograph taken by a monkey” is unprotected intellectual property.
“The Office will not register works produced by nature, animals, or plants. Likewise, the Office cannot register a work purportedly created by divine or supernatural beings, although the Office may register a work where the application or the deposit copy state that the work was inspired by a divine spirit,” said the draft report, “Compendium of US Copyright Office Practices, Third Edition.”
Update: PETA has filed a lawsuit on behalf of the monkey photographer, seeking to award the copyright and any sales proceeds to the monkey. Alt headline: PETA Thinks Famous Monkey Photographer Is Too Stupid To Manage Own Money.
Hi, everybody! Tim Carmody here, guest-hosting for Jason this week.
On Monday, I tried to list some reasons why OKCupid’s self-acknowledged experiments on its users didn’t seem to be stirring up the same outrage that Facebook’s had. Here at the end of the week, I think I was largely right: fewer people are upset, the anger is more tempered, and that has a lot to do with the reasons I gave. But one reaction I didn’t expect is that some people took it as saying that I wasn’t upset by what OKCupid did, or that people shouldn’t be as upset by it.
What OKCupid did has actually made me madder and madder as the week’s gone on, but for reasons that are different from other people’s. I think this is pretty important, so I’m going to try to explain why.
Let’s start with the Facebook “social contagion” study. Most Facebook critics focused on the people who were the subjects of the study, for good reasons. Did these users give consent? Can terms of service count as consent for an academic study? Should they have been informed of the study afterwards? Is Facebook responsible for any harm these users might have suffered? Is an increase or decrease in engagement really a sign that users’ emotions were affected? How else has Facebook attempted to influence its users, or might try in the future? These are all good questions.
But what if you flip it around? What if you weren’t one of the subjects whose moods Facebook was trying to study, but one of their friends or family? What if you were one of the people whose posts were filtered because your keywords were too happy, too angry, or too sad?
It’s a small thing, but I haven’t seen anybody discuss the Facebook emotion study from the perspective of authors of the filtered posts.
I think there’s no way to know whether the Facebook study may have harmed people who weren’t being studied. And even though the TOS basically says that users give Facebook permission to do whatever they want not only with the users’ data, but all of their friends’ too, you can’t call that consent with a straight face. (This is just another reason that software terms of service are a rotten legal and ethical basis for research. They just weren’t built for that reason, or to solve any of those problems.)
So Facebook didn’t just mess around with some of its users’ feeds, hoping to see if it might mess around with their feelings. It used some of its users’ posts in order to do it. Arguably, it made them complicit.
To be clear, filtering posts, giving preference to some and not others, is how Facebook’s newsfeed algorithm always works. Facebook users have been complaining about this for a long time, especially brands and news organizations and other companies who’ve built up their subscriber counts and complain that hardly anybody ever sees their posts unless they pay off Facebook’s ad department. And Facebook makes no guarantees, anywhere, that they’re going to deliver every message to every user who’s subscribed to it. Readers miss posts all the time, usually just because they’re just not looking at the screen or reading everything they could see. Facebook isn’t certified mail. It’s not even email. All this is known.
However.
We all buy in to Facebook (and Twitter, and OKCupid, and every other social media network), giving them a huge amount of personal data, free content, and discretion on how they show it to us, with the understanding that all of this will largely be driven by choices that we make. We build our own profiles, we select our favorite pictures, we make our own friends, we friend whatever brands we like, we pick the users we want to block or mute or select for special attention, and we write our own stories.
Even the filtering algorithms, we’re both told and led to assume, are the product of our choices. Either we make these choices explicitly (mute this user, don’t show me this again, more results like these) or implicitly (we liked the last five baby pictures, so Facebook shows us more baby pictures; we looked at sites X, Y, and Z, so we see Amazon ads for people who looked at X, Y, and Z. It’s not arbitrary; it’s personalized. And it’s personalized for our benefit, to reflect the choices that we and the people we trust have made.
This is what makes the user-created social web great. It’s the value it adds over traditional news media, traditional classified ads, traditional shopping, everything.
This is why it really stings whenever somebody turns around and says, “well actually, the terms you’ve signed give us permission to do whatever we want. Not just the thing you were afraid of, but a huge range of things you never thought of.” You can’t on one hand tell us to pay no attention when you change these things on us, and with the other insist that this is what we’ve really wanted to do all along. I mean, fuck me over, but don’t tell me that I really wanted you to fuck me over all along.
