Netroots and telecom

There’s a telecom panel at the Netroots Nation conference today on the subject of “Big Telecom: An Emerging Threat to Our Democracy?” The implied answer is yes, and it appears that every participant on the panel will be making that case. Here’s the description of the panel: Massive telecom companies control virtually all of our voice and internet communications these days—and new evidence shows a near-total lack of commitment to our democracy. AT&T has proposed filtering all content traveling on its network. Verizon tried initially to block NARAL’s pro-choice text messages. Most telecom companies are fighting net neutrality. Can democracy survive an assault by those who control the tubes?The panel members don’t include anyone with any experience managing or operating an actual telecom network, but instead includes two people who have repeatedly demonstrated not only an ignorance of telecom law, technology, and policy, but who have misrepresented facts and failed to engage with the arguments of their critics, Matt Stoller and Timothy Karr (see posts on this blog in the “net neutrality” category). The closest person to a representative of a telecom is Michael Kieschnick of Working Assets, a company that is a reseller of long distance and wireless service on Sprint’s network. I agree with many of their positions–I don’t think ISPs should be allowed to block websites on the basis of disagreement with content. I think ISPs should be transparent about their network management processes and filtering. Where I disagree with them is that they advocate that the FCC step in to regulate the Internet in a way that it has never had authority to do so before, and demand that network operators not be allowed to implement classes of service with different rates of charges, or even usage caps. Art Brodsky expresses the point which has also been made by Robb Topolsky of Public Knowledge, Timothy Karr of Free Press, and Matt Stoller: In the name of “network management,” some companies want to throttle down the use of legal applications, like BitTorrent which may, coincidentally, provide competition in entertainment programming. They want to impose usage caps across the board on all customers which would stifle innovation and curb the use of video (there’s that anti-competitive meme again) without actually solving the problem of the so-called “bandwidth hogs.” The way caps are being discussed now, they would only lead to higher prices and less usage for an industry that already charges more for less than most broadband providers around the world. Parts of our broadband industry may be the only sector in the world that wants to cut down the amount of its product it wants customers to use.Brodsky’s last sentence is clearly false–broadband is like a fixed-price all-you-can-eat buffet. All businesses want to maximize their profits by maximizing revenue and minimizing costs. When bandwidth is sold at a fixed cost in unlimited amounts, where a small number of users are consuming the majority of the service, it’s in the business’s interest to restrict those users or charge them more for what they consume in order to satisfy the rest in a cost-effective manner. The options are few–you can either restrict the “bandwidth hogs” in some way, charge them more so that they pay for what they use, or raise the price for everyone. These guys seem to advocate the latter approach, while I’m in favor of allowing all the options to be used in a competitive market. Where I disagree with Comcast’s approach in issuing RST packets to block BitTorrent traffic is not that they did it, but that they were not transparent about what they were doing (and apparently didn’t quite get it quite right–it should not have completely broken BitTorrent, but only slowed it down). Brodsky’s suggestion that Comcast has an interest in blocking BitTorrent because it provides competition in the entertainment space is absurd–they have an interest in blocking it because it’s a very popular application which itself exploits Internet protocols in a way not anticipated by the designers in order to consume more bandwidth, getting around the congestion controls in TCP/IP by using multiple TCP streams. If BitTorrent traffic wasn’t filling up the majority of Comcast’s bandwidth, they’d have no interest in it, except when the MPAA and RIAA issue them subpoenas about their users infringing copyrights. If the government prohibits the use of differential classes of service (which is already heavily used by private companies to give priority to applications within their enterprise which have requirements for low latency and jitter, such as real-time streaming audio and video, including Voice over IP) and requires that congestion be dealt with by building out infrastructure sufficiently that there will never be congestion no matter how many users max out their connectivity with BitTorrent, that will reduce competition by culling smaller companies out of the picture and making market entry more difficult. In any environment where a provider’s upstream capacity is less than the sum of the capacity to every customer (and that’s everywhere, today, and always has been), all-you-can-eat bandwidth is like a commons. The more that is available, the more the heavy users will consume, to the detriment of each other and the light users. Without setting caps and having tiered pricing or implementing technology that prioritizes packets and drops from the heavy users and from less-realtime-sensitive applications first (like BitTorrent), there are no incentives against consuming everything that is available. I also think it’s a huge mistake to have the FCC start regulating the Internet. FCC chairman Kevin Martin would no doubt love to place indecency standards and filtering requirements on Internet content. Once you open the door to FCC regulation of the Internet, that becomes more likely. And the FCC has been completely ineffectual at dealing with existing abuses like fraudulent telemarketing, illegal prerecord calls to residences and cell phones, caller ID spoofing, etc., already covered by statute and regulation. I’d rather see clear statutes that include private rights of action than entrust control of the Internet to the FCC. The FCC is a slow-moving bureaucracy, and AT&T and Verizon have the deepest pockets, the most lawyers, and the most personnel who have shuffled back and forth between government (including the NSA) and industry. That gives AT&T and Verizon the tactical advantage, and leads to less competition rather than more. Which brings me to the warrantless wiretapping and telecom immunity issues, which Cindy Cohn of the EFF no doubt addressed on the Netroots Nation panel. I suspect I have little if any disagreement with her. I’ve long been a supporter of the EFF, as are many people involved in the management of ISPs. I strongly oppose telecom immunity for warrantless wiretapping, a complete abdication of Congress’ responsibility to support the U.S. Constitution. But this shows the power of AT&T and Verizon. Not only did they get what they wanted, but the very infrastructure which was built to do this massive interception of traffic for the NSA and for law enforcement interception under the CALEA laws was built for them with assistance from government funds. All telecoms have to be compliant with CALEA (now including VoIP and broadband Internet providers), but the big incumbents who were most capable of affording it on their own got it at the lowest costs, while their competition was required to build it out at their own expense even if it never gets used. But there are legitimate uses for deep packet inspection, for understanding the nature of the traffic on a network for management purposes, including tracking down security and abuse issues. Since it is in the hands of the end user to use encryption to protect sensitive content, I think use of DPI by network providers is reasonable for the purposes of providing better service in the same way that it’s reasonable for a voice provider to intercept traffic for quality measurement purposes. It’s also reasonable for interception to occur for “lawful intercept,” but it should always require a court order (i.e., both executive and judicial branch approval) on reasonable grounds. The difficulty of obtaining wiretaps depicted in the television program “The Wire” is how it should be. I’ve written a lot on these issues, much which can be found in this blog’s Network Neutrality Index. If any reader of this blog happens to have attended the Netroots Nation telecom panel or comes across a description of its content, please point me to it, as I’d like to see what was said. I don’t have high hopes for the accuracy or reasonability of statements from Stoller and Karr, but I could be surprised, and the other panelists probably had interesting and important things to say. (See my Blogger profile for the disclosure of my employment by Global Crossing, which is currently listed by Renesys as the #3 network provider on the Internet in terms of number of customers, ahead of AT&T and Verizon, behind Sprint and Level 3.) UPDATE: The “Big Telecom” panel was live-blogged (dead, unarchived link: http://openleft.com/showDiary.do;jsessionid=C865142FFB85E14AAD27045B9A342B15?diaryId=7032"). Stoller’s anecdote about the Bill of Rights on metal is referring to Dean Cameron’s “security edition” of the Bill of Rights, which was also promoted by Penn Jillette. ...

