Tag: law

Not Buying a Stairway to Riches

Post author By CS Admin
Post date June 24, 2016
No Comments on Not Buying a Stairway to Riches

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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Tags copyright, copyright abuse, law, lawsuit, Led Zeppelin

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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Tags Canada, law, police, seat belts, ticket

education and schooling folly ideological culture nannyism national politics & policies too much government

Toiletarianism

toilet, bathroom, trans, transgender, sex, gender, law, folly

President Obama and other politicians are taking a wide stance over the nation’s public restrooms. Important bathroom policy will finally be determined at the highest levels.

Last week, public educators nationwide received a legalistically-worded letter from the Departments of Justice and Education explaining how to legally treat transgender students under Title IX of the Civil Rights Act. CNN boiled it down to “Fall in line or face loss of federal funding.”

Friendly federal “guidance” comes after dueling lawsuits between the Feds and North Carolina over that state’s House Bill 2, which establishes statewide restroom regulations. Those regs require that transgender folks use the bathroom appropriate to the sex listed on their birth certificate (whether Kenyan, Canadian or other).

Obama wants Americans to choose the restroom matching their self-chosen “gender identity.” Conservatives seem most worried that his policy is so loosely defined as to allow non-transgender male persons to simply claim to be transgender in order to shower with the girls volley-ball team or lurk in the powder room.

“Have we gone stark raving nuts?” questioned Sen. Ted Cruz, proclaiming: “Grown adult men, strangers, should not be alone in a bathroom with little girls.”

In California, there’s legislation to force businesses to make “all single-stall public restrooms” gender neutral. “Let’s make a clear statement that, if you want to go pee, by all means help yourself,” argued the proposal’s author.

Transgender people should be treated with care and respect, as should every person. But do we really need a national bathroom policy designed for maximum division in an election year?

Before politicians solve today’s glaring non-problem in public restrooms, they should solve a real problem first.

Just one.

This is Common Sense. I’m Paul Jacob.

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Tags bathroom, folly, gender, law, sex, toilet, trans, transgender

Accountability crime and punishment moral hazard national politics & policies property rights too much government U.S. Constitution

Return to Robbery

civil asset forfeiture, asset, forfeiture, police, abuse, stealing, theft, property, Common Sense

Last week, the crooks in Washington proved themselves nice enough to let us know that their rip-off machine is back in action. The Obama Justice Department announced the resumption of the “equitable sharing” program, whereby the Feds sing Kumbaya with state and local police while sharing the loot they snatch from innocent folks through “civil asset forfeiture.”

Yes, there again is that strange three-word, legalistic, police-pocketing term: civil asset forfeiture.

Free country? Not so long as local police and federal government agencies seize people’s stuff without ever charging or convicting those people of a crime. Simply by claiming suspicion . . . about their stuff.

To get their money or property back, the victims must hire an attorney and sue the government. Guilty until proven innocent. Only those raking in the ill-gotten gains are shameless enough to defend this completely un-American practice.

Which more than doubled in use during President Obama’s first five years in office, according to The Washington Post. Today, police and various government agents actually take more value from innocent Americans through civil asset forfeiture than do burglars through burglary.

“As President Obama counts down the days of his last year in office,” the Cato Institute’s Adam Bates wrote back in January, “one positive step he could take for his legacy would be to halt the federal government’s use of civil asset forfeiture and make the suspension of the equitable sharing program permanent.”

Yet, despite Mr. Obama’s talk about criminal justice reform, and despite his ability to bring justice with a stroke of his pen (and actually within his constitutional authority), last week the Feds instead went back to business as usual, ripping people off.

This is Common Sense. I’m Paul Jacob.

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Your help in spreading the message of common sense and liberty is very much appreciated!

Tags asset forfeiture, civil asset forfeiture, corruption, crime, law, police

crime and punishment folly ideological culture responsibility too much government

Pincher, Pinchee

police, crime, law, rights, pinch, juvenile, illustration

Limited government sports several rationales. The need for it pertains on many levels. One such level we don’t think about enough? This: Not every rights violation warrants calling in the law.

Take the strange case of Breana Evans, 12-year-old assailant, charged with misdemeanor battery.

What did she do?

She pinched the gluteal posterior of a boy she did not know.

Now, pinching the butt-end of strangers is a breach not only of decorum (to the extent that this standard we call “decorum” even exists any more), but of a pinchee’s rights.

Yet it was a mere pinch.

And the boy did not press charges.

The school’s “resource deputy” did not arrest her; she was merely suspended from school.

