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Obama DoJ Goes Against Film Companies

NewYorkCountryLawyer writes "If one attempted to distill a single prevailing emotion or attitude about government on Slashdot, I think it is fairly arguable that the winner would be cynicism or skepticism. Well here's a story that could make us skeptical and/or cynical about our skepticism and/or cynicism. Chalk one up for those who like to point out that, occasionally, the system does work. You may recall that the US Supreme Court has been mulling over whether to grant the film industry's petition for certiorari seeking to overturn the important Cartoon Networks v. CSC Holdings decision from the US Court of Appeals for the 2nd Circuit. This was the case which held that Cablevision's allowing its customers to make copies of shows and store them on Cablevision's servers for later viewing did not constitute a direct copyright infringement by Cablevision, there being no 'copy' made since the files were in RAM and buffered for only a 'transitory' duration. The Supreme Court asked the Obama DoJ to submit an amicus curiae brief, giving its opinion on whether or not the film companies' petition for review should be granted. The government did indeed file such a brief, but the content of the brief (PDF) is probably not what the film companies were expecting. They probably thought they had this one in the bag, since some of the very lawyers who have been representing them have been appointed to the highest echelons of the Obama DoJ. Instead, however, the brief eloquently argued against the film companies' position, dismembering with surgical accuracy each and every argument the film companies had advanced."

321 comments

  1. If a laywer is any good... by Anonymous Coward · · Score: 5, Insightful

    He knows the opposition's position as well as his so he can counter it up front. If he can't put himself in the opposition's shoes and argue against them, then they're going to suck.

    These guys argued the other side forever, they *should* know how to tear that apart now.

    1. Re:If a laywer is any good... by A.+Kim · · Score: 1

      So can we expect a situation similar to the business world, with top-ranking guys going back and forth between wall street and the SEC with knowledge of all the government loopholes, etc? Has Obama taken a page from this manipulative book in order to take the copyright juggernauts down a peg?

    2. Re:If a laywer is any good... by Sun.Jedi · · Score: 4, Insightful

      These guys argued the other side forever, they *should* know how to tear that apart now.

      If they knew how to tear it apart, and they did by my understanding of the brief, then they knew the original case was flawed. If the case was flawed, a reasonable person or persons would not attempt such a case in the first place with the intent on 'winning'. If they are not trying to win, then is it a fair and reasonable use of the courts for these ulterior motive shenanigans? Are there penalties for such behavior?

      I guess I'm also wondering if this suddenoutbreakofcommonsense has implications in current or future litigation where the RIAA/MPAA or other content redistributors are the plaintiff.

    3. Re:If a laywer is any good... by NewYorkCountryLawyer · · Score: 5, Interesting

      If they knew how to tear it apart, and they did by my understanding of the brief [beckermanlegal.com], then they knew the original case was flawed. If the case was flawed, a reasonable person or persons would not attempt such a case in the first place with the intent on 'winning'. If they are not trying to win, then is it a fair and reasonable use of the courts for these ulterior motive shenanigans? Are there penalties for such behavior?

      The specific lawyers who represented the RIAA and MPAA, and are now in the DOJ, are recused for two years from working on any of these types of matters. So they are not supposed to have had anything whatsoever to do with this brief. And from all appearances they did not, since this brief was written with much greater integrity and respect for copyright law than their arguments ever exhibited.

      I guess I'm also wondering if this suddenoutbreakofcommonsense has implications in current or future litigation where the RIAA/MPAA or other content redistributors are the plaintiff.

      Only time will tell. The two other government briefs of which I am aware in this type of litigation, which have been submitted by the government subsequent to the RIAA lawyers's going to work for the DOJ, were both quite poorly done, and took wild and crazy legal positions obviously calculated to please the RIAA overlords.

      --
      Ray Beckerman +5 Insightful
    4. Re:If a laywer is any good... by nomadic · · Score: 0

      If the case was flawed, a reasonable person or persons would not attempt such a case in the first place with the intent on 'winning'.

      That is faulty reasoning. Just about every side of every case is flawed in some ways. A flawed argument is not necessarily wrong, and in this case many of the issues hinge on interpretations of law that it is not the attorney's job to be the final arbiter on.

      Can't we just applaud a good ruling without the kneejerk slashdot desire to punish people we disagree with?

    5. Re:If a laywer is any good... by soren202 · · Score: 2, Insightful

      It wouldn't be slashdot if there weren't any such reactions.

      4Chan has their lolcats, slashdot has their kneejerk desire to punch people they disagree with. It's the natural order of things.

    6. Re:If a laywer is any good... by Arancaytar · · Score: 1

      Yeah, they should. The surprising thing about this is that they decided to do so...

    7. Re:If a laywer is any good... by hairyfeet · · Score: 1

      I just wanted to say, for what it is worth thanks Mr. Beckerman. Having to deal with corps that are SO greedy that their people can get up in court and say with a straight face that you can't rip your own CD to your iPod because you didn't cut them another check, must be depressing and a PITA. I bet when you read their arguments half the time you have this face just from having to deal with all the weasel wording and corporate codewords for "we want more money!".

      So for myself and all the other guys that just want to keep our DVDs on our cheap fat HDDs without breaking the law, or simply be able to use the product that we paid for without jumping through hoops like I have to do pretty much daily because their DRM schemes don't support my 64bit OS, thanks. I personally don't see how you don't keep from pulling your hair out from dealing with all the corporate weasels. It must be like being surrounded by clones of the PHB from Dilbert all day. So thanks for keeping up the fight. Maybe one day Steamboat Willie and that stupid mouse will be out of copyright and we can start to look at building sane copyright laws again.

      --
      ACs don't waste your time replying, your posts are never seen by me.
    8. Re:If a laywer is any good... by Nefarious+Wheel · · Score: 3, Insightful

      The two other government briefs of which I am aware in this type of litigation, which have been submitted by the government subsequent to the RIAA lawyers's going to work for the DOJ, were both quite poorly done, and took wild and crazy legal positions obviously calculated to please the RIAA overlords.

      I am beginning to suspect that there are more un-bent, ethical legal professionals out there than my early upbringing seemed to indicate. We are such children of the meme-stream...

      It's difficult to consider at times that professionalism sometimes means being loyal to your employers until you can beat a retreat. I suppose that must be a part of the legal profession. At least some percentage of the lawyers out there went into the profession on the belief that they could right wrongs, and it's beginning to look like some people kept the faith all the way to the top.

      I am now wondering if some of those DOJ ex-**AA legals didn't weep at the prospect of being able to escape.

      All in all, I found that to be a nice piece of news. And I'm beginning to harbour some nice suspicions.

      --
      Do not mock my vision of impractical footwear
    9. Re:If a laywer is any good... by NewYorkCountryLawyer · · Score: 2

      All in all, I found that to be a nice piece of news. And I'm beginning to harbour some nice suspicions.

      Well, like I say... I'm not ready to genuflect just yet. But this brief was good news.

      --
      Ray Beckerman +5 Insightful
    10. Re:If a laywer is any good... by MaskedSlacker · · Score: 2, Interesting

      After Biden's Hollywood Speech, I doubt it. More likely this is a circuitious maneuver to benefit the MAFIAA in the long run by surrendering tactical ground now.

    11. Re:If a laywer is any good... by Nefarious+Wheel · · Score: 5, Funny

      Well, like I say... I'm not ready to genuflect just yet. But this brief was good news.

      Where's Tom Lehrer when we need him? Two, four, six, eight...

      Actually I'm beginning to think this whole copyright business was scripted by Gilbert & Sullivan. Anyone?

      I'll start it.

      "This is the very model of a copyright attorney brief

      In amicus it challenges the findings for recording fiefs

      It simply disassembles any arguments enjoining use

      Of any little copies kept in RAM for momentary use!

      The data kept in buffers necessarily but fleeting is

      Not there for long enough to be infringing on your rights it is

      It's not enough to keep petitioners to keep petitioning...

      (pause)

      Your language overbroad is far too scattered to define the thing!

      --
      Do not mock my vision of impractical footwear
    12. Re:If a laywer is any good... by 4D6963 · · Score: 1

      Really, that's what you guys say now? When the DoJ hired RIAA lawyers, all you'd see on Slashdot was !change tags and such comments as "Now that's change you can believe in! /sarcasm". I guess it shows that Slashdot's collective knee jerk reactions are full of shit. Unable to see anything positive about the RIAA lawyers being hired, NOW you all see it.

      --
      You just got troll'd!
    13. Re:If a laywer is any good... by Sun.Jedi · · Score: 1

      I was not intending to comment on this particular case. I was commenting on the flip-flop. Ray corrected that thought in saying the RIAA/MPAA lawyers we recused for 2 years, so there is no flip-flop. And also, it's not so much a wish to punish, as much as a wish to understand how they get to do that in the first place. I do see your point, and agree in large part with the sentiment.

    14. Re:If a laywer is any good... by Anonymous Coward · · Score: 0

      I nominate for best post of the decade.

    15. Re:If a laywer is any good... by Anonymous Coward · · Score: 0

      It's difficult to consider at times that professionalism sometimes means being loyal to your employers until you can beat a retreat. I suppose that must be a part of the legal profession.

      True. In addition, lawyers are there to represent their clients, not necessarily their own opinions.

      It's like going to a car mechanic, and even though he tells you that it's not worth your money, you tell him to fix it anyhow. So he tries his best to fix the thing, even if he knows it's a lost cause in the end.

      The prevailing opinion of the general public is that lawyers are only there to "get the win", when in fact the only reason they should be there (notice I did not say "are") is to provide the client with proper legal advice & resources. Ultimately the client determines the course of action, regardless if it's a civil or criminal matter.

    16. Re:If a laywer is any good... by Anonymous Coward · · Score: 0

      That's really Excellent! Even matches the original rythm and all !

    17. Re:If a laywer is any good... by jackbox · · Score: 1

      Bravo! This was great!

  2. Good call by PktLoss · · Score: 4, Insightful

    Can someone mod those lawyers up? +1 insightful.

    1. Re:Good call by Daimanta · · Score: 4, Funny

      "Can someone mod those lawyers up?"

      Something I would never expect to see here on /.

      Furthermore, it's modded 4 Insightful.

      I'm staring at my window now, waiting for a pig fly-by.

      --
      Knowledge is power. Knowledge shared is power lost.
    2. Re:Good call by gringofrijolero · · Score: 3, Funny

      waiting for a pig fly-by..

      Sorry. That was last month

      --
      Todos mis movimientos están friamente calculados
    3. Re:Good call by iggymanz · · Score: 1

      I am actually surprised the Obama administration actually went against the wishes of a powerful cartel, maybe there is some hope we might get a wee bit of real change. I haven't seen any flying pigs, but I do keep Lucifer on retainer and he just shat an ice cube.

    4. Re:Good call by RichardJenkins · · Score: 2, Funny

      Sorry, that doesn't actually work outside of Slashdot.

    5. Re:Good call by oldhack · · Score: 2, Funny

      Whose fault is that? Mod down the reality: -1 overrated.

      --
      Fuck systemd. Fuck Redhat. Fuck Soylent, too. Wait, scratch the last one.
    6. Re:Good call by Scrameustache · · Score: 1

      I'm staring at my window now, waiting for a pig fly-by.

      This is time that would be better spent building a reinforced, manure-proof umbrella.

      --

      You can't take the sky from me...

    7. Re:Good call by Anonymous Coward · · Score: 0

      Pigs *can* fly. MS developer said that so it must be true.

    8. Re:Good call by LordKazan · · Score: 3, Informative

      it shouldn't be too surprising... he actively refused donations from lobbyists (snopes confirms)

      --
      If you cannot keep politics out of your moderation remove yourself from the Mod Lottery.. NOW!
    9. Re:Good call by Anonymous Coward · · Score: 0

      Close that window, you'll get swine flu!

    10. Re:Good call by Nefarious+Wheel · · Score: 1

      but I do keep Lucifer on retainer and...

      You're a Sony BMI exec?

      --
      Do not mock my vision of impractical footwear
    11. Re:Good call by Nefarious+Wheel · · Score: 1

      Pigs *can* fly.

      Actually they don't fly so much as plummet. I presume you can get one to work as a projectile in a rather large gun if you can find pigs of that calibre.

      The ancients once used "battle pigs" covered in pitch. They'd set them on fire and release them in an attempt to spook their opponent's horses. The results were inconsistent.

      --
      Do not mock my vision of impractical footwear
    12. Re:Good call by metaforest · · Score: 1

      Pigs don't fly. They glide.

      It's just that their glide ratio is closer to a rock than a feather.

      \Pedantic

  3. Please let this be a trend by Nesman64 · · Score: 5, Funny

    I know it isn't likely, but I would love to see this evolve into a situation where I could time shift my MythTV recordings with other users over BitTorrent.

    --
    coffee | nose > keyboard
    1. Re:Please let this be a trend by bughunter · · Score: 5, Interesting

      I'd be happy if it just leads to a ruling that I can back up my DVDs onto my networked media server so i can a) bypass advertisements and b) stream them to other TVs in the house. I don't copy from or make available to anyone outside the walls of my house, and my media server is not shared over the internet.

      --
      I can see the fnords!
    2. Re:Please let this be a trend by decoy256 · · Score: 5, Insightful

      This needs to be the main focus of digital rights, at least right now. When I buy something, I should have the right to transfer it to any media form I deem proper for my own uses. Heck, if I wanted to transfer my DVDs to BetaMax, I should have the right (of course, the reverse is also true and the more likely/useful application of this theory).

    3. Re:Please let this be a trend by ericrost · · Score: 1

      You don't do that? Why not?

    4. Re:Please let this be a trend by Naturalis+Philosopho · · Score: 2, Insightful

      Hear hear! Wanna know why Blu Ray isn't catching on? Because I (like many others) have one player in my house that can play those disks. When I get a movie, I often see the DVD sitting right next to the Blu Ray, and I think "well, DVD looks good enough, it's $10 cheaper, and I can play it in any room in my house and on the road in my computer." The Blu Ray sits on the shelf while the DVD goes home with me. It's only by making tech ubiquitous and easy to use, and by changing the laws to make the content that we buy/pay for actually usable that products get sold. DECSS probably sold more DVDs than any marketing campaign ever... and anyone else notice how free, recordable, over the air television (paid for with embedded-but-removable commercials) is catching back on?

    5. Re:Please let this be a trend by ryszard99 · · Score: 1

      You don't do that? Why not?

      Because they accidentally the whole thing?

      --
      -- $_='ab-bc ratvarre';tr"'a-z'"'n-za-m'";print
    6. Re:Please let this be a trend by MaskedSlacker · · Score: 3, Interesting

      Replace DVD with VHS in your post, and Blu-Ray with DVD (and minus the part 'bout the comp) and go back ten years and it would be just as true (or untrue rather).

      Blu-ray "isn't catching on" because the players are still damn expensive, like DVD players were 10 years ago. 10 years from now DVD will be just as replaced as VHS (if not sooner). However it may well not be by Blu-Ray.

      The reality is that HD is little more than novelty (sure, it is a sharper image, but so what? So is the view out my window), and once the novelty wears off the inconveniences of the 13cm plastic disc become obvious--especially compared to on demand internet service.

    7. Re:Please let this be a trend by metaforest · · Score: 1

      Go back a little further and CDs were pretty expensive in the early days. My first CD player was a 16x over sampling player with lousy ECC, but it was the best I could afford at $350. The better units were all in the $500 - $700 range in 1985.

  4. Gov representing reality is rare by Anonymous Coward · · Score: 1, Interesting

    For every time the gov deals with external reality, there are 100s of instances of decisions and actions based on some ideology or political interest.

    This is why big government inevitably produces a low economic growth rate, eventually leading to the collapse of the society.

    The only limit to the growth of gov is that collapse of the economic-social-political system.

    1. Re:Gov representing reality is rare by someone1234 · · Score: 3, Funny

      Sounds like non intervention is good policy.
      See what it did to the banking system and global economy?

      --
      Patents Drive Free Software as Hurricanes Drive Construction Industry
    2. Re:Gov representing reality is rare by maharb · · Score: 3, Insightful

      That is like blaming car accident deaths on seat belts(not wearing them/them not existing) rather than bad driving. Lack of regulation is not what killed the global economy. Regulation could prevent it from happening again, maybe, but that doesn't mean a lack of regulation caused anything.

      If everyone involved in the lending crisis had done a little homework before buying the loan packages they would have realized that they were paying too much. It was their own free will to buy the crappy loans, no one forced them. Regulation is just forcing people to do the homework + making people jump through more hoops.

    3. Re:Gov representing reality is rare by hedwards · · Score: 1, Insightful

      Sort of, non-intervention wouldn't necessarily be bad. What's bad is fascism. I know I'll get modded down for it, but the Republicans more or less destroyed the economy through interfering when people wanted to set limits on corporations and stepping out of the way when corporations wanted to interfere with people. Intervening on behalf of corporations against the people is definitely a popular policy amongst fascists, combine that in with the ruthless mindless nationalism and you've got the makings of a party that Mussolini would be proud of. A policy of complete non-intervention would likely work better than that, but still over the long term you'd end up with the upper classes owning everything with the everybody else in indentured servitude.

    4. Re:Gov representing reality is rare by Anonymous Coward · · Score: 5, Insightful

      That's a really good point. That's why I advocate turning over all economic policy making to hyper-intelligent, omniscient, perfectly altruistic robot overlords.

      Oh, we don't have those yet? Guess we better go with that "regulation" thing.

    5. Re:Gov representing reality is rare by Anonymous Coward · · Score: 0, Insightful

      Sounds like non intervention is good policy. See what it did to the banking system and global economy?

      There's a difference between involvement and empire-building. Right now the USA is empire-building, they just don't call it that because it would be unpopular. What we're doing right now is sort of like Theodore Roosevelt's "dollar diplomacy" except on a whole new level of ruthlessness (see also: economic warfare, narcoterrorism). It's definitely empire-building, there is no other good way to describe using covert operations to overthrow democratically-elected governments and replace them with dictators who are favorable to our interests, which is something the USA has a long history of doing from the Iranians to the South Americans. That, by the way, is why the terrorists hate us, why there are so many people who are so desperate that they are willing to commit suicide attacks just to strike at us. It is not because of our freedoms or because we don't require women to cover up head to toe. What they do is atrocious and I am not saying it's right, only that we're not the innocent bystander victims that we like to think we are and that maybe we're having so many problems with these people because of how much we have provoked them for generations.

      The surpreme accomplishment of the power-mad fucks who are behind all of this (the "old money" families that constitute the American aristocracy, like the Carnegies, the Rothchilds, the Rockefellers, and the Morgans and others) is that the average American has no idea that any of this goes on. It's hard to oppose what you don't even know about, after all. Next time you hear about a "shadow government" that uses the media and public schooling in order to keep people stupid, well, this is what that refers to.

    6. Re:Gov representing reality is rare by FishWithAHammer · · Score: 1, Insightful

      I suggest you go look up the definition, history, and maybe some examples of fascism, having somebody help you when you stumble over the hard words. Because calling the Republicans "fascists" (at least, while giving the "hey GM CEO, you be fired now, k?" Democrats a pass) is pretty silly.

      --
      "You can either have software quality or you can have pointer arithmetic, but you cannot have both at the same time."
    7. Re:Gov representing reality is rare by mjwx · · Score: 5, Interesting

      That is like blaming car accident deaths on seat belts(not wearing them/them not existing) rather than bad driving.

      No, blaming the market rather then those who abused the market is like blaming a perfectly good road to cover up for a drivers incompetence.

      Lack of regulation is not what killed the global economy.

      Well I suppose it is those who took advantage of the lack of regulation.

      Regulation could prevent it from happening again

      Like regulation prevented the GFC from becoming a major issue in Australia? Banks being forced by the government to maintain a certain percentage of liquidity to prevent them running entirely on credit, or interest rates that reflected the true growth of the market?

      but that doesn't mean a lack of regulation caused anything.

      Well, empirical evidence suggests otherwise, the AUD is at .78 USD, it was about this during Australia mining boom. +1 for Australia's overly regulated banking system (none of whom have required bailing out BTW).

      If everyone involved in the lending crisis had done a little homework before buying the loan packages they would have realized that they were paying too much.

      B-b-b-but it I'm able to sell a predatory loan shouldn't I be entitled to profit on it.

      The blame here lies not on those who were sold the bad loans but on those who were selling the bad loans, this goes all the way back to the government whom would not allow interest rates to reveal the true state of the economy although it also includes those bankers who knew better but did not act against it as there was profit to be made in the mean time.

      Remember that the economy relies upon those who are not experts at economics as much as the car industry relies upon those of us who cannot strip a six cylinder car engine blindfolded.

      Regulation is just forcing people to do the homework + making people jump through more hoops.

      So, you're saying that regulation gives people more time to decide weather a large debt is feasable or not. But isnt regulation a bad thing(TM).

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
    8. Re:Gov representing reality is rare by causality · · Score: 3, Interesting

      I suggest you go look up the definition, history, and maybe some examples of fascism, having somebody help you when you stumble over the hard words. Because calling the Republicans "fascists" (at least, while giving the "hey GM CEO, you be fired now, k?" Democrats a pass) is pretty silly.

