Means Tests for Copyright Registration

Via Tim Bray via Sam Ruby, the Copyright Office asks whether a public entity should even consider writing vendor-specific markup.

At this point in the process of developing the Copyright Office’s system for online preregistration, it is not entirely clear whether the system will be compatible with web browsers other than Microsoft Internet Explorer versions 5.1 and higher. Filers of preregistration applications will be able to employ these Internet Explorer browsers successfully. Support for Netscape 7.2, Firefox 1.0.3, and Mozilla 1.7.7 is planned but will not be available when preregistration goes into effect. Present users of these browsers may experience problems when filing claims.

In order to ensure that preregistration can be implemented in a smoothly functioning and timely manner, the Office now seeks comments that will assist it in determining whether any eligible parties will be prevented from preregistering a claim due to browser requirements of the preregistration system. Therefore, this notice seeks information whether any potential preregistration filers would have difficulties using Internet Explorer (version 5.1 or higher) to file preregistration claims, and if so, why.

Needs Improvement: Consumer Reports on SBC Yahoo!

Consumer Reports this month published their comparison of Internet Service Providers. The ratings are based on responses from Consumer Reports subscribers who completed an online survey, and may not be representative of the U.S. population. However, the results were disappointing.

Most customers were generally satisified with the service, though they rated the speed and reliability as . But they were not happy with our technical support: we were . The only provider who had a lower support rating than ours was AOL. Cox, TimeWarner’s RoadRunner, and Cablevision’s Optimum Online were all rated .

So Consumer Reports recommends that customers choose cable, because of faster speed, and the overall generally better customer satisfaction. But if you’re price-sensitive, or, as they say, value-conscious, then they recommend DSL, from either SBC Yahoo! or Verizon.

Neither provider … yielded the high satisfaction scores with service reliability and tech support of the better cable companies. However, both were reliable enough. Verizon’s tech support was more satisfactory than that of SBC Yahoo.

This is unacceptable.

Apple Meets Big Apple

The New York Times reports that there may be some architectural issues with a proposed Apple store on lower Fifth Avenue.

Plunked amid a phalanx of ornate buildings on Fifth Avenue – structures with classic Greek columns, cast-iron arches, filigreed cresting and intricate friezes – is a two-story stub of a building that has preservationists gnashing their teeth at the Apple Computer Company.

The preservationists do not particularly want the decidedly unremarkable, 3,550-square-foot building at 136 Fifth Avenue, between 18th and 19th Streets, to be preserved. They are not demanding that its proposed replacement mirror the florid style of its environs.

But if Apple hopes to get its plans for a retail store approved by the city’s Landmarks Preservation Commission, the preservationists at least want the building to bear some of the architectural basics of its neighbors. Plans for the site, in the Ladies’ Mile Historic District, are subject to commission approval.

The architect, Karl A. Backus, is with Bohlin Cywinski Jackson. Their site messes with deep links, like this one to the description of the Apple Store SoHo, whose facade you can see here.

The feedback from Community Board 5 is great. Art needs constraints. Do you recall the story of the dot and the line?

Hit the Road, Jack

On June 3rd, Viacom, the owner of WCBS 101.1 FM in New York City, bought an iPod Shuffle, changed that station’s format, and fired all the disc jockeys. What was formerly New York’s favorite oldies station is now JACK-FM. The oldies are still available online, but what made WCBS-FM great were the characters. And they’ve gone to the stars.

The basic format is simple. Take a large music library, set iTunes to shuffle, and play advertisements every 14 minutes. I think the format, also used by Philadelphia’s 95.7 BEN, is a vast improvement over your typical payola-driven radio station. The playlist is eclectic enough to not bore. But it fails in two respects: the jackass interrupts the music every other song to pretend to be human, and the lack of character.

In other words, it serves for those occasions when you’ve forgotten your iPod, and don’t have an alternative.

Update: They seem to have forgotten that they don’t have to repeat their playlist every 12 hours.

