Thursday, February 24, 2005

When Ordinary is Not Enough, by Pamela Troy

via Democratic Underground:
Our national media has shirked that responsibility. By abandoning the pursuit of truth in favor of a form of stenography, of he said/she said journalism, they have allowed lies to go unchallenged and the power of the press to be transformed into a propaganda vehicle for the Bush administration and its corporate buddies. The damage this has already done to our country and the terrible impact it has already had on individual American lives, is undeniable. When the history of the Bush administration is written – and I have enough faith in humanity to believe that the Bush faux patriotism extant today will someday be remembered with the same contempt that we now remember McCarthyism and Jim Crow – the mainstream press as it is now will not be regarded as heroes.

They know this. They aren't stupid and they aren't ignorant of history. But knowing something and admitting it to oneself are two different things.

It would have been nice if the Guckert/Gannon embarrassment had resulted in genuine soul-searching among the press about why this outrageous shill had gone undetected by the mainstream media even as he sat several feet away from reporters who are presumably the best and brightest of their profession. It could still happen. Maybe it will.

But don't bet on it.


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Hey Jesusland! Get a Job!

A commentary by Eric Scigliano via SeattlePI.com:
"There's a general perception out there that the blue states are big net recipients of federal subsidies," says Harvard business professor Herman "Dutch" Leonard. And there's a corollary perception that, in contrast to these welfare-queen states, the inland and Southern states are a heartland of self-reliance and private initiative, less dependent on federal spending. As Leonard says, "That historically hasn't been the case." And it's becoming less and less so.

* * *

The results, when you crunch the fragmented state data, are striking. In 2003, according to the Tax Foundation data, the blue states contributed $966 billion to the federal Treasury and got $830 billion back. The reds paid $697 billion and received a whopping $909 billion. Welfare queens, indeed.


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Compassionate Conservatism On Display

The message from Jesusland: our troops are heroes, except when the parents of said troops dare speak out against the policies that led to their childrens' deaths.

via News Hounds:

Cindy and Pat Sheehan, whose son Casey was killed in Iraq last April, were guests during the second hour of Alan Colmes' radio show last night (2/22/05). The grief was evident in their voices as they spoke from their hearts about their opposition to the Iraq war and the conduct of Bush and Rumsfeld toward the troops. I almost cried listening to them and Colmes was also obviously affected by their story. At the end of the segment, he said, "I know I echo the sentiments from our audience when we express - it almost sounds redundant - our sympathy for your loss." Unfortunately, he was wrong. Much of the FOX listening audience was not moved by the Sheehans but angry that they dared to speak out against the war and that Colmes would allow them to do so on national radio.


meat-eating leftist weighs in: "These are the red-staters, my friends. Look at them now. They cry more when NASCAR drivers die than when American troops lose their lives."

Also check out the Sheehan's support group for families who have lost loved ones in the war, Gold Star Families For Peace.

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What We Could Have Bought for $300 Billion

via The Left Coaster: "The cost of the Iraq War is obscene, there isn’t any real auditing of how this money is being spent, our own citizens desperately need the spending for basic necessities, and the $300 billion exacerbates an already insane fiscal policy. George Bush seems more than happy to squander our money on total failure while nobody speaks for the citizens of America, who are being neglected and saddled by incredible debt for this utter failure."

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Big firm blogs....Not passionate, but good for the blawgosphere

via Promote the Progress: "I firmly believe that the difference between bfb's [big firm blogs] and blogs by solos and small firms will be one of passion. In a recent post for the anniversary of PTP, I explored the question of why I blog...and gave this simple answer: passion. This one word defines the entire blogging experience for me. Sure the blog helps with client development (a little), but my passion for intellectual property law, computers, technology, and writing is the driving force.

I suspect most bfb's will lack this passion, making them easy to spot. Associates will blog for credit (real or perceived), not passion. Partners will supervise by committee, which will likely drain any passion that may be present.

I do think a surge of bfb's will benefit the blawgosphere generally, though. Big firms will attract a lot of attention, and should nudge more and more people into the blawgosphere. Big firms have big networks and big marketing budgets. Their entry into the blawgosphere will attract lawyers and non-lawyers alike. Some of those people will start using RSS, follow links and conduct searches and, one day, discover the passion present in solo and small firm blogs."

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The Open Source Approach to Patent Policy

The American Constitution Society Blog: "So why worry about software developers, after all patent policy went largely unnoticed during the industrial revolution? That question points to a critical difference between software development and manufacturing. Patent infringement in the manufacturing world is a corporate enterprise. To pose any real threat to a patent holder, it would require millions of dollars in capital to deploy the technology required to truly infringe. That is not the case for software, where one individual with a broadband internet connection can do as much damage to a patent holder as a Fortune 500 company. The difference makes things sticky at the policy level."

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Wednesday, February 23, 2005

Twelve Ways Technology Can Make You a Better Trial Lawyer

David Swanner hosts South Carolina Trial Law Blog, the tagline of which is Using Technology to be a Better Trial Lawyer. He offers 12 helpful tips as a guest blogger on Evan Schaeffer's Notes from the (Legal) Underground.