      An accusation made against one party is typically defended by pointing out that the other party is no better. I have a way of neatly avoiding such bickering. For all practical purposes, whether this was intentional or accidental, the USA has one party that happens to be composed of two factions. They're both rotten bastards and the continued dominance of politics by the Democrats and the Republicans guarantees that nothing really changes. They're both leading us to a fascist nanny-state or whatever you care to call it and they'll blame each other for it the whole time that they are taking us there. For those who don't want to live in a modern police state, this is nothing to celebrate.

      I mean, this news is good and it's a step in the right direction, but it's a tiny little baby-step that's barely even measurable compared to all of the other things that need to change if the USA is going to once again become a sustainable country (financially and otherwise) that really celebrates freedom instead of paying lip service to it. A good start would be to implement the single transferrable vote, this would go a long way towards breaking the two-party duopoly and allowing more third parties to actually stand any chance of winning elections (or at least, to lose elections because the people know about them and disagree with them and not because a duopoly has made them obscure).

      --
      It is a miracle that curiosity survives formal education. - Einstein
    9. Re:Gov representing reality is rare by Anpheus · · Score: 3, Insightful

      Fascism is supreme belief in the power of the state and/or the party and that if you're "against them" you're "against ."

      If you're not with us, you're AGAINST US!

      If you don't like Bush, GET THE FUCK OUT OF AMERICA!

      If you don't like the Patriot Act, MOVE TO A DIFFERENT COUNTRY!

      If you're against the war, YOU'RE AGAINST THE TROOPS!

      That's fascism, and those are all quotes I've heard from Republicans, either personally or have seen at demonstrations on YouTube. None of those quotes is made up.

      That's fascism, FishWithAHammer. Obama asked GM's CEO to step down and be replaced. It wasn't forced, just like we weren't forcing them to take billions of dollars of funds that would protect America's stake in the international automotive industry. But hey, if they wanted it, they had to make some concessions.

      Unlike Bush, who was totally in favor of just giving away ten times as much money with no accountability whatsoever.

    10. Re:Gov representing reality is rare by FishWithAHammer · · Score: 1

      An accusation made against one party is typically defended by pointing out that the other party is no better. I have a way of neatly avoiding such bickering. For all practical purposes, whether this was intentional or accidental, the USA has one party that happens to be composed of two factions. They're both rotten bastards and the continued dominance of politics by the Democrats and the Republicans guarantees that nothing really changes. They're both leading us to a fascist nanny-state or whatever you care to call it and they'll blame each other for it the whole time that they are taking us there. For those who don't want to live in a modern police state, this is nothing to celebrate

      Now, see, this is well-said. I have no party allegiance (fiscally conservative, socially very liberal); it just makes me chafe to see partisan idiots start screaming bullshit without acknowledging that their own side is as bad or worse.

      --
      "You can either have software quality or you can have pointer arithmetic, but you cannot have both at the same time."
    11. Re:Gov representing reality is rare by geekboy642 · · Score: 4, Insightful

      Any argument that requires a strong majority of the populace to be an intelligent and rational actor is flawed. At least half of the human race falls below the mean intelligence level. When was the last time high school taught a course that detailed how to get a loan in a safe way, or how to sensibly manage credit? Many high schools don't even require civics courses, preferring instead a selection of "multicultural studies", "introduction to computers", and "remedial English grammar".
      Any argument that requires a strong majority of businesses to act in a completely ethical fashion, without external pressures, is flawed. Corporations exist only to extract wealth. Thanks to the de-regulation of the last couple of decades, businesses have been free to take any action that improves the bottom line. They loaned to people with no income verification, to people who were blatantly unable to repay the loans. Predictably, many of these people defaulted on their loans. The credit industry cannot function when the default rate erases any possible profits, and eats into capital besides. This is a case of individual businesses acting to harm the environment (the industry in which they work) for their own selfish gains, a true "tragedy of the commons".
      A rational and educated actor would have been able to see 5 years into the future, and know that their income would not suffice for them to manage the repayment.
      A rational and educated government would have been able to look back to 1929, and draw lessons from the boom time immediately before the crash that spawned the great depression.

      --
      Just another "DOJ fascist authoritarian totalitarian bootlicker" -- Zeio
    12. Re:Gov representing reality is rare by NewYorkCountryLawyer · · Score: 1

      this news is good and it's a step in the right direction, but it's a tiny little baby-step that's barely even measurable compared to all of the other things that need to change if the USA is going to once again become a sustainable country (financially and otherwise) that really celebrates freedom instead of paying lip service to it.

      I agree.

      --
      Ray Beckerman +5 Insightful
    13. Re:Gov representing reality is rare by ivucica · · Score: 1

      Did you ever read Snow Crash?

    14. Re:Gov representing reality is rare by Anonymous Coward · · Score: 0

      Of course.

      Tho I don't quite see the connection. It presented an interesting version of anarchy.

      We are faced with oligopoly : every law carves off a slice of the GDP for some interest groups, always including lawyers and accountants.

    15. Re:Gov representing reality is rare by Beer_Smurf · · Score: 1

      When did we have non intervention?
      If the government directs the lending institutions that it controls to make loans to people that a regular market would not consider worthy and the other banks have to compete with that, how is that non intervention?
      When organizations take stupid risks because they know their government buddies will bail them out, how is that non-intervention?
      We have something working that is worse than non-intervention, we have stupid and crooked intervention.
      Before anyone starts with partisan crap, do your homework, both sides of the aisle are astoundingly stupid and crooked.

    16. Re:Gov representing reality is rare by Anonymous Coward · · Score: 0

      Mod this up!

    17. Re:Gov representing reality is rare by soren202 · · Score: 1

      preferring instead a selection of "multicultural studies", "introduction to computers", and "remedial English grammar".

      Replacing, of course, "introduction to computers" with gym.

      I wish I was kidding more.

    18. Re:Gov representing reality is rare by ivucica · · Score: 1

      Because people too often accuse government and regulation as the sole cause of economic problems. While Snow Crash also portrays the society where government failed, it also shows that we wouldn't necessarily be better off without a government.

      And your description of the society in SC as anarchy, it isn't; it's actually some sort of corporatocracy with various companies running various city districts. Again you have rule, again you have rulers... but you have people who are just as miserable.

      Government interventions could be said to have saved US though now by reading Wikipedia I see that it's disputed. However, you can't say that letting xxAA, Microsoft and friends rule without control is a good thing. I'm not sure how it's in the US, but here in Croatia, the state takes care of children's playgrounds, of schools, etc.

      Of course that state shouldn't involve itself too much in control of the society. But eliminating the state completely would be detrimental, because it's in human nature to deceive, to cheat and to work for own benefit at expense of others. Even if it isn't, too many people behave like it is.

      For another example of corporatocracy, remember Total Recall.

      Big government is bad. See Croatia, especially slow process for obtaining construction permits. But - no government is even worse. Uncontrolled market fighting based on Darwinistic principles would destroy common people and ultimately any freedoms we may have.

    19. Re:Gov representing reality is rare by causality · · Score: 1

      Fascism is supreme belief in the power of the state and/or the party and that if you're "against them" you're "against ."

      If you're not with us, you're AGAINST US!

      If you don't like Bush, GET THE FUCK OUT OF AMERICA!

      If you don't like the Patriot Act, MOVE TO A DIFFERENT COUNTRY!

      If you're against the war, YOU'RE AGAINST THE TROOPS!

      That's fascism, and those are all quotes I've heard from Republicans, either personally or have seen at demonstrations on YouTube. None of those quotes is made up.

      That's fascism, FishWithAHammer. Obama asked GM's CEO to step down and be replaced. It wasn't forced, just like we weren't forcing them to take billions of dollars of funds that would protect America's stake in the international automotive industry. But hey, if they wanted it, they had to make some concessions.

      Unlike Bush, who was totally in favor of just giving away ten times as much money with no accountability whatsoever.

      That made me think of something I have rarely heard anyone talk about. From what part of the Constitution does the federal government derive the authority to take such a strongly active role in the financial markets? Is this another "commerce clause" sort of thing that means whatever you want it to mean depending on what is convenient at the time and who is in power?

      --
      It is a miracle that curiosity survives formal education. - Einstein
    20. Re:Gov representing reality is rare by NewYorkCountryLawyer · · Score: 4, Insightful

      Big government is bad.

      That's the Reagan myth which has been handed down, and which has caused our present crisis, that it's okay to have big corporations but not big government. It doesn't work that way. If you're going to have mega-corporations running business, you need big government to regulate them.

      --
      Ray Beckerman +5 Insightful
    21. Re:Gov representing reality is rare by ravenshrike · · Score: 1

      Please show me where republicans in government have bought a private company(because that's what the automotive loans really are) and then fired the CEO out of a fit of pique. Really, I'd like to know.

    22. Re:Gov representing reality is rare by ravenshrike · · Score: 1

      No it's not. Fascism is primarily an economic descriptor, with various social policies that are necessitated by said economic structure. A government owning parts of all businesses and not being hyper-nationalistic(forced or not) would never work because without the acceptance that the state is right, people would ignore it's mandates about business.

    23. Re:Gov representing reality is rare by ravenshrike · · Score: 1

      Shows how? One man's fantasy about what might happen in no way empirically demonstrates anything. Not to mention that people are not suggesting no government.

    24. Re:Gov representing reality is rare by Mr2001 · · Score: 1

      For all practical purposes, whether this was intentional or accidental, the USA has one party that happens to be composed of two factions.

      I guess your definition of "all practical purposes" doesn't include issues like health care, abortion, gay rights, environmental regulations, the promotion of religion in the public sector... you know, issues that matter to most Americans.

      To most voters, there is in fact a big difference between the Democrats and Republicans. The difference is only hard to see if you're part of a small group (which is overrepresented on Slashdot) that mostly cares about abstract things like "a fascist nanny-state" (i.e. the number of laws in existence) rather than real, observable changes in their day-to-day lives.

      --
      Visual IRC: Fast. Powerful. Free.
    25. Re:Gov representing reality is rare by sensei+moreh · · Score: 1

      At least half of the human race falls below the mean intelligence level.

      Not necessarily true. On the other hand, exactly half (+/- 1) of the human race falls below the median intelligence level.

      --
      Geology - it's not rocket science; it's rock science
    26. Re:Gov representing reality is rare by Mix+Master+Nixon · · Score: 1, Insightful

      If you don't like Bush, GET THE FUCK OUT OF AMERICA!

      I anxiously await the departure from our shores of every single person who said the above, now that most of them are hysterically going after the sitting, properly elected President with every bit of preposterous garbage they can pull out of their asses. Seriously, by your own definition, you hate America; please leave immediately. The grown-ups have important stuff to do and your tantrums have grown annoying. Don't make us spank you and send you to bed without your dinner.

      --
      Oppressing an entire population is never cheap.
      --Jeckler (/. Beta IS GARBAGE!)
    27. Re:Gov representing reality is rare by causality · · Score: 1

      I guess your definition of "all practical purposes" doesn't include issues like health care, abortion, gay rights, environmental regulations, the promotion of religion in the public sector... you know, issues that matter to most Americans.

      I'm glad you brought up the most common misconception. It's more like, both parties have only one method by which they want to deal with all of the above issues: the expansion of the size and power of government as well as its involvement in daily life. The only question is whether they will prefer to restrict economic freedoms (Democrats) or personal freedoms (Republicans) when dealing with these issues, but freedom is freedom so I see little meaningful difference there.

      --
      It is a miracle that curiosity survives formal education. - Einstein
    28. Re:Gov representing reality is rare by im_thatoneguy · · Score: 1, Troll

      I'm a liberal. (Not really a democrat since I don't want my opinions to be automatically determined by a party).

      But I get sick and tired of this sort of ignorant bullshit.

      We don't have a true two party system. We have a 30+ party system that has a run off to two candidates. Ron Paul tried running as a Republican. He failed. Why? Because there aren't enough people who agree with him for him to win! No conspiracy. No monopoly of ideas on the two parties... he's just a loser that not very many people like.

      The primary system is an opportunity for anybody to vote between an almost bewildering array of choices. Look at Michael Steele and the Republican party. What does the republican party believe in? Nothing. Look at the democratic party what do they believe in? Nothing. They are simply a fundraising and loose collections of individuals. Ideologically speaking they are composed of their members and most importantly of their leadership. If communists want to run they could run as a Republican. Or they could run as a Democrat. There is nothing to intrinsically define a party except whether or not they can garner enough votes.

      Historically there have been numerous instances where the definition of Democrat and Republican have completely flipped.

      The differences between Obama and Dennis Kucinich are about as extreme as Obama and McCain. The differences between McCain and Ron Paul were about as much as Obama and McCain.

      There is no Duopoly unless you are completely uninvolved in primary politics. And if you are dissatisfied with your choices then you have nobody but yourself to blame for not getting involved and working to get your candidate to the forefront.

    29. Re:Gov representing reality is rare by causality · · Score: 1

      There is no Duopoly unless you are completely uninvolved in primary politics. And if you are dissatisfied with your choices then you have nobody but yourself to blame for not getting involved and working to get your candidate to the forefront.

      There is a duopoly because those primaries are organized, sponsored, and run by the two major parties!

      I'll give an analogy. Let's say that Microsoft is the one and only company making any sort of computer operating system. Let's say there is no Apple, nor Open Source, nor any other operation that competes in any way with Microsoft. What you're saying there, is just like saying "well Microsoft has many employees who work in lots of different positions in the company, and some of them have differences of opinion as to how an operating system should be designed, so clearly there is no monopoly." Only that would be absurd, and for the same reason, what you said there does not add up.

      --
      It is a miracle that curiosity survives formal education. - Einstein
    30. Re:Gov representing reality is rare by Anpheus · · Score: 3, Insightful

      http://www.google.com/search?rlz=1C1GGLS_enUS327US327&sourceid=chrome&ie=UTF-8&q=define:fascism

      A lot of people disagree with you. Fascism is not "primarily" an economic descriptor. Fascism has in fact, little to do with socialism or capitalism. It's a political ideology that the government is best and that they can cure our ills. This can take the form of extreme pressure or crimes against political dissidents, or it can take the form of state-owned monopolies, or other things. Fascism starts with a single kernel of an ideology: our way is best, you aren't part of us, so get the fuck out of our way or join us.

      That's it. It's patriotism taken to its most extreme. In Italy, it meant if Benito Mussolini contradicted himself, he was right both times. It means that whatever the government does is right, and if you aren't for it, you're against it and you're hurting (pick at least one): progress, the future, the children, democracy, the nation, the system... Etc.

      The extreme nationalism encourages people to accept things like government ownership of things, because after all, if you're not with them, you're against them. And the troops. And the flag. And whatever else.

      And let's be honest, Bush's supporters (note I did not say Bush himself) were the closest to fascists this nation has ever had. They were those hyper-nationalistic people you refer to.

    31. Re:Gov representing reality is rare by ivucica · · Score: 1

      It's no science, but we need to learn about possible threats from books. It probably won't happen, but perhaps it won't happen because we now know to avoid it. And because of it, we can think about potential dangers, and avoid them. In any case, we're warned.

      And about people not suggesting no government: continuous reduction in government powers would eventually remove the government from playing field. If you've read SC, you'll remember that government exists there, too; it's, however, reduced to a bureaucracy without real power to control the companies that rule the landscape.

      Do you have an alternative scenario?

    32. Re:Gov representing reality is rare by ivucica · · Score: 2, Informative

      Agreed. But, too big government is bad. Again, I'm referring you to my own country, Croatia.

      Where court cases commonly last 3 years, and extreme cases for over 20 years.

      Where people and companies wait for 1-3 years for construction permits -- even when the companies would bring large profit and extra employment to local community.

      Where people sometimes get off the hook with the law simply by waiting for the case to become too old according to the law. (For example, avoid getting sued for few years for not paying bills, and you can't get sued at all.)

      Here's a quote in Croatian (source):

      Broj zaposlenih u drzavnim i javnim sluzbama, dakle onih koji primaju placu iz proracuna, iznosi oko 250.000. Od toga u javnim sluzbama, kao sto su obrazovanje i zdravstvo, radi 180.000 ljudi, dok drzavna uprava broji 65.000 zaposlenika.

      Translation:

      Number of people employed in state and public services, meaning those who get paid from state treasury, is about 250.000. Out of that in public services, such as education and health care, works about 180.000 people, while the state administration contains 65.000 employees.

      Most important number here is 65.000, in a country with a population of 4.2 million and with about 400.000 employed people (perhaps I'm even optimistic with that last number).

      Now, let's again talk about big governments -- can they really be efficient? Does the size of state apparatus really say something about the strength of the government itself? Is the far-reaching hand government really that important, so much more than the freedoms we might gain if it controlled a bit less?

      We definitely don't need absolute lack of government like in Snow Crash. We also don't need absolutely big government.

      USA probably needs a small reduction in government powers, and greater responsibility of its leaders towards the public. It'll still stay a "big" government capable of protecting the public. Croatia however needs a large reduction of government apparatus, still remaining a powerful government on its sovereign territory capable of handling corporate problems.

      What we don't need it the government to act towards its people like a "big" government.

    33. Re:Gov representing reality is rare by Fulcrum+of+Evil · · Score: 1

      Is this another "commerce clause" sort of thing that means whatever you want it to mean depending on what is convenient at the time and who is in power?

      The commerce clause is much abused, but this is a clearly needed thing: interstate commerce requires interstate markets, and without regulation, things go off the rails. You could argue that it shouldn't be this way, but we do need the SEC, even if it means an amendment allowing them.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    34. Re:Gov representing reality is rare by NewYorkCountryLawyer · · Score: 4, Insightful

      What we probably really need is smaller corporations. Another part of the Reagan legacy was to relegate antitrust enforcement and securities law enforcement to a back seat. We need a strong dose of government to start moving away from monopolization, anticompetitive practices, and financial gamesmanship. And to move towards investment in the people who live here, with health care, education, child care, housing for the homeless, etc. Then when we have made some progress in those areas, we can start talking about reducing the size of government. But not until then.

      --
      Ray Beckerman +5 Insightful
    35. Re:Gov representing reality is rare by ivucica · · Score: 1

      :)

      It's surprising how different our perspectives considering our opinions are not all that different.

      Foreign powers constantly slap Croatia's fingers about having too large social and populist measures such as free health care. And I keep thinking how, in many US movies and series we see on our TV, people are constantly having problems with not being able to afford proper health care. This is one point where USA may need greater government involvement.

      What your people have to be careful about, though, is not to let the government explode in size. Perhaps you just need to refocus your spending and reassign your personnel instead of making the government larger? Because, as the government becomes larger, you'll face greater government corruption than now. People will get used that their friend's uncle can help them get that document in three days instead of a month (remember, the government is slower by then).

      Is it common to wait a month in USA for the ID card to be made? Do you think a larger apparatus would solve that?

      From my perspective of a foreigner, USA needs some state/federal-owned companies, and not larger government. Worst move of Croatian government during deregulation of communication sector was sale of our telecom to Deutsche Telecom (a.k.a. T-Com). Guess who now claims to own the entire national telephone cable infrastructure? No, it's not the state. It's pure monopoly now. Our national telecom is one company that needed to stay in state hands, so that the government can control the prices to some extent. Not enough to make it non-profitable, but enough to avoid arrogant MS-type moves that T-Com constantly makes.

      Just to make it clear once again: I agree that state needs to invest money primarily into health care, education, etc. Croatian government (or local authorities) do so. Just be very careful about making government big and strong and powerful. You might not be able to reduce once it starts growing back without drawing protests of dissatisfied to-be-former employees of bureaucracy.

    36. Re:Gov representing reality is rare by Anonymous Coward · · Score: 0

      No, see, it's OK for the wingers, because Obama wasn't actually elected, because blacks voted for him, and blacks shouldn't count, or at most only count 3/5ths.

    37. Re:Gov representing reality is rare by MaskedSlacker · · Score: 0, Offtopic

      Who modded this informative? Really? You didn't know that we don't have hyper-intelligent, omniscient, perfectly altruistic robot overlords? Really?

    38. Re:Gov representing reality is rare by MaskedSlacker · · Score: 1

      Regulation is just forcing people to do the homework + making people jump through more hoops.

      So, you're saying that regulation gives people more time to decide weather a large debt is feasable or not. But isnt regulation a bad thing(TM).

      Making people jump through hoops IS generally a bad thing.

      Forcing them to do their homework is not.

      Regulation is like all socio-economic arrangements, it is a trade-off with costs and benefits. It is neither intrinsically good or bad.

    39. Re:Gov representing reality is rare by MaskedSlacker · · Score: 1

      Well, exactly half DO fall under the mean IQ, by definition. Whether that is also representative of mean intelligence is another issue.

    40. Re:Gov representing reality is rare by pitterpatter · · Score: 1

      While Snow Crash also portrays the society where government failed, it also shows that we wouldn't necessarily be better off without a government.

      I keep seeing what I call "arguments from fiction" here on /., and I do some of it myself , but I'd like to remind people that it is, after all, fiction. With all respect to Mr. Stephenson, whom I admire greatly and support by buying his books, I started wondering about some aspects of Snow Crash during a recent re-reading: How do electrical transmission lines stay up (not get stolen)? Who refines fuel, and how do they transport it? How can a corporation afford to make a cool motorcycle like that, when their market is all fragmented? Who maintains roads? Who grows food, and why?

      A lot of my questions boil down to economics, and I'm not enough of an economist to even tell whether that issue was adequately addressed in the book. I know he mentioned inflation, and there was some hand-waving about Kongbucks, but really...

