derivative work

planet simpson details the licensing woes he underwent in writing a book about The Simpsons. the problems were not with The Simpsons, but with the use of a few of Radiohead’s lyrics. Not to blame radiohead but their licensing apparatus.

11/29 update: not surprising but the Supreme Court denied a cert petition to overturn the Mass marriage ruling. [cnn 11/29]

I always like to see non-usual-suspect rants about IP, so here’s one from critical montages [11/27] (you’ll have to go there to see the insightful links)
No Sharing
Ever notice the Waffle House menu’s insistence that Double Waffle is for “dine-in only, no sharing”? A common prohibition at low-end restaurants, it’s also a small-print reminder of what [...]

The Christian Right and the Sanctity of Marriage
As we all know, the Christian Right has now made defense of the institution of marriage, as defined as a union of a man and woman, not only its top political priority, but the very touchstone of Christian moral responsibility.
I’ve always found this rather ironic, since the [...]

Australia & the US continue to work on the bilateral Free Trade Agreement. Australia is now set to implement a notice-and-takedown rules despite criticism of their impact in the US. [news.com.au 11/30]

Another due process victory — the RIAA can’t sue the nation en masse, even if they do think it’s cheaper by the dozen/gross/other large [...]

i’ll be interested to see how the conservative, pro-federalism, pro-states’ rights, GOP-run government (and the conservative intelligentsia which carries their theoretical water) handles some of the upcoming challenges to federalism:

medical marijuana laws
state & regional initiatives on global warming: for instance, California’s mandatory cap on greenhouse-gas emissions will have to be signed off on by the [...]

this week’s splash article: the decline of brands by james surowiecki [wired nov 04] … could it be that information overload has become brand overload? [cited in boingboing]
On the Net: Afraid of the Darknet by James Patrick Kelly, in Asimov’s
new yorker article on plagiarism [11/22 new yorker]
Waxy.org: Daily Log: Disney Suppressing the Kleptones [kleptones' [...]

I was sad to see how many different groups jumped in on the Grokster cert. petition (asking to grant cert). [EFF's Grokster page] Our amicus (telling the court to deny cert) looks pretty lonely in comparison.
Our brief addresses what two of what I think are the four possible reasons to take the [...]

And in more bad news from the AP [11/10], the Arctic is melting.

Dan Savage’s 11/10 column advises us to enjoy our urban islands and hold out for midterm elections, being grateful that the Republicans will have no one else to blame but themselves.
If that doesn’t work:
But, hey, if this cold-comfort analysis is wrong, SSF, if we all live to regret the gay marriage issue [...]

Publishers Oppose Plan For Free Access To Scientific Research, WSJ, 10/28/2004
The NIH is still taking comments on the plan thru 11/16.

Yes, Virginia, IP-rights infringers are as dangerous and evil as terrorists.
Oh yes. How glad I am that the government is protecting our citizenry by enforcing trademark & copyrights.
DHS bravely steps forward to protect us from Rubik’s Cubes. 10/28, The Oregonian.

Forget Grokster, which is the entertainment industry’s attempt to get Sony reviewed & overturned, by trying to generate a circuit split out of the dicta in Aimster.
An actual circuit split in the making is on sampling, with the Beastie Boys’ 9th circuit decision today declining to reconsider its Nov. 4, 2003, decision (Newton v. [...]

one suggestion: call them leviticans
i kinda like it, but discussion over on making light points out that there are folks who follow leviticus faithfully and not selectively / hypocritically.
maybe levitican christians? but no, that’s two words, and doesn’t get at the point.
the point being that the people (a) call themselves christians; (b) [...]

For years, I’ve instinctively loathed the electoral college for its antidemocratic origins and effects. This year there have been some interesting discussions & defenses, some of which I am memorializing here …

No, it’s not fanfic about Bigfoot & Yeti, together at last. Bobby “Boris” Pickett remakes “Monster Mash” to point out Bush’s slash & burn environmental policies. See monsterslash.org
Lyrics:

We were hiking in the forest late one night
When our eyes beheld an eerie sight
Our president appeared and began to frown
Then he and his friends [...]

Sex research is stigmatized. [nyt 11/9] Yeah, not least because of the Bush Administration.

Microsoft settles antitrust suit by Novell for $536M. [nyt 11/9]

FCC asserts federal control over VOIP. [nyt 11/9]
To subject a global network to disparate local regulatory treatment by 51 different jurisdictions would be to destroy the very qualities that embody [...]

John Ashcroft is retiring. Yes, I’m sure that Bush will show us how it could be worse, but for right now, I’m taking my pleasures where I can. [nyt 11/9]
The objective of securing the safety of Americans from crime and terror has been achieved.
Not yet, John, but your resignation is a good first step.

As my friend Mort wrote me yesterday, “My Romanian grandfather used to say to me, ‘Remember, Morton, this is such a wonderful country   – it doesn’t even need a president!’”
— Michael Moore, Election 2004: 17 Reasons Not to Slit Your Wrists, 2004-11-08, AlterNet

Well, I’m starting to look around, groundhog-like. It looks like four more years of winter.
Small mercies: Thank the dark lords that Shrillblog keens on. After scraping the residue of election obsession from my life, I found all I had left were Jon Stewart & Shrillblog. And my Buffy DVDs.