Tales of the Sausage Factory:
A little Parable on Orphan Works Reform

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As Congress winds down, it faces the usual barrage of last minute bills — including requests from the usual suspects in the IP Mafia to expand yet again the value of their copyright holdings (you can read bout the latest push in the lame duck session at Public Knowledge or the new public interest/industry coalition website Digital Freedom). But one piece of legislation deserves to pass, the Orphan Works Act of 2006. This legislation seeks to address the problem of works where one cannot determine who holds the rights.

How does this happen? In 1976, we moved from a regime where we required someone to register a work with the Copyright Office to get protection to one where where everything rendered in fixed form is protected. So if you fnd a work, you must assume it is still under copyright. Even if you can find a record of the rights holder at the copyright office or elsewhere, you may no longer be able to find the current holder of the right because that person has died or moved on without a forwarding address. And since copyright has been continuously extended, the work remains protected and therefore unusable.

So after much prodding, the Copyright Office recomended to Congress to pass a bill that allows someone to do a due dilligence search for the rights holder and set up an escrow account to put some of the profits from republishing the work if the rights holder shows up. This bill is resisted by some trade groups. You can read a good statement about the bill by Public Knowledge’s Gigi Sohn here.

In any event, the subject came up on a local science fiction list I’m on. A fellow by the name of Keith Lynch wrote an excellent little piece illustrating the value of the Orphan Works Act, which I reprint below with permission.

Stay tuned . . .

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Tales of the Sausage Factory:
NAB Turkey of A Report

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As reported at Consumers Union Hearusnow.org blog The National Association of Broadcasters has done its best to show that owning broadcast stations loses money. Unsurprisingly, they recommend relaxing local ownership rules to allow owners to chase the happy, mythical synergy rainbow that has proven such a winner for Clear Channel, Tribune, Viacom and growing list of companies that absorbed profitable businesses and turned them into failing operations ladden with debt.

We shall leave aside the absurdity of the NAB’s arguments for the moment to get to something even sillier, the absurdity of the NAB’s math. Not since fictional Fundamentalists supposedly redefined Pi as 3 has ideology so distorted the basic precepts of mathematics. Worse, these are not accidents or “fudging.” I count no fewer than two major errors in methodology or presentation per page as well as many major methodological errors that impact the paper overall.

How bad is this paper? It is so bad that you would expect it to appear in the “April Fools” edition of Econometrica. It is so bad that I would expect its author, Theresa J Ottina, to be banned for life from meetings of the American Economic Association. It is so bad that every professor of economics and statistical analysis should download it and give it to their class as a final exam question to see if the class can spot all the errors as a kind of economics “Where’s Waldo” of mistakes, gaffes, and deceits. It is such a botched attempt at a lie by statistical analysis that I have half a mind to file a complaint with the FCC requesting they sanction NAB and Ms. Ottina for violating the FCC’s requirement that submissions reflect an honest effort to provide true information (a certification NAB made in its filing).

What makes it so bad? And why does the NAB submit such a piece of obvious crap?

See below . . . .

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My Thoughts Exactly:
“The first cyberage-religion”

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A friend sent me a link to the Frequently Asked Questions page for Logologie, “the first cyberage-religion” with the simple subject heading, “it’s all you”. I kind of dug the first paragraphs of the answer to the Frequently Ask Question, “What is Logologie?”:


LOGOLOGIE is “the first cyberage-religion”.

Main topic of Logologie is the entire abandonation of brutality and of
senseless brain destruction,because with the development of technologies the
man got more and more destructive power in a way that now the single man has
become a danger for the survival of the entire human race.Though the mankind
can only further survive when the wisdom(capability to overwiew complex cy-
bernetic relations in a holistic way) of all men will reach that level of
development that the men’s cleverness(capability to apply technologies) al-
ready has reached,because otherwise the mankind will destroy itself.