It would have remained a minor matter (so to speak) had not the boy’s mother “insisted to police that he was the victim of battery, and so they had no choice but to arrest Breana,” as Robby Soave explained over at Reason. “She was Mirandized and put in a patrol car. They took her mugshot and booked her into juvenile detention.”

The escalation of the dispute over carnal rites and personal rights into a matter fit for the police is, it seems to me, a grave result of a sort of cultural hysteria about all sorts of things. The willingness of some adults to push children through our harsh, bureaucratic, and often ruthless criminal justice system is sad to behold.

It is more indecent than a pinch.

This is Common Sense. I’m Paul Jacob.

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Tags assault, child, children, crime, law, public schools, rights

crime and punishment general freedom moral hazard privacy property rights too much government

Taking Our Stuff Back

civil asset forfeiture, police, abuse, robbery, Common Sense

There’s been a big push for criminal justice reform, with some recent progress on civil asset forfeiture.

This is the process through which police and government agencies grab a citizen’s money or property — even if the citizen is never charged with a crime, much less convicted. Then, to get one’s stuff back, a citizen must sue to prove the stuff was innocent of being involved in criminal activity.

Asset forfeiture without a criminal conviction turns our system of justice on its head, encouraging bad behavior by police — ahem, stealing — by rewarding departments and agencies that get to keep the loot.

Reform legislation passed through an Oklahoma House committee earlier this week and now goes to the full House. Television News 9 in Oklahoma City began its report by acknowledging that, “A watered down version of the civil asset forfeiture bill has crossed another hurdle in the state Legislature.”

That’s because a bill to end civil asset forfeiture outright had already failed in the Senate. The currently pending legislation requires that citizens who sue to recover their property and win be awarded their legal fees.

It’s progress . . . but still not justice enough.

Late last month, Wyoming’s Gov. Matt Mead signed reform legislation mandating that there be a probable cause hearing before the legal forfeiture process can begin. Good. But that was after Gov. Mead vetoed a better bill, which stopped all official, convictionless snatching of stuff.

Police taking people’s stuff without having to prove a crime must be ended altogether, abolished. That means we better stop waiting for politicians. Instead, petition this important principle directly to the people — use ballot initiatives in cities and states across the country.

No time like the present.

This is Common Sense. I’m Paul Jacob.

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Tags asset forfeiture, ballot initiative, civil asset forfeiture, law, police, police abuse

Accountability general freedom government transparency initiative, referendum, and recall Regulating Protest responsibility too much government

Fake Emergencies & Genuine Democracy

Post author By CS Admin
Post date February 25, 2016
1 Comment on Fake Emergencies & Genuine Democracy

initiative, legislature, Colorado, Oregon, emergency, emergency clause

Legislators aren’t honest.

Or maybe in Colorado and Oregon they just don’t understand the meaning of words . . . like “safety” and “emergency.” (Heck, there was once a politician unsure of what the meaning of the word “is” is.)

“The state constitution gives Coloradans the power to challenge news laws through citizen initiative,” explains the Independence Institute’s Mike Krause in a recent Freedom Minute video.

In order to force a popular vote, the referendum process requires citizens to submit petitions before the “effective date” of the new law. If a law is deemed truly “vital to public peace, health and safety,” however, the legislature may add what’s known as a “safety clause.” That puts the law into immediate effect . . . thereby blocking the people’s referendum power to petition that new law to the ballot.

Krause discloses that a majority of 2015 bills passed in Colorado contained so-called safety clauses — 68 percent in the Senate and 55 percent in the House.

In Oregon, the tactic is referred to as an “emergency clause.” There, too, most bills are passed as emergencies to block any citizen response.

Tired of legislators using fake emergencies to disenfranchise voters, attorney Eric Winters drafted an initiative mandating a two-thirds vote of both House and Senate for legislation with an emergency clause. Now a grassroots coalition has formed to petition his “No More Fake Emergencies Act” onto the ballot.

Last year, The Oregonian warned that by “abusing the emergency clause” and “attacking the prerogatives of voters,” legislators were inviting “a backlash.”

Taking the initiative, citizens will stop fake emergencies with genuine democracy.

This is Common Sense. I’m Paul Jacob.

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Tags ballot initiative, Colorado, emergency clause, Initiative Rights, initiatives, law, Oregon

crime and punishment general freedom government transparency judiciary moral hazard national politics & policies property rights too much government

Government Burglars

If you try to compare those police who take people’s money and property through civil asset forfeiture laws to burglars, who rob folks in more traditional ways, you are just not being fair.

To the burglars.

The Institute for Justice recently released an updated Policing for Profit report showing that federal asset forfeiture topped $5 billion in 2014. The FBI disclosed that in that same year $3.5 billion of value was lost in burglaries.

Then, folks did the math.

