The Daily Parker

Politics, Weather, Photography, and the Dog

EFF represents defendants in time zone case

Reader Curtis Manwaring alerted me this morning to movement in the copyright infringement case against Arthur David Olson, late of the Posix time zone database. The Electronic Frontier Foundation has taken up Olson's (and Paul Eggerts') defense, and yesterday threatened a motion for Rule 11 sanctions against the plaintiff's attorney if they don't withdraw the case within 21 days:

If there were ever a pleading that invited Rule 11 sanctions, Plaintiff Astrolabe, Inc.'s Complaint is it. ... Astrolabe's frivolous and unfounded Complaint has already caused harm, and not only to Mr. Olson and Dr. Eggert. ... Perhaps realizing the folly of filing such a Complaint, Astrolabe has not yet served Defendants. Yet Astrolabe refuses to voluntarily dismiss its baseless Complaint, and thus the threat of full-blown copyright litigation looms, to the detriment of Defendants and the public interest in obtaining accurate time zone information on the Internet.

Astrolabe's Complaint illustrates the harm that frivolous claims of copyright infringement can cause to a public, collaboratively maintained factual resource. Under Rule 11, the Court should remedy this abuse of the legal system and deter future abuses by striking the Complaint and awarding defendants their costs and attorney fees.

I predicted this motion back in October. I can't wait to see how Astrolabe and their attorney respond.

And then this happened (PMQs part II)

After having a good rant about Labour Party leader Ed Milliband asking one of the stupidest and most poorly-timed questions I've ever heard during Question Time, I returned to my DVR, and watched him...sit down. Which was odd. Because throughout this Parliament, the Leader of the Opposition has gotten five questions at a time, as a way of making up for the Liberal Democrats giving up their two questions during the previous Parliament. (Trust me—the Labour Party gets five, and he only asked three.)

And then we get to this exchange, fourteen minutes in, which...well, here are Milliband's fourth and fifth questions:

Edward Miliband: I want to ask the Prime Minister about Scotland. We on this side of the House believe that the United Kingdom benefits the people of Scotland and the people of the rest of the United Kingdom in equal measure. We are stronger together and weaker apart. Does he agree that we must make the case for the Union—not simply a case against separatism, but the positive case about the shared benefits to us all of Scotland’s part in the United Kingdom: the shared economic interests, the shared institutions such as the NHS, the defence forces and the BBC, and above all the shared values we hold together?

The Prime Minister: I am happy to say that this is an area where the right hon. Gentleman and I will be in 100% agreement. I passionately believe in the future of our United Kingdom, and passionately believe that we are stronger together than we would be by breaking apart. Frankly, I am sad that we are even having this debate, because I support the United Kingdom so strongly, but we have to respect the fact that Scotland voted for a separatist party in the Scottish parliamentary elections, so the first thing that it is right to do is make clear the legal position about a referendum, which is what my right hon. Friend the Scottish Secretary has been doing. We have made the offer to devolve the power to hold that referendum so that it can be made in Scotland and held in Scotland. Frankly, I look forward to having the debate, because I think that too many in the Scottish National party have been happy to talk about the process but, do not want to talk about the substance. I sometimes feel when I listen to them that it is not a referendum they want, but a “neverendum”. Let us have the debate, and let us keep our country together.

Edward Miliband: May I agree with the Prime Minister? This is not a fight about process between the Westminster Government and the Scottish Government, or between the British Prime Minister and the Scottish First Minister. The way to tackle this issue is to have immediate cross-party talks in Scotland about the timing of the referendum, the nature of the single-question referendum and the vital involvement of the Electoral Commission. Does the Prime Minister also agree with me that we need as soon as possible, as he said, to get beyond process and have that discussion about the substantive issues? This is a momentous decision that our children and grandchildren will have to live with if we get it wrong, so we need a serious, thoughtful and inclusive debate about the choices and the benefits to Scotland of staying in the United Kingdom. On this important issue, the people of our country deserve nothing less than that serious debate about the benefits of the United Kingdom.

