Drapetomaniacs - Home

The ups and downs of Orphans

2008-05-21T18:35:00Z

There's been a lot of discussion about the Orphans Works Act of 2008. I posted the full text in a prior message, but the Copyright Office also has a resource page on the topic of orphan works including a prior study and report on the issue.

I haven't quite made up my mind on the issue, but I'm hesitant about anything that makes managing your copyright more difficult. A lot of artists want to share, but a whole lot are also afraid of being exploited. Even getting folks to understand that items licensed under Creative Commons are still copyrighted and protected by law can be a challenge.

I also need to go back and read the report from 2006.

Public Knowledge appears to have a handle on some of the myths and hype.

I have to admit, my fears are more cultural than substantive - the reaction of the artists, which does have blowback in fostering the commons.

We don't have moral rights in the United States, but that does appear to be one glaring problem. Legally, since we don't have it, it might not be defensable, but it's still a concern. And, of course, Puerto Rico does have moral rights in their laws, but our federal laws still trump them - but that's always a long discussion.

Austin Creative Commons Salon - Open Library

2008-05-21T18:18:00Z

This month the Austin Creative Commons group will discuss the Open Library project with one of the participating developers.

David Strauss, is the co-founder of Four Kitchen Studios and That Other Paper. ThatOtherPaper.com is a local paper which produces all of its content under Creative Commons licensing. David will be discussing his involvement in the Open Library project, which explains itself as "One web page for every book ever published. It's a lofty, but achievable, goal." www.openlibrary.org

Anyone with questions about Creative Commons can attend and we'll try to answer any questions or discuss aspects of CC licensing.

As time permits, we will also have a discussion on a recent "orphan works" law introduced to Congress. I will also have some copies of Cory Doctorow's "Print Crime", a Creative Commons work of fiction, and a few DVDs of recent large musical and sound works recently released to the public.

We will meet at Cafe Caffeine on Wednesday, May 21st starting at 7:30.

Creative Commons is a an easy licensing method used by artists, musicians and writers worldwide to allow others to use their work according to a set of guidelines you select, including control over any profits. It increases the creativity and profile of those who share in the licenses.

The CC Salon is a monthly event focused on building a community of artists and developers around Creative Commons licenses, standards, and technology. Come each month to meet others who license using Creative Commons technology or work with technology implement it. We try to have presenters, but also openly discuss other CC issues.

We are also looking for artists or presenters who might want to show their work or offer some insight to the commons.
If you're interested in presenting or want more information, e-mail:
rich@commonquill.org

Group Discussion List:
http://groups.google.com/group/ccaustin
Event Page
http://wiki.creativecommons.org/Austin_Salon

Venue:
www.cafecaffeine.com

Orphan Works Act of 2008

2008-05-21T18:16:00Z

110th CONGRESS

2d Session

H. R. 5889

To provide a limitation on judicial remedies in copyright infringement cases involving orphan works.

IN THE HOUSE OF REPRESENTATIVES

April 24, 2008

Mr. BERMAN (for himself, Mr. SMITH of Texas, Mr. CONYERS, and Mr. COBLE) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To provide a limitation on judicial remedies in copyright infringement cases involving orphan works.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Orphan Works Act of 2008'.

SEC. 2. LIMITATION ON REMEDIES IN CASES INVOLVING ORPHAN WORKS.

(a) Limitation on Remedies- Chapter 5 of title 17, United States Code, is amended by adding at the end the following:

`Sec. 514. Limitation on remedies in cases involving orphan works

`(a) Definitions- In this section, the following definitions shall apply:

`(1) MATERIALS AND STANDARDS- The term `materials and standards' includes--

`(A) the records of the Copyright Office that are relevant to identifying and locating copyright owners;

`(B) sources of copyright ownership information reasonably available to users, including private databases;

`(C) industry practices and guidelines of associations and organizations;

`(D) technology tools and expert assistance, including resources for which a charge or subscription fee is imposed, to the extent that the use of such resources is reasonable for, and relevant to, the scope of the intended use; and

`(E) electronic databases, including databases that are available to the public through the Internet, that allow for searches of copyrighted works and for the copyright owners of works, including through text, sound, and image recognition tools.

`(2) NOTICE OF CLAIM FOR INFRINGEMENT- The term `notice of the claim for infringement' means, with respect to a claim for copyright infringement, a written notice that includes at a minimum the following:

`(A) The name of the owner of the infringed copyright.

`(B) The title of the infringed work, any alternative titles of the infringed work known to the owner of the infringed copyright, or if the work has no title, a description in detail sufficient to identify it.