Because ultimately, the reason you needed me to agree in the first place isn’t just because I’m using your software, but because you’re using my stuff. And the reason I’m letting you use my stuff, and spending all this time working on it, is so that you can show it to people.
I’m not just a user of your service, somebody who reads the things that you show it to me: I’m one of the reasons you have anything that you can show to anyone at all.
Now let’s go back to the OKCupid experiment. Facebook didn’t show some of its users posts that their friends wrote. But at least it was a binary thing: either your post was shown, just as you wrote it, or it wasn’t. OKCupid actually changed the information it displayed to users.
You can pick nits and say OKC didn’t change it, but rather, just selectively repressed parts of it, deleting photos on some profiles and text on others. But if you’ve ever created a profile on any web site, you know that it’s presented as being a whole ensemble, the equivalent of a home page. The photos, the background, the description, the questions you answer: taken altogether, that’s your representation of yourself to everyone else who may be interested. It’s the entire reason why you are there.
Now imagine you’re an OKCupid user, and you strike up a conversation with someone or someone strikes up a conversation with you. You assume that the other person has all of your information available to them if they’re willing to look at it. That’s the basis of every conversation you have on that site. Except they don’t. The profile that OKCupid has implicitly promised they’ll show to everyone who looks at it has been changed. The other person either doesn’t know what you look like (and assumes you can’t be bothered to post a photo) or doesn’t know anything else about you (and assumes you can’t be bothered to write anything about yourself.) Both of you have been deceived, so the site can see what happens.
This is why I question the conclusion that OKC users who were only shown profiles with pictures are shallow, because their conversations were almost as long as the ones who were shown full profiles. This is how I imagine those conversations going:
Rosencrantz: So what do you do? Guildenstern: Um I work in marketing? Rosencrantz: That’s great! Where did you go to school? Guildenstern: I went to UVA Guildenstern: Wait a minute are you some kind of bot? Rosencrantz: What makes you say that? Guildenstern: You keep asking me questions that are in my profile, did you even read it Rosencrantz: I’m looking at it right now, why didn’t you answer any of the questions Guildenstern: lol I guess you can’t read nice pic though goodbye
That’s a high-value interaction by the OKC researchers’ standards, by the way.
This is also why I don’t have much patience with the idea that “The worst thing could have happened [with the OkCupid testing] is people send a few more messages, and maybe you went on a date you didn’t like.” (Rey Junco told this to ReadWrite to explain why he thought Facebook’s study was worse than OKCupid’s, but you see versions of this all over.)
First, going on “a date you didn’t like” isn’t a frivolous thing. It definitely incurs more material costs than not seeing a Facebook status. And bad (or good) messages or a bad or good date can definitely have a bigger emotional impact as well.
More importantly, though, don’t make this just a question about dates or feelings, about what somebody did or didn’t read and what its effect on them was. I don’t care if you think someone making a dating profile is a frivolous thing. Somebody made that. They thought the company hosting it could be trusted to present it honestly. They were wrong.
So this is the problem I see not just with Facebook and OKCupid’s experiments, but with most of the arguments about them. They’re all too quick to accept that users of these sites are readers who’ve agreed to let these sites show them things. They don’t recognize or respect that the users are also the ones who’ve made almost everything that those sites show. They only treat you as a customer, never a client.
And in this respect, OKCupid’s Christian Rudder and the brigade of “and this surprises you?” cynics are right: this is what everybody does. This is the way the internet works now. (Too much of it, anyway.) It doesn’t matter whether your site is performing interventions on you or not, let alone publishing them. Too many of them have accepted this framework.
Still, for as long as the web does work this way, we are never only these companies’ “products,” but their producers, too. And to the extent that these companies show they aren’t willing to live up to the basic agreement that we make these things and give them to you so you will show them to other people — the engine that makes this whole world wide web business go — I’m not going to have anything to do with them any more. What’s more, I’ll get mad enough to find a place that will show the things I write to other people and tell them they shouldn’t accept it either. Because, ultimately, you ought to be ashamed to treat people and the things they make this way.
Rudder says some of the negative response “is my own fault, because, y’know, the blog post is sensationally written, for sure.” But he doesn’t back off of that tone one bit. In fact, he doubles down.