July 19, 2008 · 36 min

The Amazing Meeting 6 summarized, part three

This is part three of my summary of The Amazing Meeting 6 (intro, part one, part two, part four, part five). Friday night was my one late night out, as I went with a group of Denver and Boston skeptics (and one local friend) to Gallagher’s Steakhouse at the New York, New York Casino. On the walk down the strip, we passed some 9/11 truthers holding signs promoting a website promoting their views. I told one that he should check out 911myths.com, to which he responded, “That’s funny.” He ended up going off on a rant about how I was sticking my head in the sand, to which Iunproductively responded in an off-color manner about where he was sticking his head. We had a fantastic, though expensive, meal, and I ended up leaving my camera at the restaurant. Fortunately, I was able to retrieve it even though the restaurant had closed. Saturday morning I had breakfast with an attorney from Florida and a regular attendee of hacker’s conferences from Pennsylvania; we talked a bit about criminal hacking on the Internet and copyright law. Michael Shermer on the Skeptologists and why people believe in unseen things Michael Shermer gave the first talk of the day. He began by talking about how he recently accepted some money from the Templeton Foundation in return for editing a booklet of thirteen essays on the question “Does science make belief in God obsolete?", which he agreed to do on the condition that he could pick at least some of the people to write answers to the question. Respondents included Kenneth Miller, Victor Stenger, Christopher Hitchens, Stephen Pinker, and Stuart Kauffman. He then showed a segment from a TV show pilot, “The Skeptologists," that is now being pitched to the TV networks. The show features Yau-Man Chan, Mark Edward, Steven Novella, Phil Plait, Kirsten Sanford, Michael Shermer, and Brian Dunning investigating claims using the tools of skepticism. The segment shown was of Shermer, Sanford, and Novella investigating health claims made for wheat grass, such as that because it contains chlorophyll which is molecularly similar to hemoglobin, it turns into hemoglobin when you consume it. Shermer then went on to give a talk about “why people believe in unseen things,” arguing that we engage in learning by association (something illustrated by Banachek’s memory workshop) and have a tendency to make type II errors (incorrectly accepting a belief in something false) over type I errors (incorrectly rejecting a belief in something true). He gave a brief review of some evidence that when we process a sentence in order to understand it, we go through the same steps as entertaining that it is true, and to exercise skepticism about it requires additional effort; disbelief requires a subsequent process of rejection after the process of comprehension. This kind of acceptance of knowledge presented by others makes sense for a child growing up, especially in a hostile environment where survival is at stake. Humans also tend not to be persuaded by or even remember being told that something is false–the negation can be forgotten while the statement being denied is remembered as true. A flyer put out by the CDC to rebut myths about flu vaccines turned out to have the opposite of the desired effect, at least by certain groups of people–after 30 minutes, they remembered 28% of the false statements as being true, and after three days the percentage jumped to 40%. (Also see Sam Wang and Sandra Amodt’s op-ed in the June 27, 2008 New York Times, “Your Brain Lies to You.") Shermer didn’t mention the study I’ve linked to, but rather later near the end of his talk referred to some fMRI studies by Sam Harris, Sameer Sheth, and Mark Cohen (PDF) about evaluating statements as true, false, or undecideable, comparing reaction times to different types of statements. Agency and the intentional stance Shermer talked about the work of Pascal Boyer and Daniel Dennett on agency and the intentional stance–that we tend to assume by default that everything that happens not only has a cause, but is caused by an agent, and particularly one that means us harm. Such an assumption may make evolutionary sense to enable survival, though it clearly doesn’t work well for accurate explanations of the world. But such appeal of agency lies behind intelligent design theory, and attributing supernatural intentions to natural phenomena. Shermer called this “The God Illusion” rather than “delusion,” because he, like Boyer and Dennett, see it as a normal cognitive illusion rather than something delusional or pathological. He went on to talk about folk intuitions as being the engines of all sorts of beliefs. He gave examples from folk astronomy, folk biology (the elan vital), folk psychology (mind/brain dualism), and folk economics (centrally planned economies). He compared natural selection and Adam Smith’s invisible hand, observing that many people misconstrue one or the other as being something magical or directed. He observed that we have folk intuitions that have evolved for a particular environment, yet do not work well at the huge or tiny scales. Then, more controversially, he referred to folk politics, viewing societies as an extension of the family, and referred to “intelligent government theory,” the “God of the government” theory, and “the government illusion,” drawing an analogy to intelligent design, God of the gaps, and the God illusion, respectively. But where intelligent design says “I can’t imagine how X could have evolved, therefore it must have been designed,” he described “intelligent government theory” as based on the faulty reasoning that “I can’t imagine how X could be done privately, therefore a government must do it.” The difference here, as I’ve already mentioned, is that we know that governments exist and