Friday, 6/7/24

Legalia

Musical rackets

Copyright law is just a big steaming mess. Whenever you think it can’t get crazier, it always does.

YouTube is the ultimate battlefield for copyright claims gone wild. Even when I do a short YouTube video about music, I can never play examples from actual recordings. (That’s why I’ve never given an online course on music history. Corporate lawyers would shut me down in a New York minute.)

Consider the case of the YouTuber whose video got demonetized because his “Samsung washing machine randomly chimed to signal a laundry cycle had finished while he was streaming.”

How is that even possible? But it gets even stranger.

Ashley Belanger reports in Ars Technica:

Apparently, YouTube had automatically scanned Albino’s video and detected the washing machine chime as a song called “Done”…[but it] actually comes from the song “Die Forelle” (“The Trout”) from Austrian composer Franz Schubert.

The song was composed in 1817 and is in the public domain. Samsung has used it to signal the end of a wash cycle for years.

I’m not sure what Schubert would make of all this. But I can assure you that none of his heirs will get a penny from this. That’s not the purpose of song copyrights anymore.

Ted Gioia, in a thoroughly disheartening chronicle of where AI appears to be taking us.

See also James O’Malley, Music Just Changed Forever

One crime with 34 cooties

I have added a P.S. to my recent post “34 Counts!”:

I don’t think I’ll dwell on the 34 counts any more, and regret having done so. The 34 counts were 34 bookkeeping entries. In most courts — and in best practice — this would have been charged as one crime, or so I’m told.

Politics

Sheep

Most Church leaders—conscious that to condemn Nazis for blasphemous kitsch might prove risky—opted to bite their tongues. Some, though, actively lent it their imprimatur. In 1933, the year that Hitler was appointed chancellor, Protestant churches across Germany marked the annual celebration of the Reformation by singing Wessel’s battle hymn. In Berlin Cathedral, a pastor shamelessly aped Goebbels. Wessel, he preached, had died just as Jesus had died. Then, just for good measure, he added that Hitler was ‘a man sent by God’.

Tom Holland, Dominion

I heard David French tell a story about masculinity today that was very David Frenchy in that it was based on a movie, American Assassin:

This is the story of Chris Kyle. And it was — I remember seeing it here in Tennessee. And you couldn’t find a parking spot in our theater. That movie was an absolute sensation.

And one of the most memorable parts of that movie is when Chris Kyle is involved in a playground fight, and his father goes through this sheepdog, sheep, wolf analogy. And that is there’s three kinds of people in this world. There’s the sheep, there are the wolves who prey on the sheep, and the sheepdogs who protect the sheep from the wolf.

And he says, I’m not raising any sheep in this household. So what are you? And at that point, Chris Kyle identifies himself as a sheep dog, as somebody who protects the weak against the wolf. OK? And so it’s a very anti-bullying sort of vision of male courage.

And then here comes Donald Trump, who fits to a T the definition of a wolf, of a bully. The story the right told about itself was that they would be inoculated against the wolf, against the bully, because they have this ethos of the sheepdog.

But then when the wolf arose and the bully arose, they went with the bully, the very person that a generation of young right-wing men were warned about. And so that’s what makes this, in many ways, so much more deeply disturbing even than it otherwise been (sic), because it called into question kind of the cultural enterprise that was happening before Trump.

On that same podcast, Jamelle Bouie, riffing on Trump’s first post-conviction public appearance being UFC (Universal Fight Club), quipped that “Professional wrestling is camp for straight men..”

Not a referendum on Trump?!

I believe I recently passed on an opinion that both Trump and Biden want this election to be a referendum on Trump. Now I pass along the opinion that it’s a referendum on Biden:

[Y]ou can just look at the polls in the US: 51 percent of Americans now support mass deportations of the kind Trump is proposing; including 42 percent of Democrats, and 45 percent of Hispanics. That was unthinkable four years ago — and it’s entirely on Biden. The revolt against this basic failure of governance is now strong even in big cities, run by Democrats, and among non-whites, who are moving toward Trump.