`(C) An address and telephone number at which the owner of the infringed copyright may be contacted.

`(D) Information from which a reasonable person could conclude that the owner of the infringed copyright's claims of ownership and infringement are valid.

`(3) OWNER OF THE INFRINGED COPYRIGHT- The `owner of the infringed copyright' is the legal owner of the exclusive right under section 106 that is applicable to the infringement in question, or any party with the authority to grant or license that right.

`(4) REASONABLE COMPENSATION- The term `reasonable compensation' means, with respect to a claim for infringement, the amount on which a willing buyer and willing seller in the positions of the infringer and the owner of the infringed copyright would have agreed with respect to the infringing use of the work immediately before the infringement began.

`(b) Conditions for Eligibility-

`(1) CONDITIONS-

`(A) IN GENERAL- Notwithstanding sections 502 through 505, and subject to subparagraph (B), in a civil action brought under this title for infringement of copyright in a work, the remedies for infringement shall be limited in accordance with subsection (c) if the infringer--

`(i) proves by a preponderance of the evidence that before the infringement began, the infringer, a person acting on behalf of the infringer, or any person jointly and severally liable with the infringer for the infringement--

`(I) performed and documented a qualifying search, in good faith, for the owner of the infringed copyright; and

`(II) was unable to locate the owner of the infringed copyright;

`(ii) before using the work, filed with the Register of Copyrights a Notice of Use under paragraph (3);

`(iii) provided attribution, in a manner that is reasonable under the circumstances, to the owner of the infringed copyright, if such owner was known with a reasonable degree of certainty, based on information obtained in performing the qualifying search;

`(iv) included with the use of the infringing work a symbol or other notice of the use of the infringing work, in a manner prescribed by the Register of Copyrights;

`(v) asserts in the initial pleading to the civil action the right to claim such limitations;

`(vi) consents to the jurisdiction of United States district court, or such court holds that the infringer is within the jurisdiction of the court; and

`(vii) at the time of making the initial discovery disclosures required under Rule 26 of the Federal Rules of Civil Procedure, states with particularity the basis for the right to claim the limitations, including a detailed description and documentation of the search undertaken in accordance with paragraph (2)(A).

`(B) EXCEPTION- Subparagraph (A) does not apply if, after receiving notice of the claim for infringement and having an opportunity to conduct an expeditious good faith investigation of the claim, the infringer--

`(i) fails to negotiate reasonable compensation in good faith with the owner of the infringed copyright; or

`(ii) fails to render payment of reasonable compensation in a reasonably timely manner.

`(2) REQUIREMENTS FOR SEARCHES-

`(A) REQUIREMENTS FOR QUALIFYING SEARCHES-

`(i) IN GENERAL- For purposes of paragraph (1)(A)(i)(I), a search is qualifying if the infringer undertakes a diligent effort to locate the owner of the infringed copyright.

`(ii) DETERMINATION OF DILIGENT EFFORT- In determining whether a search is diligent under this subparagraph, a court shall consider whether--

`(I) the actions taken in performing that search are reasonable and appropriate under the facts relevant to that search, including whether the infringer took actions based on facts uncovered by the search itself;

`(II) the infringer employed the applicable best practices maintained by the Register of Copyrights under subparagraph (B); and

`(III) the infringer performed the search before using the work and at a time that was reasonably proximate to the commencement of the infringement.

`(iii) LACK OF IDENTIFYING INFORMATION- The fact that a particular copy or phonorecord lacks identifying information pertaining to the owner of the infringed copyright is not sufficient to meet the conditions under paragraph (1)(A)(i)(I).

`(B) INFORMATION TO GUIDE SEARCHES; BEST PRACTICES-

`(i) STATEMENTS OF BEST PRACTICES- The Register of Copyrights shall maintain and make available to the public, including through the Internet, current statements of best practices for conducting and documenting a search under this subsection.

`(ii) CONSIDERATION OF RELEVANT MATERIALS AND STANDARDS- In maintaining the statements of best practices required under clause (i), the Register of Copyrights shall, from time to time, consider materials and standards that may be relevant to the requirements for a qualifying search under subparagraph (A).

`(3) NOTICE OF USE ARCHIVE- The Register of Copyrights shall create and maintain an archive to retain the Notice of Use filings under paragraph (1)(A)(i)(III). Such filings shall include--

`(A) the type of work being used, as listed in section 102(a) of this title;

`(B) a description of the work;

`(C) a summary of the search conducted under paragraph (1)(A)(i)(I);

`(D) the owner, author, recognized title, and other available identifying element of the work, to the extent the infringer knows such information with a reasonable degree of certainty;

`(E) a certification that the infringer performed a qualifying search in good faith under this subsection to locate the owner of the infringed copyright; and

`(F) the name of the infringer and how the work will be used.