do provide services. The libertarian argument about private provision of services vs. government provision of services is one about whether government is necessary, or moral, or more efficient than private provision of services. To my mind, such arguments are well worth having, but come down to questions of competing values (e.g., liberty vs. justice) and empirical evidence about costs and benefits of competing approaches. It’s not really analogous to the question of the existence or nonexistence of gods, unless perhaps one takes that to partly be an issue about the pragmatic value of belief in an illusion vs. truth. Sharon Begley Newsweek science writer Sharon Begley gave a talk titled “Creationism and Other Weird Beliefs: The Role of the Press,” with a subtitle “hint: don’t get your hopes up.” She was very pessimistic about the press being helpful in promoting critical thinking. She began by telling the story of the Tichbourne Claimant. In 1854, Roger Tichbourne was lost at sea off the coast of Brazil. He had been raised in France to the age of 16, then in England. He was very thin, and had blue eyes and tattoos. His mother refused to accept that he was dead, and placed ads in newspapers seeking him. Some 20 years later, a man from Wagga Wagga, Australia contacted her, claiming that he had not previously contacted her because he wanted to achieve success on his own accord, under the name “Mr. Castro,” but had failed to do so. This man, the Tichbourne Claimant, was obese, spoke no French, had no tattoos, had brown eyes, and was an inch taller than Roger Tichbourne, yet she accepted him as the genuine article. According to Begley, the role of the newspaper is not to educate. In the early years of the AIDS crisis, public health officials asked for the press to run informative stories, and they complied, but this was not helpful because: The scientific ignorance of the American public.The capacity for rational thnking is not identical to the disposition to employ rational thinking.There is a disconnect between factual knowledge and belief, as exhibited in the case of Mrs. Tichbourne.Public attitudes towards the press are negative.The press has a commitment to “balance."Common sense is not common.She gave some statistics on polls of Americans’ agreement or disagreement with the statement that “Human beings as we know them developed from earlier species of animals”: 1985: 45% agreed, 48% disagreed, 7% unsure. 2005: 40% agreed, 39% disagreed, 21% unsure. By comparison the percentage of agreement in Iceland, Denmark, and Sweden was over 80%; of OECD nations only Turkey had a lower percentage of acceptance than the U.S. Evolution, gay marriage, and abortion are all highly politicized in the U.S. in a way that they aren’t in Europe or Japan. But if the question was “Can natural selection explain appearance and change over time of animals,” 78% of Americans agreed. Yet 62% agree that “God created humans as they are today.” This, according to Begley, is because Americans have a view of human exceptionalism. She went through a list of facts that are beyond dispute, which were presented to Americans for acceptance or denial. Two examples: More than half of all genes in humans are identical to those in mice. 33% agree More than half of all genes in humans are identical to those in chimps. 38% agree Only 9% of Americans know what a molecule is. Because of this, while sports writers can use abbreviations such as ERA and RBI without explaining them, Begley says she cannot assume her readers know anything at all, and recently learned that she can’t even refer to DNA and expect her readers to know what she’s talking about. She observed that a disposition to critical thinking is associated with being more curious, open-minded, open to new experiences, conscientiousness, being less dogmatic, less close-minded, less authoritarian, and likely to rely more on epirical and rational data than on intution and emotion when weighing information and reaching conclusions. But you have to both have the skills and want to think critically in order to apply them. In addition to Tichbourne as an example of someone who had the skills but didn’t want to apply them, she noted that Sir Arthur Conan Doyle’s son was killed two weeks before the end of WWI, and he went to a medium who claimed to contact his son, which he very much wanted to believe. Alfred Russell Wallace, who formulated evolution by natural selection parallel to Darwin, was also a believer in ghosts, levitation, spirit photography, and clairvoyance. And she noted that a statement Penn Jillette made the previous day sounded like he was rejecting climate change on the basis of a dislike for Al Gore. (UPDATE, July 4, 2008: Sharon Begley wrote about this at the Newsweek blog, and Penn Jillette responded in the Los Angeles Times. I think Penn more accurately reports what happened than Sharon Begley did–he really did say that he didn’t know, and that people he knows and considers reliable tell him that anthropogenic climate change is real. One thing Penn gets wrong is that Teller didn’t mention Gore’s name when he said that carbon credits are “bullshit modeled on indulgences.”) She commented on some of the negative letters she has received any time she writes about evolution or critically about claims like alien abductions. When she wrote an article for the Wall Street Journal about the discovery of Tiktaalik, she received several letters which she read excerpts of, three examples of which were the standard argument that “evolution requires more faith” than believing that God did it, a letter asking “where are the billions of ’transition fossils,’” and one asking, “if you are terminal will you call on Darwin or God?" Don’t count on the press The “reality-based community” must contend with contrarian politicians, the masses’ distrust