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Monday 12 May, 2008
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World News
Ministers attack Burma response
UK ministers condemn Burma's military rulers for not allowing aid to flow more freely into the cyclone-hit country.
Murdered boy 'turned down fight'
A murdered teenager, described as a "gentle giant" by his parents, had tried to avoid a fight minutes before his death.
Man Utd win Premier League title
Manchester United win 2-0 at Wigan to pip Chelsea to the Premier League crown, securing the club's 17th title.
MPs to debate embryology changes
MPs are to debate controversial proposals to change the law on the use of human embryos.
Serbian reformers claim victory
Serbian President Boris Tadic's pro-EU alliance declares victory in elections but falls short of a majority.
Homeowners 'favour' price falls
More people want house prices to fall than to rise, research from the BBC indicates.
Tragedy of dead and survivors in Myanmar grows worse
YANGON (Reuters) - Desperate survivors of Cyclone Nargis headed out of Myanmar's Irrawaddy delta in search of food, water and medicine, but aid workers said on Sunday that thousands will die if emergency supplies don't get through soon.
Tornadoes kill 21, injure hundreds in U.S
ATLANTA (Reuters) - Tornadoes killed at least 21 people and injured hundreds as they ripped through the central and southeastern United States over the weekend, destroying homes, overturning cars and downing trees and power lines.
Obama campaign chief sees his man winning soon
WASHINGTON (Reuters) - Democrat Barack Obama's campaign chief predicted on Sunday his long battle against Hillary Clinton for the party's presidential nomination would soon be over, saying "we're coming to the end of the process."
Hezbollah fighters pile pressure on Lebanon rivals
BEIRUT (Reuters) - Hezbollah gunmen battled supporters of the government on Sunday on the fifth day of a campaign by the Iranian-backed group that has dealt a severe blow to Washington's allies in Lebanon.
Sudan cuts ties with Chad after rebel attack
KHARTOUM (Reuters) - Sudan cut diplomatic relations with Chad on Sunday after an attack on the capital Khartoum by Darfur rebels which it said was supported by Chadian President Idriss Deby.
Serbia in coalition scramble after ambivalent vote
BELGRADE (Reuters) - A coalition of pro-Western parties came first in Serbia's parliamentary election on Sunday but faced an immediate challenge from the nationalist runners-up who said they too could form a government.
N-deal in limbo, defence deals on fast track
The death knell may have been sounded for the Indo-US nuclear deal,but both New Delhi and Washington are moving forward to ink two other crucial defence pacts.
IB blames 'slack' BSF for infiltration
Intelligence Bureau has clearly mentioned in a report to the Centre that the infiltrators, suspected to belong to LeT, sought to exploit the complacency that has crept into BSF.
Kandahar comes back to haunt BJP
The Kandahar genie that L K Advani has unbottled refuses to go with Jaswant Singh, foreign minister in the then NDA regime, accusing the BJP veteran of amnesia.
Six Indians killed in Pennsylvania car crash
SixIndians died as a minivan was hit by a car in Pennsylvania, near the border of Ohio. Four of the six killed were employees of Troy, Michigan-based SyntelInc.
Man United beat Wigan to take EPL title
Manchester United retained the English Premier League title with 2-0 win at Wigan and ended the season on 87 points, two points clear of second-placed Chelsea.
'Govt investing heavily in uranium exploration'
Atomic Energy Commission Chairman Anil Kakodkar said approximately Rs 700 crore is being invested in using the latest technology to explore uranium.
Over 20 dead in Mo., Okla., Ga. after new round of storms (AP)
Steve and Amanda Garner sift through the remains of their home north of Racine, Mo, on Sunday morning, May 11, 2008. The Garner's  home, and several others were leveled by a tornado late Saturday afternoon. The Garners were not home when the tornado struck. (AP Photo/Mike Gullett)AP - Search crews combed debris-strewn fields for possible tornado victims Sunday as residents picked through the remains of homes demolished by storms that smashed through the Plains and South, killing at least 21 people in three states.
Clinton goes from inevitable nominee to on the ropes (AP)
Democratic presidential hopeful, Sen. Hillary Rodham Clinton, D-N.Y., speaks at a Mothers Day fundraiser in New York Saturday, May 10, 2008. (AP Photo/Elise Amendola)AP - Hillary Rodham Clinton began her presidential quest armed with talent, tenacity, fame, money, connections and a team that knew how to win.
