Up early for my spouse who caught a red-eye. Now she’s resting peacefully and I of course can’t get back to sleep. But that’s okay, because there’s the Internet!
In response to publisher anxieties & thinly-veiled threats of litigation, Google is implementing an opt-out provision in its scan-copyrighted-library-books program, and delaying scans of copyrighted books until November. [google blog] This has been widely reported as Google backing down. See, e.g., “Chilled by Publishers” (BoingBoing), “Google Sells Out Users” (Copyfight). I agree, sell-out, chill, yes, yes, but am taking a moment to appreciate the sweetness of the opt-out option as default.
Siva Vaidhyanathan had a different take, predicated largely (it seems to me) on the fact that Google is a for-profit corporation. For once, I disagree with Siva, and on two grounds: both with library exceptionalism in this instance and the take on American Geophysical Union.
Ed Felten on Freedom to Tinker [8/9] talked about the DRM in Microsoft’s Longhorn-cum-Vista. Copyfight (8/9) summed it up and added this pithy observation: “[T]his isn’t about stopping mass copyright infringement or pleasing Hollywood. It’s about keeping “consumers” locked in and people who develop potentially competing products locked out.” See also Derek Slater at EFF Deeplinks (8/9).
On Balkinization, Brian Tamanaha ponders intelligent design, reminding us that the whole kerfluffle is not about debates between religion and science, but about debates between a few modern religious leaders who are picking issues:
Darwin’s 1859 publication of The Origin of Species incited a wicked backlash from religious quarters in the United States, pitting science directly against religion. But within three decades an accommodation had been achieved, as Richard Hofstadter described in Social Darwinism in American Thought (1944):
… Science, [Le Conte] urged, should be looked upon not as the foe of religion, but rather as a complementary study of the ways in which the First Cause operated in the natural world. Whatever science might learn, the existence of God as First Cause could always be assumed.
This raises the question: why has a sensible way to reconcile faith and science that has worked for so long become unacceptable to many religious leaders in this country? This is not like the other ongoing battles over religion in the public sphere and the separation between state and church (school prayer, Decalogue displays, funding for parochial schools), all of which raise debatable issues of public and private values.
Putting it this way helps keep the focus on the small set of religious leaders who are sowing all this unnecessary discord.
I feel I must document the provenance of this observation: I’m quoting Brian Tamanaha who’s quoting Richard Hofstadter who’s citing Joseph Le Conte who “followed” Asa Gray. I’m just tickled by the lengthy chain, but the observation stands on its own regardless of sources.
fafblog has been brilliant recently: two on intelligent design: creation science, creation technology! [fafnir 8/10] and overwhelming scientific proof [giblets 8/2]. Then more on torture: claustrophobic techniques [medium lobster 8/4] … in the kingdom of the one-eyed man, the best wars are blind [medium lobster, 7/28]. Segueing nicely from torture, the democrats: the great divorce [fafnir 8/3] . Last but not least, response to some recent efforts by the American Family Assn to provide gay checklists for childrearing: how to tell how gay your gay son is [giblets 8/9]. How despicable is this fear-mongering checklist in the light of this fearful Christian response? [See queerday 7/18, Tampa Bay Online 7/13] Too much anger. That’s why I read fafblog. I could just do a blog indexing fafblog. And still keep the title, ‘derivative work’.
- A wretched decision out of the NLRB, restricting employees’ off-duty fraternization. Guardsmark, LLC, 334 NLRB No. 97 (2005) (decision in pdf); more info at american rights at work; linked from tom tomorrow. A bit more from me on this case.
Of course, two hours later, the spouse is still sleeping like a baby, and now “Adelaide’s Lament” is going through my head. It’s my own fault for putting iTunes on random shuffle through my entire 80+G music library last week, but still, I last heard that song over a week ago. Probably at some point this morning I had a low-level meditation on my own minor cold and it triggered a “Guys & Dolls” flashback. Unlike LSD, perhaps “Guys & Dolls” really does hang out in your fat cells waiting to be re-triggered.
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