Today's content owners are yesterday's pirates

I posted this review of Larry Lessig's book Free Culture to Amazon.com:

Lessig has written a very clear and entertaining book about copyright, piracy, and culture, filled with lots of real-world examples to make his points. The book covers major events in the history of copyright in the United States (from its beginnings in English common law and the UK Statute of Anne) in order to show how its meaning has changed, and how those who are making accusations of piracy today were the pirates of yesterday. (Jessica Littman's book, Digital Copyright, is a nice complement to this book, covering the history of copyright in greater depth.) Lessig makes a strong case that the direction of copyright, giving greater control over content to a very small number of owners than has ever existed, is eroding the freedom that we've historically had to preserve and transform the elements of our culture.

Lessig begins by describing how the notion of a real property right for land extending into the sky to "an indefinite extent, upwards" became a real rather than theoretical issue with the invention of the airplane. In 1945, the Causbys, a family of North Carolina farmers, filed a suit against the government for trespassing with its low-flying planes, and the Supreme Court declared the airways to be public space. This example shows how the scope of property rights can change with changes of technology, in this particular case resulting in an uncompensated taking from private property owners, yet leading to enormous innovation and the development of a new industry and form of transportation. He follows this with the example of the development of FM radio, which was intentionally back-burnered by RCA and then hobbled by government regulation at RCA's behest in order to protect its existing investment in AM radio. This example shows how powerful interests can stifle technological change through its ownership of intellectual property (in this case, the patents regarding FM radio).

He then discusses how intellectual property laws have developed in the U.S., pointing out that Walt Disney's Mickey Mouse made his talking picture debut in the movie "Steamboat Willie" (he had earlier appeared in a silent cartoon, "Plane Crazy"), which was a parody of Buster Keaton's "Steamboat Bill." Many of Disney's characters and stories were taken directly from the previous work of others, such as the Brothers Grimm--works in the public domain, freely available for such copying. As new forms of media have been created, they have borrowed from previous forms. Today, however, the creators of content who have borrowed from their predecessors have successfully changed the rules so that their successors cannot borrow from them, both by extending the term and scope of copyright protection and by developing technologies that have greatly reduced the ability of successors to borrow or re-use content. The specific rules are completely inconsistent, based on the political power of the relevant parties at the time the laws were changed. When Edison developed the ability to record sounds, including recording music written by others, copyright law was changed to provide for compulsory licensing for a fee paid to the composer. With radio broadcasting, the fee still goes to the composer, but not to the recording artist. But put that same radio broadcast on the Internet, and now fees must be paid to both the composer and the recording artist.

Where there used to be a sea of unregulated uses of copyrighted material containing a small island of restricted uses (with shores of fair use), there is now a vast continent of restricted uses, a stark cliff of fair use, and a tiny channel of unregulated uses. Lessig shows a table on pp. 170-171 showing commercial and noncommercial uses and the rights to publish and transform for each. In 1790, copyright only governed publication rights for commercial uses, the other three cells of the table being free. At the end of the 19th century, publication and transformation for commercial use was governed by copyright, while noncommercial use was free. The law was changed to govern copies, including much noncommercial use. Today, all four cells of the table are governed by copyright.

Lessig discusses Eric Eldred's attempt to defend the right to transform public domain works into electronic versions by fighting Congress's continuing extensions of the term of copyright in the face of the Constitution's restriction to "limited Times," and how the case was lost at the U.S. Supreme Court to inconsistent reasoning from the conservative justices who failed to even address the commerce clause argument and the precedent they set in Lopez v. Morrison case. This is a wonderfully written, persuasive, entertaining, and dismaying book. It deserves to be widely read and understood, so that ultimately intellectual property law in the U.S. will be reformed.

This book is available online at no charge. http://www.free-culture.cc/freecontent/

Three days, three appearances of Rocket Man

An amusing set of coincidences: On Saturday, July 8, Respectful Insolence posted a great video of William Shatner's 1978 performance of Elton John's "Rocket Man" at the Science Fiction Film Awards. On Sunday, an episode of Cold Case ("Honor," a repeat from last November) began by playing Elton John's "Rocket Man." On Monday, the July 8-14 issue of The Economist showed up, with Kim Jong Il on the cover, launching into the air with a trail of smoke below him, with the caption "Rocket man."

Don't worry about debt, just earn more money...

Talking Points Memo writes:

President Bush is out saying that his tax cuts are responsible for the deficit this year being lower than his economists predicted earlier this year and slightly lower than the actual deficit last year. But is someone going to mention that the tax cuts are the prime reason we have record deficits to begin with? President Bush came into office with surpluses. He ran up the deficits, structural deficits created by his tax cuts. Or have we forgotten that?

