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June 29, 2005

Miscellaneous

I've unfortunately been called away to attend a memorial service, so that is why I haven't weighed in on a variety of matters that are of interest to this site. The ultra-short versions are: I'm snickering that there were no retirements for the Supreme Court. I think the Kelo decision is fascinating, and *correct* from the liberal point of view - however, the very premise of eminent domain laws are a different matter entirely, and I haven't really developed my opinion on whether they are a net good or a net evil.

I'm disappointed by the Grokster opinion, I think. I come to that as someone who is heavily involved in both worlds of creative content production (music), and of techo-libertarianism. I think the decision is a good attempt at defining a balance point, so I found the decision competent. But I do think the big content corporations need more of a smackdown than they got. Now we'll just see more bullying from the content corporations in attempts to control or legislate exactly how technological companies market their tools - they'll be just as extreme and dishonest on that tack as they were with deliberately misinterpreting the other content copyright laws.

I would have liked to see some more finesse to the Miller/Cooper decision. There's some valid first amendment worrying now. I think there could have been a better way to underscore first amendment protections, while still forcing Miller or Cooper to speak. The first amendment protections are supposed to help protect against retribution, not to make it easier to participate in retribution.

Finally, I briefly was tempted to support the efforts to pass the bills that ask for a troop withdrawal by a particular date. Now I think it's a bad idea. It really would give too much power to the people that want to undermine whatever positive objectives we might still be able to achieve. But, I do think that we need a more clearly communicated roadmap, where the benchmarks and milestones are perhaps not tied to calendar dates, but known to all and laid out in a clear step-by-step manner. This would be the withdrawal plan. Some of the dependencies are obvious (having Sunni representation completed in the interim government), and some are less obvious (like finding other more reasonable ways to have a working police force - on that, I say bring in the U.N. for real, and give up the spoils that the United States are claiming).

Some interesting battles coming up. Social Security will start happening again, and there are some murmurs of "tax reform" that could really catch Democrats flat-footed. I think that's a case where the Democrats really SHOULD have a plan to present, unlike Social Security. Democrats could create a revenue-neutral plan that would help everyone, and pound it every chance they get in comparison to Bush's plan, and then the conversation would be about progressive versus flat/regressive. And progressive should win, if Democrats are able to claim enough credibility in other areas.

Finally, I'm completely gung-ho about Dean's Democracy Bonds. Brilliant.

Posted by tunesmith at June 29, 2005 09:30 PM

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I fear the Grokster decision will ripple far, first to ISPs who knowingly or unknowingly host file-sharing sites, to sites that replay video captured from the networks, to blogs that excerpt substantial portions of articles from online newspapers that require registration or subscriptions, to forums like FreeRepublic, to methods of restricting the ability to save articles you want to have to your hard drive.

On the music front, as a musician and enthusiast, I'd like to see artists who don't make their music digitally available quit their whining now that they have what they want, and make it available at iTunes and the like. That bands like Tull, The Beatles, The Stones, etc. haven't done this strikes me as really arrogant and financially dumb at the same time.

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