Tuesday, June 30, 2009

Judge Richard Posner's misguided view of the Internet and newspapers



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Judge Richard Posner teamed with University of Chicago economist Gary Becker to create The Becker-Posner Blog where the two Yoda-like oracles weigh in on the economic issues of the day. Now, the two new bloggers are no slouches: Gary Becker's contribution to economic thought is something I learned at Berkeley: "Human Capital Theory" or the idea that our age, education, and other factors combine to determine our economic income over time. Judge Posner's a famous legal figure, and currently a lecturer at the University of Chicago and on the United States Court of Appeals for the Seventh Circuit in Chicago. Both of them are conservative thinkers, so having an intellectual curiosity about those some of us call "Neoconservatives", I was drawn to read what they're distributing. This subject on "the future of newspapers."

Note: I'm Neoliberal.

Posner's right about the future of news -- sort of

First, The Judge gives a good explanation of what's happening with newspaper revenues, but his discussion of the system behind this decline assumes the importance of newspapers. This is the problem with what I call "thinking within your own age group" because while Posner has a blog and is using it, he fails to mention "blogs" at all in his post and blogging is considered by some to be a "young person's game." Using the term "websites" is incomplete because websites don't allow for the installation and updating of information as fast as blogs do. Blogs are much of the reason newspapers are getting hammered by losses in ad revenues as the money has moved to online information sources. Technorati.com's recent blog study estimated that blogs have a mean annual revenue of $6,000, with $75,000 for those with over 100,000 unique visitors per month. Given that bloggers make money via variations in ad revenue payments, that's money which went to newspapers before the emergence of blogs.

Thus, even with newspapers concentrating online efforts on their own websites, competing with blogs is still a problem: for example, 4 of the top 10 entertainment websites are blogs, including TMZ.com, which turns around news and updates its blog much faster than its old media-on-the-web competitors. Judge Posner does not discuss blogs like TMZ, and seems to imply that all original content comes from traditional news outlets, but the success and operation of TMZ, and ProFootballTalk.com, which I see as the TMZ of the NFL, proves that blogs create their own news from their own sources separate from, say, the New York Times, which Posner uses as an example what to do to save newspapers.

This is where Posner makes a total error in thinking when he writes:

Expanding copyright law to bar online access to copyrighted materials without the copyright holder's consent, or to bar linking to or paraphrasing copyrighted materials without the copyright holder's consent, might be necessary to keep free riding on content financed by online newspapers from so impairing the incentive to create costly news-gathering operations that news services like Reuters and the Associated Press would become the only professional, nongovernmental sources of news and opinion. (my emphasis)

In this Judge Posner thinks only Reuters and the Associated Press are "the only professional, nongovernmental sources of news and opinion." That's what he wrote. Let's think about that. To be "professional is to get paid for doing a job" as a professional blogger does and as the blogger's not associated with the government, they are nongovernmental.

I think you see where I'm going with this: enter TMZ.com, which is a "professional, nongovernmental source of news and opinion" that has been first with many news stories. Posner might say, "Well, TMZ can also protect its news via copywrite" - true, but given the expansion of blogs and videos and the rise of citizen journalism, the number of outlets producing original stories is expanding dramatically, which increases the chance that TMZ's efforts to protect its news from being linked to would become useless if consumers can go elsewhere for similar news. If there's another blogger making a call to the same news source even to confirm what that person read on TMZ.com, then the game's over, and that happens all the time. And with this process, the demand for that item of information from that single source is reduced.

Judge Posner needs to code a website

The other problem with Judge Posner's idea is it goes against the process of attracting the "in-bound links" a website or blog needs to maintain a high "page rank" and be placed higher in a search for "Michael Jackson's will". No one will link to the NY Times if they fear a lawsuit coming their way; better to go elsewhere to get the information and let the Times suffer from the lack of link traffic. If Judge Posner understood how to write the code for a website from scratch, he'd have been sensitive to the basic practices of "search engine optimization," and jettisoned his own idea.