Joe Biden’s main campaign theme seems to be that he alone can defend liberal democracy from Donald Trump. What Biden has never understood is that restricting immigration is absolutely critical to defending liberal democracy. Everything else is just words, condescending words. If Trump triumphs in November, Biden will be responsible for simply ignoring basic political reality, alienating the very people he needs.

…

One person was responsible for Trump’s first term: Hillary Clinton. And one will be responsible for his second: Joe Biden.

I guess it’s worth reiterating at this point that I’m not anti-immigration. It remains the lifeblood of America, and immigration is vital for our future fiscal balance. I’m a proud immigrant myself — and America will always be able to integrate newcomers in ways European countries simply cannot. But, like a huge majority of Americans, I’m in favor of legal, orderly, controlled immigration — and not the chaos we now see everywhere in the West. This is not racism or xenophobia; it’s a recognition that borders and the rule of law matter; and that without secure borders, we risk losing the core reality of a nation-state; and without a better-paced influx, we risk delegitimizing immigration altogether, and balkanizing our societies.

Andrew Sullivan

Loser Trump

Trump’s base does not win elections outside of party primaries. It did not win the midterms for the Republican Party in 2018, it did not win re-election for the Trump in 2020, and it did not win a red wave for Republicans in 2022. The signature Republican victory of the last four years, the election of Glenn Youngkin over Terry McAuliffe in the 2021 Virginia race for governor, rested on an effort to marginalize the Trump base so that party leaders could engineer a nominee with the ability to distance himself from the former president and his movement.

Jamelle Bouie.

And true to form, the RNC’s Lara Trump has issued a fatwa against Larry Hogan, Republican candidate from U.S. Senate from Maryland, for saying the public should respect the process and the verdict in the Trump felony trial. Kiss that seat goodbye, GOP.

Chicken Littles of the Left

Some people reportedly (I haven’t met one outside of click-bait stories) are worked up that some Trump supporters want to ban IVF, contraception, and recreational sex. Though I know some arguments against each of those sacred cows, this strikes me as a reverse mirror-image of QAnon.

I would welcome more careful thought about IVF, but I’m an outlier. Anyone who thinks that a lame duck Donald Trump is going to pander to a very small group of ideologues who are seriously out of step with 90%+ of their countrymen needs to take a deep breath. Anyone who thinks that Donald Trump (who probably has frequent sperm donor perks at the fertility clinics of Manhattan) is personally opposed to IVF, contraception and recreational sex (“I never did anything that needed forgiveness” or something like that, he said) needs inpatient psych care.

Culture

Defining deviancy down … and up

When and why did American life become so coarse, amoral and ungovernable? In his classic 1993 essay, “Defining Deviancy Down”, the late Senator Daniel Patrick Moynihan offered a semantic explanation. He concluded that, as the amount of deviant behaviour increased beyond the levels the community can “afford to recognise”, we have been redefining deviancy so as to exempt conduct we used to stigmatise, while also quietly raising the “normal” level in categories where behaviour is now abnormal by any earlier standard. The reasons behind this, he said, were altruism, opportunism and denial — but the result was the same: an acceptance of mental pathology, broken families and crime as a fact of life.

In that same summer, Charles Krauthammer responded to Senator Moynihan with a speech at the American Enterprise Institute. He acknowledged Senator Moynihan’s point but said it was only one side of the story. Deviancy was defined down for one category of society: the lower classes and black communities. For the middle classes, who are overwhelmingly white and Christian, the opposite was true. Deviancy was in fact defined up, stigmatising and criminalising behaviour that was previously regarded as normal. In other words, there was a double standard at work.

Ayaan Hirsi Ali

Presented without express comment

A new poll from Ipsos has found that support for same-sex marriage among Americans has fallen to just 51% approval.