Great Expectations

The New York Times noticed that the Disney theme parks are not meeting expectations. Of course they aren’t. The Quickie-Marts in Kissimmee are starting new employees at $8.00 per hour, while the parks are starting under $7.00 per hour:The free passes aren’t enough to make up the difference. And then there’s the morale problem.

My expectations are still high. They were set in 1994 when I visited Walt Disney World for the first time. All the other theme and amusement parks paled in comparison. Sure, if you’re just going for the rides, and don’t mind a bit of litter or an extended wait under the burning sun, then you’ll love Universal or Six Flags. I don’t know if the kids notice anything other than the rides, but they are just as happy on the swing set in the back yard, or running through a sprinker.

But I notice the details. And when the toilet in our room doesn’t flush, or there’s trash on Main Street, or the cashier at Cosmic Ray’s Starlight Café is snippy, then I can no longer suspend my disbelief. I’m disillusioned. Expectation failed.

Whose Line Is It, Anyway?

Rebecca Blood points to a Chronicle of Higher Education article on orphaned works. There’s a great deal of cost involved in finding the authors of many works, 22% of works in one case.

Five years ago Carnegie Mellon University’s library studied a sample of about 270 items from its holdings; librarians could not find the owners of 22 percent of the works.

With the 1976 Copyright Act, the law changed to grant copyright on creation of the work, rather than on the registration of the work with the Library of Congress. (Good thing, too, because it would be a pain to register every single paragraph post of a weblog, though I could register this as a never-ending compilation.) A side effect of this is that the authors of unregistered works, even of attributed works like this one, may not be so easy to find, and the works would be orphaned — abandoned children as it were.

Like any other abandoned properties, what should happen with these?

Edge Cases

One of the considerations with the location of a house is which school district it is in. In some states, determining the school district is easy: it’s coterminous with the political unit, such as the city or county. In New York, it’s not so simple. However the question is rather important, as which school district your property is in can have a significant impact not just on your child’s education, but on the value of the property and your tax burden.

A development down Tarrytown way was built right on the edge of the Pocantico Hills and Tarrytowns districts. The families who bought homes in this development have sued to send their children to the Pocantico Hills school. It looks like they won’t be, as you can see in either the Journal-News article below, or in the appellate division’s verbose opinion.

Continue reading →

I’m Suffering from Externalities!

I spent the majority of today installing an enterprise-class document management system’s client. Now, I get a request to file my request for x electronically.

This is just too funny. To understand, you need to know that the request form is a Word document, and that the previous procedure required us to fill out the form in Word, print the form, sign it, fax the form to the recipient, snail-mail the form to the recipient, and e-mail the unsigned form to the recipient and to our supervisor.

Good thing I still have the original.

The Buddhist Discovery of Fusang

John Lienhard, in his essay Fusang, talks about the Chinese discovery of the Americas.

The Chinese were very isolationist, 1500 years ago. China thought the outside world was benighted and uninteresting — to be avoided and sealed off, not sought out. But a newer breed of Chinese Buddhists had a different view. Their business was to go out and convert all lands to Buddhism.

In AD 499, a Buddhist missionary, Hoei-Shin, came back from a long voyage and told of a strange people in a strange land — 20,000 Chinese miles to the east. That would’ve put him right on the west coast of Mexico.

That reminded me Kim Stanley Robinson’s speculation, in The Years of Rice and Salt, about the Yongli emperor’s treasure fleet’s being blown across the Pacific to find Mexico, and about a similarly speculative book, 1421: The Year China Discovered the World, which I had put on my wishlist. I think I’d like to read a less speculative history, When China Ruled the Seas: The Treasure Fleet of the Dragon Throne, 1405-1433, but, for this week, the National Geographic will have to do.

Homes Passed Over

I have to wonder in what world industry analysts live. The Milwaukee Journal-Sentinel article on broadband prices’ dropping to dial-up levels discusses the End of Internet Access as We Know It:

“At some point, we may see dialup disappear – in three to five years,” said Lisa Pierce, a vice president at Forrester Research who specializes in the U.S. telecommunications industry.