Alex Goldman: Have you thought about bringing in, say, like an ethicist to, to vet your experiments?
Christian Rudder, founder of OkCupid: To wring his hands all day for a hundred thousand dollars a year?… This is the only way to find this stuff out. If you guys have an alternative to the scientific method, I’m all ears.
I think he maybe should have just written the blog post and left it alone.
Update: University of Maryland Professor of Law James Grimmelmann say that not only were OKCupid’s and Facebook’s studies unethical, but they were illegal.
Most of the resulting discussion has treated this as a story about ethics. Which it is — and the lapses of ethical judgment shown by Facebook and OkCupid are scandalous. But the ethics are only half of the story. What Facebook and OkCupid did wasn’t just unethical. It was illegal. A common assumption is that even if research laws ought to apply to private companies, they don’t. But that assumption is false. Facebook and OkCupid are bound by research laws, and those research laws quite clearly prohibit what they did.
Sometime earlier this year, Scott Kildall and Brian Sera used archival photos of the hard-to-find set, turned them into 3D models of the chess pieces, and made a pattern for 3D printing your own set:
Something tells me Duchamp would have loved this whole thing.
Update: Welllllll, Duchamp may have loved this, but his estate definitely did not. Duchamp’s estate sent Kildall and Sera a cease and desist letter, forcing them to remove the 3D models from Thingiverse. Which, the irony! So, Kildall and Sera, riffing on Duchamp’s mustachioed Mona Lisa, have created a set of six 3D-printed chess pieces with mustaches modeled on the Duchamp set. Fantastic.
The five men whose convictions in the brutal 1989 beating and rape of a female jogger in Central Park were later overturned have agreed to a settlement of about $40 million from New York City to resolve a bitterly fought civil rights lawsuit over their arrests and imprisonment in the sensational crime.
The agreement, reached between the city’s Law Department and the five plaintiffs, would bring to an end an extraordinary legal battle over a crime that came to symbolize a sense of lawlessness in New York, amid reports of “wilding” youths and a marauding “wolf pack” that set its sights on a 28-year-old investment banker who ran in the park many evenings after work.
A new study finds that insider trading is much worse than commonly thought: a quarter of all public company deals may involve some kind of insider trading. From the NY Times:
The professors examined stock option movements — when an investor buys an option to acquire a stock in the future at a set price — as a way of determining whether unusual activity took place in the 30 days before a deal’s announcement.
The results are persuasive and disturbing, suggesting that law enforcement is woefully behind — or perhaps is so overwhelmed that it simply looks for the most egregious examples of insider trading, or for prominent targets who can attract headlines.
The professors are so confident in their findings of pervasive insider trading that they determined statistically that the odds of the trading “arising out of chance” were “about three in a trillion.” (It’s easier, in other words, to hit the lottery.)
Only about 5% of the deals are ever litigated by the SEC. (via mr)
Yesterday, there was a wall of Tesla patents in the lobby of our Palo Alto headquarters. That is no longer the case. They have been removed, in the spirit of the open source movement, for the advancement of electric vehicle technology.
Tesla Motors was created to accelerate the advent of sustainable transport. If we clear a path to the creation of compelling electric vehicles, but then lay intellectual property landmines behind us to inhibit others, we are acting in a manner contrary to that goal. Tesla will not initiate patent lawsuits against anyone who, in good faith, wants to use our technology.
Damn good move for a damn good reason. It’s impressive to watch this company in action.
Update: I read that last line quoted above again and perhaps “abandoned” is too strong a word. Glenn Fleishman notes on Twitter:
They did not abandon their patents. They aren’t apparently even licensing them. They are stating they won’t sue except defensively. The devil is in the details. Twitter released a complete framework of their policy when they announced the same thing.
Hopefully Musk and co. will clarify what they mean by “in good faith”.
You find it at the bottom of movie posters and often at the end of movie trailers. In an Op-Art piece from last year, Ben Schott explains how the billing block is carefully constructed with information from contracts and legal agreements.
The content, order and format of the billing block are governed by two things: personal service contracts with cast and crew, and industrywide agreements with professional guilds — notably the Directors Guild of America (D.G.A.) and the Writers Guild of America (W.G.A.). Thus, while some elements of the billing block remain consistent, others depend of the type of film and on individual negotiations. That said, there has been a marked inflation in billing block credits. An “Ocean’s 11” poster from 1960 credited just three noncast individuals; the 2001 remake poster credited, coincidentally, 11.
