Supreme Court denies Barbie case

The Supreme Court today denied MCA's petition to hear its appeal regarding the Barbie Girl case. As you might recall, Mattel sued MCA saying the record label violated Mattel's Barbie trademarks. MCA won in lower courts on grounds that Barbie Girl is a clear parody. More here.
January 28, 2003 07:07 PM
Intellectual freedom, privacy, etc.
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Lasica on RSS and News Aggregation

J. D. Lasica, from Online Journalism Review, writes on the growing popularity of RSS feeds and news aggregators. You've seen me talk a little about implementing an aggregator to help keep this Web log updated, but I never really explained it. Lasica sets it all straight.
January 25, 2003 10:35 AM
Weblog administrivia
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Gawker

Gawker is a Manhattan weblog magazine edited by Elizabeth Spiers, designed by Jason Kottke and published by Nick Denton. It is a live review of city news, and by news we mean, among other things, urban dating rituals, no-ropes social climbing, Condé Nastiness, downwardly-mobile i-bankers, real estate porn -- the serious stuff.

Funny, snarky, and full of stuff I can barely hope to do or see.
January 25, 2003 10:29 AM
Webjunk
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Congress sets limits on TIA

Both Parties Wary of Data Mining. An amendment to a spending bill that requires the Pentagon to spill the beans to Congress on its Total Information Awareness project gets bipartisan support. Privacy advocates see it as a step in the right direction. By Ryan Singel. [Wired News]

Strange. I'd post this article just for its content, but you might remember that its writer, Ryan Singel, is my cousin. Worlds colliding and all that.
January 25, 2003 09:43 AM
Intellectual freedom, privacy, etc.
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Economist calls for copyright overhaul

Copyrights: a radical rethink Dramatically shorter terms--possibly even 14 years with one renewal--but with a price: stringent enforcement of copy-protection laws. I'd accept that tradeoff, but only as long as copying for fair use were still possible.
January 23, 2003 08:07 PM
Intellectual freedom, privacy, etc.
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Eleven-digit dialing?

11-Digit Local Dialing Starts in New York City on Feb. 1. New Yorkers will have to start using an area code when calling a local telephone number, even if it is in the same area code. By Lydia Polgreen. [New York Times: Technology]

I'd gripe about this, but of the 30 or so New York numbers programmed into my cell phone, fewer than half are in my area code, when you consider the 212 numbers for Manhattanites and all the various cell-phone area codes. So, y'know. No whining from me.
January 21, 2003 06:31 PM
NYC news
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Roommate site spams users?

Clients of Roommate Service Report E-Mail Barrage of Holocaust Revisionism. Users of a well-known roommate-matching service in Manhattan say that after signing up with the service they began receiving e-mail messages from a Holocaust-revisionist Web site run by the service's founder. By David F. Gallagher. [New York Times: Technology]

This seems pretty vile; you can bet when it comes time to move from here, I won't be using that service.
January 20, 2003 08:51 AM
NYC news
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Neuroscience of Suicide

Scientific American has a well-written and informative article about brain research into the causes of suicidal behavior. Researchers seem closer and closer to determining the neurological causes and possibly developing new treatments to prevent suicide.
January 19, 2003 10:31 AM
Science and technology
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NYPL: Image Gate

Image Gate is pretty damn cool. I especially like the photos showing the construction of the Holland Tunnel. The pictures aren't all NYC-specific, though. There are collections of cigarette cards, portraits of Native Americans, and maps of the mid-Atlantic region, among other collections. From the Image Gate Web site:

Image Gate is The New York Public Library's first full working version of its new digital image database. Image Gate provides free and open access to thousands of The New York Public Library's digitized images, taken from the Research Libraries' collections. At its inception, the Image Gate database contains approximately 80,000 images spanning a wide range of subjects. This number will grow as The Library digitizes more images; this phased rollout will end in 2004, when the site will include more than 600,000 images. Image Gate demonstrates the rich potential for discovery in The Library's vast international collections of prints, drawings, photographs, illuminated manuscripts, rare books, maps, popular graphics and printed ephemera.

January 18, 2003 12:55 PM
Libraries and librarianship / NYC photos
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Tax on the poor?