Notices of Use filings retained under the control of the Copyright Office shall be furnished only under the conditions specified by regulations of the Copyright Office.

`(4) PENALTY FOR FAILURE TO COMPLY- If an infringer fails to comply with any requirement under this subsection, the infringer is subject to all the remedies provided in section 502 through 505, subject to section 412.

`(c) Limitations on Remedies- The limitations on remedies in a civil action for infringement of a copyright to which this section applies are the following:

`(1) MONETARY RELIEF-

`(A) GENERAL RULE- Subject to subparagraph (B), an award for monetary relief (including actual damages, statutory damages, costs, and attorney's fees) may not be made other than an order requiring the infringer to pay reasonable compensation to the legal or beneficial owner of the exclusive right under the infringed copyright for the use of the infringed work.

`(B) FURTHER LIMITATIONS- An order requiring the infringer to pay reasonable compensation for the use of the infringed work may not be made under subparagraph (A) if the infringer is a nonprofit educational institution, library, or archives, or a public broadcasting entity (as defined in subsection (f) of section 118) and the infringer proves by a preponderance of the evidence that--

`(i) the infringement was performed without any purpose of direct or indirect commercial advantage,

`(ii) the infringement was primarily educational, religious, or charitable in nature, and

`(iii) after receiving notice of the claim for infringement, and after conducting an expeditious good faith investigation of the claim, the infringer promptly ceased the infringement,

except that if the legal or beneficial owner of the exclusive right under the infringed copyright proves, and the court finds, that the infringer has earned proceeds directly attributable to the infringement, the portion of such proceeds so attributable may be awarded to such owner.

`(C) EFFECT OF REGISTRATION ON REASONABLE COMPENSATION- If a work is registered, the court may, in determining reasonable compensation under this paragraph, take into account the value, if any, added to the work by reason of such registration.

`(2) INJUNCTIVE RELIEF-

`(A) GENERAL RULE- Subject to subparagraph (B), the court may impose injunctive relief to prevent or restrain any infringement alleged in the civil action.

`(B) EXCEPTION- In a case in which the infringer has prepared or commenced preparation of a work that recasts, transforms, adapts, or integrates the infringed work with a significant amount of the infringer's original expression, any injunctive relief ordered by the court--

`(i) may not restrain the infringer's continued preparation or use of that new work;

`(ii) shall require that the infringer pay reasonable compensation to the legal or beneficial owner of the exclusive right under the infringed copyright for the use of the infringed work; and

`(iii) shall require that the infringer provide attribution, in a manner that is reasonable under the circumstances, to the owner of the infringed copyright, if requested by such owner.

`(C) LIMITATIONS- The limitations on injunctive relief under subparagraphs (A) and (B) shall not be available to an infringer if the infringer asserts in the civil action that neither the infringer or any representative of the infringer acting in an official capacity is subject to suit in the courts of the United States for an award of damages to the legal or beneficial owner of the exclusive right under the infringed copyright under section 106, unless the court finds that the infringer--

`(i) has complied with the requirements of subsection (b); and

`(ii) has made an enforceable promise to pay reasonable compensation to the legal or beneficial owner of the exclusive right under the infringed copyright.

`(D) RULE OF CONSTRUCTION- Nothing in subparagraph (C) shall be construed to authorize or require, and no action taken under such subparagraph shall be deemed to constitute, either an award of damages by the court against the infringer or an authorization to sue a State.

`(E) RIGHTS AND PRIVILEGES NOT WAIVED- No action taken by an infringer under subparagraph (C) shall be deemed to waive any right or privilege that, as a matter of law, protects the infringer from being subject to suit in the courts of the United States for an award of damages to the legal or beneficial owner of the exclusive right under the infringed copyright under section 106.

`(d) Exclusion for Fixations in or on Useful Articles- The limitations on monetary and injunctive relief under this section shall not be available to an infringer for infringements resulting from fixation of a work in or on a useful article that is offered for sale or other distribution to the public.

`(e) Preservation of Other Rights, Limitations, and Defenses- This section does not affect any right, limitation, or defense to copyright infringement, including fair use, under this title. If another provision of this title provides for a statutory license that would permit the infringement contemplated by the infringer if the owner of the infringed copyright cannot be located, that provision applies instead of this section.