Boat carrying Myanmar aid sinks; toll climbs beyond 28,000 (AP)
Myanmar soldiers unload bags of supplies aid, donated by Thai King Bhumibol Adulyadej, from a Thai military plane onto a truck at Yangon airport in Myanmar Sunday, May 11, 2008. More food reached Myanmar's hungry cyclone victims as roads were cleared of fallen trees, but a British aid group warned that up to 1.5 million face death if they do not get clean water and sanitation soon. (AP Photo/Apichart Weerawong)AP - Myanmar's monumental task of feeding and sheltering 1.5 million cyclone survivors suffered yet another blow Sunday when a boat laden with relief supplies — one of the first international shipments — sank on its way to the disaster zone.
Lebanese violence spreads to mountains outside capital (AP)
Relatives and friends of Nabil Jihad Abou Alainien who was killed in bloody sectarian clashes between Sunnis and Shiites on Thursday, carry his body in front of a Sunni mosque in Beirut, Lebanon, Sunday May 11, 2008. Heavy fighting broke out between pro- and anti-government supporters in Lebanon's central mountains overlooking the capital Sunday sending echoes of gunfire and explosions rolling across Beirut. (AP Photo/Bela Szandelszky)AP - Lebanon hung between fears of all-out war and hopes of political compromise Sunday as government supporters and opponents battled with rockets and machine guns in the mountains overlooking the capital.
Person close to talks: Cablevision close to getting Newsday (AP)
In this May 8, 2008 file photo, News Corp. Chairman and CEO Rupert Murdoch attends Time's 100 Most Influential People in the World Gala in in New York. News Corp., the media conglomerate controlled by Rupert Murdoch, has withdrawn its bid to purchase the Long Island paper Newsday, a News Corp. spokeswoman said Saturday May 10, 2008. (AP Photo/Evan Agostini, File)AP - Cablevision Systems Corp. is close to buying the Long Island newspaper Newsday from Tribune Co. for $650 million, a person with knowledge of the situation said Sunday.
Serbia's pro-Western president declares victory in elections (AP)
Serbia's pro-western President Boris Tadic casts his ballot at a polling station in downtown Belgrade, Sunday, May 11, 2008. Serbs voted Sunday in elections that will decide whether the nation takes another step toward mainstream Europe or reverts to a hardline stance reminiscent of the late strongman Slobodan Milosevic. (AP Photo/Srdjan Ilic)AP - Serbia's pro-Western president declared victory in Sunday's parliamentary elections — a stunning upset over ultranationalists who tried to exploit anger over Kosovo's independence. But his rivals vowed to fight on, and it was unclear if he could stave off their challenge.
The Moscow Times (search.themoscowtimes.com)
Putin Program Calls for Tax Cuts
After the State Duma overwhelmingly confirmed the new prime minister, investors offered their own positive reaction.
Softer Speech Before a Tougher Parade
President Dmitry Medvedev on Friday warned against disregard for international law and ""irresponsible ambitions"" that lead to conflicts, as he presided over the Victory Day parade, which showcased military hardware for the first time since the Soviet collapse.
Medvedev Gets Sexed Up on the Internet
First, the Russian people - with a lot of help from Vladimir Putin - made him president. Now, someone seems to be trying to turn Dmitry Medvedev into a sex symbol.
Vekselberg Wins Control of Oerlikon
The Swiss technology conglomerate's former main shareholder sells Renova a 6.5 percent stake.
Gazprom Tops China Mobile, GE
Gazprom overtook China Mobile and General Electric to become the world's third-largest company by market value after the presidential inauguration of its chairman, Dmitry Medvedev.
The Danger of Isolationism
Russia has only two allies -- its army and navy."" This phrase, which was originally uttered 150 years ago by Tsar Alexander III, has become quite popular over the past several years to describe Moscow's shortage of allies.