Critique of Lessig's Copyright Tax Suggestion [GrepLaw] Some say Lessig's "compromise" punishes the poor. I wonder, though: Will my kids even know I had a Web log, let alone ever choose to protect its copyright?
January 18, 2003 12:23 PM
Intellectual freedom, privacy, etc.
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The Eldred Compromise

Here's an idea: According to Justice Breyer, in his dissent to the Eldred decision, only 2% of work copyrighted between 1923 and 1942 is currently being commercially exploited. That means the remaining 98%--books, music, movies, etc.--is commercially unavailable. Anyone who wants to use that work in any way must find the original copyright holder to first secure permissions before that material in any form. So if you run a film archive, and you want to restore and present a film from 1928, you must first find the current copyright holder. But what do you do if that copyright holder is dead, and his or her estate is unreachable? Larry Lessig (yes, him again) offers a compromise: Require copyright holders to pay a small tax--Lessig suggest 50 bucks--to reregister a copyright 50 years after a work is published. The name and contact information of that copyright holder then goes on record. If the copyright holder fails to pay this tax for three consecutive years, the work enters the public domain. This provides artists or musicians or filmmakers or writers an easy way to determine who holds copyright to a work and seek permission to exploit that work in some way. This also protects the 2% of work that is commercially exploitable, while allowing the other 98% to enter the public domain.
January 18, 2003 12:18 PM
Intellectual freedom, privacy, etc.
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Persecuting Pee-wee

Richard Goldstein writes in this week's Village Voice about the recent arrest of actor Paul Reubens on child-porn charges. It's an interesting article that I urge you to read. If Goldstein's sources are correct regarding the evidence against Reubens, the case, from an ethical perspective, seems pretty shaky. Goldstein explains that Reubens collects vintage erotica--photographs and magazines, most of it gay, from the 1940s, 1950s, and 1960s. I might add here that similar materials exist in the archives of IU's Kinsey Institute. Goldstein writes:

...Most of Reubens's collection would be considered softcore by current standards, but nestled among the many portraits of naked bronco busters and javelin throwers in posing straps—typical of the types that graced the pages of physique magazines—were a few dozen photos that could be contraband today, though they were quite legal when they first appeared.

During the '50s and '60s, no one was concerned that some models were underage, since they weren't shown having sex or even engaging in what tea-room graffiti of that era called "showing hard." Today these same images would qualify as child porn under a standard that has expanded so that it now includes not just hardcore images but photos of anyone under 18 displaying "sexual coyness" or a "lascivious" intent. As a collector of physique pictorials, Reubens could well possess such photos, because they were part of the mix.

[Physique magazines, I learned during a visit to the NYC Museum of Sex, were published as sort of above-ground gay porn. Physique mags depicted bodybuilders posing in such a way as to show off their musculature. Buyers were predominantly gay males.] Now, among Reubens's collection, Goldstein writes, "is what someone close to the defense describes as 'a few minutes of grainy footage' featuring teenage boys masturbating or having oral sex." Goldstein then asks whether Pee-wee knew this material was in his collection. Child-porn statutes generally require foreknowledge that material purchased violates the law. In this case, I suppose, ignorance of the law is an excuse. Goldstein at this point draws back from Reubens to consider a larger context. He mentions archivists who purchase entire collections without stopping to first examine every piece in what might be thousands of images. Archivists, as a rule, archive. To destroy once-legal material based on today's standards is "repugnant" to most archivists. Goldstein then steps back farther: "Is our obsession with child porn creating a climate where kids are commonly regarded as sex objects?" He doesn't use this example, but I will: Remember Miss Coppertone, the young girl from the Coppertone ads whose backside is exposed when a little dog pulls down her bathing suit? That image used to seem charming. Now, repeated news reports of pedophilia and child-porn arrests make that a little creepy. Don't believe me? Here's a link to an early version of the ad: http://www.mutoworld.com/BallentyneCoppertone.htm Now glance at the updated version on the Coppertone site: http://www.coppertone.com/ Oooooh. No more little-girl buttcrack.
January 16, 2003 10:57 PM
Intellectual freedom, privacy, etc.
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EFF seeks noms for Pioneer Awards

From the EFF Web site:

The Electronic Frontier Foundation established the Pioneer Awards to recognize leaders on the electronic frontier who are extending freedom and innovation in the realm of information technology.