`(f) Copyright for Derivative Works and Compilations- Notwithstanding section 103(a), an infringer who qualifies for the limitation on remedies afforded by this section with respect to the use of a copyrighted work shall not be denied copyright protection in a compilation or derivative work on the basis that such compilation or derivative work employs preexisting material that has been used unlawfully under this section.'.

(b) Technical and Conforming Amendment- The table of sections for chapter 5 of title 17, United States Code, is amended by adding at the end the following:

`514. Limitation on remedies in cases involving orphan works.'.

SEC. 3. DATABASE OF PICTORIAL, GRAPHIC, AND SCULPTURAL WORKS.

(a) Establishment of Database-

(1) IN GENERAL- The Register of Copyrights shall undertake a certification process for the establishment of an electronic database to facilitate the search for pictorial, graphic, and sculptural works that are subject to copyright protection under title 17, United States Code.

(2) PROCESS AND STANDARDS FOR CERTIFICATION- The process and standards for certification of the electronic database required under paragraph (1) shall be established by the Register of Copyrights, except that certification may not be granted if the electronic database does not contain--

(A) the name of all authors of the work, and contact information for any author if the information is readily available;

(B) the name of the copyright owner if different from the author, and contact information of the copyright owner;

(D) with respect to a copyrighted work that includes a visual image, a visual image of the work, or, if such a visual image is not available, a description sufficient to identify the work;

(E) one or more mechanisms that allow for the search and identification of a work by both text and image; and

(F) security measures that reasonably protect against unauthorized access to, or copying of, the information and content of the electronic database.

(b) Public Availability- The Register of Copyrights--

(1) shall make available to the public through the Internet a list of all electronic databases that are certified in accordance with this section; and

(2) may include any database so certified in a statement of best practices established under section 514(b)(5)(B) of title 17, United States Code.

SEC. 4. EFFECTIVE DATE.

(a) In General- With respect to works other than pictorial, graphic, and sculptural works, the amendments made by section 2 shall apply to infringements that commence on or after January 1, 2009.

(b) Pictorial, Graphic, and Sculptural Works- With respect to pictorial, graphic, and sculptural works, the amendments made by section 2 shall--

(1) take effect on the earlier of--

(A) the date on which the Copyright Office certifies under section 3 at least 2 separate and independent searchable, comprehensive, electronic databases, that allow for searches of copyrighted works that are pictorial, graphic, and sculptural works, and are available to the public through the Internet; or

(B) January 1, 2013; and

(2) apply to infringing uses that commence on or after that effective date.

(c) Publication in Federal Register- The Register of Copyrights shall publish the effective date described in subsection (b)(1) in the Federal Register, together with a notice that the amendments made by section 2 take effect on that date with respect to pictorial, graphic, and sculptural works.

(d) Definition- In this section, the term `pictorial, graphic, and sculptural works' has the meaning given that term in section 101 of title 17, United States Code.

SEC. 5. REPORT TO CONGRESS.

Not later than December 12, 2014, the Register of Copyrights shall report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives on the implementation and effects of the amendments made by section 2, including any recommendations for legislative changes that the Register considers appropriate.

SEC. 6. STUDY ON REMEDIES FOR SMALL COPYRIGHT CLAIMS.

(a) In General- The Register of Copyrights shall conduct a study with respect to remedies for copyright infringement claims by an individual copyright owner or a related group of copyright owners seeking small amounts of monetary relief, including consideration of alternative means of resolving disputes currently heard in the United States district courts. The study shall cover the infringement claims to which section 514 of title 17, United States Code, apply, and other infringement claims under such title 17.

(b) Procedures- The Register of Copyrights shall publish notice of the study required under subsection (a), providing a period during which interested persons may submit comments on the study, and an opportunity for interested persons to participate in public roundtables on the study. The Register shall hold any such public roundtables at such times as the Register considers appropriate.

(c) Report to Congress- Not later than 2 years after the date of the enactment of this Act, the Register of Copyrights shall prepare and submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the study conducted under this section, including such administrative, regulatory, or legislative recommendations that the Register considers appropriate.

SEC. 7. STUDY ON COPYRIGHT DEPOSITS.

(a) In General- The Comptroller General of the United States shall conduct a study examining the function of the deposit requirement in the copyright registration system under section 408 of title 17, United States Code, including--

(1) the historical purpose of the deposit requirement;

(2) the degree to which deposits are made available to the public currently;

(3) the feasibility of making deposits, particularly visual arts deposits, electronically searchable by the public for the purpose of locating copyright owners; and

(4) the impact any change in the deposit requirement would have on the collection of the Library of Congress.

