by John Holbo on March 12, 2006
I have a question for lawyers. Would it be possible simply to repeal copyright extension? Could Congress just repeal the Copyright Extension Act of 1998, for example, placing many works in the public domain with a stroke – and letting the mouse out of jail, etc.?
The main concern is that repeal would be a ‘taking’, under the 5th Amendment: “nor shall private property be taken for public use, without just compensation.” This would make such a repeal prohibitively expensive. But would it be a taking? That’s what I’m asking. What are the precedents in this area? I’ll spare you my untutored, a priori thoughts about this question. But I would like to focus the question a bit more, if I may. The relevant bit from Article I is brief to a fault (or virtue, as you like): “To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.” I realize that giving people rights – especially rights they can sell – amounts to giving them a kind of property. But Congress can always legislate to provide benefits, ergo rights to benefits, that can later be repealed. Is copyright different? I am curious what precedent there is. One (very legally naive) argument against the ‘takings’ reading would be this: if copyright is regular old property, copyright extension – which deprives the public of its property – is a taking. The right to copy, which I am going to get in 20 years is already my property, just like a trust fund that will only starting paying out in 20 years is already my property. Since apparently taking this from the public isn’t a legal taking, copyright isn’t regular old property, and repealing copyright wouldn’t be a taking. I realize this is dubious.
I also realize the argument could be made that it would be imprudent of Congress to extend copyright, then turn around and contract it. Such inconsistent shenanigans would deprive copyright holders of confidence. But no one denies that Congress has the right to make some dumb laws. (The Copyright Extension Act of 1998, for example.) Let’s just discuss whether it would be strictly possible to contract copyright without compensation to holders.
by John Holbo on March 10, 2006
Crooked Timber is going boingboing with all the ‘cool stuff!’ links. On we go. Amazon has piles of books slashed up to 75%. Mostly utter depths of crap, like you’d expect. But: The Locus Awards
is a bargain. $4.99 for 30 years of the best, including Wolfe, LeGuin, Ellison, Varley, Russ, Butler, Tiptree, Bisson, Crowley, Chiang, couple others.
I’ll tell you a secret about Belle. She’s loves Hornblower
. Don DeLillo’s Cosmopolis
? (Was it really bad? That’s what I heard.) This looks good: The War Against Cliche
, 500 pages worth of essays and reviews by Martin Amis. (Yes, I’m serious.) For the kids: Neil Gaiman, The Day I Swapped My Dad For Two Goldfish; Daniel Pinkwater, The Picture of Morty and Ray
; and for the kid in all of us, Peter Bagge, Buddy’s Got Three Mom’s. Maybe there’s something else good in there. I missed it, apparently.
by John Holbo on March 9, 2006
Here’s a lovely little video that, near as I can tell, has not gone nearly so viral as it deserves. "Superman lay broken … La-da-da-da-Daa."
The naive beauty of it – part childcult, part cynicism about fight scenes – is what Daniel Clowes is getting at, I guess, in this interview.
As a kid, I was really attracted to superheroes, but I never read the comics. I’d buy every single comic, and I had some connection to it, but I didn’t like them, really. I remember talking to my other friends who read superhero comics, and they liked them on such a different level than I did. They were like, “Yeah, when Iron Man fights the guy, and punches him in the face, it’s so awesome!” But it had this pop-art iconographic quality to me that was really charming, and I just loved that aspect of it. I always gravitated towards that part of it, and I could never quite get past that, and that’s what I was going for. I wanted to create a story that lived up to the iconography, but also had something else going on.
If you don’t know who Clowes is, you should. (Go read wikipedia or something.)