Um, availability, anyone?

In the general case, it would seem that Ms. Pierce could be right. The cost of broadband Internet access is dropping. This will impact the number of customers who are using dial access, as the two services substitute for each other. However, she neglects the availability of various forms of Internet access, and the effect of sparse access on prices, which causes her prediction to fail in the specific case.

For example, Alice has broadband access available, but only over CATV. Because there is no DSL or fiber service to her address, and because satellite Internet access is even more expensive, there is no pressure for her local cable franchisee to reduce their price for Internet access. This may keep her on dial until the franchisee feels the competitive pain. Similiarly, her brother Bob and her other brother Bob, live in Middle-of-Nowhere and an Outer Borough, respectively, and so no broadband option will be available until the rural telephone cooperative on the one hand, and the municipal power company on the other, find the funds to provide access.

Meanwhile, the plain old telephone system is everywhere.

Nice Kid

We should have such children!

And 17 years later I did go to college. But I naively chose a college that was almost as expensive as Stanford, and all of my working-class parents’ savings were being spent on my college tuition. After six months, I couldn’t see the value in it. I had no idea what I wanted to do with my life and no idea how college was going to help me figure it out. And here I was spending all of the money my parents had saved their entire life. So I decided to drop out and trust that it would all work out OK. It was pretty scary at the time, but looking back it was one of the best decisions I ever made. The minute I dropped out I could stop taking the required classes that didn’t interest me, and begin dropping in on the ones that looked interesting. [emphasis mine]

That’s Steve Jobs, in his 2005 commencement address at Stanford University [via Ernie].

Legislation Repugnant to the Constitution

Via Ernie the Attorney we find that the Congresscritters have the mistaken impression that they are there to do something. In the instant case, it’s H. R. 3073, a bill to rid Congress of that pesky Supreme Court, in which the House proposes that,

The Congress may, if two thirds of each House agree, reverse a judgment of the United States Supreme Court

IANAL, but it seems to me that this bill is on its face unconstitutional. The Constitution established the Supreme Court, and bounded its jurisdiction. If anything other than a blatant disregard for precedent gives Congress the power to reverse the Court, it is a tortured reading of Article 3, Section 2, Clause 2, and whether the Court would have original or appellate jurisdiction.

Ernie thinks this bill has no chance of passing, but I marvel at the arrogance of those who would propose it.

It is a proposition too plain to be contested, that the constitution controls any legislative act repugnant to it; or that the legislature may alter the constitution by an ordinary act.

You Are My Density

Joe Gregorio‘s post, A World Made of (Well-Designed) Cities, points to two interesting pieces: Tim O’Reilly’s reprint of a Stewart Brand lecture on urbanization, and a Lincoln Institute of Land Policy presentation, Visualizing Density (which he found by way of WorldChanging). The latter in particular is welcome. We can talk or write about the built environment all we want, but words can only give you an cerebral impression of a place. In order to understand the more visceral effects of the environment, photographs or visiting the site are necessary. Since we can’t all travel as widely as we would like, the photographs will have to do.

“Visualizing Density” begins with this introduction.

But, as anyone who has tried to build compact development recently will tell you, if there’s one thing Americans hate more than sprawl, it’s density. This is evident in the public planning process as regulations are written and projects are reviewed. Across the country, efforts to increase density have met with stiff resistance. One reason people reject density is that they don’t know much about it—what it looks like, how to build it, or whether it’s something they can call home.

That’s because density, qua density, is not a viable goal. Density may be a necessary condition for something else desired, such as walkable neighborhoods, but by itself is meaningless. When a planner speaks of density, we, the public, hear only that there will be too many others too close to us. Those values, “too many” and “too close,” vary from person to person. For some, too close is sharing an apartment; for others, it is having neighbors closer than the next ridge: Ma and Pa Ingalls left the Big Woods because it was getting too crowded.

Population density is relevant only in context. Consider the tiger or Wal-Mart in its environment. Each depends on a sufficient population within a given area to survive, but the area ranges in size.