(b) Report- Not later than 2 years after the date of the enactment of this Act, the Comptroller General shall submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report on the study conducted under this section, including such administrative, regulatory, or legislative recommendations that the Register considers appropriate.

END

Septiembres - Cine Las Americas Opening

2008-04-17T14:45:00Z

I attended the opening night festivities of Cine Las Americas film festival. Septiembres was the opening film and while it promised to be a documentary about a music contest in prison, it turned out to be a lot more. Most of the audience appeared to expect something more like American Idol with a lot more ins and outs of the competition. The film itself is sandwiched between two Septembers, the time of year the competition takes place.

Carles Bosch, the director, said the film actually started like an American Idol favor for the participating inmates - taking the prison competition and making it look as big as possible for the participants to be able to send their families a DVD. After that, though, the film was born and grew into an intimate portrayal of various kinds of confined love within the co-ed prison and outside the walls. The only kind of love missing was the brutal expectations Americans of come to expect from prison life.

We get to see growing and even disintegrating relationships and families grow. Near the end of the film, got a sudden jolt as if I were eavesdropping too much on a conversation. I've seen enough Reality television to expect the right to be a voyeur, but this documentary was a much more sincere look into the lives of the inmates.

In the United States, the Supreme Court just re-affirmed the death penalty as constitutional and is considering whether or not to expand it to crimes other than homicide. In the prisons we view in this film, several audience members were taken aback at the freedoms they were granted. Where the inmates likely saw slight niceties to help them get through the day - I saw a heel that could be used as a weapon, a guitar that could be used to overtake the guards... In the US, we banned hair extensions and braids in several prisons years ago.

Carles Bosch was asked if this freedom were typical, and he pointed out that the song festival itself took place in various prisons, but the grand finale was held in one of the more secure prisons with violent offenders. They, however, were in another building and since they were anti-social to begin with, weren't really a risk to consider when holding the festival. The freedoms observed were constitutional rights in Spain.

What the film makes plain is that confinement is quite enough to impact someone heavily. There is an overtone of anger, spite and vengeance when prisoners are discussed usually. Even the Supreme Court considering expanding the death penalty points to the increasing number of laws attempting to expand the death penalty and Scalia says, "It's the trend that counts." So, if our trend is more dehumanizing and angry, it seems some of the court will endorse the trend and a standard of our legal morals.

Even when freedoms like marriage or family gatherings ae seen in the film, we and everyone in the film is reminded they are in prison as a hand closes the door on the intimate gatherings and locks the prisoners and their family in the room. One of the singers celebrates New Years by dressing up and sitting in her cell with a friend until midnight, at which point the inmates yell out their windows to each other to celebrate. While it might seem like a lot of freedoms, it is quite obvious the impact confinement has on human beings. Those mothers, siblings and lovers outside and inside the walls. Any additional mistakes they make can aggravate their loss and any change in policy drive families further apart.

The film had a graceful end, but during the Q & A afterwards with Bosch, several of the people who repeatedly raised their hands for attention sighed when someone asked "What happened to them all?" All of the prisoners but one openly admitted to their crimes ranging from bank robbery to buying drugs. There was no question of guilt or the right of the Spanish justice system to punish them from the audience or the prisoners. Even with the freedoms that seem extreme to Americans, you can feel pain of confinement. The audience seems to want everyone to be released, which is the ultimate question of "What happened to them" when asked of prisoners. They don't want them to be released because they shouldn't be punished, but because the sense of confinement we are able to explore through the theme of love.

Bosch points out that 80% of prisoners in Spain are first time offenders, which shows a low rate of repeat offenders. I'm left wondering after the film if the ability to be human and express your humanity through song and love doesn't allow for greater individual reform. It's easier to be reminded of your loss when you are able to taste a bit of what is still fully out of reach over the years.

One disappointment was the prospect of distribution, even of the DVD within the United States. Carles Bosch didn't seem optimistic at all, and the film certainly goes against the expectations or seeming desires of the American public in regards to humanizing people who commit crimes. I personally think this film can be used as a Scared Straight tactic as well as advocacy for prisoners. Sacred Straight has a famous scene where a prisoner explains to at-risk kids that he could easily jump over the table and rape them before a guard could interfere. This film reached for the humanity instead.

Cannot Open Internet Site

2008-03-18T13:40:00Z

Internet Explorer Cannot open the Internet Site - Operation Aborted.