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Interview with Mark Crispin Miller

via BuzzFlash.com: "Buzzflash: The Republicans are against quotas and affirmative action, but accuse the Democrats of discriminating when they don't support a Clarence 'Stepan Fetchit' Thomas or Alberto 'Torquemada' Gonzales. Now, they are making an Internet gay hustler into a victim. How do they get away with their brazen immorality and hypocrisy?

Mark Crispin Miller: Again, it's not hypocrisy. It's worse. When they assail the Democrats for bigotry, some of them at least are capable of half-believing it. The propagandist who can vent straight from the heart is always more effective, more convincing, than the one who has to fake it. Orwell's notion of 'doublethink' is pertinent here. The rightists have the knack for being cynical manipulators and passionate fanatics at the same time. So they can muster something like genuine outrage that the Democrats are bigoted, etc.

Also, they are themselves more deeply into victimology than any liberals. They actually do see themselves as persecuted. So did Hitler."

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Friday, February 18, 2005

The fast boat crusade

via Steve Gilliard's News Blog: "See, the right pundits exist because they live in polite Washington society, a place where Chris Hitchens can swan around drunk with his pregnant mistress, while still married and got help from his 'friends', who he then turned on like Kim Philby. It's a little club where everyone drinks with each other and their kids go to the same schools.

We are not part of that world. We hate that world. We want to destroy that fake civility and bring real accountability to their work. But to do that, we have to challenge them."

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Thursday, February 17, 2005

Peer-to-Peer Networking and Digital Rights Management: How Market Tools Can Solve Copyright Problems

Cato Institute Study: "This study argues that the basic functions of DRM and P2P can be quite complementary and that innovative market mechanisms that canhelp alleviate many copyright concerns are currently blossoming. Government should protect the copyrights of content owners but simultaneously allow the free market to determine potential synergies, responses, and outcomes that tap different P2P and DRM business models. In particular, market operations are greatly preferable to government technology controls, on the one hand, or mandatory compulsory licensing schemes, on the other."

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Copyright, Commodification, and Culture: Locating the Public Domain

Byt Julie Cohen, Georgetown Law, via SSRN: "The paper offers a different organizing metaphor for the relationship between the public and the proprietary that matches the theory and practice of creativity more accurately: The common in culture is the cultural landscape within which creative practice takes place. This in turn suggests a need to recalibrate the doctrines that determine the scope of a copyright owner’s rights during the copyright term, particularly those that establish the right to control the preparation and exploitation of copies and derivative works."

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Open-source board eyes fewer licenses

via CNET News.com: "Incompatible licenses among different products prevent people from sharing code from different open-source projects. Having too many licenses complicates potential sales to corporate customers, which may have to do extensive legal reviews and manage multiple kinds of open-source contracts.

"It's confusing as hell to explain to customers," said Michael Olson, CEO of open-source database company Sleepycat Software. "It's confusing…because we are just wrapping our heads around what (different licenses) mean to us as businesspeople." "

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Wednesday, February 16, 2005

Mergers and The Future of the Law Firm Business Model

Bruce at the Adam Smith, Esq. Blog sees the recent spate of mergers as supporting those who view that mid-size firms (which are defined as between 100-400 lawyers), especially those without solid footholds in several of key large cities, are an endangered species.

On the other hand, Reid, of Reid My Blog, sees terrific opportunities in the shakeout resulting from recent mergers.

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Have Those Seeking SS's Downfall Bothered To Think Things Through?

via Matthew Yglesias's blog: "So I've now gone on for a very long time about this, but I think it's important. Not just for Social Security but because it tells us a lot about the operations of the contemporary right. It's no shame that the vast majority of conservatives haven't thought through the detailed economic questions here. Doing that sort of thing simply isn't the job of 'most people.' It's outsourced to a small community of specialists. But what's telling is how hollow the small community of specialists is at its core. The rank-and-file are deferring to talk radio hosts and the like who are, in turn, deferring to more highbrow pundits (this is, I think, the sort of role I play in my small way on the left). The pundits think they're deferring to a bunch of trusted experts somewhere who've run the numbers. But it turns out that no one has run the numbers. It's a systemic breakdown throughout the movement with regard to the single largest program the federal government runs."

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ABA 20th Annual Intellectual Property Law Conference

In D.C. (actually in Arlington, VA -- USPTO-adjacent), April 13-16. The ABA IPL site: "Now in its 20th year, the Annual Intellectual Property Law Conference of the ABA Section of Intellectual Property Law promises to provide a gathering of the foremost authorities on the state of intellectual property law. It is the one conference of the year that you as an IP law practitioner should not miss. The conference is recognized for its preeminence in covering IP law topics, both nationally and internationally, and in recent years has received over 600 attendees annually."

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The Hotline, the Cowed and Lazy Journos and Bulls**t Sanctimony

John at AmericaBlog laying into The Hotline: Oh, gee, the Hotline warns, this might establish a precedent. Really? You mean the GOP might respond by using our sex lives against us as a weapon to destroy us and curry votes with bigots?

I don't like this battle, I don't enjoy this battle. I hate this battle. But the battle began years ago, and until now, we sat back and watched and waited and hoped it would go away. Well it's not going away. We have a choice. We can sit back and watch the GOP sex police destroy us. Or we can fight back. And I can think of nothing more poetic, nothing more just, than fighting back by simply holding them to their own standards.


This same could be said for all the other disingenuous hand-wringing from the MSM cropping up all over.

