Month: September 2009

Julie/Julia/Johnny

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I saw the movie Julie & Julia last week & liked it very much. It interweaves the story of how Julia Child, the wife of a USian diplomat stationed in Paris, came to write Mastering the Art of French Cooking with the story of how Julie Powell, a twenty-nine year old woman who worked on a telephone hotline for people affected by the World Trade Center attack, came to prepare all 524 dishes in Child’s book over the course of a year and blog about doing it.

Over coffee the morning after seeing the film I noodled around the internets reading reviews and was surprised by a theme that cropped up in many of them–that the parts of the film featuring Meryl Streep as Julia Child were engaging, as was their subject, while the parts featuring Amy Adams as Julie Powell were a bore, and their subject (Powell) was at best negligible, and at worst, a narcissistic leech. Many of these reviews (some of them written by “professionals” on major sites, others by bloggers on less well-traveled sites) were distinctly snotty in tone. Roger Ebert, for example, started his review

“Did you ever want to take a three-day bus trip sitting next to Julia Child?”

and the guy at Cinema de Merde entitled his review “Get your own life” and summarized Julie and Julia thus:

[It compares] a modest woman of inner resources who accomplishes something monumental through hard work, and another who feels a lack in herself because she’s not as accomplished as she thinks she should be, and ends up accomplishing something entirely trivial that is made possible by our culture of paying attention to meaningless personal drama.

Robert Wilonsky’s review in the Village Voice is called “In praise of the Julia half of Julie and Julia”; in it he praises Streep & Child and deposits mild scorn on Powell (while tossing a crumb or two to Adams). In SFGate, Mick LaSalle goes gaga over Streep/Child and says things about Powell that I consider too churlish to repeat here.

Unlike many reviewers, I liked both the Julia story and the Julie story; I liked the entire movie, and indeed I liked both women.

Below, a few observations on the Julie/Julia story (but not a movie review proper) intermixed with some grand philosophical musings on The Meaning of Life, Snotty Reviews, Reactions to War, George Plimpton, My Own Delusions & Narcissistic Compulsions & What They Have Cost Me and Others, Roger Banister, and Writing.

UPDATE: Since originally posting this I’ve made a minor edits for clarity and emphasis. I may make a few more.

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Will The DC Circuit Pull The Plug On Program Access?

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Next week, the D.C. Circuit will hear oral argument on the FCC’s 2007 decision to extended the program access rules another five years. What surprises me is how few people seem to have considered the possibility that the D.C. Circuit will reverse this decision and vacate the rule, as they did last month with the 30% cable horizontal ownership limit.

Part of that is the way people tend to make analysis based on conventional wisdom. “Everyone knows” that without the program access rules, competitive providers would be toast because the largest cable incumbents can control programming, just as “everyone knows” that we don’t need a 30% cable ownership limit because the MVPD market is so wildly competitive that the largest cable incumbents can not possibly influence cable programming. As Comcast and Cablevision pointed out to the DC Circuit, however, the conventional wisdom in this regard is not entirely consistent. If, as the court found last month as a matter of law, the MVPD market is wildly competitive and consumers switch willy-nilly from one to the other rendering it impossible for a cable provider to block a rival programming network from emerging, how on Earth can cable programmers below the 30% limit exercise foreclosure?

There are, of course, sound answers to that in both law and economics, although the biggest single deciding factor is likely to be the absence from the panel of Douglas Ginsburg, a man who believes membership in the Federalist Society substitutes for an actual understanding of economics and has published an academic article yearning for the “good old days” when the courts made economic regulation unconstitutional and concluding that courts should not defer to agency efforts to create “synthetic competition.” (An offense in the eyes of the Gods of the Marketplace.) I believe the panel is Sentelle, Griffith and Kavanaugh, which is not exactly good news for the program access rules but isn’t death on wheels like Ginsburg (or Williams or Edwards). Sentelle and Griffith, who were both on the imaginary competition outweighs real competition decision back in June overturning the FCC’s decision not to grant Verizon a forbearance petition, and Kavanaugh, who was on the cable ownership panel and therefore presumably agrees that switching costs aren’t real and cable operators are in such fear of youtube clips they would never make programming decisions based on affiliation. On the flip side, Kavanaugh actually wrote the somewhat more deferential special access opinion from July. Unfortunately for those who rely on program access, none of the judges who affirmed the Inside Wiring Order are on this panel.

Of course, there is something to be said for actual law and analysis of the underlying FCC Order, even in the D.C. Circuit. So below, I shall provide a brief outline of the program access rules, how we end up in court, the likely arguments, and what happens if the D.C. Cir. overturns the rules (which even I give a low probability to, but do not discount — especially given the panel) — including why that might actually be the best thing to happen to cable regulation in the long run.

More below . . .

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The oddly bee-obsessed Neuromancer movie posters

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Quiet Earth has some posters for the maybe kinda possibly Neuromancer movie that may or may not manifest itself in 2011, depending on how the greed probability waveforms collapse. Anyhow, one of them seems oddly bee obsessed (well, OK, wasp obsessed, which I vaguely recall has some relevance to the book someplace…). But it just reminded me of another oddly-bee obsessed novel.

Benchmarks and the Broadband Ecology.