I wrestled with this message yesterday. It seems specific to Internet Explorer. Many have experienced it using the Google Map API, but mine was using the Squeezebox for Joomla.

The example used domready to avoid the problem of trying to append the body before it was ready in the browser.

For me, the fix was to move the script to the bottom of the Body for now. This is a bothersome problem that really seems to be a timing issue in IE.

Thin Browsers

2008-03-17T03:05:00Z

I've been growing frustrated over the slowness of my firefox browser, but at the same time I know it's chock full of tools. Still, in the back of my mind I remember the glory days - "Just use Firefox, it's faster."

My extensons include: Firebug, Operator, Delicious Bookmarks, Web Developer, YSlow, EC2 UI, Selenium IDE, Moz CC and a couple of others.

That said, I installed Firefox Beta 3 and noticed an immediate speed difference. Of course, this needed Nightly Tester Tools to activate all my extensions.

With extensions aded back in - the Speed stayed.

Ironically, I had started using Safari last week as my "thin browser." For browsing to sites I just wanted fast on. Now with Firfox 3 installed, we'll see if I need Safari for anythign other than testing again.

Voting in Texas

2008-03-04T16:15:00Z

Imagine you want to vote and you tell me who you want to vote for. I repeat it back to you and then write something down in to places. If it's disputed, I will take what I wrote down (whatever I wrote down) and print it out with all the others from the day. This is what Travis County in Texas considers "triple redundancy" and very secure.

Q: Some computer experts claim that there is no way to audit the vote without a paper trail? Does this system have paper backup?

A: This system provides voters with confidence that their vote will be counted as they intended. First, the voting device provides each voter with a summary of all votes, alerting the voter of any skipped races, and allowing the voter to make changes. The voter has visual confirmation that the vote was cast exactly as intended. To ensure the votes are recorded correctly, the system is publicly tested and validated before, during, after each election to ensure that votes are counted and reported as they are cast. There are many security features designed to test procedures, equipment and software. Finally, the system can print out all Cast Vote Records should that be required for a recount.
http://www.co.travis.tx.us/county_clerk/election/eSlate/faq.asp

The only thing I know when I cast my ballot is that the screen in front of me showed me what I put in. I have no idea what was actually recorded. And if there is a problem, they seem to indicate they are only printing out the problem...

Here is a description of what an election monitor observed in Venezuela. They have visual confirmation of the face of their candidate,the results are sent to a remote place as well, they vote electronically, visually see their paper ballot repeating their results and they place it in to a box (I believe with their thumbprint). Hands are also marked to prevent multiple vote attempts. After the vote, more than 50% of voting machines are audited (others recommend 3%).

I do think there are politicians who think it will be in the best interest to control the vote - time of war, criticial junction in the war on terror, etc. And while I do believe it may happen occasionally, I'm not on the bandwagon to say it's an all out conspiracy. The problem with joining the full conspiracy camp is that when your candidate wins, you look foolish and it makes it more difficult to argue there are problems. It's like arguing against the death penalty when you have a genocidal rapist as your poster child. You tend to lower your voice during those executions a bit.

What does concern me is the apathy by our elected official over the election process. It's not impractical to print paper - we did it for centuries. If apathy is the rule, then we will see a day when large scale fraud is carried out and there will be nothign to be done about it - if anyone notices.

Anyway - this morning, voting in Precinct 248 in Travis County, I arrived 10 minutes before polls opened. I couldn't vote until an hour later because the machines weren't setup and/or working. As a voter, all I know is the machines weren't working or an hour and I was one of the first dozen to use the machines after that.

Should I hope my vote was recorded?

ps - I hope the lady who discussed her bowel issues in great detail behind me in line for an hour feels better.

Value in Community Media

2008-03-01T22:01:00Z

The second session today was, What are our community needs and how do we better meet them?

The morning session folks came up with the following list:

Universal connection - would be producers and younger people having equipment to equipment services and technology
Academia - more research in service of community media
Localizing stories - local spins on national news
Access - keeping doors open
Diverse audience, diverse programming
Cultural programming more accessible to youth and youth of color for life enhancement
Regular listening audience, not accidental listeners/audience
Dissemination of info in time of critical need

In our session we discussed:

Education - in San Antonio there is an effort to educate future generations by simple training on computer usage and the more basic software like iMovie and Movie Maker
One person explained we will be challenged by the ability to neutrally present the facts around us, This led to a queston of Advocacy journalism. I explained that on my site, I use to try to be neutral, but then realized that the national news, governments and a host of other environments were not only biased, but biased against the culture I was covering and loved. So, like a tug of war, with 10 giants on the other side, I have to lean further to the left in my coverage to provide a balance. Others pointed out in various ways that Corporate Media has had "advocy journalism" on their own behalf for a very long time.