      I got off track there. What I'm trying to say is that, as amazing as Snow Crash is, you really shouldn't think that it reflects reality any more than, say, Monty Python. Just saying.

    41. Re:Gov representing reality is rare by Anonymous Coward · · Score: 0

      Good old slashdot, where insightful but unpopular posts get modded troll.

    42. Re:Gov representing reality is rare by Rakshasa+Taisab · · Score: 1

      That's not big government, that's _inefficient_ (and likely corrupt) government.

      There have been some rather large paradigm shifts in the past two decades on how governments should operate, commonly referred to as New Public Management. Sounds like your country doesn't even have proper old public management.

      --
      - These characters were randomly selected.
    43. Re:Gov representing reality is rare by MaskedSlacker · · Score: 1

      Newspeak for the win!

      While you're out completely redefining the word 'fascism,' maybe you could take a whack at 'if' and 'blue.' Those two words always bothered me.

      Fascism was, in the words of Benito Mussolini who more or less invented it (certainly invented the word), 'the unification of the corporation and the state.' Corporation of course did not mean the modern American C Corp in Mussolini's Italy, but rather referred to social groupings in general (family, neighborhood, Costco Club, RIAA, etc, all social groupings are one-with-the-state in fascism). The quote is often misused by modern left-ists who claim that it proves that corporate capitalism is fascism (it doesn't).

      It is characterized by extreme nationalism, in some cases xenophobia and racism (Hitler being the obvious case of this, Mussolini FAR less so--Mussolini's views on race were mostly a function of how much favor he was trying to curry from Germany at the moment rather than any sort of principle).

      There is no underlying economic theory in fascism. Mussolini and Hitler's economic philosophies varied over the years from more to less state involvement. They were anti-communist not because they favored capitalists over workers, but because communists were a political threat and in particular a usually anti-nationalist one (what with the talk of world socialist revolution and global proletariat). Significant portions of their economic agendas favored workers over capitalists, especially when those capitalists were politically undesirable persons to the regime.

      State ownership of businesses is not a feature of fascism. State sponsored cartels were, but again this had more to do with political expediency than anything else--the automobile company is a social grouping of workers and capital owners (some of whom may or may not be the same people), and fascism seeks to unify this structure with the state. Its interests must be aligned with the state, and its loyalties. This is not the same as state, or collective ownership however.

    44. Re:Gov representing reality is rare by sensei+moreh · · Score: 0, Offtopic

      Well, exactly half DO fall under the mean IQ, by definition. Whether that is also representative of mean intelligence is another issue.

      Wrong, wrong, wrong. You just failed statistics 101. The mean is neither the median nor the mode. And I'll even give you an example: Consider the numbers 88,88,90,92,157. The mean is 103. The median is 90. The mode is 88.

      --
      Geology - it's not rocket science; it's rock science
    45. Re:Gov representing reality is rare by Anonymous Coward · · Score: 1, Insightful

      And both are not tailored to the system our government model was devised to handle.

      Our market system was intended to handle millions of small-time companies. Not a small number of really powerful ones. Market pressure between the smaller companies, coupled with their smaller sizes are what is supposed to self-regulate the economy on that frontier, allowing the federal government to do its ACTUAL job, of managing inter-state commerce, and foreign trade relations.

      Considering that we currently have the latter condition, with a handful of really large companies, I am greatly in favor of high levels of antitrust legislation to break their market dominance powers, and lower the barriers to entry in the markets they currently control.

      However, it is my personal opinion that government really shouldn't be meddling there; I only support it because of the current conditions which require it.

    46. Re:Gov representing reality is rare by MaskedSlacker · · Score: 2

      No, I didn't. Maybe you've heard of the Normal Distribution: http://en.wikipedia.org/wiki/Normal_distribution

      One of it's properties is that the mean and the median are the SAME (as I said, by defintion). Mathematically speaking, one could say that the cumulative distribution function of the normal distribution, evaluated at

      Integral from x=-infinity to x=infinity xP(x) dx = xbar (the mean)

      is cdf(xbar)=0.5. Statistics 101, as you said.

      In modern IQ tests such as the Weschler: http://en.wikipedia.org/wiki/Wechsler_Adult_Intelligence_Scale, the standardized scores match a normal distribution with median/mean 100, and standard deviation of 15 (Other IQ tests use a standard dev of 20 I think, but I can't remember which).

      Thus, as I said, BY DEFINITION, 50% of people score under 100, the median AND mean, because, as I said, the median and the mean are the same for a normal distribution.

      Pro-tip: When you're going to say:

      Wrong, wrong, wrong. You just failed statistics 101

      try to at least think before you open your mouth (or in this case move your fingers). In general, you're right. In the specific case I was referring to, you are wrong, and end up looking like an idiot.

    47. Re:Gov representing reality is rare by Nefarious+Wheel · · Score: 1

      the car industry relies upon those of us who cannot strip a six cylinder car engine blindfolded.

      I very much agree with the above post. However, the car industry actually relies upon marketers, those people who can convince common people that the ability to strip a six cylinder car engine blindfolded is important and that you should buy a car endorsed by people who can.

      Subtle, subtle, but marketing is a bigger economic engine than many realise.

      Anyone who thinks the car industry ran on anything but the ability to convince people to buy things they didn't need* is snowing themselves**. Marketing is the force for artificial growth in any field, because it drives speculative acquisition. Artificial growth may be an important factor in keeping a technically enabled culture ahead of the wave, i.e. ahead of the point of real need, but being built up of forecasts, guesswork and fashion sense it's necessarily riskier.

      *ref: Ford F-650 pickup.

      **I don't mean that in the DeLorean sense

      --
      Do not mock my vision of impractical footwear
    48. Re:Gov representing reality is rare by tnk1 · · Score: 1

      Personally, changing the voting system really doesn't make a bit of difference. Do we really believe that the problems with the government are simply due to the two party system?

      The size of government is too big to be addressed by a geographically based representative system. You can have as many parties as you want and it won't help. As long as one person represents X number of people, where X is an increasingly large number and that same person has to somehow maintain expertise on an increasing number of government initiatives, there's still a problem.

      Now, I'm not wholly in favor of moving things out of the public sector, but we need more than just having a bunch of special interest parties sending representatives. The only value I see in that set up is that it retards government initiatives and slows down the growth of government. However, since they will simply form coalitions on the right and left, you'll just end up with small parties holding coalitions hostage like they do in various other countries. Under a parliamentary system of government, it may be tolerable, but with a presidential system, the multiparty infighting would simply cede more power to the executive. And given the issues, what we don't need more of is executive dominance.

    49. Re:Gov representing reality is rare by Swanktastic · · Score: 1

      I'm not going to take sides in this pissing contest here, but this reminds me of one fallacy that people always make. There is no guarantee that any set of raw data (such as IQs) has a normal distribution. In fact, all the time I hear someone say such and such data set (height, weight, whatever) has a normal distribution when what it actually has is a distribution that is closely approximated by the normal distribution. It is often very convenient to use normal distribution tools for analysis of the raw data set, but it is only an approximation. The only thing that is guaranteed is that if you take a ton of MEANS of random samples from a population of raw data, those means will follow a normal distribution, regardless of how the data is distributed.

      I skimmed through that wiki article and the language really doesn't say anywhere that IQ is a normal distribution- what is says is that "The median Full Scale IQ is centered at 100[2], with a standard deviation of 15. In a normal distribution, the IQ range of one standard deviation above and below the mean (i.e, between 85 and 115) is where approximately 68% of all adults would fall."

      To me, that sounds like a curve that is approximately normal in the middle, but may or may not be normal as one gets outside of 1 or 2 standard deviations. In fact, I would imagine there are humps in IQ on the lower end of things where certain pathologies tend to cluster (EG Downs Syndrome has a cluster around X, where X 100). That could very well mean that an IQ of say, X has a higher probability than an IQ of X+1, which definitely doesn't meet the definition of a normal distribution.

    50. Re:Gov representing reality is rare by Swanktastic · · Score: 1

      Sorry for the typo: I meant "where X is less than 100." I read a little bit more to satisfy my own curiousity and found this:

      It has been observed that scores outside the range 55 to 145 must be cautiously interpreted because there are smaller numbers of respondents with which to make comparisons in those ranges. Moreover, at such extreme values, the normal distribution is a less accurate estimate of the true IQ distribution.

      In actuality there is a higher percentage of the population measured at 3sd+ levels on the test than the probabilities of the normal distribution would predict. Some IQ scoring procedures may attempt to integrate such clusters of statistical outliers into the curve by adjusting the scores so that they better represent actual probabilities (according to Silverman) and in these cases, scores around 145 and above may actually have been notably higher, were they not so adjusted.

    51. Re:Gov representing reality is rare by Mr2001 · · Score: 1

      I'm glad you brought up the most common misconception.

      Thanks, but it wasn't in the part you quoted. The common misconception I addressed (although I guess you brought it up first) is the idea that the two parties are indistinguishable because they use similar tactics to pursue very different goals.

      The only question is whether they will prefer to restrict economic freedoms (Democrats) or personal freedoms (Republicans) when dealing with these issues, but freedom is freedom so I see little meaningful difference there.

      Again, that's because you're completely ignoring the outcome; you're only focusing on the tactics used to achieve it.

      One party wants you to have rights or privileges A, B, and C. The other wants you not to have those, but the unrelated rights or privileges X, Y, and Z instead. If you're one of the vast majority of Americans who cares where our country ends up on any of those issues, then you'll see a clear difference between the parties, even though they both want to (gasp!) pass more laws in order to get there.

      --
      Visual IRC: Fast. Powerful. Free.
    52. Re:Gov representing reality is rare by Anonymusing · · Score: 1

      by your own definition, you hate America; please leave immediately.

      I'm getting tired of this too. If anyone had said of Bush, "I hope he fails," that person would have been torn to shreds by the right-wingers, and accused of all kinds of anti-patriotic sentiment. But they can say it about Obama because, you know, he's just sending the country to hell, so it is patriotic to wish him ill.

      --
      Liberal? Conservative? Compare perspectives at Left-Right
    53. Re:Gov representing reality is rare by MaskedSlacker · · Score: 1

      From the main IQ wiki page (admittedly not the one I linked to):

      Although the term "IQ" is still in common use, the scoring of modern IQ tests such as the Wechsler Adult Intelligence Scale is now based on a projection of the subject's measured rank on the Gaussian bell curve with a center value (average IQ) of 100, and a standard deviation of 15, although different tests may have different standard deviations.

      It is not that the Weschler test has a normal distribution of scores, it's that the Weschler test scores in percentiles which are converted to IQ scores based on that normal distribution. The Weschler test does not measure the traditional IQ (mental age over physical age).

      The point of my original post really had more to do with the fact that IQ tests don't really measure intelligence (and as such was more than a little a non-sequitur), but then the Parent wanted to get into a pissing contest over whether I knew the difference between median, mean, and mode.

      What you describe (with regards to pathology clustering) is a very good reason why tests like the Weschler do not really measure intelligence.

    54. Re:Gov representing reality is rare by mjwx · · Score: 1

      Making people jump through hoops IS generally a bad thing.

      Yes and no. More hoops may make applications more difficult but often means more information going in.

      Forcing them to do their homework is not.

      The problem here is that you cant force a consumer to do their homework. You can however force banks to ensure that they will be able to cover the debt if things go badly. This is why having more information going in is a good thing.

      Regulation is like all socio-economic arrangements, it is a trade-off with costs and benefits. It is neither intrinsically good or bad.

      True, this was kind of my point, whether regulation is good or bad is entirely dependent on how it is used. The GP was insinuating that regulation was intrinsically a bad thing.

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
    55. Re:Gov representing reality is rare by phorm · · Score: 1

      "When was the last time high school taught a course that detailed how to get a loan in a safe way, or how to sensibly manage credit?"

      How many profs know how to do so, other than possibly college accounting profs. I've known some teachers who weren't so good at managing a paycheque.

      There are, however, courses available on some such things, but often outside of public education. Avoiding "ways to get screwed" is a pretty hard topic since new scams are invented almost daily, and nobody can really teach you to have/use common sense.

    56. Re:Gov representing reality is rare by ivucica · · Score: 1

      Supporters of free market (those most vocal about reducing government powers) maintain that free market would adjust itself accordingly.

      Who grows food? Well, the Pizza Mafia of course, otherwise how would they bake pizzas? They simply employ Bangladesh immigrants. Roads are maintained by competing corporations (clearly stated in the book). Market isn't really fragmented; there are, for example, Mafia franchises all over as well as Mr. Lee's Hong Kong (or whatever it's called).

      About electricity: tell me, how does Somalia keep its telecommunications infrastructure "best in Africa", despite the anarchy and lack of central government?

      I'm surprised that people think I believe SC to be reality. That is not so. I just believe that much of our fiction is not so far from reality. Even Monty Python. And their Vikings.

    57. Re:Gov representing reality is rare by ivucica · · Score: 1

      Inefficient and corrupt due to size of its bureaucracy. And what else is government but bureaucracy? Sometimes efficient bureaucracy and regulation, sometimes inefficient bureaucracy and regulation, but still bureaucracy.

      NPM looks quite interesting, thanks for pointing it out. We do have public-owned market-oriented companies. I'm not completely convinced that is a completely correct way to handle strategically important national resources and infrastructure. But you're right about my country having proper OPM: It doesn't. However, "they're all the same" mantra is especially correct here. Even the purest politicians turn out corrupt, or unable to fight the inefficiency and corruption. They are scared little creatures fearing the private sector, and fearing to show strength, fearing the European Union might send an angry letter and delay our entrance into the Big Brotherhood.

      Fear is the greatest enemy, especially for a small country.

    58. Re:Gov representing reality is rare by Anonymous Coward · · Score: 0

      A couple points:
      1. Government grew during Reagan.
      2. We'd have less big government if it'd stop bailing out big corporations.

      Big government is bad. Big corporations are bad. Thinking more government eliminates big corporations is foolhardy. Notice the "too big to fail" talk going around these days. An important point of a free market is failure, which allows for learning. Once the government declares things can't fail...

    59. Re:Gov representing reality is rare by NewYorkCountryLawyer · · Score: 1

      Supporters of free market (those most vocal about reducing government powers) maintain that free market would adjust itself accordingly.

      The so-called 'supporters of free market' are basically liars and hypocrites, like the Big 4 record companies hiding behind the RIAA. They would say they believe in free markets, but they do everything they can to get the government to bail them out of the fact that they have lost in the marketplace, and their collusion with their competitors is anything but a 'free market'.

      --
      Ray Beckerman +5 Insightful
    60. Re:Gov representing reality is rare by ivucica · · Score: 1

      Agreed. But this is because they, effectively, are becoming the government. In which case a big and strong government would again fight for wrong causes and be as useless as a small scared one.

      In any case, we don't need a large government: we need a powerful one, with a good set of laws modernized for today's conditions and protecting small people instead of big corporations. And with good laws appropriate for smaller government, which won't waste time and money on silly procedures, I'm sure you can get better effectiveness than bigger government with same or worse laws. Just to be clear; by government, I mean all state institutions, public services, etc.

    61. Re:Gov representing reality is rare by Cajun+Hell · · Score: 1

      However, it is my personal opinion that government really shouldn't be meddling there; I only support it because of the current conditions which require it.

      You sound troubled. Don't be. Look closely at the current conditions, where the market consists of a small number of very powerful companies, and you'll see that these "companies" are not just companies; they are corporations. They are entities chartered by government. Without government, none of the market failures that we're experiencing, could have happened.

      Government action to control corporations, is never a violation of laissez-faire or a sign of weakness in the virtues of free markets. Those distasteful things happen when corporations are created, and government action to reverse the damage is just confirmation that the decision to switch away from free markets, was possibly an error.

      --
      "Believe me!" -- Donald Trump
    62. Re:Gov representing reality is rare by FishWithAHammer · · Score: 1

      Again: I suggest you actually learn what fascism is. This post is an excellent description of what fascism actually is: the unification of the corporation and the state. While Mussolini's "corporation" was not limited to just an S Corp/C Corp type of deal, it certainly included them.

      Thanks for playing.

      (Oh, and the government has certainly been forcing money into folks' hands. Perhaps not the automotive industry--but even healthy banks were essentially forced to take TARP funds "so smaller banks would feel safe taking it.")

      --
      "You can either have software quality or you can have pointer arithmetic, but you cannot have both at the same time."
    63. Re:Gov representing reality is rare by Nefarious+Wheel · · Score: 1

      Avoiding "ways to get screwed" is a pretty hard topic since new scams are invented almost daily, and nobody can really teach you to have/use common sense.

      Now that sounds like a challenge.

      First up, I'd like to suggest that the level of sophistication of some of the most egregious scams is pretty high, and in some cases rather antique (Carlo Ponzi comes to mind, and my parents told me of Great Depression bible-selling scams long before Paper Moon hit the screen). Thus there appears to be a learnable body of history available. If we can't forecast the new scams, popular literature will invent a few new options to think about (think Spider Robinson, think it was "Life House") and inventing new ones could be an excellent exercise for learning how to spot a scam. Of course, I'd probably want to preface this with an ethics lesson or two...

      My point is that if you can't inoculate yourself against 100% of all scams, learning the history of the repeatable 90% might help you resist the other 10% of the scams you have yet to encounter (remember that 42% of all statistics are made up on the spot, except for mine. Trust me!).

      I would also challenge that common sense can be taught, given sufficient study into it and the development of a course syllabus. I strongly suspect that the reason for wide-spread lack of common sense is that nobody's thought to teach it yet.

      --
      Do not mock my vision of impractical footwear
    64. Re:Gov representing reality is rare by metaforest · · Score: 1

      Like regulation prevented the GFC from becoming a major issue in Australia? Banks being forced by the government to maintain a certain percentage of liquidity to prevent them running entirely on credit, or interest rates that reflected the true growth of the market?

      One commentator I read suggested that the reason that Spain has been working to buy UK banks is because they had laws in place that effectively prohibited their banks from buying CDOs and similar instruments. This seems to have had the effect of making their banking system relatively immune to the contagion at the root of the global meltdown.

       

    65. Re:Gov representing reality is rare by mkarcher · · Score: 1

      I really wish The Culture would hurry up and get here.

      --

      These opinions are my own and not necessarily
      the opinions of God or any other supreme being.
  5. Wiretapping by Nigel+Stepp · · Score: 2, Interesting

    Now if they can only come around on Warrantless Wiretapping.

    --
    4096R/EF7BAFA6 79E1 DF98 D09D 898F 9A11 F6F0 DDDC 23FA EF7B AFA6
    1. Re:Wiretapping by TaoPhoenix · · Score: 4, Interesting

      Why can't we nail the Govt for Copyright Infringement of our audio phone works?

      --
      My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine
    2. Re:Wiretapping by MaskedSlacker · · Score: 1

      Because their infringement is a state secret.

    3. Re:Wiretapping by Anonymous Coward · · Score: 0

      That's why I always have Metallica playing in the background of all my phone calls.

  6. Tactical Deception by Anonymous Coward · · Score: 1, Insightful

    You think that this is anything other then tactical deception? Seriously. You're not nearly cynical enough. The Obama government, just like the Bush government, was all about control. It's a nice brief, but it doesn't change anything about the new thugs, just like the old thugs.

    1. Re:Tactical Deception by FiloEleven · · Score: 2, Insightful

      I agree. This is a lot like Roman bread and circuses, but we've advanced a lot since then.

      Ladies and gentlemen, may I present to you the Meta-Circus.

    2. Re:Tactical Deception by ColdWetDog · · Score: 3, Informative

      This is a lot like Roman bread and circuses, but we've advanced a lot since then.

      I believe you're trying to be a bit snarky, but you are close to the mark. Try some Greecian Philosophy. Thesis / antithesis is one of the bases of legal argument.

      --
      Faster! Faster! Faster would be better!
    3. Re:Tactical Deception by Anonymous Coward · · Score: 4, Insightful

      Dude, are you serious?

      The government does something bad, and it's out to get you.

      The government does something good, and it's a "tactical deception", designed to lull you into a false sense of security, and it's out to get you.

      Your theory is not falsifiable. And you get a 4, insightful? This is supposed to be a science-oriented discussion board; we should know better.

    4. Re:Tactical Deception by artor3 · · Score: 4, Insightful

      Are you joking? Let me fill you in... Obama doesn't give a rat's ass about copyright legislation. He has a nuclear-armed Korea threatening war, a nuclear-armed Pakistan fighting for its life against the Taliban, extreme tensions between Israel and Iran (one of which has nukes, and the other's probably working on it), two wars of our own to deal with, a collapsed global economy, and on top of that, he still probably wants to get his universal health care plan rolling.

      He's not in bed with the **AA the way a lot of Slashdotters like to think. He's not out to get them either. He's simply got bigger things to worry about. This decision was undoubtedly made at a lower level. If anything, he glanced over it quickly and agreed to the arguments put forth by his lawyers.

    5. Re:Tactical Deception by Anonymous Coward · · Score: 0

      You think that this is anything other then tactical deception? Seriously. You're not nearly cynical enough. The Obama government, just like the Bush government, was all about control. It's a nice brief, but it doesn't change anything about the new thugs, just like the old thugs.