The International Pioneer Awards nominations are open to both individuals and organizations from any country.

I attended the Pioneer ceremony in San Francisco last year, and I hope to be there again this year in NYC. Did you realize that I've met (or just seen in person without meeting) many of the people about whom I blog?
January 16, 2003 10:20 PM
Intellectual freedom, privacy, etc.
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NYT on Eldred

20-Year Extension of Existing Copyrights Is Upheld. The Supreme Court ruled that the extension Congress granted to all existing copyrights might have been bad policy but fell within Congress's authority. By Linda Greenhouse. [New York Times: Technology]

The Times piece has the advantage of less opining and more fact. I've really linked only to commentary up to now and not straight reporting. Justices Breyer and Stevens dissented in this 7-2 opinion. Anyone who's followed Justice Breyer's career even superficially (that'd be me, of course) should be unsurprised by his dissent. Breyer makes a powerful case against copyright extension in his 1970 Harvard Law Review article, "The Uneasy Case for Copyright: A Study of Copyright in Books, Photocopies, and Computer Programs," (84 Harv. L. Rev. 281).
January 16, 2003 10:15 PM
Intellectual freedom, privacy, etc.
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Or, as Dan Gillmor puts it...

"...when Congress authorizes the entertainment industry to steal from you -- well, that's the American way." Full story

January 16, 2003 10:07 PM
Intellectual freedom, privacy, etc.
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Effect of Eldred ruling on public domain

Court Deaf to Public-Domain Pleas. The Supreme Court's decisive ruling to uphold a law extending copyrights for 20 years will force public-domain advocates to compete ever more fiercely with the powerful entertainment lobby. Michael Grebb reports from Washington. [Wired News]

I have to keep bringing this up, because it's important. In 1881, Carlo Lorenzini published The Adventures of Pinocchio. Pretend for a moment that current American copyright law applied, internationally, to work published in Italy. Pinocchio would be protected for the life of the author, plus 70 years. Lorenzini died 1890. Under current copyright law, Pinocchio would have entered the public domain in 1960. The lovable puppet, however, was free of copyright restrictions in 1940, when Disney adapted the book into an animated film. Disney and other movie studios have tapped deep into the public-domain well for over a century. Now, they've won a battle to keep you and me from the doing the same.
January 16, 2003 10:04 PM
Intellectual freedom, privacy, etc.
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Supreme Court finds against Eldred

Eldred lost. I'd post more, but I'm hungry and I have comics to read. More later. Meanwhile, Larry Lessig, lead attorney in the case, has preliminary comments here along with links to the majority opinion and the two dissents. I'm going to read these opinions, by damn, although I can't guarantee I'll have anything smart to say in response.
January 15, 2003 07:47 PM
Intellectual freedom, privacy, etc.
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Content providers and tech groups reach compromise

Music and Computer Companies Agree on Antipiracy Plan. The big record companies said today that they would not seek government intervention to prevent digital piracy. By Amy Harmon. [New York Times: Technology]

But really, does this change anything?
January 14, 2003 07:04 PM
Intellectual freedom, privacy, etc.
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Blogspot blocked by Chinese

China blocks bloggers' sites [New Scientist] China's blocked the Blogspot domain. Anna, you out there? I guess you're now censored in China. Congratulations!
January 14, 2003 07:00 PM
Intellectual freedom, privacy, etc.
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Doctorow responds to Gillmor

I posted earlier about Dan Gillmor's optimism regarding the copyright cartel. Cory Doctorow's a little more downbeat.
January 14, 2003 06:58 PM
Intellectual freedom, privacy, etc.
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SpeechZilla vs. Trademark Kong

First came Victoria's Secret. Next up on the U.S. Supreme Court's trademark agenda: Barbie dolls.

At its private conference on Jan. 24, the Supreme Court will consider whether to grant review in dozens of cases including Mattel Inc. v. MCA Records Inc., No. 02-633. The Court will also meet in conference Jan. 17.

