The Daily Parker

Politics, Weather, Photography, and the Dog

Molly White on Hachette v Internet Archive

The US Court of Appeals for the Second Circuit recently ruled in Hachette v Internet Archive that the Internet Archive's Open Library violated copyright law. Molly White today published the best response I have seen so far:

My beliefs are simple, and hardly radical: Libraries are critical infrastructure. Access to information is a human right. When you buy a book you should truly own it. When a library buys a book, they should be able to lend it. Readers should be able to read without any third parties spying over their shoulders, or preventing them from accessing the materials they have legally obtained.

Hachette and the other plaintiff publishers have argued that, by lending out one-to-one digital copies of books they have legally purchased, the Internet Archive’s Open Library is infringing upon the publishers’ copyright and damaging their sales. And, without any evidence of actual harm to the publishers, the Second Circuit went right along with it. They also went a step further, again without evidence, to suggest that libraries are inherently detrimental to society.

[B]y fighting [Controlled Digital Lending], publishers are seeking to overstep the established boundaries of intellectual property law to exert continued control over an item that has already been purchased from them. And they are seeking to diminish the critical rights of readers to read the books they want without being subjected to censorship and surveillance. This is part and parcel with other attempts by digital publishers — of books, but also of films, video games, and other media — to turn media purchases into rentals, so as to extract endless money and private data from their customers.

In other words: even though libraries have been around far longer than the Copyright Act itself, libraries are now a threat to authors. The true meaning is clear: publishers’ abilities to extract exorbitant rents and exert control over readers outweigh the incredible benefits of increased public access to books.

US law protects rentiers better than most of our peer countries' laws do. Yet another reason to get the plutocratic Republicans out of Congress.

Thursday night link club

I had a burst of tasks at the end of the workday, so I didn't get a chance to read all of these:

Not to mention, this week we've had some of the stickiest weather I can remember, with dewpoints above 20°C for the past several days. And this sort of thing will only get worse:

Climate change is accumulating humidity in the region — between 1895 and 2019, average precipitation in Illinois increased by 15%. A moist atmosphere ramps up heat indexes, meaning the weather feels worse to the human body than it would during drier conditions.

In Chicago, overall summer average temperatures have warmed by 1.5 degrees between 1970 and 2022, but that’s not the whole story: Average lows on summer nights have increased by 2.2 degrees in that same time.

Warmer nights occur when the atmosphere is waterlogged. Clouds form and reflect incoming heat from the sun back into space during the day, but after the sun sets, clouds absorb heat from the surface and emit it back toward the ground.

Just like greenhouse gases trap heat, moisture holds onto heat in the atmosphere for longer and into the night. Rising temperatures, in turn, lead to rising humidity: For every 1°C increase in temperature, the atmosphere can hold 7% more water. It’s a never-ending loop.

Yeah, even walking Cassie from day care (less than 1.6 km) sucks in this weather. At least I got home before the thunderstorms hit.

Tuesday afternoon links

It has started raining in downtown Chicago, so it looks like Cassie and I will get wet on the walk home, as I feared. I still have a few tasks before I leave. I just hope it stays a gentle sprinkle long enough for us to get home from doggy day care.

Just bookmarking these for later, while I'm drying out:

  • Researchers concluded that the problem with online misinformation and epistemic closure comes from people, not technology. Apparently we generally look for information that confirms our existing biases. Who knew.
  • Chicago has more lead pipes than any other North American city--and more regulation, labor issues, and general corruption, too. We might replace all the pipes by 2075; not so much the corruption.
  • Shocking absolutely no one, a study has found that drinking alcohol on an airplane is worse that doing it on the ground.

Finally, former US Senator Jim Inhofe (R-OK) died today, just as climate change once again contributed to a massive storm flooding neighboring Texas. I mention that because Inhofe, who served in the Senate until he was 88 years old, refused to believe that the planet had gotten warmer, and did his best to keep the US from entering the 21st Century by any reasonable measure. Oh, and he was also an asshole pilot who once nearly hit a bunch of construction workers because he wanted to land on a closed runway. He may be mourned somewhere, but the Daily Parker is glad to see him underground. So, presumably, is the FAA.

In other crimes...

May your solstice be more luminous than these stories would have it:

  • Chicago politician Ed Burke, who ruled the city's Finance Committee from his 14th-Ward office for 50 years, got convicted of bribery and corruption this afternoon. This has to do with all the bribes he accepted and the corruption he embodied from 1969 through May of this year.
  • New Republic's Tori Otten agrees with me that US Senator Tommy Tuberville (R-AL) is the dumbest schmuck in the Senate. (She didn't use the word "schmuck," but it fits.)
  • Texas has started flying migrants to Chicago, illegally, in an ongoing effort to troll Democratic jurisdictions over immigration. This came shortly after they passed a manifestly unconstitutional immigration law of their own.
  • Millennial journalist Max Read, a kid who took over the Internet that my generation (X) built from the ground up, whinges about "the kids today" who have taken it over from his generation. (He thinks a gopher is just a rodent, I'd bet.)
  • Hard to believe, speaking of millennials, that today is the 35th anniversary of Libya blowing up Pan Am 103 over Lockerbie, Scotland.