      Good point. Hey, I hope you voted for Ron Paul, right? All politicians are the same, but you also know *he* would've been different. Yes.

    6. Re:Tactical Deception by soren202 · · Score: 1

      Why is this modded insightful?

      If anything, I'd mod it funny, even if it is unintentional... although, that's mostly just because I'm amused by fervent paranoia.

    7. Re:Tactical Deception by yndrd1984 · · Score: 1

      The government does something bad, and it's out to get you.
      The government does something good, and it's a "tactical deception", designed to lull you into a false sense of security, and it's out to get you.
      Your theory is not falsifiable.

      I don't think he meant his post to be a proof of psychological egoism. I think he meant "people have their own agendas" which should be self-evident, or "even when people do something right they are often doing it because it benefits them in some way" which is pretty basic psychology.

    8. Re:Tactical Deception by fugue · · Score: 1

      Very good! I wish I had mod points; you need a "+1 pointing out the obvious truth that everyone else somehow missed".

      --
      "The biggest problem with communication is the illusion that it has taken place."
    9. Re:Tactical Deception by khallow · · Score: 0

      Are you joking? Let me fill you in... Obama doesn't give a rat's ass about copyright legislation.

      Obama might not personally, but the DoJ is stocked with people who at one time made it and related subjects their life.

      He has a nuclear-armed Korea threatening war, a nuclear-armed Pakistan fighting for its life against the Taliban, extreme tensions between Israel and Iran (one of which has nukes, and the other's probably working on it), two wars of our own to deal with, a collapsed global economy, and on top of that, he still probably wants to get his universal health care plan rolling.

      Name me a president who didn't have a lot on his plate. Just because Obama isn't personally involved doesn't mean much. Obama isn't personally involved in most of what the executive branch does.

      He's not in bed with the **AA the way a lot of Slashdotters like to think.

      Evidence indicates otherwise. He was well funded by and delegated considerable power to **AA people. It doesn't matter if he's not personally approving DoJ actions.

    10. Re:Tactical Deception by CodeBuster · · Score: 3, Interesting

      It is not so much Obama that we are concerned about, but rather his Vice President, Joe Biden, who has a long history of close and loyal support of entertainment industry interests and presently holds an office which, at least historically, doesn't have too many responsibilities (he breaks tie votes in the Senate). We are concerned that someone like Biden, who has time on his hands to introduce legislation and has the ear of the President, might use his position and the fact that the President is preoccupied with more pressing business to push through some really awful legislation. This is not an illegitimate or merely theoretical concern.

    11. Re:Tactical Deception by Anonymous Coward · · Score: 0

      a nuclear-armed Pakistan fighting for its life against the Taliban

      But it is just a thorough police operation like the Vietnam was.

    12. Re:Tactical Deception by Anonymous Coward · · Score: 0

      Uhh, you don't work for the Obama I work for. I work for the Obama who was elected by the media, slave to a teleprompter, and disturbingly sensitive to media criticism. He's ignorant, horribly ignorant, of what's actually happening in the middle east. He has naive, western views of Islam. Your wordlview is much, much more realistic then his.

      And no, I doubt that he saw the amicus curie brief. However, at this point of the PR game, where the brief itself is of small strategic value, his political machine sure has suckered a lot of people into thinking that he's on their side. You'll see exactly where he stands when the next IP treaty goes to congress.

      By the way, treaties have the force of constitutional law. Be scared, very scared. That's a much easier assault on the Constitution then stacking the Supreme Court.

    13. Re:Tactical Deception by TheoMurpse · · Score: 1

      treaties have the force of constitutional law

      If you mean that treaties have the same force as the Constitution, you're wrong. If you mean that treaties have the same force as statutes enacted by Congress that do not violate the Constitution, then you are right.

      But treaties most definitely are not on par with the Constitution.

    14. Re:Tactical Deception by NewYorkCountryLawyer · · Score: 5, Insightful

      He's not in bed with the **AA the way a lot of Slashdotters like to think.

      Evidence indicates otherwise.

      I have been quick to point out 'tea leaves' suggesting that he was being overly generous to the content cartel in his appointments. And I pointed out the 2 misguided, fervently pro-RIAA, briefs his DOJ filed in 2 'RIAA v. End User' cases (if I weren't a professional I would call them "dumbass", but of course I would never use such a term). But fairmindedness requires us to see this new filing, which is at the United States Supreme Court level, as evidence to the contrary. This brief directly contradicts the things the pro-RIAA appointees argued in this very case.

      As far as I am concerned, if every brief Obama's DOJ files is as fair minded and scholarly as this one was, I will not care if the conclusions drawn by the brief agree with, or disagree with, the conclusions I have drawn.

      All I ask for is fairness. A lawyer who disagrees with me, but does so with integrity and honor, is okay in my book.

      --
      Ray Beckerman +5 Insightful
    15. Re:Tactical Deception by NewYorkCountryLawyer · · Score: 4, Informative

      If you mean that treaties have the same force as statutes enacted by Congress that do not violate the Constitution, then you are right.

      That's not exactly correct. If a treaty provision conflicts with, or expands upon, an existing statute, it is invalid. See, e.g., Elektra v. Barker, which held that the WIPO copyright treaty could not vary the terms of the Copyright Act.

      --
      Ray Beckerman +5 Insightful
    16. Re:Tactical Deception by Anonymous Coward · · Score: 0

      > two wars of our own to deal with

      Was that counting the wars on drugs, alcoholism, homelessness, famine, teen pregnancy, and the war on war?

    17. Re:Tactical Deception by Anonymous Coward · · Score: 0

      > two wars of our own to deal with

      This isn't 4chan, buddy. Learn how to quote properly.

    18. Re:Tactical Deception by Anonymous Coward · · Score: 0

      This isn't 4chan, buddy. lrn2 quote properly.

      Fixed that for ya.

    19. Re:Tactical Deception by Nefarious+Wheel · · Score: 1

      Are you joking? Let me fill you in... Obama doesn't give a rat's ass about copyright legislation...

      I'm not sure I agree. Anyone with a good mind can carry the large and the small issues too.

      I think it's healthy to believe that everything is important. Big things are made of little things.

      --
      Do not mock my vision of impractical footwear
    20. Re:Tactical Deception by ppanon · · Score: 1

      And I pointed out the 2 misguided, fervently pro-RIAA, briefs his DOJ filed in 2 'RIAA v. End User' cases (if I weren't a professional I would call them "dumbass", but of course I would never use such a term).

      Maybe it was deliberate? Perhaps some "politically astute" manager decided to file some briefs in favour of the RIAA, and the underlings he delegated it to were so disgusted that they deliberately sabotaged the results? Because after years of Alberto Gonzales running the place, the career people are probably pretty fed up and ready to do some passive aggressive stuff.

      --
      Laissez lire, et laissez danser; ces deux amusements ne feront jamais de mal au monde. - Voltaire
    21. Re:Tactical Deception by Nefarious+Wheel · · Score: 1

      Very good! I wish I had mod points; you need a "+1 pointing out the obvious truth that everyone else somehow missed".

      That would probably be "+1 Humour"

      --
      Do not mock my vision of impractical footwear
    22. Re:Tactical Deception by gad_zuki! · · Score: 4, Insightful

      Perhaps the real bread and circuses is all this whining about copyright while your nation fights two wars, has out of control military spending, locks up non-violent drug offenders, arrests medical marijuana growers, denies rights to gays, is in the middle of an economic meltdown, has out of control gun laws, etc etc etc, yet here we are arguing the minutia of copyright law. If anyone is guilty of deceiving the public with inconsequential shit, its us geeks, not Obama. Whining about copyright and quoting Ayn Rand is not how you fix things. Bread and circuses indeed!

    23. Re:Tactical Deception by Adrian+Lopez · · Score: 1

      Are you joking? Let me fill you in... Obama doesn't give a rat's ass about copyright legislation. He has a nuclear-armed Korea threatening war, a nuclear-armed Pakistan fighting for its life against the Taliban, extreme tensions between Israel and Iran (one of which has nukes, and the other's probably working on it), two wars of our own to deal with, a collapsed global economy, and on top of that, he still probably wants to get his universal health care plan rolling.

      He cares enough about copyright to appoint former RIAA lawyers to the DOJ, and in any case I think he's capable of worrying about more than just those things you happen to see as significant.

      --
      "In prison you just have to shut your eyes and take it. Here you have to shut your eyes and give it."
    24. Re:Tactical Deception by khallow · · Score: 1

      As far as I am concerned, if every brief Obama's DOJ files is as fair minded and scholarly as this one was, I will not care if the conclusions drawn by the brief agree with, or disagree with, the conclusions I have drawn.

      All I ask for is fairness. A lawyer who disagrees with me, but does so with integrity and honor, is okay in my book.

      Fair enough. As I note in another post, this appears to be a disagreement between two Democrat party supporters. Cablevision doesn't have a history of supporting Obama (they appear to have been Clinton supporters), but I don't see why, on political grounds, the Obama administration would favor Cartoon Network over Cablevision.

    25. Re:Tactical Deception by NewYorkCountryLawyer · · Score: 3, Informative

      He cares enough about copyright to appoint former RIAA lawyers to the DOJ

      The guy he appointed to the top spot was a law school chum, and headed the Obama transition team. Even I do not think he was appointed because he represented the content cartel in copyright infringement cases. He was hired because of their relationship and because Obama obviously placed great trust in him.

      --
      Ray Beckerman +5 Insightful
    26. Re:Tactical Deception by 4D6963 · · Score: 1

      You think that this is anything other than tactical deception? Seriously. You're not nearly libertarian enough. The Obama government, just like the Bush government, was all about control. It's a nice brief, but it doesn't change anything about the new thugs, just like the old thugs.

      Fixed it for you.

      --
      You just got troll'd!
    27. Re:Tactical Deception by 4D6963 · · Score: 1

      But.. but.. a very few people are getting sued by the RIAA, surely that's at least as important as North Korea, the Middle East, Pakistan, Afghanistan, Iraq, Iran, healthcare, education, unemployment, the global economic shitstorm and global warming put together, amirite guys? Guys??

      --
      You just got troll'd!
    28. Re:Tactical Deception by evilviper · · Score: 4, Insightful

      Perhaps the real bread and circuses is all this whining about copyright while your nation fights two wars, has out of control military spending, locks up non-violent drug offenders, arrests medical marijuana growers, denies rights to gays, is in the middle of an economic meltdown, has out of control gun laws, etc etc etc, yet here we are arguing the minutia of copyright law.

      Good job. Dismiss his bullshit logic with some even worse false logic of your own.

      You're suggesting that if we all drop everything else, we will be able to solve all the major problems in the world, and just work our way down the list... Reality is quite the opposite, really.

      You can stop bathing until you've achieved world peace, but the time saved won't gain you world peace, and you'll just go around stinking.

      Try this... Don't bother changing the oil in your car. It's not important enough. Just keep going until your car blows up. THEN your car blowing up will be important enough to merit your attention.

      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    29. Re:Tactical Deception by phorm · · Score: 1

      "All I ask for is fairness. A lawyer who disagrees with me, but does so with integrity and honor, is okay in my book."

      One of the best lines I've heard on here in a long time. Every time I heard the "lawyers are just in it for the money" I've been of the opinion that it's pretty much a no-brainer. So's almost everyone else that works for a living to some extent, exempting the lucky few who love 99.9% of their jobs, and those who do charity (and some lawyers do that as well).

      Lawyers work for cash, but they do get to in most cases choose who they work for, and within certain limits how they do so.

      Always a pleasure to have you onboard, Ray. Next time somebody on here bugs ya about being a money-grubbing lawyer, ask how many community computers they've fixed for free :-)

    30. Re:Tactical Deception by Aceticon · · Score: 1

      As far as I am concerned, if every brief Obama's DOJ files is as fair minded and scholarly as this one was, I will not care if the conclusions drawn by the brief agree with, or disagree with, the conclusions I have drawn.

      The biggest insult is not insulting ones ideas, it's insulting to ones intelligence.

    31. Re:Tactical Deception by bwcbwc · · Score: 1

      This case is a win-win for CSC. Enough so that I'm wondering if there was collusion between the parties. If the MPAA gets a ban on network-based DVR services based on their members' copyrights, that blocks off a whole industry of internet-based services that would have competed with CSC. So CSC is able to lock out competition in the video market. Conversely, if CSC wins the final ruling, they have a service that can compete against internet video, especially if they throttle bandwidth as an ISP.

      --
      We are the 198 proof..
    32. Re:Tactical Deception by Anonymous Coward · · Score: 0

      Perhaps you and your utopia could throw us a clue.

    33. Re:Tactical Deception by Adrian+Lopez · · Score: 1

      I hope you're right, but the fact is he's also appointed others who've worked in the interest of aggressive copyright holders.

      --
      "In prison you just have to shut your eyes and take it. Here you have to shut your eyes and give it."
    34. Re:Tactical Deception by pfleming · · Score: 1

      Perhaps the real bread and circuses is all this whining about copyright while your nation fights two wars, has out of control military spending, locks up non-violent drug offenders, arrests medical marijuana growers, denies rights to gays, is in the middle of an economic meltdown, has out of control gun laws, etc etc etc, yet here we are arguing the minutia of copyright law. If anyone is guilty of deceiving the public with inconsequential shit, its us geeks, not Obama. Whining about copyright and quoting Ayn Rand is not how you fix things. Bread and circuses indeed!

      We can't pick which front to fight/ignore. The moment - the very moment - we choose to concentrate more on the wars, military spending, etc. the other rights will begin slipping. We must continue to push back just to maintain rights that have been codified; to beat back against the new laws, just like the old laws. Democracy doesn't die with a bang, but with a whisper.

    35. Re:Tactical Deception by metaforest · · Score: 1

      Hi Ray,

      I don't often chime in on these issues as I find it much more educational to lurk, and learn.

        In this case I would like to suggest that the first two RIAA vs End User briefs you reference might have been penned so early in Obama's term that the President didn't have an opportunity to assert policy direction on them, or that they were already in the pipeline before internal executive policy directives on the DOJ's new Copyright policy was officially established.

      While I can't say for certain I believe I have already hints of similar about-faces in other departments under the Executive Branches' authority.... so far this Amicus Brief is the most blatant about-face I have seen yet, and I hope (as most of us seem to) that it represents a genuine shift in policy, for the better.

    36. Re:Tactical Deception by hkmwbz · · Score: 1

      I believe his point was that some idiots are whining about "bread and circuses", as if copyright really matters compared to other major things going on. Obama is busy cleaning up after Shrub, and trying to recover the country from an economic crisis. It's not that copyright needs to be ignored, it's that it's nearly irrelevant to Obama and everyone except hardcore geeks when you look at the big picture. So claiming that this is "bread and circus" from Obama is just completely insane and shows that the individual making the claim is completely retarded.

      --
      Clever signature text goes here.
    37. Re:Tactical Deception by hkmwbz · · Score: 1

      Evidence indicates otherwise.

      You wouldn't happen to be a Creationist?

      --
      Clever signature text goes here.
    38. Re:Tactical Deception by khallow · · Score: 1

      Uncalled for. Evidence includes the selection of Biden as Vice President nominee and subsequent appointment of *AA officials like Perreli for important jobs in the Obama administration. I consider this sort of activity an announcement of future Obama administration policy in this area.

  7. Indeed. by viyh · · Score: 5, Insightful

    It's nice to see things happening the way they are meant to happen. While the DoJ employees are not elected by the people, they are appointed by people who are. They are, in theory, supposed to represent the will and needs of the people, not corporations or lobbyists with money. Hopefully this will open up the debate about rewriting copyright and property laws in the age of information and the internet.

    --
    "I have never let my schooling interfere with my education." --Mark Twain
    1. Re:Indeed. by sumdumass · · Score: 5, Insightful

      It's nice to see things happening the way they are meant to happen. While the DoJ employees are not elected by the people, they are appointed by people who are.

      Your more or less right here except that the vast majority of DOJ employees don't change jobs when new leaders come in. It's entirely possible that people working for President Carter are still employed at the DOJ and remained employed under different presidents and parties.

      They are, in theory, supposed to represent the will and needs of the people, not corporations or lobbyists with money.

      Here, you are just wrong. The DOJ is supposed to enfore the law period. They don't represent anything but the law as it is written and how courts reconcile that to the constitution. The DOJ can push for an interpretation the administration has laid out if there is shacky grounds but they in no way "reflect the will of the people".

      In fact, the federal government was never indented to address the will of the people directly. The federal government in the US is only supposed to represent the states in matters of state (foreign relations) and matters between the states with a limited few other things specifically written into the constitution. You can see how obvious this is by simply reading the constitution. The senate was originally appointed by the state, the president was/still is appointed by the state, and the house of representative which all tax raises are supposed to originate in was the representation of the people. The idea was so that the people had a say in government not so that government served the people. The federal government serves nothing but the offices they hold. Now don't get me wrong, the office covers the people but they also cover so many other things like corporations which provide jobs, trade between the states and with foreign countries and so on.

      You also need to understand that a: corporations are nothing more then collections of people who invested in a concept but are shielded from it's performance to some extent by their lack of participation in the company. b: Lobbyist are nothing more then people who have familiarity with the congress critters and take points directly to them instead of leaving it to them to figure out on their own. There is nothing wrong with lobbyist because they allow single representation of groups of people with no political clout. Without them, no one's voice will be heard more, nothing will be different, except those groups will have to spend the money directly on getting the congress critters attention some other way instead of giving it to someone who already has their attention.

    2. Re:Indeed. by AnalPerfume · · Score: 2

      In theory you're right, but remember this is only a brief sent to a judge, it's not a judge's final decision. The judge could read it and still rule the other way.

      Given the entertainment industries strong connections with the Democrats in particular do you think they will just sit back with feet up and say "well played, you got us on that one."? Or do you think it's more likely that since they found out what the brief actually said that they went on the lobbying offensive to get those behind it punished / removed?

      Not to mention appeal after appeal to move it to a court they know a more compliant judge will give them the decision they feel they deserve. Only when they've exhausted all of that, or gotten one of them to agree will they accept it's over.

      Corporations don't take kindly to those who stand up to them, regardless of who they are. It's not about the law or fairness, it's about winning and making sure to keep your revenue stream unblocked.

    3. Re:Indeed. by mmaniaci · · Score: 5, Insightful

      There is nothing wrong with lobbyist because they allow single representation of groups of people with no political clout

      How is that a good thing? The richest get to buy political clout and change the gov and the masses still have no say.

    4. Re:Indeed. by tepples · · Score: 1

      The federal government in the US is only supposed to represent the states in matters of state (foreign relations) and matters between the states with a limited few other things specifically written into the constitution.

      Since the development of rail transport, what isn't a matter between the states?

    5. Re:Indeed. by Etrias · · Score: 1

      In theory you're right, but remember this is only a brief sent to a judge, it's not a judge's final decision. The judge could read it and still rule the other way.

      Please keep in mind that this is a amicus brief requested by SCOTUS, not an independent one filed by interested party. I would say that they would put more weight into this brief if it was requested what the DOJ thought about the legal position here.

      Corporations are known to support whomever is in power. While I don't like the fact that the Dems are in their pocket on some matters, your inference is that the other side of the aisle is better when they get money from these interests as well. Plus, it's almost as if they don't have to lobby Republicans because they already support many of their positions without their support. That's playing both sides of the aisle.

      Also, did you even read the summary? There is no higher court to appeal. This is for the Supreme Court. And you seem to not understand how appeals work and have little concept of jurisdiction in cases. Cases do get moved, that is understandable, but you can't just pick a district that seems favorable and move to switch jurisdiction because that's where you want it. I know we love to get cynical about lawyers and legal systems around here, but justice moves slow and mostly gets it right. Not all the time, but more often than not.

    6. Re:Indeed. by soren202 · · Score: 1

      Cases do get moved, that is understandable, but you can't just pick a district that seems favorable and move to switch jurisdiction because that's where you want it. I know we love to get cynical about lawyers and legal systems around here, but justice moves slow and mostly gets it right. Not all the time, but more often than not.

      Political optimism? On my slashdot? It's more likely than you think.

    7. Re:Indeed. by sumdumass · · Score: 1

      I'm not saying it is a good thing, I'm saying it is not a bad thing (noting wrong). The problem that makes your sentiment moot is that even without the lobbyist, it still exists.

      You see, if all lobbyist fell into the ocean today, you still need to do something to get the politicians attention. Chances are, most people wanting to do so won't understand without a lot of additional education how to do this buy in any means. It will still cost crap loads of money to get their attention to make yourself heard above all the others clambering for something.

      Think about this, you have a group of concerned citizens over the poverty in the US. Lets call them the GCCPU group. Now, lobbyist are gone so you need to send everyone to Washington to talk to their representatives about welfare entitlements. That costs money and the richest group can send the most people. Well lets supposed they decided to run commercials on TV instead, an opposition group runs counter commercials describing how they changed the GCCPU is asking for will place more people into poverty plus damage the working people of America. We'll call this second group the Evil Rich White Guy Association or ERWGA. Now who makes the biggest impact? The richest group who can spend the most money effectivly. The problem you mentioned is still there.

