Category: Evil

He Keeps Coming Back, Like a Bad Penny

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Yes, it’s Ken Starr, and it looks like he got yet another trumped up investigation, this time of a Jewish Studies professor who isn’t right wing enough for the Clinton era persecutor prosecutor:

It’s unclear what exactly Ellis is on trial for, as neither Baylor nor Ellis would comment on the record about the nature of the charges. (One clue: no criminal charges have been filed against Ellis.) Roger Sanders, Ellis’ lawyer, says Baylor’s lawyers told him the internal process mandates nondisclosure, though Baylor spokesperson Lori Fogleman disputes this, telling RD that the charges can only be released with Ellis’ written permission.

Sanders says the investigation hinges on “bogus allegations.” One can only hope the result will not be another 336-page Starr Report—the $40 million product of the independent counsel’s four-year investigation, for which the beleaguered Monica Lewinsky was interrogated over 20 times. “‘You’re a pervert, Ken Starr,’” Lewinsky’s father once said he’d like to tell the former independent counsel.

In late November Cornel West, feminist theologian Rosemary Radford Ruether, Archbishop Desmond Tutu, and other luminaries launched a change.org petition addressed to Starr, which has thus far gathered over 5,000 signatures. The petition asserts that the controversy “looks more and more like a persecution to silence a Jewish voice of dissent.”

“The charges,” reads a petition update, “are about ‘abuse of authority.’…Many of us were contacted several times by institutional lawyers who tried to persuade us to tell them examples of ‘abuse of authority’ he has exercised.”

According to Sanders, the investigation consisted of “sort of announc[ing] to people, ‘Here’s what Marc’s guilty of. Now tell us what you know about him.’” Fogleman claims no knowledge of the investigation’s procedures and declined to recommend officials who could answer questions about it.

The fact that, but for his misconduct in l’affaire Lewinski, he’d probably be on the Supreme Court now, should scare the hell out of us.

Guess What, the Bank Deal is Even Worse Than You Thought

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We still have no written agreement, but we the North Carolina AG has released an executive summary, and it strongly implies that the immunity grant is a lot broader than has been implied:

This is the critical part:

The proposed Release contains a broad release of the banks’ conduct related to mortgage loan servicing, foreclosure preparation, and mortgage loan origination services. Claims based on these areas of past conduct by the banks cannot be brought by state attorneys general or banking regulators.

The Release applies only to the named bank parties. It does not extend to third parties who may have provided default or foreclosure services for the banks. Notably, claims against MERSCORP, Inc. or Mortgage Electronic Registration Systems, Inc. (MERS) are not released

.

This is sufficiently general so that it is hard to be certain, but It certainly reads as if it waives chain of title issues and liability related to the use of MERS. That seems to be confirmed by the fact that made by local recorders for fees are explicitly preserved (one would not think they would need to be preserved unless they might otherwise be assumed to be waived). This is exactly the sort of release we feared would be given in a worst case scenario. The banks have gotten a huge “get out of jail free” card of bupkis.

It’s gonna get worse.

Every time we get more information it’s gonna get worse.

We are going to discover that this precludes all sorts of remedies for bad acts, and there will be no enforcement mechanisms to prevent future bad faith actions.

It’s gonna be more extend and pretend, so the banksters can get their bonuses, and we get the shaft.

While Joe Nocera is Generally a Waste of Time

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I agree with him that the N.C.A.A. is little better than a cartel engaging in human trafficking:

The N.C.A.A. despises sports agents — hates them so much so that it once helped promulgate an anti-agent law. As of January 2010, according to the N.C.A.A.’s Web site, that law had been passed by 40 states. A player who takes an “improper benefit” from a sports agent loses his eligibility. A player who gets drafted out of high school — this happens in baseball as well as hockey — and engages an agent to talk to the pro team that drafted him loses his eligibility. Indeed, the mere act of signing with an agent is enough for a player to lose his eligibility. N.C.A.A. “scandals” involving agents and athletes are almost as common as recruiting scandals.

