NIGHTSOIL

2005-12-20T20:49:00.000-08:00

I thought this was my favorite Christmas news story, but now I think it might be this.

Wave Power

2005-12-19T20:39:00.000-08:00

So, when I was at that breakfast last week (or I guess the week before at this point) I met a guy who works for the Oreogn Department of Energy. He was on his way to a conference to hear about a plan to install a wave energy facility on the Oregon coast.

At the time, I didn't really know about wave energy, but apparently there's a facility off the coast of Scotland that would be the model for the Oregon one.

Greenpeace has a good illustration of how it works. Basically, you have a big tube with air at the top and the ocean at the bottom. As the waves roll in, they compress the air in the tube, which causes a turbine to turn, and voila, electricity. Here's another illustration.

According to the MSN article, the main obstacle is funding. Rep. Peter Defazio may be on board, though, with an "if Scotland can do it, so can we" attitude.

Pretty cool, no?

The Natural Step

2005-12-08T20:00:00.000-08:00

One thing about working at a law firm is that you end up attending a lot of breakfast, lunch, and dinner meetings for various community, business, legal and charity organizations. A couple of days ago, I was asked to attend a meeting of the Oregon Natural Step Network when a partner at my firm who is a member of our Green Committee was unable to attend.

Now, those of you who know me, know that I care about the environment--I recycle, compost, and ride my bike to work--but I wasn't one of those militant environmentalists that are so prevalent at my law school. So, although I was familiar with the concept of sustainability, I wasn't familiar with the Natural Step, which originated the sustainability movement.

Today's meeting featured speakers from OMSI and Coastwide Laboratories who talked about their organization's efforts to make their businesses sustainable. It was really cool to hear about people in positions of power at their businesses talking about the importance of taking a systems approach to sustainability.

Besides the fact that 1) the breakfast was at 7:30 am on a morning following book club, 2) there was a severe lack of coffee at the table, and 3) because it was a sustainability organization, there was no bacon, I actually enjoyed going to this thing. And, as a result of my interest, I find myself the newest member of my firm's Green Committee.

Brilliant

2005-12-08T19:57:00.000-08:00

All I wanted for Christmas was a DVD of A Christmas Story. But even if I don't get that, this is even better!

Far Out

2005-12-03T11:49:00.000-08:00

So, my perennial absence may be a clue to you all just what it's like to be a first year associate at a business law firm. Not that I'm complaining, I've enjoyed my first three months at work as much as can be expected, but it's no joke--I'm putting in long hours and I rarely look at the Internet anymore.

Today was the first time I've visited JKF, Stay Free! or BoingBoing since I started work at the end of September. I have no concept of what's happening out there in the world, so not much to say.

I will say that on Thursday I attended an excellent CLE (continuing legal education) put on by the Oregon State Bar's Intellectual Property Section (and hosted by LC Prof. Lydia Loren). The speaker was Fred von Lohmann from the EFF. He talked about MGM v. Grokster (which I've mentioned on this blog previously). Specifically the difficulties in counseling technology clients about their potential liability for contributory infringement, vicarious infringement, and now inducement to infringe in a post-Grokster world. Basically, this new Supreme court ruling will have chilling effects on innovation simply because of what the Court didn't say, and with legal uncertainty, comes the ability of the content industry to bully technology companies with the high cost of legal fees, even without actually going to trial.

So that was a highlight. I really like Fred, and the work the EFF does. (If you're a blogger, you might consider donating some $$ to the EFF for their work on bloggers rights).

That is the one sad thing about the last couple of months--although I am very much enjoying learning about real estate transactions, and working with the folks in my group, I can't help but be a little sad about not having time or energy to keep up with the IP stuff. I guess I'll just have to make time.

2005-10-02T11:34:00.000-07:00

Doune castle--don't forget your coconut.

2005-10-02T11:32:00.000-07:00

The harvest in Burgundy started Sept. 14.

2005-10-02T11:30:00.000-07:00

St. Vincent de Sargossa (the patron saint of vintners) watches over Corton Charlemagne.

2005-10-02T11:29:00.000-07:00

The view from our picnic outside the Village of Pernard. We had no cups, so were slugging our Aloxe-Corton from the bottle.

2005-10-02T11:27:00.000-07:00

Et moi, je pense aussi!

2005-10-02T11:25:00.000-07:00

It sparkles at night.

2005-10-02T11:23:00.000-07:00

As seen from the top of the Arc de Triumphe

2005-10-02T11:21:00.000-07:00

As seen from the Eiffel Tower

2005-10-02T11:20:00.000-07:00

Whoa, that's really tall!

2005-10-02T11:18:00.000-07:00

As seen from the bell tower of Notre Dame

2005-10-02T11:15:00.000-07:00

Check out Henry VIII's codpiece!

2005-10-02T11:12:00.000-07:00

Obligatory Beefeater photo--here guarding the Crown Jewels at the Tower of London

2005-10-02T11:10:00.001-07:00

Louis XVI and Marie Antoinette were beheaded here.

2005-10-02T11:10:00.000-07:00

Ste. Chapelle

2005-10-02T11:08:00.000-07:00

Je pense, donc je suis.

2005-10-02T11:06:00.000-07:00

Who thinks Michelangelo was gay?

2005-10-02T11:04:00.000-07:00

I got yelled at for this one (don't worry, I didn't use a flash).

2005-10-02T11:03:00.000-07:00

mmmmm...Venus de Milo's ass

2005-10-02T11:01:00.000-07:00

mmmmm....Venus de Milo

2005-10-02T10:59:00.000-07:00

Mt. Saint Michel

Lyon

2005-10-02T10:45:00.000-07:00

From London we caught the Eurostar through the Chunnel to Paris. In Paris we had to book a train to Lyon 2 hrs. later. This made me nervous because it was my first attempt at French, but it turned out the ticket agent knew more than enough English.

We got to Lyon and it was absolutely gorgeous! However, we were disappointed to find out that Rick Steves was incorrect in stating there were bus tours to Beaujolais out of Lyon. This was upsetting because it was one of the reasons we decided to stay 2 nights.

However, we busied ourselves with a trip to the Resistance Museum where I learned a whole hell of a lot about the French Resistance during WWII. It was based in Lyon both because of its central location and because Lyon has so many winding streets and hidden passageways, it was easier to elude Nazis and hide printing presses.

After the museum, we went to explore some of the passageways in Vieux Lyon--leading to beautiful courtyards. It was really cool.

Then up the hill to the Roman Theatres and the Basilique de Notre Dame de Lyon. This church was spectacular! Inside were elaborate mosaics, beautiful statues, and glass all devoted to Mary. It was beautiful.

Lyon is also known for its food. I was a little scared at first because my French is bad and virtually no one in Lyon spoke English. But we got by just fine. The restaurants were great, and in the mornings there's an outdoor market where we bought a picnic including some of the best grapes I've ever had.

London (as told from my trip journal)

2005-10-02T10:35:00.000-07:00

Besides the Alabama 3 concert, the Royal Library, and the Dali museum, we were also lucky enough to catch a Frida Kahlo exhibit at the Tate Modern. Truly a treat to finally see her paintings up close.

Also saw the exhibit at the Royal Gallery--used Rick Steve's Tour because we only had about 2hrs. BUt that was perfect. Started in Medieval times and ended with the impressionists. Highlights were the 2 Vermeers (standing and sitting at virginals)--I never realized they were a pair representing virgin/whore archetypes. And two van Gogh's--Sunflowers and his Chair. I never knew before that Impressionism could be viewed as a response to the invention of the camera.

We also went to a production of the Tempest at the Globe. It was disappointing for V. but I enjoyed it. It was difficult because they decided to cast just 3 actors for all 11 parts, plus 3 actresses for Iris, Ceres, and Juno. My guess is that this was an attempt to highlight the point of view that Prospero had just lost his marbles, and he was spending way too much time inside his own head, so to speak. It almost worked, but I think the starkness--no props or costume changes--aked just a little too much of the audience's imagination. I had trouble following, and I've read the play at least twice and seen at least 2 other productions.

I have returned

2005-09-25T09:01:00.000-07:00

I'm back. Got in late last night, and after a good night's rest, I'm pretty sure I can convince myself that it is now 9am, not 6pm.

I meant to post more during the trip, but the wireless revolution has apparently done quite a number on internet cafes.

Watch for highlights I've transferred from my trip journal.

Today I've got to go shopping for some work clothes. My new job starts Tuesday.

I've got 3 eyes--gonna pluck one out for jesus....

2005-09-11T11:35:00.000-07:00

Greetings from Trafalgar Square!