of elites, and new sources of news. With regard to the last point, she pointed out that Googling evolutionary biology terms often brings up Answers in Genesis sites prior to sites with accurate information. The journalistic conceit of objectivity, she said, is imported from political disputes where there are two contrary sides. (I actually think that notion of balance is as often mistaken in politics as it is in science–there may only be one side with any valid support, or there may be more than two sides deserving of representation, though the latter is more common in politics than in science. But dualism is a misrepresentation in both circumstances.) Uncommon common sense Begley made the following points, which had some overlap with Shermer’s talk: Evolution is not intuitive.Common sense can mislead us about the physical world.Our brains are driven to see patterns.We have a habit of imputing consciousness to inanimate objects.Someone is staring at me from behind. (People tend to have and respond to such feelings. I can’t remember if she actually discussed Rupert Sheldrake’s studies of this, or of the skeptical critiques by Robert Baker or Richard Wiseman.) She gave the example of an experiment with a sweater at Bristol University. Students were shown a ratty old sweater and asked who would be willing to put it on in return for a payment of twenty British pounds. Most indicated a willingness to do so. But if they were then told, oh, by the way, this sweater belonged to a murderer, many of the hands would go down–as though evil were a property that contaminated the object. What she didn’t mention is that similarly, the value of something associated with someone of status has the reverse effect–e.g., if the sweater were claimed to belong to Einstein. The effect of status on objects is one that is clearly prevalent even among skeptics, who are as likely as anyone to enjoy collecting autographs and memorabilia, or objects like ping pong balls used on a television show (see Adam Savage’s talk, below). Derek and Swoopy Derek and Swoopy, the hosts of the official Skeptics Society podcast, “Skepticality,” gave a short talk about their show and noted that they now have about 35,000 listeners per program, and that the top two skeptics’ podcasts, “Skepticality” and “The Skeptics Guide to the Universe,” have over 4 million downloads between them. They reported that after some successful skeptical panels at science fiction conventions, Dragon*Con 2008 in Atlanta this Labor Day weekend, a conference so large that it occurs at four hotels, will have four full days of skeptical content, a “Skeptrack” featuring James Randi, Michael Shermer, Phil Plait, Ben Radford, Alison Smith, George Hrab, and others. Steven Novella Dr. Novella gave a talk on “Dualism and Creationism” covering the history of dualism in philosophy of mind, evidence from neuroscience, and a discussion of modern dualism. In his discussion of dualism in philosophy, he attributed to Descartes a notion of computation occurring in the brain and a position he called “consciousness dualism.” I think perhaps that gives Descartes too much credit, though he did think that “animal spirits” flowing in the brain caused signals from perception to be projected on the surface of the pineal gland, which was the seat of the soul and consciousness. He referred to the advocacy of property dualism/epiphenomenalism by David Chalmers, and observed that his views would not be acceptable to most of those who advocate dualism. Chalmers’s position is that most mental activity is physical brain activity, but there’s a remaining hard problem of consciousness posed by the conscious properties of perception and feeling known as qualia, which distinguish unconscious zombies that could behave just like us from real people. He gave Deepak Chopra as an example of an individual who is essentially a denialist about contemporary neuroscience, an anti-materialist who supports “quantum woo,” Eastern mysticism, and what he called “substrate consciousness,” a feature of the universe itself. Evidence from neuroscience Novella gave the following points to summarize the evidence from neuroscience: Brain anatomy and activity correlates with mental activity.There is no mind without the brain.Brain development correlates with mental development.If you damage the brain, you damage the mind.Different states of consciousness correlate with different brain states.Turn off the brain and you turn off the mind.The mind does not survive the death of the brain.MEG (magnetoencephalography) can be used to provoke specific mental effects, including inducing out-of-body experiences at will.My notes on the last point suggest that Novella said that MEG could be used to induce OBEs. There were a couple of recent studies about two different methods for inducing OBEs, but I don’t recall either of them using magnetic induction (e.g., this 2007 Science paper). I’m skeptical of Michael Persinger’s claims of magnetic induction of religious experiences (also see this 2004 Nature article). We’re in the process of reverse-engineering the brain, and the materialist model of consciousness is working pretty well. The elements of consciousness are increasingly identifiable and localizable, and our ability to reconstruct them in artificial intelligence will be the ultimate test. Novella defined consciousness as the moment-to-moment functions of the brain, when it is processing information reflectively, and presenting it to the part of the brain that is paying attention. (Is it really commonly accepted that attention is localized to a particular part of the brain?) We are trying to assess our consciousness with our consciousness. The vitalism analogy Novella stated, referencing Daniel Dennett, that just as life is an emergent property of living things, consciousness is the sum