Cato: right again

Adam has a great piece about freedom of the press.

Posted in free culture | 6 Comments

Blog Book Club: A Promise re "Promises to Keep"

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Professor Terry Fisher’s new book is the most serious, comprehensive treatment of the alternatives we face for protecting copyright in a digital age. While it’s famous for his particular solution, it is most effective when you see his solution against the background of the complete set of alternatives that he surveys.

I think this book deserves extremely serious consideration by all who think seriously about this issue. I’ve asked Terry to guest blog during the week of October 24, but I’d encourage people to look at the book before then. His publisher has permitted him to make only two chapters available freely. You can find them on his website. You can also get the book at Amazon.

Posted in free culture | 6 Comments

CBS on "appropriate"

So CBS thought it was appropriate to run a stupidly irrelevant story about what the President did 30 years ago. It got busted by the bloggers when it turned out that its sources were bad.

Now CBS has decided that it is inappropriate to run a story about the Iraq War so close to the election.

So let’s see what CBS believes the word “appropriate” means:

It is appropriate to run a story that has nothing to do with the President’s current ability to run the nation, and that offers nothing at all helpful or informative about policy decisions we Americans are supposed to make.

But it is inappropriate to run a story about perhaps the most important policy decision the President made, which, if people understood more, would directly affect their judgment about the President’s ability to run the nation.

Why CBS thought the guard story appropriate, I have no idea. But they could only think it inappropriate to run a real and relevant news story if it is as false and ridiculous as the guard story.

If it is a false story, then they should never run it. But if the story is true, then the failure to run it is the purest act of cowardice. Just the sort of “news” we get when the media is controlled by a few suck-up giants.

Posted in presidential politics | 74 Comments

AudioVox: never again

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A couple months ago, I bought this cool new phone by Audiovox — the CMD8900. The speaker then quit working. I returned it to the store I had bought it at (New Wireless, 107 West Portal Ave) at the end of August. Last week, when it was still not back, I called and asked why. New Wireless informed me all Audiovox repairs take “30 to 45 days.” I found that hard to believe, so I went to the Audiovox website, and posted a question asking whether that was true. A week later, no response still.

So though I have spent over $60 for wireless service this month, I’ve had no wireless phone. And indeed, if this is Audiovox’s policy, it is a really good reason not to rely upon that company. Unless of course, your cell phone is just a toy which you don’t really need, and you don’t mind spending scores of dollars for service that you cannot use.

Posted in bad code | 15 Comments

debating William Tucker about John Edwards

Sorry about the slow posting this week. But just so you don’t think I’m lazy: I spent the week debating William Tucker in the Legal Affairs debate club.

Posted in presidential politics | 3 Comments

The Wired/CC Concert

There will be few nights in this boy’s life as cool as the Wired/CC Concert. Here are some pictures.

Posted in creative commons | Leave a comment

Anti-bootlegging booted

A district court in the Southern District of New York has struck down the anti-bootlegging provision of the copyright act. There is a new report here. I should have the opinion up soon. (Disclosure: I did pro bono work on this case.)

UPDATE: I have a scanned pdf of the opinion. (Warning: It is huge (64mg)). (Thanks to Joe Gratz, here‘s a very readable compressed version at about 500k).

The opinion is fantastic. The Court concludes (1) that antibootlegging regulations are “copyright-like” regulations, and thus are within the scope of the Copyright Clause, (2) that this regulation violates the Copyright Clause because it doesn’t have a limited term (citing Eldred (sweet justice)) (And remember, the 11th Circuit’s case expressly did not consider the limited times argument), and (3) that Congress can’t use the Commerce Clause to do what it can’t do under the Copyright Clause, so long as the subject matter is “copyright-like.”

I have always been a fan of Judge Baer, but never more than today.

Posted in good law | 9 Comments

Lehman on Lehman

According to an article in the National Journal Tech Daily (9/23), Bruce Lehman claims he is on the Kerry Technology Committee, but is “playing a relatively minor role.” The article quotes an unnamed source that he “is not part of Kerry’s core group of tech advisers.”

But whether core or fringe, why is he part of “tech” advisers at all? Lehman’s policies did more to encourage the war on technology that these past 8 years have seen than anyone else in DC. Let him serve on the “last century protectionists” committee. Indeed, make him the chair.

Lehman says he finds it “really sad — pretty sad” that I had criticized him on this blog. (No confirmation which.) And just to show how effective I’ve been in getting my point across, Lehman is quoted as saying: “[Lessig] seems to believe you can have a post-industrial economy without any copyrights.” Oh yes. That’s exactly what I believe. I’m also a Marxist, and commune regularly with Chairman Mao. With insight such as this, I can see why he’d be such a valuable member of the Kerry team.

Posted in presidential politics | 8 Comments

Kerry on Lehman

So as I reported earlier, two people whose integrity I would not question told me that Bruce Lehman had told them that he, Lehman, was now advising the Kerry Campaign on IP policy. Now two people, whose integrity I would not question and who have direct connections to the campaign, tell me that is not correct. Let’s hope.

Posted in presidential politics | 5 Comments

The Wired CD

In the Wall Street Journal. On a plane to New York in the morning. I’ll report back after the concert.

Posted in cc | 9 Comments