Jan 31

Last time I checked it was my understanding that the right to seize property from citizens via eminent domain required that the end result be for public use. For example, a new public highway, a new public park, etc…

Well, it seems that the city of New London, CT has decided to use eminent domain to condem several historical houses and buildings. And what for you ask? Why luxury hotels, condominiums and office space of course. Yeah, that sounds like its for public use! And this benefits tax payers how?

Sorry New London, CT, this is just plain wrong. Worse yet, it smacks of evil. Why don’t you tear down city hall instead of peoples homes. This is a clear abuse of eminent domian.

For the record, here is what the 5th Ammendment says:

“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

There does not appear to be anything in that statement that implies it is ok to seize private property for the use of private industry.

Jan 31

Jan 28

As the world shifts to an era of greater security, the people’s paranoia seems to be diving off into the deep end. In a masterful move of pure genious, a site-operator at British Telecom decided that a user, who was making a Tsunami releaf donation using the Lynx web browser, was a hacker. His reason: simply the fact that the user was using a non-standard browser. Um, ok. So if I use anything other than MSIE or FireFox I’m a hacker? Wow, what an astounding sense of logic this site-operator has. I better shut down that copy of Konqueror running on my non-standard Linux operating system before I get caught!

Jan 14

Bill Gates is in damage control mode

Jan 7

Bill Gates is just like George Bush: they should not let the man talk. Mr. Gates seems to have learned how to shoot his mouth off from M$ CEO Steve Ballmer. First I’m a music thief, now I’m a communist. In a recent interview with c|net’s News.com Mr Gates had the following to say:

“No, I’d say that of the world’s economies, there’s more that believe in intellectual property today than ever. There are fewer communists in the world today than there were. There are some new modern-day sort of communists who want to get rid of the incentive for musicians and moviemakers and software makers under various guises. They don’t think that those incentives should exist.”

He is referring to people, such as myself, who believe in Free Culture, Open Source, and Creative Commons. He is rather inacurrate in his statement that we are communists. I myself am far from a communist. My political stance is that of a libertarian; I believe first and foremost in individual liberties. And I believe that it is important to keep a careful balance between intellectual property rights and individual fair use rights. This is far from the standpoint of the communist nations that exist today. None of them are interested in consumer freedoms.

The problem with IP extremists like Mr. Gates is that they believe that every idea must be strictly controled. And in the digital world this kind of control becomes possible. But just because it is possible does not make it moral, ethical, or right. The founders of our nation were very careful when writing the original copyright and patent laws. They specifically designed them to contain the balance between intellectual property protections and fair use. This balance has slowly been eroded away by IP Extremists. I simply believe we should put that balance back in. I do not believe we should completely get rid of IP protections. These thoughts do not make me, or anyone who shares my opinions, a communist. And I think Thomas Jefferson would agree:

“If nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power called an idea, which an individual may exclusively possess as long as he keeps it to himself; but the moment it is divulged, it forces itself into the possession of everyone, and the receiver cannot dispossess himself of it. Its peculiar character, too, is that no one possesses the less, because every other possesses the whole of it. He who receives an idea from me, receives instruction himself without lessening mine; as he who lites his taper at mine, receives light without darkening me. That ideas should freely spread from one to another over the globe, for the moral and mutual instruction of man, and improvement of his condition, seems to have been peculiarly and benevolently designed by nature, when she made them, like fire, expansible over all space, without lessening their density at any point, and like the air in which we breathe, move, and have our physical being, incapable of confinement, or exclusive appropriation. Inventions then cannot, in nature, be a subject of property.”

Funny, I don’t hear anyone calling Thomas Jefferson a communist…

Here’s a few of the things I think could be changed to return balance to intellectual property law.

  • Require registration for copyright protection, just like the original copyright law did.
  • Do not allow copyright terms to go any longer than the authors lifetime. Currently, copyright lasts for the lifetime of the author plus 70 years. Copyright law was originally intended to encourage new works by offering a temporary monopoly on the author’s work to the author. A dead author no longer requires an incentive to create new works.
  • Do away with software patents, or lower the time allowed for a software patent to 1-2 years. Current patents currently exist for 20 years. Computers and computer software changes far to quickly for this to be a reasonable time limit. Software changes quickly, with new innovations happening every couple of years. Software patents are dangerous to both proprietary and open source software.

These are just a few of the ideas that I agree with. They hardly sound like communist ideas. Mr Gates seems to show his lack of intelligence by calling people such as myself communists. How disappointing…

Dec 22

Thomas Jefferson wrote this after the passage of the Sedition Act in 1798… “A little patience and we shall see the reign of witches pass over, their spells dissolve, and the people, recovering their true sight, restore their government to its true principles. It is true that in the meantime we are suffering deeply in spirit, and incurring the horrors of a war and long oppressions of enormous public debt… If the game runs sometimes against us at home we must have patience till luck turns, and then we shall have an opportunity of winning back the principles we have lost, for this is a game where principles are at stake.”

Something to ponder in our own time as we become subject to such things as the Patriot Act.

Dec 10

Ok, I can understand why Christians would be greatly offended by a play portraying Jesus as gay, but just make your statements and boycott the play. Hell protest in front of the theater for all I care. But can you really prosecute for Blasphemy, even under English law?

Dec 7

It appears that complaints to the FCC are on the rise with almost 240 complaints in the year 2003. Compare that with the 350 complaints lodged in 2000. That’s quite a difference. But it would appear that the increase in complaints is being caused almost completely by a minority group with a political agenda. The group is called Parents Television Council (PTC). Nice to see that the minority once again gets to set policy for the majority. When will these people learn to change the channel? Better yet, stop using the TV as a babysitter!

Dec 2

It is said to see, but the Verizon pushed legislation that restricts municipalities in Pennsylvania from offering low cost/no cost Wi-Fi networks has passed. This is a very bad idea for freedom. Let us hope this does not become a trend. Shame on the governor of PA for signing this into law. However, it must be noted that a deal was worked out to allow Philadelphia to continue with its plans to provide free or cheap high-speed wireless to all residents. But if your any other municipality in Pennsylvania expect to have a fight with Verizon if you want to do the same. Just be sure to thank your governor for taking away some of your freedom when it comes time for that fight.

If the citizens of Pennsylvania are lucky this law will get shot down in a court someday.

Nov 26

Nice to see that we are now allowing utility companies to dictate what services government can offer to the public. This is a terrible presidence that is about to be set. At what point do we the people finally say enough is enough and tell these companies that they do NOT dictate public policy. If you live in Philadelphia write to your governor and tell him to veto this bill that says the government is not allowed to compete with private business. How about setting policy that allows for real FREE TRADE within our own borders!

Tell PA Governor to Veto Bill That Prevents Cities From Offering Low Cost WiFi Services

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