of the easy problems about consciousness, leaving no remaining residue of a hard problem, just as there is no elan vital for biology. Egnorance Novella then talked about neurosurgeon Michael Egnor, who he said makes the mistake of confusing the question of “does” with “how.” That is, because we don’t know the details of how consciousness is physically generated, it must not be the case. He compared this to the “God of the gaps” argument–whatever is currently unexplained must be caused by something supernatural. Defenses of dualism Novella then went through a few rhetorical strategies used to defend dualism. One is that any day now, evolution (or materialism) will collapse. But they’ve been saying this in the evolution case for 100 years. (Glenn Morton has a nice article titled “The Imminent Demise of Evolution: The Longest Running Falsehood in Creationism," which offers 178 years of such quotes.) Another is to generate false controversy, and say that until the argument is resolved, it’s legitimate to accept dualism. Then there’s the claim of impending acceptance, the converse of the imminent demise argument–that Deepak Chopra’s views are about to be accepted by the entire world, for example. The need to change science–Novella said that B. Alan Wallace, a Buddhist, has argued that we need to reintroduce subjective evidence into science. Novella suggested that subjective evidence can’t be scientific evidence, which I think is a slight overstatement–a self report is a valid source of data, we just need to have a way to correlate those self reports with other evidence. In his conclusion, Novella stated that the purpose of modern Cartesian dualism is to provide intellectual cover for a belief system–presumably including various religious views about immortality as well as Deepak Chopra’s views. It’s worth noting that Keith Augustine of the Internet Infidels has done a lot of work presenting the evidence against survival of death and the possibility of immortality, as well as critical of claims that near-death experiences are evidence of survival. He has recently published a four-part series of articles in the Journal of Near-Death Studies on the subject, which have been accompanied by responses from NDE researchers. He is also working on an anthology which will respond to recent arguments for dualism. I urge Novella to contact Augustine, as he might have some contribution to make to that anthology. Jeff Wagg Jeff Wagg of JREF stated that there is a possibility of a future TAM in the UK, and that TAM7 will be in Las Vegas on July 9-12, 2009 at the South Point Casino. There will also be a JREF Mexican Riviera cruise in March, 2009, which still is looking for speakers. Jim Underdown Jim Underdown of the Center for Inquiry, Los Angeles reported that the Independent Investigations Group, a skeptical group that does paranormal investigations, would be giving an award for best TV show or movie that debunks pseudoscience to Penn & Teller’s Bullshit!, and a lifetime achievement award to James Randi. Randi came up and said that some years ago he had terminated his relationship with CSICOP because they had asked him to stop going after Uri Geller, who was suing him repeatedly (and had also sued CSICOP as a result). Randi said that Geller only won once, in the Japan case, where the judgment was lowered from slander to insult, and that while Geller was suing for millions he was only awarded a small amount. The amount was 500,000 yen against Randi, and a larger amount against the Japanese magazine which reported Randi’s erroneous statement that Dr. Wilbur Franklin of Kent State University had killed himself after Randi discredited Geller, who Franklin had endorsed as genuine. Franklin had actually died of natural causes, and Randi attributed the Japanese magazine statement to a mistranslation of the phrase “shot himself in the foot,” though Randi had been quoted in a U.S. publication in English making the same statement about Franklin killing himself out of embarrassment over Geller’s exposure. Geller also won a case in Hungary for a statement by Randi that called Geller a swindler, though Randi was not named in that suit. After Geller sued Victor Stenger in Hawaii, CSICOP and Prometheus in England, and CSICOP and Prometheus in Miami, Prometheus Books added errata slips to Stenger’s Physics and Psychics and to Randi’s The Truth About Uri Geller regarding an incident where Geller was sued in Israel for breach of contract and not, as those two sources stated (Stenger relying upon Randi), “arrested.” The Miami suit was eventually won by Prometheus and CSICOP on the grounds that Geller had knowingly filed after the statute of limitations had expired, and Geller paid them slightly less than half of the fees, costs and sanctions that were originally awarded and dismissed his appeal. Contrary to the impression Randi has sometimes given, the vast majority of Geller’s lawsuits were not about paranormal abilities, but about accusations of other kinds of impropriety, such as fraud, criminal acts, plagiarism, and so forth. Geller gives his version of events on his web page. Now, apparently as a result of this award, Randi said he would like to forgive and forget, and resume his relationship with CSICOP (now CSI). The Skeptologists During lunch was a showing of the full pilot episode of “The Skeptologists,” which also included a segment on the tools used for ghost hunting, testing them aboard the Queen Mary in order to see what they actually measure. I missed all but the ending, but it was shown again on Sunday, about which more later. There were several more speakers on Saturday–Phil Plait, Adam Savage, Matthew Chapman, Richard Wiseman, and a panel discussion ostensibly on “the limits of skepticism,” but I’ll save that for further summary tomorrow. On to TAM6 summary, part four.