      Now suppose an industry trade group representing hundreds of corporations which in turn represent every shareholder that owns part of the corporation, decides that not only is the GCCPU changes bad, but this would be a good opportunity to change a few other things they see wrong with the situation. Let's call these people BigOil (not to be confused with the oil companies). Now, the CEO of each of these corporations and the share holders, some of which may belong to any of the other groups would have to go to Washington to talk to their representatives. And with the corporate structure, you would pretty much be bound to support the move or you would be acting against the interest of the corporation and facing some other possible issues (forced stock sales, legal and civil damages and so on).

      Or they take the route of commercials on TV too and build off of the other group's concerns (ERWGA). So we got three groups of people with three different views and what had changed without lobbyist? Only the mechanism in which it gets done. The money is still there and the richer party still has more persuasion. In the end, the rich still win.

      Now there is a loophole to this but it's also true with lobbyist present too. Lets assume that the issue is one that is so heinous that the majority of Americans automagically appose it anyways (a modern holocaust, molestation of 5 year old kids, dumping toxic wastes and raw sewage in the drinking water supply). Well, the less rich (which is actually more rich if combined but there is no common connection) people of America will have little problem getting their point across and getting the government to do something. But lobbyist wouldn't be needed in this situation either so it sort of steps outside the mold that lobbyist create.

      In the end, without lobbyists, all that happens is that things get more expensive and complicated. The person with the most money tends to be the person who will prevail in much the same sense as it happened with lobbyists.

    8. Re:Indeed. by sumdumass · · Score: 1

      Since the development of rail transport, what isn't a matter between the states?

      Education, welfare entitlements, intrastate agriculture, intrastate commerce which allows states to this day to set minimum wage laws below the federal minimum, health care, homelessness, work regulations, and many many more.

      Just because you can take a problem to another state doesn't mean it is a problem between the states.

    9. Re:Indeed. by mattwarden · · Score: 1

      It's a good thing because the collective needs to be represented. The problem is that power in this country is so centralized that very little money is required to influence the entire country's policies. If the power were decentralized, lobbying would still exist but corruption would be much, much harder.

    10. Re:Indeed. by mindstormpt · · Score: 1

      Where I'm living, we have more problems with corruption at the local level than at the central government. Of course they're more distributed, but they also tend to be cheaper.

    11. Re:Indeed. by jbengt · · Score: 1

      This is a very narrow brief about a very narrow petition and response.
      The brief basically says that there're no important issues, so SCOTUS does not need to get involved. So even if SCOTUS takes the DOJ's view they will merely put off making a ruling about these issues, and no national precedent will be set (though there will be a little precedent set in the particular appeals circuit.)
      In my useless opinion, this is no different than timeshifting on a VCR, just using a remote rented DVR instead of an local owned VCR. The **IAs may even be better off by putting this off, as it doesn't seem they'd win this one, anyway.

    12. Re:Indeed. by NewYorkCountryLawyer · · Score: 1

      The brief basically says that there're no important issues, so SCOTUS does not need to get involved.

      Yes it says that. But it also says a whole lot more, and point-by-point rejects the film companies' substantive arguments.

      --
      Ray Beckerman +5 Insightful
    13. Re:Indeed. by Hatta · · Score: 1

      They are, in theory, supposed to represent the will and needs of the people, not corporations or lobbyists with money.

      Here, you are just wrong. The DOJ is supposed to enfore the law period.

      Ideally, the law would be the will of the people, so in theory it's the same thing.

      --
      Give me Classic Slashdot or give me death!
    14. Re:Indeed. by mattwarden · · Score: 1

      Cheaper than what? Lobbying the federal government? Apples and oranges. My point is that if the federal government controls $x, it is much cheaper to lobby for that $x than if it were distributed amongst the states. It would cost about 50x as much to lobby for that same $x, which destroys the cost-benefit balance of corruptive lobbying.

    15. Re:Indeed. by Anonymous Coward · · Score: 0

      Not to mention appeal after appeal to move it to a court they know a more compliant judge will give them the decision they feel they deserve.

      What court do you appeal to when the Supreme Court of the United States rules in a way you don't like?

    16. Re:Indeed. by sumdumass · · Score: 1

      Ideally, the law would be the will of the people, so in theory it's the same thing.

      Your right except that the "people" aren't just you and me, and you and I tend to change our minds.

      What I mean is, a corporation is little more then a legal front for people practicing in enterprise. It shields the people not participating directly (shareholders) from actions the enterprise takes and creates a set of guidelines in which the corporation can be cited for wrong doing. So suppose you, me and viyh (the comment I was originally replying to) started a business. viyh had an idea on how to make something and you and I had the funding to get started so he sells just under 1/3 of the idea to each of us and we forms a corporation to put our assets into. Now he runs the corporation but a law was about to be passed making what we were doing way more expensive then our business model could handle. We fight the law because it will bankrupt us. Now lets suppose 2000 other companies just like ours are in the same boat and fight it too. Now out of these 2001 companies, 30 percent of the population is represented as stake holders and another 25 percent of the population doesn't want the government to expand into these areas because they know it will cause inflation and raise the bar of entry into free enterprise. Theoretically, 2001 companies and 25% of the population got the laws defeated, but the reality is that 55% of the population decided it was too costly and dangerous to them so the will of the people was served. Take a company like microsoft, they have around 8.9 billion shares of stock outstanding, if every one of the shareholders had 1 million shares, microsoft's voice would still be representing 8,900 people plus the possibility of all the employees who might not have a job if the law put them out of business.

      The other problem can be illustrated in the same light. Suppose the defeat of the law caused a shortage of a natural resource and now our costs are even more then it was if the law had passed. We now change our minds and want the law passed but no one else does because they are larger and able to offset the costs now. SO now we are with the 45% of the population and it appears that the will of the people, at least our will isn't being represented.

      So Idealy goes out the window when you consider what "the people" encompass as well as that the people change their minds. We have a further problem with jurisdiction and constitutionality of the laws too. This means that some laws the people ask congress for are outside their scope of legislative activity. A law that was in favor of the will of the people at one time, usually doesn't get notices when it falls out of favor until a problem around it comes up.

      So the will of the people could be one thing, the law that was created a generation ago could be another, and the justice department has to represent the law regardless of the current will of the people.

    17. Re:Indeed. by Anonymous Coward · · Score: 0

      "How is that a good thing?"

      Lobbying allows small voices to be heard equally. It allows minor issues which would have major impact on those niche populations access to the government process.

      "The richest get to buy political clout"

      Anyone can lobby. Any large or small group can lobby. The richest may have more resources to them, but so what--that's the nature of being rich in a capitalistic society. Besides, if the rich truly had political clout, the tax rate would be far lower for them and with a much higher ceiling.

      I just think you are naive or trying to tie the rich to the ills of the world or government because it suits the impression of the world you've mentally created.

      "and the masses still have no say"

      Liar.

      Thing is, the masses will never need lobbying. They vote. What would be the point of the masses lobbying or forming a PAC? That would be a waste of time and resources; the masses simply have to form a coalition, as they frequently do, and get behind candidates, which they do. Seems the current sitting US president is an example of this.

      In fact, the masses can each individually lobbying on their own for a position. Startling, isn't it, what you can in a democracy. Now, nearly all of the masses choose not to do this, because it's simply easier and more efficient to write and communicate with their representatives, and then vote in elections, which they do.

      Thing is, the masses just don't have much to say or are hands off. In that way, the masses are quite smart and intelligent, this army of humans. They also don't pretend to talk or pretend they are the masses; they simply are. In this way, the masses are much wiser than you. They don't need YOU to speak for them. The masses know them micromanaging a nation would be disaster.

      All in all, it's rather arrogant of you to presume the masses are speaking in one voice on some issue that isn't being acted on, because they probably ARE NOT and DO NOT. You just feel that way because you think somewhere your opinions have some backing of the masses; indeed, you reflect that accurately in comprehensively whining about how the masses are not represented, while not showing a shred of evidence of where they aren't being listened to--that's your delusion.

      If we advocated what you to be opining, then things like the Americans with Disabilities Act would have been shot down. What the hell would the mases or the majority even care about the wheel-chair bound, as compared to raising the bar on the barrier to doing business and reducing business diversity? Let me say this plainly--the ADA would have never been even considered without lobbying. The number of those with physical disabilities are vastly, vastly outnumbered by the able-bodied in the US. In reality, the masses don't really care one way or the other, or rather, they didn't render an opinion, and felt it wise of them to let it go to the experts, those who got organized and deciding the ADA was a good thing--the lobbying groups.

      You mention lobbying and the rich or financial meritocracy...to be exchanged with what? We have freedom of the press and speech already. So what other standard would you like? What solution do you see to exchange? For crying out loud, I see music concerts where the singer or band advocates a political opinion; you find that with merit but a rich person advocating a special interest position a bad thing?

    18. Re:Indeed. by Anonymous Coward · · Score: 0

      Stopped reading after seeing the username.

    19. Re:Indeed. by AnalPerfume · · Score: 1

      Looks like I was under informed on the make up of the US court system. I stand corrected. The one part I did understand was the weight of the DOJ brief would be more than most others because of who it came from so it'd be harder to ignore.

  8. Tricky things, lawyers. by dominion · · Score: 3, Insightful

    "since some of the very lawyers who have been representing them have been appointed to the highest echelons of the Obama DoJ."

    Sometimes people just need a reminder that there is no grouping of people with less principles than Lawyers. We made the assumption that, since RIAA lawyers were hired to the DOJ, that they would find in favor of the RIAA. But it seems that lawyers are almost always megaphones for who is signing their paycheck.

    And in this situation, it worked out in our favor.

    1. Re:Tricky things, lawyers. by James_Duncan8181 · · Score: 5, Insightful

      "Sometimes people just need a reminder that there is no grouping of people with less principles than Lawyers. We made the assumption that, since RIAA lawyers were hired to the DOJ, that they would find in favor of the RIAA. But it seems that lawyers are almost always megaphones for who is signing their paycheck."

      Mmm. Or people who are doing their best to protect the interests of their clients? A lawyer must make the best arguments available for their client, but the ruling is not something they can be held responsible for. The system of justice works best when both sides present the strongest form of their argument, allowing the issues to be debated by those in the judicial role (who you can hold responsible for their judgments).

      Or would you rather your own counsel failed to advance your best arguments because he personally thought you were guilty?

      --
      "To any truly impartial person, it would be obvious that I am right."
    2. Re:Tricky things, lawyers. by tim_darklighter · · Score: 1

      Here's an amusing speculation: maybe when they worked for the film companies, they got sick of losing case after frivolous case (looks bad on their record). The lawyers might even have smarted up and thought to themselves that they could stick it to the film companies as a bit of sweet revenge (granted they get paid either way, but I like to think they went into law with a least a shred of dignity and morality).

    3. Re:Tricky things, lawyers. by maharb · · Score: 2, Informative

      Maybe. Lawyers, despite having no morals, are smart enough to know they can't just start handing cases to the RIAA without an appearance of a battle. This is one step in the right direction but there are miles left to walk so to speak. If this pattern continues then we can let our dukes down, but I still think it's too early to tell.

    4. Re:Tricky things, lawyers. by maxume · · Score: 1

      Here is a simpler statement: Most people don't have principles.

      Sure, people have lots of preferences and things that they feel squeamish about, but most people don't let those things get in the way of their own gratification.

      --
      Nerd rage is the funniest rage.
    5. Re:Tricky things, lawyers. by Antique+Geekmeister · · Score: 1

      Oh, like many experts, they have whatever principles you are willing to fund.

      More seriously, they are the champions in the "battle of chapions" that is a US courtroom. So many, as individuals, have excellent principles which they try to support by the clients they accept. And they can lose their license for not doing their courthouse best for their clients, even if their violation of legal "canons" helps keep a child rapist or Dick Cheney from hurting society as a whole.

    6. Re:Tricky things, lawyers. by machine321 · · Score: 1

      Please don't insult child rapists by comparing them to Dick Cheney.

    7. Re:Tricky things, lawyers. by sumdumass · · Score: 1

      Can you tell me which lawyers who names are on the brief actually worked for RIAA, MAPP, or have some other connection to them?

      I don't think this paper says anything about the DOJ nor the RIAA lawyers because I can't find one of their names behind the brief submitted. Chances are, the EX RIAA lawyers never saw the brief, it was probably reviewed for accuracy by some other low level lawyers and approved by some mid level management.

    8. Re:Tricky things, lawyers. by 91degrees · · Score: 2, Informative

      Lawyers do have principles. One of the most important is to represent their clients. It most likely doesn't matter to them personally all that much which side they're arguing for. Unlike us, most people don't see the right to make copies as an ideological point.

      Lawyers don't make findings. They make arguments for one side, in an incredibly biased manner. Being biased is how the whole adversarial system works. There's another guy arguing against them who is employed to be incredibly biased to the other side. As such, their job when working for the MPAA was simply to put forth the argument as to why the MPAA is going to be harmed. They did that to the best of their abilities.

      Their job when working for the DOJ is to put forward the argument that is in the best interests of America, and in this case, American businesses.

    9. Re:Tricky things, lawyers. by DoofusOfDeath · · Score: 1

      Mmm. Or people who are doing their best to protect the interests of their clients? A lawyer must make the best arguments available for their client, but the ruling is not something they can be held responsible for. The system of justice works best when both sides present the strongest form of their argument, allowing the issues to be debated by those in the judicial role (who you can hold responsible for their judgments).

      Perhaps, but when the RIAA counts on little people being forced to settle because they can't afford to mount a defense, justice is clearly not a goal.

    10. Re:Tricky things, lawyers. by nomadic · · Score: 1

      But it seems that lawyers are almost always megaphones for who is signing their paycheck.

      Whoa, stop the presses...you mean lawyers act as advocates for their clients?? That's crazy.

    11. Re:Tricky things, lawyers. by selven · · Score: 5, Funny

      What if the RIAA lawyers are all on our side all along, and they were filling up their positions incompetently just to prevent people who actually want to do damage from doing so?

    12. Re:Tricky things, lawyers. by deblau · · Score: 1

      Sometimes people just need a reminder that there is no grouping of people with less principles than Lawyers.

      I'm sure Lawrence Lessig, Eben Moglin, Larry Rosen, and even NYCL would be glad to hear that. Oh wait, you just mean lawyers who fight for people you disagree with?

      --
      This post expresses my opinion, not that of my employer. And yes, IAAL.
    13. Re:Tricky things, lawyers. by nomadic · · Score: 1

      I'm sure Lawrence Lessig, Eben Moglin, Larry Rosen, and even NYCL would be glad to hear that.

      As would Abraham Lincoln, Thomas Jefferson and Mahatma Gandhi.

    14. Re:Tricky things, lawyers. by NewYorkCountryLawyer · · Score: 2, Interesting

      What if the RIAA lawyers are all on our side all along, and they were filling up their positions incompetently just to prevent people who actually want to do damage from doing so?

      Hmmm. You are one Slashdot member who is not a cynic or skeptic. You're ascribing the highest and noblest of motives to them, looking for the best in your fellow man. I am impressed.

      Perhaps you are right. There is certainly something to be said for that point of view. When one looks at their blunders, it is hard to imagine they were not intentional, now that you mention it.

      --
      Ray Beckerman +5 Insightful
    15. Re:Tricky things, lawyers. by im_thatoneguy · · Score: 1

      I think you have a twisted view of "principles".

      Representation irregardless of personal feels to me is a principle. IANAL but as far as I'm concerned my lawyer isn't on any sort mission he's out to protect me and my interests just as passionately as I would but with significantly more legal knowledge.

      Criminal defense lawyers are some of the most important defenders of civil liberties in the world. Sure sometimes murderers get off on some technicality. But that technicality is usually a case where the police infringed the dependent's constitutional law.

      Guns don't keep the government from infringing our rights. Lawyers do.

    16. Re:Tricky things, lawyers. by NewYorkCountryLawyer · · Score: 1

      Representation irregardless of personal feel[ing]s to me is a principle.

      Not in my book. In my book that's the absence of principle.

      --
      Ray Beckerman +5 Insightful
    17. Re:Tricky things, lawyers. by Anonymous Coward · · Score: 0

      Sometimes people just need a reminder that there is no grouping of people with less principles than Lawyers.

      I disagree. I think salespeople and marketers are even lower.

  9. lawyers are mercenaries by phantomfive · · Score: 4, Funny

    They probably thought they had this one in the bag, since some of the very lawyers who have been representing them have been appointed to the highest echelons of the Obama DoJ. Instead, however, the brief eloquently argued against the film companies' position, dismembering with surgical accuracy each and every argument the film companies had advanced."

    Thus demonstrating again why you should never trust a lawyer. Unless you are still paying him, of course. (sorry nycLawyer)

    --
    Qxe4
    1. Re:lawyers are mercenaries by ColdWetDog · · Score: 5, Insightful

      Grrr. This always pops up here. Lawyers are supposed to represent the client's interest. If the client is RIAA, they are supposed to make arguments that support RIAA's goals and aims. If you're client is the Federal Government (and thus, the interests of the 'people'), you are supposed to argue their views.

      What the lawyer actually thinks is correct doesn't have a whole lot of traction here. If the clients arguments or interests are so repugnant to the lawyer that they feel that they can't represent them successfully, they are bound to tell the client, but that's about it. No, it's not perfect, not a great system but it seems to work better than anything else we've come across.

      A lawyer well versed in a particular case dammed well ought to be able to argue both sides of the issue. It's what they do for a living.

      --
      Faster! Faster! Faster would be better!
    2. Re:lawyers are mercenaries by phantomfive · · Score: 1
      Sure, but it wouldn't come up nearly as much if lawyers didn't make their own reputation of it. Like the class action suite for silica? Here is a quote:

      They had asbestos plaintiffs who were diagnosed with asbestosis but not silicosis, rediagnosed with silicosis but not asbestosis, by the same doctor, with the same X-ray. They laid the seeds for their own destruction."

      Or how about in New Mexico where the attorney general seems to give good contracts to those who pay? Or maybe that's just a general politician thing.

      Or how about doctors who are no longer paying for malpractice insurance as a way to ensure against lawsuits? Here's a quote from one of those doctors:

      "I have a strong feeling I'll never hear from another attorney again," Rosenbaum said. "Sure, I'm nervous. But I practice carefully. The first thing lawyers do when they have a case is [check] all the doctors involved to see who has how much coverage."

      In theory the law is great: it prevents doctors from malpracticing by allowing lawsuits. In practice, it's only turned to increase expenses for everyone, while enriching customers (and a few lucky clients).

      These are not isolated examples. The list goes on and on. If lawyers want to have a good reputation, they sure don't act like it (of course there are exceptions).

      --
      Qxe4
    3. Re:lawyers are mercenaries by moviepig.com · · Score: 1

      They probably thought they had this one in the bag, since some of the very lawyers who have been representing them have been appointed to the highest echelons of the Obama DoJ. Instead, however, the brief eloquently argued against the film companies' position, dismembering with surgical accuracy each and every argument the film companies had advanced."

      Thus demonstrating again why you should never trust a lawyer. Unless you are still paying him, of course. (sorry nycLawyer)

      I think the traditional ire against lawyers is better applied to instances where they foment and churn expensive litigation (e.g., chase ambulances)... not where you pay them to voice your position more eloquently and knowledgably than you could. Moreover, it seems here there's an outside chance that the lawyers just might be voicing their own position...

      --
      Seeing bad movies only encourages them. Watch responsibly
    4. Re:lawyers are mercenaries by phantomfive · · Score: 1

      I think the traditional ire against lawyers is better applied to instances where they foment and churn expensive litigation (e.g., chase ambulances)...

      You mean, something like what an RIAA lawyer might do?

      --
      Qxe4
    5. Re:lawyers are mercenaries by iggymanz · · Score: 1

      but the common man mostly can't afford them for anything that would take more than a few tens of hours, so they mainly are the tool of the dirt-bags. hence the jokes about major world problem solving always starting with "1. shoot the lawyers". also be mindful most judges and many politicians were lawyers: what rises to the top of the septic tank?

  10. Even a broken clock... by xZoomerZx · · Score: 1, Insightful

    ...is right twice a day. Despite the common belief that the US government is way beyond screwed up, occasionally there is an outbreak of common sense. (Once you stop laughing about the words 'common sense' and 'government' in the same sentence, you can mod me up.)

    --
    Power tends to corrupt, and absolute power corrupts absolutely.
    1. Re:Even a broken clock... by newcastlejon · · Score: 1

      It doesn't need to be broken; just stopped.

      --
      If God forks the Universe every time you roll a die, he'd better have a damned good memory.
    2. Re:Even a broken clock... by 4D6963 · · Score: 2, Funny

      A broken clock is right twice a day, a clock that spins like a fan is right much more often! Let's vote batshit crazy people into power hoping they'll do the right thing by mistake even more often!!

      --
      You just got troll'd!
  11. :Head Asplode: by Mindragon · · Score: 5, Funny

    NewYorkCountryLawyer said:
    Well here's a story that could make us skeptical and/or cynical about our skepticism and/or cynicism.

    It's way too early on a Sunday morning and/or afternoon for me to ponder and/or grok the in and/or out of the and/or in that sentence.

    --
    Just add {In Space!} to anything.
    1. Re::Head Asplode: by mjwx · · Score: 1

      NewYorkCountryLawyer said:
      Well here's a story that could make us skeptical and/or cynical about our skepticism and/or cynicism.

      It's way too early on a Sunday morning and/or afternoon for me to ponder and/or grok the in and/or out of the and/or in that sentence.

