It sizzles on the grill. But does it fizzle in terms of nutrition? That's the question when it comes to the new burgers made of plant-based meat substitutes that are flying off grocery store shelves and restaurant tables.

The Genetics Society of America (GSA) is pleased to announce the 2020 recipients of its annual awards for distinguished service in the field of genetics. The awardees were nominated and selected by their colleagues and will be recognized with presentations at The Allied Genetics Conference (TAGC), held April 22-26, 2020, in the metro Washington, DC area.

A team of scientists has observed, for the first time, the presence of warm water at a vital point underneath a glacier in Antarctica--an alarming discovery that points to the cause behind the gradual melting of this ice shelf while also raising concerns about sea-level rise around the globe.

Tiny meteorites that fell to Earth 2.7 billion years ago suggest that the atmosphere at that time was high in carbon dioxide, which agrees with current understanding of how our planet's atmospheric gases changed over time.

Most nuclear data measurements are performed at accelerators large enough to occupy a geologic formation a kilometer wide. But a portable device that can reveal the composition of materials quickly on-site would greatly benefit cases such as in archaeology and nuclear arms treaty verification. Research published this week in AIP Advances used computational simulations to show that with the right geometric adjustments, it is possible to perform accurate neutron resonance transmission analysis in a device just 5 meters long.

The production of formate from CO2 is considered an attractive strategy for the long-term storage of solar renewable energy in chemical form.

Regular readers will know that I've been hanging out for the "market allocation" parts of the proposed Cannabis Legalisation and Control Bill, which will be the subject of a referendum this year.
While most media outlets ran inane stories last year on how many joints 14 grams added up to, it was clear to anyone who took the subject seriously that the questions of who would get to produce and sell cannabis and how licences would be awarded were vastly more important. And we've had to wait for answers to those.
Well, they're here. And it's very good news. From…

I lost my beloved cat Gemma, seven months ago and when I think about her, I can smile a little. I can now think of the happy times and not that dreadful

She passed away just not too long ago, 6-12-13. It was very hard for me to put her down. I had her for 21 years, going on 22 years. I know I feel her presence

My darling, all of Mama's love. You have gone leaving a void in my life. I still hear you sigh, and the patter of your feet up the steps, and the sound

EPISODE SUMMARY Today's show is brought to you by Wacom — makers of the incredible Wacom One! This week, the ComicLab guys talk shop with Gale Galligan, creator of the bestselling Babysitter's Club graphic novels. See all of Gale's latest at Galesaur.com. EPISODE NOTES Today's show is brought to you by Wacom — makers of the incredible Wacom One! This week, the ComicLab guys talk shop with Gale Galligan, creator of the bestselling Babysitter's Club graphic novels.

EPISODE SUMMARY This week, Dave and Brad talk about the best Content Management System (CMS) for publishing webcomics. Toocheke is brand new, and Brad's a big fan. EPISODE NOTES Today's show is brought to you by Wacom — makers of the incredible Wacom One! This week, Dave and Brad talk about the best Content Management System (CMS) for publishing webcomics. Toocheke is brand new, and Brad's a big fan. Questions asked and topics covered... Toocheke i

  So I wrote an op-ed about the recent Macmillan/ebooks kerfuffle for CNN. Here’s how that all worked…. I got...

If Bernie Sanders wants to say that Fidel Castro occasionally did something good, while acknowledging that he often did things that were very bad, I think that’s a reasonable position. (It might also be reasonable to say that Adolf Hitler occasionally did something good, though offhand I can’t think of a good example.) But surely […]

Platform.sh removes a major pain point for developers: having to invest time in managing servers, virtual machines, or containers. Instead, Platform.sh enables developers to focus 100% of their time on their code. Since the beginning, Platform.sh has provided instant cloning capability, so dev teams can work on perfect copies of their production sites in the cloud for every Git branch. Now, in partnership with Lando, we’re extending that capability to the desktop.

Truncated by Planet PHP, read more at the original (another 17468 bytes)

Have you heard of Heath Freeman? He's a thirty-something hedge fund boss, who runs "Alden Global Capital," which owns a company misleadingly called "Digital First Media." His business has been to buy up local newspapers around the country and basically cut everything down to the bone, and just milk the assets for whatever cash they still produce, minus all the important journalism stuff. He's been called "the hedge fund asshole", "the hedge fund vampire that bleeds newspapers dry", "a small worthless footnote", the "Gordon Gecko" of newspapers and a variety of other fun things.

Reading through some of those links above, you find a standard playbook for Freeman's managing of newspapers:

These are the assholes who a few years ago bought the Denver Post, once one of the best regional newspapers in the country, and hollowed it out into a shell of its former self, then laid off some more people. Things got so bad that the Post’s own editorial board rebelled, demanding that if “Alden isn’t willing to do good journalism here, it should sell the Post to owners who will.”

And here's one of the other links from above telling a similar story:

The Denver newsroom was hardly alone in its misery. In Northern California, a combined editorial staff of 16 regional newspapers had reportedly been slashed from 1,000 to a mere 150. Farther down the coast in Orange County, there were according to industry analyst Ken Doctor, complained of rats, mildew, fallen ceilings, and filthy bathrooms. In her Washington Post column, media critic Margaret Sullivan called Alden “one of the most ruthless of the corporate strip-miners seemingly intent on destroying local journalism.”