The N.C.A.A. claims — as it always does — that it is acting to protect its athletes “from exploitation by professional and commercial enterprises.” But this is classic N.C.A.A. Orwellian spin. Its true purpose in preventing athletes from engaging with agents while in college is to exacerbate their exploitation. The professional and commercial enterprise doing the exploiting, of course, is college sports itself.

“It’s all about control,” says Don Jackson, a lawyer who specializes in representing athletes who have run afoul of the N.C.A.A. Teenage athletes with agents are far more likely to make informed decisions about their lives than athletes acting on their own. Instead, athletes have to rely on coaches and athletic administrators, whose primary interest is the school, not the player.

And it’s not just hockey players who have to make important life decisions at a young age. When a baseball player gets drafted out of high school, he has a hard decision to make. Basketball players are usually eligible for the draft after one year of college; football players after three years. Yet N.C.A.A. rules force these athletes to make these major decisions without an agent at their side.

At some point, enterprising lawyer is going to find is going to use RICO, or the tax code, or anti-human trafficking statutes, or some combination of all these and other laws, and these folks will get taken down ……… hard.

They Are A Bunch of F%$#ing Ghouls!

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Sony Music, one of the slimiest record distributors out there, has just topped itself.

It raised prices on Whitney Houston’s music less than 12 hours after her death:

It’s easy to get so emotional about a singer after they’ve passed prematurely, as Whitney Houston did Saturday at the age of 48. But fans seeking to buy her digital albums in remembrance weren’t too happy at sudden price hikes so soon after her death.

The Brits picked up on it quickly, with London-based Next Web writer Matt Brian and The Guardian’s Josh Halliday both finding the price increases, which raised Houston’s “The Ultimate Collection” 2007 album from £5 (about $7.89) to £8 (about $12.63). In the United States, the cost is even steeper: $15 for the “Greatest Hits” collection at both Amazon (mp3 store) and iTunes.

Halliday found out that Sony Music increased the price of “The Ultimate Collection” at about 4 a.m. Sunday, not even 12 hours after news broke of Houston’s death. Fans were quick to point fingers at Apple for the anti-sale, but it turned out that when Sony bumped up the wholesale price of “The Ultimate Collection,” iTunes and other retailers automatically upped their pricing.

Not a fan, but sort of crap is cold.

H/t Chris in Paris.

This is Why These F%$#s Need to Go to Jail

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Because the financial class is really a bunch of monsters:

Fannie Mae (FNMA) pulled the plug on a 2010 plan to forgive borrowers’ mortgage debt because company executives were “philosophically opposed” to the idea, a former company employee told House investigators.

…………

According to the letter, a former Fannie Mae employee told the committee that the mortgage finance company had developed a pilot program for reducing mortgage debt for borrowers who owe more on their house than the property is worth.

The purpose of the plan was to develop “a responsible way to reduce principal balances for underwater mortgage borrowers without creating undue incremental moral hazard,” the employee told the committee.

The pilot had preliminary approvals from officials at Fannie Mae, FHFA, and the Office of the Comptroller of the Currency, a bank regulator, according to the former employee.

In mid-2010, two weeks before its launch, senior Fannie Mae executives cancelled the program because they were “philosophically opposed to writing down principal balances,” according to the former worker, who was quoted in the letter without being identified.

“I believe that we could be saving tens of billions of dollars while also helping stabilize housing prices and stimulating economic growth,” the former employee said, according to the letter.

They f%$#ed the economy, but they are so convinced of their ultimate virtue that they are acting against the interests of the companies that they manage, and the taxpayers, because they have bought into a, “heads I win, tails you lose,” vision of crony capitalism in which they are the arbiters of virtue.

These people are dangerous sociopaths.

What Ken Livingstone Said

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In the time I was mayor, I used to do meetings with City bankers and I’d often open by saying, ‘This isn’t the world I would have created . . .’ [Bankers’ bonuses are] like penis extensions, among a small league of men – mine is bigger than yours.

. . . The world is run by monsters and you have to deal with them. Some of them run countries, some of them run banks, some of them run news corporations.