The tax cuts are the prime reason? As if the wasteful out-of-control spending has no part in the equation?

The President is Always Right

Steven Bradbury, head of the Justice Department's Office of Legal Counsel, questioned yesterday by the Senate Judiciary Committee:

LEAHY: The president has said very specifically, and he’s said it to our European allies, he’s waiting for the Supreme Court decision to tell him whether or not he was supposed to close Guantanamo or not. After, he said it upheld his position on Guantanamo, and in fact it said neither. Where did he get that impression? The President’s not a lawyer, you are, the Justice Department advised him. Did you give him such a cockamamie idea or what?

BRADBURY: Well, I try not to give anybody cockamamie ideas.

LEAHY: Well, where’d he get the idea?

BRADBURY: The Hamdan decision, senator, does implicitly recognize we’re in a war, that the President’s war powers were triggered by the attacks on the country, and that law of war paradigm applies. That’s what the whole case —

LEAHY: I don’t think the President was talking about the nuances of the law of war paradigm, he was saying this was going to tell him that he could keep Guantanamo open or not, after it said he could.

BRADBURY: Well, it’s not —

LEAHY: Was the President right or was he wrong?

BRABURY: It’s under the law of war –

LEAHY: Was the President right or was he wrong?

BRADBURY: The President is always right.

(Via The Agitator.)

Arizona's Representatives on banning Internet gambling

The U.S. House of Representatives has voted to ban Internet gambling (HR 4411) by imposing new requirements on banks and credit card processors to prohibit them from transferring money to offshore online gambling companies. This will drive up their costs, which they will pass along to consumers. The online gambling companies will set up shell companies to accept the payments, and it will be a never-ending arms race that will not stop online gambling.

The bill that passed was not consistent from a moral basis for banning gambling, as it carved out exceptions for horse racing and state lotteries. In other words--this was a bill that Jack Abramoff would have loved.

Arizona's Representatives voting in favor of the ban: Trent Franks, J.D. Hayworth, Rick Renzi, John Shadegg (all Republicans).
Arizona's Representatives voting against the ban: Jeff Flake (R), Raul Grijalva (D), Jim Kolbe (R), Ed Pastor (D).

(Hat tip to The Agitator. I second his question about why the heck the Washington Post gives a vote breakdown by Representative's astrological sign.)

Identity Crisis: How Identification is Overused and Misunderstood

Time Lee at The Technology Liberation Front writes about a book by Jim Harper that sounds like a must-read:

Harper’s book does three things. In parts 1 and 2 he presents a theory of identification that classifies identification into four categories (something you are, something you are assigned, something you know, and something you have) and then identifies the relationships among identification, risk, and accountability. He particularly makes the point that the need for identification is intimately connected with the type of transaction being considered: the ID you need to check out a library book is much different than the ID you need to get a mortgage or access to a nuclear reactor. He also stresses the diversity of identification: we use many different forms of identification in our daily lives (library cards, credit cards, passwords, drivers licenses) and that’s a feature, not a bug.

In part 3 he digs into the details of identification cards: how they’re created, how they’re used, and how they can be misused. Finally parts 4 and 5 lays out his vision for an enlightened identification policy of the future: one that protects civil liberties by expanding the diversity of identifiers we use in our day-to-day life.

The book had two points that I found particularly insightful. Harper stresses the role incentives play on the security of identification. The likelihood a particular form of ID will be hacked is directly related to the rewards for doing so. That means that the more uses we pile onto a single national ID card (which is what your driver’s license is rapidly becoming) the more resources criminals will spend to corrupt the ID-granting process. In contrast, if we have many different IDs for different purposes, the rewards for corrupting any given card will be much lower.

Arrested for wearing a peace T-shirt

Mike Ferner was arrested for "protesting" (he was wearing a Veterans for Peace t-shirt) while sitting, having a cup of coffee in the Jesse Brown V.A. medical facility in Chicago. Ferner, a Vietnam veteran, was told to leave or be arrested, and he chose the latter. He intends to contest the $275 fine in court.

(Via The Agitator.)

Happy Independence Day!