And, yes, I think it's fair to say that many newspapers did get a bit fat and happy with their old school monopolistic hold on the news market pre-internet. And many of them failed to adapt. And so, restructuring and re-prioritizing is not a bad idea. But that's not really what's happening here. Alden appears to be taking profitable (not just struggling) newspapers, and squeezing as much money out of them directly into Freeman's pockets, rather than plowing it back into actual journalism. And Alden/DFM appears to be ridiculously profitable for Freeman, even as the journalism it produces becomes weaker and weaker. Jim Brady called it "combover journalism." Basically using skeleton staff to pretend to really be covering the news, when it's clear to everyone that it's not really doing the job.

All of that is prelude to the latest news that Freeman, who basically refuses to ever talk to the media, has sent a letter to other newspaper bosses suggesting they collude to force Google and Facebook to make him even richer.

You can see the full letter here:

Let's go through this nonsense bit by bit, because it is almost 100% nonsense.

These are immensely challenging times for all of us in the newspaper industry as we balance the two equally important goals of keeping the communities we serve fully informed, while also striving to safeguard the viability of our news organizations today and well into the future.

Let's be clear: the "viability" of your newsrooms was decimated when you fired a huge percentage of the local reporters and stuffed the profits into your pockets, rather than investing in the actual product.

Since Facebook was founded in 2004, nearly 2,000 (one in five) newspapers have closed and with them many thousands of newspaper jobs have been lost. In that same time period, Google has become the world's primary news aggregation service, Apple launched a news app with a subsription-based tier and Twitter has become a household name by serving as a distribution service for the content our staffs create.

Correlation is not causation, of course. But even if that were the case, the focus of a well-managed business would be to adapt to the changing market place to take advantage of, say, new distribution channels, new advertising and subscription products, and new ways of building a loyal community around your product. You know, the things that Google, Facebook and Twitter did... which your newspaper didn't do, perhaps because you fired a huge percentage of their staff and re-directed the money flow away from product and into your pocket.

Recent developments internationally, which will finally require online platforms to compensate the news industry are encouraging. I hope we can collaborate to move this issue forward in the United States in a fair and productive way. Just this month, April 2020, French antitrust regulators ordered Google to pay news publishers for displaying snippets of articles after years of helping itself to excerpts for its news service. As regulators in France said, "Google's practices caused a serious and immediate harm to the press sector, while the economic situation of publishers and news agencies is otherwise fragile." The Australian government also recently said that Facebook and Google would have to pay media outlets in the country for news content. The country's Treasurer, Josh Frydenberg noted "We can't deny the importance of creating a level playing field, ensuring a fair go for companies and the appropriate compensation for content."

We have, of course, written about both the plans in France as well as those in Australia (not to mention a similar push in Canada that Freeman apparently missed). Of course, what he's missing is... well, nearly everything. First, the idea that it's Google that's causing problems for the news industry is laughable on multiple fronts.

If newspapers feel that Google is causing them harm by linking to them and sending them traffic, then they can easily block Google, which respects robots.txt restrictions. I don't see Freeman's newspaper doing that. Second, in most of the world, Google does not monetize its Google News aggregation service, so the idea that it's someone making money off of "their" news, is not supported by reality. Third, the idea that "the news" is "owned" by the news organizations is not just laughable, but silly. After all, the news orgs are not making the news. If Freeman is going to claim that news orgs should be compensated for "their" news, then, uh, shouldn't his news orgs be paying the actual people who make the news that they're reporting on? Or is he saying that journalism is somehow special?

Finally, and most importantly, he says all of this as if we haven't seen how these efforts play out in practice. When Germany passed a similar law, Google ended up removing snippets only to be told they had to pay anyway. Google, correctly, said that if it had to license snippets, it would offer a price of $0, or it would stop linking to the sites -- and the news orgs agreed. In Spain, where Google was told it couldn't do this, the company shut down Google News and tons of smaller publications were harmed, not helped, but this policy.

This surely sounds familiar to all of us. It's been more than a decade since Rupert Murdoch instinctively observerd: "There are those who think they have a right to take our news content and use it for their own purposes without contributing a penny to its production... Their almost wholesale misappropriation of our stories is not fair use. To be impolite, it's theft."

First off, it's not theft. As we pointed out at the time, Rupert Murdoch, himself, at the very time he was making these claims, owned a whole bunch of news aggregators himself. The problem was never news aggregators. The problem has always been that other companies are successful on the internet and Rupert Murdoch was not. And, again, the whole "misappropriation" thing is nonsense: any news site is free to block Google's scrapers and if it's "misappropriation" to send you traffic, why do all of these news organizations employ "search engine optimizers" who work to get their sites higher in the rankings? And, yet again, are they paying the people who make the actual news? If not, then it seems like they're full of shit.

With Facebook and Google recently showing some contrition by launching token programs that provide a modest amount of funding, it's heartening to see that the tech giants are beginning to understand their moral and social responsibility to support and safeguard local journalism.

