Category: national politics & policies

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crime and punishment folly general freedom media and media people national politics & policies too much government

Not Buying a Stairway to Riches

Led Zeppelin, copyright, lawsuit

I am not a writer by trade. I don’t make a living off of these daily and weekly writing gigs. I give this stuff away, for free. The donations I ask for are there to cover bandwidth, website expertise, artwork, etc. They don’t cover my contributions.

But that doesn’t disqualify me from my occasional wonder and amazement (and worse) at how intellectual “property” is handled in America.

This week a Los Angeles jury found that the great rock band “Led Zeppelin did not plagiarize the opening chords of the rock epic Stairway to Heaven from the U.S. band Spirit,” the BBC reports. “It said the riff Led Zeppelin was accused of taking from Spirit’s 1967 song Taurus ‘was not intrinsically similar’ to Stairway’s opening.”

So, my surprise, and perhaps yours too, is that a riff, a mere riff, taken from one song and put into another, could be actionable at law. It seems to me that this would be like suing over an essay title (one has no private property rights to your headlines, no matter how original), or clever turn of phrase. Writers copy this stuff all the time. Even more commonly, they inadvertently regurgitate these writerly “riffs” from the far corners of their minds, or even think up these things separately.

But honestly, I didn’t think one could sue over a riff. Riffs and chord progressions vary in originality, but some of the best songs use the same three chords, so there is a lot of apparent “stealing” going on.

Thankfully, the jury wisely knew the difference between What Is and What Should Never Be.

This is Common Sense. I’m Paul Jacob.

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Led Zeppelin, copyright, lawsuit

 

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Accountability crime and punishment folly free trade & free markets general freedom ideological culture nannyism national politics & policies

Digs at the Gig Economy

Uber, Lyft, sharing, economy, HIllary, Bernie, illustration

In Texas’s progressive enclave of Austin, the government has regulated Uber and Lyft out of the city.

Massachusset’s uber*-progressive Sen. Elizabeth Warren cautions that the “much-touted virtues”of the “gig economy” that these services represent are actually dark signs of the times, providing workers a false “step in a losing effort to build some economic security in a world where all the benefits are floating to the top 10 percent.”

Vermont’s Sen. Bernie Sanders, the independent candidate for the Democratic Party’s presidential nomination, is also no fan. Why? These services are not regulated.

Sanders’s charge that these person-to-person (P2P) ride-sharing services are “unregulated” is of course the opposite of the truth. They are self-regulated for safety and efficiency in ways that taxi services never were. How much extra value did governments add, with their regulations of the taxicab industry? They just reduced competition and made cabs more expensive.

P2P online cooperation is revolutionary. And “progressives” are stuck in the past, itching to suppress that revolution. “Initially,” writes Jared Meyer in the July issue of Reason, “hostility mostly came from state and municipal governments, at the behest of local special interests.” But as the services became more popular, opposition shifted. To the national Democrats like Sanders, Warren and . . . Hillary Clinton. She promises to “crack down on bosses who exploit employees by misclassifying them as contractors or even steal their wages.”

Par for the course: the Internet provides more opportunity than ever, and all some progressives see are the old socialist fears of “exploitation” and “greed” . . . while they greedily suck up to unions and special interests.

The bright side, Meyer argues, is that they are on the losing side.

This is Common Sense. I’m Paul Jacob.

 

*I guess the pun here is intended. Or not. You choose, P2P style.

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Accountability ideological culture media and media people nannyism national politics & policies property rights responsibility

The Climate Cassandra

Global warming, climate change, illustration

Thirty years ago, in June, 1986, the Senate Environment and Public Works Committee met to consider the problems of ozone depletion, the greenhouse effect, and climate change.

Present at those hearings was today’s climate Cassandra, James Hansen, then of the Goddard Institute of Space Studies. And he was predicting that “global temperatures should be nearly 2 degrees higher in 20 years,” according to Associated Press reporting at that time.