Collaboration in Community Media

2008-03-01T21:15:00Z

The first session I attended this morning at the Texas Media Summit was on "Collaboration and Inclusion"

"How do we leverage our community media resources to expand and enhance our presence in the Texas media landscape?"

The question took on several forms and the session was unfortunately short. Some of the ideas included without mentioning it specifically, a Black focused publication talking with a Latino publication to join together on issues and ideas. They serve different audiences, but there is topic and issue crossover that seldom occurs. Being Black Puerto Rican, I held back the urge to tell them I was one cross-over point..

The other idea, which I think compasses the first one is how to find someone to exchange ideas with. There wasn't an explicit list for people to sign up with, but will be a directory afterwards. Many people knew each other or the publications, but there was no open collaboration from day to day. in non-profits, there has been talk over fighting over pieces of the grant pies and so there is a hesitation to join together for various ventures/ After all, if you join together, not everyone will get the grant afterwards.

Community media still has to pay for electricity and paper, but this fight over the pie really did seem to be missing. Unfortunately, so did a solid view of how to collaborate and move forward.

One immediate impression of the community media, which should seem obvious, is that people easily speak up and assert themselves. Hopefuly there is an assertion after the sumit to continue the dialogue and meetings.

Trivializing for Good (on Censorship)

2008-02-09T03:02:00Z

I've always had mixed feelings about some of the censorship rules in Europe. Having Nazi propaganda outlawed in Germany seems basically contrary to values of democracy and freedom and apple pie. But, while people openly support the right of Klan marches to march in the US, nobody would suggest that Al Qaeda should set up their "violence free" version in the United States. Could you honestly imagine a group marching on Veteran's Day with Al Qaeda signs and people saying, "I might detest their message but I'll fight to the death for their right to express themselves?"

Wrong or right, it's not likely to be tolerated or supported strongly. At least when they are silenced, the rally is likely to be slow and quiet. The hesitancy to speak up and the righteousness when you do is likely to do with your level of empathy for any given group.

The Ku Klux Klan is the first organizations recognized by the federal government as a terrorist organization (1869). And many fight for their right to express themselves out of principle. I do hear less rallying for the oppression of Nazi expression in Europe.

Do I support their right to expression? Yes. But I also expect consistency. "Peaceful" Al Qaeda or Hamas is not going to get a permit to march on Veterans day and I don't expect anyone to rally behind them, partially because it would make them targets of our current legal spray gun.

Just because humans are human, I don't expect that support to actually be there.

But, I become more suspect when folks rally behind bigots who are quite literally inciting hatred over the course of several years through the most basic series of known smears and stereotypes (check out the blog referenced) and then refer to the the outcry as banning something because it is distasteful. This is the Citizen Media Law Project. The original outcry was by a member of their board of directors, who referred to the objection as a matter of political correctness. The "politically incorrect" ideas he spreads are known lies like Muslims are compelled to killed non-Muslims (There are more than a billion Muslims, and plenty in the US- don't you think we would notice if they were all trying to kill everyone else?) He protests the building of mosques and has cartoons of a stylized muslim pregnant woman image captioned "The other Islamic bomb" (with her pregnant belly as a bomb).

Usually, the desire for a 100% pure Christian nation and the end of breeding by others and the spreading of other additional lies, known to be used by extremists is recognized as old fashioned bigotry.

My objection isn't that he should be arrested. I think bigots should be able to express themselves so they can be known and acknowledged.

What is objectionable is that reputable people look at long standing bigotry and refer to it as "politically incorrect." This is David Duke and Hitler styled speech promoted against Muslims. I sincerely doubt this otherwise reputable organization would refer to David Duke's speeches as "politically incorrect" or merely " distasteful." (Or maybe they would).

In trying to further their mission, the belittle very real hate speech based on old and traditional lies his own rhetoric for a pure England. They can argue against the law without belittling the fact that he is indeed spreading hate and incitement. In my comments to their post I said:

You don't do your reputation a service by trivializing "incitement" laws as simply distasteful. A brief review of history of German, the United States and many other nations will show you the difference of "distasteful" and "inciting." The question for proponents of all free speech is whether or not you believe someone has the free speech right to yell "fire" in a crowded theatre as a joke or "commentary" or "bomb" in an airport - which creates a public safety issue. If you do, then the end of the story. If not, then do you support someone yelling "Jews are setting fire" in the same way? There is a difference between incite, political correctness and distasteful.

