Obamania

I liked Obama’s acceptance speech tonight. If you haven’t heard or seen it, it is worth listening to.

The Obama web site highlights this portion of the speech. I felt it was a powerful statement.

That promise is our greatest inheritance.  Itâ??s a promise I make to my daughters when I tuck them in at night, and a promise that you make to yours â?? a promise that has led immigrants to cross oceans and pioneers to travel west; a promise that led workers to picket lines, and women to reach for the ballot.

And it is that promise that forty five years ago today, brought Americans from every corner of this land to stand together on a Mall in Washington, before Lincolnâ??s Memorial, and hear a young preacher from Georgia speak of his dream.

The men and women who gathered there couldâ??ve heard many things.  They couldâ??ve heard words of anger and discord.  They couldâ??ve been told to succumb to the fear and frustration of so many dreams deferred.

But what the people heard instead â?? people of every creed and color, from every walk of life â?? is that in America, our destiny is inextricably linked.  That together, our dreams can be one.

â??We cannot walk alone,â? the preacher cried.  â??And as we walk, we must make the pledge that we shall always march ahead.  We cannot turn back.â?

America, we cannot turn back.  Not with so much work to be done.  Not with so many children to educate, and so many veterans to care for.  Not with an economy to fix and cities to rebuild and farms to save.  Not with so many families to protect and so many lives to mend.  America, we cannot turn back.  We cannot walk alone.  At this moment, in this election, we must pledge once more to march into the future.  Let us keep that promise â?? that American promise â?? and in the words of Scripture hold firmly, without wavering, to the hope that we confess.

I liked the reference to Harlem (also known informally as Dream Deferred) by Langston Hughes, the poem that begins A Raisin in the Sun. Good poem.

Dream Deferred

What happens to a dream deferred?

Does it dry up
like a raisin in the sun?
Or fester like a sore--
And then run?
Does it stink like rotten meat?
Or crust and sugar over--
like a syrupy sweet?

Maybe it just sags
like a heavy load.

Or does it explode?

	-- Langston Hughes

One theme I picked up on and have heard him say before is that we must be the change we want to see. And, like his other references to famous but unnamed persons/events, he channeled the ideas of Gandhi without specifically calling him out.

Needless to say, I’ve made up my mind. I think Obama will make a better President, manage the government better, and he will put better and more competent people in charge than McCain will.

Even then, I don’t like how either canidate handles the subject of the budget deficit. A deficit today is a tax tomorrow. Deferred taxation is not good policy. But both argue for tax cuts. If you disagree and want a tax cut, see whether Obama or McCain will cut your taxes more. http://alchemytoday.com/obamataxcut/

Charlie Rose Interviews … Charlie Rose (regarding Yahoo! and Microsoft)

This video is likely entertaining only to folks who are forced to live with Microsoft hovering over Yahoo!, who are into video mashing and editing, or who like making fun of the first two groups. Even if you aren’t in those groups, watch anyway; it is short enough for everyone to watch and ponder.

I’ve wanted to post and comment on this video since I saw it a few weeks ago. Now I get my chance, as I work through some of my copyrights outline (test tomorrow).

I assume the Charlie Rose show is copyrighted. I also assume, Charlie Rose or the owner of his show can make out a prima facie case (this means they showed infringement of their copyrighted work). In that case, the maker of this video will need to argue a Fair Use defense under section 107 of the copyright statute.

Section 107 of the copyright act (usc title 17, section 107) provides four factors for courts to assess a fair use claim. It requires a court to consider: (1) the purpose and character of the use; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work.

First, a court must consider the purpose and character of the use, analyzed along two axes: commercial versus non-commercial; and the superseding object of the original versus transformative uses. The commercial nature of a work is generally not dispositive and is given very little weight. Courts frequently provide this quote from an old case: “no man but a blockhead ever wrote, except for money.” It isn’t entirely true, but sums up U.S. courts’ opinions about how they regard this requirement. Along the second axis, the video appears to be transformative because, to me, it appears to “add something new, with a further purpose or different character, altering the first with new expression, meaning, or message.” Is it a parody? In which case it is given more deference. Is it only satire? If so, it gets less deference. I think that because the video’s creator adds another meaning, that of this philosophical conversation with self, it likely passes as transformative.