Spare me the "moral and social responsibility to support and safeguard local journalism," Heath. You're the one who cut 1,000 journalism jobs down to 150. Not Google. You're the one who took profitable newspapers that were investing in local journalism, fired a huge number of their reporters and staff, and redirected the even larger profits into your pockets instead of local journalism.

Even if someone wants to argue this fallacy, it should not be you, Heath.

Facebook created the Facebook Journalism Project in 2017 "to forge stronger ties with the news industry and work with journalists and publishers." If Facebook and the other tech behemoths are serious about wanting to "forge stronger ties with the news industry," that will start with properly remunerating the original producers of content.

Remunerating the "original producers"? So that means that Heath is now agreeing to compensate the people who create the news that his remaining reporters write up? Oh, no? He just means himself -- the middleman -- being remunerated directly into his pocket while he continues to cut jobs from his newsroom while raking in record profits? That seems... less compelling.

Facebook, Google, Twitter, Apple News and other online aggregators make billions of dollars annually from original, compelling content that our reporters, photographers and editors create day after day, hour after hour. We all know the numbers, and this one underscores the value of our intellectual property: The New York Times reported that in 2018, Google alone conservatively made $4.7 billion from the work of news publishers. Clearly, content-usage fees are an appropriate and reasonable way to help ensure newspapers exist to provide communities across the country with robust high-quality local journalism.

First of all, the $4.7 billion is likely nonsense, but even if it were accurate, Google is making that money by sending all those news sites a shit ton of traffic. Why aren't they doing anything reasonable to monetize it? And, of course, Digital First Media has bragged about its profitability, and leaked documents suggest its news business brought in close to a billion dollars in 2017 with a 17% operating margin, significantly higher than all other large newspaper chains.

This is nothing more than "Google has money, we want more money, Google needs to give us the money." There is no "clearly" here and "usage fees" are nonsense. If you don't want Google's traffic, put up robots.txt. Google will survive, but your papers might not.

One model to consider is how broadcast television stations, which provide valuable local news, successfully secured sizable retransmission fees for their programming from cable companies, satellite providers and telcos.

There are certain problems with retransmission fees in the first place (given that broadcast television was, by law, freely transmitted over the air in exchange for control over large swaths of spectrum), and the value they got was in having a large audience to advertise too. But, more importantly, retransmission involved taking an entire broadcast channel and piping it through cable and satellite to make things easier for TV watchers who didn't want to switch between an antenna and a cable (or satellite receiver). An aggregator is not -- contrary to what one might think reading Freeman's nonsense -- retransmitting anything. It's linking to your content and sending you traffic on your own site. The only things it shows are a headline and (sometimes) a snippet to attract more traffic.

There are certainly other potential options worth of our consideration -- among them whether to ask Congress about revisiting thoughtful limitations on "Fair Use" of copyrighted material, or seeking judicial review of how our trusted content is misused by others for their profit. By beginning a collective dialogue on these topics we can bring clarity around the best ways to proceed as an industry.

Ah, yes, let's throw fair use -- the very thing that news orgs regularly rely on to not get sued into the ground -- out the window in an effort to get Google to funnel extra money into Heath Freeman's pockets. That sounds smart. Or the other thing. Not smart.

And "a collective dialogue" in this sense appears to be collusion. As in an antitrust violation. Someone should have maybe mentioned that to Freeman.

Our newspaper brands and operations are the engines that power trust local news in communities across the United States.

Note that it's the brands and operations -- not journalists -- that he mentions here. That's a tell.

Fees from those who use and profit from our content can help continually optimize our product as well as ensure our newsrooms have the resources they need.

Again, Digital First Media, is perhaps the most profitable newspaper chain around. And it just keeps laying off reporters.

My hope is that we are able to work together towards the shared goal of protecting and enhancing local journalism.

You first, Heath, you first.

So, basically, Heath Freeman, who has spent decade or so buying up profitable newspapers, laying off a huge percentage of their newsrooms, leaving a shell of a husk in their place, then redirecting the continued profits (often that exist solely because of the legacy brand) into his own pockets rather than in journalism... wants the other newspapers to collude with him to force successful internet companies who send their newspapers a ton of free traffic to pay him money for the privilege of sending them traffic.

Sounds credible.

Given all we know about facial recognition tech, it is literally jaw-dropping that anyone could make this claim… especially without being vetted independently.

A group of Harrisburg University professors and a PhD student have developed an automated computer facial recognition software capable of predicting whether someone is likely to be a criminal.

The software is able to predict if someone is a criminal with 80% accuracy and with no racial bias. The prediction is calculated solely based on a picture of their face.

There's a whole lot of "what even the fuck" in CBS 21's reprint of a press release, but let's start with the claim about "no racial bias." That's a lot to swallow when the underlying research hasn't been released yet. Let's see what the National Institute of Standards and Technology has to say on the subject. This is the result of the NIST's examination of 189 facial recognition AI programs -- all far more established than whatever it is Harrisburg researchers have cooked up.

Asian and African American people were up to 100 times more likely to be misidentified than white men, depending on the particular algorithm and type of search. Native Americans had the highest false-positive rate of all ethnicities, according to the study, which found that systems varied widely in their accuracy.