Type designer Tobias Frere-Jones claims he has been cheated out of his half of the company by his business partner, Jonathan Hoefler. In a blistering lawsuit filed today in New York City, Frere-Jones says he was duped into transferring ownership of several fonts, including the world-famous Whitney, to Hoefler & Frere-Jones (HFJ) on the understanding that he would own 50% of the company.
“In the most profound treachery and sustained exploitation of friendship, trust and confidence, Hoefler accepted all of the benefits provided by Frere-Jones while repeatedly promising Frere-Jones that he would give him the agreed equity, only to refuse to do so when finally demanded,” the suit claims.
The full complaint is here. A descendant of Whitney (Whitney ScreenSmart) is what you’re reading right now and I was an early beta tester of H&FJ’s webfont service. This is gobsmacking news…I have no idea what to think about it. What a sad and strange situation. (via @khoi)
Last week, designer Tobias Frere-Jones, a longtime employee of The Hoefler Type Foundry, Inc. (d/b/a “Hoefler & Frere-Jones”), decided to leave the company. With Tobias’s departure, the company founded by Jonathan Hoefler in 1989 will become known as Hoefler & Co.
In a decision issued on Monday, the judge, Shira A. Scheindlin, ruled that police officers have for years been systematically stopping innocent people in the street without any objective reason to suspect them of wrongdoing. Officers often frisked these people, usually young minority men, for weapons or searched their pockets for contraband, like drugs, before letting them go, according to the 195-page decision.
These stop-and-frisk episodes, which soared in number over the last decade as crime continued to decline, demonstrated a widespread disregard for the Fourth Amendment, which protects against unreasonable searches and seizures by the government, according to the ruling. It also found violations with the 14th Amendment.
To fix the constitutional violations, Judge Scheindlin of Federal District Court in Manhattan said she intended to designate an outside lawyer, Peter L. Zimroth, to monitor the Police Department’s compliance with the Constitution.
This is good news. Treating every young black male in the city like a criminal is not a policing strategy and it’s embarrassing it has gone on this long. This kind of thing, along with the recent NSA revelations and other issues, make me wonder if “innocent until proven guilty” is still something the US citizenry and its law enforcement agencies still believe in. (via @beep)
Many who live and work in the neighborhoods say they see scant evidence of change, and some say the police are simply not reporting some or all of their stops. The police did not respond to requests for comment.
But something is clearly different: Misdemeanor drug and weapon charges, the most common arrests to result from a stop, are down considerably. Advocates say misdemeanor marijuana charges, which require that the drug is in plain sight, are a bellwether, because the police ordered thousands to empty pockets, and arrested them.
I’ll reserve judgement until the numbers from 2014 are in, particularly those post-Bloomberg.
I’m in scenarios all the time in which primitive, exotic-looking me — six-foot-two, 300 pounds, uncivilized Afro, for starters — finds himself in places where people who look like me aren’t normally found. I mean, what can I do? I have to be somewhere on Earth, correct? In the beginning — let’s say 2002, when the gates of “Hey, Ahmir, would you like to come to [swanky elitist place]?” opened — I’d say “no,” mostly because it’s been hammered in my DNA to not “rock the boat,” which means not making “certain people” feel uncomfortable.
I mean, that is a crazy way to live. Seriously, imagine a life in which you think of other people’s safety and comfort first, before your own. You’re programmed and taught that from the gate. It’s like the opposite of entitlement.
Reading about this case and the reaction to it has been a series of gut punches this week.
Friedman, his supporters and the makers of the Academy Award-nominated documentary have long maintained he was railroaded into pleading guilty to charges he molested 13 kids in the late 1980s, and were expecting the report to exonerate him.
It did the opposite.
Friedman, they found, was labeled a “psychopathic deviant” by his own shrink, and had actually sexually abused a total of 17 children.
“The District Attorney concludes that Jesse Friedman was not wrongfully convicted,” the blistering 172-page report says.
“In fact, by any impartial analysis, the investigation process prompted by Jesse Friedman … has only increased confidence in the integrity of Jesse Friedman’s guilty plea adjudication as a sex offender.”
The panel said it interviewed three of Friedman’s now-adult victims. “Each confirmed that he was sexually abused by Jesse Friedman. Each told their separate story, marked by pain and recovery,” and “recounted years of shame and humiliation,” the report said.