I was going to put up something about the mythical story of the Liberty Bell being rung on July 4, 1776 (a story invented in the mid-19th century by George Lippard of Philadelphia--the name "Liberty Bell" is actually a Civil War-era name regarding the abolition of slavery, not American independence), but I was unable to find my copy of Legends, Lies, and Cherished Myths of American History. Instead, here are links to a few other sites that have put up some nice Independence Day postings:

Radley Balko at The Agitator asks:

if forced to put the people who crow loudest about patriotism today on one side or the other in 1776, wouldn't you think most of them would have been defending empire, tradition, and the glory of the crown? I can almost read the National Review editorial now, inveighing against the radical, Godless-deist separatists!

Here's another: Would the founders -- whom our government celebrates today -- have tolerated the government we have now? As Cowen notes, we rose up and revolted against a government that was far less intrusive, invasive, and -- at risk of hyperbole -- tyrannical than the one we have now. My guess is that alcohol prohibition alone would've been enough have Payne [sic] or Jefferson calling for arms. Never mind the New Deal, the Great Society, or today's encroaching police state.

Catallarchy supplies six July 4th posts:

Patri Friedman repeats last year's post about flag burning, still applicable today.

Brian Doss provides the key historical documents through a series of five posts:

A key passage from Magna Carta which he thinks may have been a seed for the American Revolution:

And if we shall not have corrected the transgression (or, in the event of our being out of the realm, if our justiciar shall not have corrected it) within forty days, reckoning from the time it has been intimated to us (or to our justiciar, if we should be out of the realm), the four barons aforesaid shall refer that matter to the rest of the five and twenty barons, and those five and twenty barons shall, together with the community of the whole realm, distrain and distress us in all possible ways, namely, by seizing our castles, lands, possessions, and in any other way they can, until redress has been obtained as they deem fit, saving harmless our own person, and the persons of our queen and children; and when redress has been obtained, they shall resume their old relations towards us.

King George's Proclamation of Rebellion.

A quote from and link to Thomas Paine's Common Sense.

Another post with the text of a rough draft of the Declaration of Independence.

The final text of the Declaration of Independence.

Sheldon Richman quotes the Declaration, and asks whether it's time for another one...

Kevin Carson points out the irony of "the lapdog press praising an imperial war machine as the source of our liberties, given that we won our freedom and independence fighting a war against our own governments" and supplies a series of "real patriotic, freedom-loving quotes, in honor of the anti-authoritarian hell-raisers who really founded this country."

Ed Brayton at Dispatches from the Culture Wars describes a bit of the history around the Declaration of Independence, and the coincidence of John Adams and Thomas Jefferson both dying on the 50th anniversary of its signing, and ends with a statement of commitment to the principles of liberty rather than to government:

The 4th of July, for me, has very little to do with patriotism or nationalism, feelings that seem to affect me far less than most men. My allegiance is not to the nation, it is to the set of principles upon which the nation was founded. When the government upholds those principles, I offer it praise; when it violates them, I offer my anger and my opposition. Those principles of individual liberty and equality before the law are, in my mind, sacred and inviolable. They are the cornerstone of my view of human civilization; whatever advances them has my support, whatever impedes them my opposition.

The photos above are of the Declaration of Independence at the National Archives in Washington D.C. on May 5, 2006, and of the monument at John Hancock's grave in the Granary Burying Ground, Boston (where two other Declaration signers, Samuel Adams and Robert Treat Paine, are also buried), on the afternoon of June 29, 2006.

Review of The Millionaire Mind

I've submitted this review of The Millionaire Mind by Thomas J. Stanley, Ph.D. (2001, Andrews McMeel Publishing) to Amazon.com:

This is a deeply flawed book. It purports to be a description of the characteristics and attitudes that make wealthy people wealthy, but it is based mostly on their self-assessments without comparison to a control group. I suspect that this heavily underplays the role of random chance in success, and attributes causation where there is only correlation. Further, the author display clear biases on a number of topics, which leads him to engage in ad hoc interpretation of his data, sometimes to argue for conclusions that are contrary to the clear implications of the data--such as his arguments for the importance of religion in the lives of millionaires.

On pp. 33-35, the author looks at success factors, and compares to the role of luck on pp. 82-85, which he downplays in favor of discipline. While he touches on the importance of having the right connections (and the genetic contributions to intelligence), on p. 85 he asks "what does luck have to do with graduating from medical school? What does luck have to do with successfully running a medical practice? Very little, according to these physicians." But what does luck have to do with being born into a family and in a country where one has a chance to reach adulthood, let alone be able to attend a medical school? Quite a bit.

Unlike its predecessor, which looked at prodigious accumulators of wealth (PAWs) vs. under-accumulators of wealth (UAWs), this book focuses on millionaires (PAWs) and decamillionaires (a tiny subset of PAWs, those with net worth $10M or greater). The lack of comparison to the general public serves to limit the book's value.

