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Marc Randazza Wrote An Amicus Brief About Klingon, And It's Magnificent

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So a while ago my friend and co-blogger Marc Randazza texts me. "If a 1 is 'I banged any chick I ever just winked at' and a 10 is 'I can recite hamlet in the original klingon,' how much of a Trekkie are you?"

Marc's been my friend for quite a while now so this text wasn't off-putting in the least. For the record, I told him a 6.

Marc needed some translation help. Why? Because he was writing an amicus brief for the Language Creation Society to argue that Paramount Pictures may have a copyright on Star Trek but it can't have a copyright on the Klingon language. The legal point is a fascinating one: if a language is created in connection with a copyrighted work of fiction, can there be a copyright on other use of the language, even if it's not to speak the lines from the copyrighted work?

This is not a case about Defendants using specific, previously used Star Trek dialogue, such as “Tea, Earl Grey, Hot”, but rather about precluding Defendants from creating original dialogue that happens to be in the Klingon language. Plaintiffs provide no authority supporting their assertion that Klingon (or any language) can be copyrighted. “[T]here is no Klingon word for ‘deference’”, and Plaintiffs are entitled to none. Norwood v. Vance, 591 F.3d 1062, 1074 n. 4 (9th Cir. 2010) (Thomas, J. dissenting).

Whether you like law, or language, or Star Trek, the brief is a joy. Marc continues to demonstrate that legal writing can be entertaining, irreverent, and persuasive at the same time.

Copyright 2016 by the named Popehat author.
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dbentley
931 days ago
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Amazing.
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Some Thoughts On Labor On Labor Day

AVC
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When one looks back over the history of the development of the modern economy from the agricultural age, to the industrial age, to the information age, the development of a strong labor movement has to be one of the signature events. Capitalism, taken to its excesses, does not allocate economic value fairly to all participants in the economic system. The workers, slaving away to build the railroad, the skyscraper, etc, provide real and substantial value to the overall system and yet, because they are commodified and interchangeable parts, they don’t always get their fair share of the economic value they help to create. So the labor movement provides the market power that each worker individually cannot provide.

The emergence of the middle class in the developed world in the 19th and 20th centuries has as much to do with the emergence of a labor movement as it has to do with anything. And a growing middle class in turn drove economic development as the obtained earning power was spent on needs like homes, cars, education, etc.

I am a fan of the idea that labor needs a mechanism to obtain market power as a counterbalance to the excesses of markets and capitalism. I think we can look back and see all the good that has come from a strong labor movement in the US over the past 150 years.

However, like all bureaucratic institutions, the “Union” mechanism appears anachronistic sitting here in the second decade of the 21st century. We are witnessing the sustained unwinding of 19th and 20th century institutions that were built at a time when transaction and communications costs were high and the overhead of bureaucracy and institutional inertia were costs that were unavoidable.

One has to think “if I were constructing a labor movement from scratch in 2015, how would I do it?”  My colleague Nick Grossman coined the term “Union 2.0” inside our firm to talk about all the organizing tools coming to market to assist workers in the “gig economy.” But I think Union 2.0 is way bigger than the gig economy. The NY Times has a piece today on workers in a carwash in Santa Fe organizing outside of the traditional union system. One can imagine leveraging technology, communications, and marketplaces to allow such a thing on a much larger scale.

I don’t know how much the traditional union system taxes workers to provide the market power they need. But if its like any other hierarchical system that we are seeing replaced by networks and markets, the take rates are in the 20-40% range and could be lowered to sub 5% with technology.

That’s a big deal. And I suspect we will see just that happen in my lifetime. I sure hope so.

