Tuesday, July 27, 2010

How Competent is Your Average Man in Recognizing Talent or Ability Outside of Context and Beyond Being Told Something is True or Good?

This email circulates through cyberspace. True or false?
In Washington , DC , at a Metro Station, on a cold January morning in 2007, this man with a violin played six Bach pieces for about 45 minutes.  During that time,approximately 2,000 people went through the station, most of them on their way to work.  After about 3 minutes, a middle-aged man noticed that there was a musician playing.  He slowed his pace and stopped for a few seconds, and then he hurried on to meet his schedule.

About 4 minutes later The violinist received his first dollar.  A woman threw money in the hat and, without stopping, continued to walk.

At 6 minutes A young man leaned against the wall to listen to him, then looked at his watch and started to walk again.

At 10 minutes A 3-year old boy stopped, but his mother tugged him along hurriedly.  The kid stopped to look at the violinist again, but the mother pushed hard and the child continued to walk, turning his head the whole time.  This action was repeated by several other children, but every parent - without exception - forced their children to move on quickly.

At 45 minutes The musician played continuously.  Only 6 people stopped and listened for a short while.  About 20 gave money but continued to walk at their normal pace.  The man collected a total of $32.

After 1 hour He finished playing and silence took over.  No one noticed and no one applauded.  There was no recognition at all.

No one knew this, but the violinist was Joshua Bell, one of the greatest musicians in the world.  He played one of the most intricate pieces ever written, with a violin worth $3.5 million dollars.  Two days before, Joshua Bell sold-out a theater in Boston where the seats averaged $100 each to sit and listen to him play the same music.

This is a true story.  Joshua Bell, playing incognito in the D.C.  Metro Station, was organized by the Washington Post as part of a social experiment about perception, taste and people's priorities.

This experiment raised several questions:

* In a common-place environment, at an inappropriate hour, do we perceive beauty?

* If so, do we stop to appreciate it?

* Do we recognize talent in an unexpected context?

One possible conclusion reached from this experiment could be this If we do not have a moment to stop and listen to one of the best musicians in the world, playing some of the finest music ever written, with one of the most beautiful instruments ever made .  .  .

How many other things are we missing as we rush through life?

Snopes confirms that the story is true

The kids instinctively heard that the "fiddler" was special and wanted to hear him play -- shades of the Pied Piper.

However, with the exception of a miniscule percent of adults, on the other hand, "grown-ups" had no clue whatsoever that the street violinist represented the pinnacle of his profession.

My experience definitely confirms the truth of Joshua Bell's story. Most "adults" in real life know that something is "true" or "good" only if they are told that it is "true" or "good" and if the attendant environment fits their expectations, regardless of the actual reality.

In fact, we were led to post the above story because of an email from a critic who explained to us that some of our ideas about economics would not cut it with "mainstream" economists, as if that made any difference to us.

Some people only know or think they know that which the so-called "established" world tells them. How sad to be unable to have a mind of your own and to determine for yourself what is good and not good and what is true and not true.

Indeed, in the course of their seemingly "own" life", almost all adults ultimately adopt the religion and political views of their parents, all the while proclaiming that they are thinking independently for themselves, whereas in fact they merely inherit their views from their elders. It is no difference with science, law or economics. Perhaps it takes a special character not to be just a parrot.

Hat tip to CaryGee.

Library of Congress Designates Six Classes of Works as Exempt from DMCA Prohibition of Circumvention of Technology and e.g. Permits Users to Bypass iPhone, iPod or iPad Controls to Run Lawfully Obtained Software

Debra Cassens Weiss at the ABA Journal Law News Now in Library of Congress Allows iPhone ‘Jailbreaking,’ Turns Aside Apple’s IP Objection writes in citing to a WSJ article via Neil Hughes' article at AppleInsider re the article of Joelle Tessler of the AP at Yahoo News that the Library of Congress has exercised its power to carve exemptions to the DMCA (Digital Millennium Copyright Act) and has inter alia issued a final rule that:
"[G]ives iPhone [and iPod and iPad] users the freedom to bypass controls on the devices without fear of running afoul of copyright law.... “jailbreaking” is permissible to run lawfully obtained software...."
Jenna Wortham at New York Times Technology has a link to the relevant Library of Congress statement, which carves out additional exemptions (six in total which we have highlighted below):

