October 26, 2005

Cookie Puss

I recently found myself channeling the voice of Cookie Puss while having a conversation with my little sister. Cookie Puss was a seminal part of my tortured childhood.

I had not fully appreciated the grisly ramifications of consuming Cookie Puss until I saw the image below:

October 14, 2005

"'You are the best governor ever--deserving of great respect!'"

Leave it to The Smoking Gun to parse through a pile of boring correspondence and pick out the damning and funny bits. The Bush-Miers letters were released this week by the Texas State Library and Archives Commission...

October 12, 2005

For the Love of Mary - Blurring the Lines Between Church and State Some More

I almost passed out when I read that religion was a factor when Bush picked Harriet Miers. CNN reports:
President Bush said Wednesday his advisers were telling conservatives about Supreme Court nominee Harriet Miers' religious beliefs because they are interested in her background and 'part of Harriet Miers' life is her religion.'

Was I sleeping through two semesters of Constitutional Law? I remember stuff like:
[F]or the men who wrote the Religion Clauses of the First Amendment the 'establishment' of a religion connoted sponsorship, financial support, and active involvement of the sovereign in religious activity.
See Walz v. Tax Comm'n, 397 U.S. 664, 668 (1970).

Now it's evident now that both Miers and W need a crash course in this relatively important document (and the part of that document that sort of infers that stuff like appointing Supreme Court Justices based on their religious beliefs is probably not such a good idea.) I think they might benefit from learning about the Constitution. Miers will have to interpret it if she gets her new job, and Bush swore to uphold it.

It just blows my mind that Bush admitted that Miers' religious views were a reason to appoint her. I guess Bush needed some reason.

On a side note, there is a wonderful book by Marci Hamilton, Professor of Law at Cardozo Law School which addresses the role of religion in the law. It's required reading if you're interested in these issues. She's a brilliant scholar and even though I sometimes disagree with her viewpoint, her scholarship commands a tremendous amount of respect.

For more information about Professor Hamilton, you can read some of her posts on FindLaw.

Copyright, Music, and Podcasting, or "The Death of My Podcast"

I started podcasting about two months ago. I was really looking forward to producing my own shows, and wanted to compile and aggregate various pieces of classical music in unconventional programs. The format was simple: I would describe the "theme" of the show, and then play music for about 45 minutes. I envisioned it to be my own radio show. The "blog" section of my podcast would include a playlist and links to purchase the albums in their entirety. I quickly figured out that podcasting and streaming music are not the same thing, and, having a rudimentary understanding from law school [FN 1] that any move I made would probably violate some copyright law.

Streaming = Temporary = OK

Enter the onerous and all-encompassing copyright laws of the United States of America. I knew from my law school coursework* that streaming audio and downloading music files are two very different things. Apparently, radio stations can play as much copyrighted music as they want, because the files go from the radio station to your stereo receiver, or from a streaming server to your computer's media player. Even if you purchase something like a standard tape recorder to record FM or Total Recorder to record streaming audio, it's still OK for radio stations to play copyrighted music because the music is not technically being downloaded or permanently stored. Somehow, it gets lost in the ether of your stereo speakers or RAM, even if it's being recorded.

Podcasting = Downloading = Verboten

The whole P2P filesharing dilemma got big music pretty upset, and quite understandably. In a P2P network, computers share files and transfer them machine to machine. This means that a potentially infinite and flawless copy of a song can be reproduced across the internet ad infinitum. The concern of record companies was, in my view, rational, as I doubt anybody would purchase a song when they could download it for free.

Podcasting is considered to be downloading (although the law is a little hazy) because each individual podcast is stored on a server and downloaded in its entirety. Subscribers to a podcast receive the latest podcast automatically when iTunes (or whatever podcasting client they use) determines that a new podcast is available.


What this meant for my Podcast

In short, this meant that my radio show was dead, because I intended to play recordings I owned. I tried to get around this by doing a podcast which reviewed recordings, but ASCAP's website makes clear that I need to pay money to play short clips of copyrighted music. I also suspect this extends to me talking over recordings while reviewing them. I could chose to play podsafe music, but I have no desire to limit my show's content to work around a narrow restriction on content. Another option would be to get a license from every single record label to play a specific piece of music, which is totally unworkable. I was going to give these musicians free advertising, and listeners links so they could purchase the albums from which I played excerpts.

Professor Lawrence Lessig has been a hero of mine since I was a wide-eyed 1L [FN 1]. His concept of less restrictive copyright laws really made a lot of sense given this whole experience.