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by John Holbo on March 4, 2006
Kevin Drum mocks Hugh Hewitt for his ‘it was in a PDF file that we were only able to read after downloading a new version of Adobe’ defense. But the proper pop cult reference is not Perry Mason. Allow me. Look to the man’s own site: "Hugh Hewitt is the Jack Bauer of talk radio and the blogosphere." This is actually a good idea for a show. ‘In the next 24 hours, terrorists will make a major strike against an American city. The only thing between all of us, and just a few of them … is a complacent, partisan hack.’ In 90 minutes or less you could play it strictly for Man Who Knew Too Little laughs. Subtler and ultimately more satisfying would be a genuine, 24-karat gold-plated imitation 24. In the first episode, "Download PDF For Murder", terrorists have encrypted their plans in an email attachment that can only be read using the latest version of Adobe Reader. Sweaty ‘which wire do I cut?’ tension as the heroes race against time to crack the main Adobe site. ‘This mouse has TWO buttons!’ ‘Just PICK one!’ [Adobe Acrobat Reader starts dowloading, to the "Hackers"-inspired strains
of The Prodigy’s "Firestarter".] But then it all goes crazy. In the end they confront a nail-biting moral dilemma. Should they torture the Adobe executive, kidnapped in a daring, extra-judicial raid. He’s screaming "Just DOUBLE-click!" The agents scream back: “You’re lying” [click to continue…]
by John Holbo on February 28, 2006
So far as I know the following fallacy has no name: ‘if x is funny, there must be a grain of truth to x.’ It’s sort of like affirming the consequent, but for ‘it’s funny because it’s true’. If you see what I mean. (You have to think of ‘it’s funny’ as the consequent.) It’s part positive ad hominem. Rather than proving what he says is true, the speaker generates a sense of himself as a clever, sharp, perceptive person. The audience then infers that there must be something clever, sharp and perceptive about the position taken. But mostly the fallacy works because funniness is next to truthiness. The mechanisms of stand-up comedy and propaganda are not fully distinct. What makes you laugh has a certain kinship to that which causes the crowd’s madness. When you put it that way, it’s darn obvious what I am talking about. You have read something Mark Steyn wrote in the last several years, I take it? As Hume writes:
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by John Holbo on February 24, 2006
I must confess: since I can’t really tell the difference between the method these folks used and the method these folks used, I should probably just stop having intuitions about the universe since “often deviates from intuitive reasoning, leading to some surprising effects” isn’t the half of it. Because, granting that they did what they did, my intution is that they can go on to develop infinite improbability computing, relying on the fact that their experiment cannot be scaled up to cause the scaled-up algorithm not to run, thereby producing the answer. Am I right (or am I right or am I right?)
Here’s a link to the Nature paper. (above link via boingboing.)
by John Holbo on February 23, 2006
A minor hermeneutic dispute has broken out concerning the proper interpretation of my last post. I hope this helps.
See now I’m thinkin’, maybe it means you’re the vicar. And I’m the second half of the show. And Mr. 9 millimeter here, he’s the Plymouth Herald protecting my righteous ass ‘like hell’. Or it could mean you’re ‘like hell’ and I’m the Plymouth Herald and it’s the second half of the show that’s the vicar. Now I’d like that. But that shit ain’t the truth. The truth is you’re ‘like hell’. And I’m the vicar. But I’m tryin’, Ringo. I’m tryin’ real hard to be the second half of the show.
by John Holbo on February 22, 2006
A local vicar wrote in today’s Plymouth Herald that the second half of the show, which is set in hell, made him feel like he was “in hell” …
(link via Neil Gaiman)
by John Holbo on February 20, 2006
Seems like Fukuyama’s “After Neoconservatism” piece could use a comment box. Let me make a few remarks. I posted something muddled last night at J&B about skepticism about social engineering, an issue Fukuyama discusses. Feel free to drop by and straighten me out. There’s also a connection to my post below. What Fukuyama advocates under the heading ‘what to do’ is worse than unserviceable for the Republican party’s domestic needs. “Effective international institutions that can confer legitimacy on collective action;” “we are serious about the good governance agenda.” These are hardly phrases to conjure with, if what you are conjuring is an image of Democrats as untrustworthy on foreign policy. Fukuyama’s quote from pre-Iraq Kagan is excruciating: “It is precisely because American foreign policy is infused with an unusually high degree of morality that other nations find they have less to fear from its otherwise daunting power.” That was then. But you don’t feed the base big slices of humble pie. It still gets red meat, surely.