Statement of the Librarian of Congress Relating to Section 1201 Rulemaking


Section 1201(a)(1) of the copyright law requires that every three years I am to determine whether there are any classes of works that will be subject to exemptions from the statute’s prohibition against circumvention of technology that effectively controls access to a copyrighted work. I make that determination at the conclusion of a rulemaking proceeding conducted by the Register of Copyrights, who makes a recommendation to me. Based on that proceeding and the Register’s recommendation, I am to determine whether the prohibition on circumvention of technological measures that control access to copyrighted works is causing or is likely to cause adverse effects on the ability of users of any particular classes of copyrighted works to make noninfringing uses of those works. The classes of works that I designated in the previous proceeding expire at the end of the current proceeding unless proponents of a class prove their case once again.

This is the fourth time that I have made such a determination. Today I have designated six classes of works. Persons who circumvent access controls in order to engage in noninfringing uses of works in these six classes will not be subject to the statutory prohibition against circumvention. [emphasis added by LawPundit]

As I have noted at the conclusion of past proceedings, it is important to understand the purposes of this rulemaking, as stated in the law, and the role I have in it. This is not a broad evaluation of the successes or failures of the DMCA. The purpose of the proceeding is to determine whether current technologies that control access to copyrighted works are diminishing the ability of individuals to use works in lawful, noninfringing ways. The DMCA does not forbid the act of circumventing copy controls, and therefore this rulemaking proceeding is not about technologies that control copying. Nor is this rulemaking about the ability to make or distribute products or services used for purposes of circumventing access controls, which are governed by a different part of section 1201.

In this rulemaking, the Register of Copyrights received 19 initial submissions proposing 25 classes of works, many of them duplicative in subject matter, which the Register organized into 11 groups and published in a notice of proposed rulemaking seeking comments on the proposed classes. Fifty-six comments were submitted. Thirty-seven witnesses appeared during the four days of public hearings in Washington and in Palo Alto, California. Transcripts of the hearings, copies of all of the comments, and copies of other information received by the Register have been posted on the Copyright Office's website.

The six classes of works are:

(1) Motion pictures on DVDs that are lawfully made and acquired and that are protected by the Content Scrambling System when circumvention is accomplished solely in order to accomplish the incorporation of short portions of motion pictures into new works for the purpose of criticism or comment, and where the person engaging in circumvention believes and has reasonable grounds for believing that circumvention is necessary to fulfill the purpose of the use in the following instances:
(i) Educational uses by college and university professors and by college and university film and media studies students;
(ii) Documentary filmmaking;
(iii) Noncommercial videos
(2) Computer programs that enable wireless telephone handsets to execute software applications, where circumvention is accomplished for the sole purpose of enabling interoperability of such applications, when they have been lawfully obtained, with computer programs on the telephone handset.
(3) Computer programs, in the form of firmware or software, that enable used wireless telephone handsets to connect to a wireless telecommunications network, when circumvention is initiated by the owner of the copy of the computer program solely in order to connect to a wireless telecommunications network and access to the network is authorized by the operator of the network.
(4) Video games accessible on personal computers and protected by technological protection measures that control access to lawfully obtained works, when circumvention is accomplished solely for the purpose of good faith testing for, investigating, or correcting security flaws or vulnerabilities, if:
(i) The information derived from the security testing is used primarily to promote the security of the owner or operator of a computer, computer system, or computer network; and
(ii) The information derived from the security testing is used or maintained in a manner that does not facilitate copyright infringement or a violation of applicable law.
(5) Computer programs protected by dongles that prevent access due to malfunction or damage and which are obsolete. A dongle shall be considered obsolete if it is no longer manufactured or if a replacement or repair is no longer reasonably available in the commercial marketplace; and
(6) Literary works distributed in ebook format when all existing ebook editions of the work (including digital text editions made available by authorized entities) contain access controls that prevent the enabling either of the book’s read-aloud function or of screen readers that render the text into a specialized format. [emphasis added by LawPundit]