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dbentley
1166 days ago
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It's crazy that he goes "I don't know how much the traditional union system taxes workers, but it could be lowered to X" when X is a high estimate of the cost today. Maybe unions are way more efficient than he expects?
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Dogs in space

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Confession: I once told my students something I knew wasn’t true. It was during a lecture on the Space Race, on Sputnik 2, which carried the dog Laika into space in November 1957. I told them about how the Soviets initially said she had lived a week before expiring (it was always intended to be a one-way trip), but that after the USSR had collapsed the Russians admitted that she had died almost immediately because their cooling systems had failed. All true so far.

But then one bright, sensitive sophomore, with a sheen on her eyes and a tremble in her voice, asked, “But did they at least learn something from her death?” And I said, “oh, um, well, uh… yes, yes — they learned a lot.”

Which I knew was false — they learned almost nothing. But what can you do, confronted with someone who is taking in the full reality of the fact that the Soviets sent a dog in space with the full knowledge it would die? It’s a heavy thing to admit that Laika gave her life in vain. (In subsequent classes, whenever I bring up Sputnik, I always preempt this situation by telling the above story, which relieves a little of the pressure.)

A Soviet matchbox with a heroic Laika, the first dog in space. Caption: "First satellite passenger — the dog, Laika." Want it on a shirt, or a really wonderful mug?

A Soviet matchbox with a heroic Laika, the first dog in space. Caption: “First satellite passenger — the dog, Laika.” Want it on a shirt, or a really wonderful mug?

I’m a dog person. I’ve had cats, but really, it’s dogs for me. I just believe that they connect with people on a deeper level than really any other animal. They’ve been bred to do just that, of course, and for a long time. There is evidence of human-dog cohabitation going back tens of thousands of years. (Cats are a lot more recently domesticated… have been around a mere thousand years… and it shows.) There are many theories about the co-evolution of humans and dogs, and it has been said (in a generalization whose broadness I wince at, but whose message I endorse) that there have been many great civilizations without the wheel, but no great civilizations without the dog.

So I’ve always been kind of attracted to the idea of dogs in space. The “Mutniks,” as they were dubbed by punny American wags, were a key, distinguishing factor about the Soviet space program. And, Laika aside, a lot of them went up and came back down again, providing actually useful information about how organisms make do while in space, and allowing us to have more than just relentlessly sad stories about them. The kitsch factor is high, of course.

A friend of mine gave me a wonderfully quirky and beautiful little book last holiday season, Soviet Space Dogs, written by Olesya Turkina, published by FUEL Design and Publishing. According to its Amazon.com page, the idea for the book was hatched up by a co-founder of the press, who was apparently an aficionado of Mutnikiana (yes, I just invented that word). He collected a huge mass of odd Soviet (and some non-Soviet) pop culture references to the Soviet space dogs, and they commissioned Turkina, a Senior Research Fellow at the State Russian Museum, to write the text to accompany it. We had this book on our coffee table for several months before I decided to give it a spin, and I really enjoyed it — it’s much more than a lot of pretty pictures, though it is that, in spades, too. The narrative doesn’t completely cohere towards the end, and there are aspects of it that have a “translated from Russian” feel (and it was translated), but if you overlook those, it is both a beautiful and insightful book.

Soviet Space Dogs cover

First off, let’s start with the easy question: Why dogs? The American program primarily used apes and monkeys, as they were far better proxies for human physiology than even other mammals. Why didn’t the Soviets? According to one participant in the program, one of the leading scientists had looked into using monkeys, talking with a circus trainer, and found out that monkeys were terribly finicky: the training regimes were harder, they were prone to diseases, they were just harder in general to care for than dogs. “The Americans are welcome to their flying monkeys,” he supposedly said, “we’re more partial to dogs.” And, indeed, when they did use some monkeys later, they found that they were tough — one of them managed to worm his way out of his restraints and disable his telemetric equipment while in flight.

The Soviet dogs were all Moscow strays, picked for their size and their hardiness. The Soviet scientists reasoned that a dog that could survive on the streets was probably inherently tougher than purebred dogs that had only lived a domesticated life. (As the owner of a mutty little rescue dog, I of course am prone to see this as a logical conclusion.)