Prime Minister and I are still good friends, insists Wendy
A REFERENDUM on Scottish independence now appears almost inevitable after Wendy Alexander, Labour's leader at Holyrood, announced yesterday that she would not block the SN
MacAskill sorry about 'cooking lager' jibe
HE TALKS tough about Scotland's booze shame, but now Kenny MacAskill, the justice secretary, has been forced to grovel to the brewers of the country's best-known lage
'Malign neglect' may make Burma disaster six times as bad as tsunami
OXFAM, the international aid agency, last night warned that the death toll in Burma could reach 1.5 million, while the British government blamed the "malign neglect" o
Court papers full of errors due to difficulties with Scottish accent
COURT cases could be thrown into chaos because workers employed to take notes can't understand the Scots accent, it was claimed yesterday.
Scotland to be 'named and shamed' by UN over child welfare failures
SCOTLAND will be "named and shamed" in a damning report to a United Nations watchdog for its failure to improve child welfare and tackle teenage pregnancies - five yea
Obama turns his fire on Republicans as Clinton's bid falters
BARACK Obama yesterday erased Hillary Clinton's once- imposing lead among superdelegates in their epic race for the Democratic Party nomination and turned his attention t
Bangkok Post (www.bangkokpost.com)
Offended Chart Thai leader rejects Chai as speaker
The Chart Thai party will abstain from voting for Chai Chidchob as the new House speaker on Monday, because it is offended by the way it has been treated by the People Power party.
Noppadan: 'Not one square inch' to Cambodia
Thailand will not compromise with Cambodia in negotiations over land around Preah Vihear temple, which Phnom Penh wants to register as a Unesco World Heritage Site, Foreign Minister Noppadon Pattama said on Sunday.
'Half the country' fears another coup: Poll
More than 50 per cent of respondents to an Abac Poll fear there will be another coup within the next six months, the pollster said on Sunday.
Burma referendum 'nearly 100 pct' for military
Rangoon (dpa) - A "sham" referendum held this weekend despite the Burmese national tragedy wrought by Cyclone Nargis can expect an overwhelming "yes" vote for a new pro-military charter, according to initial counts seen by sources close to the ruling junta Sunday.
Democrat warns of political disaster
(BangkokPost.com) - The Democrat party has warned that Thailand could be hit by a political cyclone, what he called "a political version of Cyclone Nargis" which caused devastation at a grand scale in Burma.
670 warned for violating mobile phone ban
(BangkokPost.com) - The Metropolitan police have reported 670 cases of violation of a new ban on using mobile phones whilst on the roads which came into effect on May 8.
Israel News (www.ynet.co.il)
San Francisco Chronicle (feeds.sfgate.com)
Over 20 dead in Mo., Okla., Ga. after new round of storms
Search crews combed debris-strewn fields for possible tornado victims Sunday as residents picked through the remains of homes demolished by storms that smashed through the Plains and South, killing at least 21 people in three states. At least 14 people died...
Mentally disabled man missing in San Francisco
Police and family are searching for a 50-year-old mentally disabled man who has been missing since Thursday, when he disappeared during a visit to San Francisco with his group home, his brother said today. Bobby Joe Lamascus was last seen at around 1:30 p.m....
Police: Santa Cruz bicycle protest ride turns hostile
Authorities say a protest by Santa Cruz cyclists turned hostile after a rider collided with a motorist during a ride to remind drivers to share the road. Santa Cruz police Lt. Rick Martinez said about 100 bicyclists swarmed the streets near the city's...
Boat carrying Myanmar aid sinks; toll climbs beyond 28,000
Myanmar's monumental task of feeding and sheltering 1.5 million cyclone survivors suffered yet another blow Sunday when a boat laden with relief supplies _ one of the first international shipments _ sank on its way to the disaster zone. The death toll jumped...
Gas prices knock bicycle sales, repairs into higher gear
Four-dollar-a-gallon gas is good for business _ if you run a bike shop. Commuters around the country are dusting off their old two-wheelers _ or buying new ones _ to cope with rising fuel prices, bicycle dealers say. "Everyone that comes in the shop is...
SD scientists say bacteria could be a red tide killer
Scientists believe they've found a red tide killer. The Scripps Institution of Oceanography in San Diego has discovered that RCA bacteria _ a natural marine microbe _ can attack and kill the single-cell plankton that produce red tide algae. The blooms often...