Hugh Jackman, James Franco, 134 others new Academy members



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Ok. Actor Hugh Jackman, before he ran around in the buff in Wolverine, was the host of this year's Academy Awards ceremonies. But would you believe he wasn't even a member of the Academy? Well, that changed today. Jackman, actor James Franco from the Spiderman movie series, and 134 others were announced as new members of the Academy of Motion Picture Arts and Sciences in a  press release emailed to me today.



According to the Academy, the limit of new memberships extended is 166, but as has been the case in past years, the membership committees extended fewer invitations to become members than the limit. What's interesting to me is that one has to be invited to become a member - I assumed that came with being in the Screen Actors Guild or other movie union organizations.

It explains to a degree why the Academy seems so conservative in its movie award choices: it has a membership that is older than that for the Guild because, according to Academy President Sid Ganis “These filmmakers have, over the course of their careers, captured the imagination of audiences around the world", which generally means they've been around for a while. There are exceptions, however, the best one being Dakota Fanning, who was invited in 2006 when she was just 12 years old. But look at the body of Fanning's work: movies like Man on Fire, War of the Worlds, Charlotte's Web, and Push, to name a few. By contrast, well-known names like Jackman, Franco, Casey Affleck, and Anne Hathaway were just invited to become members this year.

The full list of new members, sent to me by the Academy, is below. It includes not just actors, but animators, art directors, cinematographers, costume designers , directors, documentary producers, executives, film editors, live action short film makers, makeup artists and hairstylists, producers, production designers, public relations specialists, set decorators, sound experts, visual effects masters, scenic artists and writers.

Interesting how writers were the last to be listed. Oh well.

There are notables names in that area, too. One that sticks out is Paula Wagner, who teamed with Tom Cruise to make the Mission Impossible series. And another is under "Director" is Tyler Perry. But what's interesting is how we can see the "Hollywood pecking order": if you're in this membership group, your an elite person in the business. Here's the list of new Academy members for 2009:

Actors
Casey Affleck
Emily Blunt
Michael Cera
Viola Davis
James Franco
Brendan Gleeson
Anne Hathaway
Taraji P. Henson
Emile Hirsch
Hugh Jackman
Melissa Leo
Jane Lynch
Eddie Marsan
James McAvoy
Seth Rogen
Paul Rudd
Amy Ryan
Michael Shannon
Michelle Williams
Jeffrey Wright

Animators
J.J. Blumenkranz
Konstantin Bronzit
Kendal Cronkhite
Rodolphe Guenoden
Byron Howard
Kunio Kato
Doug Sweetland
Chris Williams

Art Directors
Andrew Ackland-Snow

At-Large
Matthew D. Loeb
Redmond Morris

Casting Directors
John Papsidera
Bernie Telsey

Cinematographers
Russ T. Alsobrook
Anthony Dod Mantle
Henner Hofmann
Claudio Miranda
Rodney Taylor
Mandy Walker

Costume Designers
Deborah Hopper
Louise Mingenbach
Michael O’Connor
Michael Wilkinson

Directors
Rachid Bouchareb
Danny Boyle
David Frankel
Rod Lurie
Thomas McCarthy
Tyler Perry
Henry Selick

Documentary
William Gazecki
Rachel Grady
Rory Kennedy
Scott Hamilton Kennedy
James Marsh
Megan Mylan
Doug Pray

Executives
Daniel D.A. Battsek
Steve Beeks
Graham W. Burke
Joe Drake
Erik Feig
Paul Hanneman
Donald P. Harris
Claudia Lewis

Film Editors
Roger Barton
Hank Corwin
Chris Dickens
Elliot Graham
Kathryn Himoff
Leo Trombetta
Brent White
Pam Wise

Live Action Short Films
Reto Caffi
Jochen Alexander Freydank
F. Carter Pilcher

Makeup and Hairstylists
Howard Berger
Mike Elizalde
Louis Lazzara
Gerald Quist

Music
Jeff Danna
Andrew Dorfman
Peter Gabriel
Clint Mansell
A.R. Rahman

Producers
Mark Ciardi
Christian Colson
Gordon Gray
Broderick Johnson
Cathy Konrad
Andrew Kosove
James Lassiter
Russell Smith
Paula Wagner

Production Designers
Donald Graham Burt
Michael Carlin
Jane Ann Stewart
Kevin Thompson