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Moron is an Interesting Word

via Reuters.com: "'Benefit cuts is an interesting word,' Bush was quoted as saying in the Quad-City Times, a Davenport, Iowa newspaper.

'Benefits are scheduled to grow at a certain rate, and one of the suggestions, for example ... was they grow ...they grow, but not at a rate as fast as projected. You can call it anything you want. I would call it an adjustment to reality,' he said."

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MGM Studios v Grokster Briefs

All ot the briefs may be found conveniently all in one place, courtesy of the fine folks at the U.S. Copyright Office.

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Don't like software patents? Learn to deal

via CNET: "Open-source programmers might not like the idea of software patents, but those critics would be better off adapting to the fact that they're not going away, Hewlett-Packard's top Linux executive said Tuesday.

'At the end of the day, software patents are a way of life. To ignore them is a little bit naive,' Martin Fink, HP's vice president of Linux, said here at the LinuxWorld Conference and Expo. It's fine to object to software patents, but it's foolhardy not to try to acquire them, he said.

'Refusing to patent one's ideas is leaving oneself exposed for absolutely no good reason,' Fink said. 'For some, (getting patents) may seem like selling out. You can comfort yourself that it's what you do with the patent that matters, not the fact that you have one.'"

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Reviews of David Bollier's Brand Name Bullies

Wired's' Amit Asaravala asserts that the book's real value is in its numerous case studies of copyright and trademark battles.

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High Cost of Living Goes Beyond Ridiculous

Too depressing to blog about.

SFGate: Bay Area home prices increase 20%, sales skyrocket;
Low interest rates, overseas buyers lift market even higher:

Though the start of the year is typically the slowest time in the real estate market, abnormally strong demand, relatively short supply of properties and an influx of international buyers pushed the median price for a single- family home in the nine counties to $556,000, just below the record of $560, 000 set in November but a whopping 20 percent more than the year-ago price of $463,000. It was the strongest year-over-year appreciation rate in four years.

The housing market's continued robust performance defies well-worn predictions of a slowdown. Following the technology meltdown and the loss of hundreds of thousands of jobs, many economists expected the region's real estate sector to suffer. But after a decline in sales of high-end homes in 2001, the market rebounded -- and then some -- driven by low interest rates, consumers' reluctance to plow money into stocks and newly flush trade- up buyers.


More good news. SF Business Times: Income-to-housing gap widens in California

Want to buy a house in California? Get a job. Make that two jobs. Or maybe three.

California households, with a median household income of $53,240, are $56,070 short of the $109,320 qualifying income needed to purchase a median-priced home at $470,920 in the state, according to figures compiled by the California Association of Realtors and released Tuesday.


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Tuesday, February 15, 2005

Great Summary of U.S. Import Exclusion Proceedings

via I/P Updates: "In essence, so-called "Section 337 investigations" are administrative proceedings before the U.S. International Trade Commission to determine whether the Customs Service should be directed to excluded infringing goods from importation into the U.S. Most trademark and copyright infringing imports can be stopped by working directly with the Custom Service, without having to obtain an exclusion order from the ITC, as discussed at http://www.cbp.gov/xp/cgov/import/commercial_enforcement/ipr/. Consequently, most of the unfair import investigations before the U.S. International Trade Commission involve patent infringement allegations.

The law and administrative procedures for these investigations are very similar to the "civil procedures" that are used to decide patent infringement allegations in the federal courts. However, parties to these investigations include "complainants," "respondents," and the ITC "staff" attorney representing the public interest. Section 337 investigation also tend to proceed more quickly than civil lawsuits."

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Monday, February 14, 2005

Dennis Kennedy Answers Your Questions

My current favorite post via his eponymously titled blog: "What three things would you tell your younger self, if you could go back in time, or your daughter in the future, to resolve about themselves when trying to decide whether law is the right career?"

Where's The Bill

via TAPPED: "Appearing yesterday on Tim Russert's Meet The Press, Charlie Rangel got asked the question that's on the lips of every member of the Beltway media elite. 'If you oppose the president's plan, what is your plan? What would you do?' Rangel's answer was just right: 'What a question. What president's plan? The president has not presented us a plan.'

The president has been earning plaudits both publicly and (based on some emails I've seen) privately from journalists and others for showing the courage to tackle Social Security reform. The reality, however, is that he's tackled nothing. He's been running around the country talking about his ginned-up crisis, how wonderful it would be if you had a private account, and how he'll never raise taxes on anyone ever for any reason. Reading between the lines, we can all tell what that means -- benefit cuts. But without the president putting an actual plan on the table, no one can say exactly whose benefits will be cut and by how much. And that, of course, is the point of keeping the Republican plan secret. Publicly releasing it would subject it to criticism and Social Security's friends could point out the particular weaknesses in the proposal."

Scalp Collecting and Hand-wringing: The Right Takes The Cake, Every Time

via Digbys blog: "Kevin is right that scalp collecting benefits the right, but it has nothing to do with bloggers or liberals' willingness to engage in the game. It has to do with the fact that character assasination has been the political combat weapon of choice on the right for a long, long time. Hounding people from their jobs is one of their favorite tools of intimidation.