June 30, 2008 · 18 min

"Expelled" producers win round one on "Imagine" lawsuit

In a decision issued today, the judge in the case of Yoko Ono against Premise Media ruled against Ono’s motion for an injunction against the film, on the grounds that Premise Media and its attorneys at the Stanford Fair Use Project were likely to prevail on a fair use defense. So “Expelled” will be able to be released in Canada with its excerpting of “Imagine” intact. This is an outcome I suggested would occur, and hoped for, despite the dishonesty of the defendants in this case. It remains to be seen if Ono will continue with the lawsuit and potentially set a useful precedent for copyright law. (Via Pharyngula.)

June 3, 2008 · 1 min

Major League Baseball misuse of IP law

I saw on The Colbert Report that Major League Baseball is telling Little League teams that they can’t use the names of MLB teams unless they purchase their uniforms from MLB-authorized licensees. Nonsense–a Little League team called the A’s or the Twins or the Mariners is in no danger of confusion with the MLB team, so there’s no infringement. Techdirt reports on this issue, and also that MLB is also still trying to claim ownership over game statistics, even though facts cannot be copyrighted. Little League teams should tell MLB to take a hike. UPDATE (June 2, 2008): The Supreme Court denied cert on MLB’s lawsuit against C.B.C. Distribution and Marketing for its use of the names of MLB players and statistics for fantasy baseball, without a license from MLB. The court of appeals in St. Louis had already ruled that C.B.C. has a free speech right to use player names and statistics, which have previously been regarded as facts not subject to copyright. Some have worried that this ruling will endanger licensing arrangements regarding the use of celebrity names, but cases that involve an endorsement of a product seem to me to be clearly distinguishable from this case.