Public Relations
Michael D. Camp
Marc Cohen
Megan Colligan
James C. Gallagher
David Kaminow
Sal Ladestro
Maria Pekurovskaya
Elizabeth Petit

Set Decorators
Rebecca Alleway
Peter Lando
Barbara Munch-Cameron

Scenic Artists
Robert Topol

Sound
Michael Barry
Derek Casari
Aaron Glascock
Ren Klyce
Peter F. Kurland
Karen Baker Landers
Hamilton Sterling
Deborah Wallach
Kim Waugh

Visual Effects
Christopher Bond
Matthew Butler
Chris Corbould
Rob Engle
Scott Gordon
Hal Hickel
Van Ling
Shane Mahan
Steve Preeg
Tim Webber
Edson Williams

Writers
John August
Dustin Lance Black
Courtney Hunt
Howard A. Rodman





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Obama Interrupted by Duck Ringtone

Obama handled this so well!

Hayward, CA to get new power plant with greenhouse gas controls



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On YouTube.com

With BART's deadline to reach a new union contract or face a worker strike extended to July 9th but still coming up on us fast, I took to the streets to learn what the public thinks about this possible event.

What I found was that many claimed they didn't even know of the possibility, but of those who did they all believed it would "severely cripple" transportation service in the Bay Area. I didn't tell those I talked to that the average BART union worker's salary was $115,000, or that the public ridership took in an average of $55,000, as that would be leading the witness. I wanted to learn what was on their minds and you can see that in the video.

But people not being informed about this? That's crazy. But I encountered a frightening number of people who were not informed. It's not that they don't care, but I think they see themselves as powerless to do anything one way or the other, and so stay out of the debate. Many didn't know that BART workers wanted a three percent raise or that BART police couldn't strike for that matter.

This sets the stage for a massive public outrage when a group of people (us) that has been asleep at the wheel finds it can't catch it's BART Train in the morning. Then there will be hell to pay.

George Clooney and Rick Astley are not dead; please stop it.



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On YouTube.com

Ok we've had a lot of deaths over the past week, from Ed McMahon to Farrah Fawcett, and Michael Jackson and Billy Mays, and on Monday, the comedian Fred Travelina. All of these great people taken from us in so short a period of time is heartbreaking. But what's all the more upsetting are the fake reports of the deaths of Jeff Goldblum and Natalie Portman last week and George Clooney and Rick Astley this week.

Who's Rick Astley? He's a crooner who's song "Never Gonna Give You Up" sparked a kind of online link trick called "Rick Rolled" where you would click on a link thinking you were going to see, say, the Economist magazine, and instead you got the YouTube video of Astley singing "Never Gonna Give You Up". But the news reports are fake, someone on the CNN iReport used their platform to create a false AP news story that Astley was dead. That was sad and really not nice at all.



What's going on here with these fake reports?

Some idiots out there think these acts, which have ran Twitter crazy, are funny. They're not. Suppose someone did that to your Mom and dad; put their names out there and have them subject to a negative hashtag reporting their deaths? Let's say your cell phone battery went out and you could not confirm the caller? You'd be pretty upset yourself.

So if that upsets you, imagine how the other people feel.

BART's possible strike - a view from the street



More at Zennie62.com | Follow me on Twitter! | Get my widget!



On YouTube.com

With BART's deadline to reach a new union contract or face a worker strike extended to July 9th but still coming up on us fast, I took to the streets to learn what the public thinks about this possible event.

What I found was that many claimed they didn't even know of the possibility, but of those who did they all believed it would "severely cripple" transportation service in the Bay Area. I didn't tell those I talked to that the average BART union worker's salary was $115,000, or that the public ridership took in an average of $55,000, as that would be leading the witness. I wanted to learn what was on their minds and you can see that in the video.

But people not being informed about this? That's crazy. But I encountered a frightening number of people who were not informed. It's not that they don't care, but I think they see themselves as powerless to do anything one way or the other, and so stay out of the debate. Many didn't know that BART workers wanted a three percent raise or that BART police couldn't strike for that matter.

This sets the stage for a massive public outrage when a group of people (us) that has been asleep at the wheel finds it can't catch it's BART Train in the morning. Then there will be hell to pay.