All of these classes of works find their origins in classes that I designated at the conclusion of the previous rulemaking proceeding, but some of the classes have changed due to differences in the facts and arguments presented in the current proceeding. For example, in the previous proceeding I designated a class that enable film and media studies professors to engage in the noninfringing activity of making compilations of film clips for classroom instruction. In the current proceeding, the record supported an expansion of that class to enable the incorporation of short portions of motion pictures into documentary films and noncommercial videos for the purpose of criticism or comment, when the person engaging in circumvention reasonably believes that it is necessary to fulfill that purpose. I agree with the Register that the record demonstrates that it is sometimes necessary to circumvent access controls on DVDs in order to make these kinds of fair uses of short portions of motion pictures.

U.S. Copyright Office
101 Independence Avenue SE
Washington, DC 20559-6000
(202) 707-3000
Revised: 23-Jul-2010

It All Ends with "The Price of Oil": The Last ABA Connection CLE is August 18

Editor Kristin Choo writes at the ABA Journal that the ABA Connection is being discontinued:
"After a 14-year run, this is the final installment of our monthly ABA Connection series, which paired a feature story about a substantive area of the law with a continuing legal education course. We will, of course, continue to cover developments in a variety of practice areas, but without links to a specific CLE program.
The last CLE is "The Price of Oil" on August 18 - see The Price of Oil

Innovation, Patents, Licensing: July 29, 2010 CLE WEBCAST forthcoming on Rewards and Risks of "Green" and How to Make Your IP Assets Work Double-Duty While Minimizing the Risks of Disputes

Foley and Lardner LLP at their Nano and Cleantech Blog announce a forthcoming July 29, 2010 CLE webcast on the Rewards and Risks of "Green:" How to Make Your IP Assets Work Double-Duty While Minimizing the Risks of Disputes

Hat tip to diffbot.com and Patent Infringement Updates.

LawPundit Post Archive

The ISandIS Network

Our Websites and Blogs: 3D Printing and More 99 is not 100 Aabecis AK Photo Blog Ancient Egypt Weblog Ancient Signs (the book) Ancient World Blog AndisKaulins.com Anthropomorphic Design Archaeology Travel Photos (blog) Archaeology Travel Photos (Flickr) Archaeo Pundit Arts Pundit Astrology and Birth Baltic Coachman Bible Pundit Biotechnology Pundit Book Pundit Chronology of the Ancient World Computer Pundit DVD Pundit Easter Island Script Echolat edu.edu Einstein’s Voice Energy Environment and Climate Blog Etruscan Bronze Liver of Piacenza EU Laws EU Legal EU Pundit FaceBook Pundit Gadget Pundit Garden Pundit Golf Pundit Google Pundit Gourmet Pundit Hand Proof HousePundit Human Migrations Idea Pundit Illyrian Language Indus Valley Script Infinity One : The Secret of the First Disk (the game) Jostandis Journal Pundit Kaulins Genealogy Blog Kaulinsium Kiel & Kieler Latvian Blog LawPundit.com Law Pundit Blog LexiLine.com LexiLine Group Lexiline Journal Library Pundit Lingwhizt LinkedIn Literary Pundit Magnifichess Make it Music Maps and Cartography Megalithic World Megaliths Blog) Megaliths.net Minoan Culture Mutatis Mutandis Nanotech Pundit Nostratic Languages Official Pundit Phaistos Disc Pharaonic Hieroglyphs Photo Blog of the World Pinterest Prehistoric Art Pundit Private Wealth Blog PunditMania Quanticalian Quick to Travel Quill Pundit Road Pundit Shelfari SlideShare (akaulins) Sport Pundit Star Pundit Stars Stones and Scholars (blog) Stars Stones and Scholars (book) Stonehenge Pundit The Enchanted Glass Twitter Pundit UbiquitousPundit Vision of Change VoicePundit WatchPundit Wine Pundit Word Pundit xistmz YahooPundit zistmz