As I said, I think it is a matter of empathy towards any given group. Or maybe antipathy.

I believe in free speech. I also believe in not trivializing the type of hateful dishonest speech equivelant to incitement.

People trivialize other positions in order to improve their own. But it weakens their own position when they do.

What is water boarding?

2008-02-08T19:31:00Z

I'm met several people who aren't too sure what water boarding is. Gnooze.com (The G is silent) is one of my daily news sources. It's like a 2 minute Daily Show. Marta Costello has some brief visual aides for those still wondering what it is and if it's torture.

Yes We Can - Political Remix

2008-02-07T15:47:00Z

While the press wonders whether or not Obama can capture Latino votes, they have ignored that his iconic "Yes, we can" speech is a remix of the Cesar Chávez ¡Sí se puede! This is public rhetoric being remixed from one generation to another. One wonders what would have happened if the United Farm Workers trademarked the phrase. In reality, the UFW has prevented others from trademarking it while maintaining it as their own intellectual property, but at the same time has not appeared to hinder many civil rights movements from using it.

A more political BTW - I also don't like the idea of a whole generation growing up under only Bush and Clinton leadership. They are not royalty. I used to support McCain in his first run, until his straight talk racial problems and his blatant lies about the war before he even gets into office to claim executive privilege.

And back to remixes-

There was a Bollywood remix of Obama that was amusing, but Will I Am of Black Eyed Peas is more on message. This is an unsolicited video he created after watching Obama's speech.

Valid e-mail addresses

2008-02-06T20:14:00Z

I filed a bug with Joomla about not accepting email addresses like testthis+symbol@example.com during install. My explanation was "e-mail systems accept this." The initial response was "just because some systems accept it, doesn't mean it is valid."

True enough. Then again, if you restrict an email address, it doesn't mean that restriction is valid.

I'm usually more specific in reporting bugs, but frankly I was ignorant as to whether or not it was valid when I filed the bug.

Plus symbols are valid.

RFC 822, 3696, 2822 and 2821 all refer to the standards for e-mail addressing. RFC 822 was passed in 1982.

3696 summarizes:

"Without quotes, local-parts may consist of any combination of alphabetic
characters, digits, or any of the special characters

! # $ % & ' * + - / = ? ^ _ ` . { | } ~

period (".") may also appear, but may not be used to start or end the
local part, nor may two or more consecutive periods appear."

Some good blog entries in plain English:
Email Address Format Myths
I Knew How To Validate An Email Address Until I Read The RFC
How to Find or Validate an Email Address

I have seen a lot of one line e-mail validators. If you want to see how off these are, check out Paul Warren's partial example.

Works 9.0 - Good example for needed open formats

2008-02-05T00:57:00Z

This is an old article about Microsoft Works 9.0, but it shows a good reason to support open formats.(something Microsoft would liek to undermine). It is a lesser version than Microsoft Office , a package essential meant as a low end version with less functionality.

Microsoft Windows also has a "lower end version" for scenarios like " Developing Nations" for instance. They also hobble those versions with restrictions like not letting more than 3 programs run at the same time and restricting it to lower end chips and hardware. I guess a poor person in Brazil doesn't need more than 3 programs like the ones in the US.

But, to the point, Works "uses different file formats than the .doc or .xls used by Word and Excel." In other words, you type a document and Microsoft restricts your information and styling to a Works format. Outside of Microsoft using you to repeatedly capitalize your own work and ideas, you can use open formats like ODF in Google Docs, Open Office and other programs for free and use a different program at any time - taking your information with you. Open Source means Freedom - Open Documents means Freedom of Information, often your own information. Google capitalizes you again and again, but you arent at risk of losing functionality and access to your own information.

Don't get Tagged

2008-01-31T17:22:00Z

There seem to be more e-mails coming from Tagged.com. "You've been tagged by..." The first one I got was via a mailing list that wasn't set up properly - one where anyone can e-mail the whole group. I then started getting tagged by strangers.

EWeek did a good walk through of how the program harvests your e-mail after it's aggressive presentation to get people to sign on using their gmail or yahoo identity. It then uses that to scrape your e-mail box and send massive amounts of e-mail. I have seen several people now complain after the fact because they weren't aware they gave away their credentials - or at least found a momentary moment of trust where they felt comfortable doing it.

The more bothersome part is that it is a very profitable business targeting teens.

If you have any inhibitions about sending friends invites for new social networks, don't click on "you've been tagged" messages because you won't have much of a choice once you start their sign up process.

Social virus?