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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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



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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.

Monday, June 29, 2009

BART Strike & Oscar Grant: strike hampered by police racism



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YouTube, Blip.tv and Sclipo

For weeks now, BART management and labor have been arguing over who should give up what on the eve of the expiration of contracts with the five unions that represent BART workers. But there's a problem: the matter of the murder of Oscar Grant and the revelation that another BART officer used a racial slur, and this was captured in a new video, raise questions regarding labor's moral standing to strike.

While BART's police can't strike, as one officer told me, the unions essentially represent the labor issues for the police. Thus, the use of the racial slur by a BART officer with BART Officer Johannes Mehserle, coupled with the murder by Mehserle, opens the accusation that it was a hate crime. According to the San Francisco Chronicle, it was officer Tony Pirone who yelled "Bitch-ass N__, right?" As he was hitting Grant while Grant was on the ground.

While Pirone claims he was responding to something Grant said, there's no record or video backing his claim. What I think happened was Pirone may have overheard someone else say this but as Pirone is white, it's not likely someone would use that terms against him, especially since he's a police officer. But Pirone leaves himself open to another interpretation: that he was saying to Grant he's a "Bitch-ass N__, and then used the term "right?" as a way of affirming his own comment about Grant.

If so, and I think it is, that's a clear hate crime. Period. End of discussion.

I don't think BART workers want to be associated with this kind of behavior, but that's a looming possibility. BART workers are already seen to be richer than their riders, many who are like Oscar Grant, poor. So here we are with BART workers unwilling to take payroll cuts to maintain service, asking for a three-percent raise when everyone in the public sector's trying to save their jobs, and now we have two BART police officers expressing the ultimate dislike for a passenger due to his skin color. It also opens this question: to what degree do BART police conduct racial profiling?

A good friend of mine in law enforcement told me that many of the people recruited to become officers are white, suburban in their upbringing, not experienced in working with or befriending people of color. That must change.

The Strike Threat and The Race Problem

It's already clear many riders I talked to are concerned about the possible loss of service, but just wait until they get wind of these racial problems!

If BART's unions are going to achieve any degree of credibility in this matter, they've got to have the police address their problems with racism and issue an apology to the black community. The unions have no right to threaten a strike that disproportionally harms the poor and minority after one of their own working partners, represented by two BART police workers, apparently expressed dislike for and then shot a man who was poor and African American, because was poor and African American.

BARTLabor.com

If you want to keep up with the BART labor issue as it unfolds, I recommend you visit BARTLabor.com, a good and comprehensive website explaining just what's going on with the BART Strike and providing news updates.

San Francisco Happy Hour: Aventine is raging! (video)



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The evening of Friday June 26th started in a rather routine way for me: meeting friends after work at the outdoor patio setting that the restaurant Cafe Americano provides on the corner of Howard Street and The Embarcadero in San Francisco (now, yes, I live in Oakland but as any dweller knows, Oakland, San Francisco and all cities as far north as San Rafael and as far south as South San Francisco make up what I call "The Inner Bay Area": a place of with a population of 2 million people, one college town, Berkeley, and two downtowns in Oakland and San Francisco, both served by BART.  It's common to see the same people anywhere within the Inner Bay Area, from a Cal football game to Friday nights in San Francisco, or a concert at Oakland's Fox Theater.)

Paul, one of my associates who's always on the hunt for the ultimate party. knew of one and said "Let's head over to Aventine. It's going to be raging tonight." (For you older types, "raging" is a term used to decribe a well-attended event with a lot of dancing and socializing.) So he rounded up the group of us gents and we grabbed a cab over to 529 Washington Street, next to the TransAmerica Pyramid.

I'd never officially visited Aventine, so this was a treat. When we arrived I asked one of the owners Adam Snyder, if I could use my video camera to record the festivities there and he not only gave permission he opened the video with an introduction.

Nice.

Aventine itself is a restaurant and bar I've not yet eaten at that shares series of blocks occupied by a number of good eateries and nightclubs which make up Jackson Square where San Francisco's Financial District ends and North Beach begins. With places like Bix, Kell's, and The Bubble Lounge near by, it's important to have an "angle" - something that draws people.

A Happy Hour in an alley



Aventine's revelers on Friday evening

The owners of Aventine took over an alley that connects Washington and Jackson streets, closed it off to traffic with the help of the San Francisco Police department, installed a set of turn tables operated by a disk jockey, added two bars and a pizza vendor, and encouraged non-profit neighborhood groups to set up places where party-goers could sign up to donate to their organizations. The result is a cross between a convention for do-gooders and a nightclub in the day, a street fair; and around 7 PM on a hot summer day like Friday was, the combination's electric, drawing a 1,000 people according to Snyder.

Michael Jackson, the amazing force of music talent, tragically passed the day before, so the record-spinner played a number of Jackson's best known hits: Billy Jean, Thriller, Pretty Young Thing, etc. At first, one or two people danced, most notably "D" who holds court with her rhythmically frenetic dancing, but eventually two turned to twenty, and twenty turned to 40, then 40 turned to 80. Now, I've attended a lot of street fairs, parties, and other events in San Francisco, and this one is one of the best I've seen. It's a perfect after work place to go to have good clean dancing fun.