The Prime Minister: The right hon. Gentleman is right on those three points. On the process of negotiation, which is very important now, particularly given that the SNP has come out and made more clear what it wants to do, I am very happy for the UK Government and the Westminster Parliament to speak directly to the Scottish Government and the Scottish Parliament, and let us come to a conclusion about the best time and the best way to hold the referendum. But it must be clear, it must be legal, it must be decisive and it must be fair. Those are the absolute keys. I absolutely agree with the right hon. Gentleman: as soon as those process questions are settled, we need to get on to the substance. [ Interruption. ] The only point I would make about the timing—[ Interruption. ] As SNP Members, who cannot seem to keep quiet, are so keen to leave the United Kingdom, I do not quite understand why they want to put off putting the question for so long.

Wow.

Let us imagine for a moment the President and Speaker Boehner taking time out from slugging one another to choreograph so nicely a joint address about anything. This set-piece required both Milliband and Prime Minister Cameron to agree on it, and required Speaker John Bercow to agree (since he controls the order of questions). I'm not sure how to reconcile the earlier exchange I mentioned with this one, except to say, everyone seems to agree on the existential issues.

For more on the likelihood of Scotland's independence, here are The Economist and The Guardian.

Two left feet, and he can still walk into it

Just catching up on my connection with the outside world this evening, I played back yesterday's questions to the Prime Minister, and within three minutes banged hand to forehead as Ed Milliband disappointed the entire Labour Party one more time within seconds of opening his mouth. From the official record:

Edward Miliband (Doncaster North) (Lab): May I join the Prime Minister in paying tribute to Captain Tom Jennings from the Royal Marines, Squadron Leader Anthony Downing from the Royal Air Force, Private John King from 1st Battalion the Yorkshire Regiment, and Rifleman Sachin Limbu from 1st Battalion the Royal Gurkha Rifles? All of them showed enormous courage and bravery. They have made sacrifices on our behalf, and our deepest condolences go to their families and friends.

In the autumn statement the Chancellor said that train fares would rise by only 1% above inflation. Can the Prime Minister therefore explain why rail companies this month on some of the busiest commuter routes have increased their fares by up to 11%?

The Prime Minister: The power to do that was given to them by the last Labour Government.

Look, one doesn't need to be an expert in British politics to know the following:

  • A six percentage-point rise in rail fares does not seem to be the most weighty issue of the day in the United Kingdom;
  • If it were truly significant, but one might have a perception coming to it cold that it's a somewhat trivial issue, one might expect the Leader of the Opposition to, you know, work up to it;
  • Given that the Leader of the Opposition has as much time as he wants to ask questions during PMQs, he certainly had time to segue between, you know, mourning the deaths of four British soldiers and a complaint that trains cost more; and
  • Wait, did he go from acknowledging the deaths of the brave men who have made sacrifices on the country's behalf and a £10 hike in the fare to Milton Keynes without as much as a "Mr. Speaker, as you will no doubt be aware..." ?
  • Harriet Harman is sitting right next to him and doesn't kick him in the fork for scoring an own-goal within the first three minutes?
  • Doesn't this guy have staff that can say, "Ed, our lot passed that one, best leave it alone?"
  • ...

Sorry, I degenerated into a rant there. It's just that I am naturally inclined towards the left, and the Labour Party represents the left in the UK, and I think the Conservative Party is dead wrong about how to get the UK out of recession...and my guy is up there squandering his opportunity to ask the Prime Minister about...well, anything other than rail fares.

It gets worse. A few minutes later we hear this exchange:

The Prime Minister: It is time for the Leader of the Opposition to listen to his shadow Defence Secretary, who wrote very candidly over Christmas: “There is a difference between populism and popularity”— and that difference is called credibility. Time to have some, I think.

Edward Miliband: Instead of his pre-prepared lines, the right hon. Gentleman should get his facts right about his own policy.

"Pre-prepared lines"? My forehead hurts from where my desk just rose up to meet it.

Look, I'm not a UK voter, I'm just a fan. But please, Labour Party, please, I beg you, please get this guy away from microphones. I'm sorry Harriet Harman doesn't want the job, because as boring as she may seem on TV, she's actually a foot smarter than her boss. I'm beginning to think the party took a collective step back the moment someone asked for a volunteer while Milliband was too stupid to realize what was going on and so stayed put. (Think about that for a moment, it will come to you.)

