"Expelled" producers win round one on "Imagine" lawsuit

In a decision issued today, the judge in the case of Yoko Ono against Premise Media ruled against Ono's motion for an injunction against the film, on the grounds that Premise Media and its attorneys at the Stanford Fair Use Project were likely to prevail on a fair use defense. So "Expelled" will be able to be released in Canada with its excerpting of "Imagine" intact.

This is an outcome I suggested would occur, and hoped for, despite the dishonesty of the defendants in this case. It remains to be seen if Ono will continue with the lawsuit and potentially set a useful precedent for copyright law.

(Via Pharyngula.)

ApostAZ podcast #2

The second ApostAZ podcast is now available for listening at ApostAZ.org. Topics include the Virgin Mary visible on a biker's leg wound, Phoenix atheists meetup group organizer Shannon's deconversion story, an "Arizona Atheist Action" segment on the current proposal to create another anti-same-sex marriage amendment to the state constitution, and more.

Correction, guys--our sun is a Class G star, not a Class B star. (It doesn't negate your point--Class G stars are more common than Class B stars.)

Peter Gabriel's new filtering website

The Filter, officially debuting tomorrow but already available today, is a website that asks for some basic information about your tastes in film and music, and then makes recommendations about other things you'd like--music, movies, web videos, and TV. It's not clear from the CNN coverage how it compares to Amazon.com's recommendation engine or to sites like Pandora, but it looks interesting.

A Guide to Christian Cliches and Phrases

Former evangelical Christian and Bible college attendee Daniel Florien has put together a list of common Christian clichés, along with translations of the real meaning behind them, along with "acceptable" and "unacceptable" responses to each.

Florien's short description of his deconversion is also worth your time.

(Via Pharyngula; cross-posted to the Secular Outpost.)

Kiyosaki team splits up

The Arizona Republic reports that Sharon Lechter, co-author of Rich Dad, Poor Dad, and participant in the Rich Dad Co. joint venture with Robert Kiyosaki, is calling it quits and has filed a lawsuit in which she alleges "that her ex-business partner and his wife are enriching themselves, diverting assets and wasting money in a business that she claims to have helped build from scratch."

Lechter, a CPA in Paradise Valley, claims that she "refined and created" the original book, while Kiyosaki is merely the public face of the book. If so, that makes the book even more bogus than it already appears to be--it's already apparent that the "rich dad" of the title is a fictional character and that the book is filled with bad advice. Lechter needs to be careful how much credit she claims if she wants to have any credibility for financial acumen--but I suspect she will care more about the cash.

The Kiyosakis respond that Lechter was the editor rather than the author of the book and that she is exaggerating her contributions.

The Republic article includes some of the allegations from the Lechter suit, as well as some quotes from Kiyosaki critic John T. Reed. The most interesting point I saw was that the Kiyosakis have earned about $9 million from their Rich Dad entities, which is a lot less than I would have expected, at least if seminar income is included in that amount.

A good start

Reuters reports:

During a fund-raiser in Denver, Obama -- a former constitutional law professor at the University of Chicago Law School -- was asked what he hoped to accomplish during his first 100 days in office.

"I would call my attorney general in and review every single executive order issued by George Bush and overturn those laws or executive decisions that I feel violate the constitution," said Obama.

That would be fantastic. Would would be even better would be if he would continue on with all standing executive orders from any president, after cleaning up the messes from the most recent one. It would be nice to see the federal government actually staying within constitutional limits of its power, but I won't be holding my breath.

(Via Dispatches from the Culture Wars.)

CIA operatives on trial in Italy

26 Americans, mostly CIA operatives, are currently on trial in absentia in Italy for the kidnapping and "extraordinary rendition" of a radical Muslim cleric, Abu Omar, who was taken to Egypt to be tortured. On Thursday, Italy's top counterterrorism official, Bruno Megale, explained in court how they identified the CIA operatives responsible for Omar's kidnapping:

Megale obtained records of all cellphone traffic from the transmission tower nearest the spot where Abu Omar was abducted, for a 2 1/2 -hour period around the time he disappeared. There were 2,000 calls.

Then, using a computer program, Megale was able to narrow down the pool by tracing the phones that had called each other, in other words, an indication of a group of people working together. Seventeen phone numbers, which showed intensifying use around the time of the abduction, were pinpointed. By following all other calls made from those phones, the investigators ultimately identified 60 numbers, including that of a CIA officer working undercover at the U.S. Embassy in Rome.

In his testimony, Megale revealed that one telephone number he recognized was that of Robert Seldon Lady, then-CIA station chief in Milan. Lady and Megale had worked together in counter-terrorism investigations. It was a number, Megale said somberly, that he and his team knew.

(Via Talking Points Memo.)

Major League Baseball misuse of IP law

I saw on The Colbert Report that Major League Baseball is telling Little League teams that they can't use the names of MLB teams unless they purchase their uniforms from MLB-authorized licensees. Nonsense--a Little League team called the A's or the Twins or the Mariners is in no danger of confusion with the MLB team, so there's no infringement.

Techdirt reports on this issue, and also that MLB is also still trying to claim ownership over game statistics, even though facts cannot be copyrighted.

Little League teams should tell MLB to take a hike.

UPDATE (June 2, 2008): The Supreme Court denied cert on MLB's lawsuit against C.B.C. Distribution and Marketing for its use of the names of MLB players and statistics for fantasy baseball, without a license from MLB. The court of appeals in St. Louis had already ruled that C.B.C. has a free speech right to use player names and statistics, which have previously been regarded as facts not subject to copyright. Some have worried that this ruling will endanger licensing arrangements regarding the use of celebrity names, but cases that involve an endorsement of a product seem to me to be clearly distinguishable from this case.

Drug war led to Chicago PD corruption

Former Chicago police officer and FBI informant Keith Herrera told "60 Minutes" that pressure to get results in the war on drugs led to police officers lying about the facts in order to get arrests, and ultimately to a corrupt ring of officers engaging in thefts from drug dealers and a plot to kill two of fellow officers who weren't with the program and were prepared to testify against them. Herrera is one of seven officers in the Special Operations Section who have been charged with robbery, kidnapping, and other crimes.

(As reported by Reuters on Yahoo.)

MediaDefender launches denial of service attack against Revision3

Anti-piracy company MediaDefender, which defends its clients' intellectual property by disrupting the content on peer-to-peer networks, launched a denial of service attack (SYN flood) against Revision3 over Memorial Day weekend. The attack was launched after Revision3 discovered that their servers were being used by MediaDefender to post spoofed BitTorrent index files and Revision3 shut off their access.

Revision3, a legitimate company that distributes HD video over the Internet using BitTorrent, was not amused, and the FBI is investigating.

Any legitimate Internet provider should refuse to provide services to companies that engage in illegal or immoral tactics to try to stop peer-to-peer piracy of copyrighted content, such as denial of service attacks or interference with services that are being used legitimately, even if they are also being used for piracy. If they don't have methods which can be targeted specifically against the copyrighted content they are authorized to protect, then their methods cross the line, in my opinion.

MediaDefender's upstream network providers are Savvis (ASN 3561), Beyond the Network (ASN 3491), WV Fiber (ASN 19151), and SingTel (ASN 7473). They all should have a problem with denial of service attacks by their customer.

MediaDefender was previously in the news in September 2007 when its security was breached by hackers and 700 MB of executive emails and the content of VoIP telephone calls from the company were leaked to the Internet. This seems to me like a company that should not be in business.