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 [ . . . ]

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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. [ . . . ]

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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.