…

Following a years-long rise in support for gay marriage, a groundswell of anti-woke sentiment emerged around 2021, much of it directed at LGBT activism as parents gained a new window into their children’s curriculum when schooling went remote during the Covid-19 pandemic …

Gay rights have since been lumped in with trans rights in the popular imagination, which may have chipped away some public support for gay marriage at the margins. …

Bev Jackson, co-founder of the LGB Alliance, said the decline in support for same-sex marriage had causes on both the Left and the Right. “Blame for the fall in US support for gay marriage lies partly with the homophobic religious Right. But equally to blame are treacherous organisations like GLAAD and the ACLU which promote insane, deeply unpopular concepts such as gender self-ID and child ‘transition’,” she said. “Gender identity ideologues have been riding on LGB’s coattails for too long, and they’re helping to destroy support for the rights we fought for decades to win.”

Laurel Duggan

Junk info

Junk info is often false info, but it isn’t junk because it’s false. It’s junk because it has no practical use; it doesn’t make your life better, and it doesn’t improve your understanding. Even lies can be nourishing; the works of Dostoevsky are fiction, yet can teach you more about humans than any psychology textbook. Meanwhile, most verified facts do nothing to improve your life or understanding, and are, to paraphrase Nietzsche, as useful as knowledge of the chemical composition of water to someone who is drowning.

Gurwinder

Privileging victims, real and imagined

The intuitive moral structure of our modern social imaginary prioritizes victimhood, sees selfhood in psychological terms, regards traditional sexual codes as oppressive and life denying, and places a premium on the individual’s right to define his or her own existence.

Carl R. Trueman and Rod Dreher, The Rise and Triumph of the Modern Self

Safetyism today

They want revolutionary ends, but they want to hide behind establishment credibility.

Jonah Goldberg, describing the successor ideology, which has famously “march[ed] through the institutions.”

Tipsy the squish

I finally had to replace the color toner cartridges on my laser printer. I opened the red-and-white Canon box I’d ordered months ago. I found unfamiliar packaging of the cartridges and unfamiliar cartridge configuration. I figured out how to install them and then looked for the instructions on recycling them (back to Canon). It was nowhere to be found.

Having seen the word “compatible” a few times, I looked more closely at the box. Where the word Canon should have been, the word “Cartridge” appeared.

I remembered when I purchased them my shock at the low price, but I double- and triple-checked. I thought I was getting an inexplicable price on Canon goods. They still conned me with the Canon-looking box.

Now I’ve got three laser cartridges I can’t recycle, and it bothers me more than such a thing is supposed to bother a conservative.

Which reminds me again of how close “conservative” today is to “barbarian.” My gut-identification today remains “conservative,” but my considered identification is center-right.

Progress

Progress should be about improving the quality of life and human flourishing. We make a grave error when we assume this is the same as new tech and economic cost-squeezing.

Ted Gioia, I Ask Seven Heretical Questions About Progress

GD Misinformation

Mainstream coverage of this issue is a buffet of sanctimonious overclaiming. It says authoritatively that kids in the US can’t go on blockers or hormones prior to lengthy, in-depth assessment (false). That no one under 18 is getting surgery (false). That the worldwide rise in referrals to youth GD clinics is almost entirely the result of reduced stigmatization (no one knows). That GD, or the perception that one has GD, can’t spread through adolescent social networks (almost certainly false on the basis of anecdotal evidence and any familiarity with developmental psychology). That it’s a ‘myth’ that significant number of kids who believe themselves to be trans will later feel differently (false, according to all the existing data). That only a tiny percentage of people detransition (we have no data at all on this in the context of youth gender care in the States).

What the Media Gets Wrong on Gender Reassignment. This is from 2021 when the elites were uniformly purveying lies about Covid, gender dysphoria and who knows what all else. Things have gotten markedly better in recent months on adolescent gender dysphoria.

Capitalistic algorithmic ideological hairball

For many of our applicants—and this, of course, is what the program is about, what the humanities are about—learning has, or ought to have, an existential weight. Beneath their talk of education, of unplugging from technology, of having time for creativity and solitude, I detected a desire to be free of forces and agendas: the university’s agenda of ‘relevance,’ the professoriate’s agenda of political mobilization, the market’s agenda of productivity, the internet’s agenda of surveillance and addiction. In short, the whole capitalistic algorithmic ideological hairball of coerced homogeneity. The desire is to not be recruited, to not be instrumentalized, to remain (or become) an individual, to resist regression toward the mean, or meme.