Brentwood the poster child for housing bust
Roger Abraham stands in his driveway, one hand holding the newspaper, the other sweeping across the homes on Brentwood's Solitude Street. "This one," he points, "this one, this one." All empty. This farming community on the eastern edge of the Bay Area...
Ohio, Florida hold keys to election victory
The long fixation on race, gender, age and class in the Democratic primaries will soon spread to the general election as the Democratic nominee seeks the keys to the Republican kingdom: Ohio and Florida. Both states were hotly contested battlegrounds in 2000...
S.F. settles excessive force suit for $235,000
Kelly Medora, a petite preschool teacher who weighed about 118 pounds, went out with a friend in North Beach one Saturday night in 2005 for some fun. Instead, San Francisco police officer Christopher Damonte, who weighed about 250 pounds, arrested her for...
The Guardian (www.guardian.co.uk)
Pro-EU parties take surprise lead in Serbian election
Serbia appears to have rejected a sharp turn away from Europe as president Boris Tadic announces victory
Watery graves offer a haven for divers
Neptune Memorial Reef is site for underwater cemetery with gates, pathways, plaques and even benches
Obituary: Nuala O'Faolain
Obituary: Writer, journalist and broadcaster, she was a leading figure in modern Irish culture
Relief begins to trickle in, but Britain warns of 'unimaginable tragedy' in Burma if junta fails to act
Oxfam warns of imminent 'public health catastrophe' as thousands of cyclone survivors lack proper sanitation
Leader: The exploited workforce that is seen, but rarely heard
Leader: In Britain the engine for cheap goods and services is an exploited workforce
Ahmad Samih Khalidi: Israel's celebration remains a Palestinian catastrophe
Ahmad Samih Khalidi: Neither side will ever agree on the narrative of the conflict, and the prospects for peace in the Middle East are slim
Obama catches Clinton in race for superdelegates
Sen. Barack Obama has tied Sen. Hillary Clinton in the race for superdelegates, according to CNN's latest count. Obama today picked up the backing of California superdelegate Crystal Strait of the Young Democrats of America. The Democrats next face off Tuesday in West Virginia, where Clinton leads in polls.
Bush: Jenna's wedding was 'spectacular'
President Bush today called the wedding of his daughter Jenna to Henry Hager on Saturday evening "spectacular," saying the couple exchanged vows just as the sun set at his Texas ranch.
Serbia's pro-West president declares win
Read full story for latest details.
Red Cross relief boat sinks in Myanmar
A Red Cross boat delivering supplies to help 1,000 victims of last weekend's cyclone sank today when it hit debris in the Irrawaddy Delta region, as the U.S. prepared to deliver relief supplies to Myanmar.
U.S. official: Too early to expect Sadr City truce
A U.S. military official said Sunday it was "premature" to conclude there will be a truce between the Iraqi government and Shiite cleric Muqtada al-Sadr's movement, despite word from both sides that a cease-fire agreement was reached.
Toll climbs as storms sweep several states
Residents in three Midwestern states spent Mother's Day sifting through the wreckage of their homes, trying to recover from powerful storms that killed at least 22 people.
The Washington Post (www.washingtonpost.com)
A Hidden World of Shoddy Medical Care
Ailing foreign detainees, crammed in special prisons across U.S., pay a heavy cost for nation's tighter, post-Sept. 11 immigration policies.
Storms Kill 21 in Plains, South
Possible tornadoes sweep through Oklahoma, Missouri and Georgia, leaving a trail of debris.
Edwards: Obama to Be Nominee
the talk | Former Democratic candidate warns Clinton against hurting party's chances in the fall.
Bush Calls Wedding 'Spectacular'
More than 200 family and friends attend wedding of president's daughter Jenna at Crawford ranch.
Incursion Crushed, Sudan Says
Government defeats unprecedented rebel attack on the capital of Khartoum on Saturday.
The Sydney Morning Herald (feeds.smh.com.au)
Calm in Beirut, but violence rages in Tripoli
LEBANON's political and military leaders struggled to pull the country back from a deepening civil conflict yesterday with a measure of calm returning to Beirut after four days of fighting but the streets of Tripoli erupting in violence.
As Burma's junta counts its fake votes, photos show the reality
Neat images of tent townships hide the shocking extent of Burma's plight, writes Connie Levett.