The Soviet dog program was more extensive than I had realized. Laika was the first in orbit, but she was not the first Soviet dog to be put onto a rocket. Turkina counts at least 29 dogs prior to Laika who were attached to R-1 and R-2 rockets (both direct descendants of the German V-2 rockets), sent up on flights hundreds of miles above the surface of the Earth starting in 1951. An appendix at the back of the book lists some of these dogs and their flights.

Oleg Gazenko, chief of the dog medical program, with Belka (right) and Strelka (left) at a press conference in 1960. Gazenko called this "the proudest moment of his life."

Oleg Gazenko, chief of the dog medical program, with Belka (right) and Strelka (left) at a TASS press conference in 1960. Gazenko called this “the proudest moment of his life.”

Many of them died. Turkina talks of the sorrow and guilt of their handlers, who (naturally) developed close bonds with the animals, and felt personally responsible when something went wrong. Some of the surviving dogs got to live with these handlers when they retired from space service. But when the surviving dogs eventually expired, they would sometimes end up stuffed and in a museum.

I had thought I had heard everything there was to hear about Laika, but I was surprised by how much I learned. Laika wasn’t really meant to be the first dog in space — she was the understudy of another dog who had gotten pregnant just before. Laika’s death was a direct result of political pressures to accelerate the launch before they were ready, in an effort to “Sputnik” the United States once again. The head of the dog medical program, when revealing Laika’s true fate in 2002, remarked that, “Working with animals is a source of suffering to all of us. We treat them like babies who cannot speak. The more time passes, the more I’m sorry about it. We shouldn’t have done it. We did not learn enough from the mission to justify the death of the dog.”

The Soviets did not initially focus on the identity of Laika. Laika was just listed as an experimental animal in the Sputnik 2 satellite. Rather, it was the Western press, specifically American and British journalists, that got interested in the identity, and fate, of the dog. The Soviet officials appear to have been caught by surprise; I can’t help but wonder if they’d had a little less secrecy, and maybe ran this by a few Americans, they’d have realized that of course the American public and press would end up focusing on the dog. It was only after discussion began in the West that Soviet press releases about Laika came out, giving her a name, a story, a narrative. And a fate: they talked about her as a martyr to science, who would be kept alive for a week before being painlessly euthanized.

Staged photo of Belka in a space suit.

Staged photo of Belka in a space suit.

In reality, Laika was already dead. They had, too late, realized that their cooling mechanisms were inadequate and she quickly, painfully expired. The fact that Laika was never meant to come back, Turkina argues, shaped the narrative: Laika had to be turned into a saintly hero, a noble and necessary sacrifice. One sees this very clearly in most of the Soviet depictions of Laika — proud, facing the stars, serious.

The next dogs, Belka and Strelka, came back down again. Belka was in fact an experienced veteran of other rocket flights. But it was Strelka’s first mission. Once again, Belka and Strelka were not meant to be the dogs for that mission: an earlier version of the rocket, kept secret at the time, exploded during launch a few weeks earlier, killing the dogs Lisichka and Chaika. These two dogs were apparently beloved by their handlers, and this was a tough blow. The secrecy of the program, of course, pervades the entire story of the Soviet side of the Space Race, and serves as a marked contrast with the much more public-facing US program (the consequences of which are explored in The Right Stuff, among other places).