My trip is the coolest ever. Edinburgh is a fabulous city--so fabulous there was no time for blogging. I had a great time hanging out with my friends, exploring the Castle, Mary King's Close, the Museum of Scotland, and of course the Royal Surgeon's Hall Museum. After all, Scotland is the birthplace of modern surgery, and we saw some hella crazy specimens from Charles Bell's Pathology specimens. Too gruesome to detail right now--but there were plenty of 19th century body parts to be seen floating in jars.

My favorite thing was Friday's trip to the Highlands. We went to Doune Castle, which in addition to being the coolest castle ever, also happens to have been featured with a certain coconut accompanied King in Monty Python's the Holy Grail. Fabulous.

We got into London last night, and after a bit of laundry, went on a grand adventure to Lewisham. The TI attendant was quite concerned that we wanted to go there--he called it a "tasty" neighborhood. But, really it was just a lot like how Old Town used to be. Anyway, my Edinburgh friend's sister got us tickets to a secret show of Alabama 3 (called A3 in the U.S.). If you've ever watched the Sopranos, you've heard at least one of their songs. Anyway it was possibly the coolest show I've seen this year, and I'm sure it was the coolest thing going on in London last night.

Today we went to the British Library--got to see the original manuscript of Alice in Wonderland (another personal highlight). Then on to Dali Universe. Now some Indian food, and it'll be the end of a perfect day.

Shrinkwrap Licensing Applies to Patented Products

2005-09-04T11:36:00.000-07:00

If you've ever bought computer software in a store, you've encountered the Shrinkwrap License. These were widely used prior to the popularization of downloading and the pervasive use of "Clickwrap" licenses. They're basically a marriage of contract law and copyright law. Most likely you understood, that by opening the product package, you were agreeing to the terms of the software manufacturer--usually that you were agreeing not to make multiple copies of the software.

The computer printer company, Lexmark, has recently tried to use the DMCA to prevent competitors from refilling toner cartridges for its laser printers. In Lexmark Int'l, Inc. v. Static Control Components, Inc., the 6th Circuit wisely held that Lexmark could not rely on the DMCA, or even copyright law to protect toner cartridges. The court held that the program controlling the toner was not an original work of authorship, and thus not entitled to copyright protection. Moreover, the authentication sequence that Lexmark tried to argue was the technological measure controlling access to a copyrighted work, was not covered by the DMCA because:

The authentication sequence, it is true, may well block one form of "access"—the "ability to . . . make use of" the Printer Engine Program by preventing the printer from functioning. But it does not block another relevant form of "access"—the "ability to [ ] obtain" a copy of the work or to "make use of" the literal elements of the program (its code). Because the statute refers to "control[ling] access to a work protected under this title," it does not naturally apply when the "work protected under this title" is otherwise accessible. Just as one would not say that a lock on the back door of a house "controls access" to a house whose front door does not contain a lock and just as one would not say that a lock on any door of a house "controls access" to the house after its purchaser receives the key to the lock, it does not make sense to say that this provision of the DMCA applies to otherwise-readily-accessible copyrighted works. Add to this the fact that the DMCA not only requires the technological measure to "control[] access" but also requires the measure to control that access "effectively," 17 U.S.C. § 1201(a)(2), and it seems clear that this provision does not naturally extend to a technological measure that restricts one form of access but leaves another route wide open.

Thank goodness. Think about it--was copyright law designed to protect toner cartridges? Get real.

Well, now Lexmark has exacted its revenge on those who would seek a cheaper alternative to their ink jet printer cartridges. This week, in ACRA, Inc. v. Lexmark Int'l, Inc., the 9th Circuit has held that shrinkwrap licenses are enforceable to protect patented goods. That is, by unwrapping your printer cartridge marked "Single Use Only" creates an enforceable contract in which you are agreeing not to refill it with someone else's ink. If you do, you are a patent infringer. What's more, because patent law recognizes an inducement theory of infringement (copyright law does too now, but that's a different story), Lexmark can now sue cartridge remanufacturers too.

As the EFF's Fred von Lohmann notes:

The consequences for consumers, innovators, and competition are potentially dire. Will patent owners exploit this decision as an opportunity to impose over-reaching restrictions on formerly permitted post-sale uses, repairs, modifications, and resale? Will consumers soon confront "single use only, not for resale" notices on more and more products? Will innovators stumble over labels announcing "modifications prohibited"? Only time will tell.

Donation Suggestion

2005-09-04T11:21:00.000-07:00

BTW, if you haven't donated for Katrina relief yet, I recommend MercyCorps (they're based in Portland and they're good--according to their website, 92% of your donation funds programs, the other 8% is adminstrative) or, of course, the Red Cross.

Katrina Spin Begins

2005-09-04T10:20:00.000-07:00

Today, my last day in the States for the next three weeks, I am feeling extremely guilty for skipping town at a time like this.

Yesterday, an ex-pat friend of mine who lives in Scotland asked me why the hell people were not out protesting in the streets about the Katrina disaster and botched relief efforts. I couldn't give him an answer.

Here in Portland, so-called Democrats are arguing about whether now is the proper time to be placing blame (here and here).

Predictably, the media has started censoring the most scathing criticisms. See Kanye West's outburst that was censored from the West Coast broadcast of the Concert for Hurricane Relief.

Meanwhile giving W. and his machine time to regroup for spin.

We all know the outcome if we don't do something right now--they'll put all the blame on the head of FEMA, he'll resign and that will be that.

We know better--we know that the government knew exactly what would happen in this scenario--there was a National Geographic article on it for God's sake. We also know that the money to fix the levees had been allocated and then diverted away to pay for this Iraq war.

My friend also asked why the hell W. wasn't resigning right now. We know the answer to that. Let's not let them bury this.

Eyes on the Prize Update

2005-09-02T14:33:00.000-07:00

During my first week of blogging, I posted about Downhill Battle's efforts to encourage downloading and viewing of Eyes on the Prize--as a protest against their inability to clear copyrights for television rebroadcast and DVD distribution.

Later, I noted that Downhill Battle had caved under pressure from the film's copyright owners, and was no longer allowing downloads.

Apparently, the Ford Foundation and a private donor have donated enough money to clear all the rights. But, as Stay Free! points out, this doesn't really solve the very real problem facing scores of other documentarians.

Nothing out there

2005-09-02T13:58:00.000-07:00

The internet is boring. I tried to find some interesting stuff out there about the comandeering of culture, or other cyberlaw stupidity, but it's all too depressing for me to write about. Here's a sample:

When FBI supervisors in Miami met with new interim U.S. Attorney Alex Acosta last month, they wondered what the top enforcement priority for Acosta and Attorney General Alberto Gonzales would be. Would it be terrorism? Organized crime? Narcotics trafficking? Immigration? Or maybe public corruption?

The agents were stunned to learn that a top prosecutorial priority of Acosta and the Department of Justice was none of the above. Instead, Acosta told them, it's obscenity. Not pornography involving children, but pornographic material featuring consenting adults.

Fucking America. Read the rest here.

Then there's the devastation in the gulf. Don't even know where to begin with the despair I feel just thinking about it.

So, I sit.

I'm supposed to be packing for my trip to Europe. I'll be leaving on Monday. I'll try to blog from the road when possible. Hopefully something interesting will happen out there, cuz from here shit sucks.

Party Computer, take me away to another land...

2005-08-24T17:34:00.000-07:00

I hate computers. I was looking at jkf's blog and she has all sorts of cool ass features--because she has skills I tell you. I got no skills because I got no patience because I fucking hate computers.

When I was a scientist, folks used to leave the room when I was crunching data on the computer--they couldn't take my litany of profanities. True, I have a much cleaner mouth than I did back then, and a much better temper. But, to this day, the only time I seem to truly lose it is when I'm dealing with this machine. It is the bain of my existence.

I did my best to care--after all I am dating a former Intel programmer. I even took Cyberlaw in law school (and enjoyed it). But this foul box sucks away my soul. I hate it--hate it!! But I can't stay away--I love it for all the information it gives me. I am addicted to the internets. What is a girl to do?

That is why I can't bring myself to learn HTML and add cool shit to this site. It's just too painful.

Comment Spam

2005-08-24T09:10:00.000-07:00

Kids,

I've been receiving quite a bit of comment spam and it is becoming a hassle to delete. So, I've turned the word verification feature on. That means before your comment is published you've got to type in the little word graphic you see (you'll understand when you see it). Sorry for the inconvenience, but it will help weed out the automatons.

Bye Bye Blue!

2005-08-23T15:57:00.000-07:00

I am now officially done with painting my house blue. All that are left are the south side soffitts and windows which will be painted white. Thank God.

The rest of the afternoon will be spent drinking and watching TV.

Bob Moog R.I.P.