— The former (and hopefully future) Mayor of London Ken Livingston on the banksters and other captains of industry

(emphasis mine)

I think that this is an important thing to say.  One of the primary defenses of the banksters and the rest of the parasites on our economy is that their success is somehow the product of their virtue and ability.

This is a lie.  It has always been a law, and so long as we allow the myth that these folks are anything other than amoral winners of the genetic lottery, we grant them a legitimacy that they they do not deserve, and we do so at our own peril.

So, the Pedophile Protection Bureau Wants Contraception Coverage Banned

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So, the Conference of Catholic Bishops, or more accurately the guy they hired to represent their position, has admitted that they want to ban coverage for all forms of contraception for everyone:

“There has been a lot of talk in the last couple days about compromise, but it sounds to us like a way to turn down the heat, to placate people without doing anything in particular,” [Conference general council Anthony] Picarello said. “We’re not going to do anything until this is fixed.”

That means removing the provision from the health care law altogether, he said, not simply changing it for Catholic employers and their insurers. He cited the problem that would create for “good Catholic business people who can’t in good conscience cooperate with this.”
“If I quit this job and opened a Taco Bell, I’d be covered by the mandate,” Picarello said.

They want to pull all coverage for contraception for everyone, and so we should take it seriously when they they say want to ban all contraception.

At least the Taliban does not find f%$#ing little boys to be a moral imperative.

If You Choose to Invest in a Criminal Enterprise, You are Supposed to Lose Money

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So, the SEC is giving the banksters a free pass when they defraud investors, but the SEC gives them a pass. Why? To protect the investors.

You know, for most people, letting the banksters steal with impunity is not protecting investor:

Even as the Securities and Exchange Commission has stepped up its investigations of Wall Street in the last decade, the agency has repeatedly allowed the biggest firms to avoid punishments specifically meant to apply to fraud cases.
By granting exemptions to laws and regulations that act as a deterrent to securities fraud, the S.E.C. has let financial giants like JPMorganChase, Goldman Sachs and Bank of America continue to have advantages reserved for the most dependable companies, making it easier for them to raise money from investors, for example, and to avoid liability from lawsuits if their financial forecasts turn out to be wrong.
An analysis by The New York Times of S.E.C. investigations over the last decade found nearly 350 instances where the agency has given big Wall Street institutions and other financial companies a pass on those or other sanctions. Those instances also include waivers permitting firms to underwrite certain stock and bond sales and manage mutual fund portfolios.
JPMorganChase, for example, has settled six fraud cases in the last 13 years, including one with a $228 million settlement last summer, but it has obtained at least 22 waivers, in part by arguing that it has “a strong record of compliance with securities laws.” Bank of America and Merrill Lynch, which merged in 2009, have settled 15 fraud cases and received at least 39 waivers.
Only about a dozen companies — Dell, General Electric and United Rentals among them — have felt the full force of the law after issuing misleading information about their businesses. Citigroup was the only major Wall Street bank among them. In 11 years, it settled six fraud cases and received 25 waivers before it lost most of its privileges in 2010.

By granting those waivers, the S.E.C. allowed Wall Street firms to have powerful advantages, securities experts and former regulators say. The institutions remained protected under the Private Securities Litigation Reform Act of 1995, which makes it easier to avoid class-action shareholder lawsuits.

And why are they doing this?

“The ramifications of losing those exemptions are enormous to these firms,” David S. Ruder, a former S.E.C. chairman, said in an interview. Without the waivers, agreeing to settle charges of securities fraud “might have vast repercussions affecting the ability of a firm to continue to stay in business,” he said.

S.E.C. officials say that they grant the waivers to keep stock and bond markets open to companies with legitimate capital-raising needs. Ensuring such access is as important to its mission as protecting investors, regulators said.

…………

Thomas Lee Hazen, a securities law professor at the University of North Carolina at Chapel Hill, said that it is understandable that the S.E.C. might relax some potential sanctions on Wall Street firms — where it appears that lessons have been learned, or when a fine is thought to be sufficient punishment.