Now that sounds like something a technoparanoid like myself could get behind! Not only is the author right-on about threat amplification through technology, but he’s also in favor of the entire abandonation of brutality. Which is a proposition I also favor. Moreover, the “cosmic destiny” of Logologie sounds remarkably similar, dare I say it, to the cosmic destiny of Wetmachine, at least insofar as the perfectation of man is concerned:

The cosmic destiny of the man is persuit of perfectation and not destroying
himself – though Logologie’s task is to teach this mankind in sovereignous
holistical thinking to avoid mankind’s lemmingish selfdestruction and avoid
turning this nice world into a grey,dread,dead ball drifting through the
empty space…

Why, this paragraph would find itself quite at home in my own Cheap Complex Devices:

Logologie is a religion of logics and reason,though it is against forbidding
things without any logical reasonings – it trusts more in unbiased resear-
ching and experimenting then in strictly believing dogmatically to bookish
texts written by some ancient priests or by certain ferengiish(i.e. selfish
and capitalistic) cravat wearers of “white”(i.e. officially acknowledged,but
unholistic) sciences.

Could this Logology be just what I’ve been looking for? The perfect evolutionary synthesis of Unitarian-Universalist quasi-religious humanism and computer-tinged scientistology? Follow me below the fold for stunning answer the answer!

[UPDATE: fixed a few typos and the one word “application” to “amplification”. D’oh!]

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Tales of the Sausage Factory:
So How About That New Congress?

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So how about that mid-term election? Of course, even before the dust settled, folks have scrambled to opine what changes and what happens next.

Unsurprisingly, most of the guesswork in media and telecom focuses on what we know right now – we know how Burns and Allen used to vote. We know (at least somewhat) about the priorities of likely House Commerce Chair Dingell, likely (unless he takes something else) House Telecom Subcom Chair Markey, Likely Senate Commerce Chair Inouye (who may or may not reconstitute the Telecom Subcommittee), and likely leaders Harry Reid and Nancy Pelosi (and other existing shakers and movers).

But guessing how the new Congress will tackle these issues presents a lot more complicated guessing – particularly without knowing who serves on what Committees.

My guesses, and what activists need to do to drive the agenda, below. . . .

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Inventing the Future:
Follow-up on “The Sign”

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The first night night after attaching the letter to the political sign against meanness, the sign remained. Someone had pulled it out half way to steal this second sign, but thought better of it.

The second night the same. This time the sign wires were bent, but the sign remained.

Then we went away for two days. The sign was gone. Just the twisted wires remained.

Our friend in the cause brought us another replacement without asking. Actually, she brought two. She had been watching. We’re the first house in the neighborhood and prominent. And this isn’t any neighborhood. It is a mostly green-built conservancy full of kids and parks and porches behind small setbacks. Lots of salesmen and teachers raising kids. It is also the home of the Republican candidate for State Attorney General. A former U.S. District Attorney appointed by President Bush, he funded much of his compain by mortgaging his house.

We left the twisted wires and put in the new sign. Without the letter. Wife Robin had suggested all along that we just keep replacing the sign, and she had suggested — ok, she barred me — from retaliating with email to the neighborhood and letters to the editor. I wondered if the folks who had been told by their pastors to vote against gays would appreciate this example of turning the other cheek.

Anyway, the sign remained. No one stole the third sign. Yet bucking Democratic victories state-wide, our neighbor won his bid for Attorney General, and the people of the state of LaFollette voted to ammend the constitution so as to prohibit the state from ever granting couples rights to a group that Tuesday’s voters disapproved of.

We lost. But in my way I took a stand and I feel good about that. Our next Attorney General didn’t speak out in the neighborhood nor with the press for either private property or private love. But a few folks in the neighborhood have come out and told us about how they feel good about our little play. I feel that the wonderful thing about democracy is not that we each get to cast a vote. Mathematically, that just doesn’t matter. It is that in voting we have to decide. We can just do what we’re told to, but even that is a choice. I feel like we contributed to the inner decision process of a tiny-few people on both sides. That’s not a bad thing.

My Thoughts Exactly:
Congratulations Senator-Elect Webb! Congratulations Senator-Elect Tester

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Congratulations to Senate Majority Leader Harry Reid! Great day in the Morning! Hallelujah!

Congrats of course to winners everywhere (most especially to those in the mainstream, majoritarian party, the Democratic Party). A Democratic-led House of Representatives! Speaker Nancy Pelosi! A Democratic majority in the Senate! Hoo-boy. Some hope, at last, that we may pull back from the brink.