Remember Webb Hubbel, Bernie Nussbaum, Mike Espy, Henry Cisneros, Roger Altman blah, blah, blah? And let's not forget that they spent 70 million taxpayer dollars trying to hound Clinton out of office. He just refused to go. The only difference now is that the target is the long-hated liberal media and bloggers have joined the assassination squad.

If liberal bloggers' record of scalps is Trent Lott losing the leadership post that Bush wanted him out of anyway then we aren't even in the same league. The Right Wing Noise machine is a group seasoned professionals made up of bloggers, newspapers, FOX, talk radio, and a direct pipeline to powerful Republicans in the government. We are Kos and Atrios et al. We are not equivalent."

Federal Circuit Addresses Experimental Use

In Lisle Corp. v AJ Mfg, the panel upheld the lower court's denial of summary judgment sought on grounds that the patent was invalid on public use grounds. The court agreed that the evidence was sufficient to show that any disclosure fit within the experimental use exception.

Publication As Preemptive Move to Foreclose Competitor's Potential Patent Claims

via Anything Under the Sun Made By Man: "if a business is afraid that a stronger or more aggressive competitor may develop a similar technology, the business may attempt to dump as much of the technology into the public domain before the competitor may develop and patent the same technology. If the aggressive competitor were to obtain patents in the area, it may attempt to enforce the patents against the first business.

In this strategy, the technology is made known in the art before anyone else can develop and patent the technology. This benefits a business because an aggressive competitor cannot patent the technology and sue the first business.

On the down side, the technology that was disclosed could have been secret, proprietary, and otherwise a trade secret. In essence, the cat is being let out of the bag.

There are several ways to get technology into the public domain, and some are better than others. Publishing papers, including publishing research on the Internet, is one way to get the information in to the public domain.

However, one of the best ways to ensure that the information will prevent the stronger competitor from obtaining patents on the technology is to make sure that the patent examiner uncovers the first business’s disclosure.

Since the examiner spends a vast majority of his or her time searching patent archives over any other searchable resource, the best way to get the information publicly disclosed is to file a patent application that is published.

For a patent application to serve as a roadblock for a competitor’s patent, it merely has to be published, and never needs to be issued. This means that a defensive patent application could be filed with a request for early publication. For a small entity in the US, this cost is currently about $800. If no further action is taken, no patent will issue, but the disclosure will be in the patent system, classified in the classification system, and instantly searchable by the examiners against all future patent applications in that field."

Friday, February 11, 2005

More on the Privatization Tax; The Transparency of the Scam is Amazing

Noam Scheiber's &c. via The New Republic Online: "Matt [Yglesias is] obviously right. (It's not a particularly controversial statement.**) In fact, I think you can go further. The first point to make is, given that the risk-adjusted returns on stock are the same as the risk-adjusted returns on bonds, you don't need a privatization scheme to accomplish what we'll end up accomplishing with private accounts. That is, under privatization, some people will earn more than the 3 percent return they'll have to pay back, other people will earn less than the three percent return they'll have to pay back. On average, there will be no net benefit (i.e., no new wealth created; it's just getting redistributed). But, of course, the government could do that on its own, without privatization. It would just have to pick a certain group of people who would do better than they would under the current system, and a certain group of people who would do worse, taking care to make sure that the numbers exactly offset. The only difference between this government-run system and the privatized system is who gets to pick the winners and losers (i.e., the market versus the government); there would still be the same number of winners and losers, and the size of their gains and losses would be the same. (Assuming that's what the government set out to do.)

But we can go even further than that. Under privatization, it's a safe bet that the winners would mostly be affluent people and the losers would mostly be poor people. Why? Because affluent people typically have more experience and knowledge about investing, and access to superior investing advice, and they're more likely to exploit this experience/knowledge/advice to make above-average returns. By contrast, poor people with little experience/knowledge/advice would be the ones most likely to get burned. So, in effect, privatization is a scheme in which we don't create any new wealth, we just take from less affluent people and give to more affluent people. (Again, this is in the aggregate--there will obviously be individual exceptions).

But, of course, this is pretty morally-arbitrary. As long as you're not creating new wealth, why not a system which takes from the more affluent and gives to the less affluent (which, as we've established, we could pull off just as easily)? The answer, obviously, is that, unlike the poor, rich people know when they're getting screwed, and they'd never let it happen. So the final question is, if a system in which group A gets screwed by group B could never fly because group B would point out its fundamental unfairness, why should we impose the exact same arrangement on group A, simply because group A can't defend itself? If you can't answer that question in good conscience--and I don't think you can--I'm not sure how you defend privatization.

Thursday, February 10, 2005

Social Security Privatization: The Retirement Savings Gamble

Center for American Progress Special Report: "These numbers show that privatization amounts to a retirement savings gamble, where the winnings are unevenly distributed. Some generations will do poorly, while others could do fine. This asymmetry is also reflected in the government's finances. The government would face the costs if the privatization gamble fails, while it would see few benefits in the years when the privatization gamble's payout is larger than expected."

More on the Scam: Privatization Tax

via TAPPED: "It's worth pointing out that this isn't some kind of goofy coincidence. The 3 percent 'privatization tax' (nice framing!) represents the interest rate on the bonds the government is going to need to sell in order to loan you the money to start your private account. The only way you can make money under those circumstances is to invest your money in vehicles -- either corporate bonds or stocks -- that have a higher rate of return than do Treasury bills. These other assets offer higher returns specifically because they're riskier. The CBO believes that the expected value of your account should be adjusted downward ('risk-adjusted,' as the Senate Dems' document says) to reflect this greater risk. But by how much should it be adjusted downward?