Mattel, which has manufactured and sold Barbie dolls since 1959, is asking the Supreme Court to reverse a ruling by the 9th U.S. Circuit Court of Appeals that said MCA did not infringe the Barbie trademark when it marketed a Danish rock group's song "Barbie Girl."

Full article here. Does anyone remember that dumb song? These Goliath vs. Goliath battles are interesting to watch.
January 12, 2003 12:29 PM
Intellectual freedom, privacy, etc.
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Cartel's copyright control loosening

LAS VEGAS - For several days last week, the cavernous convention halls here became battlefields in the copyright wars. On balance, the entertainment cartel didn't seem to be doing very well. full article

Dan Gillmor comments on new products, pending legislation, and court cases that appear to be weakening the hand of the copyright cartel.
January 12, 2003 12:22 PM
Intellectual freedom, privacy, etc.
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Pete Townshend, pedophile?

I'm no paedophile, says Who star. Pete Townshend admits downloading child porn but says it was for research, amid reports a rock star's details were passed to police. [BBC News | Front Page | UK Edition]

Crazy thing is, I really want to believe him.
January 12, 2003 12:16 PM
Music
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Women and computer science

Where the Girls Aren't. Computer science has become the new math -- boys only. Is it nature or conditioning? By Karen Stabiner. [New York Times: Technology]

January 12, 2003 12:13 PM
Science and technology
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Cleveland turns to eBooks

Cleveland library to launch eBook system. The new eBook collection, believed to be the first of its kind in a public library, will let people download publications onto their PCs and PDAs. [CNET News.com]
January 6, 2003 07:20 PM
Libraries and librarianship
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Crawfish, jazz, rum butter, and hot barmaids

Updates have slacked off a bit. Anna, in all her kookiest of mojos, has been visiting from London, and it's kept me pretty busy. We met up with Todd and Lauren and Lorna and Jeff on Saturday evening for a trip up to Harlem to dine at Bayou and then drink at Lenox Lounge. Bayou's a charming Louisiana-themed place, with yummy food and a nice wine list. I ordered the etouffee, which was good, but not nearly as delish as what I had when visiting Louisiana back in March. Still, it's worth many repeated visits; the menu has much I'd like to sample. After dining and dessert and drinks, we left Bayou and wandered over to Lenox Lounge, a historic and groovy art deco club with an impressive history. Entering the back room required a twenty-dollar cover, so we were content to sit in the front and drink. Sean and, later, Brendan joined us, so we had a nice group going for drinks and laughs. I'm happy I got over my low-level Harlem phobia; what I saw seemed safe. Anna and I arrived early, so we walked up and down Lenox Ave. a bit. At one point, this guy walked past us, got a good look at Anna, and said, "Damn, I DO love Harlem!" We arranged to meet Lorna, Jeff, Todd, and Lauren the next morning for brunch. As we were heading in to the city, though, Lorna called to beg off. She and Jeff were driving back to Pennsylvania and had to be home earlier than they expected because of babysitter issues. But we met Lauren and Todd on the Lower East Side and brunched at 7A Cafe. Bloody Marys, Mimosas, lots of coffee, delish rum butter, and waffles and pancakes and steak and eggs and did I mention lots of coffee? We followed that up with some meanderings through the funky boutiques and shops on St. Mark's Place, and then we walked down to The Library for drinks and Two Boots pizza in a dark bar. The Library's a great bar: hot barmaids, cheap drinks, books, and a huge projection teevee with funky B movies. I love New York.
January 6, 2003 07:09 PM
NYC news
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Global media?

Global Media. Big media barons are routinely accused of dominating markets, dumbing down the news to plump up the bottom line, and forcing U.S. content on world audiences. But these companies are not as big, bad, dominant, or American as critics claim. And company size is largely irrelevant to many of the problems facing today's Fourth Estate. By Benjamin Compaine. [Foreign Policy]

Well-reasoned, well-researched. Worth a look.
January 6, 2003 06:48 PM
Media and pop cult
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NYC NYE

Tonight, the Madagascar Institute was supposed to a host a New Year's Eve party in Brooklyn. The last time Madagascar hosted a party, it was busted by the police after about four hours. Tonight topped that considerably. This party held lots of promise:

We are aiming for quality over quantity for this party. It will be fun, and you will meet someone new, and you will be kissed by a stranger, and you will be frightened, and exhilarated, and leave as dawn pinks the sky, your hair smelling faintly of gunpowder, tiredly smiling, aglow with the realization of what is possible and if that is not the best way to start a new year off right then eat some glass or move to Massachusetts, cause you have no hope.

