Category: Legislation

Senators Want To Put People In Jail For Embedding YouTube Videos

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No, seriously, Senators Amy Klobuchar, John Cornyn and Christopher Coons are proposing to make posting the wrong sort of Youtube videos a felony:

Okay, this is just getting ridiculous. A few weeks back, we noted that Senators Amy Klobuchar, John Cornyn and Christopher Coons had proposed a new bill that was designed to make “streaming” infringing material a felony. At the time, the actual text of the bill wasn’t available, but we assumed, naturally, that it would just extend “public performance” rights to section 506a of the Copyright Act.

Supporters of this bill claim that all it’s really doing is harmonizing US copyright law’s civil and criminal sections. After all, the rights afforded under copyright law in civil cases cover a list of rights: reproduce, distribute, prepare derivative works or perform the work. The rules for criminal infringement only cover reproducing and distributing — but not performing. So, supporters claim, all this does is “harmonize” copyright law and bring the criminal side into line with the civil side by adding “performance rights” to the list of things.

If only it were that simple. But, of course, it’s not. First of all, despite claims to the contrary, there’s a damn good reason why Congress did not include performance rights as a criminal/felony issue: because who would have thought that it would be a criminal act to perform a work without permission? It could be infringing, but that can be covered by a fine. When we suddenly criminalize a performance, that raises all sorts of questionable issues.

The problem here is that people do not understand what IP is.

People seem to think that it’s property.  It’s no more property than a liquor license is.

It’s a limited time limited exclusive license created to, “To promote the Progress of Science and useful Arts.”

It’s not about creating progressively punitive and extortive provisions, largely because the holders of these licenses have lots of money to wave around, and want ways to extort more money.

Finally, Some Legislative Pushback on Patent Trolls

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You know that it gets weird when the banksters are on the side of the good guys:

For years and much to their frustration, big banks have paid hundreds of millions of dollars to a tiny Texas company to use a patented system for processing digital copies of checks, making Claudio Ballard, the inventor of the system, a wealthy man and the bank industry’s biggest patent foe.

After years of fighting Mr. Ballard at the federal Patent Office, in court and across a negotiating table, the banks went to see one of their best friends in Congress, Senator Charles E. Schumer of New York, who inserted into a patent overhaul bill a provision that appears largely aimed at helping banks rid themselves of the Ballard problem. The Senate passed the bill easily in March.

The proposal would allow banks to get a federal re-examination of certain patents that they have been accused of infringing, specifically limited to “a financial product or service.” The language is now included in a bill that may come to a vote in the House of Representatives as early as Wednesday. While at least two House members have moved to strip the provision from the bill, bank lobbyists have worked hard to defeat previous attempts to remove it.

Mr. Schumer and the Financial Services Roundtable, a business group that pushed the measure, say the provision is not focused on any one company but more broadly at “meritless litigation over patents of dubious quality,” as Steve Bartlett, the president of the Roundtable, said at a House hearing.

The depressing fact is that this is just a lobbying power play, rather than a realization that IP in all forms is about benefiting society, and  not about determining who gets an undeserved payoff that they can use to make campaign donations.

Business patents, gene patents, and software patents, do not serve to encourage innovation, they simply create government sanctioned monopolies, and the profits generated has now seized the political process.

90% of All Nursing Home Patients End Up On Medicaid

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Which means that it’s an issue that the Republicans will use to scare old people, but Obama and the Congressional Democrats are negotiating draconian cuts in the program, because they have some sort of twisted political suicide pact thing going on:

This would be brutal for the poor, particularly in Republican states, but even in blue ones. Governors are champing at the bit to cut enrollment and increase cost sharing. State budgets are still strained, and Medicaid is among the highest expenditures. Much of Medicaid spending goes to keep poor seniors in nursing homes, so a lot of the cuts would get targeted there. Which means that you can call this the “Force Your Mother-in-Law to Move In With You Act.”

Keep in mind that fully half of all the coverage expansions in the Affordable Care Act come from a Medicaid expansion. A removal of MOE [maintenance of effort requirements, which prohibit states from gutting the program] would basically undercut that; even though the federal government would pick up all the costs of the Medicaid expansion, states want to reduce their current level, and so the coverage expansion will just unravel. Or, the feds will put the burden on the states, and the states will just opt out of it. You’re talking about millions and millions of beneficiaries losing their coverage.