When Belka and Strelka came back safely, Turkina argues, they became the first real Soviet “pop stars.” Soviet socialism didn’t really allow valorization of individual people other than Stakhanovite-style exhortations. The achievements of one were the achievements of all, which doesn’t really lend itself to pop culture. But dogs were fair game, which is one reason there is so much Soviet-era Mutnikiana to begin with: you could put Laika, Belka, and Strelka on cigarettes, matches, tea pots, commemorative plates, and so on, and nobody would complain. Plus, Belka and Strelka were cute. They could be trotted out at press conferences, on talk shows, and were the subjects of a million adorable pictures and drawings. When Strelka had puppies, they were cheered as evidence that biological reproduction could survive the rigors of space, and were both shown off and given as prized gifts to Soviet officials. So it’s not just that the Soviet space dogs are cool or cute — they’re also responsible for the development of a “safe” popular culture in a repressive society that didn’t really allow for accessible human heroes. Turkina also argues that Belka and Strelka in particular were seen as paradoxically “humanizing” space. By coming back alive, they fed dreams of an interstellar existence for mankind that were particularly powerful in the Soviet context.

Yuri Gagarin reported to have joked: “Am I the first human in space, or the last dog?” It wasn’t such a stretch — the same satellite that Belka and Strelka rode  road in could be used for human beings, and gave them no more space. A friend of mine, Slava Gerovitch, has written a lot about the Soviet philosophy of space rocket design, and on the low regard the engineers who ran the program had for human passengers and their propensity for messing things up. Gagarin had about as much control over his satellite as Belka and Strelka did over theirs, because neither were trusted to actually fly a satellite. The contrast between the engineering attitudes of the Soviet Vostok and the American Mercury program is evident when you compare their instrument panels. The Mercury pilots were expected to be able to fly, while poor Gagarin was expected to be flown. 

Soviet Space Dogs is a pretty interesting read. It’s a hard read for a dog lover. But seeing the Soviet space dogs in the context of the broader Soviet Space Race, and seeing them as more than just “biological cargo,” raises them from kitsch and trivia. There is also just something so emblematic of the space age about the idea of putting dogs into satellites — taking a literally pre-historic human technology, one of the earliest and most successful results of millennia of artificial breeding, and putting it atop a space-faring rocket, the most futuristic technology we had at the time.

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dbentley
1239 days ago
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Anyone still use NewsBlur? Great article.
nsanch
1238 days ago
like
joeyo
1236 days ago
Blur it up!
laza
1236 days ago
++ :)
Meghan8
1235 days ago
I use it every day as a reminder to put my glasses on!
skittone
1230 days ago
Weird question. Even if you stop doing something, other people often keep right on doing it.
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2 public comments
skittone
1230 days ago
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Click through at the end to the instrument panel comparison, too.
JayM
1230 days ago
Nifty
robmessick
1237 days ago
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Was just telling someone about Laika.
San Francisco, CA

ladylondonthecorgi: If you ask her, “Lady, where’s your butt?”...

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ladylondonthecorgi:

If you ask her, “Lady, where’s your butt?” She will run and bring you this toy to play fetch with.

LOL BUTTS

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dbentley
1572 days ago
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Lady, where's your butt?
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Google Announces Project Tango

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Google is starting to remind me of Apple in the ’90s: announcing more cool R&D prototypes than they release actual cool products. Even the R&D team names are similar — Google’s is called “Advanced Technology and Projects”; Apple’s was called “Advanced Technology Group”.

One of the first things Steve Jobs did upon taking the helm in 1997 was kill ATG.

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dbentley
1724 days ago
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Gruber is equating self-driving cars and an approach to building office software. This seems unfair.
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1 public comment
satadru
1724 days ago
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On the flip side, publicly iterate and fail quickly...
New York, NY

★ Working Backwards to the Technology

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At WWDC in 1997, Steve Jobs, having just returned to Apple, held a wide-open Q&A session. There’s video — albeit low-quality (VHS transfer?) — on YouTube. It’s a remarkable session, showing Jobs at his improvisational best. But more importantly, the philosophies and strategies Jobs expressed correctly forecast everything Apple went on to do under his leadership, and how the company continues to work today. In short, he’s remarkably open and honest — and prescient.

My quip today that Google is beginning to remind me of pre-NeXT Apple in the ’90s — announcing more cool R&D prototypes than they release actual cool products — brought to mind one of the segments from this session. There’s a five-minute clip of just this segment here.