There was some sloppiness either in Hansen’s account, or the AP’s, for in one part of his testimony Hansen claimed that his institute’s climate models projected, for “the region of the United States, the warming 30 years from now is about 1 1/2 degrees C, which is about 3 F.”

Ronald Bailey, the science writer over at Reason, tries to make sense of this mess of numbers, models, and predictions.

Oh, and actual, tabulated results.

Hansen’s predictions went, as Bailey put it, “definitively off the rails when tracking the temperature trend for the contiguous U.S. between 2000 and 2016. Since 2000, according to the NOAA calculator, the average temperature trend has been downward at -0.06 F degree per decade.”

That’s not the whole picture, though: “global temperatures have increased by 0.51 C degree since 1986, so perhaps the man-made global warming signal has finally emerged.”

No matter, though, as Bailey notes, “the United States and the Earth have warmed at considerably slower pace than Hansen predicted 30 years ago.”

Which suggests that Hansen’s models may be inspired more by wish, fear, and ideology than genuine science.

So, to those who wish to rush to “do something” (anything?) to combat “climate change,” take it slow. Follow the pace of the Earth itself.

This is Common Sense. I’m Paul Jacob.

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Global warming, climate change, illustration

 

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Accountability crime and punishment general freedom national politics & policies too much government

What Doesn’t Fly

Omar Mir Seddique Mateen

After the Orlando massacre, isn’t it finally time to get guns out of the hands of . . . licensed security guards?

Omar Mir Seddique Mateen, who murdered 49 people and wounded 53 others in the Pulse nightclub, worked for the globe’s largest security firm, Britain’s G4S. He passed two background checks conducted by the company, and his government credentials included “a Florida state-issued security guard license and a security guard firearms license.”

Not to mention that Omar Mateen was twice investigated by the FBI — in 2013 and again in 2014 — and cleared by the agency both times. Though on the terrorist watch list for a while, he was removed from that list after the FBI closed its investigations.

So we need more and tougher background checks? Must the FBI check every gun purchaser three times, is that the charm?

Even if the Feds blocked gun sales to those on the terrorist watch list and the “no-fly” list, it wouldn’t have affected Mateen, for he wasn’t on these lists when he purchased his Sig MCX.

Nevertheless, Connecticut Sen. Chris Murphy led a 14-hour filibuster to bring attention to his gun control legislation . . . that wouldn’t have stopped the Orlando massacre . . . or the shooting in Newtown.

“I will be meeting with the NRA, who has endorsed me,” tweeted Donald Trump, the presumptive GOP presidential nominee, “about not allowing people on the terrorist watch list, or the no fly list, to buy guns.”

If our government ever uses a secret list developed by security agencies to deny citizens their rights, without due legal process, without innocence until proven guilty, we will sorely need our Second Amendment rights.

This is Common Sense. I’m Paul Jacob.

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Omar Mir Seddique Mateen

 

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general freedom ideological culture moral hazard national politics & policies The Draft U.S. Constitution

Equal or Free?

draft, conscription, women, servitude, military, illustration

On Tuesday, the Senate voted to force American women, in their early years, to register for the draft.

Just like men have been required to do since 1980.

The White House threatens to veto the bill, though perhaps on other grounds, since the bill also, in the words of Richard Lardner (AP), “authorizes $602 billion in military spending, bars shuttering the prison at Guantanamo Bay, Cuba, and denies the Pentagon’s bid to start a new round of military base closings.”

The Senate’s social conservative ranks made the whole process leading up to the vote difficult for the mainliners, like Sen. John “Maverick” McCain, who is enthusiastic about registering women. Sen. Ted Cruz expressed alarm at the direction “sexual equality” is taking, and didn’t want to see “girls drafted onto the front lines.”

Decades ago, the Supreme Court had nixed a challenge to draft registration on discrimination lines, reasoning that since women weren’t allowed onto the front lines, there was no cause to force them to register for military conscription.