William Deresiewicz, Deep Reading Will Save Your Soul H/T Frank Bruni (who led me to actually read a piece I’d only skimmed). Ted Gioia, My Lifetime Reading Plan, practiced it before Deresiewicz preached it.

Losers

The characteristic feature of the loser is to bemoan, in general terms, mankind’s flaws, biases, contradictions, and irrationality-without exploiting them for fun and profit.

Nassim Nicholas Taleb, The Bed of Procrustes

So: where did all my mockery of Trump go? Well, first, I resolved to stop harping on it. But then, I just moved it off to my reflexive blog, trying to keep this one relatively reflective.

I suffer more from the humiliations inflicted by my country than from those inflicted on her.

Simone Weil, from a letter to Georges Bernanos.

I don’t do any of the major social media, but I have two sub-domains of the domain you’re currently reading: (a) You can read most of my reflexive stuff, especially political here. (b) I also post some things on the only social medium I frequent, because people there are quirky, pleasant and real.

Potpourri 11/10/18

I indulged my urge to travel from October 29 through election day, with a long transcontinental flight back on Wednesday. Time didn’t permit keeping up with news, let alone commenting.

I’ve spent too much time trying to “catch up.” Aware, though, that much of what passes for news is noise and commercial solicitation, I deleted many items I initially had clipped for later reading.

Here are a few thing that survived.

1 Philosophy and Religion

In the name of mercy, some recent theologians have suggested that there are elements of good in some objectively wrong acts and relationships. For example, friendship is good, and there certainly is an element of friendship in an illicit sexual relationship.

…

The question should not be whether there are elements of value in sins, but whether there is anything valuable about sinning.

Consider: No one can love evil for its own sake. The only thing it is possible to will for its own sake is good. Thus, the only way it is even possible to will an evil is that something about it seems good to us.

But something seems good to us in every evil, because evil cannot exist in itself. The only way to get an evil at all is to take something good and distort it.

The upshot is that the fact that evil contains disordered elements of good doesn’t mean it isn’t evil. What this fact shows is why evil can be attractive.

J Budziszewski, The Underground Thomist (emphasis added).

Having been in the “elements of good” camp, I stand corrected.

The shallowness and poverty of Evangelical thought on sexuality will not be cured by repudiating I Kissed Dating Goodbye. Where’s the positive vision?

Abigaile Rine Favale elaborates.

I’m tempted to elaborate on my own. Nominalism. Realism. Natural Law. Chastity > Virginity. That kind of thing.

But I won’t.

The Becket Fund for Religious Liberty, which represented the Little Sisters, notes that there are many ways for the government to provide contraceptives without forcing nuns to violate their beliefs.

An Unnecessary Culture War: The Little Sisters of the Poor finally get their religious exemption (WSJ, 11/10/18)

I love, and financially support, Becket Fund.

2 Politics

Pace Jonathan Haidt, liberals likely are not more “open” to “experience” in general than conservatives.

News from the birthplace of the free speech movement.

In a real sense, the most fascist people in America are young progressives.

Of all the ways in which Donald Trump’s presidency has made America worse, nothing epitomizes it quite so fully as the elevation of Matthew Whitaker as acting attorney general of the United States. Intellectually honest conservatives — the six or seven who remain, at any rate — need to say this, loudly. His appointment represents an unprecedented assault on the integrity and reputation of the Justice Department, the advice and consent function of the Senate, and the rule of law in the United States.

Bret Stephens

The mystery of Donald Trump is what impels him to overturn the usual rules. Is it a dark sort of cunning or simple defects of character? Because the president’s critics tend to be educated and educated people tend to think that the only kind of smarts worth having is the kind they possess — superior powers of articulation combined with deep stores of knowledge — those critics generally assume the latter. He’s a bigot. He’s a con artist. His followers are dumb. They got lucky last time. They won’t be so lucky again.