But instead of mashing lips with a stranger, I'm sitting in my apartment, eating a cheeseburger and fries and drinking beer. How did this come to pass, you might ask. After bathing and shaving and brushing and flossing and perfuming and dressing, I headed out to the party. I arrived at Franklin and Bergen a little after 11 and saw several dozen people waiting outside to get in. The venue, or, I should say, the planned venue, was a converted warehouse turned artists' loft space. It didn't look like much, but hell, all it had to do was hold a party. As I neared the door, a man left the building, saying, "They can't let anyone in yet. There's a problem with the permits. You might as well wait." At that point, police and fire arrived. Cops and firemen shoved into the building and revelers hung out, waiting to see what would happen. I finally made it inside, but still only into a little holding area in the front. An organizer said, "Move into the next room if you want to get into the party. The people in there were the first ones here, so if you want in, get in line behind them." I followed her orders. I also made sure to stand near four hot young women who seemed unaccompanied, so that when it came time for kissing, I'd have my pick of the litter. We waited and waited and waited. Finally, another wave of cops came inside. Next I knew, one of the organizers came downstairs to where we were and said, "I'm sorry, the party's cancelled, you'll all have to leave." I went outside and pondered what to do next. A beautiful brunette approached and asked what was going on. I explained what'd happened. She thought for a moment and said, "Hmmmm, plan B, plan B." I was almost shameless enough to say, "Can I be your plan B?" Almost. I then left, wondering what my plan B was. I went to the C station at Franklin. On the way, I heard a woman explain, "They were busted because they didn't have the right lighting permits." This was a party with a pyrotechnic display, an open bar, food, a DJ, and a dance floor. And they were busted for having the wrong lighting permit. I entered Franklin station and waited on the platform with about fifty other disappointed wannabe partiers. We piled onto the train. A group near me announced they were heading to the High Street station and walking across the Brooklyn Bridge. "Everyone's welcome!" I thought that sounded good, especially since I thought one of the women in that group was pretty cute. But then, when the train pulled into Hoyt-Schermerhorn, a wave of partiers left. On the platform, one pointed ahead of him and shouted back to the train, "Party at that guy's place!" The Brooklyn Bridge kids followed the Hoyt crowd and I thought about following also. I thought too long, for the doors closed before I could move out. So I sat, pretty much alone, on the train. When it pulled into Jay St.-Borough Hall, I crossed platforms and waited for a Brooklyn-bound F. When the F finally arrived, I looked at my watch: 11:51. I knew I'd be seeing in 2003 on the F train. I entered the train and saw a family of six seated around and across from a couple. Nearby sat a pretty blonde. As I walked on, they were conferring about the time: "I have eight minutes 'til." "I have six." "I have seven." I sat near the hot blonde--of course--and sort of made eyes at her. I think I was hoping--hell, I know I was hoping--that at the stroke of midnight she'd suddenly want nothing more than to kiss a bald man. Alas, she exited at Carroll Street, at approximately 11:58pm. Right as we pulled out from Carroll and started above ground, the conductor announced, "Ladies and gentlemen, it is now 12:00. Happy New Year!" The family and the couple let out a cheer and began clapping. Prospect Park was supposed to be having a fireworks display, so I got up from my seat and looked over in that direction. To my right, the mom had a couple of her kids at the other window and was pointing out to them the Statue of Liberty. Right then, we heard a loud crack and saw a white fountain of fire cascading up from direction of Prospect Park. Everyone started smiling and clapping. All in all, I guess it wasn't a bad way to bring in a new year, even if it's not at all what I was hoping for.
January 1, 2003 01:22 AM
NYC news
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main stuff
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