The faces of African American women were falsely identified more often in the kinds of searches used by police investigators where an image is compared to thousands or millions of others in hopes of identifying a suspect.

Why is this acceptable? The report inadvertently supplies the answer:

Middle-aged white men generally benefited from the highest accuracy rates.

Yep. And guess who's making laws or running police departments or marketing AI to cops or telling people on Twitter not to break the law or etc. etc. etc.

To craft a terrible pun, the researchers' claim of "no racial bias" is absurd on its face. Per se stupid af to use legal terminology.

Moving on from that, there's the 80% accuracy, which is apparently good enough since it will only threaten the life and liberty of 20% of the people it's inflicted on. I guess if it's the FBI's gold standard, it's good enough for everyone.

Maybe this is just bad reporting. Maybe something got copy-pasted wrong from the spammed press release. Let's go to the source… one that somehow still doesn't include a link to any underlying research documents.

What does any of this mean? Are we ready to embrace a bit of pre-crime eugenics? Or is this just the most hamfisted phrasing Harrisburg researchers could come up with?

A group of Harrisburg University professors and a Ph.D. student have developed automated computer facial recognition software capable of predicting whether someone is likely going to be a criminal.

The most charitable interpretation of this statement is that the wrong-20%-of-the-time AI is going to be applied to the super-sketchy "predictive policing" field. Predictive policing -- a theory that says it's ok to treat people like criminals if they live and work in an area where criminals live -- is its own biased mess, relying on garbage data generated by biased policing to turn racist policing into an AI-blessed "work smarter not harder" LEO equivalent.

The question about "likely" is answered in the next paragraph, somewhat assuring readers the AI won't be applied to ultrasound images.

With 80 percent accuracy and with no racial bias, the software can predict if someone is a criminal based solely on a picture of their face. The software is intended to help law enforcement prevent crime.

There's a big difference between "going to be" and "is," and researchers using actual science should know better than to use both phrases to describe their AI efforts. One means scanning someone's face to determine whether they might eventually engage in criminal acts. The other means matching faces to images of known criminals. They are far from interchangeable terms.

If you think the above quotes are, at best, disjointed, brace yourself for this jargon-fest which clarifies nothing and suggests the AI itself wrote the pullquote:

“We already know machine learning techniques can outperform humans on a variety of tasks related to facial recognition and emotion detection,” Sadeghian said. “This research indicates just how powerful these tools are by showing they can extract minute features in an image that are highly predictive of criminality.”

"Minute features in an image that are highly predictive of criminality." And what, pray tell, are those "minute features?" Skin tone? "I AM A CRIMINAL IN THE MAKING" forehead tattoos? Bullshit on top of bullshit? Come on. This is word salad, but a salad pretending to be a law enforcement tool with actual utility. Nothing about this suggests Harrisburg has come up with anything better than the shitty "tools" already being inflicted on us by law enforcement's early adopters.

I wish we could dig deeper into this but we'll all have to wait until this excitable group of clueless researchers decide to publish their findings. According to this site, the research is being sealed inside a "research book," which means it will take a lot of money to actually prove this isn't any better than anything that's been offered before. This could be the next Clearview, but we won't know if it is until the research is published. If we're lucky, it will be before Harrisburg patents this awful product and starts selling it to all and sundry. Don't hold your breath.

One of the key points we've been making concerning Attorney General William Barr and his DOJ's eager support for the terrible EARN-IT Act, is that much of it really seems to be to cover up the DOJ's own failings in fighting child porn and child exploitation. The premise behind the EARN IT Act is that there's a lot of child exploitation/child abuse material found on social media... and that social media companies should do more to block that content. Of course, if you step back and think about it, you'd quickly realize that this is a form of sweeping the problem under the rug. Rather than actually tracking down and arresting those exploiting and abusing children, it's demanding private companies just hide the evidence of those horrific acts.

And why might the DOJ and others be so supportive of sweeping evidence under the rug and hiding it? Perhaps because the DOJ and Congress have literally failed to live up to their mandates under existing laws to actually fight child exploitation. Barr's DOJ has been required under law to produce reports showing data about internet crimes against children, and come up with goals to fight those crimes. It has produced only two out of the six reports that were mandated over a decade ago. At the same time, Congress has only allocated a very small budget to state and local law enforcement for fighting internet child abuse. While the laws Congress passed say that Congress should give $60 million to local law enforcement, it has actually allocated only about half of that. Oh, and Homeland Security took nearly half of its "cybercrimes" budget and diverted it to immigration enforcement, rather than fighting internet crimes such as child exploitation.

So... maybe we should recognize that the problem isn't social media platforms, but the fact that Congress and law enforcement -- from local and state up to the DOJ -- have literally failed to do their job.

At least some elected officials have decided to call the DOJ's bluff on why we need the EARN IT Act. Led by Senator Ron Wyden (of course), Senators Kirsten Gillbrand, Bob Casey, Sherrod Brown and Rep. Anna Eshoo have introduced a new bill to actually fight child sex abuse online. Called the Invest in Child Safety Act, it would basically make law enforcement do its job regarding this stuff.