2005-08-22T12:31:00.000-07:00

Sometimes it's easy to recklessly throw around names of folks who revolutionized music. In the case of Bob Moog, it's no exaggeration. Electronic music couldn't exist as it is today had he not invented his Moog Synthesizer in 1964. Nor would any of our most beloved songs sound the way they do without him. Think of giants like the Beatles or Stevie Wonder, or even more obscure records like Martin Denny's Exotic Moog. Even today's musicians often prefer the otherworldly sounds you can only produce on a Moog. The article above names Beck and Sonic Youth as recent customers of the R.A. Moog Co.

When I was a kid, I tried saving up my money to buy a Moog, but the price was always out of reach. But as an adult, I can think of countless nights playing music in Crapartist's basement--the best part being Stan Tern's unforgettable solos on the mini-Moog.

Robert Moog died Sunday in Asheville, N.C. at the age of 71.

a hole in my house

2005-08-21T15:20:00.000-07:00

Because one large home project wasn't enough, Mr. Pretzel and I are in the process of replacing my two bedroom windows. (Actually both the painting and the windows are an effort to prevent my house from falling apart this winter--i.e., they are mandatory projects).

Two weeks ago he and I removed the exterior trim from one window, took measurements, and ordered two windows from Home Despot. They finally arrived, so today we removed the interior trim (which is actually a rather beautiful bit of carpentry that I hope we can reconstruct), and pushed the fucker out.

Actually, this was quite an enjoyable feat because it meant I got to buy a sawzall today. For those of you who don't know, a sawzall is one of the world's most wonderful tools--it literally saws all. Wood, plaster, metal--all of it. One stroke of the sawzall along the bottom and the window slid easily into my waiting hands outside. All that was left was a marvelously large hole in the wall.

Thanks to Mr. Pretzel's carpentry skills, he built the rough opening out so that the windows fit snugly next to the plaster and lath. The only trick is that we had the wrong staples for his hammer stapler, so we had to use my free Westlaw stapler (with the blue staples) to attach the tar paper. Alas, the poor thing didn't survive the day.

The best part (besides the sawzall) is that Stephen measured that shit so well, we didn't even need shims to level the new window--it was already perfect. Sweet.

Now I just need to get a few pieces of trim to accommodate the fact that this window is much slimmer than my old double hung. It'll be quite nice--energy efficient, UV blocking, opens all the way, doesn't need to be propped, and has a screen.

Can't wait to do the 2nd one.

Thanks Pretzel!

back from beantown

2005-08-18T18:30:00.000-07:00

kids,

once again i find myself apologizing for a long absence. i was in boston and rhode island for jedi jade's wedding, and did not have access to the internets while i was there.

the wedding was lovely--the groom was alternately beaming and weeping for joy during the short but very sweet ceremony. and the shindig was like nothing i had ever seen. being a west coast girl through and through, i was thoroughly unprepared for this very east coast wedding. but, let me just say, although i was a little shocked by lemon yellow linen pants, green sport coats, orange bow ties, and ascots, the food was absolutely fabulous, the drink was plentiful, there were lots of folks on the dance floor, and i had a really, really fun time.

i returned on monday, only to find that my girlfriend had thrown her back out and was unable to sit, and was having trouble walking too. so, we spent the last few days doing not a whole heck of a lot. fortunately for me, champagne and grapefruit juice seemed to help until she could get something stronger. i put her on a plane today to go visit her mom.

that means jkf and i can now finish the smurfing of my house. i swear to god this is a never ending project. i thought painting would be different from my normal life inasmuch as you can track your progress. but, alas: this is the house that never ends/it just goes on and on, my friends/somebody started painting it, not knowing what it was/now they're painting it forever just because... .

Shout out

2005-08-06T07:28:00.000-07:00

I'll be at the coast for a few days, so I wanted to thank all the folks who helped me with my little project this week. Of course jkf, aka Doctor Smurf, for pulling the weight this week. Also to meg-leg for scraping and sanding her little heart out, and then making us go swimming afterwards. (She totally got Tom Sawyered into the house painting thing!). Watching the Bay Watch-esque rescue of Baxter when he wrestled free of his leash on Sauvie Island was inspiring. And to Double O for her help on both Monday and Wednesday--although Monday we mostly spent drinking vodka--but that was an important part of the process too. Wednesday was all business, though.

Then there's Mr. Pretzel for bringing beer on the hottest day of the year. And Stan Tern for bringing ciccarones and iced tea on the second hottest day.

Thanks a million kids.

A harrowing day

2005-08-05T23:28:00.000-07:00

Question: can two young women scrape, sand, prime, and paint a 1923 bungalow in 5 days?

Answer: yes! If we actually had 5 days. But since this is the end of day 4, we are not yet done. Tomorrow I leave for the coast, and then to Boston/Rhode Island for jedi jade aka Bambi Smurf's wedding. That means a mad dash au demain to finish as much as possible before it is time to go.

Today was pretty intense. I had to go rent a 28ft extension ladder so jkf could do the tippy tops (I'm too chickenshit to go that high). But, just transporting the thing in my little truck was enough excitement for me.

We managed to finish scraping, sanding, and priming the south side, as well as painting the top today. This was no easy feat considering it was 90F today. Sweltering.

Additionally, much painting was done on the front.

The best part was jkf painting in the dark in an effort to finish the top of the north side so I can take the ladder back at 7am tomorrow. It was comical because it really was impossible to see anything (I had cut the electricity to ward off inadvertant electrocution), and we were both a little punchy at that point, but I'm sure it will be beautiful in the sunlight.

Not bad for a 12 hour day.

Did I mention that jkf is the nicest, bestest, most wonderful friend in the world? I think I need to say that at least 20 times a day.

Smurf Surprise

2005-08-04T07:27:00.000-07:00

Ah, painting on the hottest day of the year. Gotta love it. Lookin' good, tho'.

When I went to the paint store I thought the paint I was getting was a light blue--kinda grey like the one I had before. Instead it is a lovely Smurf Blue. Coupled with the white trim, you're not going to miss it when you drive up the street anymore. Smurfin!

I'm up early today to get a head start on the South side of the house before it gets too hot. Forecasted 98F today. No beer until 5pm.

BTW, my Smurf Name is Golden Flash Smurf!

Home Improvements

2005-07-31T15:36:00.000-07:00

I bought my 1923 bungalow 2 weeks after law school began. I did it knowing I would be living in Portland for at least 3 years at that point, interests rates were low (but not as low as student loan rates!!!), and property values were rising. So far, it's been one of the smartest things I've done.

But, when I did it I knew I would have absolutely no money to make improvements, or any repairs. So, I just held my breath hoping nothing essential would break down in the interim.

Well, I have emerged relatively intact, but that's mostly because I have an incredible ability to ignore the entropy around me.

My water heater is on the fritz (and has been for 2 years now), the house is in dire need of painting, and one of my bed room windows is about to fall off the side of the house. (To my credit, I managed to fend off a carpenter ant attack, and a flooding basement during school.)

Two of these home maintenance projects will hopefully be fixed by the end of the month. My dad gave me money for new windows for graduation. Today, Herr Pretzel came over and removed the trim around the window so we could measure and order replacements. There's about 50 years worth of cob webs in there! But, the new windows should arrive within the next two weeks, and installation shouldn't be too bad. The only surprise is that the lath and plaster on the interior extends past the stud all the way to the window. The new windows won't need such a large gap because I won't need room for the gigantic weights on old double hung windows. But, instead of cutting through it all with a sawzall, Pretzel suggested we just fill the gap by installing a 2x4. I'm putting my blind faith in him that it's a good idea. Lucky for me, he is an experienced carpenter.

Meanwhile, jkf and I will be painting the exterior this week. We washed the house on Thurs, and bought the goodies we need to start tomorrow morning. I picked up the paint at MetroPaint. It was dirt cheap, because it's recycled. Hopefully it will do the job and I won't have to paint again any time soon. They recommend it for exteriors, and they had plenty of pictures of structures that have their paint, so it should be ok. I think the new Rebuilding Center was painted with it too. I've managed to live 33 years without painting anything, so tomorrow holds another adventure. Lucky for me, jkf was a professional house painter before she went to law school.

Now all I have to do is find out which one of my friends used to fix water heaters for a living.

Consummatum Est

2005-07-28T09:06:00.000-07:00

Thank God! Relatively unscathed--let vacation begin!

More fucked up invasion of privacy

2005-07-25T08:53:00.000-07:00

Your printer is spying on you.

A house down the street is on fire.

2005-07-24T17:11:00.000-07:00

There are 5 fire trucks and 3 police cars = many sirens. (Luckily no ambulances). I think this may be a good excuse to call it quits.

Update: the TV news reported that the fire was started by a stove. $40,000 in damages. No one was hurt. But, a deputy chief fireman's truck was struck by a car on the way to the fire. Two of the three car occupants were slightly injured. That's why there were so many sirens I guess.