A misleading comparison between businessmen and stockbrokers on pp. 76ff makes the point. Stanley states that the former is an occupation more likely to have higher net worth. But this comparison is misleading because he's only looking at the millionaire-plus sample; he is excluding more of the total business owner population from his sample than stockbrokers. The average and median income and net worth for business owners are likely lower than for stockbrokers. If he made the same comparison with actors or musicians to stockbrokers, for example, the problem is more obvious--by excluding all those who aren't worth $1M or more up front, you exclude the vast majority, and pull up the average. With stockbrokers, on the other hand, a higher percentage of them are in the top income earners and wealthy.

On p. 110, after having pages about the importance of ethics and advising "Never lie. Never tell one lie." (p. 55), he passes right over his example, Mr. Warren, lying about being a college graduate in order to get a job, without comment, and without noticing the hypocrisy.

On pp. 173-174, the author wants to make the point that prayer is important for millionaires dealing with stress, despite the fact that the majority of his surveyed population do not regularly pray. (He repeats this again on p. 370, saying "nearly one-half of the millionaires (47 percent) engaged in prayer. ... for a significant percentage of millionaires, their religious faith is a major force in their lives.")

In trying to emphasize the point (p. 174), he splits his sample into "religious millionaires" (RM) and "other millionaires" (OM), observes that 75% of RM engage in prayer while only 8% of OM do, and points out that this is "a ratio of more than nine to one." This is a meaningless comparison, however--RM make up only 37% of his total population of millionaires, so his "more than nine to one" ratio is really nothing more than saying, of those millionaires who are religious, three-fourths hold religious practices which involve regular prayer (and 8% of those who do not consider themselves religious pray anyway). Since the OM population is much larger than the RM population, in absolute numbers that's not a nine-to-one ratio--his numbers show that about 28% of his total sample are RM who pray, while 5% of his total sample are OM who pray--closer to a six-to-one ratio.

But more importantly, the author glosses over the fact that not only are the majority of millionaires not religious, even a quarter of those who are don't engage in regular prayer! Given that the U.S. is one of the most religious countries in the world, the fact that such a low percentage of millionaires are religious is quite interesting and worthy of further exploration as to the cause, but for Stanley, religion and prayer are an important foundation of the "millionaire mind," and he completely misses the opportunity to find an explanation for why millionaires are so much less religious than the general population.

In a later table in the book on p. 366, he shows activities engaged in by a sample of 733 millionaires during the preceding 30 days. The table includes 52% attending religious services, 47% praying, 37% attending religious events, 22% Bible/devotional reading. These numbers don't quite match up with the RM/OM data from pp. 173-174, which seem to show even lower levels of religious activity, but these are still lower than they are for the nonmillionaire population--and weekly church attendance is notoriously over-reported in surveys. Work by Mark Chaves, C. Kirk Hardaway, and P.L. Marler in the 1990s found the actual percentage of attendance about half of what surveys show. This actually could mean that millionaires attend more often, if Stanley's survey results don't have similar over-reporting.

The author's religious bias further leads him to recommend to a student going through a divorce that she, despite not being a church attendee, search for a mate by joining a church group (p. 268) because she "believed in marriage and the traditional family concept." He writes that "I believe that one is likely to find better prospects in a church setting than in singles bars. Of course, there are no guarantees, but people with a religious orientation are more prone to respect the principles espoused in the Good Book." But why is he just guessing on this? Hasn't he asked his population of millionaires--the ones who are 63% non-religious--how they met their mates? He did this, very usefully, regarding how millionaires purchase their homes (pp. 315-326)--yet isn't picking a partner even more important?

This book has some interesting data, and is at its best when giving comparative results between populations (e.g., the house-purchasing characteristics of economically productive millionaires vs. non-economically productive millionaires in chapter 7). But it doesn't stand up well in comparison to The Millionaire Next Door, which is a much better book.

Karl Pflock dies

Karl Pflock, the author of Roswell: Inconvenient Facts and the Will to Believe and co-author with Jim Moseley of Shockingly Close to the Truth, died at age 63 on June 5. Pflock had been a contributing editor to Moseley's Saucer Smear, but had stopped contributing regularly after being diagnosed with ALS (also known as Lou Gehrig's Disease). Pflock was an entertaining writer and a fair-minded skeptic (he was a believer in UFOs, but his book on Roswell is the best skeptical treatment of the topic). The June 30, 2006 issue of Saucer Smear contains an obituary of Pflock by Jim Moseley.