In Virginia the Republican candidate for the Senate is the racist thug brownshirt liar George Felix Allen, and in Montana the Republican candidate for Senate is the corrupt firefighter-hating Abramoff flunky Conrad Burns. They’re backed by the full force of the Repubiican Bush/Cheney/Rove crime family, er, national party who rightly fear marginalization if not impeachment, trial and conviction if two more Democratic senators are seated, so don’t expect them to go down without a fight — a nasty, dirty, dishonest fight. But Tester and Webb and Reid are no patsies, and a fair count will prevail.

It will be easier to concentrate on my day job today. Somehow the dread is much, much less oppressive this morning.

My Thoughts Exactly:
Vote today, please

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At the end of a five-week long, and quite exhausting, business/family matters trip, I found myself watching TV in my hotel room in San Mateo, California, last Wednesday evening. Now then, sports is about the only thing I watch on TV, but during a commercial break in a really boring college football game, I stumbled upon Anderson Cooper interviewing Michael J. Fox on CNN. And I was transfixed. What struck me about Fox, apart from his obvious intelligence, passion, and wit (and of course the dyskinesia–he was swaying all over the place), was the absence of anger and vituperation. This was, you may recall, only about a week after Fox had been ridiculed by Rush Limbaugh for having Parkinson’s Disease, and interrogated by Katie Couric as to whether he was “overdoing it” for political effect. Cooper tried and failed to get a rise out of Fox; the man was clearly too focused on getting his message out to waste any time on animosity or indignation. Everything he said was positive and forward looking, even as he refuted bogus arguments of his opponents and detractors. I can’t remember Fox’s exact words, but I do remember him talking about the significance of “our franchise”, that is, our right to vote. A more stirring evocation of what we’re supposed to be all about you could hardly find. As he spoke about what our nation could and should be, I sat there thinking, “This is what a courageous patriot looks like.” I’ll tell you, I had tears coming down my face, I did. And I resolved to see if I could learn a thing or two from him about turning down the vitueration. (Which is why you have not seen me post anything yet on Ted Haggard. . .I’m thinking. . .)

Now, on the other side of the world one of my favorite writers has come back online — heartening to her fans, who feared the worst. I speak of Riverbend, of the blog Baghdad Burning. Now, when Riverbend writes, there is no check on her vituperation, nor should there be. Anyway, here’s her latest entry. Read to the last paragraph, and then, if you’re elegible to vote & have not yet done so, please go exercise that franchise. That’s what I’m going to do. Hope to see you at the polls.

Tales of the Sausage Factory:
Death of a Citizen Journalist

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This article in the Houston Chronicle discusses the death of Indymedia reporter Brad Will. You can find the official statement from Indymedia NY here.
The Chronicle article also gives a good summary of the Indy media movement and what draws people to it. Some reflections on the differences between “indy media,” “citizen journalism,” “mainstream media” and what it means to be a citizen and a journalist below.

UPDATE 11/6 — There is a Petition drive to the U.S. Ambassador to Mexico demanding that the United States request that the Mexican Government investigate the killing of Brad Will and give this incident the same wight and concern as the killing of an American journalist working for a mainstream media outlet. You can read the letter and sign here.

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Tales of the Sausage Factory:
LPFM Documentary THIS SUNDAY on the Hallmark Channel

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On Sunday, November 5, at 7 a.m. ET/PT, the Hallmark Channel is rerunning a documentary on the Low Power FM service. If you have an interest in citizen activism against mainstream corporate radio, including the potential of citizen power against the super lobbying power of the National Association of Broadcasters (shamefully assisted by National Public Radio), then I highly recommend this film.

If you have an interest in supporting Low Power Radio, then support the Prometheus Radio Project. And, I can’t help but add, if you want to support the legal efforts to help LPFM fulfill its promise, support my employer Media Access Project.

If you don’t already know about LPFM, or why you should care, see below . . .

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Inventing the Future:
To the Thief Who Has Stolen My Sign

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[Next week’s election includes an amendment to the Wisconsin state consitiution. The amendment excludes homosexuals from whatever protection they might otherwise have, in that it prohibits the legislature from granting any civil union or other benefits except for couples defined on the basis of gender. Specifically, each couple is prescribed to be one man and one woman.

A friend asked me to put up a small sign that reads “A fair Wisconsin votes No …on the civil union ban.” Two days later, the sign had been stolen from my lawn on a non-through street.

I’ve replaced the sign, and attached the following letter.

I welcome comments and improvements, as I think I might share this letter with others, the local papers, etc.]

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