The last refuge of a scoundrel

2005-07-24T15:03:00.000-07:00

Blog-a-thon tag:
EFF15

In the early nineties, my friend, Eddie Vanzetti, opined to me that the revolutionary power of the internet lay in its potential for widespread dissemination of subversive ideas. Although I never forgot that conversation, it took me over ten years to take it to heart. Thus: the blog. And although this post may be more masturbatory than subversive, I am on the threshold of change, and so some reflection is in order.

The bar exam is in just two days, and I am on the verge of panic. I have studied hard, and if I do not pass after all this, it is hard to imagine doing this again in February. At times like these, I like take the advice given to us by the minority student recruiter at school just before classes started 1st year. She told us that in all the chaos that is law school, it is sometimes useful to go back and read the essay you wrote on your application, lest you forget why you went to law school in the first place. I am also reminded of my first year Criminal Procedure professor's advice just before finals: never forget that we were all there for one reason—justice.

I can't go back and read the essay I wrote in late 2001 because of the great hard drive meltdown of 2004. But, I do remember what was on my mind at the time.

First, I am a failed scientist. I received a BS in Biochemistry in 1994 and spent 8 years as a molecular biology research associate in both academic and biotechnology settings. My claim to fame is a cocaine addicted yeast strain I engineered to study cocaine addiction. But, I was frustrated by the fact that there was very little room for upward mobility in my field—there are no academic jobs to speak of, and biotech would most likely force me to live in places I cannot abide. Lucky for me I was laid off in 2000 along with the rest of the tech boom orphans, and was forced to think seriously about my future.

About the same time, the Oregon legislature was in the process of gutting our pioneering genetic privacy legislation in order to make it more palatable to corporate interests. I remember hearing a story on public radio about how legislators were confused about what the law actually meant. Meanwhile, none of my colleagues seemed to care what was happening. It was this that started me thinking about the pervasive myopia of many scientists who care only about their own little research projects without regard to the responsibilities that those of us who are scientifically literate have to the rest of our communities.

Second, I am also a failed musician. Music has always been the one thing in life to make me happy (besides skiing, but that doesn't fit into this post). As a child I played the saxophone and piano, and as adult I have had incredible amounts of fun playing the drums. There is little I would rather do than hang out in the basement drinking beer and writing songs with my friends. But, I've never had the talent or the discipline to pursue music on a serious level. Nonetheless, I consider myself lucky to have surrounded myself with amazingly talented people.

The thing is, I believe it is a tragedy that in our culture music has become something to be bought instead of something to be made. There is no reason why "three chords and the truth" has to be a commodity marketed by large corporations rather than a shared experience amongst us all. It's not that I believe the many talented artists of the world do not deserve our admiration and support (both monetary and otherwise). It's just a shame that so much of our culture is dictated by Megacorps that exist for solely economic purposes.

Given this background, it is no wonder I found a natural affinity to Intellectual Property in law school. In fact I was surrounded by many science and music geeks just like me (except they were mostly men—what's up with that?). It was there that I learned about the Copyfighters and other revolutionary ideas for making intellectual property law more balanced between public and private interests. And I realized that a failed scientist and musician just might make a good IP attorney. It is my hope that with my education I can somehow effect change that will help preserve what is beautiful and true by ensuring more artists and scientists can communicate new expression and ideas in a way that is beneficial to us all.

So, here I am. I've been studying this stupid bar crap since May 16th. It is the most boring, soul sucking ordeal through which I have ever been. And it has been very, very difficult to remember why I am doing this in the first place.

And while Samuel Johnson may have said that "patriotism is the last refuge of a scoundrel," Lisa Simpson said it was prayer (Season 2, "Bart Gets and F"). So…

This Tuesday and Wednesday I will be sitting in a hotel ballroom racking my brain to remember all the crap I have filled it with these past months. It is my hope that all my law school friends and I will have the grace, strength, and patience to see this through to the fullest of our abilities. That way I (and my friends) can get back to the important task with which we've been charged.

Amen.

Process Subverted

2005-07-23T08:41:00.000-07:00

Gay Right's Watch aptly points out that that Karen Minnis' base are the very same people who complained about the lack of process when Multnomah County started issuing marriage licenses to gay couples. Bryan Harding has even dug up a couple of quotes from Minnis herself:

"Process subverted. They didn't hold any public hearings. They didn't give any advanced warning. Their actions were arrogant and wrong. The Multnomah County Commission purposefully subverted the public process." - Speaker of the House Karen Minnis (Voter's Pamphlet, P 82)

"House Speaker Karen Minnis was the first state official to respond. She blasted the Multnomah County commission: ‘I think they circumvented due process. They made a decision and went forward with it without any public hearings, without any review by the state legislature who sets state policy and without consulting the citizens of Oregon. Minnis said she expected the Oregon legislature to address the issue in its next session."OPB 3/3/04

Yet, this is exactly what she did when she gutted and stuffed SB1000. How does this woman sleep at night?

TSA Broke Privacy Laws

2005-07-22T16:03:00.000-07:00

Ummm. Ok, this is really fucked up.

Kid=Brat?

2005-07-22T12:36:00.000-07:00

There's a post on Stay Free! about a Guardian article reporting McDonald's efforts to block an Australian rugby enthusiast from registering his nickname as a Trademark for clothing promoting the rugby team he sponsors. The guy's name is Malcom McBratney. His nickname is McBrat which McDonald's claims is confusingly similar to its mark, McKids (which it has only used for toys, never clothing).

The twist is that in addition to being a rugby enthusiast, McBratney is also a trademark attorney. He isn't budging and is arguing that McDonald's has abandoned the McKids mark.

This should be interesting. The very first case I read in trademark class was Quality Inns Int'l v. McDonald's Corp., 695 F. Supp. 198 (D. Md. 1988). In that case, McDonald's went after Quality Inns for a low budget hotel concept called "McSleep Inns." That court held that the prefix "Mc" plus a generic term is a very strong coined mark, and therefore entitled to wide protection. Third party uses of Mc*generic* were not indicative of McDonald's abandonment, but merely probative of the strength of the mark. Since we all know just how strong consumer recognition of McDonald's is (the survey in the case found 100% recognition in consumers it polled), Quality Inns didn't have a chance.

However, I think an important factor in that case was the considerable evidence of bad faith on the part of Quality Inns--that they specifically chose that name for its potential association with McDonalds.

In that respect, I can only hope that the Australian trademark office sees things differently, and that it gives consumers some credit for being able to differentiate between McBrat for rugby clothing and McKids for toys.

Hell in a handbasket

2005-07-21T16:12:00.000-07:00

Gayrightswatch reports that Karen Minnis in a surprise move, gutted SB1000 and it was subsequently moved out of the State and Federal Affairs committee 30 minutes before lunch, and weekend adjournment--apparently she thought we wouldn't notice.

Meanwhile the Columbia County Republicans have adopted a racist resolution blaming Mexicans for methamphetamine abuse. Via Blue Oregon:

Bob Tosh of Columbia GOP says:

“We see more and more crime articles in the paper with Gomez, Martinez, Ramirez, and whatever Hispanic name you might see.”
***
“All of us who are Caucasian Americans are descendents of ...immigrants,” he said. “But with legal aliens, you know who's here and that they're not some criminal that came from Mexico, escaped from jail there and came over here and is raping 5-year-old babies.”

Finally, The One True B!x reports that Portland's bid to purchase PGE has failed. (I don't care what Bojack thinks--I think it was a good idea). Now what?

Karen Minnis isn't budging

2005-07-21T08:07:00.000-07:00

I just heard on OPB radio that House Speaker Karen Minnis has told the AP she will not bring the Civil Unions bill to a vote. This despite a successful rally last night at the Capitol. She says Oregonians already decided the issue when they passed Measure 36.

I tried to find the AP story on the Internets, but can't locate it right now.

Almost There (stay on target, stay on target)

2005-07-19T10:17:00.000-07:00

In just one week I will be sitting in a hotel ballroom taking the Bar Exam. I am getting impatient, mostly because I just do not have the attention span needed to do this anymore. It's the same reason I prefer quarters to semesters, I just lose interest after awhile and need to do something different.

I have had the exact same schedule now for weeks. Wake up 7am, eat breakfast, check email, study. 9am, go on bike ride or run. 10:30am hit the books. Noon take a shower and eat lunch. 1pm to 6pm study. 6pm eat and watch Simpsons. 8-11pm study. Go to bed.

This is a totally manageable schedule, it would even be sustainable, if I could just have a couple of days off. But right now it is so boring my head might burst.

Yesterday was the 1st time I'd driven my car in over a week. It was covered in cobwebs.