Oh well. The Lib Dems may bolt the coalition in a few months and give Labour another chance. Or not. It's possible we have this clown until the next election, whereupon I hope his own large intestine reaches up to strangle him so Labour actually have another chance at Number 10 in my lifetime.

How do city centers die?

Charles Mahron at Strong Towns has the step-by-step description:

As the transformation from traditional to auto-centric continues, parking becomes more valuable for those establishments that remain. Commercial businesses that in another era would have been expanded or rebuilt at a grander scale as the community grew are now more valuable being demolished for parking. The same thing is happening to the homes throughout these neighborhoods. They are being taken down in favor of garages and "buffering". Neighborhoods originally designed to define space are now becoming space.

These changes are devastating to the tax base. Where the public has made the greatest investments in infrastructure (and has the greatest obligations for maintenance) the neighborhoods stagnate. But nobody has the job of worrying about the tax base throughout the existing neighborhoods. The traffic engineer worries about moving cars. The public works director runs the utilities and is primarily concerned with new connections. The planner administers the zoning code and is particularly zealous about parking ratios.

This all devolves into a farcical feedback loop. More people driving means that more transportation improvements are needed. There is a greater need to channel cars, to control the flow, to improve the capacity of the transportation system. The more the public realm is given over to cars, the more people must drive. The more people that drive, the more cars on the road. Etc. Etc. Etc. Nobody realizes that we're not actually adding cars. We're all just making more trips.

The whole article is worth a read, and if you like livable cities, will make you sad. There is hope, though: many cities—Chicago, for example—have avoided or reversed the spiral.

"A 2×2 Grid to Understanding Some of the Ideological Concerns of Privatization, Especially as it Pertains to Parking"

Via Sullivan, writer Mike Konczal reviews economist Donald Schoup's book about parking pricing with a clear enunciation of good and bad parking schemes:

We now have two ways to distinguish changes in the provisioning of government services. On one axis, there’s who controls the provisoning and the residual – is it in public hands or private hands? On the second axis there’s how much competition and market reforms are driving the reform versus how much there’s monopolies and single firms dictating the allocation and the real reform comes through private ownership itself. Graphing these for the parking debate:

[P]eople react strongly against privatization without market competition, and there’s three good reasons why they should. There’s the matter of who ultimately controls the residual, so if there are rents captured they go to private agents as opposed to the public. If monopolists provide too little of a good at too high a price, that surplus goes to private agents, instead of recycling to taxpayers. This has huge implications for whether the initial price tag is set right, for whether the government will get too little because of crony practices or because they are liquidity-constrained, and what mechanisms are in place for reevaluating the deal at points in the future. Chances are these will all be problems, as they were in Chicago.

And now the city has to pay Morgan Stanley for street fairs...it only gets better.

Truth in advertising gets a little closer

I caught a mention of this on the Marketplace Open this morning, and now Gulliver has picked it up. Apparently the Department of Transportation now requires more transparency in airline price advertising:

Beginning Jan. 24, the Transportation Department will enforce a rule requiring that any advertised price for air travel include all government taxes and fees. For the last 25 years, the department has allowed airlines and travel agencies to list government-imposed fees separately, resulting in a paragraph of fine print disclaimers about charges that can add 20 percent or more to a ticket’s price.

“Requiring all mandatory charges to be included in a single advertised price will help consumers compare airfares and make it easier for them to determine the full cost of their trip,” Bill Mosley, a department spokesman, said by e-mail in response to questions about the rule.

The government and the airlines are being guarded in discussing the full-fare advertising policy, since Spirit Airlines, Allegiant and Southwest have asked the United States Court of Appeals for the District of Columbia to block the proposed change, arguing that it violates their commercial free speech rights.

Yes, I suppose the First Amendment gives people the right to lie, dissemble, exaggerate, and defraud. Oh wait—regulation of commercial speech seems well-established in the U.S. Good luck, guys.