      It's actually Monday morning here. 12:32 AM on June the 1st, by the time of your post to be exact. At least its a public holiday tomorrow.

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
    2. Re::Head Asplode: by Anonymous Coward · · Score: 0

      It was Monday morning in Australia at the time this story came out, YOU INSENSITIVE CLOD!!

      I'm sure there's a joke about Aussies living in the future in there somewhere...

  12. Not quite as surprising as everyone thinks by erroneus · · Score: 4, Interesting

    So far, at least on the surface, Obama is mostly keeping his hands off the DoJ and letting them do their thing independently. Perhaps it is a misperception on my part. And Obama seems to be at least trying to be his own president. It seems pretty obvious that he has capitulated on quite a few important issues and hasn't had quite the smooth ride he might have expected, but I don't think Obama cares much about the whole copyright thing right now.

    1. Re:Not quite as surprising as everyone thinks by Anonymous Coward · · Score: 0

      So far, at least on the surface, Obama is mostly keeping his hands off the DoJ and letting them do their thing independently.

      BULLSHIT

      Dept. Of Justice Drops New Black Panthers Case

      Obama Administration Abandons Voter Intimidation Lawsuit
      By MICHAEL P. TREMOGLIE, The Bulletin
      Friday, May 29, 2009
      Sources told The Bulletin that there is internal dissension in the Department of Justice (DOJ) about a voter intimidation case from last yearâ(TM)s presidential election. Obama appointees did not want to proceed with the case, while the career prosecutors did. The incident occurred in Philadelphia and involved the New Black Panther Party for Self-Defense (NBPPSD).

    2. Re:Not quite as surprising as everyone thinks by florescent_beige · · Score: 1

      I was surprised to find out some things that the President and other people in the US government don't know. GW Bush and Bill Clinton had a "debate" last week in Toronto and when someone asked about the new requirement to have a passport to cross the Canadian border (oops sorry, the "Northern" border) they were both taken aback. Clinton ok maybe but GW? His government instigated this for Pete's sake.

      Also recently Janet Napolitano the Sec of Homeland Security claimed that the 9/11 hijackers entered the US via Canada. False. No single US/Canada issue makes Canadians more wild with frustration than this one and the freaking Sec of HS doesn't freaking know the truth. Anyways.

      The point I'm trying to make is that yes it's quite possible Obama knows nothing about what's going on with copyright law and his government's role in it.

      --
      Equine Mammals Are Considerably Smaller
    3. Re:Not quite as surprising as everyone thinks by Changa_MC · · Score: 1

      You sound confused. Cheney was in charge of policy for the last 8 years, not Bush.

      --
      Changa hates change.
  13. Re:NO by FishWithAHammer · · Score: 0, Flamebait

    Hint: if they win the case, then copyright gets less broken. Cases like this help establish the boundaries of copyright law and the legal limits to the abilities of the rights-holders. Unless, of course, you're one of the "hurp copyright is always bad pirating is gud give me everything for freee!111111" mouthbreathers, in which case you can fuck right off.

    --
    "You can either have software quality or you can have pointer arithmetic, but you cannot have both at the same time."
  14. It's a curious case... by 91degrees · · Score: 1

    It sounds like the argument is consistent with the Betamax decision. This is essentially a VCR as a service rather than a product. I have no idea why it matters that storage is in RAM. There are systems that have stored data in RAM for years.

  15. Oh really? by Dunbal · · Score: 1

    If one attempted to distill a single prevailing emotion or attitude about government on Slashdot, I think it is fairly arguable that the winner would be cynicism or skepticism.

          Yeah right. Like we're expected to believe what you think about slashdot's opinion. You know, it's summaries like this that prove we can't expect much change either from the government OR slashdot...

    PS: For the HUMOR impaired, the above was meant to be a skeptical, cynical comment. But THIS bit is actually sarcasm.

    --
    Seven puppies were harmed during the making of this post.
    1. Re:Oh really? by NewYorkCountryLawyer · · Score: 3, Insightful

      If one attempted to distill a single prevailing emotion or attitude about government on Slashdot, I think it is fairly arguable that the winner would be cynicism or skepticism.

      Yeah right. Like we're expected to believe what you think about slashdot's opinion. You know, it's summaries like this that prove we can't expect much change either from the government OR slashdot... PS: For the HUMOR impaired, the above was meant to be a skeptical, cynical comment. But THIS bit is actually sarcasm.

      I am "humor impaired", and you had me there.

      But seriously, the comments to my story so far demonstrate that this welcome bit of good news does nothing at all to dampen the raging cynicism and skepticism which seem to be the prevailing winds of Slashdot.

      --
      Ray Beckerman +5 Insightful
    2. Re:Oh really? by Spliffster · · Score: 1

      Ray

      being sceptical is an important attribute for an engineer. It just might be true that many /. readers are engineers.

      If people were screwed about one topic over years it is very likely that they do not believe something has changed just because the outcome of a few cases is different.

      Yours typical cynical and skeptical ./ reader ;)
      -S

    3. Re:Oh really? by Anonymous Coward · · Score: 0

      this welcome bit of good news does nothing at all to dampen the raging cynicism and skepticism which seem to be the prevailing winds of Slashdot.

      A good thing once in a blue moon can hardly be expected to do so. We don't even know if it's part of a pattern or just a fluke.

    4. Re:Oh really? by NewYorkCountryLawyer · · Score: 2

      Ray being s[k]eptical is an important attribute for an engineer. It just might be true that many /. readers are engineers. If people were screwed about one topic over years it is very likely that they do not believe something has changed just because the outcome of a few cases is different. Yours typical cynical and skeptical ./ reader ;) -S

      I'm not asking anyone to give up their skepticism and cynicism; I'm certainly not giving up mine. I'm just pointing out that in this instance, something good happened. The DOJ took a position opposite to that taken by some of its own lawyers in this very case. That is an instance of the system working, as opposed to its malfunctioning. So we cynics and skeptics should take note that it happened, just as we take note of the myriad malfunctions. Unremitting negativity is as false as blind optimism.

      --
      Ray Beckerman +5 Insightful
  16. Ray... what's with the frames? by Akardam · · Score: 1

    Just curious why you feel it's necessary to link the PDF in via a frame with some other stuff in the "sidebar" I could care less about.

    Here's a direct link to the PDF:

    http://beckermanlegal.com/Lawyer_Copyright_Internet_Law/cartoonnetwork_csc_090500AmicusCuriaeBriefOfUS.pdf

    1. Re:Ray... what's with the frames? by NewYorkCountryLawyer · · Score: 1

      Just curious why you feel it's necessary to link the PDF in via a frame with some other stuff in the "sidebar" I could care less about.

      Just trying to make a dollar or two. Sorry. I keep thinking that people who support my work would try to help me out by buying a product or signing up for something through my affiliate ads, but it hasn't really worked out that way.

      --
      Ray Beckerman +5 Insightful
    2. Re:Ray... what's with the frames? by Anonymous Coward · · Score: 0

      A PayPal "Donate" button goes a long way....I don't know about most of the other people on here, but I despise affiliate ads in any form they take, even when they're being offered by someone who is not trying to abuse them in some way.

    3. Re:Ray... what's with the frames? by NewYorkCountryLawyer · · Score: 4, Informative

      A PayPal "Donate" button goes a long way..

      Well the last time we mentioned my PayPal button, some contributions came rolling in. So if you insist it's here.

      Thing is, what I like about the affiliate advertising idea is I'm not asking for a handout, and it's not costing you anything. You buy stuff on the internet anyway. So why not check and see if you can buy it through one of my links and help ol' NewYorkCountryLawyer out, without it costing you a dime?

      --
      Ray Beckerman +5 Insightful
    4. Re:Ray... what's with the frames? by Todd+Knarr · · Score: 1

      I for one don't mind the links going to your pages with the frames and all.

      As for the advertising, I think the problem is that for me at least it's just noise to be filtered out. If I'm interested in something, odds are I've already found where to buy it using Google so the ads aren't interesting. If I'm not already interested in what's being advertised, most likely the ad won't interest me and I'll ignore it. And if the ad does catch my eye, there's a major problem with it: the ad network. There's generally too many redirects involved for me to reliably know where clicking on that ad will take me, and the ad networks themselves are notorious sources of malware. What I'll usually do if something in an ad does catch my attention is make a note of what it was and then go Google for it. That gives me a better feel for whether it's legit or not, and bypasses having to worry about the ad network and what it might be up to.

    5. Re:Ray... what's with the frames? by NewYorkCountryLawyer · · Score: 1

      What I'll usually do if something in an ad does catch my attention is make a note of what it was and then go Google for it. That gives me a better feel for whether it's legit or not, and bypasses having to worry about the ad network and what it might be up to.

      Then you'll be getting to the professionals, who buy Ad Words, are knowledgeable about SEO, etc. As opposed to amateurs like myself.

      --
      Ray Beckerman +5 Insightful
    6. Re:Ray... what's with the frames? by Todd+Knarr · · Score: 1

      I don't think so. As far as I know, Google doesn't sell position in the search results. They sell it in the featured links at the top and the ads down the side, but I mostly ignore those. I'm not looking for sellers at that point, I'm looking for the main site of whoever actually makes what I'm looking for, and for third-party sites with reliable information on it, so I can figure out whether it's legit and whether I'm actually interested in buying it. If I do decide to buy it, I usually either go directly to the vendor or to merchants I already do business with depending on what it is.

    7. Re:Ray... what's with the frames? by BarefootClown · · Score: 0, Troll

      Probably because most people are more interested in getting something for free and whining when they can't than they are in paying anything--even a token amount--for the value received.

      But then, that's why we're in this situation in the first place.

      --

      "Make it ten--I am only a poor corrupt official."
      --Captain Louis Renault (Claude Rains), Casablanca

    8. Re:Ray... what's with the frames? by metaforest · · Score: 1

      Yeah you are working a pretty tough audience here, Ray. We don't tend to click on ads for obvious security reasons.

      This is true even for sites like yours that I do trust, since I often don't feel I can trust the advertiser(s) to properly keep their sites free of drive-by infestations.

      I just noticed a child posting that suggests a PayPal.... I second the argument that this might be a more acceptable way to get a little revenue to support your web service...

      Cheers,

      Metaforest.

  17. I expect we'll see more of this by petrus4 · · Score: 4, Insightful

    I was initially skeptical about the alleged, lauded virtue of Barrack Obama, but the more I see of his actions, the more I'm forced to concede that I was wrong, and that in this case, water genuinely has flowed uphill, to use that analogy.

    Obama's level of integrity is genuinely intimidating, for the simple reason that an American President is, at this point in history, expected to be a thoroughly amoral and corrupt human being. That he isn't, is rightfully seen almost as a violation of physical law. Bush's degree of evil had almost become reassuring, purely because of its' level of routine familiarity. When he attempted to do something monstrous, it was entirely expected.

    Even with Bush aside, it is also a paradox when considered in light of the dynamics of political power in general. Reading Machiavelli and virtually every other treatise on the subject, one is left with the overwhelming conclusion that the single greatest prerequisite of political power is amorality, to the extent that it can be said that an individual's degree of political power will be directly proportional to their level of amorality.

    Given this, Dick Cheney is perhaps a more likely example of who we would ordinarily expect to hold the office of President, morally speaking, than Obama. Cheney is, according to virtually every depiction of him, a consciously, willingly, and indeed enthusiastically evil individual. He is, therefore, far more consistent, both from study of political theory in general, and observation of American political history in particular, with the type of individual who I would expect to hold the office of the Presidency.

    It is said that within a democracy, a people get the leader they deserve. I'm not entirely sure what Americans have done recently to deserve a leader with Obama's comparitive level of decency, especially given that Bush was so far to the opposite, but even for us outside America, Obama's integrity is certainly very welcome.

    It will be fascinating to observe just how far outside of the established, conventional rules Obama is permitted to go.

    1. Re:I expect we'll see more of this by NewYorkCountryLawyer · · Score: 1

      It is said that within a democracy, a people get the leader they deserve. I'm not entirely sure what Americans have done recently to deserve a leader with Obama's compar[a]tive level of decency, especially given that Bush was so far to the opposite, but even for us outside America, Obama's integrity is certainly very welcome.

      Well I'm not ready to genuflect just yet. But this was a welcome bit of news.

      --
      Ray Beckerman +5 Insightful
    2. Re:I expect we'll see more of this by cheros · · Score: 4, Insightful

      an American President is, at this point in history, expected to be a thoroughly amoral and corrupt human being

      I find it thoroughly depressing that that seems to be the prevailing opinion. That in itself just shows what a tremendous amount of damage Bush has not only caused to the IMAGE of the US, but to the US itself. Having said that, they had willing assistance from the UK New Labour government in this, so I hope the current "it was within the rules" expense claim abusers get chucked out on their ears soon.

      I've seen it in the UK, no sooner did they step through the doors of No10, out came the efforts to switch off as many controls as they could get away with so they could fill their pockets as quickly as possible. Regulators? Take away their power. Competent people in government? Lose them to consultancies, then re-employ them and pretend that's the same thing (try saying "no" as a consultant if you have a family). Protests? Tarnish those who do, and bury it under spin. The worrying thing is that it has at both sides of the ocean worked so well that it has taken TWO terms for the damage to show up. And then they vanish, publishing "memoirs", hit the speaking circuit or, in the case of Blair, apparently go and work for the people who stand to profit from the collapse. No, I don't believe in coincidences.

      The main problem with such an attitude is that it flows downwards. As soon as industry sees this happening, they realise it's time to do the same because farming the economy to death MUST lead to a crash. so everyone was trousering wadfulls of cash while the going was good. Screw the man in the street, he's there to take the hit when it goes wrong. So it has, and he does.

      If Obama is tring to do The Right Thing (and so far, the signs are good even though he has to do this very slowly) he must alreday have discovered that this will take more than the time he has, even assuming he can serve TWO tems. I'm going to be very interested in what he does for long term planning.

      --
      Insert .sig here. Send no money now. Owner may sue, contents will settle. Batteries not included.
    3. Re:I expect we'll see more of this by khallow · · Score: 1
      I don't see this "integrity" with Obama's bailout effort, particularly, the US auto companies. The GM and Chrysler bailouts heavily favor the labor union, UAW at the expense of everyone else. From an integrity angle, this means two things. First, that it's a gross subversion of the rule of law. These companies could have gone through Chapter 11 bankruptcy which was designed precisely for this sort of thing. Second, the Obama administration is playing favorites.

      It will be fascinating to observe just how far outside of the established, conventional rules Obama is permitted to go.

      While I suppose it's possible that someone can maintain great integrity while going far outside the "rules", a US president cannot do this. The Bush administration's willingness to ignore the rule of law and other rules is one of the reasons it is so reviled now. I don't see a need for a Democratic version of the G. W. Bush administration.

    4. Re:I expect we'll see more of this by khallow · · Score: 1

      I don't see why you turned the story into a advertisement for the Obama administration. As I see it, both the plaintiff and defendant in this case were strong Obama supporters. Further, even if we ignore that some issues are so unpopular that the MIAA and RIAA can't have what they want, it's not past the intellectual capabilities of the Obama administration to offer the occasional carrot to the public while still delivering to the movie studios and other campaign contributors. It doesn't take a cynic to conclude that the Obama administration chose so many people from a niche special interest (pro-IP protection for entertainment media) in order to support that niche over other special interests.

    5. Re:I expect we'll see more of this by petrus4 · · Score: 1

      I find it thoroughly depressing that that seems to be the prevailing opinion. That in itself just shows what a tremendous amount of damage Bush has not only caused to the IMAGE of the US, but to the US itself.

      It wasn't just Bush, believe me. Some of us remember the Clinton Bodycount, as well as the fact that Waco happened on Slick Willy's watch, although he did a masterful job of letting Janet Reno take the fall for it. Waco never touched Clinton at all; from his perspective, it was as though it never happened.

      I've seen it in the UK, no sooner did they step through the doors of No10, out came the efforts to switch off as many controls as they could get away with so they could fill their pockets as quickly as possible.

      Yes, I'm aware of the effect that Prime Minister Wormtounge had over there as well, at least to a degree.

      I'm going to be very interested in what he does for long term planning.

      That is especially true when you consider that it is likely that a GOP administration would immediately follow his, which would also, knowing the Republicans, do their darnedest to undo whatever good he might have managed to achieve.

    6. Re:I expect we'll see more of this by mattwarden · · Score: 1

      You said a lot of words. What you have left out is quantifiable evidence that Obama is any better than Bush. Can we list a few things that has been done that shows he's the vehicle of significant change in Washington (which is what we were sold on)?

    7. Re:I expect we'll see more of this by Anonymous Coward · · Score: 0

      They have had 8 years of Bush, that in itself deserves a reasonable leader. The interesting question is would we have had Obama the first black president if we had not had the Bush years first. I doubt it.

    8. Re:I expect we'll see more of this by Anonymous Coward · · Score: 0

      Obama is a neo Marxist who just mugged rightful creditors of Chrysler and gave their money to his union supporters. He broke the bank intentionally with debt that will consume over 80% of GDP in ten years. He is giving money to his political units while inflating (stealing) money away from people who worked and saved, He wants US capitalist economy crippled while he coverts over to his Marxist "green jobs" economy that he sees as "social justice." Obama is a Marxist indoctrinated head case and a lot of Americans are just too stupid to get it.

    9. Re:I expect we'll see more of this by Anonymous Coward · · Score: 0

      Good old Dick and Bush!

    10. Re:I expect we'll see more of this by Hatta · · Score: 1

      Obama's level of integrity is genuinely intimidating

      Warrantless wiretapping. Whitewashing torture. Iraq policy indistinguishable from Bush's. Reversal on single payer health care. There's plenty not to like.

      --
      Give me Classic Slashdot or give me death!
    11. Re:I expect we'll see more of this by dkf · · Score: 1

      I'm going to be very interested in what he does for long term planning.

      That is especially true when you consider that it is likely that a GOP administration would immediately follow his, which would also, knowing the Republicans, do their darnedest to undo whatever good he might have managed to achieve.

      That'll only happen if the GOP remember that the only way to electoral success in a two-party system is to hold the electoral center-ground. Right now, they appear to prefer letting their hard-liners call the shots; ideologically pure sure, but not a way to win as they'll focus on candidates that are in their own comfort zone and not that of the electorate. All the Dems have to do is stay approximately put and they'll do well; if they get lucky and have a few successes, they'll be sitting pretty.

      (Yes, the reverse situation has been true in the past; the tension between pleasing party activists and the electorate is a constant of politics whenever there is a broad-based electorate.)

      --
      "Little does he know, but there is no 'I' in 'Idiot'!"
    12. Re:I expect we'll see more of this by Anonymous Coward · · Score: 0

      Personally I see Waco as a good thing, so I dont see the problem.

    13. Re:I expect we'll see more of this by randyleepublic · · Score: 0

      Obama can do whatever he wants as long as he doesn't touch the Fed.

      Google "The Money Myth Exploded" and read the story. It's not what you think. It de-bunks both the Fed and Gold.

      --
      Social Credit would solve everything...
    14. Re:I expect we'll see more of this by dogeatery · · Score: 1

      It will be fascinating to observe just how far outside of the established, conventional rules Obama is permitted to go.

      Well, considering his health care plan isn't even universal/single-payer, but instead includes and relies on insurance companies, I'm gonna say he's not planning on going outside any rules.

    15. Re:I expect we'll see more of this by Boronx · · Score: 1

      The last forty years have seen four of the most corrupt administrations in US history, all Republican:

      Nixon: Laos, Cambodia, Watergate, he extended Vietnam for political reasons.

      Reagan: El Salvador, Nicaragua, Iran-contra, in which Reagan sold weapons to the Anti-American Iranian revolution, and used the money to illegally fund Contra terrorists in Nicaragua who were trying to bring down a freely elected government.

      Bush I: Implicated in Iran-Contra, but also created a scandal all his own when he secretly funded Saddam Hussein after Congress had outlawed it (because he'd gassed his own people!).

      Bush II: Iraq (such a rich vein), Wiretapping, torture, indefinite detention and lots of little things.

      The two Democratic administrations were some of the most ethical in modern times. Carter is famously a goody two-shoes, and while Republicans were quite successful in getting media play for a bunch of phony baloney Clinton scandals, they didn't land a real one until The Blue Dress. The Lewinsky Blowjob, of course, had zero to do with the running of the administration, as the American people understood perfectly well.

      Why these facts don't form the basis for current opinion, which holds that the parties are the same, that presidents are corrupt, is an interesting question. The last four Republican presidents have all committed war crimes all in violation not just of international law, but of US law. Two of them have got thousands of US soldiers killed over a pack of lies. Only Nixon was forced to resign over a robbery coverup. He got a pardon. I think our system's complete failure to bring these guys to account is the chief reason why everyone starts to think of it as normal. Clinton was impeached. Doesn't that make him worse than Reagan?

      It is said that within a democracy, a people get the leader they deserve. I'm not entirely sure what Americans have done recently to deserve a leader with Obama's comparative level of decency

      They voted for him.

    16. Re:I expect we'll see more of this by metaforest · · Score: 1

      It is said that within a democracy, a people get the leader they deserve. I'm not entirely sure what Americans have done recently to deserve a leader with Obama's comparitive level of decency, especially given that Bush was so far to the opposite, but even for us outside America, Obama's integrity is certainly very welcome.

