Now it gets interesting…

There’s been lots of talk about Howard Dean’s use of the Internet, but honestly his campaign is just now entering the phase that interests me the most. As expected, Dean has stopped actively campaigning, though he still encourages supporters to vote for him and send delegates to the convention to help set the party’s platform. More importantly, he hopes to turn his loose-knit community of supporters into a grassroots movement:

[W]e will convert Dean for America into a new grassroots organization, and I hope you stay involved. We are determined to keep this entire organization vibrant. There are a lot of ways to make change. We are leaving one track, but we are going on another track that will take back America for ordinary people again.

MoveOn.org started five years ago as an online petition against President Clinton’s impeachment and now has over two million members. Dean already boasts over a quarter of that number (no doubt with significant overlap), but Deaniacs are even more self-empowered and decentralized than MoveOn members. That makes it a harder ship to steer, and Dean now needs to shift from head of a campaign to first motivating voice in a community of equals. If he can manage that (starting, perhaps, by rejoining with his old campaign manager Joe Trippi) then the movement might yet demonstrate the Internet-age decentralized politics that we breathless techno-pundits continue to predict.

Now it gets interesting… Read More »

Dogs and cats living together

From the SF Chronicle:

And no question became so clear, so obvious, as the one being asked by same-sex-marriage advocates around the world: What, really, is so wrong about this? What is the horrible threat about two adults who love each other so intensely, so purely, that they’re willing to commit to a lifetime of being together and sleeping together and arguing over who controls the remote? And what government body dares to claim a right to legislate against it?

In short, to the neocon Right, a nation that allows gays to marry is a nation with no boundaries and no condoms and where all sorts of illicit disgusting behaviors will soon be legal and be forced upon them, a horrific tribal wasteland full of leeches and flying bugs and scary sex acts they only read about in chat rooms and their beloved “Left Behind” series of cute apocalypse-porn books.

You know, just like how giving blacks the right to own their own land meant we had to give the same rights to house plants and power tools, or how granting women the right to vote meant it was a slippery slope until we gave suffrage to feral cats and sea slugs and rusty hubcaps.

Just as there are two kinds of marriage, religious and civil, there seem to be two kinds of fears out there. The societal fear is of moral decay — if we teach our children that homosexuality is OK then they’ll think rape, torture and masturbation is OK too. Leaving aside the lack of evidence for any such link, this kind of moral debate belongs in our churches and social centers, not our courts and congress. Then there’s the legal slippery slope fear — if the courts protect gay marriage then they might protect things like polygamy. I’m no constitutional lawyer, but that one strikes me as a poor reading what’s happening. The state cases that have been coming forward have not been ruling that homosexuality is OK, nor that homosexuals are a protected class. What they have been ruling is that if I, as a man, have the government-granted right to marry Jane in a civil marriage then so does Susan. That’s what equal protection means. This argument doesn’t apply to polygamy: I don’t have the right to marry two people, and neither does Susan. Ditto for bestiality and anything else that keeps you awake at night.

As for the SF Gate article, I have to admit I’m pretty proud to be living within the Greater San Francisco Liberal Bubble myself right now…

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Historian Offers New Insights

Docbug Exclusive — Noted military historian and strategist Ann “kill their leaders and convert them to Christianity” Coulter will be following up on the success of her analysis of Silver Star recipient and triple-amputee Max Cleland with biographies of other war heros, unnamed sources revealed1.

Coulter, who last week presented her expert testimony that the decorated Vietnam veteran deserved no respect for his service because he lost his limbs “in an accident during a routine noncombat mission where he was about to drink beer with friends,” will soon reveal her insights on other honored veterans, including The Cowardliness of Douglas MacArthur, Congressional Medal of Honor Winners: Traitors in Our Midst, and John Wayne: Pansy.

1 Hey, if Drudge can use them, why can’t I?

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A quick look at the Win2K sourcecode

Kuro5hin has a brief analysis of the code structure and comments in the recently-leaked Win2K sourcecode.

His conclusions:

The security risks from this code appear to be low. Microsoft do appear to be checking for buffer overruns in the obvious places. The amount of networking code here is small enough for Microsoft to easily check for any vulnerabilities that might be revealed: it’s the big applications that pose more of a risk. This code is also nearly four years old: any obvious problems should be patched by now.

Microsoft’s fears that this code will be pirated by its competitors also seem largely unfounded. With application code this would be a risk, but it’s hard to see Microsoft’s operating system competitors taking advantage of it. Neither Apple nor Linux are in a much of position to steal code and get away with it, even if it was useful to them.

In short, there is nothing really surprising in this leak. Microsoft does not steal open-source code. Their older code is flaky, their modern code excellent. Their programmers are skilled and enthusiastic. Problems are generally due to a trade-off of current quality against vast hardware, software and backward compatibility.

I was also gratified to see this comment, based on a book I loved as a kid:

// TERRIBLE HORRIBLE NO GOOD VERY BAD HACK

Even in Australia…

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All your facts are belong to us

For the past couple months yet another bad IP bill has been snaking it’s way through Congress. HR-3261, aka the Database and Collections of Information Misappropriation Act (DCIMA), would allow database maintainers to sue anyone who copies facts from their database for a competing product. Even if those facts aren’t protectable under copyright. Even if they were produced by someone else. Even if the database itself was produced by someone else and is only being maintained by the plaintiff. This was dubbed the WestLaw Protection Act back when it was floated before congress and the WIPO in 1996 and again in 1998, and it’s still just a land-grab from a few database manufacturers like WestLaw (Thompson) and LexisNexis (Reed Elsevier). West’s near-monopoly on publishing government-produced judicial decisions was always shakily based their copyright of the page numbers in the citations, a basis that was further eroded in a Court of Appeals ruling in 1999.