But now there are women in combat positions. So the old ruling no longer applies. If draft registration isn’t expanded to women, it’s likely to be struck down for men.

We have no draft, we are reminded, mere registration — which our government keeps in place mainly to remind men that they may be drafted.

In the House version of the bill, there’s no draft registration amendment. So there will be negotiations. Maybe a compromise can be reached where neither young men nor women face a military draft* or, likewise, signing up for one.

This is Common Sense. I’m Paul Jacob.

 

* For more on why to oppose the draft, see my essay “The Draft Is Slavery” in J. Neil Schulman, The Rainbow Cadenza, pulpless.com edition (1999).

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draft, conscription, women, servitude, military, illustration

 

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Accountability crime and punishment general freedom nannyism national politics & policies

Beggar Thy Philanthropist

seatbelt, trap, police, Regina, Saskatchewan, illustration

Making up petty rules and enforcing them is one thing governments do well.

On Monday I warned about the dangers of asking too much from government. I think, today, I’ll make the opposite warning: of not asking enough.

Mandatory seatbelt laws were enacted (sometimes by citizens initiative and referendum) to save people’s lives. But the reason many police and local jurisdictions like these laws is that it gives them a chance to engage in shakedowns, entrapping citizens into non-compliance, and then socking them with fines.

In Regina, Saskatchewan, a man pulled up to an intersection and saw a down-and-outer with a sign. He felt sorry for him, so, as he pulled up, he unbuckled his seat belt and pulled three bucks in change out of his pocket. And dropped the three dollars on the curb.

A few moments later, police stopped him, and handed him a ticket. The “homeless guy” with the sign turned out to have been an undercover cop, and the few moments without a seat belt was enough to charge our philanthropist $175 Canadian.

Though an obviously preposterous misuse of police time and attention, and an abuse of the citizenry, Regina’s police force remains adamantine, claiming that “this is nothing new. It’s part of a project that has police watching for traffic violations at intersections.”

Because this sort of thing only hits people almost at random, but the benefits are concentrated on police coffers, it’s hard to organize against such nonsense. Which is precisely why such nonsense goes on.

Still, we must prevent such abuse at the local level, if we’re ever to control the federal leviathan.

This is Common Sense. I’m Paul Jacob.

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seatbelt, trap, police, Regina, Saskatchewan, illustration

 

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Accountability government transparency moral hazard national politics & policies

Secrecy, Conspiracy, and the Sauds

secrets, government, Saudi, 911, conspiracy, illustration

The U. S. cleaves to some bizarre security standards. That is, about secrecy. Critics have been complaining for years about how “liberal” the federal government is in classifying information as secret. Or, put another way, how stingy the government is in providing us with information.

Not liberal at all.

This problem inhabits every nook and cranny of official Washington. But it’s most obvious in the case of 2002’s 9/11 report, from which 28 pages were removed. For reasons of state secrets. And that, as the BBC related this weekend, is the likely cause of much suspicion against Saudi Arabia.

Saudi Arabia? Yes. The country whose sands were walked upon by Mohammad, the Prophet, is also the country that gave birth to 15 of the 18 terrorist skyjackers, as well as spreading the Wahabist spin on jihad throughout the Islamic world.

So, by withholding portions of the report from the public, the government fed the flame of conjecture. And with it, the belief in a Saud conspiracy and a Bush and Obama cover-up.

The withholding of information does not give us a univocal perspective. We don’t know what is being kept from our eyes and ears. So when I read the BBC report, which stated that the “probable publication” of the previously classified parts “will clear Saudi Arabia of any responsibility, CIA chief John Brennan has said,” I get suspicious.

Good, if true. But the timing of this Brennan opinion, on the weekend of the Orlando massacre?

Stinks of spin and deflection by the government, against us . . . who wonder, not without reason, about “conspiracies.”

Should we trust the newly de-classified segments?

