Tag: law

Ricochet Member Recommended FeedRecommended by R> Members

Blurred Lines: Are Music Copyrights Becoming Patents?

 

Without patents or copyrights, “idea space” would be a commons. “Idea space” is the realm of potential ideas. A patent and a copyright both permit their owner to declare a region of “idea space” his own private property for a period of time, but under different terms. A copyright encloses a particular expression of an idea and was originally intended to prevent, well, copying during the duration of the copyright. A patent encloses not just one particular expression of an idea, but the idea itself, declaring all other expressions of the same idea, whether they’re copies or not, off-limits for the duration of the patent. A patent is thus a much broader right than a copyright, enclosing a far larger region of the intellectual commons than does a copyright; consequently, a patent inhibits others’ right to stake their own claim in idea space much more than a copyright does.

Copyrights have been expanding. Complaints about the increasing length of the copyright period are common. More problematic, though, is copyrights’ increasing breadth. As a copyright expands to inhibit expressions which aren’t fairly obviously copies, it becomes more like a patent in its scope, enabling rent-seeking and inhibiting creativity. This appears to be happening in the music industry. In March 2015, the creators of the hit “Blurred Lines” were convicted of infringing the copyright on Marvin Gaye’s “Got to Give it Up.” This is a blow to unoriginal songwriters everywhere. Worse, it does a lot of collateral damage in the process. As a “Blurred Lines” defense attorney put it, “This ruling elevates ‘groove’ and ‘feel’ to the level of copyright infringement.” Forensic musicologists and lawyers can expect to profit from such expansion, but artists – and listeners – can expect to suffer.

More

Paging John Yoo & Richard Epstein. California & The Supremacy Clause

 

California Attorney General, Xavier Becerra (D-CA), has threatened private citizens in California with prosecution and fines should they help Immigration and Customs Enforcement (ICE) in identifying illegal aliens for incarceration and possible deportation. Said Becerra in response to a question about the announcement: “There are new laws in place in California now in 2018 with the […]

Join Ricochet!

This is a members-only post on Ricochet's Member Feed. Want to read it? Join Ricochet’s growing community of conservatives and be part of the conversation. Get your first month free.

Law-Abiding Gun Owners Who Actually Abide By The Law

 

The General Accounting Office (GAO) decided to test one of the more common ideas of the gun control crowd, that it’s easy and quick to buy a gun on the internet, and no background check is required.

The GAO set up a simple test: They would try to buy guns without a background check on the Surface Web (sites like Armslist, Gunbroker, etc) and they would also try to buy guns on the Dark Web (sites that use Tor and other encryption tools to conceal who is buying what).

More
Ricochet Member Recommended FeedRecommended by R> Members

“Lying to the FBI” and Other Meta-Crimes

 

I’m a bit concerned about Michael’s Flynn’s guilty plea. Not because Michael Flynn doesn’t belong in jail. From all I can tell, he’d sell his country or his mother for a dollar, so I rather imagine that he probably belongs in jail for something. But I’m concerned about it, and about George Papadopoulos’ plea too, for that matter.

No, it’s not because I fear they’re going to turn state’s evidence on the Donald either. While I’ve been pleased with some of his actions as president, I’ve never had any confidence in Donald Trump’s character and won’t be surprised if it turns out there’s an actual fire under this smoke. Nor will I lose any sleep if he’s replaced with Mike Pence. (On the contrary, I’ll sleep better.)

More

This week on OppCast, we let the legal nerds take over. With the marathon Supreme Court confirmation hearings of Judge Neil Gorsuch finally in the bag, it’s not totally clear what was learned, what was accomplished and what to expect moving forward. That’s why we brought in special guest Shoshana Weissmann, digital media director of Opportunity Lives and a card-carrying legal nerd, along with the Cato Institute’s Senior Constitutional Scholar Ilya Shapiro, to geek out on what you may have missed. (And perhaps a little mutton-busting while we’re at it.)

More

Welcome to the Harvard Lunch Club Political Podcast for February 14, 2017 it’s the Stephen Miller, Be Our Valentine edition of the podcast. We are brought to you this week by Harry’s Shave. Two comments: (1) you’ve heard about it, you’ve thought about it, get it now you *will* love it, (2) use the URL harrys.com/Harvard. We are also brought to you by Casper mattresses: with over twenty thousand reviews and over 4.8 out of 5 stars, it is quickly becoming the internet’s favorite mattress. And we are brought to you by The Great Courses Plus. They have over 8,000 video lectures on a wide assortment of topics. Learn something new today.

This week on the podcast we discuss the poster child for amnesty, the golden nugget sympathy case for open borders, Guadalupe Garcia de Rayos. De Rayos, or as we think of her, mother Guady, has been deported. She is a mother of two American-born children (i.e. anchor babies). She has been in America for 22 years. She came here as a 14 year old looking for a better life. She is doing what she is doing “out of love.” (Where have we heard *that* before??). And she only committed one, almost insignificant felony (identity theft) and she’s reaaaalllly sorry about that. The elitist media Cannot Conceive of why anyone would want the law to be enforced and mother Guady forced to leave. The reaction of the average deplorable is, however, “it’s about time.”

More

Please Support Our Sponsors!