The case involved Myriad Genetics Inc., which holds patents related to two genes, known as BRCA1 and BRCA2, that can indicate whether a woman has a heightened risk of developing breast cancer or ovarian cancer.
Justice Clarence Thomas, writing for the court, said the genes Myriad isolated are products of nature, which aren’t eligible for patents.
The high court’s ruling was a win for a coalition of cancer patients, medical groups and geneticists who filed a lawsuit in 2009 challenging Myriad’s patents. Thanks to those patents, the Salt Lake City company has been the exclusive U.S. commercial provider of genetic tests for breast cancer and ovarian cancer.
The challengers argued the patents have allowed Myriad to dictate the type and terms of genetic screening available for the diseases, while also dissuading research by other laboratories.
The song “Space Oddity” is under copyright protection in most countries, and the rights to it belong to Mr Bowie. But compulsory-licensing rights in many nations mean that any composition that has been released to the public (free or commercially) as an audio recording may be recorded again and sold by others for a statutorily defined fee, although it must be substantively the same music and lyrics as the original. But with the ISS circling the globe, which jurisdiction was Commander Hadfield in when he recorded the song and video? Moreover, compulsory-licensing rights for covers of existing songs do not include permission for broadcast or video distribution. Commander Hadfield’s song was loaded onto YouTube, which delivers video on demand to users in many countries around the world. The first time the video was streamed in each country constituted publication in that country, and with it the potential for copyright infringement under local laws. Commander Hadfield could have made matters even more complicated by broadcasting live as he sang to an assembled audience of fellow astronauts for an onboard public performance while floating from segment to segment of the ISS.
We live in a world where sending a guitar into space is trivial while ironing out rights agreements is the tough part. (via waxy)
“It took the case and decided it at a time when it was still a big election issue,” O’Connor said during a talk with the Chicago Tribune’s Editorial Board on Friday. “Maybe the court should have said, ‘We’re not going to take it, goodbye.’”
The case, she said, “stirred up the public” and “gave the court a less than perfect reputation.”
“Obviously the court did reach a decision and thought it had to reach a decision,” she said. “It turned out the election authorities in Florida hadn’t done a real good job there and kind of messed it up. And probably the Supreme Court added to the problem at the end of the day.”
Feeling totally depressed and sad and useless about this: the NRA wins again.
After Sandy Hook, after twenty children were shot and killed at a place where they should have been safe from all harm, there was some optimism among supporters of gun control: perhaps now, finally, both Democrats and Republicans could see the light — and the suffering-and revive the assault — weapons ban. It was a futile hope.
Less than a week after Adam Lanza shot up an elementary school, it was already basically clear that an assault-weapons ban could not pass Congress-that it probably couldn’t even get through the Democratic-controlled Senate, never mind the House. So it was hardly a surprise when, three months later, Senate Majority Leader Harry Reid announced that the ban would be removed from a larger gun-control package that is making its way through the upper chamber and given a separate vote that it will not survive. The scale of the defeat suffered by the ban’s supporters, though, is shocking. This wasn’t a close call; it was a body blow.
I haven’t forgotten Sandy Hook. We drive by there every time we go to Vermont. I think about those kids almost every day. Sometimes when I think about them, I close my eyes and see my 5-year-old son cowering in the corner of his classroom as a black-clad figure toting a machine gun bears down on him. And then the tears come. I can’t stand that this is what America is; that we trade our children’s lives for the opportunity to purchase items specifically invented for killing. I can’t stand it. It’s pathetic and embarrassing and barbaric.
“We were saddened to learn that Junior, a loving father and teammate, suffered from CTE,” the family said in a statement released to the AP. “While Junior always expected to have aches and pains from his playing days, none of us ever fathomed that he would suffer a debilitating brain disease that would cause him to leave us too soon.
“We know this lawsuit will not bring back Junior. But it will send a message that the NFL needs to care for its former players, acknowledge its decades of deception on the issue of head injuries and player safety, and make the game safer for future generations.”
Plaintiffs are listed as Gina Seau, Junior’s ex-wife; Junior’s children Tyler, Sydney, Jake and Hunter, and Bette Hoffman, trustee of Seau’s estate.
The lawsuit accuses the league of glorifying the violence in pro football, and creating the impression that delivering big hits “is a badge of courage which does not seriously threaten one’s health.”