Steven Greenhut’s piece at reason.com was headlined, “Cops Now Take More Than Robbers.”

At The Washington Post Wonkblog, Christopher Ingraham explained there was an especially big haul in seized assets in 2014, including $1.7 billion from Bernie Madoff. Moreover, the dollar figure for burglary doesn’t include larceny, motor vehicle theft, etc. All such theft combined totaled more than $12 billion that year.

So, law enforcement isn’t stealing quite as much from citizens as the criminals they are supposed to be protecting us from are. Sort of a backhanded compliment, though.

Recent polling finds more than 70 percent of Americans opposed to seizing assets without a criminal conviction, i.e. innocent until proven guilty, but taking cash and cars and stuff from folks never charged with or convicted of a crime has become a big business for “our” government.

When legislation to mildly reform civil forfeiture failed recently in California, Mr. Greenhut called legislators’ votes “about money, not justice.” Ferocious lobbying by the California District Attorneys Association and the California Police Chiefs warned money-grubbing legislators that budgets would take an $80 to $100 million hit.

Theft is apparently quite lucrative. Who knew?

This is Common Sense. I’m Paul Jacob.

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Tags asset forfeiture, civil asset forfeiture, law, police abuse, robbery

crime and punishment general freedom nannyism national politics & policies tax policy too much government

Not Plutonium

marijuana, legalization, Ohio, law, crime, illustration, Common Sense

If Ohioans pass Issue 3 today, the days of pot prohibition will disappear like the smoke from a wild night’s last bong hit.

That’s sorta what Nick Gillespie of Reason argued yesterday, anyway. “[I]f marijuana can be legalized in Ohio,” he wrote, “it can — and will be — legalized everywhere and the war on pot is effectively over.” Why?

Ohio is the ultimate embodiment of mythical “middle America” and a state that once plastered “the Heart of It All” on its license plates. It’s poised to become just the fifth state to legalize weed — before liberal blue states like California, Maryland, New York, Massachusetts, and perhaps most importantly, before its dark twin in college sports and economic dissipation, Michigan. Given its paradigmatic normalcy, Ohio can be the place where the drug war . . . finally goes to die.

But there is a disturbing aspect to Issue 3: “Crony Capitalism.”

The constitutional amendment would not simply legalize growth and sale, subject to regulation similar to alcohol or tobacco. Though it would legalize home growth, it stakes out a complicated limited licensing system for commercial sale, allowing for only a handful of growers in the state.

Gillespie quotes one pro-legalization activist who objects to the very idea that “any group or corporation has the exclusive right to grow marijuana and sell it. It’s not plutonium. It’s an agricultural commodity that should be regulated like one.”

A recent poll shows voters evenly split on Issue 3, but increasingly troubled that the measure creates an un-free market, a lucrative marijuana monopoly for those funding the initiative.

Today’s balloting may determine only whether voters like marijuana more than they dislike monopolies.

This is Common Sense. I’m Paul Jacob.

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Tags crime, law, legalization, marijuana, marijuana legalization, tax policy

Accountability crime and punishment general freedom responsibility

Heroism for Everybody

self defense, gun, responsibility, terrorism, collage, photomontage, JGill, Paul Jacob, Common Sense

Liberty is achieved, when it is achieved, at a price. Vigilance.

And this isn’t just an inspiring political message. It’s practical advice for extraordinary circumstances.

What’s the best thing to do if you meet a mass murderer on a rampage, or a terrorist on his mission? It may not be to merely call 911. As one counterterrorism consultant puts it, “We are conditioned to dial 911 and wait, but, in the case of an active shooter, that does not work.”

This conflict expert, Alon Stivi, went on to explain that “[m]ost casualties occur within the first ten or fifteen minutes, and police response usually is too late.”

And speaking of 911, remember that on 9/11/2001, the most successful anti-terrorist effort was by the passengers of United Airlines Flight 93.

That was heroism. It cost them their lives, but they accomplished something in that they saved lives, too.

Some people don’t like bringing this up for fear of, well, hurting some feelings. But Ari Armstrong has an answer for this:

If we avoid serious discussions about self-defense and survival tactics in cases of intended mass murder out of fear that such discussions are somehow insensitive to victims of past attacks, all we accomplish is to ensure that more people will be murdered in possible future attacks.

There is a reason we should keep ourselves fit, and alert. Who knows when we may be called upon, by circumstance, to defend not only ourselves and our loved ones, but our way of life?

Sure, this “call” is made by the unjust. But we, the just, should answer anyway.

This is Common Sense. I’m Paul Jacob.

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Tags crime, gun, guns, law, responsibility, self-defense, terrorism