      I think the one thing that worries me most.... this that if he continues to exhibit these positive attributes and is able to act effectively he may get rewarded the way JFK did. :(

      I am slightly too young to have witnessed the events of 11/22/63, and the immediate aftermath. Yet, I have been profoundly aware and influenced by the reverberations it has caused in our nation. More recently I have seen disturbing parallels following the events of 9/11....

      Maybe this feeling comes from subtle inherited guilt that somehow, we as a people and a nation were not deserving of Kennedy, now that you mention it.... Obama seems to have a similar quality about him.... God, preserve him.

    17. Re:I expect we'll see more of this by hkmwbz · · Score: 1

      The GM and Chrysler bailouts heavily favor the labor union, UAW at the expense of everyone else.

      Except for the tens of thousands of jobs, of course, which, if lost, would cause even more devastation to the economy. These lost jobs would have been at the expense of everyone else as well!

      --
      Clever signature text goes here.
  18. Pretty big 2nd circuit opinion by tjstork · · Score: 2, Interesting

    I find it interesting that our Supreme Court Nominee was not part of this ruling. In fact, the 2nd circuit is making a lot of important rulings - they also established legal precedent in the Google Adwords trademark violation case, and some stuff about trademarks and internet before that. But I don't see her opinion on -any- of them. Maybe we should appoint the judge whose opinion this is?

    --
    This is my sig.
    1. Re:Pretty big 2nd circuit opinion by NewYorkCountryLawyer · · Score: 3, Insightful

      Maybe we should appoint the judge whose opinion this is?

      We?

      --
      Ray Beckerman +5 Insightful
    2. Re:Pretty big 2nd circuit opinion by KiahZero · · Score: 1

      That's because Circuit decisions are rendered by three-judge panels chosen at random from the judges of that Circuit, and there are 22 judges on the Second Circuit.

      --
      I'm a lawyer, but not yours. I wouldn't represent someone who thinks taking legal advice from Slashdot is a good idea.
  19. Nobody did force them by coryking · · Score: 2, Insightful

    But you'd be a fool not to play the scam like everybody else. The rational choice for a person was to treat their home like an ATM, after it was a "sure bet" and if they didn't, they would regret it. Even if they knew it was a scam, they figured if they got screwed everybody was screwed so why not play?

    In other words, good regulation can keep a bunch of individuals who are making rational decisions from screwing up the entire system. Sometimes what is right for one person is harmful to the whole. The lending crisis is an example of that.

  20. cynicism by rhesuspieces00 · · Score: 1

    The Supreme Court was thinking about overturning an important and just ruling but decided to just maintain the status quo. Oooooh, I suddenly feel so optimistic.

  21. Re:NO by Anonymous Coward · · Score: 0

    Ahhhh the cry of the greedy info-hoarders... You take your damn copyright back to the Green Line(18 years), and then we'll talk. For the law to receive any respect, it must be respectable. Until then YOU can fuck right off. The "rights" holders(hoarders) are the pirates who steal from the public. Welp, like I said you must draw back to your original borders, or you won't have a moment's peace.

  22. Re:NO by Lakitu · · Score: 1

    We want cases like this to lose. We need Joe Sixpack to start feeling the pain of the broken copyright system.
    Nothing will change until Joe can't record American Idol and starts to wonder why.

    We want cases like this to lose to set an example kind of like we want to implement Stalinist communism so that everyone will feel the pain of it and fight against it.

    you are an idiot

  23. Minimal gov is the answer by Anonymous Coward · · Score: 0

    We should be experimenting on how minimal we can make a gov, not how large and intrusive our system can endure.

    Minimal gov will not produce a perfect society, but we engineers have given up on the idea of perfect systems, haven't we? We always have to make tradeoffs: cost, features, speed, bug-rate, etc. We can't avoid the limitations that the natural world imposes on us, no designed system can.

    Minimal gov will produce a lot of failures, many obvious injustices. However, they will generally be small failures, small injustices, not the mega-disasters produced by govs, e.g. here in the US, the Civil War, WWI, WWII, the Cold War, and all of the various "Wars on X" which have produced very intrusive, large gov.

    We can all learn from small problems, adjust our decisions about how to live a good life. Mega-gov prevents all of that.

    1. Re:Minimal gov is the answer by nausea_malvarma · · Score: 1
      You're totally right. Lets have a minimal government. Now lets see, how can we acheive this. By voting for the right candidates? No, that won't work - both parties like to expand the size of government. Vote third parties? No, they never win.

      Good luck working for change within the system.

    2. Re:Minimal gov is the answer by tnk1 · · Score: 1

      The change has to come from the people themselves. The problem is that the people are just as bought off as anyone. Nevertheless, that is where it needs to start.

      There are probably dozens and dozens of programs in our interest. Regulations, social programs, health care, education mandates, etc. The problem is that as they accumulate, we lose the freedom of action to make decisions on the things we disagree on, even on some things we really, really want to oppose, but they are not quite as important as the #1 issue. That means the voter is stuck. You could have one party for every district in America, or even completely independent representatives and you have the same problem.

      In a republic, we already rely on the ability and honesty of our representatives. The problem is that the more they become responsible for, the more people have an interest in buying those representatives, directly or indirectly.

      The problem with the government is not that "socialism" is evil, its that the government is a monopoly just like Ma Bell and Microsoft. The biggest difference between a corporation and the government is that we get a free vote. But I have some stock too and we all know how much that matters. In fact, I probably have a bigger voting share in some Fortune 500 companies than I do in the US government.

      We need a better way of dealing with important items in the public sphere by not necessarily shrinking services, but splitting them up for better accountability. The best situation I can think of is breaking up the government like any trust, some being privatized, but most of it forming separate public units that also derive their authority directly from the people, instead of from a law made by the central government. And what's more, it has to stop being simple geography, it has to relate to things that we can elect experts to operate, instead of generalist lawyer types.

    3. Re:Minimal gov is the answer by Cajun+Hell · · Score: 1

      Vote third parties? No, they never win.

      Well, of course they never win, if you decide that you shouldn't vote for them because they never win.

      Vote for them anyway.

      --
      "Believe me!" -- Donald Trump
  24. It's obvious what the approach is going to be by sirwired · · Score: 2, Interesting

    I think it is fairly obvious what approach the Obama DoJ is going to take. In return for coming down hard on those that distribute pirated content (it is indeed a crime, if not one that deserves much punishment), the DoJ is going to make sure it is only going after actual pirates instead of consumers trying to use content they have already paid for.

    While this is not an ideal situation (there are a LOT of things the DoJ could be doing other than chasing after torrent trackers), it's better the previous situation, where the xxAA gets whatever they ask for.

    SirWired

  25. Pushing Buttons? by pgn674 · · Score: 2, Interesting

    I RTF Brief. It was a good read. There is one issue that was mentioned and claimed to be explored, but I don't understand the reasoning.

    In the last paragraph of discussion B.3.A and in foot note 10, on page 19, they say that the customer is the only one that makes the copy through RS-DVR, with some help from the respondents (the cable company). In fact, through out the brief, it is emphasized that who makes the copy is very important, and in this case it is always the customer that does.

    But, this paragraph and foot note strikes me. It says that it is possible that two parties at once both be the "who" and who makes a copy. Like "if one person selects the programs or documents to be copied, but hires someone else to push the buttons used to operate the relevant copying machine, it is possible that both could be held liable as direct infringes for any copyright violations that their conduct entails." The brief argues that this doesn't happen; the customer makes the selection and pushes the button.

    Why is pushing the button important? If a customer makes a selection but no button is pushed, then nothing has happened. If a company pushes a button but no selection was made before then, then again nothing happens. The customer is always the one that makes the selection; pushing a button is the extension of that selection. Hmm, maybe it is important, actually.

    But, in the case of RS-DVR, the company is pushing some buttons of several kinds. The customer can make a decision, then press a button on their remote. This button press is sent to the RS-DVR server at the company's location, and the server presses it's own internal buttons to set the recording time and channel, and then presses some more when the right time comes. If these internal server buttons were not pressed, then nothing would happen. To me, they look just as important to the process as the remote control.

    Hmm, maybe the server's internal buttons usage are considered a service, while the remote control's buttons usage is not?

    I think the only thing that's clear here is that I'm not familiar enough with this aspect of law to figure it out conclusively myself.

  26. Partly right by Anonymous Coward · · Score: 0

    Read Glen Greenwald at Salon.

    Summary is that Obama's DOJ has largely followed Bush's policies, indeed has pushed the secrecy defense of gov actions far beyond anything that Bush's DOJ claimed.

    Obama' has NOT repealed ANY of Bush's laws extending the power of gov to wiretap, spy, make the telcos immune to prosecution, etc.

    Obama's DOJ has NOT pursued the crimes relating to torture, which is required by international treaty.

  27. MDY vs. Blizzard by Anonymous Coward · · Score: 0

    ". This was the case which held that Cablevision's allowing its customers to make copies of shows and store them on Cablevision's servers for later viewing did not constitute a direct copyright infringement by Cablevision, there being no 'copy' made since the files were in RAM and buffered for only a 'transitory' duration."

    Didn't MDY lose on a decision recently regarding this? They were found to be infringing copyright because the game was loaded into RAM, which was considered a "copy" of the game, and MDY's wowglider program was modifying it (or something like that). So isn't this this opposite?

    -AC

    1. Re:MDY vs. Blizzard by metaforest · · Score: 1

      idn't MDY lose on a decision recently regarding this? They were found to be infringing copyright because the game was loaded into RAM, which was considered a "copy" of the game, and MDY's wowglider program was modifying it (or something like that). So isn't this this opposite?

      IANAL
      As I understood the ruling: The issue revolved around MDY acting in contravention of Blizzard's TOS for the way the Application is loaded into memory.

      Blizzards sanctioned mechanism for launching the WoW main executable is via a 'bootloader' that performs monitoring of the user's computer. This bootloader launches as a 'faceless application,' and then examines the execution environment of the user's operating system for signs of other running tasks known by Blizzard to provide services that violate TOS.
      If no such applications were found to be running, then the bootloader launches the WoW client application, and remains resident. The bootloader continues to monitor the WoW client and the user's computer for activity in violation of TOS and to provide error reporting services should the client executable fail.

      MDY sought to bypass this bootloader, by supplanting it with their own work-alike. This work alike would copy the WoW client software into random access memory, thus creating a copy in memory, using a method not authorized by TOS.

      MDY's software was indeed fixing a copy of the WoW client into memory in contravention of Blizzard's licensing terms with the end user, which expressly forbid the use of unauthorized methods to load the client's binary image into the computer's random access memory.

      MDY it was argued, created a situation where the end-user was unknowingly induced into violating Copyright by fixing a copy of the WoW software into the computer memory in a manner that was inconsistent with the terms of the Copyright License.

      MDY was not accused of violating copyright. MDY was accused of Tortuous Interference on two different counts in providing their customers with the software that they sold.

  28. Limited Impact by Nom+du+Keyboard · · Score: 1

    This way the ruling is limited to the Second Court of Appeals district only, and can be re-litigated in more friendly climes - like the Ninth Circuit Court, or Marshall, TX. If the Supreme Court agreed with the lower court then this ruling would hold throughout the country. Why else tell the Supreme Court that "This isn't important enough for you to bother with. Leave it to the other cable companies in the other areas of the country to work this all out."

    After all, when have we seen the MPAA/RIAA litigation machine go away after only one defeat? Also, when have we seen them go in for the big one - besides Grokster, that is?

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  29. Nelson Muntz sends his regards by shentino · · Score: 1

    Ha ha!

  30. Re:NO by Anonymous Coward · · Score: 1

    Unless, of course, you're one of the "hurp copyright is always bad pirating is gud give me everything for freee!111111" mouthbreathers, in which case you can fuck right off.

    Heh. Sounds like you're one of the "hurp everyone who disagrees with copyright is dumb la la la can't hear their arguments nope I bet they just want everything for free!111111" mouthbreathers.

    Try actually reading some of the reasoned anti-copyright posts on here sometime. You might learn something.

  31. Firefox is having issues with this page by Anonymous Coward · · Score: 0, Redundant

    Am I the only one having issues reading this page in Firefox? None of the reply subheadings are showing properly. Posting AC just in case I'm making a really dumb mistake which is causing this issue.

    1. Re:Firefox is having issues with this page by NewYorkCountryLawyer · · Score: 1

      No you're not the only one. In my screen on Firefox the type got larger (nice) but the comment headings are missing (not nice).

      --
      Ray Beckerman +5 Insightful
    2. Re:Firefox is having issues with this page by NewYorkCountryLawyer · · Score: 1

      Now my comment headings have returned.

      --
      Ray Beckerman +5 Insightful
  32. Never Woulda Thunk It by RoFLKOPTr · · Score: 1

    Seems like Obama's blatantly retarded cabinet appointments weren't so retarded after all. Hopefully he knew that these people would go against the industry that they have been representing, and hopefully he didn't appoint them because he thought they would help to bring along the policies that the industry has been fighting for. I'm really interested to see what the Administration does in the future, though... hopefully they can make a trend out of this.

  33. Re:NO by Anonymous Coward · · Score: 0

    Hint: if they win the case, then copyright gets less broken.

    I'd rather not have to wait another 80 years for it to get "less broken" a bit at a time.
    The changes we need have to come from the top down.

  34. This. is. STORMFRONT! by Anonymous Coward · · Score: 0

    Now back Sound Financial Advice(tm), with Eboneeger Jewbaitberg

  35. Not as purely intrastate as one might think by tepples · · Score: 1

    Education

    Mobility of people educated on one state's dime to another state where labor is needed makes education an interstate matter. I believe the problem is called "brain drain".

    intrastate agriculture

    Is agriculture really intrastate? That is, is there a major fertilizer company based in each state that practices agriculture?

    health care

    Medications, devices, and skilled labor routinely cross state lines.

    work regulations

    For someone who lives on one side of a state line and works on the other, which state has authority to tax income?

    1. Re:Not as purely intrastate as one might think by sumdumass · · Score: 1

      You need to check out what interstate matters actually are.

      Mobility of people educated on one state's dime to another state where labor is needed makes education an interstate matter. I believe the problem is called "brain drain".

      Bullshit. There aren't even any federal laws on the books about education attendance or experience levels or subject coverage. The No Child Left Behind Act didn't even provide any, it simply says that some funds are availible and if the state wants them they have to implement something like this in much the same ways international treaties implement a concept and leave it to the parties to do the detail in their laws.

      The federal government pays for less then 6 percent of total elementary-K12 education expenses and it administrates grant funds for higher education that was set up by other entities.

      Again, the problem of someone being a dumb ass then being able to leave his state and go to another is not an interstate problem. It's a personal problem. If you go somewhere that you aren't qualified to do any work, that is your fault/concern, not the state's or the government's. Just because you can take a problem to another state doesn't mean it is a problem between the states.

      Is agriculture really intrastate? That is, is there a major fertilizer company based in each state that practices agriculture?

      Some agriculture is completely in state. I don't use fertilizer, lime, or seed produced out of the state. My tractor was produced in Michigan years ago but using that as a foot in the door would be a lot like the federal government saying that you can't have sex on Sunday because your car was produced or uses parts that was produced in another states (or country). Their involvement constitutionally ends with my consideration for purchase. But no, they want to tax my hogs and cattle because of the methane produced by their crap. And they are even forgetting that the methane is largely carbon neutral because I grow my own feed and if I wasn't raising animals, I would still be selling the feed or raising some other food crop. More Carbon is created in eating the animals as well as crops then there is in producing it.

      Medications, devices, and skilled labor routinely cross state lines.

      And when it does, it can be regulated. But the regulation stops when it's considered for sale and has already crossed the state line. You don't assume that because your aspirine crossed the state line, the federal government can mandate how big of a house you have where your medicine cabinet is do you? Interstate commerce is just that, commerce between the states. Once a hospital or doctors office purchases it, it is over. This again is reflected in federal laws with respect to FDA regulations that allow off label usage for approved drugs and medical devices. Once the interstate part is over, the government's control is over. If any further regulations are required, it's up to the state to do so.

      For someone who lives on one side of a state line and works on the other, which state has authority to tax income?

      there are no federal laws on working across state lines. You are allowed to deduct a portion of the overage if you don't get 100% credit for the state and local taxes paid on the other side, but there are no federal laws concerning it. Just recently, New Jersey or was it New York, anyways, one of them increases to portion of taxes paid by out of state workers by withholding the credit amount they reimbursed the home state. It didn't take an act of congress to do that, the rules that they can credit the other state with taxes withheld was already in place, the rest is up to the state itself. When I was working in Sacramento CA and kept my residency status in Ohio, I ended up having to pay both California and Ohio taxes on the entire amount of income I earned. The only differ

  36. Re:NO by DarkOx · · Score: 5, Insightful

    I wish I had mod points. This weak minded PC world of moral relativism must be abolished. Copyright holders demand to be taken seriously and insist others listen to their arguments. I DONT NEED TO, your arguments are worthless because the position you already occupy is outrageous. The stated intent of the law was to promote innovation. Being able to profit from one work for a life time does not do that, it eliminates the need for innovation almost entirely.

    Return to the bright bright line and we can have an intelligent discussion listen to each other and hash out the specifics, till then I am for damaging the strength of copyright law in any possible way, including making completely impossible to enforce on a technical level such that everyone is a violator and the entire concept becomes a sad joke. Chances are that we can't come back from that point, which does not bother people like me much so maybe you pro IP types aught to think about giving us some concessions because there are more of us and eventually we will defeat you; yes some of us are willing to whip others into what amounts to an unruly mod to do that.

    A power struggle is an awful hard fight to win, once one side has excepted anarchy as satisfactory outcome, and a large enough group of people start to fell that would be preferable to your continued control; that is whats happening slowing in the world of IP. "Information wants to be free," is catching on.

    --
    Repeal the 17th Amendment TODAY! Also Please Read http://www.gnu.org/philosophy/right-to-read.html
  37. Re:Afro-American Racism Against Whites & Asian by Anonymous Coward · · Score: 0, Offtopic

    Ah I love the smell of panicking conservative dickhead in the morning. It smells like Victory.

    I enjoy the rampant paranoia of posts like this.

    Of course they really voted for Obama because they learned the lesson that Republicans are usueless in govt.

    But keep trying to put your racial spin on it, i for one enjoy your paranoid delusions.

  38. Re:Afro-American Racism Against Whites & Asian by Runaway1956 · · Score: 2, Insightful

    I have no need to hide behind the AC mask. Whoever spreads this trash are pretty desperate. OF COURSE some blacks voted for Obama, just because he's black. It's no different than all the white people who voted against him just because he's black. I happen to be non-black. I'm a veteran, for that and some other reasons, I really WANTED to vote for McCain. So - why didn't I? Well - McCain was far more likely to get my SONS killed than Obama. McCain wouldn't have exactly followed in Bush's steps, but he would have followed closely enough that it wouldn't have made a tremendous difference. Do I really CARE that our president is a funny looking nappy headed non-white? Not much. I voted for him because he understands more about world culture than McCain ever did, or will. The man has lived in places that McCain just flew over in a fighter jet. Tremendously different perspective. The black guy can relate to the world, whereas McCain used the world as a background on which to acquire targets. McCain may not be a pure neocon, but he does believe in much of the agenda of the New American Century. It is McCain's mission to spread corporate control around the world, supposedly for the benefit of Americans, but really for the benefit of those wealthiest 2% of Americans who already have more money than they can ever spend.

    With one son in the Army, and one son in the Navy, I really feared for their lives with Bush in control. Obama may or may not commit to some action which puts their lives in peril - but I'm fairly confident that the purpose of that action WILL NOT BE to enrich our wealthiest 2%. That is exactly what Iraq accomplished, with the neocons in charge.

    While you bitch and belly ache about the "nigger" in the White House, I breathe a sigh of relief. My own funny looking kids (sans the nappy heads) are far more likely to live long enough to give me some grandchildren to play with.

    Bottom line? Fuck off, you cretinous redneck!!

    --
    "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
  39. Divide and Conquer? by schon · · Score: 4, Insightful

    When Obama was elected, one of the things that was most apparent was his understanding of technology and related issues. When he appointed the ??AA lawyers to the DOJ, there was a large outcry from people who believed he was being influenced by his party's traditional media kowtowing.

    The specific lawyers who represented the RIAA and MPAA, and are now in the DOJ, are recused for two years from working on any of these types of matters. So they are not supposed to have had anything whatsoever to do with this brief. And from all appearances they did not

    I'm wondering if the ??AA lawyer appointments weren't designed to "take them out of the game". If so, it's a brilliant move, IMHO. :)

    1. Re:Divide and Conquer? by oji-sama · · Score: 1

      I'm wondering if the ??AA lawyer appointments weren't designed to "take them out of the game". If so, it's a brilliant move, IMHO. :)

      Right. He considered them harmful and wanted to take them out of the way, so he appointed them in the DOJ. Very ingenious move ^.^

      --
      It is what it is.
    2. Re:Divide and Conquer? by arekusu_ou · · Score: 1

      In a domestic abusive relationship, it is a good tactic to be tender and nurture with one hand while you smack and abuse with the other hand. Not only does it give a person false hope, make them blame themselves, or break their spirit from confusion.

      I'll keep my caution with Obama's DoJ for now, lest I be surprised later from the smack to the head.