It singles out NFL Films and some of its videos for promoting the brutality of the game.
Seau is a pretty boldfaced name…I wonder what effect this will have on public perception, etc.
In The Hobbit, Bilbo Baggins signs a contract with a company of dwarves to serve as their burglar in their quest to reclaim the Lonely Mountain from a dragon. Lawyer James Daily analyzed the contract in detail for Wired.
Even in the book’s version we see an issue: the dwarves accept Bilbo’s “offer” but then proceed to give terms. This is not actually an acceptance but rather a counter-offer, since they’re adding terms. In the end it doesn’t matter because Bilbo effectively accepts the counter-offer by showing up and rendering his services as a burglar, but the basic point is that the words of a contract do not always have the legal effect that they claim to have. Sometimes you have to look past the form to the substance.
I hereby submit my nomination for the most underreported public policy story of the past year: The continuing decline in the number of Americans who are behind bars or on probation/parole. Both the change itself and low level of attention it has garnered are worthy of reflection.
At the time of President Obama’s inauguration, the incarceration rate in the United States had been rising every single year since the mid 1970s. The relentless growth in the proportion of Americans behind bars had persisted through good economic times and bad, Republican and Democratic Presidents, and countless changes in state and local politics around the country.
If a public policy trend with that much momentum had even slowed significantly, it would have been merited attention, but something far more remarkable occurred: The incarceration rate and the number of people under correctional supervision (i.e., including people on probation/parole) declined for three years in a row. At the end of 2011, the proportion of people under correctional supervision returned to a level not seen since the end of the Clinton Administration.
Commenters over at Marginal Revolution dug into the report a bit more and the decline may have a lot to do with things like state budget cuts and less to do with things like fewer/shorter prison sentences.
In an editorial for the NY Times in 1993 called Guns Don’t Kill People. Bullets Do., US Senator Daniel Patrick Moynihan described a bill he introduced in the Senate which would have levied a 10,000% tax on hollow-point bullets.
“So far this year, 342 New Yorkers have been killed by stray bullets. And in the past few days, two young women were shot in their pregnant bellies.” A. M. Rosenthal wrote that on this page last Tuesday, the day of the Long Island shooting. By Thursday there were 11 more homicides. If we are to stop it, or come anywhere close, we have to get hold of the ammunition.
On Nov. 3, I introduced a bill that would levy a 10,000 percent tax on Winchester hollow-tipped “Black Talon” bullets, specifically designed to rip flesh. (Colin Ferguson, the suspect in the Long Island shootings, had some 40 of them.)
The tax would effectively raise the price of Black Talons from $20 a box to $2,000. On Nov. 22, 19 days after my bill was introduced, Winchester announced that it would cease sale of Black Talons to the public. Which suggests that the munitions manufacturers are more responsive than the automobile companies were a generation ago. It is also important to note that in 1986 Congress banned the Teflon-coated “cop killer” bullet, which penetrates police body armor. The Swedes are now making a new kind of armor-piercing round. We got that banned in the Senate version of this year’s crime bill without a murmur.
In a nutshell, almost everything ordinary Americans think they know about the Bill of Rights, including the phrase ‘Bill of Rights,’ comes from the Reconstruction period. Not once did the Founders refer to these early amendments as a bill of rights. We read everything through the prism of the 14th amendment — including the right to bear and keep arms.
The Fourteenth Amendment has a lot of parts, among them the definition of citizenship, Civil War debt, due process, and equal protection. Amar wrote more about the interplay between the 2nd and 14th Amendments for Slate in 2008.
But the 14th Amendment did not specifically enumerate these sacred privileges and immunities. Instead, like the Ninth, the 14th invited interpreters to pay close attention to fundamental rights that Americans had affirmed through their lived experience-in state bills of rights and in other canonical texts such as the Declaration of Independence and landmark civil rights legislation. And when it came to guns, a companion statute to the 14th Amendment, enacted by Congress in 1866, declared that “laws … concerning personal liberty [and] personal security … including the constitutional right to bear arms, shall be secured to and enjoyed by all the citizens.” Here, in sharp contrast to founding-era legal texts, the “bear arms” phrase was decisively severed from the military context. Women as well as men could claim a “personal” right to protect their “personal liberty” and “personal security” in their homes. The Reconstruction-era Congress clearly understood that Southern blacks might need guns in their homes to protect themselves from private violence in places where they could not rely on local constables to keep their neighborhoods safe. When guns were outlawed, only outlaw Klansmen would have guns, to paraphrase a modern NRA slogan. In this critical chapter in the history of American liberty, we find additional evidence of an individual right to have a gun in one’s home, regardless of the original meaning of the Second Amendment.