Related Articles that Helped Me Figure it Out
[FN 1] I am not an attorney. Nothing I say should ever be construed of as legal advice. If you want legal advice, get an attorney. Even if I eventually pass the bar in a jurisdiction, I will not give any legal advice on this website. Period.

October 9, 2005

Welcome to the Hackocracy

A great article from The New Republic about fifteen members of the Bush administration who are grossly unqualified for their jobs. Some are completely new names to me. The article requires a free registration to the New Republic, but it's worth the ten seconds of annoyance to read the article.
The Bush era has taken government out of the hands of the hyper-qualified and given it back to the common man. This new breed may not have what the credentialists sneeringly call 'relevant experience.' Their alma maters may not always be 'accredited.' But they have something the intellectual snobs of yore never had: loyalty. If not loyalty to country, then at least loyalty to party and to the guy who got them the job. And their loyalty has been rewarded: Even if they fail, they know they can move up the chain until they find a job they can succeed in or until a major American city is destroyed, whichever comes first.

October 8, 2005

Burning Bush.

Apparenty, Bush said God told him to invade Iraq. According to Arab leaders:
President Bush told two high-ranking Palestinian officials that he had been told by God to invade Afghanistan and Iraq and then create a Palestinian state to bring peace to the Middle East, they recall during a documentary on Middle East peace that airs next week in Britain.

"President Bush said to all of us: 'I'm driven with a mission from God,' " said Nabil Shaath, who was the Palestinian foreign minister at the time of a top-level meeting with Bush in June 2003. Mahmoud Abbas, then Palestinian prime minister and now the Palestinian Authority president, was also present for the conversation with Bush.

"God would tell me, 'George, go and fight those terrorists in Afghanistan.' And I did, and then God would tell me, 'George, go and end the tyranny in Iraq ...' And I did. And now, again, I feel God's words coming to me, 'Go get the Palestinians their state and get the Israelis their security, and get peace in the Middle East.' And by God I'm gonna do it," Shaath quotes the president as saying in the three-part series.

The White House is denying that the president is insane and a total embarrasment to the United States.

October 5, 2005

So many blogs about Harriet Miers.

As much as I hate to admit it, John Roberts is probably going to make a good Chief Justice. Even a whining liberal like me can tell he has the experience and intelligence which make him qualified to run the Court. But Harriet Miers?
Granted, I was hardly suprised that another one of Bush's buddies was tapped to fill a job for which s/he was grossly unqualified. And, other Supreme Court justices have also lacked bench experience. But, even when compared with Sandra Day O'Connor, Miers' credentials are so sub-par that her nomination seems like a joke (Southern Appeal has a much funnier take on this issue).

Miers' weak resume and lack of experience in the legislative, executive, or judicial branches of federal, state, or local governments, coupled with a penchant for eerie Jesus-finding experiences makes me hope this will be a short process.

October 4, 2005

Word spy.

43 folders recently reminded me about wordspy.com, a dictionary of neologisms selected based on their frequent appearance in newspapers, magazines, and other recorded sources (cf.a "stunt word", which is "a nonce word coined just to show off"). I hadn't checked it in a while, and there were some additions I hadn't seen before. Some of my favorites include:

October 3, 2005

Oh, God, not an easement.

This post from the Legal Reader gives me the bar exam chills. It really is every lawyer's nightmare to get a case like this.
Plaintiff's counsel showed up for the first day of an anticipated two-day bench trial to determine whether her client had either a prescriptive easement or an easement by necessity over defendant's property -- without which, plaintiff's parcel would be 'land-locked' and inaccessible.

In the mind of Judge William Highberger of L.A. County Superior Court, the key piece of evidence was a deed from 1922. Plaintiff had produced a copy of the deed to defense counsel, who had used it as an exhibit to depositions and had questioned witnesses (including defendant) about it.

Plaintiff's counsel assumed that its authenticity was not an issue, and that defense counsel had waived any such objection by using it in depositions. So she didn't get defense counsel to stipulate to its authenticity, she didn't get a certified copy, and she didn't have a witness present who could authenticate it.

Essentially on his own, the judge raised the authenticity issue and ruled the deed inadmissible. He then refused plaintiff's request for a continuance until the next day to allow her to obtain a certified copy. He then invited defendant to move for 'judgment' due to plaintiff's failure of proof, and granted the motion.

Plaintiff's post-trial motions were denied, and plaintiff was left with an unusable and potentially worthless piece of real estate, without ever having had a hearing on the merits. All because the judge chose to be an unreasonable stickler that particular morning.

The post contains a link to the unpublished memorandum opinion, Harker v. Delson Investment Co., No. B174749 (2nd App. Dist., Div. 1). Read the dissent. It's a real hoot.