The CBO follows the orthodox economic view that the market for investment commodities is efficient and that stocks' higher rate of return when compared to bonds (the 'equity premium') precisely reflects a rational assessment of their greater riskiness. If it were otherwise, the orthodox view suggests, demand for bonds would drop (because people could make more money investing in stocks), causing interest rates to rise, thus bringing the equity premium in line with the appropriate risk adjustment. As a result, it's impossible by definition to increase the risk-adjusted value of your portfolio by taking out a loan at bond interest rates (which is functionally equivalent to what Bush's proposal would let you do, even if it's arranged differently as an accounting matter) and using the money to buy stocks.

The logic of the Bush proposal rests on the notion that there's quite literally a free lunch to be had by engaging in a massive arbitrage operation where the government sells bonds and uses the money to let people buy stocks. Some economists really do think this is correct -- that the equity premium is too high. I'm not in any position to adjudicate that dispute beyond noting that it's a bit odd for a conservative economic policy proposa"

Pastor Mark to Baptists: Keep 'em coming

via World O'Crap: "In an attempt to stay true to our roots (poking good-natured fun at wingnuts and other assorted loons) even though we've left the farm of obscurity for the gay Paree of MSNBC, the Washington Post, and Salon, we offer to you some selections from a Baptist Press 'First Person' essay:"

Whiskey Bar Has The Story

Anatomy of a Scam

Wednesday, February 09, 2005

Bush Keeps Getting Caught Up in His Own Lies

But do the people care? cai washingtonpost.com: Bush's Social Security Plan Assumes Much From Stocks: "To conclude that Social Security is careening toward a crisis in 2042, President Bush is relying on projections that an aging society will drag down economic growth. Yet his proposal to establish personal accounts is counting on strong investment gains in financial markets that would be coping with the same demographic head wind.

That seeming contradiction has become fodder for a heated debate among economists, who divide sharply between those who believe the stock market cannot meet the president's expectations and those who say investor demand from a faster-growing developing world will keep stock prices rising.

'If economic growth is slow enough that we've got a problem with Social Security, then we are also going to have problems with the stock market. It's as simple as that,' said Douglas Fore, director of investment analytics for TIAA-CREF Investment Management Group. A spokeswoman said the company has not taken a position on the Social Security debate."

AARP to Bush: No Way

via Reuters.com: "WASHINGTON (Reuters) - The U.S. retirement system does not need a major overhaul or private accounts and can be stabilized through a series of smaller fixes, the nation's largest lobby group for the elderly said on Wednesday.

The AARP, formerly known as the American Association for Retired Persons, said the amount of wages that can be taxed for Social Security should be raised from $90,000 to $140,000. The change could be phased in over about 10 years and would cut the projected shortfall by 43 percent.

The government should also diversify investments for the fund that pays out the benefit to include a total market index fund that would yield a higher return, according to the group. That could reduce the shortfall by about 15 percent."

Senate Democrats Shine a Bright Light on Bush "Privatization Tax"

via Harry Reid: "With the new 'privatization tax,' the Republicans are going to give with one hand and take away with the other. Their plan will allow individuals to take money from the Social Security Trust Fund and put it into private accounts. But to recoup this money and lost interest for the Trust Fund, the Republicans will issue the new privatization tax, which will eliminate benefits by up to 70 percent or more.

'The notion of private accounts in Social Security mentioned by the President as part of a reform package is not all that it seems,' Baucus said. 'At the same time that the private accounts are adding to retirees' income, much, if not of all of this additional income is being offset dollar for dollar through reductions in their Social Security benefits. Moreover, if the investments in retirees' private accounts do poorly, the retirees' could end up worse off financially than they would have without the private accounts at all.'"

Why Does Anyone Believe Anything They Say?

Matt Yglesias at TAPPED: "UP, UP, AND AWAY. I remember those innocent days when you could get worked up about how the Bush administration lied to Congress and lowballed the cost estimate for the Medicare prescription drug bill by over $100 billion dollars. Now it comes out that costs were actually being understated by something more like $300 to $800 billion.

Beyond the obvious outrages, I think the interested under-covered angle here was House Republicans' eagerness to swallow the deceptions they were being told. They were the ones, you'll recall, who were insisting they wouldn't vote for anything that cost more than $400 billion. So the White House told them what they wanted to hear. Even at the time, everyone who was following the policy issue thought that was a substantial underestimate. One of the changes that's produced this new cost estimate, for example, is that the ten-year price tag now covers the first ten years of the program's existence rather than the first eight years of the program added to two earlier years when costs were projected to be lower due to the program's non-existence."

Homeland Security Czar as Pharoah

Jeffrey Dubner via TAPPED: "WAIVE GOODBYE. A few months back I worried about Congress developing a taste for legislation that strips federal courts of jurisdiction over any old subject. It's a common tactic on hot-button issues; liberals used it to safeguard the Reconstruction Acts after the Civil War and labor issues before the Supreme Court gave its blessing, while House Republicans have recently brought it out for show on the Pledge of Allegiance and same-sex marriage. But since when is it standard practice to slip such provisions into construction projects?