Another disaster looms in North Korea
Again the world is dithering while innocent people starve, writes Tessa Morris-Suzuki.
US lawyer barred for Guantanamo bias
WASHINGTON: A military judge has disqualified the Pentagon's top legal adviser in the Office of Military Commissions from participating in the prosecution of a detainee at Guantanamo Bay because he exerted improper influence over a team of prosecutors and may have compromised the case's fairness.
Doubts emerge over scope of Sadr City truce
RESIDENTS in Baghdad's Sadr City said there were no reports of fighting yesterday after Shiite political factions reached an agreement to end seven weeks of clashes that have killed hundreds of people in the slum.
Associated Press (hosted.ap.org)
Over 20 dead in Mo., Okla., Ga. after new round of storms
SENECA, Mo. (AP) -- Search crews combed debris-strewn fields for possible tornado victims Sunday as residents picked through the remains of homes demolished by storms that smashed through the Plains and South, killing at least 21 people in three states....
Clinton goes from inevitable nominee to on the ropes
WASHINGTON (AP) -- Hillary Rodham Clinton began her presidential quest armed with talent, tenacity, fame, money, connections and a team that knew how to win....
McGowan beats Vazquez as Jays finish 4-game sweep of ChiSox
TORONTO (AP) -- Dustin McGowan outpitched Javier Vazquez in an entertaining duel, and Matt Stairs homered to help the Toronto Blue Jays beat the slumping Chicago White Sox 1-0 Monday night for a four-game sweep....
Lebanese violence spreads to mountains outside capital
BEIRUT, Lebanon (AP) -- Lebanon hung between fears of all-out war and hopes of political compromise Sunday as government supporters and opponents battled with rockets and machine guns in the mountains overlooking the capital....
Person close to talks: Cablevision close to getting Newsday
NEW YORK (AP) -- Cablevision Systems Corp. is close to buying the Long Island newspaper Newsday from Tribune Co. for $650 million, a person with knowledge of the situation said Sunday....
Serbia's pro-Western president declares victory in elections
BELGRADE, Serbia (AP) -- Serbia's pro-Western president declared victory in Sunday's parliamentary elections - a stunning upset over ultranationalists who tried to exploit anger over Kosovo's independence. But his rivals vowed to fight on, and it was unclear if he could stave off their challenge....
BBC Upset That Fans Are Knitting Dr. Who Characters
While many people are familiar with copyright issues concerning things like music, movies and software online, there's another community that also has been quite active: the knitting community. For a few years now there's been an ongoing battle between hobbyist knitters who have uploaded patterns that others feel are infringing on their copyrights. Now it appears that issue is touching on the tech/sci-fi community as well. Boing Boing points us to the news that a fan of the famed BBC show Dr. Who had created some knitting patterns of his own that would enable anyone to knit various characters from the show. This isn't a case where he was uploading someone else's patterns -- but he had created his own. The BBC, however, flipped out and told him to remove all such knitting patterns as they infringed on the BBC's copyrights and trademarks. This seems like yet another case of overly aggressive enforcement of intellectual property rights because someone can, not because it's a good idea.

It's nearly impossible to see how a fan getting people to knit versions of Dr. Who characters somehow diminishes the rights of the BBC. All it's doing is enabling fans (who are also into knitting) to express their fandom. If anything, the BBC should be encouraging this kind of fan support, rather than trying to stifle it and shut it down. It's stunning that after all these years, people still don't realize that helping fans express their feelings towards something is a good thing, rather than infringement.

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Blogging vs. Journalism Question A Key Point In Compelling The Troll Tracker To Testify
While it looks like the attempt to get Rick Frenkel, better known as the "Patent Troll Tracker" into court on a separate patent-related dispute has gone nowhere, there's an interesting side dispute as part of this that touches on the age-old debate concerning the border of blogging and journalism. Frenkel told the court that since the Troll Tracker blog was a side project, not an effort of Cisco, and since he was, effectively, a journalist in writing it, he could not be compelled to testify since it "would result in a serious detriment to Frenkel's future ability to gather and disseminate news."