The bill outlaws making available a “quantitatively substantial part” of a database in a “time sensitive manner,” but it leaves interpretation of how exactly what that means to the courts. This will undoubtable lead to the same “we’ll let you know whether you’re in violation after we sue you” nastiness we’ve already seen with the DMCA. It could also wind up being quite broad, assuming it’s constitutional at all. For example, there’s this bit:

5.(C) DISCRETE SECTIONS- The fact that a database is a subset of a database shall not preclude such subset from treatment as a database under this Act.

As I read it, that means even if you didn’t copy a quantitatively substantial part of my entire database, like only 50 names from a list of 5 million, I can still nail you for copying a quantitatively substantial part of a sub-database such as the 100 names within a single 9-digit zipcode. There’s also nothing saying whether once copied a fact can ever become “clean” again. For example, could Gracenote sue FreeDB because some FreeDB users submitted CD track information that originally came from Gracenote?

If this passes, it will be yet another tool for cutting off the free-flow of information — and in spite of the whining of a few database maintainers they have plenty of tools already. Expect Wal-Mart to use this to suppress price-comparison sites like FatWallet, just as they’ve tried to do using the DMCA. Expect companies like Gracenote and WestLaw to deliberately “poison the well” of available information so it’s impossible to collect a competing database without being infected with infringing copied facts, just as WestLaw did with their copyright on page numbers for legal citations. Expect Clear Channel (owner of American Top 40 and controller of 60% of Rock radio programming) to sue independent DJs (all both of them) who have similar play lists, just as they use copyright law to shut down fan sites that post the Top-40 list now. Expect me to go hide under my desk until the smoke clears…

References

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Outside agitators (not) in MA

From a friend of mine living in Massachusetts:

I have gotten yet MORE calls today from out-of-state relatives who are members of conservative groups (seems to be mostly evangelical Christian groups) urging me to call and voice support for the constitutional ban on gay marriage later today/tomorrow.

ALL of them told me they had already called MA state house members to urge them to vote for the ban — before they called me!

BUT THE KICKER – at least one (and I suspect from context of our conversation, another as well) of my benighted relatives admitted that they had disengenously represented themselves as MASS RESIDENTS!

ARRRRRRG!!!!!

Outside agitators (not) in MA Read More »

MGM v. Grokster == Sony v. Universal?

LawMeme has a nice side-by-side comparison of last week’s oral argument in the MGM v. Grokster case and the 1983 Supreme Court oral arguments in the Sony v. Betamax case. Their conclusion: the arguments being used against Grokster are the same ones that lost when the content industry tried to kill the VCR 20 years ago.

Correction: As a commenter mentioned, the case was Sony v. Universal not Sony v. Betamax — Sony made Betamax, & was sued by Universal Studios.

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Putting the Djinni back

When I was a young MIT grad student back in 1994, I attended a big Media Lab symposium on the new Digital Information Superhighway. Mosaic had been out a little over a year, Netscape had been founded six months ago, and I was listening to Mickey Schulhof, President & CEO of Sony America, give us his vision of the future. The world he described was the standard pre-Web story: every home in America would have a set-top box (made by Sony) that decoded content for all us consumers. At the other end of the wire was a Sony office that handled billing and content delivery. The content was, of course, also produced by Sony, though they’d happily broker for non-Sony customers as well. He also made a strong point that they had no interest in managing the wires themselves, kindly ceding this part of the vision to competition.

Being a young grad student and having religiously read Wired Magazine for over a year, when it came time for Q&A I asked the obvious question: “In this world you describe, how will people get access to non-professionally produced content that can’t afford the pricing structure Sony will require?” His answer: “I don’t think people care about non-professional content.”

As we all know, he was soon proven horribly wrong, but every time there’s a new seismic shift in technology all the current monopolies scurry to try to put the Djini back in the bottle. The latest shifts for content is with portable and home-entertainment boxes, and it’s in this context that I read the announcement that Disney has finally agreed to license Microsoft’s Digital Rights Management software to “bring about a vibrant market for legitimate, high-quality entertainment delivered to new categories of end-user devices, such as personal media players and home media center PCs.” In other words, the game is shifting again, and this time the Content Cartel isn’t going to be caught with their pants down.

Now things get bloody, as if they weren’t before. I suspect the only thing that frightens Disney more than P2P-traded Mickey Mouse fan-art is the idea of Microsoft stepping into the Sony role of Mickey Schulhof’s vision. Microsoft, along with Apple and RealNetworks, have to walk the fine line between appeasing the Content Cartel and offering consumers enough control that they don’t blow off DRM and proprietary standards entirely for systems with simple embedded Linux & MPEG. (See Jeffrey O’Brien’s recent Wired article for a nice discussion.) I’m not sure who’s gonna win this one, but as one of those people producing non-professional content, I sure hope Schulhof vision wasn’t just late in coming.

References

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