In October 2011, after 20 years of living legally in the United States, Atanas Entchev and his 21-year-old son were detained by the US Immigration and Customs Enforcement agency, given orange jumpsuits to wear, and held for 65 days. Entchev is writing a book about his experience called My American Lemonade.
Day after day from my bunk, I listened to the immigration stories of my roommates. We all had one. Mine involved over 20 years of countless dollars spent on lawyers who would help me navigate the paperwork and court dates necessary for immigration, based on my request for political asylum. Meanwhile I strived to be tops in my field, starting with a presidential certificate from George H. W. Bush and receiving an Outstanding Professor designation from INS, ICE’s predecessor agency. I started my own company, paid taxes, and raised two children here. But that obviously wasn’t enough. I had failed at giving me and my family what we wanted most: U.S. citizenship. I dug deep, used what my family had taught me about resolve and hope, and thought a lot about my past to remind myself why I’d left Bulgaria. Why I’d bothered. The irony was especially palpable to me lying in that bunk, recalling the moment I knew for sure I must leave.
Entchev is one of kottke.org’s most thoughtful readers…he’s been sending email, links, and typo corrections regularly for more than four years now. From what I understand, he’s completed a book proposal consisting of the first three chapters and is looking for an agent. If you can help him out in that regard, drop him a line.
PM: Mr. House, are you involved with the Bradley Manning Support Network?
DH: I invoke.
PM: Did you respond in the affirmative when asked by the FBI if you had heard of known WikiLeaks associate Jacob Appelbaum?
PM: I would like to state for the record that Mr. House is not answering the question and is instead taking notes.
DH: I invoke.
PM: Do you intend to answer any of my questions, aside from your date of birth and your name?
DH: I invoke.
PM: Is that because of the phalanx of attorneys present here today?
Court Stenographer: I’m sorry, the what of attorneys?
PM: Phalanx… the phalanx of attorneys.
DH: As to the phalanx of attorneys, I invoke.
I had no idea grand jury testimony could be so amusing. I love that House offers to help with the presentation display when the DOJ attorneys are having trouble making the image bigger.
The Court’s ruling means, that unless Congress acts, in 2014 all Americans will be required to purchase health insurance in the most sweeping overhaul of the nation’s health care system since the Great Society. The Court, according to early analysis, redefined the mandate as a tax, skirting some Constitutional questions but offering a dramatic affirmation to Obama’s key initiative.
This is an imperfect law. But what’s most important is that it provides a structure under which the country can make a start not only on universal coverage — as an ethical imperative — but on doing away with the waste and inefficiencies created by the chronic market failure of the US health insurance system. Again, that matters. And I suspect that there’s no going back.
On Thursday, 80 lawsuits against the NFL related to brain injuries and concussions were combined into one complaint and filed in Philadelphia. The suit also names helmet maker Ridell, and if I’m reading the article correctly, 2100 former players are involved in the case.
Former running back Kevin Turner, now suffering from Lou Gehrig’s Disease, said:
The NFL must open its eyes to the consequences of its actions. The NFL has the power not only to give former players the care they deserve, but also to ensure that future generations of football players do not suffer the way that many in my generation have. For the longest time, about the first 10 years after I retired in January 2000, I thought I had just turned into a loser overnight. I couldn’t figure out what was wrong. It was a very scary proposition — until I found out there were a lot more guys just like me. I find they had been through some of the same struggles. I realized this is no longer a coincidence.
Back in February, we linked to a Grantland piece by economists Tyler Cowen and Kevin Grier about head injuries leading to the end of the NFL. In their version, injuries to high school and college students result in lawsuits making the sport prohibitively expensive to offer to their students (along with a perception that it’s too dangerous for kids to play).