“The ripple effect of having a sanction that could shut them down or could seriously impede a company’s operations would seriously affect a lot of innocent customers,” he said. “It’s a very fine balance. That’s not to say that the S.E.C. is striking the balance properly. That is in the eye of the beholder.”

Let’s be clear here. The SEC is using regulatory forbearance to subsidize fraud.

If people stopped investing in firms that committed fraud, the firms would be less inclined to defraud investors.

I Guess She Could Not Handel the Pressure

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Yes, the right wing hack hired by Komen as their VP for public policy, Karen Handel, has>called it quits, or as Erin Gloria Ryan so clearly states, Noted Liar Karen Handel Defensively Resigns From Komen, with a self-indulgent letter of resignation where she denies it being about politics.

I’d say, “Cry me a river,” but the letter was more like “Water Music”.*

The thing is, the folks at Komen knew that she was a right wing political hack.  Not only had she campaigned for governor on defunding Planned Parenthood before Komen hired her, but she also has a long history of voter suppression and civil rights violations so bad that the Bush Justice Department called her out.

She was clearly a right wing political hack, and Komen chose to let Ari Fleischer pimp her for a cushy office job, and they knew what she was.

There are lots of better breast cancer charities out there.

Even ignoring politics, the corporate pink-washing Komen does for companies probably contribute to higher cancer rates (KFC? Seriously?) should look elsewhere.

When you add in their politics, any woman who gives them money is like a chicken donating to Colonel Sanders, because they are a a petri dish for right wing zealots who think that the problem with the world is that, “women [are] not being properly punished for having unapproved sex.”

*OK, that’s it for the Handel puns.

Seriously, Susan G. Komen is Looking Worse and Worse

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It looks like their latest gaffe, in which they defunded Planned Parenthood, was masterminded by Ari Fleischer:

Ari Fleischer, former press secretary for George W. Bush and prominent right-wing pundit, was secretly involved in the Komen Foundation’s strategy regarding Planned Parenthood. Fleischer personally interviewed candidates for the position of “Senior Vice President for Communications and External Relations” at Komen last December. According to a source with first-hand knowledge, Fleischer drilled prospective candidates during their interviews on how they would handle the controversy about Komen’s relationship with Planned Parenthood.

Fleischer’s relationship with Komen and the Planned Parenthood controversy was previously undisclosed. He confirmed to ThinkProgress his recent role in filling a key communication position at Komen. Fleischer stressed, however, another communications firm (Ogilvy PR) was retained by Komen to deal with crisis communications over the last few days and he has not been involved.

Seriously, this just get better and better.

Komen for the Cure isn’t a charity, it’s yet another Republican full employment program masquerading as a charity.

You Have Got To Be Kidding

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Guess what, the heavy duty Randroids out there are now going after their enemy du jour, George Bailey, president of the Bailey building and loan:

It’s been a standing joke for ages to claim that some free-market Randroid was so clueless that he or she would watch “It’s A Wonderful Life” and cheer for Mr. Potter while hissing at George Bailey. It would be the equivalent, say, of someone hoping that Scrooge would tell the Ghosts of Christmas Past, Present and Future to sod off or that Spielberg would leave E.T. to die alone in a ditch in Southern California or that Dorothy would be stranded in Oz for the rest of her life as the Wizard’s concubine.

But, of course, this, or so everyone thought, was all just cute and snarky hyperbole. No one, not even the High Priestess Ayn Rand herself, could possibly actually watch “It’s A Wonderful Life” and come away not sobbing like a child but instead thinking that George Bailey was a social parasite spouting vile commie propaganda against the heroic Mr. Potter, the job creator who knew what was really best for the people of Bedford Falls.

Yes, they are demonizing the hero, played by honest to God war hero Jimmy Stewart, of Frank Capra’s treacly bit of cinema, It’s a Wonderful Life, which is considered by many (not me) to be an American cinematic icon.*

Seriously, what the f%$# are wrong with these folks?