May 31, 2008 · 1 min

MediaDefender launches denial of service attack against Revision3

Anti-piracy company MediaDefender, which defends its clients’ intellectual property by disrupting the content on peer-to-peer networks, launched a denial of service attack (SYN flood) against Revision3 over Memorial Day weekend. The attack was launched after Revision3 discovered that their servers were being used by MediaDefender to post spoofed BitTorrent index files and Revision3 shut off their access. Revision3, a legitimate company that distributes HD video over the Internet using BitTorrent, was not amused, and the FBI is investigating. Any legitimate Internet provider should refuse to provide services to companies that engage in illegal or immoral tactics to try to stop peer-to-peer piracy of copyrighted content, such as denial of service attacks or interference with services that are being used legitimately, even if they are also being used for piracy. If they don’t have methods which can be targeted specifically against the copyrighted content they are authorized to protect, then their methods cross the line, in my opinion. MediaDefender’s upstream network providers are Savvis (ASN 3561), Beyond the Network (ASN 3491), WV Fiber (ASN 19151), and SingTel (ASN 7473). They all should have a problem with denial of service attacks by their customer. MediaDefender was previously in the news in September 2007 when its security was breached by hackers and 700 MB of executive emails and the content of VoIP telephone calls from the company were leaked to the Internet. This seems to me like a company that should not be in business. ...

May 30, 2008 · 2 min

YouTube's double standard on Scientology

A couple weeks ago, YouTube removed Mark Bunker’s xenutv1 account on the grounds that his previous account, xenutv, had contained copyright infringements and thus violated YouTube’s terms of service–even though his xenutv1 account did not. This caused a video interview of actor Jason Beghe, who recently left Scientology, to be temporarily unavailable. YouTube has also removed an account that the Church of Scientology was using to attack its Anonymous critics, anonymousfacts, for terms of service violations because it personally identified some individuals and referred to them as “terrorists." But now that Scientology is paying for an account (and for ads on YouTube), it’s being allowed to stay. (Hat tip to Bob Hagen.)

May 2, 2008 · 1 min

Even more "Expelled" copyright infringement and deception

The Atheist Blogger points out that “Expelled” is violating the license terms on the blog theme used at their blog. A commenter at The Playlist blog points out that while they did indeed purchase a license to use The Killers’ song “All These Things That I’ve Done,” they did so in a deceptive way. Here’s how they described the film that they wanted the license for: The film is a satirical documentary with an estimated running time of 1 hour and 50 minutes, exploring academic freedom in public schools and government institutions with actor, comedian, economist, Ben Stein as the spokesperson.No mention of intelligent design or evolution. That’s a similar tactic to the deception they used to get some of the interviews in the film.

April 18, 2008 · 1 min

New "Expelled" cell footage clip on YouTube

On April 15, “getexpelled,” a user which has been posting the official clips from the movie “Expelled,” posted new animation footage of the operations of the cell which is clearly not derived from XVIVO’s footage. (ERV refers to this footage as a “toddler animation” and “a shitty Las-Vegas-Meets-TeleTubbies ‘Inner Life’”.) I suspect they already took action to put this new footage into the film that will come out tomorrow instead of the animation which they copied from XVIVO, which means that they have already complied with that demand from XVIVO’s infringement letter. That also means that their lawsuit for a declaratory judgment in Texas is really an argument that this new footage is not infringing, which they’ll probably win–this footage is not infringing. But it also means that, yet again, they’ve been thoroughly deceptive in how they operate, and have implicitly admitted that they were, in fact, infringing XVIVO’s copyright in the footage that they showed in the early screenings. That’s probably not worth the effort for XVIVO to sue them over. But it’s definitely worth pointing out. UPDATE (April 22, 2008): Apparently the XVIVO-infringing animation is still in the released film, after all. ...