The Invest in Child Safety Act would direct $5 billion in mandatory funding to investigate and target the pedophiles and abusers who create and share child sexual abuse material online. And it would create a new White House office to coordinate efforts across federal agencies, after DOJ refused to comply with a 2008 law requiring coordination and reporting of those efforts. It also directs substantial new funding for community-based efforts to prevent children from becoming victims in the first place.

Basically, the bill would do a bunch of things to make sure that law enforcement is actually dealing with the very real problem of child exploitation, rather than demanding that internet companies (1) sweep evidence under the rug, and (2) break encryption:

• Quadruple the number of prosecutors and agents in DOJ’s Child Exploitation and Obscenity Section from 30 FTEs to 120 FTEs;
• Add 100 new agents and investigators for the Federal Bureau of Investigation’s Innocent Images National Initiative, Crimes Against Children Unit, Child Abduction Rapid Deployment Teams, and Child Exploitation and Human Trafficking Task Forces;
• Fund 65 new NCMEC analysts, engineers, and mental health counselors, as well as a major upgrade to NCMEC’s technology platform to enable the organization to more effectively evaluate and process CSAM reports from tech companies;
• Double funding for the state Internet Crimes Against Children (ICAC) Task Forces;
• Double funding for the National Criminal Justice Training Center, to administer crucial Internet Crimes Against Children and Missing and Exploited Children training programs;
• Increase funding for evidence-based programs, local governments and non-federal entities to detect, prevent and support victims of child sexual abuse, including school-based mental health services and prevention programs like the Children’s Advocacy Centers and the HHS’ Street Outreach Program;
• Require tech companies to increase the time that they hold evidence of CSAM, in a secure database, to enable law enforcement agencies to prosecute older cases;
• Establish an Office to Enforce and Protect Against Child Sexual Exploitation, within the Executive Office of the President, to direct and streamline the federal government’s efforts to prevent, investigate and prosecute the scourge of child exploitation;
• Require the Office to develop an enforcement and protection strategy, in coordination with HHS and GAO; and
• Require the Office to submit annual monitoring reports, subject to mandatory Congressional testimony to ensure timely execution.

For well over a decade we've talked about the many problems that arise when copyright is compared to "property" -- and people try to simply move over concepts from physical, tangible property into the world of digital. A key aspect of this: when you "purchase" something digital online, is it really a "purchase" or is it a "license" (especially a license that could be revoked)? If it was a true "purchase" then you should own it and the seller shouldn't be able to take it back. But in practice, over and over and over again, we've seen stories of people having things they supposedly "bought" disappear. The situation is so crazy that we've referred to it as Schrödinger's Download, in that many copyright holders and retailers would like the very same thing to be a "sale" some of the time, and a "license" some of the time (the "times" for each tend to be when it hurts the consumers the most). This has, at times, seeped into physical goods, where they've tried to add "license agreements" to physical products. Or, worse, when some copyright folks claimed that buying a DVD means you don't actually own what you bought, but rather are merely "purchasing access" to the content, and that could be revoked.

Anyway, I'm amazed that we don't see more lawsuits about this kind of thing -- but one was recently filed in California. Someone named Amanda Caudel is suing Amazon for saying that you've "purchased" a video download, which Amazon might disappear from your library whenever it wants. As the lawsuit makes clear, Amazon directly says that you are buying the movie (as opposed to renting it). From the lawsuit filing itself:

And, they point out, in your account there's a listing of "Your Video Purchases & Rentals." But, the lawsuit claims, what you purchase doesn't seem to behave like a real purchase:

Reasonable consumers will expect that the use of a “Buy” button and the representation that their Video Content is a “Purchase” means that the consumer has paid for full access to the Video Content and, like any bought product, that access cannot be revoked.

Unfortunately for consumers who chose the “Buy” option, this is deceptive and untrue. Rather, the ugly truth is that Defendant secretly reserves the right to terminate the consumers’ access and use of the Video Content at any time, and has done so on numerous occasions, leaving the consumer without the ability to enjoy their already-bought Video Content.

Defendant’s representations are misleading because they give the impression that the Video Content is purchased – i.e. the person owns it - when in fact that is not true because Defendant or others may revoke access to the Video Content at any time and for any reason.

In so representing the “Purchase” of Video Content as true ownership of the content, Defendant took advantage of the (1) cognitive shortcuts made at the point-of-sale, e.g. Rent v. Buy and (2) price of the Video Content, which is akin to an outright purchase versus a rental.

Though some consumers may get lucky and never lose access to any of their paid-for media, others may one day find that their Video Content is now completely inaccessible. Regardless, all consumers have overpaid for the Video Content because they are not in fact owners of the Video Content, despite have paid extra money to “Buy” the product.

The plaintiff (or rather, her lawyers) are trying to make this a class action lawsuit, and are arguing that (among other things) this is false advertising. I am, not surprisingly, sympathetic to the plaintiff -- and remain disappointed at how copyright and similar restrictions are being used to chip away at ownership and actual property rights. That said... I'm not that optimistic the case will get very far. In the past, companies have been able to wiggle out of similar claims, and I'm pretty sure that Amazon tries to push disputes like this to binding arbitration, meaning that the lawsuit may be dead on arrival.

Still, it's yet another reminder of how copyright is chipping away at real property.