I’m beginning to understand what led Ayn Rand to have a doting crush on one William Edward Hickman, a monster who kidnapped and dismembered a twelve year old girl, it’s because Randian libertarianism is not so much a philosophy as it is a beard to conceal from the rest of the world that they are sociopaths.

*Personally, I’m not a big fan of the movie, and it was viewed as a resounding failure when released.  My interest was in the fact that it became popular when it passed out of copyright, and TV stations showed it repeatedly in the holiday season, creating a classic.  My interest is how a series of court rulings allowed it to be snatched out of the public domain.

And Mitch Daniels Signs the Union Busting Bill Into Law

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There is a lesson to be learned here.

The first priority* of Democrats is to implement decent policy, and the first priority* of Republicans is to change the rules in order to strengthen their allies and diminish their opponents.

In the long run, the latter strategy gives better results.

Case in point, the Republicans in Indiana passing union busting right to work legislation:

Indiana became the 23rd state to pass anti-union “right-to-work” legislation on Wednesday and the first in the nation’s manufacturing heartland, dealing a blow to organized labor by allowing workers to opt out of paying union dues.

Indiana’s Republican governor Mitch Daniels signed the legislation into law immediately after it was given final approval in the state Senate, making Indiana the first state to adopt such a measure since Oklahoma did so a decade ago.

This is why Obama should have attempted to re-institute the fairness doctrine, and pass the Employee Free Choice Act (card check) when he had overwhelming majorities in the House and Senate in 2009.

If Democrats ever again have such a large majority, how about repealing Taft-Hartley, and adding the right to organize the workplace to the Civil Rights Act?

*OK, truth be told, the truth be told, the real first priority of all politicians is reelection.

More Change We Cannot Believe In

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It turns out that while under federal receivership, and under the direction of the FHFA, Freddie Mac has simultaneously made it more difficult to refinance your mortgage and invested in risking and hard to sell financial instruments that profit from you not being able to refinance:

Freddie Mac, the taxpayer-owned mortgage giant, has placed multibillion-dollar bets that pay off if homeowners stay trapped in expensive mortgages with interest rates well above current rates.

Freddie began increasing these bets dramatically in late 2010, the same time that the company was making it harder for homeowners to get out of such high-interest mortgages.

No evidence has emerged that these decisions were coordinated. The company is a key gatekeeper for home loans but says its traders are “walled off” from the officials who have restricted homeowners from taking advantage of historically low interest rates by imposing higher fees and new rules.

Yeah, there was no coordination here.

Just aggressive tightening of refinancing standards (further down in the story) that have put people, “in financial jail,”  and as it was ramping up on its risky bets, it also, “quietly announced that it was raising charges, called post-settlement delivery fees, for refinancing.”

But we aren’t going to see a recess appointment to replace the acting head of FHFA, Edward DeMarco, with someone who might reign in executive bonuses or work for home owners.

Yes, ML Global is allowed to steal

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The point about the “loss” of ML Global customer accounts is not that it was lost, but that it was looted as the company collapsed, but it’s all “no harm, no foul,” and there are no criminal investigations:

Federal officials looking for an estimated $1.2 billion missing from customers of MF Global Holdings Ltd. feel more and more that a lot of it may never be located, according to a report citing sources familiar with the probe.

What’s been learned so far suggests that a good deal of the money may have “vaporized” because of scrambling in trading in the week before MF Global filed for bankruptcy protection Oct. 31, the Wall Street Journal reported, citing “a person close to the investigation.”

This money was stolen, most likely by Jamie Dimon’s peeps at JPMorgan.

Even if you cannot prove criminal intent, you can get back this money, if you are willing to actually pursue it.

Still, Jon Corzine being frog marched out of his offices in hand cuffs would be a good thing.

H/t Atrios.

Jon Stewart Must Love Newt

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He does look a bit stunned though

Because the obvious hypocrisy and venality that is Newt must make his job easier.

Stewart’s observation to Newt’s fake outrage:

You imagined your wife, while she was dealing with having MS, would be open to you having sex with another lady you’d already been having sex with for six f%$#king years!” Stewart said. “I think you’ve got a pretty good imagination dispicability-wise.