I want to sleep in. I want to have a screwdriver with breakfast. I want to go on a hike. I want to sit in the sun and read novels. I want to go to the beach. I want to go out to dinner.

I'd even like to paint my house, install new windows in my bedroom and cut down the ugly bushes in front.

I just gotta stay focused for another week.

www.trackthelies.com

2005-07-16T17:23:00.000-07:00

Basic Rights Oregon has a flash movie in support of SB1000. It's worth watching. I especially like the license plate on the car at the end.

Here's something more that's stupid

2005-07-16T08:50:00.000-07:00

An Australian judge has ruled hyperlinking to sites that infringe copyrights is itself infringement. This is dumb because as Copyfight points out: 1) apparently copying and pasting a URL would not be infringement and 2) unless you do copy and paste a URL, everywhere you go on the internet is through a hyperlink.

Once again we have a judgment where "good" companies such as Google are now in violation. However, because industry likes Google, it will never be sued.

Sigh.

Tell Karen Minnis we want a vote on SB1000

2005-07-13T16:43:00.000-07:00

As you all know, SB1000 the civil union and anti-discrimination bill passed the Oregon Senate by a 2/3 majority. Now Speaker of the House Karen Minnis is trying to let the bill die without out a vote. Call her up and tell her you want it to be voted on before the end of the session. Do it now--it will only take 30 seconds. Her number is 503-986-1200.

And for those of you who already know enough Torts to fake it through the bar exam, skip out early on studying on Wed. July 20 and head down to Salem for a rally. 6pm at the Capitol. Be there.

Internet Archive sued for archiving internet

2005-07-13T08:58:00.000-07:00

This lawsuit is ridiculous. The Internet Archive is being sued because in a trademark lawsuit involving separate parties lawyers for the plaintiff used the Archive's Wayback Machine to access web pages stored by the archive to prove the defendant had infringed their mark.

The defendant is now suing for copyright infringement, DMCA, and CFAA violations for plaintiff''s actions, and is suing the Internet Archive for negligence, breach of contract, and fiduciary duty.

This is the stupidest thing I've ever heard. Especially since the archive is routinely used by IP attorneys to determine whether there has been infringement. It's the only history we've got and it's fair use. Plus there was no contract, and I'm not sure how there could be a fiduciary duty either.

Pure crap.

Breaking News: Scientific studies are not always definitive

2005-07-13T08:52:00.000-07:00

This shocking revelation comes from a study of JAMA, Lancet, and New England Journal of Medicine. The authors have concluded that

"[c]ontradicted and potentially exaggerated findings are not uncommon in the most visible and most influential original clinical research... ."

Amazing.

i got nuthin

2005-07-11T09:37:00.000-07:00

sorry, kids. i've spent the last four days hoping something interesting might happen to me. or i might have a remarkable thought. no such luck. nothing happened. and i can't think of anything just now.

about the only interesting thing on the horizon is PBS documentary of Guns, Germs and Steel, after the book of the same name. i never got a chance to read the book, so i'll be taping it for later viewing.

The guy across the street

2005-07-07T13:17:00.000-07:00

Three guys live across the street. All are long haired, heavy metal listening types. One guy only ever wears black. Ever. He has black t-shirts and black dress shirts. He has black tank tops. He has black jeans, black carharts, and black carharts shorts. He wears black boots or black converse. Except one time he wore one black converse and one white converse. He has dyed jet black hair. He drives a black truck. I have seen him almost every day for almost three years. He has never waivered from this fashion scheme.

Until today. I just saw him leave his house wearing a white t-shirt, blue jeans, and carrying a red duffel bag. He had white running shoes on.

What does this mean, except that bar studying is really, really boring?

Competitive Lawnmowing

2005-07-04T13:19:00.000-07:00

So, I'd just finished mowing my lawn (a chore that I don't love, but find better than cleaning the kitchen), and I was pulling some weeds next to the ugly bushes in front of my house when out of the corner of my eye I saw a white van pull out in to the street from across the street. I thought nothing of it because the death rockers across the street have several vans, and I think I've seen a white van there before. Additionally, the house next to the death rockers has recently become occupied after a long vacancy. I haven't met the new neighbors so it was conceivable that the white van belongs to them.

I go back to pulling weeds but I am scared out of my skin by a loud honking right behind me. I turn around to see the white van parked half way in my driveway, halfway on my lawn. I walk up to the van. Its driver is an old man, he speaks to me in a thick accent (perhaps from some West African country--it sounded vaguely French like). He says, "I just wanted you to know you have done a good job mowing your lawn. A very good job. At first I thought you were a man. When I realized you were a woman, I had to come over to tell you what a good job you had done mowing your lawn."

I thanked him and went back to pulling weeds. He pulled out of my driveway and drove away.

There are so many things wrong with that interaction I don't even know where to start. First, what is it with van owners that they have no compunction over driving on peoples' lawns? They all do it, it must be a van cultural thing.

When I had short hair I used to be mistaken for a man all the time. That hasn't happened since I grew my hair out. But, here it seems like the very fact I was mowing a lawn is what caused the confusion. Now, I know the guy is old, and he seemed to be from a different country, but what are you supposed to say to something like that, and how is it supposed to make you feel?

It's bad enough to know that neighbors actually do judge your lawn. I mean, my next door neighbors have a beautiful flower garden--just looking at it lowers your blood pressure. My lawn is mostly weeds--it is the best I can do to mow it before they all go to seed. So, I'm a little sensitive to being judged by the neighbors.

But, not only that, there seems to be multiple levels for which to be judged. I guess there is professional lawn mowing and amateur lawnmowing. But not only that, there seems to be male and female divisions as well.

Maybe I should have just told him that since I had been mowing the lawn for almost 25 years, I was able to compete at a high level.

But, seriously, if this guy is the new guy across the street, what is he going to do when he finds out I live in this house all by myself. Not only that, I own it all by myself. He may blow a gasket.

Better to just keep the windows closed and get Pretzel to come over and do my yard work.

G8 Protests

2005-07-04T09:49:00.000-07:00

Here are a couple of articles covering today's protests: AP and BBC. I like the AP report because it describes the 150 clowns of the Clandestine Insurgent Rebel Clown Army.

Eddie Vanzetti reports that police outnumber protesters 5-1.

The Terminal Ileum as Art

2005-07-03T22:15:00.000-07:00

I was a biochemistry major in college, and I worked in the biotechnology field for about nine years before I entered law school. My college career also entailed a couple of fairly controversial performance art collaborations having nothing to do with science. After my first performance art experience, as a project for Mr. Hands' American Culture and Ideology class, Mr. Hands suggested that my next project should be to genetically engineer him a new terminal ileum. See, Mr. Hands has Crohn's disease, and when we were in high school, he had to have about a foot and a half of his intestines, including the terminal ileum, removed. He thought it would be a good performance art project to grow a new one and try to introduce it into his body.

Needless to say this was all mostly jive talkin'.

Well, much to my surprise, today Stay Free! pointed the way to this NY Times article about genetic engineering as art--like real art. The article catalogues for example, "creating 'victimless' meat by growing tiny steaks from biopsied frog cells and then eating the steaks; using bone cells from pigs to grow wing-shaped objects, a play on the 'when pigs fly' trope; coaxing cactuses into sprouting humanlike hair; growing tissue in a petri dish that could theoretically be marketed as a hymen replacement." You gotta read this article. It's brilliant and disturbing.

Plus, one of the bioartist's names is Steve Kurtz. He's been arrested by the FBI surrounding his art. As many of you know, I have a Steve Kurtz who was my supervisor in genetic engineering a cocaine addicted yeast strain. So, they're not the same guys, but it just makes it all a better story.

From time to time Mr. Hands still asks me about the intestines. Maybe he should look some of these folks up.

How pitiful?

2005-07-03T20:46:00.000-07:00

Those of you who know me, know that before I met my girlfriend I had been single for a long, long, long time. Not that it bothered me too much. I enjoyed the single life. (But, for the record, once I got the hang of it, I've been enjoying the relationship life very much.)

As a single person, you spend a lot of time alone--even if you have a lot of friends. That's just the nature of the beast. And to be happy, you don't let the fact that you are by yourself stop you from doing what you want to do. In fact, you try to embrace doing whatever you want whenever you want.

Why am I talking about this? Well, my girlfriend has been out of town for the last three and a half weeks, and I've been trying to keep a good attitude, keep busy, and not feel too lonely while she's been gone. I think I've been successful. But, I haven't been to the grocery store in weeks, which means I've been eating out pretty much every meal for the last week and a half. This is fine, but tonight I experienced something I haven't experienced in the year and a half we've been together: people's pity for me because I am dining alone.