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As folks in broadband policy land know, thanks to the American Recovery and Reinvestment Act (ARRA), the FCC needs to present a National Broadband Plan to Congress by February 2010. The FCC has been holdng a bunch of workshops on various aspects of the plan as part of the inputs. I spoke last week at the Benchmarks Workshop. As I remarked to the sparse crowd, you can tell this is the deep uber-wonk stuff that only a handful of us find terribly interesting and vitally important while the rest of the world zones out and watches videos in their minds. For the short version, I include my latest “Five Minutes With Harold Feld.” Those more interested can watch the entire panel or read my written statement here. My more snarky comments (including my assessment of the panel) below.

More below . . .

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Will Genachowski Help Obama Find A Heart, Brain and Courage To Face Glenn Beck and His Army of Flying Monkeys Flinging Poo?

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There are several rather astounding things about the current campaign of Glenn Beck against various Administration appointees. Most astounding, however, has been the Obama Administration reaction to date: quick capitulation in the face of relatively small pressure. Indeed, one of the reasons there was so little initial defense of Van Jones in progressive circles was because most of us were unaware of the attack until the Van Jone’s “resignation.” As compared to previous campaigns in the Clinton years or Bush years to oust various officials, pressure to fire Van Jones had not even approached noticeable, let alone “scary.” Indeed, I am sufficiently cynical wrt the DLC/Rahm Emmanuel faction of the Ds that I cannot help but wonder if the Beck-led anti-Jones campaign was merely a convenient excuse for pushing out a smart and effective progressive.

But whatever the reason, the Van Jones firing proved a major strategic blunder. It infuriated the Netroots and younger civil rights constituencies, who felt betrayed, and it emboldened Beck and his following to seek new “kills.” It also demonstrated the truth of Feld’s Rule of Political Power: “Your political power is directly related to your perceived ability to cause pain.” Within a week, Beck was claiming another kill in the form of Yosi Seargant at National Endowment for the Arts, prompting talk of an unstoppable McCarthy-esque crusade (or campaign of freedom, depending on your political perspective).

Among the latest targets of Beck and his followers is Mark Lloyd. I’ve known Mark for some years and consider him friend, so I am hardly the most impartial of defenders here. Besides, my Public Knowledge colleague Art Brodsky and others have written strong personal defenses of Mark and debunked the charges against him as well or better than I could. Nor is my purpose here merely to fulfill my Biblical obligation not to suffer “a tale bearer among thy people, nor stand by the blood of thy neighbor” (Lev. 19:16) by re-iterating the defense of Mark Lloyd.

Rather, I note this is a splendid opportunity for Genachowski to save Obama’s tuchus by showing that you do much better standing up for your own people than caving (one of the few lessons Obama could stand to learn from Bush). Whether the Van Jones “resignation” came from heartless political infighting from the DLC faction, brainless failure to consider the natural consequences, or simply lack of political courage, Genachowski has the opportunity to give the Administration a heart and a brain and — what it appears to need most these days — courage. Because, as the far too lengthy an wonky analysis below shows, this ain’t the 1990s anymore, and the best overall political strategy is to take a page from the Bush Administration and stand firmly with the base by telling these guys to bugger off.

More below . . . .

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Obama's plan: Another corporate bailout?

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Representative Kucinich makes good points.

We need to keep standing behind progressives to make sure that the bill reported out includes real reform, not a mere windfall for the insurers and drug companies. As Rep Kucinich says, it’s not yet time to say he’ll vote “no” on the final bill. But he’s not very optimistic.

I do take to heart the advice of my Wetmachine colleague Harold Feld, who constantly reminds us that whining and hand-wringing don’t help. What really matters is getting involved and supporting the people who are doing the right things. As soon as I post this I’m going to call Rep. Delahunt’s office. He’s signed the Progressives letter to President Obama saying he won’t vote for a bill that doesn’t have the American Option (AKA “public option”), and in general I’m very happy with his voting recordd. But his name doesn’t appear on the Progressive Caucus letterhead, so I’m not sure if he’s in danger of “backslidin’”. Now’s the time to dig in, sez I.

Comcast Channel Shifts — Looking for info.

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I’m getting email about Comcast migrating MSNBC and CNN out of its expanded tier to a higher priced tier while keeping Fox News on expanded tier in a number of markets. If this is actually going on, I’m mightily curious.

Such shifts do not happen casually. They are generally the product of fairly intense negotiations among cable operators and programmers. They also require advance notice to viewers. This makes me extremely reluctant to impute a political motive here. If NBC and Time Warner (the owners of MSNBC and CNN respectively) were being screwed against their will over a political agenda, I would have expected to hear it in DC. What mainstream coverage there is of this suggests it is part of Comcast’s general digital upgrade. So we should expect to see all remaining channels migrated off to the higher priced tier eventually. While that will constitute a significant rate increase, it will put everyone back on equal footing. Besides, as the DC Circuit instructed us all last month, cable operators have no market power and cannot influence the programming market, whatever your personal experience to the contrary may be.

So if anyone has more info on this and would like to either comment below or talk to me, I’d love to hear about it.

I suppose I should add that unless Comcast failed to give proper notice to subscribers before changing their channel line up, their is nothing the FCC can do about it, so don’t bother complaining.

Stay tuned . . .