This is Common Sense. I’m Paul Jacob.

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secrets, government, Saudi, 911, conspiracy, illustration

 

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folly general freedom ideological culture meme moral hazard national politics & policies

Nobody Could Make This Stuff Up

Orlando shooting, gun violence, gun control, meme, illustration

Today’s headline:

Radical Islamist Stages Gun Massacre in LGBT Nightclub!

Caring Progressives Demand that American Citizens be Disarmed!

 

Orlando shooting, gun violence, gun control, meme, illustration

 

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Accountability crime and punishment folly government transparency insider corruption national politics & policies

This Too Shall Pass

teflon, white house, Hillary Clinton, Obama, corruption, illustration

We are living in what I hope are the latter days of the Watergate Era.

I’m old enough to remember Watergate. The un-making of President Nixon, before our very eyes, informed Americans in a deep and profound way. It led, in part, to the election of Jimmy Carter, often referred to as one of the least effectual presidents. And the Carter presidency led to Ronald Reagan.

While living under Watergate’s dark shadow, not all of us took away the same lesson.

We outsiders learned, once again, that power corrupts.

Insiders, on the other hand, learned something different: never willingly play a part in your side’s unmasking and un-making.

We tend to forget, what with the economic rebound and end of the Cold War, that the Reagan Administration had significant scandals. At the time, Reagan was dubbed the “Teflon President,” because Reagan & Co. figured out how to react: shrug; stall; deny, deny, deny. For this reason, scandal flowed off him, not sticking, as water off a well-oiled duck’s back.

Reagan and the Republicans did not allow what Republicans had allowed in Nixon’s day: there was no turning on one’s own, no (or few) breaking of ranks.

Then, President Bill Clinton took the effrontery of denial and stonewalling to new heights. With great help from fellow Democrats.

And so it goes, even to the present day, with Hillary Clinton carrying on her husband’s tradition. She, the first candidate to run for the presidency while under official investigation by the FBI, just received the current president’s endorsement.

The back-room deal has been made, perhaps? Obama will not allow Hillary to be prosecuted. It would tarnish his legacy.

This is Common Sense. I’m Paul Jacob.

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teflon, white house, Hillary Clinton, Obama, corruption, illustration

 

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Accountability crime and punishment general freedom moral hazard nannyism national politics & policies privacy property rights

A New Way to Steal

ERAD, gift card, civil asset, forfeiture, stealing, theft, drug war

The fight against government theft of private property, through “civil forfeiture,” just got a little harder.

There’s a new technology available: ERAD card scanners.

And the Oklahoma City Police Department’s joint interdiction team has them, and can use the scanners to take money from you without your consent.

What money, in particular? The money you have stored in pre-paid debit cards.

ERAD stands for Electronic Recovery and Access to Data, and the ERAD Group, Inc., stands to make a lot of cash from the technology. Police around the country want to be able to take the funds secured in debit cards. It’s the latest thing in the war against the war against the War on Drugs.

Drug traffickers, we’re told, hide dozens of such cards in vehicles transporting drugs.

It’s not enough that police can, in the course of investigating a crime — without conviction, mind you; indeed, without charges being filed — confiscate the cards themselves.

The police also want to be able to siphon the money out of those cards.

Which leads to corruption. Which is already rife in civil forfeiture usage, as a recent Oklahoma state audit found — missing money, misused funds, that sort of thing.

The cavalier way in which government officials defend expropriation by ERAD scanners is chilling. In an Oklahoma Watch article, reporter Clifford Adcock relates the official explanation: “These cards are cash, not bank accounts. . . . Individuals do not have privacy rights with magnetic stripe cards.” Why not? Because the information on the strip “literally has no purpose other than to be provided to others to read.”

That’s so open to logical criticism you could drive a confiscated truck fleet through it.

This is Common Sense. I’m Paul Jacob.

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ERAD, gift card, civil asset, forfeiture, stealing, theft, drug war