Finally, a court in California has ordered one "Demeterious Polychron" to destroy all extant copies of what I can imagine to be a horrific example of JRR Tolkien fanfic that the court found infringes on the Tolkien estate's copyrights. Note that Polychron (a) put his self-published fanfic for sale on Amazon and Barnes & Noble, (b) after sending it to them with a letter call it "the obvious pitch-perfect sequel" to The Lord of the Rings, and then (c) suing them when they allowed Amazon to produce its own prequel, Lord of the Rings: Rings of Power. Note to budding novelists: if you're writing fanfic, don't sue the underlying material's copyright owner for infringement.

Wrapping up the second quarter

Here is the state of things as we go into the second half of 2023:

  • The government-owned but independently-edited newspaper Wiener Zeitung published its last daily paper issue today after being in continuous publication since 8 August 1703. Today's headline: "320 years, 12 presidents, 10 emperors, 2 republics, 1 newspaper."
  • Paula Froelich blames Harry Windsor's and Megan Markle's declining popularity on a simple truth: "Not just because they were revealed as lazy, entitled dilettantes, but because they inadvertently showed themselves for who they really are: snobs. And Americans really, really don’t like snobs."
  • Starting tomorrow, Amtrak can take you from Chicago to St Louis (480 km) in 4:45, at speeds up to (gasp!) 175 km/h. Still not really a high-speed train but at least it's a 30-minute and 50 km/h improvement since 2010. (A source at Amtrak told me the problem is simple: grade crossings. They can't go 225 km/h over a grade crossing because, in a crash, F=ma, and a would be very high.)
  • The Federal Trade Commission will start fining websites up to $10,000 for each fake review it publishes. "No-gos include reviews that misrepresent someone’s experience with a product and that claim to be written by someone who doesn’t exist. Reviews also can’t be written by insiders like company employees without clear disclosures."
  • A humorous thought problem involving how many pews an 80-year-old church can have explains the idiocy behind parking minimums.
  • Chicago bike share Divvy turned 10 on Wednesday. You can now get one in any of Chicago's 50 wards, plus a few suburbs.
  • Actor Alan Arkin, one of my personal favorites for his deadpan hilarity, died yesterday at age 89.

And finally, the Chicago Tribune's food critic Nick Kindelsperger tried 21 Chicago hot dogs so you don't have to to find the best in the city.

Shocking Supreme Court decisions just announced!

Ah, ha ha. I'm kidding. Absolutely no one on Earth found anything surprising in the two decisions the Court just announced, except perhaps that Gorsuch and not Alito delivered the First Amendment one. Both were 6-3 decisions with the Republicans on one side and the non-partisan justices on the other. Both removed protections for disadvantaged groups in favor of established groups. And both lend weight to the argument that the Court has gone so far to the right that they continue to cause instability in the law as no one knows how long these precedents will last.

Let's start with 303 Creative v Elenis, in which the Court ruled that a Colorado web designer did not have to create websites for gay weddings, on the philosophy that religiously-motivated anti-gay bigotry is protected under the First Amendment:

The decision also appeared to suggest that the rights of L.G.B.T.Q. people, including to same-sex marriage, are on more vulnerable legal footing, particularly when they are at odds with claims of religious freedom. At the same time, the ruling limited the ability of the governments to enforce anti-discrimination laws.

The designer, Lorie Smith, said her Christian faith requires her to turn away customers seeking wedding-related services to celebrate same-sex unions. She added that she intends to post a message saying the company’s policy is a product of her religious convictions.

A Colorado law forbids discrimination against gay people by businesses open to the public as well as statements announcing such discrimination. Ms. Smith, who has not begun the wedding business or posted the proposed statement for fear of running afoul of the law, sued to challenge it, saying it violated her rights to free speech and the free exercise of religion.

I actually might agree with the very narrow outcome of this specific case: I don't think someone should be forced to create something they morally oppose. That said, I fear, as do many others, that people will see this as license to scale back anti-discrimination measures against all marginalized groups. And this is why I think the case is going to be a problem for a generation. I'll read Gorsuch's opinion over the weekend, hoping that he resisted the urge to fill it with Federalist Society-approved obiter dicta. But I expect to see more litigation on anti-discrimination statutes as a result of the ruling. It's part of the Republican strategy to erode hard-won rights by creating fear and doubt in marginalized groups, and it's working.

The other ruling (Biden v Nebraska), also pitting the Republicans against everyone else in the free world, killed the President's program to waive about $405 billion in student debt that hundreds of thousands of low- and middle-income borrowers owed to the Federal Government. The Court found the thinnest of pretexts to allow the State of Missouri just enough standing to keep the case from evaporating entirely, and then rug-pulled all those people for whom $10,000 might be the difference between poverty and continued daily meals by saying the President exceeded authority granted him by Congress to "waive or modify" the loans:

The court has rejected the administration’s expansive arguments in the past. The court lifted a pandemic-era moratorium on rental evictions put in place by the Centers for Disease Control and Prevention. It threw out a coronavirus vaccination-or-testing mandate imposed on large businesses by the Occupational Safety and Health Administration. And in a ruling unrelated to the pandemic, it cited the “major questions” doctrine to limit the Environmental Protection Agency’s options for combating climate change.