And then there is Gingrich’s claim to be running as an outsider:

You are the Washington outsider? When Washington gets its prostate checked, it tickles you.

Watch the video. It’s a good way to spend 8 minutes and change.

Obama’s War on Open Government Continues

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They are going after a CIA officer who revealed our chain of gulags and torture:

The Justice Department on Monday charged a former CIA officer with repeatedly leaking classified information, including the identities of agency operatives involved in the capture and interrogation of alleged terrorists.

The case against John Kiriakou, who also served as a senior Senate aide, extends the Obama administration’s crackdown on disclosures of national security secrets. Kiriakou, 47, is the sixth target of a leaks-related prosecution since President Obama took office, exceeding the total number of comparable prosecutions under all previous administrations combined, legal experts said.

Kiriakou, who was among the first to go public with details about the CIA’s use of waterboarding and other harsh interrogation measures, was charged with disclosing classified information to reporters and lying to the agency about the origin of other sensitive material he published in a book. He faces up to 30 years in prison if convicted.

Seriously, this sh%$ is just evil.

There have been more prosecutions of leakers in 3 years of the Obama administration than there had been over the prior two hundred and twenty years.

This is despicable.

Obama’s Assassination Catch-22

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If you are targeted by this administration for assassination, then only you can challenge this in court, but the Obama administration will sniff out your communications with your lawyers in order to find and kill you:

On Saturday in Somalia, the U.S. fired missiles from a drone and killed the 27-year-old Lebanon-born, ex-British citizen Bilal el-Berjawi. His wife had given birth 24 hours earlier and the speculation is that the U.S. located him when his wife called to give him the news. Roughly one year ago, El-Berjawi was stripped of his British citizenship, obtained when his family moved to that country when he was an infant, through the use of a 2006 British anti-Terrorism law — passed after the London subway bombing — that the current government is using with increasing frequency to strip alleged Terrorists with dual nationality of their British citizenship (while providing no explanation for that act). El-Berjawi’s family vehemently denies that he is involved with Terrorism, but he was never able to appeal the decree against him for this reason:

Berjawi is understood to have sought to appeal against the order, but lawyers representing his family were unable to take instructions from him amid concerns that any telephone contact could precipitate a drone attack.

Obviously, those concerns were valid. So first the U.S. tries to assassinate people, then it causes legal rulings against them to be issued because the individuals, fearing for their life, are unable to defend themselves. Meanwhile, no explanation or evidence is provided for either the adverse government act or the assassination: it is simply secretly decreed and thus shall it be.

Exactly the same thing happened with U.S. citizen Anwar Awlaki. When the ACLU and CCR, representing Awlaki’s father, sued President Obama asking a federal court to enjoin the President from killing his American son without a trial, the Obama DOJ insisted (and the court ultimately accepted) that Awlaki himself must sue on his own behalf. Obviously, that was impossible given that the Obama administration was admittedly trying to kill him and surely would have done so the minute he stuck his head up to contact lawyers (indeed, the U.S. tried to kill him each time they thought they had located him, and then finally succeeded). So again in the Awlaki case: the U.S. targets someone for death, and then their inability to defend themselves is used as a weapon to deny their legal rights.

This is deeply repulsive, and, unfortunately, it is the new normal, and the next president, whether it be in 2012 or 2016, will accept this and extend these policies, just as Obama has, and things will get worse again.

Motherf%$#er

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Jake Burris, the campaign manager for Ken Aden’s (D) had his cat beaten to death by some teabagger scum:

Police were investigating Monday after a cat belonging to the family of a Democrat’s campaign manager was beaten to death and the word “liberal” scrawled across its side.

The cat belonged to the family of Jake Burris, who manages Democrat Ken Aden’s bid for Arkansas’ 3rd Congressional District.

Burris was returning to his Russellville home with his four children when he found the cat on his doorstep Sunday night, the Aden campaign said in a press release.