Second, the nature of the copyrighted work is as a published video of non-fiction. I’m assuming that the video was taken from archived copies of the Charlie Rose show. This part of the analysis matters very little unless it was an unpublished work that was intended to be sold for money. This was the case in the late 1970’s when the Nation Magazine scooped the juicy details that were to the “very heart” of former President Gerald Ford’s memoirs of his time in office. The Nation acquired a copy of the manuscript before it was published, and caused Time Magazine to cancel out on the advance it had paid to have first dibs on a review. D’oh! Here, if the video clips were taken from previously broadcast Charlie Rose episodes, Obi Wan Kenobi is not needed to say “There is nothing here. Move along.”

Third, a court will look at the amount ans substantiality of the portion used in relation to the copyrighted work as a whole. It seems this video takes very little of two separate shows. It is a toss-up how a court will come down on this. A court will not let someone take the heart of a work, as in the Nation Magazine scooping Gerry Ford’s story, even though it used a few hundred words of a 300 or more page book. I think it is unlikely they would consider this went to the heart of the Charlie Rose episodes in question because it was changed so much so that I’m not sure what was discussed beyond Yahoo! and Microsoft.

Fourth, a court will look at the effect upon the market value of the original, copyrighted work. It isn’t clear to me, but I doubt it will have much impact. The new video does not substitute for the original. In fact, I think it might lead people to want to view the shows to see what was said originally.

All said, I think this video will likely qualify as fair use.

Infringement of Copyrighted Songs?

I’m preparing for a Copyrights exam in less than 48 hours. One part of the test for copyright infringement asks whether the “ordinary observer” would find substantial similarity between the two works.

This video provides a good opportunity for you, as the ordinary observer, to decide whether songs are substantially similar to each other. There are several sets of provided, the original work followed by the allegedly infringing song.

The last one is the most trippy. You can hear the full version of Taurus by Spirit on this video:
http://www.youtube.com/watch?v=ogTFdlbup24 (embedding not allowed on this one.)

And here is a second set to provide your opinion as the “ordinary observer.”

Why I love the Internet

Because geeky professors can feel empowered to make videos in which they sound alarms and spread their message virally, while they enjoy their morning coffee.

Very cool, however the message given in the video isn’t. The professor, Brad DeLong, rings the alarm, saying evasive action taken by the Fed may not work and that government needs to start talking about solutions before we get another depression with deflation or the inverse, inflation.

Morality: 2012

For this video, you’ll need to visit the New Yorker web site. The video there is an interesting academic presentation regarding morality and how liberals often fail to get their message across.

Morality: 2012: Online Only Video: The New Yorker

The social and cultural psychologist Jonathan Haidt talks with Henry Finder about the five foundations of morality, and why liberals often fail to get their message across. From â??2012: Stories from the Near Future,â? the 2007 New Yorker Conference.

Videos: 80s style

The first time I watched a music video I was nine. Van Halen’s Jump had just been released and I sat down to watch it with other boys from my Cub Scout den while we waited for our mothers. I wasn’t impressed. We ended up watching a few videos including Duran Duran singing about wolves, Michael Jackson starring in one thriller of a music video, and some others I don’t remember. Looking back on those days, I’m amused by the production put into some of the videos. Some actually cared about story.

Tonight, on a whim, I decided to check out what Y! Music has from that time period. Here are some classics:

Pat Benatar – Love is a Battlefield. You gotta love the stiletto heeled boots. Bollywood style dancing as well, although no Busby Berkeley scenes.

Bruce Springsteen – Born in the U.S.A. Still a good, patriotic song.

John [Cougar] Mellencamp – Small Town. Don’t know if you saw the news, but apparently John McCain is associating himself with John Mellencamp’s America.

Weird Al – Like a Surgeon. Cool Vans. The best 80â??s video ever! 😉