The legal battles have left millions of student loan borrowers in limbo. More than half of eligible people had applied for the forgiveness program before it was halted by the courts, with the Education Department approving some 16 million applications.

Biden’s debt relief program has been a divisive issue on Capitol Hill. On June 7, Biden vetoed a Republican-led resolution to strike down the controversial program and restart loan payments for tens of millions of borrowers. The measure passed the Senate with the backing of Sens. Joe Manchin III (D-W.Va.), Jon Tester (D-Mont.) and Kyrsten Sinema (I-Ariz.). Despite Biden’s veto, the resolution shows the likely difficulty of getting any future debt relief plan through Congress.

This, like yesterday's affirmative action decision, shows the Republican majority gleefully rolling back all the things they have hated ever since Lyndon Johnson had the gall to give those people civil rights in 1964. They firmly believe in the ability of everyone born on second base to get a home run even if it means everyone else strikes out, because (and I'm really not making this up, if you dig into what these people have written) they deserve it. (Best Tweet of the day, from the ever-scathing New York Times Pitchbot: "Opinion | Without the burden of affirmative action, Harvard can finally become a true meritocracy—by Jared Kushner and Robert F. Kennedy Jr.")

The good news—in the most general sense as the 6-3 split will continue to be very bad news in specific for years—is that this kind of reactionary behavior by the right wing tends to flame out in a generation or so. It's the desperate clawing back of gains made by the lower orders to hold onto inherited privilege for just a little longer that happens when the old guard know they're on their way out. We've seen it in the US before, and in the UK, and in lots of other times and places.

Unfortunately, undoing the damage the revanchists cause hurts like hell. The next 10-15 years are going to suck for a lot of people.

Late lunch

I had a lot going on this morning, so I'm only now snarfing down a Chipotle bowl. Also, I'm going to have to read these things tomorrow:

Finally, today is the 35th anniversary of the best baseball movie of all timeBull Durham. If I had time I'd watch it tonight.

Beautiful morning in Chicago

We finally have a real May-appropriate day in Chicago, with a breezy 26°C under clear skies (but 23°C closer to the Lake, where I live). Over to my right, my work computer—a 2017-era Lenovo laptop I desperately want to fling onto the railroad tracks—has had some struggles with the UI redesign I just completed, giving me a dose of frustration but also time to line up some lunchtime reading:

Finally, today marks the 30th anniversary of Aimee Mann releasing one of my favorite albums, her solo debut Whatever. She perfectly summed up the early-'90s ennui that followed the insanity of the '80s as we Gen-Xers came of age. It still sounds as fresh to me today as it did then.

My domain name is 25 years old

On this day in 1998, I registered braverman.org, and just a few weeks later built the first draft of what became this blog. When I registered it, only about a million domain names existed, though 1998 turned out to be the year the Internet exploded worldwide. Just seven years earlier, only 100 .org names existed, so braverman.org may be one of the oldest .orgs out there. (For comparison, there are just about 350 million registered domain names today.)

Of course, the 25th anniversary of braverman.org hasn't yet become a global holiday, so a few other things happened in the last 24 hours:

  • The Democratic Party really wants US Senator Diane Feinstein (D-CA) to retire, as it has become painfully clear she can no longer perform her duties in the Senate, preventing us from confirming new judges. Seriously, ma'am, go.
  • We also want Justice Clarence Thomas (R) to go, especially after a new revelation that he sold property to the billionaire "friend" who has taken him on half-million-dollar vacations. Seriously, sir, go.
  • At least his colleagues on the Supreme Court all seem unimpressed with the "independent state legislature" bullshit espoused by some right-wing Republican state legislators.
  • New Republic's Timothy Noah thinks "remote work sucks," but (our hero writes from his open and airy home office just steps from his dog and refrigerator) not all of us do.
  • Paul Krugman explains how immigrants are saving America's economy.
  • The New York Times has a lot of good things to say about Chicago hosting next year's Democratic National Convention.
  • Your local, urban apiary might actually be hurting your neighborhood.

Finally, we have another gorgeous day in Chicago, a bit cooler than yesterday where I live thanks to delightful lake breeze, but still more like July than April. 

Quiet Saturday morning

The storm predicted to drop 100 mm of snow on Chicago yesterday missed us completely. That made my Brews & Choos research a lot more pleasant, though I did tromp all over the place in heavy boots that I apparently didn't need. Of course, had I not worn them, I would now be writing about my cold, wet socks.

So while I'm getting two reviews together for later this week, go ahead and read this:

Finally, author John Scalzi celebrates the 25th anniversary of his domain name scalzi.com, exactly one month before I registered my own. But as I will point out again in a couple of posts later this spring, The Daily Parker started (as braverman.org) well before his blog. Still, 25 years is a long time for a domain to have a single owner.