Tonight I was eating at the Italian restaurant down the street. I had ordered myself a half liter of wine and some pasta, and had just cracked open the book my girlfriend got me for our anniversary (damn you lawschool!). All in all, I was pretty happy. Next to me was a large party--an entire extended family, undoubtedly getting together for the holiday weekend. Mom/Grandma took one look at me and said, "I'm sorry we don't have another chair, we'd invite you to join the family." I thanked her for her sentiment, but tried to tell her as convincingly as possible that I was fine where I was.

That's the thing--I was fine. It is ok to eat at a restaurant alone. It is ok to be alone sometimes. There is nothing wrong with me--is there?

Maybe I should just go to the grocery store so I don't have to subject others to my pathological solitariness. Don't want others to feel uncomfortable, you know.

Speaking of anonymity

2005-07-02T13:48:00.000-07:00

I've added a site meter to my site. Mostly because I was gone for so long, I'm wondering if anyone is still out there. I still kind of don't like the idea, so I may get rid of it later. Just thought I'd give you all the heads up.

EFF legal guide for bloggers

2005-07-02T13:26:00.000-07:00

hey kids,

since questions relating to copyright infringement, defamation, and anonymity have come up amongst my bloggy friends in recent times, i'd thought i'd point you all towards the above link. the guide gives you a good map of the legal landscape as well as some pointers on remaining anonymous. happy blogging.

MGM v. Grokster Lowdown

2005-07-02T12:22:00.000-07:00

Kids, since I've just wasted the last hour reading about Grokster instead of learning the difference between 5th amendment right to counsel vs. 6th amendment right to counsel, or the difference between Federal and Oregon rules regarding expert testimony, I thought I'd share what I've learned.

MGM v. Grokster opinion can be found here. But, for those of you with little time, NYU law school professor, Siva Vaidhyanathan, has a very accessible piece on Salon that is worth the read.

The basic gist is that Souter's opinion struggles to keep the Sony Betamax opinion alive by borrowing an "inducement" theory from patent law. That is, the court majority (although a concurring opinion by Ginsburg makes this kind of cloudy to me) says that substantial non-infringing uses are still ok, but if you induce infringement either through advertisement or some other method, then you're contributorily liable. So, basically, as is his wont, Souter once again issued a completely unintelligible opinion.

Siva Vaidhyanathan points out, the way the opinion is worded, there is ambiguity as to whether Apple's Rip, Mix, Burn advertisement would constitute inducement. Also, when you look at old Sony Betamax advertisements, they seem to be inducing infringement too. He also points out that since the entire internet is one big peer to peer file sharing network, Google could conceivably find itself in trouble.

So, although Sony may technically still be intact, future cases will undoubtedly whittle it away as lower courts grapple with what exactly constitutes inducement. In fact, the most devastating impact of this opinion may not be the holding itself, but the economic power such an ambiguous opinion has given to the RIAA, MPAA and the like to pursue lawsuits against small innovators. Case in point: many have been speculating as to whether BitTorrent inventor Bram Cohen may be next. Seems that five years ago he wrote a parody cypherpunk manifesto in which he stated he wrote programs to commit digital piracy. Is this inducement under Grokster? Even if it isn't, it may be a legitimate enough question to prompt a lawsuit. Guess we'll find out.

an end to an unplanned hiatus

2005-07-02T10:52:00.000-07:00

hey kids, i have no idea if anyone still checks this site or not. a lot of bad shit happened in the last month. write me an email and i'll tell you about it. needless to say, blogging has not been a high priority.

but, my hope is to return to some semblance of normalcy--as much as can be mustered during this final month before the bar exam.

i don't have much time to surf the internet right now, so i will be a little slow on current events, but i'll try to do what i can.

i haven't even read the Grokster opinion yet. i've had to rely on the newspaper for godsakes. i don't even know what the EFF has said about it yet. fuck.

oh, and don't get me started on Sandra D. Quitting on us now to take care of her ailing husband! well, we shouldn't have been counting on her anyway. it's just testament to the sad state of affairs that she was our only hope on so many issues in the first place. all you breeders better start stockpiling condoms cuz abortion will soon be illegal and all those pharmacies won't be selling contraceptives anymore, anyway.

oh, and all you bar kids might want to take a look at those 10 commandment cases. bar examiners love current events....

finally, i recommend all of you with access to Showtime and TiVo watch the Penn and Teller Bullshit show on Hair. Nothing better than watching someone wax some random guy on the street's hairy asshole on a flat screen TV.

more later, yo.

My Schedule

2005-06-02T20:11:00.000-07:00

is really not very fun. 7am wake up. 8am go to class. Class from 9-12:30 (eat lunch during class). 12:30-2 running. 2:30-6pm study in library. 6-8 dinner, Simpsons and a little internet action. 8-10:30 study. 10:30pm beddy-bye-boo.

Oops gotta go, I've got a date with a Constitutional Law practice exam.

For Mr. Hands

2005-06-02T19:56:00.000-07:00

I remember several years ago having a conversation with Mr. Hands about how Vivid was investing a considerable amount of money in masturbatory devices for what was then called Virtual Sex. My how far we've come (excuse the pun). Here's a little demonstration on the state of the teledildonic arts.

Via Boing Boing.

Sorry about the neglect, yo

2005-05-31T20:20:00.000-07:00

So, I received my Juris Doctor degree on Saturday. I also had a jillion family members roll into town. Folks I haven't seen since I was 4 and 7 years old. Crazy. Good to see 'em tho. Plus a surprise visit from one of my dearest, bestest friends, Tater State. That was definitely a highlight of the whole graduation cluster f**k weekend.

I really got nothin' for you. Just know all is well and I am happy as the clam that I am.

RUMMAGE!!

2005-05-21T10:19:00.000-07:00

Hey kids in the Portland area, today (Saturday) and tomorrow (Sunday), St. Philip Neri Parish is having a rummage sale. There should be all sorts of good stuff for cheap.

Hours are Sat. 9-4 and Sun. 9-2 with a "dollar a bag" sale starting at noon on Sunday.

St. Phil's is on Division between 16th and Tamarack (SE corner of Ladd's addition)--just west of the New Seasons.

Hope to see you there.

The Myth of Anonymity

2005-05-19T17:15:00.000-07:00

Tyranny of the majority or not, folks are getting a lesson on the myth of internet anonymity over at Portland Communique.

A "wounded white dragon resting on the grass"

2005-05-17T17:59:00.000-07:00

For anyone who ever loved a rollercoaster...

Or Spirited Away.

Via Boing Boing

On wine and filesharing

2005-05-17T17:08:00.000-07:00

I love music and I love wine. That's why I've been pondering the similarities between the wine direct shipment controversy and the whole P2P filesharing hullabaloo. Both of these things are controversies for the exact same reason: the internet fucks with distributors and distributors don't like that.

First music. U.S. Copyright law exists to promote the progress of art. That is, we give an economic incentive to artists by granting them monopolies on their art for limited times, which hopefully induces them to make more art. But, see, artists are kind of single minded individuals. The economic incentive theory only works if in fact artists want to sell their art for money. Most artists would rather make their art then spend time trying to sell it. In economics this is called a transaction cost. Traditionally, the transaction costs associated with producing and marketing music have been high. That's why most of the time copyright only indirectly benefits the artist. They can assign their copyright to a middleman (e.g., record label who then gives a cut to the distributor) in exchange for the middleman doing all the boring marketing stuff. All is well in the world. Record labels and distributors become rich and powerful. Musicians do not, but they still make their records because what else are you going to do? Along comes the internet. This fucks everything up because suddenly transaction costs are reduced dramatically. Huge paradigm shift which sends the record industry reeling. The middlemen are suddenly obsolete, or at least their role is dramatically altered. Their only recourse is to lobby for copyright laws that can force us all to keep the status quo. Lucky for them they have the force of the Constitution Art. I, sec. 8, cl. 8 (the copyright clause) to help them along.

Same shit with the wine industry. We can think of small wine producers as artisans much more interested in making good wine than doing all that boring marketing shit. But, they gotta sell their wine. Enter the distributors. Both large and small winemakers were entirely dependent on distributors to get their wine in the hands of consumers. Distributors became big and powerful. But, enter the internet. Suddenly transaction costs for getting wine to consumers drop. Small wineries can market their wine and ship directly to consumers with ease. Distributors freak out. They lobby states to prohibit direct shipment of wine, couching their reasons in terms of harm to minors. Lucky for them, they have the force of the 21st Amendment to help them along. But, at least here, the Supremes have said that the Dormant Commerce Clause trumps the 21st amendment. However, the Dormant Commerce Clause only means that whatever action states take to regulate alcohol can't be discriminatory. That means if they allow direct shipment by instate wineries, they also have to allow direct shipment by out of state wineries. Of course they could always prohibit direct shipment completely, and only allow wine to be sold through distributors. What do you think the distributors are going to lobby for?