Section 102(c) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 … is amended to read as follows:

“(c) Waiver. —

“(1) In general. — Notwithstanding any other provision of law, the Secretary of Homeland Security shall have the authority to waive, and shall waive, all laws such Secretary, in such Secretary’s sole discretion, determines necessary to ensure expeditious construction of the barriers and roads under this section.

“(2) No judicial review. — Notwithstanding any other provision of law (statutory or nonstatutory), no court shall have jurisdiction —

“(A) to hear any cause or claim arising from any action undertaken, or any decision made, by the Secretary of Homeland Security pursuant to paragraph (1); or

“(B) to order compensatory, declaratory, injunctive, equitable, or any other relief for damage alleged to arise from any such action or decision.”

Unbelievable. Or, sadly, too believable.

Letter From One of Josh's Readers

via Talking Points Memo:: "Dear Josh-

Thank you for everything you are doing to shatter and dispel the falsehoods coming out of the administration about Social Security. I'm a 53 year old who began working at age 16. My mom, widowed at age 36 with 3 young kids, brought us up to believe that in America, you could strive toward your dreams and carve out your own future. She returned to work, of course, but could not have kept our family together without the benefits she received from Social Security and my Dad's veteran's benefits - he was a U.S. Marine who fought on the beaches of Iwo Jima.

I chose a path that allowed me independence in my life. I've been an independent contractor in my profession throughout my career, as has my husband. We pay our own health insurance premiums (currently $967 / month Oxford Health Plans, dig that!) make yearly contributions to our own IRA's, own our house, pay our taxes, and willingly pay our SSA contributions.

Mr. Bush wants to denigrate the service and the sacrifices of my father and my mother by saying their children don't deserve to have the social contract America made with us honored. I know deeply and personally how life can change in an instant, and if anyone wants to talk to me about it, I'll be glad to give them my two cents.

We are facing a galvanizing moment in America as we decide if we are to be a country that understands and lives the humanistic concept of being one's brother's keeper, or if we decide instead to adopt a ruthless, me first, sink or swim approach to dealing with our citizenry.

I pray with all my heart we choose the former."

Tuesday, February 08, 2005

The Right-Wing Express

via AlterNet: "Consider that the conservative political movement, which now has a hammerlock on every aspect of federal government, has a media message machine fed by more than 80 large non-profit organizations – let's call them the Big 80 – funded by a gaggle of right-wing family foundations and wealthy individuals to the tune of $400 million a year.

And the Big 80 groups are just the "non-partisan" 501(c)(3) groups. These do not include groups like the NRA, the anti-gay and anti-abortion groups, nor do they include the political action committees (PACs) or the "527" groups (so named for the section of the tax code they fall under), like the Swift Boat Veterans for Truth, which so effectively slammed John Kerry's campaign in 2004.

To get their message out, the conservatives have a powerful media empire, which churns out and amplifies the message of the day - or the week - through a wide network of outlets and individuals, including Fox News, talk radio, Rush Limbaugh, Oliver North, Ann Coulter, as well as religious broadcasters like Pat Robertson and his 700 Club. On the web, it starts with TownHall.com

Fueling the conservative message machine with a steady flow of cash is a large group of wealthy individuals, including many who serve on the boards of the Big 80.

Rob Stein has brilliantly documented all of the above in "The Conservative Message Machine Money Matrix," a PowerPoint presentation he has taken on the road across the country, preaching to progressives about the lessons that can be learned and the challenges that need to be overcome."

Outlicensing IP Drives P&G Growth

via IP Law & Business: "In recent years Cincinnati-based P&G has taken an approach to intellectual property management that tears down the walls of that fortress mentality. Often described as 'open innovation,' P&G's strategy is now taking hold at a number of leading companies. None are more closely associated with the concept than P&G, which is now regarded as a leader in the field, selling such successful products as Olay Regenerist (a face cream made with a peptide molecule licensed from Sederma SAS) and Glad Press 'n Seal (a food wrap produced in a joint venture with Clorox Co.)."

Noted by I/P Updates.

Beyond the Tipping Point by Leesa Klepper

via ACSBlog: "Lost amidst the recent press about potential judicial nominations battles and the Republican’s “nuclear” strategy are the true facts about the federal judiciary today.

The fact is that our federal courts are, both quantitatively and ideologically, beyond the tipping point. Already, more than three-quarters of the federal appellate courts in our country are dominated by Republican appointees. This is a dramatic difference from 2000, when Democratic and Republican appointees were represented in almost equal number on the circuit courts. The difference will become even starker over the next four years as this President’s nominations agenda continues on its divisive path.

Although Republicans talk of obstruction, the fact is that President Bush had more of his judges confirmed in his first term than either President Reagan, the first President Bush, or President Clinton had confirmed in their first four years."

Ask Jeeves buys Bloglines

via CNET News.com: "The draw for all the search engines is potential new advertising revenue that could come from expanding paid links to RSS feeds and blogs. Search engines are also interested in bolstering search technologies for the expanding universe of blogs."

Monday, February 07, 2005

Somehow Its the Democrats Fault

via The Washington Monthly: "For the love of God, can we stop this? Democrats would be delighted to rescue Social Security by keeping the inheritance tax or undoing Bush's tax cuts for the wealthy. It's Republicans who won't hear of it. Democrats are also happy to support add-on private accounts. You can hardly swing a dead cat without hearing some Democrat saying so. But that's not what George Bush is proposing. And I imagine Democrats would be open to the idea of reducing the payroll tax and replacing it with something more progressive, too. But Bush's plan contains nothing of the kind.