Un-dirtyword-believably stupid, particularly when Medicaid is a vehicle for much of the theoretical improvements in coverage under Obama’s precious Affordable Health Care Act.

I’m beginning to think that, notwithstanding his intellect, Obama really is not interested in doing anything beyond checking off boxes on something that resembles a standardized test, whether it makes a difference or not.

Ironically, that is his education policy.

Crap

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On a party line vote, the Wisconsin Supreme Court has reinstated Scott Walker’s union busting law:

The Wisconsin Supreme Court, just hours before a deadline imposed by state legislative Republicans, just reinstated the anti-union law which a district court judge had blocked because it violated state open meetings requirements. They made the novel interpretation that those requirements don’t apply to the legislature.

The court found a committee of lawmakers was not subject to the state’s open meetings law, and so did not violate that law when they hastily approved the measure and made it possible for the Senate to take it up. In doing so, the Supreme Court overruled a Dane County judge who had struck down the legislation, ending one challenge to the law even as new challenges are likely to emerge.

The majority opinion was by Justices Michael Gableman, David Prosser, Patience Roggensack and Annette Ziegler. The other three justices – Chief Justice Shirley Abrahamson and Justices Ann Walsh Bradley and N. Patrick Crooks – concurred in part and dissented in part.

Not that I have to tell you this, but the four who signed the majority opinion were all nominated by Republicans, while the three who dissented were all nominated by Democrats.

I now expect the court to find a way to stop the recall elections.

Vermont Governor Signs Single Payer Law

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Of course implementing the law over the next 3-5 years is problematic, since it requires a waiver from HHS, and I don’t think that Obama will stop sucking up to the insurance and finance industries and allow that to happen:

In order to actually enact the system, the state needs a waiver from the Affordable Care Act health reform law. Currently, the federal government will start handing out state waivers in 2017 — three years after Vermont wants to implement its system. Rep. Peter Welch (D-VT) has introduced an amendment that would move the waiver date up to 2014, an idea that President Obama has endorsed.

While I am sure that Obama would love to have the ability grant a waiver moved up, he is as insistent of the prerogatives of the executive as Dick Cheney ever was, there is no way that he would allow Vermont to set in motion a series of events that would transform healthcare delivery nationwide.

Basically, if Vermont is allowed to implement single payer,  businesses will start to move there, because healthcare is such a huge part of their personnel costs, and other states will start to feel pressure to follow suit, which should, eventually, lead to something like single payer being implemented nation wide.

Credit Where Credit is Due

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Harry Reid put the Paul Ryan budget up for a vote in the Senate, and it lost, with all the Democrats voting against it, but 40 Republicans voted to kill Medicare, 41 if you count Rand Paul, who voted no because he thought that it was not radical enough:

The Senate on Wednesday resoundingly rejected a budget sponsored by House Budget Committee Chairman Paul Ryan (R-Wis.) that calls for significant cuts to future Medicare benefits.

The 40-57 vote came one day after Republicans suffered an upset defeat in a special election in upstate New York where Democrats made Medicare cuts the primary issue.

Five Republican senators voted against a motion to take up the ambitious House budget plan, which suffered only four Republican defections when it passed the lower chamber earlier this year.

Four centrists voted no: Sens. Scott Brown (R-Mass.), Susan Collins (R-Maine), Lisa Murkowski (R-Alaska) and Olympia Snowe (R-Maine). Sen. Rand Paul (R-Ky.), who favored larger budget cuts than what was proposed in Ryan’s budget, was the fifth no vote.

Every Democrat voted no except for Sen. Charles Schumer (N.Y.), who did not vote.

By forcing a vote on this, Harry Reid did the right thing, and by forcing the Senate Republicans to choose between normal voter in the general election, and teabagger in the primary, he put the ‘Phants between a rock and a hard place, which is a very good thing.

BTW, my guess as to why Murkowski voted no, she has 5 years until her next election, and she knows that the teabaggers in Alaska will hate her no matter what she does, so this was the safer course for her.

God Bless The Onion

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I really cannot add anything to the article, but it needs to be shared:

Budget Mix-Up Provides Nation’s Schools With Enough Money To Properly Educate Students

WASHINGTON—According to bewildered and contrite legislators, a major budgetary mix-up this week inadvertently provided the nation’s public schools with enough funding and resources to properly educate students.