    3. Re:Divide and Conquer? by hkmwbz · · Score: 1

      Yes, there must be a conspiracy. Obama must be evil. Even when insane conspiracy theories are put to shame it's just for show apparently. Obama is really planning out destruction.

      --
      Clever signature text goes here.
  40. It's a bit longer than that. by Anonymous Coward · · Score: 0

    > It's entirely possible that people working for President Carter are still employed at the DOJ and remained employed under different presidents and parties.

    Carter? Bernard Hollander has been serving since Truman.

    http://www.law.com/jsp/article.jsp?id=1202422506252

    I suppose he could have retired or died in the past year, but even if so, the number 2 man is only 2 years behind, and he might still be a work.

    1. Re:It's a bit longer than that. by sumdumass · · Score: 1

      Wow, Thanks,

      I didn't realize it was that long ago. This guy is something like 92 years old now, that's amazing.

      I was thinking, if someone was 67 and retiring today, and they started with the DOJ right out of school at age 22 or so, they could have been hired in 1964 and served with Johnson.

  41. Re:Afro-American Racism Against Whites & Asian by TarrVetus · · Score: 1, Interesting

    ... you cretinous redneck!!

    This word apparently means something different to you than it does to me. Not easy to find digital sources for this, but, from a GlobalSecurity.org article:

    However, the miners arrived and organized along military lines (many of them having served in the First World War.) They created a system of communication and passwords that no participant ever revealed, even to historians many decades later. In addition, to distinguish themselves from people uninvolved they wore red kerchiefs around their necks (perhaps providing the origin of the word "redneck.") They also assembled commissary wagons and brought along clergy and medical personnel.

    That's from the Battle of Blair Mountain, where those "rednecks" fought thugs--and some died--for the right to unionize.

    Not saying I'm going to write a curse-laden response to you, but... heads up.

  42. Re:Afro-American Racism Against Whites & Asian by Anonymous Coward · · Score: 0

    General use of the word in the United States refers to unsophisticate, uneducated, unruly, generally racist backwoods people, possibly inbred for generations. There are so many connotations, I couldn't possibly do the term justice.

    The wiki has a decent rundown. http://en.wikipedia.org/wiki/Redneck From it's earliest use in reference to Americans, it was derogatory.

    For more info, just google Southern American redneck You'll find tons of redneck humor among the results.

  43. Re:Afro-American Racism Against Whites & Asian by 3vi1 · · Score: 1

    I might be considered a redneck by geography/accent (grew up in Louisiana and Texas), but I completely support everything you said. Good job.

    Cretinous was the only insult in that comment.

  44. Re:Afro-American Racism Against Whites & Asian by TarrVetus · · Score: 1

    General use of the word in the United States refers to unsophisticate, uneducated, unruly, generally racist backwoods people, possibly inbred for generations. There are so many connotations, I couldn't possibly do the term justice.

    The wiki has a decent rundown. http://en.wikipedia.org/wiki/Redneck From it's earliest use in reference to Americans, it was derogatory.

    For more info, just google Southern American redneck You'll find tons of redneck humor among the results.

    Doesn't excuse the blind vitriol, though. I can make a list of nasty and ignorant phrases that, if directed toward another person here, would have people recoiling in horror, or lashing out in rage (typically phrases that many AC posts consist of--no offense). But "redneck," when used in an equally hateful way, is okay--and that's not really right.

    I'm not posting demanding an apology, or such. I'm just wanting to share that these groups may find such usage of the word a little offensive, or pointlessly hateful.

  45. Re:Afro-American Racism Against Whites & Asian by Anonymous Coward · · Score: 0, Offtopic

    It's astounding to me that someone would make the argument that a black man was elected *because of*, rather than in spite of, racism.

  46. Re:Afro-American Racism Against Whites & Asian by JackieBrown · · Score: 0, Offtopic

    It is the neolibs that post those stupid posts and you just eat it up because it fits so perfectly with what the media have told you a conservative is.

    Those posts are solely designed to taint the character of the people that do not support their ideology.

    It is so blatant that I cannot believe so many slashdotters fall for it.

    These posts do not contain any kind of conservative message, just racial hatred. (And to anticipate the response - racial hatred is not conservatism.)

    Honestly, if these "redneck conservatives" are passionate enough to sit by their computers all day and post this garbage, why would they post anonymously? Do you really think someone filled with this much hatred would be afraid of someone seeing their made up username?

  47. Re:Afro-American Racism Against Whites & Asian by LaskoVortex · · Score: 0, Offtopic

    But "redneck," when used in an equally hateful way, is okay--and that's not really right.

    Redneck isn't so bad. It means your neck is red from working out in the sun all day, like you should be doing. Honky? That's a stupid name. I'm not really felling anything here. If you want to piss off a white dude, don't use it. Cracker? That's a favorite of black comedians and so it's a bit trite. It's probably the closest that comes to being offensive. It comes from "whip crackin'" on the slaves. But there are about as many whip crackers alive today as there are former slaves--so it's anachronistic at best.

    But I'll tell you what really can irritate a white dude more than names. It's that anger at white people. Until I moved to LA, I've never seen anything like it. I think it's anger at "the man." I feel it worst from bus drivers. But they really shouldn't exude that anger because if they were to stop and think about it for a minute, they'd realize that *THE MAN* DOESN'T RIDE THE BUS!

    --
    Just callin' it like I see it.
  48. Re:Afro-American Racism Against Whites & Asian by Anonymous Coward · · Score: 0

    I see, let me get this straight. Your sons, joined the Army and Navy to cruise around and walk around with guns and not get involved in any possible fighting, so like a 4 year vacation. Your a jerk that if its true you have two sons who by their own free will joined the armed (get that armed) services to serve, which just might mean fighting in a war with or without your permission. I didn't vote for Obama, not because of his race, but because of his policies and liberalism. You sir, are a bigoted racist who has not a clue as to why we have a armed services. Dont call me a redneck you liberal who I doubt has any sons or ever served in the armed services.

  49. Re:Afro-American Racism Against Whites & Asian by Anonymous Coward · · Score: 0

    Wait a minute...

    Following your logic, if black voters had voted for Obama on the basis of policy etc, then only 65% would have voted for him, as happened in the hispanic & asian demographics.

    Um, maybe I'm missing something, but if we assume Obama gets 65% of votes *across the board*, then surely that means he wins the election?

    Oh, wait. You're figuring that white voters vote vastly in favour of McCain. "Purely on policy grounds", naturally.

    Dude, if it's racist for 95% of blacks to vote *for* Obama, then it's racist for more than 35% of whites to vote *against* him, by your figures.

    Unless you're willing to admit that maybe, perhaps, different ethnic groups within the US might have different policy interests, due to different demographics such as wealth, education, employment, etc etc.

  50. This is the system working?! by Anonymous Coward · · Score: 0

    This is a horribly broken system slightly fixing itself. It's the government that created the unnatural monopoly of copyright and granted copyright holders such tremendous powers to slow innovation simply by suing. In the end, the fact that Cablevision decided not to settle but, rather, to spend millions of dollars to fight this is not the system "working"--it's practically a miracle. So, no, NewYorkCountryLawyer, you have not instilled an ounce of scepticism about my own distrust of government. You have only increased my distrust and strengthened my support for competition and free markets. The skewed way non-libertarians view the world never ceases to amaze me.

  51. ECHO OFF by FiloEleven · · Score: 1

    Erm...you just said what I just said only more ranty.

    Except for the "not Obama" part. Obama definitely plays a part, whether you and he realize it or not. (Though how could you not? I mean, he's in the Political Party...)

  52. Victory? They punted... by BillX · · Score: 2, Interesting
    It took a while to RTFAC, but one of the major "decisions" I drew away from this was that the brief recommends against taking up the case because it is not a good test case, not because they believe the **AAs are twisting arms. Specifically, the fact that the parties waived claims for contributory infringement and fair use, respectively, was an important factor in the decision. FTFAC:

    "Network-based technologies for copying and replaying television programming raise potentially significant questions, but this case does not provide a suitable occasion for this Court to address them. The Second Circuit is the first appellate court to consider the copyright implications of network-based analogues to VCRs and settop DVRs, and its decision does not conflict with any decision of this Court or another court of appeals. The partiesâ(TM) stipulations, moreover, have removed two critical issuesâ"contributory infringement and fair useâ" from this case. That artificial truncation of the possible grounds for decision would make this case an unsuitable vehicle for clarifying the proper application of copyright principles to technologies like the one at issue here."

    It sounds as though they are expecting this case to essentially repeat for an arbitrary future combination IP holder and cable company, without the peculiar waivers of contributory infringement claims and fair-use counterclaims, and are simply waiting for that no-holds-barred case to be settled by a lower court. The extreme quibbling over (to quote the brief) âoewhoâ would âoemakeâ the copies that would be stored does not inspire my confidence, as all this decides is whether the alleged infringement should be considered as direct or contributory. The cynic in me says that a pro-RIAA author would rather the latter be the ultimate test case since the bar for arguing secondary/contributory infringement is much lower. (You stored arbitrary data which included the pointer to a pointer to data that a 3rd-party chose to infringe? You're a contributory infringer!)

    --
    Caveat Emptor is not a business model.
    1. Re:Victory? They punted... by NewYorkCountryLawyer · · Score: 2

      one of the major "decisions" I drew away from this was that the brief recommends against taking up the case because it is not a good test case

      Yes that was one of the reasons given; but the brief also, point by point, refutes each and every substantive copyright law argument the plaintiffs' lawyers (including those now at DOJ) had made.

      --
      Ray Beckerman +5 Insightful
  53. Re:Afro-American Racism Against Whites & Asian by centuren · · Score: 1

    Do I really CARE that our president is a funny looking nappy headed non-white?

    I found parts of your post such as this to be extremely objectionable. Seriously, this sort of thing is agony to read.

    Please don't capitalise part of a sentence like that. Emphasis like that doesn't help everyone hear your tone, it just makes those of us who don't hear your tone wince. Think about caps as shouting. Would you really SAY something like that, shouting out one word in the middle of everything?

    Try using italics. It WILL NOT BE as annoying.

  54. Re:Afro-American Racism Against Whites & Asian by Runaway1956 · · Score: 1

    "Try using italics. It WILL NOT BE as annoying."

    I make no apologies for my writing style. It is ironic that you use the same "technique" to make your own point.

    The lack of apologies out of the way, you might consider some possibilities. Some of us have vision problems. Some of us have learning problems. Some of us are doing exactly what we were taught during the course of our lives. Some of us aren't really used to slashdot. I could go on. No need, though.

    If you find my use of capitalization so objectionable, just add me to the ignore list. I am a loud man, and I really DO stress my points in conversation LOUDLY. There are no italics in the spoken language. Since I was taught to write like I talk, that's what I do.

    Would you care to address the content of my post, or just the method of delivery? Do you agree or disagree with my thoughts? That, I care about. Obviously, I don't care very much about proper punctuation, capitalization, etc. I'm not a very retentive person. ;-)

    --
    "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
  55. Lawyer modding by phorm · · Score: 1

    Lawyers have their trolls too. It seems that the RIAA/MPAA have many of them working their bridges, but only the judges get to mod them "-1 Misconduct", and you need to be a Jack Thompson to get modded "-5 disbarred" :-)

  56. Re:Afro-American Racism Against Whites & Asian by The+Grand+Falloon · · Score: 1

    Feel free to vote for the non-Black candidates and against the Black candidates if you are not African-American. You need not defend your actions in any way. Voting on the basis of skin is quite acceptable by the standards of today's moral values.

    Guess I'll vote for the nigger next time, too. I dunno, man. I haven't known many black people in my life, nor wetbacks, camel-jockeys or whatever. Some folks in my situation distrust such people. Fear of the unkown, I guess. Me, I think I understand my fellow white man pretty well, and I know what kind of treacherous assholery we can get up to. Maybe those weird darkies are different by nature. I'll take the unknown evil over the known.

  57. Re:Afro-American Racism Against Whites & Asian by centuren · · Score: 0

    I make no apologies for my writing style. It is ironic that you use the same "technique" to make your own point.

    Whoosh? I'm not sure I can call it on the parent poster.

    The lack of apologies out of the way, you might consider some possibilities. Some of us have vision problems. Some of us have learning problems. Some of us are doing exactly what we were taught during the course of our lives. Some of us aren't really used to slashdot. I could go on. No need, though.

    Wry humour aside, have you considered that my suggestion might be actually be a good one, and worth learning even there is a situation like the ones you describe, or if someone is older and set in his ways?

    There are no italics in the spoken language. Since I was taught to write like I talk, that's what I do.

    Umm, actually, there are different types of emphasis used in the spoken language, even (as I recently learned), in sign language. That's why caps aren't appropriate as a "blanket" writing device for emphasis.

    Would you care to address the content of my post, or just the method of delivery?

    Why ask this after I've already posted a reply that addressed just the method of delivery?

    Do you agree or disagree with my thoughts?

    Your post seemed to be made up with statements containing your feelings toward certain aspects of presidential politics. Are you asking if I think you should have different feelings? If I agree or disagree with your relief that Obama was elected rather than McCain, how would that contribute anything? We know there are lots of people who are relieved Obama was elected, and lots of people who think McCain was a better choice. In short, the content of your post isn't well suited for commentary.

    That, I care about.

    If you truly care about people agreeing/disagreeing with your thoughts, you should probably care about written communication skills, as they are used to express them. To your point, though, my last comment about your post not being suited to commentary isn't meant to offend, but be an honest reaction to what you posted.

    Even so, the phrasing of my original reply actually addresses the content of your post, albeit subtly. The first two sentences don't work without that implication. Overt and loud communication are much more clear than subtleties by nature, but that level of clarity isn't always what's appropriate.

  58. Mean != Median by itslifejimbutnotaswe · · Score: 1

    Actually, I'd wager _more_ than half of the population fall below the mean intelligence level. Intelligence certainly appears to be skewed to the right after all.

  59. Re:Afro-American Racism Against Whites & Asian by Anonymous Coward · · Score: 0

    Well it's nice of you to defend the groups that might have been offended by the rather ambiguous word in that sign-off - I would have thought the offence was centred on the word 'cretinous', but nevermind.
    .
    Interesting that you didn't come to the defence of the 'nappy-heads' mentioned in the same post, which I can only assume is a completely unveiled attack on people who wear turbans (mostly Sikhs where I'm from, and they've done nothing to harm anyone lately?)? Still haven't figured out how that relates to your new Pres though?

  60. Worked on Hillary by SteveFoerster · · Score: 3, Interesting

    Maybe so. Dick Morris argues that this is exactly how he's neutralized Hillary Clinton:

    http://thehill.com/dick-morris/the-incredible-shrinking-clintons-2009-05-26.html

    --
    Space game using normal deck of cards: http://BattleCards.org
  61. Re:one of these days by NewYorkCountryLawyer · · Score: 1

    one of these days you will get your head out of your ass

    It's getting a little late for that.

    and find out that those who rule us aren't alien beings

    I already knew that.

    but human beings

    I already knew that.

    just like you.

    Not exactly.

    it will probably coincide roughly around the time you realize that you yourself are not some vanguard of moral precision,

    Damn you. Are you trying to break my bubble? My parents probably thought they were training me for Messiah.

    nor whatever other heroes you have right now that you somehow view as morally perfect

    The only morally perfect heroes I had are deceased. They were few in number. I am not in their league.

    --
    Ray Beckerman +5 Insightful
  62. nycl by circletimessquare · · Score: 0, Flamebait

    you ARE a paragon of virtue, here on slashdot

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:nycl by Anonymous Coward · · Score: 0

      you ARE a paragon of virtue, here on slashdot

      Not to cast dispersions on NYCL, but if Slashdot is where the modern paragons of virtue are found we really do live in degenerate times.

  63. Re:Afro-American Racism Against Whites & Asian by rcuhljr · · Score: 1

    which I can only assume is a completely unveiled attack on people who wear turbans

    Actually in America it's a reference to blacks. http://en.wikipedia.org/wiki/Don_Imus#Rutgers_women.27s_basketball_controversy/

  64. Re:one of these days by Joe+Snipe · · Score: 1

    So whats up with your low budget movie? last update 2006?

    --
    Sometimes, life itself is sarcasm...
  65. Re:NO by FishWithAHammer · · Score: 1

    I should have been more specific. You make it sound like I wouldn't be OK with returning to 18 years. I'd be fine with five! But I'm not fine with people just taking whatever they feel like.

    --
    "You can either have software quality or you can have pointer arithmetic, but you cannot have both at the same time."
  66. Re:Afro-American Racism Against Whites & Asian by Jawn98685 · · Score: 1

    It is the neolibs that post those stupid posts and you just eat it up because it fits so perfectly with what the media have told you a conservative is.

    Those posts are solely designed to taint the character of the people that do not support their ideology.

    It is so blatant that I cannot believe so many slashdotters fall for it.

    These posts do not contain any kind of conservative message, just racial hatred. (And to anticipate the response - racial hatred is not conservatism.)

    True enough. Nevertheless, the Republican Party has a long history of playing on such fear and ignorance in order to grab votes. Indeed, and to their credit, during most of the early '90's, they did so with enviable mastery. Unfortunately, one can employ that "those rednecks don't speak for us..." dodge for only so long before a sufficient segment of the public calls bullshit on such hypocrisy and hands the offenders their asses in a couple of consecutive elections. Fortunately, (or unfortunately, for Republicans) the Republican leadership (such as it is right now) has failed utterly to realize this and continues to play to the same fearful and ignorant (redneck) portion of their "base".
    BTW, apologies up front to those who choose to wear the "redneck" label for reasons other than an unfortunate failure of the educational system.

    Honestly, if these "redneck conservatives" are passionate enough to sit by their computers all day and post this garbage, why would they post anonymously? Do you really think someone filled with this much hatred would be afraid of someone seeing their made up username?

    Of course! On /., a white sheet isn't very effective, but the AC moniker will do when you're too afraid to show your face while you make an ass of yourself.

  67. Re:Afro-American Racism Against Whites & Asian by ravenshrike · · Score: 1

    Given that they would have been just as in favor of McCain over Hillary, I think we can safely say it was on policy grounds.

  68. client-attorney privilege is valued over truth by Anonymous Coward · · Score: 0

    will go down in history as the worst thing about how our age handled jurisdiction/law.
    If the defendant secretly knows he is guilty, he must lie to his lawyer too. And upon his admission of guilt, the lawyer must feel stabbed in the back, in the courtroom, since the client lied to him too.

    The current system of client-attorney privilege where the defendant admits his guilt in private and pays off or pleads the lawyer to defend his position using argumentative skills and experience, but without ethics, *guarantees* that at any point in time, 50% of the lawyers, intelligent and resourceful individuals in society with great proximity and familiarity to the seat of legal power *are cheating the court, the state and the public*
    This is a glaring flaw in the system as far as criminal justice is concerned - in cases of serious nature like murder, fraud, violence, harassment and injustice in business and employment.
    "Defective by design" is an understatement for this situation.
    Any possible remedies for this absurd anomaly?

  69. Re:NO by easyTree · · Score: 1

    till then I am for damaging the strength of copyright law in any possible way, including making completely impossible to enforce on a technical level such that everyone is a violator and the entire concept becomes a sad joke.

    Uhh, isn't that where we're at right about now?

  70. Re:Afro-American Racism Against Whites & Asian by Anonymous Coward · · Score: 0

    This ass-clown can't even do the math properly, or reseatrch the history... clearly a disgruntled Bush voter. And yet, he's fine with stupid people voting for one of their own, while black people can't?

    Don't trust me... here's some actual reference material:
    http://racism-politics.suite101.com/article.cfm/african_american_voting_patterns
    http://findarticles.com/p/articles/mi_m1365/is_1_35/ai_n6145431/

    I will summerize. Since the Civil Rights Act of 1964 was passed by Kennedy and Johnson, black voters have supported the Democratic Party very strongly. This is no surprise... the Republicans have, at various times, openly courted white racists. This was what Nixon did, and it's what swung the US South strongly to the Republicans for, well, until this last election, at the least. 82% of black voters went Democratic in 1964; 92% in 1968. With a very few exceptions, black voters have exceeded 80% vote for Democratic Presidents ever since. There was not rational reason to have expected fewer to vote for Obama than voted for Clinton (83% in 1992, 84% in 1996), Gore (90%), or Kerry (88%).

    Obama and the Democrats clearly do represent the general populus more than the increasingly Far Right and Radically Christian Republicans. The Republican Party is openly supported by as few as 21% of the country today (based on those who self-identify as Republican), and those numbers are falling, as the leadership of the party goes increasingly into Wing-Nut territory. When morons like Rush Limbaugh effectively run the Party, no mainstream voters will be attracted, period.

    I think this is a great chance for the Libertarian Party to grab some market share, maybe even replacing the Republicans as #2. They espouse most of what the "better angels" of the old (pre-deficit spending, pre-Reagan) Republican Party stood for, without all that bad stuff (warmongering, theocratics, racism, elitisim, etc), and while I voted Democratic in most elections, they represent a belief system that would give me (and many other thinking people) a real choice in future elections. They might need to expand their platform a bit, but with the Republicans' contracting theirs, the door it open.

  71. Re:one of these days by petrus4 · · Score: 1

    You're right, and for the record, I don't consider it appropriate that you got modded down to -1.