As happens so often, the journalistic community has decided that they're required to say that both sides are being equally irresponsible, regardless of the facts. The way to do this, apparently, is to (a) condemn Democrats for opposing a plan they all acknowledge is a bad one, and (b) then condemn them further for not supporting their own favored alternatives, even though they know perfectly well that the obstacle to these alternatives is not Democrats but Republicans.

It's George Bush who's insisting on a private account plan that even his own people admit won't do anything to shore up Social Security's finances. It's George Bush who's insisting that the only cures he'll consider are ones that include huge — but quiet — benefit cuts. It's George Bush who has publicly refused to even consider proposals to increase Social Security revenue in any way. It's George Bush who has run up the unconscionable deficits that are far more responsible for our deterioriating finances than anything in the Social Security system.

The facts: Social Security has modest problems that are many decades out. They could be easily solved with small benefit cuts combined with small tax increases. A bipartisan solution could be hammered out in a few days if it weren't for one person: George Bush.

The problem isn't that Democrats aren't willing to negotiate. The problem is that Democrats don't have anyone to negotiate with. That ought to be the story."

Thursday, February 03, 2005

Through The Looking Glass (Again)

It just boggles the mind. The best friend of Death Squads throughout the hemisphere is now put in charge of "Bush's strategy for advancing democracy." Orwell is laughing his ass off somewhere.

Iran-Contra Figure to Lead Democracy Efforts Abroad
(via washingtonpost.com):
Elliott Abrams, who pleaded guilty in 1991 to withholding information from Congress in the Iran-contra affair, was promoted to deputy national security adviser to President Bush.

Abrams, who previously was in charge of Middle East affairs, will be responsible for pushing Bush's strategy for advancing democracy.


I guess using Abrams as Freedom's Bully makes sense given that, for Bush, exporting democracy means grand, unprovoked invasions resuling in tens of thousands wounded, maimed or killed and our troops bogged down in another guerilla conflict. Do not expect a charm offensive from Elliot (I put the A in A-hole) Abrams:

"He is relentless in pursuit of his agenda," said someone who has clashed with him in internal administration debates. "If that means pushing people out of the way who disagree with him, then that is what he will do."


Plus, he fits in well with the Bush penchant for historical revisionism, informally known as the "Black is White" device:

In an exchange with the human rights activist Aryeh Neier on ABC's "Nightline" in 1984, Abrams insisted that widely reported massacres by right-wing death squads in El Salvador "never happened."

* * *

Abrams also had problems with Congress over the Iran-contra scandal. In 1991, he was forced to admit in court that he had not disclosed his knowledge of a secret contra supply network and his solicitation of a $10 million contribution for the contras from the sultan of Brunei. He received a pardon from President George H.W. Bush in December 1992.

An administration official brushed aside questions about the plea bargain, noting that Abrams had received a full pardon. In a 1993 book, "Undue Process," Abrams forcefully defended his actions, describing the legal proceedings against him as "Kafkaesque" and his prosecutors as "filthy bastards."


Class.

I'm not vouching for the following source, but you will find a whole bunch more info on the guy who puts the mock back into Democracy. Link

Quote of the Day

"Last night, in his artful attempt to sell Social Security privatization, President Bush invoked the names of five Democrats and not a single Republican. He did so for one simple reason - the American people trust the Democratic Party on Social Security.

"Democrats created Social Security. Democrats defended it against Republican raids. And it will be Democrats who lead the way in strengthening Social Security for future generations."

-- Nancy Pelosi

Reality Check on the SOTU

via Moving Ideas.org "On February 2, 2005, President Bush addressed the nation asking each of us to support his second term agenda. He talked about privatizing Social Security, the war in Iraq, and his other priorities for the upcoming year. Now it’s time for a reality check courtesy of Moving Ideas."

But first read the brilliant fact checking at the Think Progress blog.

Who Owns Blog Content?

via InformationWeek: "As more professionals create Weblogs, those opinion-filled Web sites where a mix of anecdote and insight can stir interest in one person's observations or an entire company's strategy, the complexities and questions are beginning to surface. Who owns Weblog content? What are the risks? And how far should employees go in sharing their thoughts?"

Europeans Take Another Whack at Software Patents

via ACSBlog: "With this unsettled background, the European Union is embarking upon its own effort to bring patent protection to software. Although the EU process for approving this directive may have the same democratic deficiencies as the Supreme Court's ruling, it more than makes up for it with procedure.

* * *

Open source proponents fear that extending patent protection will result in a complete lockout for interoperability. If Microsoft patents the connection protocol and charges a licensing fee to any software manufacture who wishes to connect to a Microsoft product, open source development would effectively ground to a halt because its model does not generate the kind of revenue necessary to pay royalties. Worse yet, if IBM patents a new way of scheduling processes, Linux would be unable to incorporate the development until the patent expired... even if it was developed completely independently of IBM or the issued patent."