On second thought, I'm not so sure I'll be sending wine to Virginia any time soon.

Dormant Commerce Clause Trumps 21st amendment

2005-05-16T16:10:00.000-07:00

That means, according to a 5-4 decision by the Supremes today, New York and Michigan's laws against direct shipment of wine to their residents is unconstitutional. Hopefully, the opinion applies to all 22 states that have direct shipment prohibitions. Maybe I can finally send some Oregon Pinot to my family in Virginia. Thus far it would have been a felony to do so.

See Granholm v. Heald.

Woohoo!

St. Lawrence University abuses copyright

2005-05-15T12:02:00.000-07:00

Apparently a group of anonymous student bloggers who are highly critical of their school have induced the school to file a complaint against them in NDNY district court seeking the identity of the students and damages.

While, the posts on the blog might be considered defamatory, the problem lies in the fact that the college is not suing for defamation. Instead it is suing for copyright infringement.

Here's a little background:

In both defamation and copyright infringement cases online, the plaintiff can subpoena the names of the individuals from an ISP. The tests for whether a court will issue the subpoena are drastically different, however.

In defamation cases, the court will balance the 1st amendment right to free speech with the government's subpoena power. This gets strict scrutiny. Additionally, the court balances the interest of the plaintiff in its lawsuit with the interest of of the defendants in maintaining their anonymity because "[a]nonymity is a shield from the tyranny of the majority." McIntyre v. Ohio Elections Commission (Supremes, 1995). Factors include: good faith, the information relates to a core claim, the ID of the individuals is directly relevant to the claim, and the information is unavailable from any other source.

Copyright is a whole other ball of wax. Pursuant to the Digital Milleneum Copyright Act § 512(h), a subpoena can be issued to the ISP to reveal the identity of the individuals. However, in the copyright context there is no First Amendment analysis. That's right, no strict scrutiny for free speech. No scrutiny at all. Instead, the plaintiff just has to swear that it has a good purpose and will only use the information for its copyright claim. All this can be done without the ISP notifiying the individuals (except in the Eastern District of Pennsylvania, which does require notice).

So, you can see why St. Lawrence University would rather file a copyright infringement claim than a defamation claim. To its credit, the bloggers did post photographs to which the college lays claim. However, it is obvious from the text of the complaint that it is not really concerned with the use of the photographs, but the offensive postings about its faculty and staff, i.e., defamation. As such, these students should at least get the benefit of a first amendment analysis before their identities are revealed. However, thanks once again to the DMCA that ain't gonna happen.

Via Copyfight!

Yardwork

2005-05-15T11:31:00.000-07:00

Forgive me for the blog slow-down as of late. I haven't been spending much time near the computer as usual. Instead I've been doing yardwork during the day, and drinking heavily at night. It's as though the last three years never happened. Except, I wonder who these people are doing yardwork and drinking with me.

Done

2005-05-11T12:04:00.000-07:00

Done-ditty-done-ditty-done-done-done!

Ah, lovely. Call me up, so we can drink.

Good riddance!

2005-05-09T16:03:00.000-07:00

I'm done with my BizAssII(Corporations) exam (aka Economics 410). Now we shall never speak of it again.

One left, and it is trademark. Beautiful, beautiful trademark. Trademark that I know and love. Please don't let me down, dear trademark.

End of line.

Happy Mother's Day

2005-05-08T12:36:00.000-07:00

The original Mother's Day Proclamation by Julia Ward Howe 1870:

Mother's Day Proclamation

Arise, then, women of this day! Arise all women who have hearts, whether our baptism be that of water or of fears!

Say firmly: "We will not have great questions decided by irrelevant agencies. Our husbands shall not come to us, reeking with carnage, for caresses and applause. Our sons shall not be taken from us to unlearn all that we have been able to teach them of charity, mercy and patience."

"We women of one country will be too tender of those of another country to allow our sons to be trained to injure theirs. From the bosom of the devastated earth a voice goes up with our own. It says 'Disarm, Disarm! The sword of murder is not the balance of justice.'"

Blood does not wipe our dishonor nor violence indicate possession. As men have often forsaken the plow and the anvil at the summons of war, let women now leave all that may be left of home for a great and earnest day of counsel.

Let them meet first, as women, to bewail and commemorate the dead.Let them then solemnly take counsel with each other as to the means whereby the great human family can live in peace, each bearing after their own time the sacred impress, not of Caesar, but of God.

In the name of womanhood and of humanity, I earnestly ask that a general congress of women without limit of nationality may be appointed and held at some place deemed most convenient and at the earliest period consistent with its objects, to promote the alliance of the different nationalities, the amicable settlement of international questions, the great and general interests of peace.

Thanks, Susan. Oh, and thank goodness for the public domain.

Almost there...

2005-05-07T10:13:00.000-07:00

(stay on target).

Half way done as of yesterday afternoon.

Here's what I want for my birthday: this and this.

Congress does not hide elephants in mouse holes

2005-05-06T10:29:00.000-07:00

Remember my rants (here and here) about the FCC's broadcast flag rule that would take effect this July? Well, the DC Cir. Court of Appeals just told the FCC to shove it in Am. Library Assoc. v. FCC.

Can't remember what I'm talking about? Here's a recap of what the broadcast flag was intended to do (from the court opinion):

The broadcast flag, or
Redistribution Control Descriptor, is a digital code embedded in
a digital broadcasting stream, which prevents digital television
reception equipment from redistributing digital broadcast
content. See id. at 16,027. The effectiveness of the broadcast
flag regime is dependent on programming being flagged and on
devices capable of receiving broadcast DTV signals
(collectively "demodulator products") being able to recognize
and give effect to the flag. Under the rule, new demodulator
products (e.g., televisions, computers, etc.) must include flag-
7
recognition technology. This technology, in combination with
broadcasters’ use of the flag, would prevent redistribution of
broadcast programming. The broadcast flag does not have any
impact on a DTV broadcast transmission. The flag’s only effect
is to limit the capacity of receiver apparatus to redistribute
broadcast content after a broadcast transmission is complete.

That means, no home recording of digital television.

Well, the Appeals Court rightly saw that this rule would be a huge expansion of the FCC's powers, and told the MPAA they would have to go to Congress for such a law.

Cory Doctorow of the EFF's reaction over at boing boing:

The fact is, elected lawmakers are not suicidal enough to break their constituents' televisions. Watch and see: over the next year, we're all going to roast any lawmaker who so much as breathes the words "Broadcast Flag" in a favorable tone.

Sweet.

The thugs next door

2005-05-05T18:55:00.000-07:00

As you all know, jkf, meg-a-touch, and myself are all studying for our final finals of law school. During finals week I generally hibernate in my house: pizza for every meal, soft pants 24 hours a day, phone disconnected most of the time, etc. This is because my house is generally a quiet place to study. Except for the fact that 2 out of the 6 times I have done this the city has decided to tear up and repave my street--during finals. Why twice in three years, I don't know. And now, my next door neighbors are re-roofing their house.

This is the house where the old lady used to live (she passed away during finals last December). The new folks moved in almost immediately, so I think they're related to her in some way. I can't tell if they're just fixing up the house to move, or if they actually plan on staying there, but they sure are taking their sweet time on buying furniture or curtains.

Anyway, they've hired a band of teenage thugs to re-roof the house. There are about four to six of them depending on the day, all with muscle tees and baggy pants. They chain smoke and leave cigarette butts in my yard. They blast terrible radio on their boom box all day. They spend most of the day getting stoned and riding their minibikes (the ones with the lawn mower engines) back and forth to the Plaid Pantry. Just before noon each day a gaggle of overweight teen mothers arrive with babies and lunch. This they eat on my front lawn. Fortunately, they have stopped parking their cars on the grass strip in front of my house after I asked them not to. About 2 hours a day is spent hammering and sawing. I watched them transact a drug deal in front of my house (looked to be about 1/4 oz. of weed). My drapes and front door were open and I watched them from my couch. If it hadn't been weed I would have called the cops.

They have been working on the roof for almost 2 weeks now. Even though she hated me, how I wish that hideous old crone was still alive.

PDC, the Burnside Bridgehead, and one Crazy Motherfucker

2005-05-05T14:20:00.000-07:00

Ok. I know that this violates my Bojack boycott, but I thought his exam yesterday was fair all round, and you have to read this.

The PDC is gonna be in a whole lotta trouble after the Oregonian, Willie Week, Randy Leonard, and Portland Communique are through with them.