The mixed-breed Siamese cat had one side of its head bashed in to “the point the cat’s eyeball was barely hanging from its socket,” the release said.

Aden told Reuters that the event was “horrible, to say the least.”

If we find out who did this, I would hope that the US Attorney finds a way to treat this as terrorism, and go full Patriot Act on his ass.

And as SOPA/PIPA Goes Down, the Supreme Court Decides to F%$# the Concept of Public Domain

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The Supreme Court just ruled that the public domain can be taken away whenever Congress wants to:

We’ve been talking about the Golan case, and its possible impact on culture, for years. If you’re unfamiliar with it, it’s the third in a line of cases, starting with the Eldred case, to challenge aspects of copyright law as violating the First Amendment. The key point in the case was questioning whether or not the US could take works out of the public domain and put them under copyright. The US had argued it needed to do this under a trade agreement to make other countries respect our copyrights. Of course, for those who were making use of those public domain works, it sure seemed like a way to unfairly lock up works that belonged to the public. It was difficult to see how retroactively taking works out of the public domain could fit into the traditional contours of copyright law… but today, on the day of the big SOPA/PIPA protests… that’s exactly what happened (pdf).

The ruling is ridiculously depressing. The Justices basically just keep repeating the mantra they first set forth in Eldred, that as long as Congress says it’s okay — and that the “fair use” and the “idea/expression” dichotomy remain — all is just dandy. They also claim that since the very first copyright law took works from the public domain and gave them copyright protection, clearly there’s nothing wrong with removing works from the public domain. This decision reinforces why the Eldred decision was a complete disaster, and just keeps getting worse. The Eldred ruling basically ignored the fact that copyright had changed entirely in a way that went against the First Amendment… by retroactively granting copyright extension. Now that ruling is being used to take works out of the public domain as well.

First, as with Eldred (and the second case in the trilogy, the Kahle case), I believe that the Court is greatly mistaken in its analysis of copyright law. First it claims that there’s little fight between copyright and the First Amendment because the two things were put in place at about the same time. That’s a specious argument for a variety of reasons. First, the original copyright law was significantly limited in a way that it was unlikely to really come into conflict with the First Amendment. It was limited to just a few specific areas, and for a very short period of time. It’s only now that (1) copyright law has been totally flipped to make just about everything you create covered by copyright, (2) the law has been massively expanded in time and (3) changes in technology make us all create tons of “copyrighted” material all the time — things have changed an entirely. It’s hard to see how the Court can reasonably argue that the traditional contours of copyright law have not changed… but that’s exactly what it does. Stunningly, the majority decision here, written by Justice Ginsburg, seems to suggest that there’s no First Amendment issue here, because if people want to make use of the works that were previously, but are no longer, in the public domain, they can just buy those rights:

This ruling sucks wet farts from dead pigeons.

IP increasingly resembles the Enclosure Acts in England, with a similar outcome. The ordinary people get f%$#ed, and the nobility makes out like raped apes.

Needless to say, this does not serve, “To promote the Progress of Science and useful Arts,” as the constitution states.

Oh My F%$#ing Ghod!

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The Obama administration is floating Larry Summers as the next head of the World Bank:

President Barack Obama may put his mark on the World Bank by nominating Lawrence Summers, his former National Economic Council director, to lead the bank when Robert Zoellick’s term expires later this year, according to two people familiar with the matter.

While a Summers nomination may draw criticism from some Democrats who disagree with his past stances on deregulating the financial industry, he has support inside the administration from top officials, including Treasury Secretary Timothy Geithner and current NEC Director Gene Sperling, said one of the people.

Secretary of State Hillary Clinton is also being considered, along with other candidates, said the other person. Both spoke on condition of anonymity to discuss internal White House deliberations.

Larry Summers’ record was too toxic for Obama to nominate him as secretary of the treasury, and the parts of his record that aren’t rife with incompetence or corruption show that he is completely incapable of operating in an environment like the World bank, which requires consensus.

There is no eleventy dimensional chess.  This is just stupid and arrogant.

H/t Felix Salmon.