by John Holbo on February 20, 2006
Jonah Goldberg:
There is also the philosophical problem. Bush has done real violence to the principle of limited government with all of his talk about how the government has to move when someone is hurting and his aim to leave no child behind. Some of his programs are, I think, easily defended on the merits. But that doesn’t change the fact that as general philosophical issue, Bush has conceded that the government is there to help in a way Reagan never would have. Sure, Reagan made exceptions to his general anti-government position. Sometimes they were pragmatic, sometimes they were legitimate exceptions (conservatives aren’t uniformly opposed to all government interventions), and some times his deviations were hypocritical, at least in the eyes of some. But such hypocrisy was the tribute conservatives must sometimes pay to politics. Bush has conceded much of the fundamental ground to liberals when it comes to the role of government. Now the argument about governmental problem solving is technical – "will it work?" – rather than principled, "is it the government’s job?"
Kevin Drum (channeling Bruce Bartlett’s forthcoming book, Impostor
):
The charges leveled against the president were familiar: reckless spending increases, out-of-control deficits, relentless pandering to business interests, and a deliberate and willful contempt for policy analysis. The Bush White House, it argued, judges legislation not by whether it’s conservative or liberal, but solely by whether it will gain the Republican Party a couple of percentage points of support among some voting bloc or other. Principle is nothing. Politics is everything.
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by John Holbo on February 18, 2006
I was gonna complain about a post that was up … on this blog … about Democrats are traitors. Hell with it. It went like this.

Yep, that’s how it went. I nabbed the graphic from ‘dial B for blog’. Which is good, but not as funny as this, on a day to day basis.
by John Holbo on February 16, 2006
Normally I do my comicsblogging at J&B. But this is just too important. (Tip to Farber, who also provides an executive summary, which unaccountably omits discounted Hulk Hands in the bathroom stall.)
by John Holbo on February 13, 2006
by John Holbo on February 12, 2006
I’m teaching Plato’s Republic, Book I – you know, all the Thrasymachus ‘justice is the advantage of the stronger’ stuff. I give ’em a bit of Thucydides, the Melian debate. Rub on a smudge of Machiavelli. I’d like to be able to recommend or select from some contemporary readings about realism – in the IR sense, not the ‘I believe in abstract objects’ Platonic sense. I know there’s a ton of stuff, but I want something clear, lively, not too hard, not too long, and preferably available online. Suggestions?
by John Holbo on February 12, 2006
Couple days ago I posted some fine metaphysical poetry and extremely witty self-criticism by Conrad Aiken at the Valve. I like Aiken very much. (One of our commenters mentioned that Eliot praised him as "il miglior fabbro", but someone else noted he also called Pound that. So maybe he just carried around a whole tray of that one at parties.) There’s also a family friendship on Belle’s side. Warings and Aikens have been friends for generations, apparently.
Anyway, I’ve been reading poems from Aiken’s second book, Turns and Movies (1916), long out of print. One couplet – and that’s pretty much it – from "All Lovely Things" sometimes gets quoted, from the end of this stanza.
All lovely things will have an ending,
All lovely things will fade and die,
And youth, that’s now so bravely spending,
Will beg a penny by and by.
Since the book’s public domain, I’m tempted to make a nice CC edition. Be a bit of work. But here’s a start: the title poem, which you won’t find intact elsewhere on the web, although you will find bits. It’s got a certain something. "In Turns and Movies he willfully sacrificed his ability to write in smooth involute curves for a dubious gain in matter-of-fact forcefulness." Of the title poem in particular: "although immature and uneven … at least a crude vitality." So writes Conrad Aiken. I agree the metaphysical stuff he wrote later is better. But if Art Spiegelman decided he wanted to illustrate something like The Wild Party
again, he could do worse that this. (You could really do a Batman and Robin-inspired number on part xii, "Aerial Dodds".)
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