Sources in the Congressional Budget Office reported that as a result of a clerical error, $80 billion earmarked for national defense was accidentally sent to the Department of Education, furnishing schools with the necessary funds to buy new textbooks, offer more academic resources, hire better teachers, promote student achievement, and foster educational excellence—an oversight that apologetic officials called a “huge mistake.”

…

Read the rest.

What Krugman Says

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He says what needs to be said on the debt ceiling negotiations:

According to Harry Reid, the Senate majority leader, Mr. Obama has told Democrats not to draw any “line in the sand” in debt negotiations. Well, count me among those who find this strategy completely baffling. At some point — and sooner rather than later — the president has to draw a line. Otherwise, he might as well move out of the White House, and hand the keys over to the Tea Party.

Of course, since Barack Obama seems incapable of drawing such lines, I’m thinking that the only question will be whether or not the ‘Phants use lube before having their way with the American people.

Actually, the ‘Phants won’t use lube.

Wrapping NHS Up In a Bow, and Giving It to Non-Profits

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Here’s a big surprise, the Tories intend to dismantle the National Health Service in the UK, and give it to for profit entities:

A senior adviser to David Cameron says the NHS could be improved by charging patients and will be transformed into a “state insurance provider, not a state deliverer” of care.

Mark Britnell, who was appointed to a “kitchen cabinet” advising the prime minister on reforming the NHS, told a conference of executives from the private sector that future reforms would show “no mercy” to the NHS and offer a “big opportunity” to the for-profit sector.

The revelations come on the eve of an important speech by the prime minister on the future of the NHS, during which he is expected to try to allay widespread fears that the reforms proposed in health secretary Andrew Lansley’s health and social care bill would lead to privatisation.

So not a shocker.

Conservatives realize that when government works, it becomes popular, and they don’t, so they spend most of their times trying to throw a monkey wrench (spanner in UK-speak) into the works.

Republicans in Florida Bans Sex

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You see, in the process of banning bestiality, they banned any person having any sort of sexual contact with an animal outside of the norms of animal husbandry and veterinary science:

An act relating to sexual activities involving animals; creating s. 828.126, F.S.; providing definitions; prohibiting knowing sexual conduct or sexual contact with an animal; prohibiting specified related activities; providing penalties; providing that the act does not apply to certain husbandry, conformation judging, and veterinary practices; providing an effective date.

Unfortunately, it appears that none of these folks took high school biology.

To quote Mel Brooks, “Ooh, baby, you are so talented! ……… And they are so *dumb*!”

Do You Want Some Cheese With That Whine?

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So, after voting to abolish Medicare, the Republican freshmen have sent a letter to Obama demanding that the Democrats not beat them up over this:

Politicians usually don’t begin press conferences with an admission of guilt.

But that’s exactly what happened Wednesday, when freshman Rep. Adam Kinzinger (R-Ill.) called on the president to condemn the scare tactics Democrats have used against Republicans on Medicare — the same type of attacks Republicans used against Democrats throughout the 2010 campaign that helped put many of the GOP freshmen in office.

“We’ve all been guilty at one time or another of playing partisan politics with key issues facing our country, but now is the time to hit the reset button,” Kinzinger said, as if to pre-empt accusations of hypocrisy coming from Democrats. “As a freshman class, we have the opportunity to wipe the slate clean and … not continue the petty politics we’ve seen in the past.”

Last year, as a candidate, Kinzinger sang a different tune: He criticized the Democratic health care overhaul, saying it would amount to $500 billion in cuts over 10 years, removing 4 million patients from Medicare and putting 15 million on Medicaid, according to local news reports.

I’m sorry, but if these guys are not strong enough to defend themselves from a 72 year old constituent with blue hair, how can they be expected to protect us from bin Laden Saddam Hussein Fidel Castro anyone more threatening than the Easter Bunny?

You know the attacks against the rat f%$#s are different from the death panels, because they are true, which has counted for something in the United States since the days of John Peter Zenger.

Why do House Republicans hate America?

Can Someone Please Primary Steny Hoyer

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The moron is talking about means testing Medicare:

House Minority Whip Steny Hoyer (D-MD) offered cautious support Tuesday for the idea of adopting further means-testing of Medicare and Social Security to help shore up the finances of both programs. But the devil, he said, will be in the details.

“I don’t want to get into means testing until we look at specific proposals,” Hoyer said at his weekly Capitol briefing in response to a question from TPM. “Generally speaking, we do, as you know, have certain means testing in both Medicare and SS at this point in time. … I think clearly we’re going to have to make both of those programs sustainable over the long run, and I think to some degree it would be clearly appropriate to look at — without endorsing any specific proposal — the insuring that the least well off are protected and to do that look at the best off … in terms of what level of support they get.”

First, if you cut off the top ½%, you don’t save any money, and if you cut off any more than that, and you destroy the program, which makes it bad policy.

Then you have to follow that up with the fact that the Republicans are killing themselves with this, but good old Steny feels the need to give them an opportunity to point at the Dems and say, “See, they are trying to cut your Medicare!”

Is he trying to lose?

Actually, considering him, he might be.  I think that he figures that he becomes the Dem leader in the House if Pelosi does not get back the House in 2012, so he wins by the country losing.

At Least This Wasn’t the Obama Administration’s Coverup

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In this case, it’s big Ag (We’re Beatrice), who have been leaning on their running dog lackeys in state legislators to pass laws to make the taking of photographs, videos, and recordings of farms illegal:

So, proposed legislation in three states – Iowa, Minnesota and Florida – that would criminalize the filming, photography or audio recording of farms (the general assumption seems to be that the bills are meant to protect CAFOs – concentrated animal feeding operations, also referred to as factory farms – but could apply to any farm of any nature) raised a major red flag to me, and to others who follow and write about such issues. People you’d expect to raise a protest, like Humane Society’s Wayne Pacelle and Animal Welfare Approved director Andrew Guenther have done so, but mainstream media, especially the New York Times, has also done a great job, with this pointed op-ed and Mark Bittman’s excellent “Who Protects the Animals?” (in which he coins the phrase “ag-gag”).

I guess that I shouldn’t be surprised, considering the popularity of veggie libel laws, but the pure venality and hypocrisy here just boggles my mind.

I would hope that the courts declare this unconstitutional before the ink is dry, because it is banning the practice of journalism.

Vermont Passes Conference Committee Version of Single Payer

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So it now goes to the governor, who has promised to sign the bill.

My take on this is very straightforward: It won’t get the waivers needed to be implemented, because employers in the region would leave skid marks to open up offices in Vermont if it did, which would have a cascading “race to the top” which would render much of the US health insurance irrelevant, and Barack Obama aggressively lobbied to prevent such an option for the states for his healthcare bill.

I’m not sure whether it is philosophy (Obama honestly believes that the solution has to be private because of his philosophy), or if it is expediency (Obama needs to raise a billion dollars for the 2012 campaign, and the FIRE sector is the source of much of that money), but the effect is the same:  He will not allow this plan to proceed to fruition.

More of This

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In California, Republicans are refusing to even allow tax increases to be voted on, so Treasurer Bill Lockyer and Senate President Pro Tem Darrell Steinberg are suggesting that cuts be targeted in Republican districts:

With no agreement in sight on how to close the state’s remaining $15.4 billion deficit, some Democrats are discussing targeting GOP districts with steeper cuts if legislative Republicans will not vote for a solution that includes taxes.

“You don’t want to pay for government, well then, you get less of it,” Senate President Pro Tem Darrell Steinberg told reporters Wednesday.

If other options fail, the Sacramento Democrat said he is willing to consider a targeted cuts approach like one laid out by Treasurer Bill Lockyer, who has suggested that an all-cuts state budget should focus on the districts of lawmakers who oppose putting $11 billion in tax extensions before voters.

“When it comes to kids or the vulnerable, I wouldn’t want to make distinctions between who lives in a Democratic district and who lives in a Republican district, but when it comes to sort of basic services, convenience services that affect adults … I have an open mind,” he told reporters after speaking at a Sacramento Press Club luncheon.

What he is referring to here as “convenience services” is (I hope) things like DMV offices, vehicle inspection stations, agricultural extension offices, etc.

Good for him.

One of the reasons that there are so many no taxes ever lunatics out there is because they manage to structure taxation, and benefits, such that other people pay for their services, and this needs to stop.

Ha Ha!

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Anonymous has apparently penetrated the US Chamber of Commerce, and now released a 1.2 Gigabyte file containing the documents.

It seems to contain files from the Chamber, the American Legal Exchange Council, and the the Mackinac Center.

The last two are right wing front groups.

The ALEC writes legislation to kill unions as well as the poor and the elderly, and the Mackinac Center is yet another of those right wing so-called “think” tanks.

There is a caveat here, one which has been posted at AnonNews:

On April 29th a person using the twitter account “@septscelles”  released a large file to Barrett Brown that purportedly contained secret US Chamber of Commerce documents. This file was later made available via File Dropper as a (strangely truecypted) torrent named “chambersecrets2”.  It is also reported to have been made available in an unencrypted form on the Pirate Bay.

Despite the promise of secrets and leaks, early research has thus far shown that this information is publicly available through a simple Google search. It’s very possible that “@septscelles” is just an attention seeking troll. Despite this, there is a more insidious possibility. We learned from the HB Gary emails that the Chamber of Commerce was advised to “feed the fuel between the feuding groups, [creating] disinformation.” Specific mention was made of “[creating] messages around actions to sabotage or discredit the opposing organization [and to] submit fake documents and then call out the error…”

The file is very large, and will therefore take some time to fully examine. Nevertheless, we would like to state that this information was provided by an unknown party and may be an attempt to discredit Anonymous through a campaign of misinformation. More information will be coming soon.

So obviously, breaking out the champagne is premature, though perhaps chilling it might not be a bad idea.

You can go through the documents by downloading this torrent.

H/t Hedgehog at the Stellarparthenon BBS.

Who Lent Harry Reid a Pair of Testicles?

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Because he has just announced that he will be forcing a vote on the Senate floor on the Paul Ryan budget, which dismantles Medicare:

Senate Majority Leader Harry Reid said it’s definite: He will scheduled a vote on House Republicans’ fiscal 2012 budget plan, which passed the House on a party-line vote earlier this month and includes the proposal to make Medicare a voucher-style health-care program for seniors.

The move could create an awkward situation for some Senate Republicans, who would anger conservative constituents by voting no, but could alienate independents by voting yes. Sen. Susan Collins, a centrist Republican from Maine, said last week she’ll oppose the budget.

Senate Republicans “seem to be in love with the [Rep. Paul] Ryan budget, they’re going to get an opportunity to vote on the Ryan budget,” Mr. Reid said. Asked if he thought the Senate would defeat the House GOP budgetary plan, Mr. Reid said “I hope so.”

An “awkward situation”, yes, I guess it is.

BTW, the Senate rules does not allow a filibuster of the budget.

Vermont Senate Passes Single Payer Healthcare

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The Vermont state Senate has now passed the single payer healthcare bill, and, assuming no problems in conference committee, will shortly head to the governor’s desk, where he has promised to sign it.

Of course, the whole thing is dependent on getting a waiver from HHS, and I’m dubious of that bit, because Obama has shown himself to be the FIRE (Finance, Insurance, and Real Estate) sector’s bitch, and you can be sure that the insurance companies will be trying to do whatever they can to drive a stake through the bill’s heart.

I Still Don’t Buy the Idea that Obama is Playng “Eleventy Dimensional Chess,” but …

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That rumble here is stark raving terror!

But John Boehner has gotten himself completely pwn36 (OWNED) this week.

First, the CBO scored the budget cuts, and it turns out that that the $38 billion in budget cuts are actually only $352 million in budget cuts, and then Boehner loses ¼ of his caucus on the budget deal and has to rely on Democrats to put it over the top, and finally, the Democrats abstain on an amendment proposed by the even-more-right-wing-than-Paul-Ryan Republican Study Committee, which had the amendment passing until Boehner whipped Republicans to change their votes at the last minute:

Normally something like that would fail by a large bipartisan margin in either the House or the Senate. Conservative Republicans would vote for it, but it would be defeated by a coalition of Democrats and more moderate Republicans. But today that formula didn’t hold. In an attempt to highlight deep divides in the Republican caucus. Dems switched their votes — from “no” to “present.”

Panic ensued. In the House, legislation passes by a simple majority of members voting. The Dems took themselves out of the equation, leaving Republicans to decide whether the House should adopt the more-conservative RSC budget instead of the one authored by Budget Committee Chairman Paul Ryan. As Dems flipped to present, Republicans realized that a majority of their members had indeed gone on the record in support of the RSC plan — and if the vote closed, it would pass. That would be a slap in the face to Ryan, and a politically toxic outcome for the Republican party.

I do believe that Boehner is a rum and nicotine soaked incompetent, but I see this as more of a residue of luck than any sudden outbreak of competence by the Obama administration.