COVID-19 has shone a very bright light on the importance of widely available, affordable broadband. Nearly 42 million Americans lack access to any broadband whatsoever--double FCC estimates. And millions more can't afford service thanks to a lack of competition among very powerful, government pampered telecom monopolies.

As usual, with political pressure mounting to "do something," DC's solution is going to be to throw more money at the problem:

"The plan unveiled Thursday would inject $80 billion over five years into expansion of broadband infrastructure into neglected rural, suburban and urban areas, with an emphasis on communities with high levels of poverty. It includes measures to promote rapid building of internet systems, such as low-interest financing for infrastructure projects."

To be clear, subsidies often do help shore up broadband availability at coverage. The problem is that the United States government, largely captured by telecom giants with a vested interest in protecting regional monopolies, utterly sucks at it.

Despite ample pretense to the contrary, nobody in the US government actually knows where broadband is currently available. Data supplied by ISPs has never been rigorously fact-checked by a government fearful of upsetting deep-pocketed campaign contributors (and valued NSA partners). As a result, our very expensive ($350 million at last count) FCC broadband coverage map creates a picture of availability and speed that's complete fantasy. It's theater designed to disguise the fact that US broadband is mediocre on every broadband metric that matters. Especially cost.

While there has been some effort to fix the mapping problem via recent legislation, the FCC still needs several years (and more money) to do so. And while you'd think this would be more obvious, you can't fix a problem you can't even effectively measure. There's also not much indication that the $80 billion, while potentially well intentioned, would actually get where it needs to go. Especially right now, when federal oversight is effectively nonexistent.

You may or may not have noticed this, but US telecom is a corrupt, monopolized mess. Giants like AT&T and Comcast all but own state and federal legislatures and, in many instances, literally write the law. Feckless regulators bend over backward to avoid upsetting deep-pocketed campaign contributors. So when subsidies are doled out, they very often don't end up where regulators and lawmakers intended. There's an endless ocean of examples where these giants took billions in taxpayer subsidies to deploy fiber networks that are never fully delivered.

If you were to do meaningful audit (which we've never done because again we're not willing to adequately track the problem or stand up to dominant incumbent corporations) you'd very likely find that American taxpayers already paid for fiber to every home several times over.

That's not to say is that there aren't things Congress could do to help the disconnected during COVID-19. Libraries for example have been begging the FCC for the ability to offer expanded WiFi hotspot access (via mobile school buses) to disconnected communities without running afoul of FCC ERate rules. But while the FCC said libraries can leave existing WiFi on without penalty, it has been mute about whether they can extend coverage outside of library property. Why? As a captured agency, the FCC doesn't like anything that could potentially result in Comcast or AT&T making less money.

None of this is to say that we shouldn't subsidize broadband deployment once we get a handle on the mapping problem. But it's a fantasy to think we're going to immediately fix a 30 year old problem with an additional $80 billion in a mad dash during a pandemic. US broadband dysfunction was built up over decades. It's the product of corruption and rot that COVID-19 is exposing at every level of the US government. The only way to fix it is to stand up to industry, initiate meaningful reform, adopt policies that drive competition to market, and jettison feckless lawmakers and regulators whose dominant motivation is in protecting AT&T, Verizon, Comcast, and Spectrum revenues.

Maybe the pandemic finally provides the incentive to actually do that, but until the US does, these subsidization efforts are largely theater.

The coronavirus pandemic and its associated lockdown in most countries has forced major changes in the way people live, work and study. Online learning is now routine for many, and is largely unproblematic, not least because it has been used for many years. However, online testing is more tricky, since there is a concern by many teachers that students might use their isolated situation to cheat during exams. One person's problem is another person's opportunity, and there are a number of proctoring services that claim to stop or at least minimize cheating during online tests. One thing they have in common is that they tend to be intrusive, and show little respect for the privacy of the people they monitor.

As an article in The Verge explains, some employ humans to watch over students using Zoom video calls. That's reasonably close to a traditional setup, where a teacher or proctor watches students in an exam hall. But there are also webcam-based automated approaches, as explored by Vox:

For instance, Examity also uses AI to verify students' identities, analyze their keystrokes, and, of course, ensure they're not cheating. Proctorio uses artificial intelligence to conduct gaze detection, which tracks whether a student is looking away from their screens.

It's not just in the US that these extreme surveillance methods are being adopted. In France, the University of Rennes 1 is using a system called Managexam, which adds a few extra features: the ability to detect "inappropriate" Internet searches by the student, the use of a second screen, or the presence of another person in the room (original in French). The Vox articles notes that even when these systems are deployed, students still try to cheat using new tricks, and the anti-cheating services try to stop them doing so:

it's easy to find online tips and tricks for duping remote proctoring services. Some suggest hiding notes underneath the view of the camera or setting up a secret laptop. It's also easy for these remote proctoring services to find out about these cheating methods, so they're constantly coming up with countermeasures. On its website, Proctorio even has a job listing for a "professional cheater" to test its system. The contract position pays between $10,000 and $20,000 a year.