Wednesday, February 02, 2005

Administration Expected To Propose New Budget Rule That Could Adversely Affect Social Security

A Special Report from the Center on Budget and Policy Priorities:
The Administration’s forthcoming budget is likely to propose a new budget rule that would affect Social Security, Medicare, veterans’ disability compensation, the Supplemental Security Income program for the elderly and disabled poor, health and retirement programs for federal civilian and military personnel, and ultimately Medicaid and some other entitlements. The new rule was proposed in the Administration’s budget last year but was not considered by Congress. It is expected to be proposed again this year and may receive significant Congressional consideration this time around.

* * *

While the nation faces significant long-term fiscal challenges that need to be addressed, this proposal would not represent sound policy. It rests upon long-term cost estimates that would often be unreliable and arbitrary. In addition, careful examination shows the proposal to be unbalanced and highly ideological in nature; it would skew policy debates on matters such as health care in deleterious ways and tilt the playing field in favor of regressive policy approaches even when doing so would produce more costly or less efficient policy outcomes. Finally, adoption of the new rule would decrease the likelihood of a major, bi-partisan deficit reduction agreement in which all parts of the budget are on the table. As a result, approval of this rule could well turn out to do more to retard the goal of long-term fiscal responsibility than to advance it."

Open-source honchos trash software patents

via CNET News.com: "Recent events have drawn attention to the intersecting realms of patents and open-source software. IBM has donated 500 patents for use in open-source software, Sun plans to liberate 1,600 for use with its open-source Solaris operating system, and a Hewlett-Packard executive believed in 2002 that Microsoft planned to attack rival open-source projects with its patents. And the European Union is debating the issue.

In recent months, Microsoft has stepped up efforts to expand its patent portfolio.

One fear is that a patent attack against an open-source programmer or customer could cripple the programming project--in particular, one without financial or legal resources. Linux, a well-protected project, potentially infringes 283 patents, according to one study funded by a company that sells insurance to customers worried about such attacks."

Tuesday, February 01, 2005

Rewriting History

CIA Corrects Itself on Arms, via LA Times.com: "In what may be a formal acknowledgment of the obvious, the CIA has issued a classified report revising its prewar assessments on Iraq and concluding that Baghdad abandoned its chemical weapons programs in 1991, intelligence officials familiar with the document said.

The report marks the first time the CIA has officially disavowed its prewar judgments and is one in a series of updated assessments the agency is producing as part of an effort to correct its record on Iraq's alleged weapons programs, officials said."

The Evil Left

Reaction to this infantile Prager piece, via Pandagon: "The study of evil would be a great thing if Prager were actually studying evil in a serious and real way (leaving aside the amusing notion of adolescent males studying evil instead of the girl sitting next to him in class). You know, studying Arendt or Nietzsche or Adorno or Hegel or SOMETHING. Instead, Prager is the most superficial and foolish hater himself.

As it is, Prager's 'evil' is really the evil that exists inside himself, the evil that he himself most deeply wants to avoid facing. That is, Prager's 'evil' is really that the fanaticism that he sees in others is fundamental to Prager's own being as well.

Prager makes the basic error of pretending to ascribe 'evil' only to the level of ideas. I.E., what's really bad is that people believe in various bad ideas (whether 'Muslim terrorism' or 'Leftism'). On a superficial level, everybody has already noted how ludicrously vague Prager is about 'Leftism'. Beyond that Prager is not adept enough at actually defining what 'Leftist' ideas he likes or dislikes, there's a real reason why he's not able to be specific.

The reason is that Prager cannot admit to himself the real reason WHY he opposes 'Leftism'. If he could, he would merely aim all his fire-power (such as he has) upon particular 'Leftist' ideas or policies. After all, if the really bad 'Leftist' idea is X, why vaguely criticize 'Leftists' instead of blow apart X? Instead, he actively prefers to be absolutely vague in a completly free-floating hatred of 'Leftism'.

In turn, the real reason Prager opposes 'Leftism' is NOT that he disagrees with 'Leftist' ideas. Instead, Prager is really looking for someone to hate. Due to random reasons, right now it's 'Leftists'. In another era, Prager would be hating 'bourgeoisie pigs' or 'damned Bourbon royalist scum' or 'the infidel Turk' or 'the barbaroi' or 'the Spaniards'. Prager doesn't want to realize (though I think at some level he actually does know this)that his fanaticism and hatre"

Apple restricting DVD region-changes -- voluntarily!

Sad, and disappointing.
voa BoingBoing.net: "Apple restricting DVD region-changes -- voluntarily! -- UPDATED
Apple's DVD players are subject to restrictive rules laid out by greedy Hollywood studios that don't really care if they piss off Apple's customers, since that's Apple's lookout. However, I've just discovered, to my amazement, that Apple imposes its very own restrictions on its DVD players over and above those imposed by the studios: that's right, Apple voluntarily treats its customers worse than the studios say it has to."

Lawyers ride shotgun for open source

via CNET News.com: "Eben Moglen, a Columbia University law professor who has represented the Free Software Foundation in legal cases, said that he will help run the new Software Freedom Law Center, which is set to be announced on Tuesday.

The center said in a statement that it will employ two full-time intellectual property attorneys, who will help provide consulting services to nonprofit open-source organizations. The staff count is expected to expand to four later in 2005. The help they provide could include training lawyers, supporting litigation, dealing with licensing problems and keeping managing contributions to open-source projects, the center said."