Now some people don't like to dance, but my observation is once they have a few cocktails they start movin' and grovin' like there's no tomorrow, and badly. That was certainly the case for some at Aventine, but others like me just like to dance and need little excuse (or drink) to do so, especially since I just recovered from the worst flu of my life.  I was celebrating!

And for those who just like to socialize and not move their hips, there's the occasional only-in-San Francisco character to talk to. In Aventine's case, that person is the colorful "Emperor Norton" a uniformed chap who claims to own Mexico and California. Give him your attention and he'll write a bond for you he claims you can trade for money!

Aventine's Friday Happy Hour's a cool place for singles; the guy / gal ratio gets better - that is, even - as the night approaches, everyone's nice, and the folks are attractive (and the women who comes to Aventine look like models). But that written, it's San Francisco, so the event draws both Gay and straight and no one cares. We can thank the the energy of the event for that; there's just something, well, joyful about seeing people have fun. It's the best attraction element in the world.

Sunday, June 28, 2009

Billy Mays Dies: Reported On Twitter By His Son (video)



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YouTube, Metacafe, Blip.tv, Sclipo and Viddler

I got the word that amazing informercial pitchman Billy Mays (who was recently most famous for his ESPN commercials) died in a very different, but increasingly common way: Twitter.



I had just talked with my Mom, checked emails, and looked at my Twitter feed, when one follower wrote asking if she could post informercials from Mays since we were posting Michael Jackson information; not knowing Mays passed, I wrote "no", then happened to look at the "trending hastags" which tells one what subjects are the most popular posts on Twitter, and I saw "RIP Billy Mays".

I was shocked.

Then I saw his son, Billy Mays III's tweets, which read this way:

I'm thankful I got to talk to my dad last night. I miss him immensely already. But I feel him with me.about 1 hour ago from UberTwitter

With the family. Um... Not quite sure what to say right now. All the support from you guys does help.about 3 hours ago from UberTwitter

On my way to the house. He's gone. I'm gonna be strong for him. Thank you for all the thoughts and prayers everyone.about 4 hours ago from UberTwitter

@danielle97X it seems to be all too real at this point. Thank you.about 4 hours ago from txt

My dad didn't wake up this morning.. I'm sure you'll all hear about it. It hasn't yet hit me but it's about to.about 4 hours ago from UberTwitter

@bigjermmusic Good, keep pushin on songs dude.about 15 hours ago from txt

Finally signed up to Guru.com for professional purposes.about 16 hours ago from web

So I went to check the elder Mays Twitter feed since I follow him, and saw the following, which I will post here as it may give some clues to what happened to him. The Associated Press reports no official cause of death as of this writing, but that he told his wife he hit his head on the plane landing in Tampa. Whatever took place, he didn't wake up today. Here are his last tweets:

Just had a close call landing in Tampa. The tires blew out upon landing. Stuck in the plane on the runway. You can always count on US Air.12:01 PM Jun 27th from txt

Getting ready to fly back to Tampa from Philly. Monday is the big day (HIP REPLACEMENT NO.3) Keep you posted.7:40 AM Jun 27th from txt

Just got done shootong a new product with my production company 4 Blind Mice.2:28 PM Jun 26th from txt

Just finished up a brand new oxi-clean show in Jersey. On my way to Princeton to meet with Arm and Hammer and then to Philly and then hi ...12:59 PM Jun 25th from txt

Just got done with the Tonight Show. Had a great time. The episode airs tonight7:21 PM Jun 23rd from txt

Just got to Conan's studio. About to go to the pre-pro meeting.3:47 PM Jun 23rd from txt

This is shocking. On the heels of Ed McMahon, Farrah Fawcett, and Michael Jackson, all within the last six days. RIP Billy Mays. You're one of a kind and will be missed.

Somehow U.S. Senators Get Suckered into asking for Ecuador Chevron trial without "U.S. Meddling"

Considering the smelly deals going on in Ecuador, like the plaintiff paying off the court-ordered environmental economist to the tune of $200K, that four great U.S Senators - Democratic Senators Ron Wyden of Oregon, Richard Durbin of Illinois, Robert Casey of Pennsylvania and Patrick Leahy of Vermont - could be suckered into calling for a "clean trial" without "U.S. Meddling" is totally funny. What about Ecuador meddling? I guess that's ok. With this kind of crap, the real problems in Ecuador of government and legal corruption will never be solved.

Saturday, June 27, 2009

Cancelled Wow Account Meltdown

Only on YouTube....wow

Michael Jackson's doctor talks to LAPD; not on the run.



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Contrary to reports, the LA Police have said Michael Jackson's cardiologist, Dr. Conrad Murray, was not missing and did talk to them Thursday afternoon, according to the blog Radar Online.

Officer Karen Rayner said to the blog that Murray has a brief conversation with them but she could not reveal the details of that conversation.

Earlier it was report that police were impounding his car and that he was missing, but the LAPD said he was not a person accused of a crime.

The police will talk with him again soon.

The public share its views: