Radio Free Meredith

And now, your comedy break

2008-05-06T07:54:06Z

Tonight's Wikipedia bingo led me to the MySpace home of Scared Weird Little Guys, a musical comedy duo out of Melbourne, Australia. Notable tracks: "Cleaning Out My Tuckerbag," an increasingly Eminem-flavoured parody of "Waltzing Matilda", and "Christmas Day (The Bawdy Song)," 1:59 of fun for anyone who still giggles at "Sweet Violets" or "Miss Susie Had a Steamboat". My favourite, though, is the innocuously-titled "1985", the video for which you should totally watch:

I like this video because it works on so many levels -- lyrical, musical, and visual. (Oh, and it goes without saying that this could never have existed without fair use provisions.) I'm a big fan of structural gimmicks like the ones they're employing, and the tune is, dare I say, one of the best riffs on '80s melody and instrumentation that I've ever heard. If they had a CD I could buy, I'd buy it.

[Orphan Works] Keeping y'all updated; radio semi-silence

2008-04-29T20:15:02Z

As promised:

The House version of the Orphan Works Act of 2008

The Senate version of the Orphan Works Act of 2008

As some readers have observed, there are slightly different provisions in the two bills, and only one or the other of them (possibly amended) can be signed into law; either the House version will pass the House and be voted on in the Senate, or the Senate version will pass the Senate and be voted on in the House, or neither version will pass its own chamber and it won't be an issue.

I intend to post a point-by-point comparison of the two bills, but it may be a while in coming. My friend Eric's death is hitting me pretty hard, and I'm not really up for doing a lot of blogging at the moment. In the meantime, Alex Curtis over at Public Knowledge has some good commentary; feel free to collect other useful links in the comments to this post, if you like.

in memoriam

2008-04-27T23:15:25Z

Eric Scott Tiedemann
1966-2008

Rest in peace. I wish it hadn't ended this way.

Orphan Works press release from the House/Senate Judiciary Committees

2008-04-24T21:07:47Z

As promised, the press office of the Senate Judiciary Committee just sent me their release on the Shawn Bentley Orphan Works Act of 2008. (Thanks, y'all!) Below the cut, it's reproduced in full. The first section is a press release, i.e., the who (as in, who's sponsoring it), what (description of the bill), when (today), where (Washington, DC) and why (pull-quotes from the bill sponsors explaining their goals) for journalists to refer to. The second section is a statement from Sen. Patrick Leahy, which (based on its wording) I think is being read before the Senate today.

I especially want to draw attention to the third section in order to head off any possible misinterpretation. The third section is a summary of the bill, not the bill itself. It describes what will be contained in each section of the bill, but the summaries and descriptions are not the bill. So, for instance, the bit in section 2 where it talks about "conditions on eligibility" -- those will be spelled out in much greater detail in the bill itself, which you can look for on THOMAS when it's posted there. I expect it'll be up by tomorrow. (ETA: according to Alex Curtis over at Public Knowledge, the bill numbers you're looking for are S.2913 and H.R. 5889. They have PDFs which you can download, too.)

I'll have some remarks on the bill itself, once the actual text is posted. But for now, enjoy the press kit! (ETA: vanbeast tracked down the direct link on Sen. Leahy's site, so you can read it there too.)

Judiciary Leaders Introduce Bipartisan, Bicameral Orphan Works Legislation

Leahy, Hatch, Berman, Smith Introduce IP Legislation

WASHINGTON (Thursday, April 24, 2008) – Leading members of the Senate and House Judiciary Committees today introduced bipartisan, bicameral legislation to preserve so-called “orphan works” – works that may be protected by copyright, but whose owners cannot be found. Potential users of orphan works often fail to display or use such works out of concern that they may be found liable for statutory damages, amounting to as much as $150,000.

Legislation to address those concerns was introduced today in the Senate by Judiciary Committee Chairman Patrick Leahy (D-Vt.) and Sen. Orrin Hatch (R-Utah), a senior member and former chairman of the panel, and in the House by Rep. Howard Berman (D-Calif.), chairman of the House Judiciary Committee's Subcommittee on Courts, the Internet, and Intellectual Property and Rep. Lamar Smith (R-Texas), ranking member of the House Judiciary Committee. The bill is co-sponsored in the House by Judiciary Committee Chairman John Conyers (D-Mich.) and Rep. Howard Coble (R-N.C.) The legislation would enable users to exhibit orphan works if, after a thorough, documented search, the copyright owners are unable to be located. The legislation outlines the criteria for such a search, and provides for court review to determine if a search has been adequate and done in good faith. If the copyright owner later emerges, the user must pay reasonable compensation to the owner. The bill also includes provisions to further protect owners of these orphaned copyrights, should any user exhibit bad faith.

“This legislation will help bring together potential users and owners of orphan works,” said Leahy. “But also as important, it will allow the public to view works that may remain orphaned. A Vermonter can restore a family photograph from three generations ago, even when the original photographer is no longer available to give permission. With this bill, we can preserve important parts of our personal and national heritage, without giving a free license to infringe on established copyright protections.”

“There are thousands of artistic creations around the country that are effectively locked away and unavailable for the general public to enjoy because the owner of the work is unknown. Identifying the owner of a copyrighted work is difficult in many cases and represents a huge liability to those who would bring the work into the public domain without permission,” Hatch said. “This bill represents a commitment from Congress to unlock orphan works so the general public may once again enjoy them.”

“Too many valuable works are unused because their creators are unknown, and potential users fear excessive liability,” said Berman. “We must act to lower the legal barriers that keep these works from the public.”

“Millions of copyrighted works are effectively ‘locked up’ and unable to be enjoyed by the public due to our current copyright system,” said Smith. “As a result, investments in new works and expositions by libraries, museums and others are frequently not undertaken due to the possibility of lawsuits and large statutory damage awards. By placing reasonable limitations on liability, while ensuring that owners receive compensation for the use of their works, the bills introduced today will help reduce uncertainty and encourage creativity.”

Leahy, Hatch, Berman and Smith have longstanding interests in intellectual property issues, and have introduced copyright legislation in the 110th Congress, including a bipartisan, bicameral bill to reform the patent system.

Statement of Senator Patrick Leahy

On Introduction of the Shawn Bentley Orphan Works Act of 2008

April 24, 2008

Today, I join once again with Senator Hatch to introduce a bill that will have a significant and positive impact on our cultural heritage. Hundreds of thousands of so-called “orphan works” – works that may be protected by copyright, but whose owners cannot be indentified or located – are collecting dust. Despite tremendous interest in using these orphan works in new collections and new creations, they often languish unseen, because those who would like to bring them to light, and to the attention of the world, fear the prospect of prohibitively expensive statutory damages. In other instances, the copyright in an orphan work may have expired, but potential users lack the information to be certain of the propriety of going forward with its use.

The Shawn Bentley Orphan Works Act of 2008 will remedy this situation. It will help potential users of orphan works find the owners of those works, and it will help the owners to receive compensation. The works will no longer be orphans; their owners will reap the financial benefits of their use, while the public reaps the creative benefits. More creative works will be used, contributing to our cultural and artistic heritage, and more creators will receive compensation for use of their work.

Our legislation permits the use of an orphan work only if the potential user performs and documents a good faith search for the copyright owner. If users cannot locate and contact copyright owners, they may use the orphan work. But if copyright owners later make themselves known, and if users have performed a search that qualifies under this legislation, owners are entitled to reasonable compensation. The user will not be liable for full statutory damages in those circumstances, but if a user does not perform that good faith search, the user will face up to $150,000 in statutory damages.

In practical terms, then, what does this mean? It means that a woman in Vermont can restore a wedding photograph of her grandparents, even if she cannot locate the photographer to get permission to do so. It means that a library can display letters of American soldiers wrote during World War II, even if the library cannot contact the soldiers or their descendents. It means that museums can exhibit Depression-era photographs, even if they cannot determine the name of the photographer.

What this bill does not do is create a “license to infringe.” In any of the above instances, if the users do not conduct a good faith search for the copyright owner, those users are in the same boat they are in now when it comes to infringement. This bill does not change the basic premise of copyright law: If you use the copyrighted works of others, you must compensate them for it. As an avid photographer, I understand what it means to devote oneself to creative expression, and I applaud anyone with the talent and commitment to make a living doing so. Orphan works are too important to our families, our communities, and our culture to go left unseen and unused.

I thank Senator Hatch for his help in developing this legislation, and I look forward to working with him to ensure that this bill becomes law. I am especially pleased to name this bill for Shawn Bentley. Several years ago, Shawn died, tragically young, but he left behind a legacy of affection and regard for all of us who knew him. He served Senator Hatch as a counsel for intellectual property, and it was he who first inspired this effort on orphan works. Naming this bill for him is a testament to his dedication to the issue, and his value to the Judiciary Committee.

I ask unanimous consent that the full bill text be included in the Record.

SHAWN BENTLEY ORPHAN WORKS ACT OF 2008

SECTION-BY-SECTION

For Background

_____

Sec. 1. Short Title. Cited as the “Shawn Bentley Orphan Works Act of 2008”.

Section 2. Limitation on Remedies in Cases Involving Orphan Works.

In general.—The Act creates a new section 514 of title 17, which provides a limitation on remedies in certain instances of copyright infringement in which the user of the work is unable to locate the owner of the work despite having conducted a diligent search.

Conditions on eligibility. To qualify for this section, a user must (1) perform and document a good faith – but ultimately unsuccessful – search for the owner of the copyright in the work being used prior to such use; (2) provide attribution if the identity, but not location, of the owner is known; and (3) include with the use of the infringing work a symbol, indicating the author was not located, in a manner the Copyright Office will prescribe.

Pre-litigation requirements. If the owner later emerges and provides notice of infringement to the user, the user must negotiate reasonable compensation in good faith and render any such compensation agreed upon in a timely fashion.

Requirements in litigation. If the owner files an action for infringement, the user must assert the right to a limitation on remedies under this section in its initial pleading; consent to, or be held to be subject to, the jurisdiction of the court; and provide documentation of the qualifying search to the owner at the time of the initial discovery disclosures.

Qualifying searches. A court, in determining whether a search is diligent, shall consider factors including whether (1) actions taken in a search are reasonable and appropriate in a given situation, (2) the infringer employed the applicable best practices maintained by the Copyright Office, and (3) the search took place immediately prior to use. The fact that a work lacks identifying information pertaining to the owner is not sufficient to meet this standard.

The Copyright Office is charged with maintaining publicly available statements of best practices. The statements of best practices may include using Copyright Office records, private registries, industry practices and guidelines, technology tools, and electronic databases, which may require a charge or subscription fee.

Limitation on remedies. If the user qualifies for a limitation on remedies under this section, but the user and owner do not agree on reasonable compensation, a court may determine and award reasonable compensation, defined as the amount to which a willing buyer and a willing seller would have agreed immediately prior to use.

No award of damages may be made if the user is a nonprofit educational institution, museum, library, archive, or a public broadcasting entity and such user can demonstrate that the infringement was not performed for direct commercial advantage; the infringement was primarily educational, religious or charitable in nature; and, the user promptly ceased infringement after receiving notice. Proceeds directly attributable to the use may be awarded to the owner.

A court may impose injunctive relief except in the case of a work that has been recast or integrated with a significant amount of the infringer’s original expression.

The limitations on remedies under this section are not available if the infringer asserts it is not subject to the courts of the United States for an award of damages and refuses to pay reasonable compensation.

Preservation of other rights, limitations and defenses. This section clarifies that other rights, limitations and defenses, such as fair use, are preserved and ensures that if a statutory license is applicable to the use, that provision applies instead of this section.

Derivative works and compilations. This section clarifies that a user who qualifies under this section shall not be denied copyright protection in a compilation or derivative work based on the orphan work contained in the compilation or derivative work.

Section 3. Database of Pictorial, Graphic, and Sculptural Works. The Copyright Office must create and undertake a certification process for the establishment of electronic databases of visual works. Certain requirements for any such registry are prescribed. The Copyright Office will post a list of all certified registries on the Internet.

Section 4. Effective Date. The Act has a staggered effective date. For pictorial, graphic, and sculptural works, the effective date will be the earlier date of (a) the date on which the Copyright Office certifies at least 2 separate registries under Section 3, or (b) January 1, 2011. For all other works, the effective date will be January 1, 2009.

Section 5. Report to Congress. The Register of Copyrights must report to the House and Senate Judiciary Committees on the implementation of the Act by December 12, 2014.

Section 6. Study on Remedies for Small Copyright Claims. The Register of Copyrights must conduct a study to determine the feasibility of instituting a small claims procedure for instances of infringement involving smaller amounts of monetary relief. The Register shall present a report on the study, including any legislative suggestions, not later than 2 years after the date of enactment.

Section 7. Study on Copyright Deposits. The Comptroller General must conduct a study examining the function of the deposit requirement in the copyright registration system and report to Congress within 2 years after the date of enactment, making any administrative, regulatory or legislative recommendations.

###

The Orphan Works Act of 2008 still doesn't exist; try again Thursday

2008-04-23T22:04:31Z

People. Really. When are you going to learn?

The Illustrators' Partnership is at it again, claiming that they've been sent a draft of the Orphan Works Act of 2008. (No THOMAS link provided, because guess what -- there's not one.) "They haven’t officially released it yet," they claim, "but we’ve been told the Senate will do so this week."

O RLY? Time to do a little digging.

See, the thing to understand about Congress -- indeed, any legislature -- is that it's full of rumors. The entire U.S. legislative branch, from the Speaker of the House down to the lowest congressional page, is as gossipy as a high school lunchroom. Legislators like to know what their fellow legislators are up to, and if you want to substantiate a rumor, the best thing to do is to talk to someone on the right committee.

I picked up my trusty mobile phone and looked up the Senate Subcommittee on Intellectual Property. Why, look at that -- one of my Senators, Dianne Feinstein (D-CA), sits on it. I figured I'd start with her office, since I bug them pretty frequently about issues I care about -- they might even know my voice by now. A cheerful staffer picked up on the second ring, and I introduced myself and explained what I was looking for. She couldn't find anything in their database (not surprising, since neither could I), and just to make sure we were on the same page, I pointed out that I was looking for a bill that hadn't been introduced yet, but which I'd heard was likely to be introduced this week, and asked whether anyone on Sen. Feinstein's staff had heard anything about it. She put me on hold, and came back a few minutes later to apologise; no one in the office knew anything about it. I thanked her for her time, and hung up.

Strike one.

Next step: the head of the Subcommittee on Intellectual Property, Sen. Orrin Hatch (R-UT). Unfortunately, no one in Sen. Hatch's office was around. (This happens when you call close to 5pm Eastern time.) I tried one of his state offices, but they said I'd need the Washington office to help me. Oh well. I'll try them tomorrow.

Ball one.

Next step: the ranking Democrat on the Subcommittee on Intellectual Property, Sen. Patrick Leahy (D-VT). (He's also the head of the Committee on the Judiciary, to which the Subcommittee on Intellectual Property belongs, which makes him a good bet for information.) This time, I got a guy who searched through the records, again couldn't find anything, and suggested I talk to somebody in the office of the Committee on the Judiciary. I thanked him and let him route the call.

Strike two.

The staffer for the Committee on the Judiciary searched through everything they had, still couldn't find anything, and said I could talk to their press secretary if I thought that would help. I said sure, it was worth a try, so he tried to raise her on the phone, but only got her voicemail. I left her a message explaining the situation (bill hasn't been introduced yet, heard it was going to be introduced this week, any information on it would be awesome, thanks), left my phone number, and hung up.

Half an hour later, the press secretary for the Senate Judiciary Committee called me back. (Now that's service!) She said that the bill was probably going to be introduced tomorrow, and she'd be happy to send me a press kit about it. I gave her my email address, and inquired as to who will be sponsoring it. As it so happens, the sponsors will be Sen. Leahy and Sen Hatch. I expressed my surprise, since the person I'd talked to at Sen. Leahy's office hadn't known about it, and she said it was probably because the other guy wasn't a Judiciary Committee staffer; she only knew about it because she was. Ok, no big deal then.

Saved by the bell! As I said before, a phone call to someone on the right committee will substantiate (or disprove) any rumor. Your legislators have their phone numbers on the Internet for a reason -- when you have questions, call them.

Still, no points to the Illustrators Partnership for saying "OMG THERE'S A BILL" but failing to disclose the sponsors or how people can get information about it for themselves. As I've said here and elsewhere, my only dog in this fight is making sure that people can get the information to make informed decisions. I'm not a fan of organisations who say "trust us, we have the data, we've interpreted it, no need for you to worry your pretty little heads over what it actually says, just listen to what we say and repeat our take on it to all your friends." A responsible organisation will give you the source material so that you can make your own decisions.

And now I'll do just that. For starters, here's all the contact information for the Senate Committee on the Judiciary. I spoke with Erica Chabot, Judiciary Press Secretary for Sen. Leahy. Give her a call at (202) 224-2154 and she can hook you up with the press materials. (I haven't received them yet; I expect them some time tomorrow.)

You can also contact the offices of Senator Patrick Leahy (D-VT) and Senator Orrin Hatch (R-UT), who are co-sponsoring the Senate bill. Note that I got farther with the Judiciary Committee itself than with Sen. Leahy's office, but once the bill's actually introduced, you'll want to contact its sponsors and the members of the Subcommittee on Intellectual Property to give them your opinion.

If the bill is introduced in the Senate tomorrow, then it should be in THOMAS by Thursday morning. I'll be keeping an eye out for it, and will post at length about it once I've had a chance to read through it. (I also owe the Illustrators' Partnership a response to their response to "Six Misconceptions About Orphaned Works", but I have this thing called a "day job" that keeps me a little busy.)

More later.

Quote of the night

2008-04-22T03:59:32Z

Penn Jillette, during the marijuana episode of Bullshit!, talking about the US federal government's opposition to California's medical marijuana laws: "That's crazy! Is everyone fuckin' high but us?"

And now for something completely different

2008-04-15T20:38:11Z

Today's dear brain, what the hell? moment: realising that the verses of Tom Lehrer's Alma can be sung to the tune of Take This Waltz by Leonard Cohen. (Not the chorus, just the verses. But still. 3/4 time, you're a slut.)

Copyright-Related Bills That Actually Exist

2008-04-14T09:31:42Z

In my previous post, I mentioned GovTrack, a nifty, free watchdog service which provides a more user-friendly interface to THOMAS (the Library of Congress's archive of events in current and previous sessions of the United States Congress). With the tools there, you can follow individual Representatives or Senators (they're your representatives, make 'em represent you!), individual bills (so if there's one particular bill whose progress you want to watch, you can track it easily), or issues you care about (by subject or committee. You can do all your tracking through the site, or use RSS feeds of things or people you're interested in, or even sign up to get alerts via email.

Unsurprisingly, one of the most-watched subject areas is copyright. For those of you who are interested in what copyright-policy-related issues actually are up before Congress right now, here's a quick, biased-toward-things-I-find-interesting rundown:

S. 1642, Higher Education Amendments of 2007. Section 477 would require colleges and universities to inform students that "unauthorized distribution of copyrighted materials, including unauthorized peer-to-peer file-sharing, may subject the students to civil and criminal liabilities," as well as requiring schools to provide students with a description of their policies on file-sharing and of penalties for violating federal copyright law. Passed the Senate in July 2007, doesn't seem to be scheduled in the House yet.
H. Res. 314, Supporting the goals of World Intellectual Property Day, and for other purposes. This is just a resolution, not a bill; it doesn't propose any changes to federal law. It basically just says "yay intellectual property, intellectual property is great, the House of Representatives thinks World Intellectual Property Day is a good idea." Since it's just a resolution, not actually a bill, it won't go on to the Senate if the House passes it, and the President won't have to decide whether to sign it. But, hey, it's on the calendar.
H.R. 3746, the College Access and Opportunity Act of 2007. This is very similar to S. 1642, above; in this bill, section 484 talks about the same kind of information-providing requirements. This kind of thing happens a lot in Congress -- the House and Senate will almost simultaneously produce very similar bills, they'll get voted on separately, and eventually one of them will vote to approve the other house's bill. Introduced in October last year, not scheduled for debate yet.
H. Res. 414, Expressing the sense of the House of Representatives that foreign governments should work diligently to legalize all computer software used by such foreign governments, and for other purposes. Another resolution which won't directly affect U.S. law, but which may influence how we interact with other countries. It exhorts foreign governments to follow WTO agreements, the Berne Convention, and the WIPO Copyright Treaty with regard to how they (as in, the governments themselves, not necessarily citizens of their countries) use copyrighted software. Introduced May 2007, not scheduled for debate yet.
S. 1353, the Internet Radio Equality Act of 2007. This one is pretty interesting: it's basically the legislative branch attempting to overturn some actions the executive branch took in early 2007 with regard to royalties that web radio stations must pay to content owners. It also proposes that these changes be written into law. Should be of interest to anyone who's involved in producing web radio, whether you're doing it commercially or whether you're just one guy with a copy of Shoutcast. (For instance: did you know that under current law, to be considered a "noncommercial webcaster", you actually have to apply to the IRS for a tax exemption? This stuff is pretty thorny.) H.R. 2060 is quite similar to this one; both have been introduced to their respective houses, neither has been scheduled for debate yet.
S. 760, the Four Corners Television Act of 2007. Would make it less of a hassle for cable and satellite providers to rebroadcast TV transmissions originally broadcast in state capitals to more remote areas of the state. S. 124, the Satellite and Cable Access Act of 2007, is a competing Senate bill. (That happens sometimes.) S. 258 is also quite similar, but more general, and worth looking at for the interesting issues it brings up -- it allows satellite carriers to rebroadcast content to far-away subscribers even if they've done so illegally before. Introduced last March, not scheduled yet.
H.R. 1689, the Curb Illegal Downloading on College Campuses Act of 2007. If passed, this bill would let the Department of Education give colleges and universities money that they could use to make it harder for students to use campus networks to illegally download copyrighted material. This is a really short bill, and doesn't go into any kind of detail about what sorts of policies or programs schools can or can't implement. The concept of fair use is never mentioned anywhere in the bill. In practice, I wouldn't be at all surprised if schools ended up getting grants from the Department of Education and spending them on RIAA propaganda materials. I'll be watching this one pretty closely. OTOH, it went to the Committee on Education and Labor last March and hasn't been amended or scheduled. This will be a short legislative year thanks to the election; I bet this one dies in committee.
H.R. 1524, the Artist-Museum Partnership Act. S. 548 is basically the same thing. Would allow artists, writers, musicians and scholars to donate their works to certain types of nonprofit organisations (e.g., museums) and claim it as a deduction on their taxes. This one's been hanging out in the House Ways and Means Committee and the Senate Committee on Finance since early last year.
S. 256, the Perform Act of 2007. Also deals with royalties for playing music on the radio, though this one would apply to ordinary FM and AM radio as well as web radio. There's a weird little clause in here, in section 2(c), which I find rather troubling: it requires broadcasters to use technology (read: DRM, though I don't quite get how) to "prevent the making of copies or phonorecords embodying the transmission in whole or in part, except for reasonable recording." What's "reasonable recording", you ask? Well, they define it later. A "reasonable recording" is private and noncommercial, for starters -- ok, that's fine, that's fair use. But the bill doesn't want you, in the privacy of your own home, to be able to (for instance) use software that automatically records only the tracks from a web radio station that match a list of artists you like. (Apparently it's okay for me to listen to "Goth Hits of the '80s" and manually start recording every time a Cure track comes on, but if I write a program to listen to the stream for me and start recording when the word "Cure" appears in the artist field, that would be illegal under this bill.) But it gets worse: a "reasonable recording" is also one that's encumbered with DRM preventing me from redistributing it to anyone, or even to my iPod. (If I have a "secure in-home network", like a set-top box, that's okay, but not my iPod. WTF.)

What I find most offensive about this part of the bill is that it doesn't take into account the desires of individual artists. For instance: I listen to Jonathan Coulton's podcast. iTunes downloads it for me, automatically, every time Jonathan posts a new podcast. Jonathan releases his music under Creative Commons, meaning that he's quite happy for me to go around giving copies of his music to whoever I want. Now, maybe podcasts don't count as "transmissions" under this interpretation of the law, but what if I find an "all Creative Commons works, all the time" web radio station, and decide I want to round out my Jonny C collection by automatically capturing every Coulton track the station plays? Illegal, if this bill passes.

I don't like this bill because it casts a "chilling effect" on innovation. Why prohibit me from capturing just the tracks I want (if the creators are okay with that), and redistributing them if the creators are okay with that? It's an attempt to bring the hammer down on copyright infringement in a way that also prohibits non-infringing behaviour, and that's not cool in my book.
Moving on, S. 522, the Intellectual Property Rights Enforcement Act. This one would establish a task force to crack down on the international trade and domestic importing of counterfeit goods, e.g. medicines, DVDs, mechanical parts, purses, &c. Sent to the Committee on the Judiciary last February, hasn't left yet.
H.R. 1201, the Freedom and Innovation Revitalizing U.S. Entrepreneurship Act of 2007. This one would fix a lot of broken stuff in the Digital Millennium Copyright Act. If passed, it would be legal to circumvent DRM, break encryption, or otherwise defeat copyright protection for the purpose of doing something non-infringing with the content involved -- for instance, a teacher could use DeCSS to decrypt a couple of DVDs in order to use segments of them in a video for the classroom, or you could remove DRM on music you've bought in order to make it playable on an MP3 player which doesn't support that kind of DRM. It's also on the pile for the Committee on the Judiciary. (They're busy guys.)
Finally, S. 1957, the Design Piracy Prohibition Act. Same thing as H.R. 2033. It would extend copyright protection to fashion design, and establishes a bunch of definitions and policies related to how that would work.

(I skipped a couple of bills which don't appear to have anything to do with copyright policy, e.g., appropriations bills affecting the Copyright Office.)

Anyway, the summaries and text are all right there for you to read. These are actual bills before Congress right now, so if there are any you particularly support or dislike, then let your elected representatives know! It's a much better use of your time than railing about things Congress isn't even looking at.

Six Misconceptions About Orphaned Works

2008-04-12T19:27:02Z

My friends list today has been swept by a storm of fear, uncertainty and doubt surrounding this article by Mark Simon on Animation World Network about the issue of orphaned works. "Orphaned works" are creations likely still under copyright -- photographs, illustrations, written works, music, &c. -- for which the original creator cannot be found, and thus their copyright status cannot be determined. Orphaned works present a thorny problem in today's litigious society, because when the question of "who owns X?" can't be answered, very few people are willing to do anything with X if they fear that they'll be sued for it.

For instance, suppose that you have your parents' wedding album, and the photos in it are starting to fade. You go to a photo shop to get the pictures scanned and digitally retouched, so that you can save them on DVD to show your kids in ten years. However, the copyright on those photos belongs to the photographer, not you or your parents. The photo shop tells you that unless you can get permission from the copyright holder, they can't do anything with the photos. Do you know who your parents' wedding photographer was? Do they remember? What if the company the photographer worked for has since gone out of business, and nobody can track down the individual person who took the photos? The pictures are "orphaned works", and no one knows who owns the rights on them.

Or what if you're cleaning out your great-aunt's attic, and you find a box full of pictures of your town as it was 100 years ago? The local history museum would love to add them to its collection -- but it can't, unless you, your great-aunt, or somebody can track down the original photographer and secure his or her permission (or the photographer's estate's permission, if the photographer's dead) to donate the photos. (Copyright in the United States lasts for life of the creator plus 75 (EDIT: 70, for works created today, older works are weird, see here for details; thanks for the correction, internets) years, so chances are, even 100-year-old photos are still under copyright. Thank Disney for that one, guys.)

But Mark Simon apparently believes that enacting legislation to handle orphaned works in a way that protects people who legitimately try to find the original copyright holder, but can't, will lead to the effective invalidation of copyright on ALL UNREGISTERED ART EVERYWHERE OMGZ CALL OUT THE CAVALRY. His article, which I linked above, is miserably poorly researched, jumps to completely illogical conclusions, and, most retardedly of all, implores artists to letterbomb Congress in protest of proposed legislation which does not actually exist. Someone please tell me where this guy is getting the crack he's smoking, because I want to avoid that streetcorner and everything in a six-block radius, kthx.

So, here are six misconceptions that are making the rounds about orphaned works, and a short explanation of why each one is a misinterpretation or just a flat-out lie. I also give links to useful supporting material, and resources you can use to keep track of this issue as it evolves.

1. "There's legislation before Congress right now that will enact major changes in US copyright law regarding orphaned works! We have to act immediately!"

Actually, no, there isn't. Even the Illustrators Partnership admits this, so I don't know where Mark Simon gets this idea. There may very well be a bill introduced this legislative session, but no such bill has surfaced yet. That gives you, artists and authors, time to get familiar with the actual legislative landscape, research what might be proposed in a bill, and decide for yourself what position to take.

Back on March 13, Marybeth Peters, the Register of Copyrights, made a statement before the House Subcommittee on Courts, the Internet, and Intellectual Property. It discusses orphaned works in detail, and mentions previously proposed legislation that expired when the 2006 House session closed. It was never voted on.

I advise everyone to read Ms. Peters' statement. It's long, but it's in plain English. (Okay, she does like to use big words. But it's not legalese.) If you read it, you'll see that the Copyright Office is in fact concerned about how to handle orphaned works in a way that's fair to original copyright holders. I especially recommend you read the section titled "The Proposed Solution". Read it carefully. It's pretty clear that Mark Simon didn't.

If you want to keep an eye out for upcoming legislation that might affect this issue, THOMAS is a great place to start. I'm also a big fan of GovTrack, which scrapes THOMAS and sorts bills into categories based on topic -- you can even get RSS feeds of bills related to the topics of your choice.

2. "If I want the copyright on my art to be recognised, I'll have to pay to register each piece!"

That isn't the case now, and it isn't likely to be the case even if an orphan works bill passes. In current copyright law, copyright protection exists "from the time the work is created in fixed form" -- in other words, the instant I hit "post" on the form I'm typing this blog post in, the instant you step away from the canvas, the instant you hit "save" in Photoshop, that work is "in fixed form" and protected by copyright. This applies to all literary, musical, dramatic, choreographic, pictorial, graphic, sculptural, video, audiovisual, and architectural works, as well as sound recordings.

The Copyright Office considered the idea of a registry, but shot it down (emphasis mine):

In our study of the orphan works problem, the Office reviewed various suggestions from the copyright community. These included creating a new exception in Title 17, creating a government-managed compulsory license, and instituting a ceiling on available damages. We rejected all of these proposals in part for the same reasons: we did not wish to unduly prejudice the legitimate rights of a copyright owner by depriving him of the ability to assert infringement or hinder his ability to collect an award that reflects the true value of his work.

In the same paragraph, Ms. Peters also noted that the Copyright Office finds it important for any new legislation to cover both published and unpublished works. Existing copyright law, as we saw above, covers all works from the moment of their creation.

It is already possible to register a copyright with the US Copyright Office. It is not required, but registering a copyright gives you a few advantages in the event that someone illegally copies your work. If your copyright is not registered, you may claim "actual damages and profits" -- i.e., the value of the work. (I think this also means that you can recover whatever profits the infringer made by using your work illegally, but I'm not sure about that, and I'm not a lawyer, so don't quote me on that one.) If your copyright is registered, you may also claim statutory damages (between $750 and $30,000 per work -- up to $150,000 per work if you can demonstrate that the infringment was willful, i.e., the infringer knew the work was copyrighted but used it anyway) and attorney's fees -- in other words, if you win the case, the infringer has to pay your lawyer for you. (Whee!)

But, again, there is nothing that indicates that registration will be required. Either Mark Simon read Marybeth Peters' statement wrong, or he made it up.

3. "If I don't pay to register my copyright, anyone in the entire world will be able to use it for free!"

Nope. There is nothing on the table that suggests that the US will be pulling out of the Berne Convention, which is the international treaty which governs copyright provisions between countries. Marybeth Peters certainly isn't suggesting it.

Now, Mark Simon seems to be flipping his shit over Ms. Peters' recommendation of

a framework whereby a legitimate orphan works owner who resurfaces may bring an action for “reasonable compensation” against a qualifying user. A user does not qualify for the benefits of orphan works legislation unless he first conducts a good faith, reasonably diligent (but unsuccessful) search for the copyright owner.

Perhaps he's envisioning a scenario where a user spends five minutes googling, comes up with nothing, calls that a "good faith" search and forges ahead with an infringing use. That's not going to fly before the court; the user will have to detail how he conducted the search, and if the copyright owner can demonstrate that no, actually, it is quite easy to find the work's original owner, the "good faith" provision doesn't apply. And even if the "good faith" provision does apply, the Copyright Office recommends that the user should still have to compensate the owner for a reasonable amount.

It's all there in writing, folks. This isn't that hard.

Now, the Copyright Office also proposes a "safe harbor" provision for very specific cases:

a safe-harbor for certain limited uses performed without any purpose of direct or indirect commercial advantage. The exception would apply only where the user ceased infringement expeditiously after receiving notice of a claim for infringement.

In other words, if someone infringes your work for nonprofit purposes and you pop up and say "um, no, that's mine," they must immediately take it down. Otherwise, the safe harbor provision does not apply, and they must compensate you for their use of the work. Furthermore, if they don't immediately take it down, they're also subject to the No Electronic Theft Act, which sets out the damages I described above and also establishes criminal penalties for copyright infringement, even when no money changes hands. Nobody is suggesting that the NET Act should go away either.

The basics are, well, pretty basic. An orphaned work is a work for which no legitimate rights-holder can be found. If the legitimate rights-holder resurfaces, it is not an orphaned work any more. Plain and simple.

4. "Someone else could register the copyright on my work, and use that against me!"

Nope. Under US copyright law, only the author of a work, a person or organization that has obtained ownership of all the rights under the copyright initially belonging to the author, the owner of exclusive rights (i.e., someone to whom you have transferred copyright under a "work for hire" agreement), or the duly authorized agent of one of the above may file for copyright registration.

Again, I'm not a lawyer, so I can't speak with any authority on what happens if somebody illegally registers a work for which they don't own the copyright. An illegally registered copyright will almost certainly have its registration revoked (freeing you up to register it yourself, if you so desire). The application form also states that "any person who knowingly makes a false representation of a material fact in the application for copyright registration .... shall be fined not more than $2500." Check out Title 17 of the United States Code, section 506(e) if you want to know more.

5. "If I don't track down people who are illegally using my copyrighted works, I'm SOL!"

Honestly? This is the state of things already. As I pointed out to karine, the Copyright Office does not employ an elite squad of cybercops searching night and day for infringing uses of copyrighted works. They don't have that kind of money. Identifying infringing uses, sending the infringer a takedown notice, and bringing legal action if the infringer refuses to stop infringing are already your problems. They will continue to be your problems for the foreseeable future.

I've also heard some FUD claiming that if someone infringes your copyright and you don't catch them within a certain period of time, you won't have any legal recourse. I have no idea where this misconception came from, but it's also wrong. The important thing to remember here is that copyright is not trademark. Trademarks can be lost if they're not enforced, but copyright is forever (ok, life plus 70). "Well, so-and-so infringed and you didn't sue them!" is not a legitimate defense. Neither is "I've been using this for the last N years and you never said anything!" If you catch someone infringing your copyright at any point in your life, or your estate catches them at any point up to 70 years after the date of your death, you do have legal protection.

6. "Displaying my artwork anywhere means that it automatically becomes orphaned, and anyone will be able to use it!"

This is quite possibly the most ludicrous claim that's being bandied about. According to the Copyright Office, public display of a work does not even constitute publication -- you have to sell copies, or tell other people they can distribute copies, in order for the work to be considered "published". (EDIT: what I tell you three times is true, I am not a lawyer. The Copyright Office's FAQ does not opine about content displayed on the Internet, but you're probably better off disallowing redistribution anyway if this is something you're concerned about.)

Furthermore, as we've discussed above, a work need not be registered with the Copyright Office, or with a private registrar, to be covered by copyright, so if someone infringes on your work and you send them a takedown notice, the work is not orphaned. Full stop. I cannot repeat this enough times.

Copyright is automatic and does not change unless you transfer your copyright to someone else, die (in which case it's automatically transferred to your estate), or commit the work to the public domain. "Orphanedness" is a state which gets removed when the copyright holder speaks up. Even placing a work under a distribution license, such as a Creative Commons license, doesn't change the fact that you own the copyright.

Also, for those of you considering formal registration with the Copyright Office to have the option of statutory damages, here's a neat loophole you can use. Unpublished works can be registered as a collection, as many works in the collection as you want, in a single filing, for one filing fee of $35. Since merely putting your artwork up for display on the Interwebs doesn't constitute "publication", you could register "All My Artwork From The Last Ten Years" as an unpublished collection for a whole $35, and sue the pants off anyone who infringes anything in that collection. (This would also be a fun way to test whether the Copyright Office considers works displayed on the net to be unpublished. If you try this out, do let me know!)

---

I hope this addresses any fears you might have about orphaned works and the sort of legislation that might come up regarding them. If you have any questions, please feel free to comment and I'll do my best to answer them. Likewise, please feel free to link this article or reproduce it in full or in part; I am placing it under the Creative Commons Attribution-Noncommercial-ShareAlike 3.0 United States license.

kynn also has some cogent observations about orphaned works, Mark Simon, his sources, and some follow-the-money fun here.

[Code Friday] The Last Jackass Problem

2008-04-10T12:18:18Z

Readers of this blog may recall a situation I refer to as the Next Jackass Problem. In brief: if you find yourself doing something particularly clever or esoteric in your code, you'd better be damn sure you document it thoroughly -- not only why you did it, but what you did and how, so that the next jackass who has to maintain your code can understand it, because 99% of the time, the next jackass is you, six months later.

I've run into an interesting (as in "may you live in ~ times") variant on this, which I call the Last Jackass Problem: when you're supporting a legacy library/OS/what-have-you, and there's a nice way to handle it with the current tools but no nice way to do so with the legacy ones.

In this case, I needed to programmatically tell iTunes to open a file. This is presumably pretty easy in Leopard, thanks to the magic of the Scripting Bridge. However, I'm also supporting Tiger, which does not have this magic. Happily, there's appscript, a nifty event bridge which encapsulates all the gory Apple Events foo that talking to scriptable apps requires. So presumably, if you have a file path, you can do the following:

ITApplication *iTunes = [[ITApplication alloc] initWithName:@"iTunes.app"]; [[iTunes play:filePath] send];

This programmatically constructs a reference to iTunes to which you can send commands, then constructs a command to play the file at filePath and dispatches it. Easy? Should be. Except for one thing: on OS X, there's more than one type of path: POSIX paths and HFS paths. POSIX paths are the ones anyone who's spent five minutes with UNIX should know: /path/to/file.ext. HFS paths are the old-school ones that you probably haven't seen unless you've been playing with Macs for a long time or actually use AppleScript: Macintosh HD:path:to:file.ext. And at least under Tiger, some scriptable apps expect HFS paths. (iTunes is one of them. I hear Finder is, too.)

Unfortunately, there does not seem to be any straightforward Cocoa way to convert POSIX paths to HFS paths. But you can tap into the guts of Core Foundation and do the following:

NSURL *ref = [NSURL URLWithString:filePath]; NSString *converted = (NSString*) CFURLCopyFileSystemPath((CFURLRef)ref, kCFURLHFSPathStyle);

That looks like a lot of typecasting, and frankly, for two lines of code, it is. Happily, though, it's safe: NSURL and CFURL are toll-free bridged for no-hassle conversion, as are NSString and CFString (what CFURLCopyFileSystemPath returns).

Nota bene: I have not actually tried the Scripting Bridge approach to this problem. I sincerely hope it silently converts POSIX paths to HFS paths where necessary, in order to prevent headaches of this sort. (chanson, any remarks there?) But for those of you doing any kind of Cocoa-based application scripting without the help of the Scripting Bridge, at least now you know. (And do please document your code for the next jackass.)

Catching up; also, silliness

2008-04-07T10:57:05Z

Some time back, I had promised to post the final version of "Freezing More Than Bits: Chilling Effects of the OLPC XO Security Model", coming soon to a USENIX Workshop on Usability, Psychology and Security near you (assuming you live in SF). The COSIC archive has the PDF right now, or you can wait until April 14th to snag the HTML version or the PDF version from USENIX directly (they're password-protected at the moment, but will be open after the conference). Or, if you just absolutely cannot wait and must read it right now but only in HTML dammit, somehow Google's cache has it anyway. (You'll have to hit 'cancel' a few times, as there were a few LaTeX elements that got translated to images and didn't make it into the cache, but, whatever.)

Personal point of amusement: it appears that we have introduced the term "aluminum-briefcase cryptanalysis" into the literature. I'm pretty surprised by this, as I was dead sure I'd heard it elsewhere in the cypherpunk community ("black-bag cryptanalysis" == stealing the keys, "aluminum-briefcase cryptanalysis" == bribing someone to give you the keys, "rubber-hose cryptanalysis" == beating the hell out of the guy with the keys until he gives them to you), but apparently it hadn't been written down before. That seems to be fairly commonplace for things that originated in the cypherpunk world.

Also I would like to have it known that enochsmiles has taken it upon himself to wander around the apartment carrying an aggregate ~35 pounds of cats. There are loud crashing noises coming from the bedroom right now. Colour me entirely unsurprised.

Things Gustav Holst was never expecting, #412

2008-04-02T18:43:47Z

I never really thought of The Planets as the soundtrack for spacesploitation pulp, but apparently someone at Westminster Gold thinks otherwise.

Dig the pose, the bustier and the tighty-whities on raygun-girl there. I feel like this is actually supposed to be the cover to the long-lost John Norman novel, Orchestral Suite of Gor.

(Image courtesy JAH. Where he got it, I have no idea; he only sent me the static link, not the actual Flickr page.)

maradydd @ 2008-04-02T07:13:00

2008-04-02T14:16:25Z

Both the NYT and Wired misprinted the name of CERN's Large Hadron Collider as Large Hardon Collider.

3090 hits on that query at the time of this writing. I'm not the first person to think this would be the best gay porn title evar, but having thought of it independently, I must lend my voice to the masses.

ioerror, you know people who can make this happen; who do I have to blackmail?

Protips

2008-04-01T23:51:27Z

The human genome takes approximately ten hours to download over a 1Mbps connexion.

A MacBook Pro power supply makes a great heating pad for middle and lower back pain. (Sit in a chair with a high, padded but not overstuffed back; wedge power supply between the chair's back and yours. Don't do this without a shirt on.)

Now that's what I call timing; also, why enemies think the same thing is hilarious

2008-03-31T12:22:15Z

I have so damn much stuff I have to get done in the next 24 hours but so help me I cannot unglue my eyes from this:

I can see why Dawkins might be a little brassed off about the video's presentation -- it's a balls-out parody of Eminem, and while Eminem does the call-to-arms thing quite well (cf. "Mosh"), his calls to arms invariably involve an element of "shut up and listen to what I say" which I find a bit disturbing. This could well be taken as a slam on Dawkins et al as well; I've heard rumours that the video is actually a viral marketing effort for Ben Stein's upcoming movie "Expelled", which promotes "intelligent design". (spider88 remarked, earlier this evening, "If so, it's backfired.") I won't be surprised if the rumours turn out to be true; equating Dawkins and Eminem as "rebel authoritarians" (i.e., "Here are my revolutionary new ideas intended to destroy the establishment, now take them as gospel and do not question, what do you mean that creates a new establishment?") is probably really funny to folks who think that modern biologists are just mindlessly parroting Darwin.

I do not think that most scientists expect people to listen to them because they are scientists. I think most scientists do expect (perhaps naively) that people will listen to their arguments, recognise that the scientist has undertaken rigorous analytical steps in order to produce those arguments, and evaluate said arguments critically and independently. I also think that most people who aren't scientists are used to people arguing from authority, and interpret scientists' matter-of-factness and lack of weasel-words as authoritarianism. They couldn't be further from the truth, but few take the time to familiarise themselves with the register in question; it's like taking offense to a phrasing which means something derogatory in your dialect but which is totally unmarked in the speaker's.