Is this case the beginning of that timeline? Depending on what comes out in the lawsuit, one (unjust) popular opinion will be that the players should have known they were playing a dangerous game and they were handsomely rewarded to boot. It’s not really a fair opinion, but people love their football. (You can see evidence of this in the comments to the ESPN article linked at the top.) A best case scenario, I would think, would be for the NFL to settle with some sort of acknowledgement of the issue. Not lip-service, but actual changes to current policies and future support for former players.
In happier NFL news, Trick Shot Quarterback, Alex Tanney was signed yesterday by the KC Chiefs. Regardless of setting the NCAA Division III record for passing with 14,249 yards, the NCAA record for touchdowns with 157, and only throwing 30 interceptions in college, Tanney had gone undrafted.
Many other glaring discrepancies also stand out in the DeLuna case. He was put on death row largely on the eyewitness testimony of one man, Kevan Baker, who had seen the fight inside the Shamrock and watched the attacker flee the scene.
Yet when Baker was interviewed 20 years later, he said that he hadn’t been that sure about the identification as he had trouble telling one Hispanic person apart from another.
Then there was the crime-scene investigation. Detectives failed to carry out or bungled basic forensic procedures that might have revealed information about the killer. No blood samples were collected and tested for the culprit’s blood type.
Fingerprinting was so badly handled that no useable fingerprints were taken. None of the items found on the floor of the Shamrock - a cigarette stub, chewing gum, a button, comb and beer cans - were forensically examined for saliva or blood.
There was no scraping of the victim’s fingernails for traces of the attacker’s skin. When Liebman and his students studied digitally enhanced copies of crime scene photographs, they were amazed to find the footprint from a man’s shoe imprinted in a pool of Lopez’s blood on the floor - yet no effort was made to measure it.
“There it was,” says Liebman. “The murderer had left his calling card at the scene, but it was never used.”
Even the murder weapon, the knife, was not properly examined, though it was covered in blood and flesh.
Other photographs show Lopez’s blood splattered up to three feet high on the walls of the Shamrock counter. Yet when DeLuna’s clothes and shoes were tested for traces of blood, not a single microscopic drop was found. The prosecution said it must have been washed away by the rain.
The death on Friday of Adam Yauch, best known as the Beastie Boys’ MCA, surely sent many of us back to old albums we may not have heard for a while. And anyone who threw on Paul’s Boutique, the Boys’ best album, was surely struck by the sense that they don’t make records like that anymore. That’s not just because tastes and styles have changed. The entire album is based on lavish sampling of other recordings. “Shake Your Rump,” which leads Slate’s #MCATracks playlist, features samples of 14 songs by 12 separate artists. In all, the album is thought to have as many as 300 total samples. The sampling gave Paul’s Boutique a sound that remains almost as distinctive today as it was when it was released in 1989.
Perhaps the main reason-and certainly the saddest reason-that it still sounds distinctive is that a rapidly shifting legal and economic landscape made it essentially impossible to repeat.
“Big Hy” — his handle among many loyal customers — would almost certainly be cast as Hollywood Enemy No. 1 but for a few details. He is actually Hyman Strachman, a 92-year-old, 5-foot-5 World War II veteran trying to stay busy after the death of his wife. And he has sent every one of his copied DVDs, almost 4,000 boxes of them to date, free to American soldiers in Iraq and Afghanistan.
With the United States military presence in those regions dwindling, Big Hy Strachman will live on in many soldiers’ hearts as one of the war’s more shadowy heroes.
“It’s not the right thing to do, but I did it,” Mr. Strachman said, acknowledging that his actions violated copyright law.
The IPA is a new way to do patent assignment that keeps control in the hands of engineers and designers. It is a commitment from Twitter to our employees that patents can only be used for defensive purposes. We will not use the patents from employees’ inventions in offensive litigation without their permission. What’s more, this control flows with the patents, so if we sold them to others, they could only use them as the inventor intended.
This is a significant departure from the current state of affairs in the industry. Typically, engineers and designers sign an agreement with their company that irrevocably gives that company any patents filed related to the employee’s work. The company then has control over the patents and can use them however they want, which may include selling them to others who can also use them however they want. With the IPA, employees can be assured that their patents will be used only as a shield rather than as a weapon.
Last Summer, Alabama passed HB56, the most sweeping immigration bill in the country. It’s an example of a strategy called “attrition through enforcement” or, more colloquially, “self-deportation” — making life so hard on undocumented immigrants that they choose to leave the country. But as reporter Jack Hitt found, the new law has had lots of other unintended consequences.
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