However, Frenkel's nemesis, patent attorney Ray Niro responded by scoffing at these claims, and ticking off the reasons why Frenkel should not be considered a journalist. Unfortunately, in doing so, Niro displays a rather profound ignorance concerning what it means to be a journalist (one would hope that his work with patent hoarders is not so sloppy). In the link above, Joe Mullin does a good job picking apart Niro's points, but let's take a closer look. First, Niro says Frenkel is not a journalist because he's unqualified:
"Frenkel has no degree in journalism; no professional training as a reporter; and has never been employed as a reporter or journalist."
If that's a requirement to be a journalist these days, then an awful lot of folks doing serious journalism work wouldn't be considered journalists either. There are no professional requirements to be a journalist. Second, Niro claims that Frenkel wasn't very nice in his posts, highlighting the Troll Tracker's rather amusing "haiku" contests, that tended to make fun of patent hoarders and (sometimes) Niro. Of course, there's nothing in engaging with your readers with amusing haiku contests that makes you any less of a journalist. Third, Niro says that since Cisco was Frenkel's employer, he's clearly not a journalist but something of a corporate mouthpiece. Of course, there's little evidence to suggest that Frenkel was doing anything on behalf of Cisco, but more importantly, (as Mullin points out) biased reporting doesn't disqualify you from being a journalist. If it did, how many "journalists" would still be around? And fourth, Niro claims that Frenkel was guilty of various journalistic ethics violations, such as writing anonymously (someone better alert the Economist) and not revealing his sources (always knew that Woodward and Bernstein weren't real journalists).

The simple fact is that you don't need a degree or a certificate to be a journalist these days. You just need to report the news -- and no one can deny that Frenkel did that. In fact, he was much more of a journalist than many "official" journalists these days in that he reported on news that wasn't getting covered anywhere else and did some pretty hefty investigative work on some to try to work out the details behind some of the patent hoarding company shell games. In fact, since he took down his site, the type of news he reported has been sadly missing from the discussions on patent law and patent reform. On that note, it's probably also worth pointing out that Frenkel said in his own filing on the case that he's planning to return to blogging at some point in the future.

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China Shows Again That Stronger IP Protection Comes After There's Content To Protect, Not Before
Copyright and patent law is supposed to act as incentives for the creation of new content or inventions. Yet, as we've pointed out recently, there's little economic evidence that it does so. Instead, the evidence suggests that stronger intellectual property laws seem to come after the fact. In other words, when there is little IP protection, there is often quite a bit of creation and invention -- and then those that did that creation and invention decide that they want to protect it retrospectively. That's not the purpose of IP law, but it's what seems to happen. And, look no further than China to see it happening again. China, of course, is notorious as a haven for intellectual property infringement, which (not surprisingly) has resulted in business model innovation. However, now that China is hosting the Olympics, it's suddenly worried about making sure the video of the games will not be copied in an unauthorized manner (found via Against Monopoly). Note the obvious irony. You can walk around malls in parts of China and buy any kind of unauthorized software, music and movies for next to nothing... but when it comes to China's own content, suddenly copyright is a big deal. And, of course, it wasn't copyright that acted as the incentive for China to host and show the Olympics -- but now the country is using it to protect the content. Copyright is being used for protectionism, not as an incentive.

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How Do You Legislate Fewer Attacks On Homeland Security's Network?
While it is a bit troubling that the Department of Homeland Security has had some computer security problems recently, it's difficult to see exactly how that's solved by legislation. But, of course, to politicians with a legislative hammer, every little problem looks like a nail. Thus, we've got politicians proposing cybersecurity legislation that would require Homeland Security to decrease the number of successful cybersecurity attacks against its network. While that's certainly an admirable goal, it's not as if DHS was purposely letting the attacks go through before, and will suddenly shape up just because of this new law.


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Skype Concedes In GPL Dispute
Tom wrote about the Skype/GPL case yesterday, and it's worth noting (as many in the comments did) that partway through the hearing, Skype gave in and agreed to drop the appeal and abide by the lower court ruling. That's a good thing. However, from the comments on Tom's post, it appears that many seemed to have misunderstood what he wrote, believing he was (a) supporting Skype or (b) disparaging GPL. It appears to be neither. He pretty clearly states that it's a "desperation" play by Skype, and so it's not at all surprising that Skype gave in after the court indicated that Skype's arguments were not convincing. Tom also does not appear to be disparaging the GPL -- he notes how it helped encourage much more openness in software development.