Meanwhile, it will be interesting to see if airlines change their booking software before the 24th. If you book flights between, say, Chicago and London, on aa.com, you can find one-way fares as low as—no kidding—$86 outbound. Of course, the lowest return fare is $466 (connecting through Toronto on February 14th), and taxes add another $204.30 for a total fare of $756.30. (Part of that includes the asinine £60 ($95) tax to leave Heathrow that probably won't die before the Olympics.)

The airlines will claim, of course, that they can't calculate the taxes and fees in some cases, like departing Heathrow, because they don't know from the start whether the customer will be subject to the tax. This is a technical problem that a competent programmer can solve, I think. Let's see after the 24th whether they solve it.

Warm December nights

Not just here, where we're looking forward to 10°C on New Year's Eve to complete a streak of 21 days above normal temperatures,, but also Northern Europe:

Britons getting ready to ring in 2012 can expect highs of up to 15°C after a year of unusually mild weather.

Forecasters said the past 12 months have been the second warmest for the UK after 2006, in which the average temperature reached 9.73°C. The average for 2011 was just a shade lower at 9.62°C.

It comes after the warmest April and spring on record, the second warmest autumn and the warmest October day.

The U.K. also had its warmest temperature in five years on June 27th, when Gravesend, Kent, hit 33.1°C. Pretty soon Britons will need air conditioners.

But there's no anthropogenic climate change happening. None at all.

No, really, it's a bad analogy

Chicago's Francis Cardinal George, the highest-ranking member of the Roman Catholic Church in Chicago, apparently thinks gays are like murderous racists:

George’s initial comments came in connection with a controversy over whether next summer’s gay pride parade would interrupt morning services at Our Lady of Mount Carmel Church in the Lakeview neighborhood.

“Organizers (of the pride parade) invited an obvious comparison to other groups who have historically attempted to stifle the religious freedom of the Catholic Church,” the cardinal said in a statement issued Tuesday. “One such organization is the Ku Klux Klan which, well into the 1940s, paraded through American cities not only to interfere with Catholic worship but also to demonstrate that Catholics stand outside of the American consensus. It is not a precedent anyone should want to emulate.”

Cardinal, I think you're outside of the American consensus in so many ways, it really doesn't take much to demonstrate this point. However, given the KKK's history of murder, thuggery, intimidation, voter suppression, and did I mention murder?, and the Gay Pride movement's history of being murdered, being beaten in the streets, being intimidated, and did I mention being murdered?, perhaps you want to change the comparison. In fact, opposition to gay rights, murder, intimidation, and so on, is a common theme in Catholic Church history and...well...I think you can see where this is going.

Any comment from the Church?

Ouch

The Air Force has released a report about a F-22 crash that killed the pilot:

Capt. Jeffey Haney had his mobility and vision restricted while flying an F-22 at 11,580 m feet and 1,925 km/h [true airspeed], at night, and then the jet cut off his oxygen supply. According to the accident report released last week, Captain Jeffrey Haney became distracted when his oxygen system stopped delivering oxygen. After initiating a descent, he allowed his F-22 to roll past inverted, unchecked. The fighter's attitude resulted in a vertical speed of 293 m/s.

According to the Air Force accident report (PDF), Haney "was recognized throughout his career for exceptional performance." On the accident flight, he was outfitted for cold weather (wore bulky clothing) and night operations (wore night vision goggles). That personal equipment would have "reduced mobility in the cockpit" and interfered with his "ability to look from side to side and down at the consoles" without bracing himself "on various areas in the cockpit." The applicable checklist for failure of the oxygen system includes activation of an emergency oxygen system. That system is actuated via a pull ring that requires 40 pounds of force to actuate and is mounted low and aft to the side of the pilot's ejection seat.

Right before the crash, Capt. Haney attempted to recover, pulling 7.4 G before slamming into the water at Mach 1.2.

The Air Force, naturally, blames the pilot, because the possibility that a $347m airplane has enormous design flaws doesn't exist in the defense appropriation universe. This continues the august tradition of military procurement that includes toy rifles that won't fire in jungles and over-reliance on GPS selective availability in UAVs.