Beam has appealed the PDC's decision to give the Bridgehead contract to Opus. Meanwhile Opus PR guy (who also happens to be on the payroll at the PDC), Than Clevenger, has had an extremely embarrassing public meltdown over at Portland Communique. Be sure to read his comments.

Meanwhile, with Don Mazziotti on his way out, the Mayor wants PDC to hold off on its final decision of the appeal until after the change of guard at the agency June 30.

While I've often wondered why people like Jack were so anti-PDC, the way the Bridgehead decision was handled was obviously not on the up and up.

Incidentally, Mayor Potter's new Bureau Innovation Project calls for changes at the PDC as well.

Exam proscrastination doesn't get any better than this.

one down 3 to go

2005-05-04T15:46:00.000-07:00

that's about all i know.

Coming Out Part Deux

2005-05-02T20:10:00.000-07:00

GS!: Dad, I am dating a woman.

Dad: So? You should do whatever you want. (Laughs).

Final Countdown

2005-05-02T17:14:00.000-07:00

I am now at the point where I understand enough Corporate and Partnership Tax that I know I will not fail the exam. This is a relief. All else is gravy.

End of transmission.

Weather Update

2005-04-29T17:55:00.000-07:00

An update to my previous post about S.786, Senator Rick Santorum's insidious bill to forbid the NWS to give away weather data for free:

the EFF has set up a web page to allow you to easily send a letter to your Senators to voice your opposition to the bill. Click here.

Ask your Senators to Support SB1000

2005-04-27T12:14:00.000-07:00

Hey folks, they're having a committee hearing on SB1000 next week. That's the Civil Unions bill. Click here to have Basic Rights Oregon send your letter to the Senate Rules Committee.

Also, take a minute to call your State Senator and tell them to support the bill. I did last night--it took me exactly 1 minute and 33 seconds to leave a message. Don't know who your state legislators are? Click here to find out. I've also added the Oregon Legislator Finder to the links list.

Coming Out

2005-04-25T15:11:00.000-07:00

I had an interesting conversation with my mom this morning. Yeah, that conversation. I've been putting it off for almost two years now. But, with graduation looming, it was time. Thankfully, her response was pretty much the best case scenario outcome. Why I ever doubted her, I don't know. I should have known better.

Copyright and the Weather Present a United Front

2005-04-25T11:41:00.000-07:00

Ok, I couldn't help the pun, but this is serious stuff here. Everyone knows how I am obsessed with the weather. You also know how I am obsessed with Intellectual Property. What you may not realize, is that many Copyright scholars have long recognized an important link between the two.

One of the arguments that the content industry makes about the need for stronger intellectual property laws is that unless they are able to regulate use of their inventions/art, there is no way for them to be able to compete in the marketplace. Also note that intellectual property law in the United States is based on an economic incentive theory. That is, our entire reason for having patents and copyrights is to enable inventors and artists to have a market for their works--thus incentivizing them to produce.

One of the foremost counterexamples to the argument for enhancing IP monopolies is the Weather Industry. Long before there was open source software or Creative Commons, the National Weather Service was giving away weather forecasts for free. I even have a link to their web site on this blog. Yet, the weather industry thrives in this country. Take a look at the Weather Channel or its web site.

Well, Sen. Rick Santorum thinks this is no good. He doesn't think the Weather Channel has any right to be stealing forecasts from the government, so he's introduced a bill to prevent the National Weather Service from giving its information away. That means no more free online weather from the NWS. Please write your Senators to tell them just how ridiculous this is.

In related news, the NWS is in the midst of a notice and comment period concerning the icons they use to convey the daily weather report. I for one prefer the current icons. Please click here to give them your two cents worth.

Earth Day 2005

2005-04-25T11:09:00.000-07:00

Now that I am an environmental lawyer (long story short, I have been hired into my law firm's Real Estate, Land Use and Environmental Group), I have a few reflections on this past Earth Day.

When I first came to law school I was pretty burnt out on environmentalism. Yes, I recycled, yes, I had a compost pile, yes I took public transportation or rode my bike to work. But, as I saw it, the environmental movement was so white and middle class--it seemed like it was never going to get anything accomplished unless it reached out to the people. Why the hell should you care about a rainforest if you can't put food on the table?

In law school I was introduced to the concept of Environmental Justice through my new friends who belong to the Environmental Justice Advocates here at school. These folks taught me exactly why lower income and minority folks should give a shit about environmentalism--it's their/our neighborhoods that are the most heavily impacted by pollution. Come over to my place sometime and we can take a tour of the brownfields in North and Northeast Portland where I live.

Coincidentally with this new outlook of mine, the Catholic Bishops in the Northwest and British Columbia issued a pastoral letter on how it is imperative to understand that the social justice teachings of our church include stewardship of our environment, specifically for Northwesterners, the Columbia River Watershed. Taking this to heart, my parish embarked on a mission to increase awareness of environmental issues, and to make our church grounds more "green." But, most importantly, my church has begun to recognize the link between environmentalism and social justice. This is a very good thing.

Which brings me to last Thursday. In celebration of Earth Day, several of the environmental groups on campus sponsored a talk by Sierra Club Board Member and LC alum, Bernie Zaleha. Now, I have never really cared too much about the Sierra Club, but I was heartened by his talk. Mr. Zaleha, when questioned about what directions he thought the environmental movement should take answered, surprisingly, that environmentalists need to focus on environmental justice and reach out to religious communities and the voluntary simplicity movement (who he observed have long known that possessions do not bring you happiness). But, he noted, that as a leader of the Sierra Club, which is mostly white and affluent, he often feels conflicted about preaching such a message. My hope is that folks like Bernie Zaleha, do start a dialogue about such things. Who knows, he might even inspire someone like me to care.

Attention fellow law students, homos, and sodomites

2005-04-19T12:57:00.000-07:00

You kids remember Lawrence v. Texas, the Supreme court case overturning Bowers v. Hardwick, and allowing us all to engage in sodomy in the privacy of our homes, right? Of course you do. Remember Scalia's dissent? Basically he was saying there was a legitimate state interest in regulating homosexual acts--states regulate all sorts of stuff, so why should sodomy be any different?

Apparently at a Q&A at NYU a law student demonstrated to Justice Scalia exactly why it's different by asking the justice if he sodomized his wife. Reason? Some things are nobody's business.

Read the law student's open letter explaining his actions here.

Via Copyfight.

Rats! zinger

2005-04-19T12:20:00.000-07:00

As anyone who has been paying attention to the news this morning knows, Cardinal Ratzinger has been elected Pope. Anyone who knows much about my spiritual life knows how much I can't stand that man. He is bad.

The good news is: 1) he's the one who's been running the show for several years now, so one can only hope for the status quo, 2) he's 78.

The bad news is, the last time the Cardinals elected a Pope they thought was old and therefore transitional was Pope John XXIII. He's the one who instituted the sweeping changes of Vatican II. Only he was good. Ratzinger is bad.

Bad. Bad. Bad.

But, for a more uplifting look at how some young Catholics are dealing with this news, I recommend this post.

UPDATE: for those of you who wonder why I think he's bad.

Evil

2005-04-15T15:35:00.000-07:00

Just when you thought Wal-mart could not possibly get any more evil.

Shit List

2005-04-15T15:28:00.000-07:00

Jack Bogdanski has been on thin ice with me for a while now. This post was the last straw. He's no longer on the links list. Christopher Frankonis' Portland Communique has a much better view of local politics anyway. He's taken Bojack's place.

Lucky!

2005-04-13T17:28:00.000-07:00

Although I am still angry with the City of Trees, the Gem State's government has at least done something right this year. The above link will get you to the entire resolution concerning the merits of Napolean Dyanamite.
2 WHEREAS, any members of
the House of Representatives or the Senate of the
3 Legislature of the State of Idaho who choose to vote
"Nay" on this concurrent 4 resolution are "FREAKIN'
IDIOTS!" and run the risk of having the "Worst Day of 5
Their Lives!" 6 NOW, THEREFORE,
BE IT RESOLVED by the members of the First Regular Session
7 of the Fifty-eighth Idaho Legislature, the House of
Representatives and the 8 Senate concurring
therein, that we commend Jared and Jerusha Hess and the City
9 of Preston for showcasing the positive
aspects of Idaho's youth, rural cul- 10 ture, education
system, athletics, economic prosperity and diversity.
11 BE IT FURTHER RESOLVED that we, the
members of the House of Representa- 12
tives and the Senate of the State of Idaho, advocate
always following your 13 heart, and thus we eagerly await the
next cinematic undertaking of Idaho's
14 Hess family.

2005-04-13T15:46:00.000-07:00

A recent discussion with friends about Sea Monkeys had me waxing nostalgic. Now, today, BoingBoing had this post. Coincidence? Thanks to V for the photo.