His actual point, which got less attention, was whether the power of the GPL specifically is waning as other licenses gain prominence -- and, specifically, whether it would be so horrible if the GPL somehow went away. He's not suggesting that's a likely or ideal scenario -- just questioning what would happen. And, the point he makes is that while the GPL paved a very important path, we're seeing other options now appearing, and that's a good thing for open source. Developers now have a much bigger choice among licenses they can choose to adopt, and that competition can lead to interesting innovations. It's not an anti-GPL post -- but recognition that the hopes and dreams of open source software development are no longer tied to the success or failure of the GPL. And that's a good thing for both the GPL and open source.

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If Copyright Is About Incentive, Should It Allow Total Control Over The Work?
William Patry points us to an interesting draft of an article by Prof. Shyamkrishna Balganesh (of University of Chicago Law School) for the Harvard Law Review concerning how the courts rarely take into account the real purpose of copyrights in deciding what copyrights allow people to do. The basic premise is that copyright is designed solely to be an incentive to get people to create new works -- and, as such, some of the powers that the courts and Congress have added to copyright seem to go well beyond that core purpose. Specifically, Balganesh suggests that copyright shouldn't prevent others from using the content in ways that the original author never foresaw, as those uses clearly should not have influenced the original incentive to create, since they were never even thought about. While Patry gives some compelling reasons why Balganesh's current argument is a bit flawed, it does bring up a variety of interesting and important questions concerning what copyright really should be doing.

Most specifically, this argument is going to become more and more important as content creation increasingly moves away from a "broadcast" model to a many-to-many "communications" model. In such a world, things like fair use, derivative works and whether someone should "own" all downstream uses become much more important:
None of copyright's current doctrinal devices enable courts to circumscribe a creator's entitlement by reference to the incentive structure that the institution is premised on. As a direct consequence, creators (and their assignees) are often thought to be 'rightfully entitled' to any revenue stream associated with their creation, whether or not it owes its existence solely to the creator and regardless of it having been developed well after the creation of the work.... Individuals will (and can) not factor the unforeseeable consequences of their actions into their ex ante reasons for acting. Consequently, limiting copyright's grant of exclusivity to uses of the creative work that were foreseeable to a creator at the time of creation is likely to better align creators' creative decision-making with their incentives.
In other words, just because your work is used in part by another to create something new and different, it often doesn't make sense to give the original creator control over that work -- especially if it has nothing to do with the original incentive to create. Somehow, I'd imagine that JK Rowling would disagree.

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Breitbart (www.breitbart.com)
Japan's money supply up 1.9% in April+
(Kyodo) _ (EDS: LEAD STORY TO FOLLOW) The key gauge of Japan's money supply in April rose 1.9 percent from a year earlier, the Bank of Japan said Monday. The average daily balance of
Japanese editorial excerpts+
(Kyodo) _ Selected editorial excerpts from the Japanese press: PERMANENT LAW NEEDED TO SEND SDF OVERSEAS (The Daily Yomiuri as translated from the Yomiuri Shimbun) Progress on...
Actor Farina arrested after gun found in luggage at LAX
Actor Dennis Farina was charged with a felony Sunday at Los Angeles International Airport after a loaded gun was found in his carry-on luggage. When the weapon was discovered at a...
11 dead in Haiti ferry capsizing
An overloaded ferry capsized off the coast of southern Haiti, killing at least 11 people, U.N. and Haitian authorities said Sunday. U.N. peacekeeping mission spokesman David Wimhurst...
Kirilenko stuffs Kobe, Lakers in OT as Jazz tie series 2-2
Andrei Kirilenko blocked Kobe Bryant twice in overtime and converted a three-point play with 35 seconds remaining as the Utah Jazz beat the Los Angeles Lakers 123-115 on Sunday, tying the...
Jazz knot series with overtime victory over Lakers
The Utah Jazz held on for a 123-115 overtime victory over the Los Angeles Lakers on Sunday to pull even in their National Basketball Association playoff series. Deron...
(external news feeds last updated at 1:01am and took 11 seconds)

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