As the arms race between students and proctoring services escalates, it's surely time to ask whether the problem isn't people cheating, but the use of old-style, analog testing formats in a world that has been forced by the coronavirus pandemic to move to a completely digital approach. Rather than spending so much time, effort and money on trying to stop students from cheating, maybe we need to come up with new ways of measuring what they have learnt and understood -- ones that are not immune to cheating, but where cheating has no meaning. Obvious options include "open book" exams, where students can use whatever resources they like, or even abolishing formal exams completely, and opting for continuous assessment. Since the lockdown has forced educational establishments to re-invent teaching, isn't it time they re-invented exams too?

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This seems to be something of a thing. Our last "Tales From the Quarantine" post focused on how television celebrities had taken to offering people help on Twitter with their virtual home decor in the latest Animal Crossing game. This post also involves Animal Crossing, but in a much more direct way. Due to the COVID-19 pandemic, there are enormous numbers of people who have suddenly found themselves without jobs or regular income. And, so, they've turned to irregular sources of income instead.

Ars Technica has an interesting interview with one of many people who have taken to the internet to indirectly sell Animal Crossing's "bells", the currency of the game.

In the midst of COVID-19, some New Horizons players are turning to World of Warcraft-style gold farming methods to make ends meet. In early April, Lexy, a 23-year-old recent college grad, created a Twitter account offering up bells (Animal Crossing’s in-game currency) for real-world cash (she requested we refer to her by a nickname to avoid potential reprisal from Nintendo). “I got laid off due to COVID so I'm farming bells in ACNH,” she wrote. “I really need to make rent this month so I'm selling 2 mil bells per $5, please message me if interested, I'll give you a discount the more you buy.”

Before setting up this unorthodox income stream, Lexy had been working at a supermarket while developing her animation portfolio. She began exploring the idea of turning bells into cash after showing friends just how much in-game income she’d been making. “One of them asked to legitimately buy some for me,” she recalled in a Twitter interview. “I did some research and found some people selling bells on sites such as eBay, but for pretty ridiculous prices.” (Current prices on eBay seem more competitive, with some sellers offering rare gold tools and gold nuggets to sweeten the deal).

The threat from Nintendo is probably real. After all, unlike some other games where people do this sort of thing, Nintendo's game doesn't include any method for selling in-game resources for real currency. Nintendo is also notoriously prudish about things like this. And, finally, to make an effective go at this sort of thing, it takes some manipulation of the console in a way that is somewhat controversial with gamers generally.

Understandably, Lexy adjusts the clock on her Nintendo Switch to speed up the game’s slow, “natural” money-making cycle of harvesting daily fruit, digging up bells from the ground, and planting a daily “money tree” that can yield big profits. This kind of in-game “time traveling” is controversial practice among casual Animal Crossing players, but it's a practical necessity to maximize real-world bell-farming profits.

As for how much money people like Lexy are bringing in, it's in the four figures, but she wasn't any more specific than that. Payments are made through digital apps like PayPal, after which she visits the game islands of others and deposits the bells.

That all of this is going on during a global pandemic that has some folks farming bells to make ends meet and others with apparently enough disposable income to be buyers is all, of course, deeply strange. But it's also just yet another way technology is having an impact on our lives during the COVID-19 pandemic.

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You may recall in the early days of the pandemic, that pharma giant Gilead Sciences -- which has been accused of price gouging and (just last year!) charging exorbitant prices on drug breakthroughs developed with US taxpayer funds -- was able to sneak through an orphan works designation for its drug remdesevir for COVID-19 treatment. As we pointed out, everything about this was insane, given that orphan works designations, which give extra monopoly rights to the holders (beyond patent exclusivity), are meant for diseases that don't impact a large population. Gilead used a loophole: since the ceiling for infected people to qualify for orphan drug status is 200,000, Gilead got in its application bright and early, before there were 200,000 confirmed cases (we currently have over 1.3 million). After the story went, er... viral, Gilead agreed to drop the orphan status, realizing the bad publicity it was receiving.

After a brief dalliance with chloroquine, remdesivir has suddenly been back in demand as the new hotness of possible COVID-19 treatments. Still, a close reading of the research might give one pause. There have been multiple conflicting studies, and Gilead's own messaging has been a mess.

On April 23, 2020, news of the study’s failure began to circulate. It seems that the World Health Organization (WHO) had posted a draft report about the trial on their clinical trials database, which indicated that the scientists terminated the study prematurely due to high levels of adverse side effects.

The WHO withdrew the report, and the researchers published their results in The Lancet on April 29, 2020.

The number of people who experienced adverse side effects was roughly similar between those receiving remdesivir and those receiving a placebo. In 18 participants, the researchers stopped the drug treatment due to adverse reactions.

But then...

However, also on April 29, 2020, the National Institute of Allergy and Infectious Diseases (NIAID) announced that their NIH trial showed that remdesivir treatment led to faster recovery in hospital patients with COVID-19, compared with placebo treatment.

“Preliminary results indicate that patients who received remdesivir had a 31% faster time to recovery than those who received placebo,” according to the press release. “Specifically, the median time to recovery was 11 days for patients treated with remdesivir compared with 15 days for those who received placebo.”

The mortality rate in the remdesivir treatment group was 8%, compared with 11.6% in the placebo group, indicating that the drug could improve a person’s chances of survival. These data were close to achieving statistical significance.