Maybe this is even right. But as Trump’s presidency moves forward, it’s no longer smart to think it’s right. There’s more than one type of intelligence. Trump’s is feral. It strikes fast. It knows where to sink the fang into the vein.

Bret Stephens.

Having been recently in the offices of the Jerusalem Post, I was surprised to note that he was once its Editor-in-Chief, and Wikipedia confirms that he took that post when he was all of 29 years old.

Democratic leaders in the House … have the president at a disadvantage. He is a businessman who’s never had to answer to a board. His whole professional life it was him and his whims and his hunger and a series of organizations of which he was sole or principal owner. Democratic leaders should see themselves as his board. They’ve got a CEO they don’t like, but they’ve got some power and they’re using it to save the company. A united board can scare a CEO. Donald Trump up against a board will not be so sure-footed. He will agree to a lot of what you want.

Peggy Noonan.

I love this idea.

With his every utterance, Trump removes the moral guardrails that keep bigotry down.

… How does a conservative movement that is supposed to believe that every healthy society needs powerful moral guardrails give itself over to a president whose every other utterance cheerfully knocks those guardrails down?

The Trumpian defense is that no political leader can fairly be held accountable for the acts of followers like Sayoc, much less of avowed opponents like Bowers. Also, what about James Hodgkinson, the Bernie Sanders supporter who shot Republican Representative Steve Scalise last year? But Sanders wasn’t instigating anyone to violence. He wasn’t calling on supporters at his rallies to “knock the crap out of” hecklers, or praising fellow members of Congress for body slamming a reporter.

… fanning one set of hatreds against immigrants has a way of fanning others, as it did for Bowers when he attacked the synagogue because he was enraged by its support for the Hebrew Immigrant Aid Society.

Bret Stephens, Yes, the President Bears Blame for the Terror From the Right.

Inclined to agree though a bit unsure, I nevertheless thought this merited consideration. No, on second thought, I agree. Period. Full stop.

“In my study of communist societies, I came to the conclusion that the purpose of communist propaganda was not to persuade or convince, not to inform, but to humiliate; and therefore, the less it corresponded to reality the better. When people are forced to remain silent when they are being told the most obvious lies, or even worse when they are forced to repeat the lies themselves, they lose once and for all their sense of probity. To assent to obvious lies is…in some small way to become evil oneself. One’s standing to resist anything is thus eroded, and even destroyed. A society of emasculated liars is easy to control. I think if you examine political correctness, it has the same effect and is intended to.”
― Theodore Dalrymple

Via Rod Dreher

Communism is dead, but pray for the humiliated souls of Sean Spicer, Sarah Huckabee Sanders, and all the other Trumpish sycophants who abase themselves with transparent lies for their boss.

It just occurred to me as I tagged and categorized this blog that “conservative” and “liberal” seemed to me to suffice for casual political talk. Then I decided that “right liberalism” and “left liberalism” were maybe more precise, as both fit classic liberalism. Now, with illiberals in the alt-right and progressive left, I’m more convinced than ever that “right liberalism” and “left liberalism” are useful and important categories (though I’ll probably continue to use conservative and liberal from habit).

A coalition of classical liberals might be a really good idea, but I’m not sure that Trump, who looks alt-right in comparison to right-liberals, will allow it.

3 Europe

“We have to protect ourselves with respect to China, Russia and even the United States of America,” Mr. Macron said on French radio.

…

Europe is the “main victim,” Mr. Macron said, of Mr. Trump’s decision to withdraw from the landmark 1987 Intermediate-Range Nuclear Forces Treaty. That accord prohibits the use of intermediate- and shorter-range rockets, as well as testing, producing or fielding new ground-based missiles.

“We will not protect the Europeans unless we decide to have a true European army,” Mr. Macron said.

Wall Street Journal.

This, of course, set Trump into foaming at the mouth.

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