Intersection Accident Nightmare in Arizona

 

In criminal cases, it is not uncommon for courts to order restitution along with the criminal sentencing. My Arizona bar newsletter contained a story about a lawyer who got the statutory law changed so he could represent his daughter in seeking criminal restitution for the death of his son-in-law. The case began with a 7 AM traffic accident at an intersection. The decedent, Jeffrey Roof, turned left across several lanes of traffic. The accused, Jeffrey Meyn, sped up to get through the intersection on, he claims, a yellow light. Meyn t-boned Roof’s automobile. There were no drugs or alcohol involved. Meyn stayed at the scene and was released by the officers who told him that he was not at fault.

The police continued to investigate. Meyn cooperated with the investigation even testifying before a grand jury. Meyn’s lawyer notified the prosecutor in writing that if he were going to be charged, Meyn would voluntarily turn himself in. Instead, the police used Meyn’s six-year-old son to lie to Meyn to get Meyn outside where the police swarmed him with weapons drawn, ordered him to his knees and handcuffed him, all apparently in front of the six year old.

More

Quote of the Day: Aaron Burr

 

“Law is whatever is boldy asserted and plausibly maintained.” -Aaron Burr This is a proposition I turn over quite a bit in my mind. Is a law a law as it’s written on the books, or as it’s enforced by the state? Is a supreme court decision necessarily correct? What if one side was just better […]

Join Ricochet!

This is a members-only post on Ricochet's Member Feed. Want to read it? Join Ricochet’s growing community of conservatives and be part of the conversation. Get your first month free.

Criminalizing the Mentally Ill

 

The New York man who slashed a woman’s face just hours after being released from the mental hospital has inspired legal action. This victim is suing New York City for releasing him from his hospital too soon, knowing that he was violent. The hospital countered that he was on his appropriate medications and was no longer […]

Join Ricochet!

This is a members-only post on Ricochet's Member Feed. Want to read it? Join Ricochet’s growing community of conservatives and be part of the conversation. Get your first month free.

Well, that’s one way to illustrate the difference between conservatives and liberals.

 

Here’s an article that illustrates one of the huge difference between conservatives/libertarians and liberals/progressives: It’s been the prettiest love story in recent Canadian political history — the romancing of the Assembly of First Nations by the Liberal government. More

Join Ricochet!

This is a members-only post on Ricochet's Member Feed. Want to read it? Join Ricochet’s growing community of conservatives and be part of the conversation. Get your first month free.

Freedom of Religion: Not Just for Churches and Sundays

 

Religions do things. Churches do things. Religious organizations do things. Things like preschools, grade schools, high schools, universities, law schools, nursing schools, med schools, hospitals, 12-step programs, eye clinics, dental clinics, day cares, famine relief, flood relief, affordable housing, pre-marital counseling, marriage counseling, divorce therapy, adoption agencies, racial reconciliation stuff, education in how to stay […]

Join Ricochet!

This is a members-only post on Ricochet's Member Feed. Want to read it? Join Ricochet’s growing community of conservatives and be part of the conversation. Get your first month free.

The Origins of Capitalism

 

Many years ago, I wrote my senior thesis on the origins of capitalism. I argued that capitalism can be defined as the ability to leverage one’s own assets, coupled with a legal system of equality under the law. This sounds easier than it is. In most of the world, throughout most of history, property has ultimately belonged to a lord, a king, or — most critically — to the future generations. If one is farming a piece of familial land, then the property is not actually owned by the farmer. He is, instead, a steward, connecting the past to the future. He cannot mortgage the property, because he cannot lose it. Capitalism requires the ability to lose one’s investment, and a society where the real estate is held as familial land cannot free up the capital required to achieve the enormous growth in wealth that capitalism enables.

Equality under the law is quite difficult as well. Almost every legal system has different rules for different people, and some kind of immunity for rulers. This kind of law, however, ultimately comes at a steep price for the populace. Only a fool invests in a new venture that the king can seize on a whim, so the most successful nations are the ones that put the law above any man. In order for capitalism to work, the system has to allow, at least theoretically, a poor man to sue the king for a property violation – and win.

More

Vote Trump get dumped

 

The lovely Miss Timpf, National Review’s answer to a question most conservatives have most certainly never asked, but could be tempted, if they’re young enough…, has a new post: A couple somewhere in America started a movement to persuade people not to have sex with Trump-supporters–moving all of less than an hundred people, so far so good. She […]

Join Ricochet!

This is a members-only post on Ricochet's Member Feed. Want to read it? Join Ricochet’s growing community of conservatives and be part of the conversation. Get your first month free.

The Other Drug War

 

Earlier this month, the Food and Drug Administration rejected the application of Biomarin Pharmaceutical to market its drug Kyndrisa™ (drisapersen) for use in the treatment of Duchenne muscular dystrophy. The FDA, as is often the case when it rejects a drug application, listed all sorts of technical reasons why the data presented was not sufficient to establish by respectable scientific means that the drug in question was safe and effective in its intended use. Without question, much evidence from the clinical trials revealed serious complications from the drug’s use, including blood-platelet shortages that were potentially fatal, kidney damage, and severe injection-site reactions. But the no-treatment alternative could prove far worse.

Duchenne is a rare but fatal genetic disorder that attacks only young boys, roughly 1 in 3,500 to 5,000. Typically, it first manifests itself between two and five years of age. With time, it relentlessly weakens the skeletal muscles that control movement in the arms, legs, and trunk. Most of its victims are wheelchair-bound between the ages of seven and 13. By 20, many have died.

More