And then...

“In addition, there is another Chinese trial, also stopped because the numbers of new patients with COVID-19 had fallen in China so they were unable to recruit, which has not yet published its data,” Prof. Evans continues. “There are other trials where remdesivir is compared with non-remdesivir treatments currently [being] done and results from some of these should appear soon.”

Gilead also put out its own press release about another clinical trial, which seems more focused on determining the optimal length of remdesivir treatment. Suffice it to say, there's still a lot of conflicting data and no clear information on whether or not remdesevir actually helps.

Still, that hasn't stopped people from trying to figure out just how much Gilead will price gouge going forward:

The Institute for Clinical and Economic Review (ICER), which assesses effectiveness of drugs to determine appropriate prices, suggested a maximum price of $4,500 per 10-day treatment course based on the preliminary evidence of how much patients benefited in a clinical trial. Consumer advocacy group Public Citizen on Monday said remdesivir should be priced at $1 per day of treatment, since “that is more than the cost of manufacturing at scale with a reasonable profit to Gilead.”

Some Wall Street investors expect Gilead to come in at $4,000 per patient or higher to make a profit above remdesivir’s development cost, which Gilead estimates at about $1 billion.

So... we've got a range of $10 to $4,500 on a treatment that we don't yet know works, and which may or may not save lives. But, given that we're in the midst of a giant debate concerning things like "reopening the economy" -- something that can really only be done if the public is not afraid of dying (or at least becoming deathly ill) -- the value to the overall economy seems much greater than whatever amount Gilead wants to charge. It seems the right thing to do -- again, if it's shown that remdesevir actually helps -- is to just hand over a bunch of money to Gilead, say "thank you very much" and get the drug distributed as widely as possible. Though, again, it should be noted that a decent chunk of the research around remdesevir was not done or paid for by Gilead, but (yet again) via public funds to public universities, which did the necessary research. The idea that it's Gilead that should get to reap massive rewards for that seems sketchy at best. But the absolute worst outcome is one in which Gilead sticks to its standard operating procedure and prices the drug in a way that millions of Americans can't afford it, and it leads to a prolonging/expanding of the pandemic.

Six months ago, which feels like roughly an eternity at this point, we discussed how Jerry Seinfeld and others won an absolutely ludicrous copyright suit filed against them by Christian Charles, a writer and director Seinfeld hired to help him create the pilot episode of Comedians In Cars Getting Coffee. What was so strange about the case is that this pilot had been created in 2012, whereas the lawsuit was only filed in 2018. That coincides with Seinfeld inking a lucrative deal with Netflix to stream his show.

It's not the most well known aspect of copyright law, but there is, in fact, a statute of limitations for copyright claims and it's 3 years. The requirement in the statute is that the clock essentially starts running once someone who would bring a copyright claim has had their ownership of a work disputed publicly, or has been put on notice. Seinfeld argued that he told Charles he was employing him in a work-for-hire arrangement, which would satisfy that notice. His lawyers also pointed out that Charles goes completely uncredited in the pilot episode, which would further put him on notice. The court tossed the case based on the statute of limitations.

For some reason, Charles appealed the ruling. Well, now the Court of Appeals has affirmed that lower ruling, which hopefully means we can all get back to not filing insane lawsuits, please.

We conclude that the district court was correct in granting defendants’ motion to dismiss, for substantially the same reasons that it set out in its well-reasoned opinion. The dispositive issue in this case is whether Charles’s alleged “contributions . . . qualify [him] as the author and therefore owner” of the copyrights to the show. Kwan, 634 F.3d at 229. Charles disputes that his claim centers on ownership. But that argument is seriously undermined by his statements in various filings throughout this litigation which consistently assert that ownership is a central question.

Charles’s infringement claim is therefore time-barred because his ownership claim is time-barred. The district court identified two events described in the Second Amended Complaint that would have put a reasonably diligent plaintiff on notice that his ownership claims were disputed. First, in February 2012, Seinfeld rejected Charles’s request for backend compensation and made it clear that Charles’s involvement would be limited to a work-for-hire basis. See Gary Friedrich Enters., LLC v. Marvel Characters, Inc., 716 F.3d 302, 318 (2d Cir. 2013) (noting that a copyright ownership claim would accrue when the defendant first communicates to the plaintiff that the defendant considers the work to be a work-for-hire). Second, the show premiered in July 2012 without crediting Charles, at which point his ownership claim was publicly repudiated. See Kwan, 634 F.3d at 227. Either one of these developments was enough to place Charles on notice that his ownership claim was disputed and therefore this action, filed six years later, was brought too late.

And that should bring this all to a close, hopefully. This seems like a pretty clear attempt at a money grab by Charles once Seinfeld's show became a Netflix cash-cow. Unfortunately, time is a measurable thing and his lawsuit was very clearly late.

In Matthew 7:15-19, Jesus tells His disciples how to tell good teachers from bad teachers. He tells them to look at the fruit. Is Jesus telling people to look at the lives of other teachers to see if they have good works? No! Not at all. Listen to the study to see what Jesus IS teaching and why this is important for properly understanding the gospel.

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