(Side-note: you will notice that I use the phrase "I think" or equivalent a lot in the remarks above. If you haven't noticed that I try rather hard to make a clear distinction in my writing between points on which I am certain and points on which I am speculating, you either haven't been reading me very long or haven't been reading me very critically, perhaps both. :P )

But anyway, where I was going with this is that I (and my LJ biologist friends thus far, apparently) cannot stop laughing when we watch this thing. Eugenie Scott in a bikini! Blunt-smoking Christopher Hitchens! Daniel Dennett in a pimp hat, waving a cane! Popping and locking Charles Darwin! And on top of all that it's just a dis track that puts Monzy to shame, capturing Eminem's lyrical stylings better than any other nerdcore rap I've seen. We computer scientists have enjoyed the fruits of nerdcore for most of its existence; the biologists have gotten the short end of the stick, even if you count MC Hawking's nods to bio.

(Side-note #2: I wonder if we have so much CS nerdcore because hackers are cocky little fuckers who like to show off and argue -- cf. all the religious wars about programming languages, for instance. [Have we seen a rap battle between proponents of static vs. dynamic or duck typing yet? There should be one. It would be funnier than mailing list arguments.] I've never seen chemists getting into throwdowns about how best to work up a reaction, but then maybe I don't hang out with enough chemists. Anyway, maybe this will kick off a new avenue of creativity in the evolution wars. The voyeur in me can only hope!)

Also, I think PZ Myers and my former boss, Andy Peek, may be long-lost twins. (I dunno. Is PZ Myers 6'3" and built like a linebacker? Some day I want a photo of them together. Evo-devo biologist and population geneticist, separated at birth?)

'Tis a silly place.

2008-03-26T23:34:34Z

(APARTMENT INTERIOR, day. maradydd, having lunched on hummus and garlic pita chips, enters the bedroom, leans over, and kisses enochsmiles on his nose.)

maradydd: I put a kiss on your nose.
enochsmiles: You put garlic in my nose.

spring cleaning

2008-03-23T00:32:01Z

Today's accomplishment: figuring out what to do with the small piles of things-to-be-put-away-later that had accreted along the far bedroom wall. Electronics gear got put in the appropriate cabinets, letters and other paperwork got filed, stuff that I really didn't need to keep after all got put away, bags collected from conferences and travel were emptied of their contents and put away in the closet on the hook where we keep bags. Bedroom floor is now entirely clutter-free, modulo a bag of laundry that needs to be washed, a hamper of laundry that needs to be folded and put away, two suitcases, my ruck, and a tall skinny box of posters which is currently tucked away behind the door (under the bed would probably also be appropriate).

The same, alas, cannot be said for my desk and dresser, which are presently piled high with stuff that was there before, plus books and CDs and other random things that were recovered from the piles-of-things-to-be-put-away-later. But the point of this little exercise was to make the floor sweepable, which it is, and it has been.

Now I shall cook cheesy beans for lunch (er, I guess it's really dinnertime now, isn't it?), and then I shall fold the clean laundry and put it away, put the contents of the bag-o-dirty into the hamper, and then I shall put/throw away everything cluttering the desk and dresser tops. (Yarn needs a filing system. Oh, Lordy, does yarn ever need a filing system.) Perhaps I shall also wash and dry the hamper-o-dirty. I will also dust. And then, saints be praised, my bedroom will actually be clean.

It also occurs to me that now that the bedroom walls are no longer lined with random crap, I can put up bookshelves and do something about the 13-ish boxes of books that were brought up from south bay and are now in the dining room. If anyone's giving away bookshelves, I'll take 'em...

maradydd @ 2008-03-21T17:51:00

2008-03-22T01:01:25Z

Only reason I haven't posted anything today is that there isn't really anything newsworthy going on.

procrastination

2008-03-21T01:33:17Z

I don't suppose anyone in SF who's reading this right now could give me a lift to and from SFO in about an hour and a half.

I can transit there and cab back (with boy and his luggage), but I am feeling cheap. Man, I wish my car still worked.

ETA: (7:10pm) Sorted; thanks foxgrrl!

Notes from the road

2008-03-18T02:08:59Z

Denver International Airport, Terminal B is officially my new favourite airport or portion thereof. A two-hour layover is so much more tolerable with good brats, a good pale ale, and free wi-fi.

Recap

2008-03-11T05:34:49Z

Meeting today: awesome.

Sushi and coffee with my old housemate semanticdm05, who's in town for a week of training: awesome.

Life in general: pretty fucking awesome.

thumps chest

2008-03-10T09:36:56Z

I just wrote a Javascript hover menu all by my little self, not from a library, using no example code. It looks pretty nice, too.

The Tuna of Desperation

2008-03-09T05:46:53Z

I am le tired ("So take a nap. Zen fire ze missiles!"), and while I did manage to get out and acquire Red Bull for the morning, I completely spaced on acquiring catfood. I love my cats dearly, but I am just too beat to hell to summon up the energy to go out yet again. Plus, the best I could do at this hour would be Iams from the Safeway hell and gone from here; I could maybe force myself to stumble down the block and get catfood at the corner store, but it would be bad dry catfood in a small overpriced box, and I'd rather not inflict that on the beasts of the house.

miss_education was over here helping me with some javascript foo, and we have come up with a name for the canned tuna that one feeds the cats when one is too wiped to go acquire proper catfood: the Tuna of Desperation. Well, hey, at least they like it.

And according to miss_education, it beats the alternative that her roommate has come up with in the past: pouring a big bowl of dry kitty treats, calling her up, and telling her, "Kitty's having Doritos tonight. You might want to get some more catfood." I cannot stop laughing.

Taking out the trash

2008-03-08T15:10:53Z

If you have a whole lot of VHS (or Beta, or 3/4", or cassette, whatever, just has to be magnetic) tapes you're not ever going to use again, and would like to get rid of them, please speak up. I need a metric asston of them for an upcoming project, and will be glad to take them off your hands.

Some whine for my new favourite cheese

2008-03-05T22:01:48Z

Damn you, $27/lb cheese, why must you be so very very very tasty?

(It's a porter Cheddar made with Guinness. Think dry white Cheddar marbled -- yes, really, marbled, in the manner of a tabletop -- with dark brown streaks-o-beer. Jesus wept.)