Archive for the ‘ Property ’ Category

The Producer, the Librarian, and the Promise-​​Breaker

TLDR: This changes noth­ing. Today the Librar­ian of Con­gress announced new rules pro­mul­gated pur­suant to the Librarian’s rule­mak­ing author­ity under the Dig­i­tal Mil­len­nium Copy­right Act to exempt cer­tain actions from the pro­hi­bi­tion against cir­cum­ven­tion of copy­right pro­tec­tion sys­tems found in 17 U.S.C. §1201. The “anti-​​​​circumvention pro­vi­sion” states: No per­son shall cir­cum­vent a tech­no­log­i­cal mea­sure that effec­tively con­trols access to a work pro­tected under this title. The Librar­ian is required by §1201 to make a deter­mi­na­tion every three years as to whether any exemp­tions from this pro­hi­bi­tion are nec­es­sary in order to pre­serve access to copy­righted works. In the words of the Librar­ian, his task [ . . . ]

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FCC Ready to Kill Internet

Accord­ing to Reuters, FCC com­mis­sion­ers voted 5–0 today to pro­ceed with craft­ing a “net neu­tral­ity” rule, send­ing the cur­rent lan­guage (which would strip tele­com com­pa­nies of the right to con­trol how they use their own prop­erty) to the print­ing office for pub­lic com­ment. Com­ments will be accepted until Jan­u­ary 14th. The Notice of Pro­posed Rule­mak­ing is avail­able online here [PDF]. You can upload your com­ments using ECFS here, using pro­ceed­ing num­ber 09–191. You can read oth­ers’ com­ments on ECFS here. I’m writ­ing com­ments to sub­mit right now. I’ll post my com­ments here when I fin­ish. I encour­age every­one who loves the Inter­net and [ . . . ]

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Vandals!

I have a rose­bush. It is a flori­bunda with deep red–almost maroon–flowers. I’ve been work­ing on it for a few years now, and I prune it when it needs prun­ing, and I water it every other day, and I feed it and rotate it (it is in a large pot) and clip off dead blooms and what­not. I care for it, rather like some peo­ple care for pets. It is a thing that I am proud of. Proud that I have kept it alive (I have a bad track record with plants); proud that I have been able to trans­form it from the scrag­gly lit­tle runt I bought at a Home Depot some­where into a big, [ . . . ]

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Sundae Specials (Initial Thoughts)

Gus Van Horn men­tions the dif­fi­culty of argu­ing against the government’s use of behavior-​​​​modifying tech­niques in mixed-​​​​government con­texts: Unfor­tu­nately, every­one is so used to the gov­ern­ment own­ing the roads ... that few so much as bat an eye when they hear of the gov­ern­ment look­ing for ways to psy­cho­log­i­cally manip­u­late peo­ple into doing its bid­ding. Indeed, in this lim­ited con­text, it is hard to argue pro­duc­tively against the gov­ern­ment tak­ing advan­tage of such knowl­edge about human per­cep­tion. As a law stu­dent, this topic has caused me a great deal of con­cern over the past few months. I have wanted to write some­thing about [ . . . ]

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On the Inadequacy of English Invectives

Fred Phelps and his West­boro Bap­tist Church have, for some time now, been trav­el­ing the coun­try protest­ing at the funer­als of Amer­i­can sol­diers killed in the line of duty. Back in 2006, they protested out­side the funeral of Marine Lance Cor­po­ral Matthew Sny­der, who was killed in action at the age of 20. See this arti­cle, the orig­i­nal com­plaint, and Monica’s (of Spark a Synapse) post on the same topic for the unpleas­ant details. Eng­lish as a lan­guage lacks invec­tives of suf­fi­cient force and color to con­demn this kind of behav­ior in the terms jus­tice demands. How­ever, has WBC done any­thing prop­erly [ . . . ]

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The Road to Ruin

Every good prag­ma­tist knows that one of the absolutely essen­tial func­tions of gov­ern­ment is to own, oper­ate, and main­tain pub­lic roads. Sev­eral argu­ments I have heard advanced in favor of publicly-​​​​owned roads include: Uni­form stan­dards; Unre­stricted access; Cost-​​​​free access; Uni­ver­sal access to an essen­tial resource; Safety; Effi­cient allo­ca­tion of scarce resources; Avail­abil­ity of emi­nent domain power to effi­ciently locate major road­ways; And of course the vague but ever pop­u­lar, “that’s what gov­ern­ments are for!” And every good econ­o­mist knows that all of this is bunk. But is there some­thing more nefar­i­ous in the insti­tu­tion of the pub­lic road? Con­sider cable tele­vi­sion. Or [ . . . ]

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Cooking

Some lively back-​​​​and-​​​​forth between Messrs. Inspec­tor and Flib­ber­ti­gib­bet on urban­ism, and Mr. Van Horn’s recent cable com­pany tra­vails got me think­ing on the role of pub­lic roads in government’s abil­ity to exert con­trol over pri­vate prop­erty. This is mildly unfor­tu­nate, how­ever, as I am far too busy at the moment to be think­ing about such things. So I’ve popped it in the oven on a low roast for now, and later tonight I should have a ten­der, juicy morsel for you.