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.
The intersection of my vacation next week and my group's usual work-from-home schedule means I won't come back to my office for two weeks. Other than saving a few bucks on Metra this month, I'm also getting just a bit more time with Cassie before I leave her for a week.
I've also just finished an invasive refactoring of our product's unit tests, so while those are running I either stare out my window or read all these things:
- Yes, Virginia (and Ohio, Michigan, Pennsylvania, Georgia, and North Carolina), you are much better off than you were four years ago.
- The Illinois Attorney General has filed an environmental suit against Trump Tower for refusing to fix its water-intake system.
- A New York City cop who fought against "courtesy cards" won a $175,000 settlement from the city.
- A developer plans to raze a 175-year-old house in Glencoe, Ill., designed by William Boyington, because we can't have nice things anymore.
- Speaking of not having nice things, after £175m spent and 12 years of construction, the Old Street roundabout in Islington, London, looks...about the same as before.
Finally, the New York Times ran a story in its Travel section Tuesday claiming Marseille has some of the best pizza in Europe. I will research this assertion and report back on the 24th.
I spent 56 minutes trying to get ADT to change a single setting at my house, and it turned out, they changed the wrong setting. I will try again Friday, when I have time.
Meanwhile, elsewhere in the world:
Finally, Slow Horses season 4 came out today, so at some point this evening I'll visit Slough House and get a dose of Jackson Lamb's sarcasm.
Our lead story today concerns empty suit and Chicago Transit Authority president Dorval Carter, who just can't seem to bother himself with the actual CTA:
From the end of May 2023 to spring 2024, as CTA riders had to cope with frequent delays and filthy conditions, Carter spent nearly 100 days out of town at conferences, some overseas, his schedule shows.
Most of Carter’s trips between June 2023 and May 2024 were for events related to the American Public Transportation Association, a nonprofit advocacy group he chaired in 2022 and 2023. Carter spent a week in Pittsburgh and another in Orlando, six days in Puerto Rico and five days in Washington, D.C. He also took trips to Spain, New Zealand and Australia.
In total, Carter was out of town for 97 of the 345 days Block Club reviewed, according to his schedule. That means he spent 28 percent of that period outside of Chicago.
Block Club previously reported that Carter used his CTA-issued card for rides just 24 times between 2021 and 2022. CTA records show the number of times Carter swiped his work pass increased to 58 in 2023, according to a July op-ed piece in the Tribune.
Spain, I should note, has possibly the best train network in the world outside Japan, so maybe he learned something there? But as is typical with municipal barnacles, grifting along in high-profile city jobs, his office won't say.
In other news:
Finally, Pamela Paul imagines how the RFK Jr campaign looks from inside his head—specifically, to the worm encysted in his brain.
The forecast still predicts today will be the hottest day of the year. Last night at IDTWHQ the temperature got all the way down to 26.2°C right before sunrise. We have a heat advisory until 10pm, by which time the thunderstorms should have arrived. Good thing Cassie and I got a bit of extra time on our walk to day camp this morning.
Elsewhere in the world:
Finally, Garmin has released its latest fitness watch that doubles as a freaking Dick Tracy wrist phone. I mean, first, how cool is that? And second, how come it took 90 years after Dick Tracy got one?
As I wait for a build pipeline to run, I'm reading these:
- Harvard law professor Richard Lazarus argues that the recent Supreme Court decision on presidential immunity doesn't shield the XPOTUS from the most serious charges he faces.
- Pavin Chachavalpongpun, a professor of Thai politics, sees recent events in Thailand as heralds of the coming end of the monarchy's control.
- Why do people just stop dating?
Finally, author John Scalzi doesn't want you to idolize authors—especially not him:
Enjoy the art creative people do. Enjoy the experience of them in the mediated version of them you get online and elsewhere, if such is your joy. But remember that the art is from the artist, not the artist themselves, and the version of their life you see is usually just the version they choose to show. There is so much you don’t see, and so much you’re not meant to see. At the end of the day, you don’t have all the information about who they are that you would need to make them your idol, or someone you might choose to, in some significant way, pattern some fraction of your life on. And anyway creative people aren’t any better at life than anyone else.
Looks like the build is almost done...
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.
The XPOTUS's handlers cut short his appearance this afternoon at the National Association of Black Journalists convention just 2 km from where I'm sitting. The XPOTUS began by insulting the hosts and the panelists. Then, when one of the panelists had just brought up Project 2025 (the Republican Party's blueprint for rolling the country back to the 1850s), the moderator suddenly interrupted and said the campaign had told her to wrap it up. The 37 minutes of Harris Campaign footage the XPOTUS had already provided will have to do, I guess.
In other end-of-July news:
Finally, the Justice Dept has accused the Norfolk Southern Railroad of illegally delaying passenger trains, after Amtrak suffered an ungodly 11,500 minutes of delay in just the first three months of this year. "Freight-train interference" is the principal cause of delays for US trains because the country has almost no dedicated passenger mainlines. The freight railroads that own the tracks have a statutory obligation to prioritize passenger trains, but no other incentives to do so. It's about the dumbest way to organize passenger rail anyone could come up with, other than separating out the track from the operations. I mean, we're dumb, but we're not that dumb.
President Biden has (finally!) proposed using the power of Article I to de-politicize Article III:
[W]e have had term limits for presidents for nearly 75 years. We should have the same for Supreme Court justices. The United States is the only major constitutional democracy that gives lifetime seats to its high court. Term limits would help ensure that the court’s membership changes with some regularity. That would make timing for court nominations more predictable and less arbitrary. It would reduce the chance that any single presidency radically alters the makeup of the court for generations to come. I support a system in which the president would appoint a justice every two years to spend 18 years in active service on the Supreme Court.
He also proposed a constitutional amendment to ensure presidents can be held criminally liable for acts while in office, and extending the judicial code of conduct to the Supreme Court.
The thing is, it sure looks like Article I gives the legislature the power to enact term limits on the Court without an amendment. And doing so should command bipartisan support, because it ends the Supreme Court sweepstakes that destabilizes the rule of law.
Of course, one of our parties has strayed a bit from believing in the rule of law, which means it will probably be ours who enacts this reform. So we'll just have to win both houses of Congress and the White House in November, right?
US District Court Judge Aileen Cannon (R-SDFL) has dismissed the classified-documents case against the convicted felon rapist XPOTUS on the clearly erroneous grounds that Special Counsel Jack Smith's appointment violated the constitution:
[T]he judge...found that because Mr. Smith had not been named to the post of special counsel by the president or confirmed by the Senate, his appointment was in violation of the appointments clause of the Constitution.
The ruling by Judge Cannon, who was put on the bench by Mr. Trump, flew in the face of previous court decisions reaching back to the Watergate era that upheld the legality of the ways in which independent prosecutors have been named. And in a single swoop, it removed a major legal threat against Mr. Trump on the first day of the Republican National Convention, where he is set to formally become the party’s nominee for president.
I can scarcely imagine the 11th Circuit not rapping Cannon on the knuckles for this one, and possibly removing her from the case. But that wasn't the point; with only 112 days left until the election, this pushes the trial date well past it. Cannon doesn't care if the 11th removes her. She did her job, and she'll get promoted to the Court of Appeals or even SCOTUS should her patron return to power in January.
I wouldn't mind the Republican Party so much if they cared about anything other than power. We need a right-of-center party in this country. Instead we've got this band of thieves hiding behind white-male grievance. And like any organized criminal organization, they protect their own. It's exhausting.