It starts with a testy remark from an attendee upset about Apple having killed OpenDoc. Attendee: “It’s sad and clear that on several counts what you’ve discussed, you don’t know what you’re talking about.” Jobs deftly laughs off the insult, and goes on to explain that he has no doubt that OpenDoc contains some great technology — that it allowed for things no other technology could accomplish. But that that alone was not enough.

Then he says this:

One of the things I’ve always found is that you’ve got to start with the customer experience and work backwards to the technology. You can’t start with the technology and try to figure out where you’re going to try to sell it. And I’ve made this mistake probably more than anybody else in this room. And I got the scar tissue to prove it.

If it wasn’t obvious then, it’s certainly obvious in hindsight that NeXT itself was the biggest of those scars. Amazing technology — an operating system and developer frameworks that debuted in 1988 and today serve as the foundation for almost the entirety of Apple’s product line. But NeXT never turned that technology into a successful product. Without a focus on products, new technologies are a crapshoot.

That’s why Jobs dismantled Apple’s pure R&D department, the Advanced Technology Group. The work ATG had done wasn’t all thrown away, but what continued was product-focused rather than technology-focused. Starting with the product and working backwards to the technology instead of the other way around has made all the difference in the world for Apple.

Xerox had PARC and never made a successful product out of that work. AT&T had Bell Labs, created Unix, and never made a successful product out of that work. Microsoft, Intel, IBM, Google, and numerous other companies all outspend Apple on “R&D” today. The WSJ reported that between 2004 and 2007, Nokia outspent Apple on R&D by a factor of 9 ($22.2 billion vs. $2.5 billion). This discrepancy leads some to the conclusion that Apple underspends on research and development. I would argue instead that it shows that Apple is far more focused than any of its rivals.

What is focus? Again, we return to Jobs, on stage at WWDC, 17 years ago. The very first question in the session was, simply, “What about OpenDoc?”

Jobs:

What about OpenDoc? What about it? [Audience laughs.] It’s dead, right? Let me say something that’s sort of generic. I know some of you spent a lot of time working on stuff that we put a bullet in the head of. I apologize. I feel your pain. But Apple suffered for several years from lousy engineering management. I have to say it. And there were people that were going off in 18 different directions doing arguably interesting things in each one of them. Good engineers — lousy management. And what happened was you look at the farm that’s been created with all these different animals going in different directions and it doesn’t add up. The total is less than the sum of the parts.

And so we had to decide, what are the fundamental directions we’re going in? And what makes sense and what doesn’t? And there were a bunch of things that didn’t. And microcosmically they might have made sense; macrocosmically they made no sense. And you know, the hardest thing is… you think about focusing, right? You think, “Well, focusing is saying yes”. No, focusing is about saying no. Focusing is about saying no. And you’ve got to say no, no, no. When you say no, you piss off people.

Apple is going to keep saying no, no, no. And because of that, they are going to keep pissing people off.

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dbentley
1724 days ago
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It's a shame that people still say Xerox lost on PARC. Parc created the laser printer, which Xerox made more money oodles of money off of. Bell Labs made the transistor.
the7roy
1724 days ago
Hmm, looks like John re-considered that line. It has been removed but used to say, "Xerox had PARC and never made a successful product out of that work. AT&T had Bell Labs, created Unix, and never made a successful product out of that work"
gazuga
1724 days ago
Plays into rosskarchner's point above. For some technology there is no path backwards from a marketable product. Bell Labs developed the transistor anyway.
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3 public comments
andersoncj
1723 days ago
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Good article about development management or engineering management.
rosskarchner
1724 days ago
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I think both approaches have merit-- Apple's customer-first approach will pretty much guarantee hits, but Google's should lead to genuine discovery-- higher risk, but potentially higher reward.
DC-ish
Cafeine
1724 days ago
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Very nice read about what should drive dev. #apple #google #nokia #jobs
Paris / France
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