April 17, 2008 · 2 min

"Expelled" uses sample from "Imagine" without permission

The copyright infringment continues–it seems that “Expelled” makes use of about 25 seconds of John Lennon’s song “Imagine,” but permission was neither sought nor granted for its use: In a written statement, the film’s three producers – Walt Ruloff, John Sullivan and Logan Craft – acknowledged that they did not seek permission, but they called the use “momentary.” “After seeking the opinion of legal counsel it was seen as a First Amendment issue and protected under the fair use doctrine of free speech,” the statement said. A spokeswoman said under 25 seconds of the song are used in the movie.Now this is actually an instance where I agree with “Expelled”’s producers–this should fall within fair use guidelines. The courts, however, have already ruled otherwise. (UPDATE: Not quite accurate, see correction below.) In 2005, the 6th Circuit Court of Appeals ruled in Bridgeport Music, Inc. v. Dimension Films that even a 1.5-second sample requires a license. I’d be happy to see a lawsuit on this issue result in that ruling being overturned. I’ve previously written about the danger of such erosion of fair use to the creation of new music in one of this blog’s more popular posts. The link at the end of that post about “Amen Brother” is well worth your time. (Also related is this film in which fair-use samples from Disney films are used to make Disney characters explain current U.S. copyright law.) UPDATE (April 18, 2008): Russell Blackford argues that “Expelled”’s use of “Imagine” is to make comment on the content of the song, and makes a moral case for the legitimacy of its use. I agree with his argument–the use of a sample of the song to make comment on it enhances the case for “fair use,” but I think it should have met fair use guidelines even without that. UPDATE (April 23, 2008): As commenter lquilter points out below, the Bridgeport case did not say quite what I said above–it doesn’t eliminate fair use as a defense to a use of small samples, it eliminates the argument that sampling is using so little of the original material that no copyright applies. The result is that a lengthier court proceeding is required to fight for such use. “Expelled”’s makers are now being sued over the use of “Imagine." I don’t feel bad for them, but I think they should win their case. This probably guarantees that the film will not make a profit from its theatrical run, after deducting legal expenses. UPDATE (May 1, 2008): The Stanford Law School’s Fair Use Project has signed on to defend “Expelled” against the Ono Lennon lawsuit. Good for them, I hope they win this one. It shouldn’t be difficult. UPDATE (May 2, 2008): P.Z. Myers points out distortions in “Expelled”’s press release about the their defense in the “Imagine” lawsuit. Even in the rare case when I agree with them (their fair use defense here), they still have to throw in a distortion or two to show that they are sleazy, I guess. (I disagree with Myers’ assertion that there is no commentary on the song; see Russell Blackford’s analysis, linked to above.) Perhaps the strongest argument against “Expelled” in this case is that they sought licenses for other songs they used, but did not even attempt to get permission for “Imagine,” as pointed out by Laura Quilter (who has also commented here). UPDATE (May 5, 2008): The judge in the case has enjoined “Expelled” from any further distribution or DVD release, though they can continue showing the film in the theaters where it’s already playing (currently down to 655 theaters). UPDATE (May 9, 2008): And now down to 402 theaters. UPDATE (June 2, 2008): The judge has ruled against Yoko Ono’s motion for a permanent injunction against “Expelled” on the grounds that the defendants are likely to prevail. ...

April 17, 2008 · 4 min

The official "Expelled" paternity test

The folks at XVIVO have argued that “Expelled” has engaged in copyright infringement by directly copying from their film, “The Inner Life of the Cell.” The “Expelled” producers have responded by claiming that they constructed their film based on original research: However, the latest claim concerning the copyright status of our proprietary animation is so ridiculous, bogus and misinformed that we must respond. Premise Media invested significant time and money into the research and original creation of the animation used in our film to illustrate cellular activity. Our own team of experts created the highest quality of animation that is available. In fact, the animation we use in the theatrical release of our movie is only a small portion of the animation we have created and plan to use in future projects.Darwin Central has proposed a paternity test in the form of a series of image comparisons. On the left hand side, images from a variety of sources showing a particular process in the cell that is depicted by “The Inner Life of the Cell.” On the right hand side, a comparison image from the “Expelled” segment at issue. Surely, if the “Expelled” producers are correct, there should be no reason to find any special similarity between the image on the left that comes from XVIVO’s film and the image that comes from “Expelled” versus any of the other images on the left. See for yourself. It also appears that other parts of “Expelled”’s animations have been taken from other sources, to which John Wilkins has a connection! Yet Premise Media is suing XVIVO, seeking a declaratory judgment in Texas! This sounds like venue shopping or “forum shopping," since XVIVO is in Massachusetts. UPDATE: ERV has a copy of the complaint and a summary. She also includes a new video, that she speculates has replaced the XVIVO-copied video in the final film. UPDATE (April 19, 2008): The footage copied from XVIVO was apparently removed from the film before yesterday’s public release. ...

April 16, 2008 · 2 min
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