The Daily Parker

Via Sullivan, the L.A. Times reports that atheists are moving toward official recognition in the U.S. military:

Religion — specifically Christianity — is embedded in military culture. The Chaplain Corps traces its origins to the Continental Army during the Revolutionary War. Until the 1970s, the service academies required cadets to attend chapel services. Nightly prayers still are broadcast throughout Navy ships at sea. ... [N]onbelievers describe themselves as a minority that is often isolated and sometimes closeted.

In practical terms, [Army Capt. Ryan] Jean says, lay-leader status would make it easier for atheists at Ft. Meade to get access to facilities and services on the base. But he says recognition would carry a larger message.

Since a majority of Americans practice religion, it follows that a majority of the military do as well. But the proportion of people who don't, and of military personnel who don't, may be larger than the proportion of people who practice any single religion. They deserve the same mental-health services that military chaplains provide to religionists.

Let's not forget: Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof. I daresay if Congress can't, neither can the armed services.

This morning The Daily Parker received a press release from Gary Christen, responding to my analyses of their lawsuit against the guys who maintain the Posix time zone database (here, here, and here).

Unfortunately for Christen, Astrolabe's response fails to rebut my central assertions. I said, essentially, they have failed to state a claim upon which relief can be granted by a Federal court (or, as one of my colleagues who actually practices law suggested, their complaint is actionable in itself). Their response doesn't make their original claim any stronger.

Christen seems at pains to make non-technical people feel better about the alarm we technical people raised regarding the likely effects of shutting down the tzinfo project. "Astrolabe has now done a careful reading of ... the various industry publications that broke this story on October 7," Christen claims, but if so it was a reading without comprehension. We technical folks got over our panic in about thirty seconds, in favor of outrage and scorn. And with their detailed, bullet-pointed release, Astrolabe systematically reinforces this writer's outrage and scorn.

Taking each of Christen's points in turn:

1. Astrolabe’s lawsuit is in no way intended to interfere with compilation of current time-zone information maintained by Mssrs. Olson and Eggert, or any other persons.

Read in the light most favoring the plaintiff, this is irrelevant. Read in the light of my office, it's false. Astrolabe's intent is irrelevant in any case; the tzinfo database contains historical and prospective time zone data because computers on occasion need to represent times and dates in the past. For that, and other technical reasons I'll get into in another post, "past" and "future" data can't be separated. Shutting down the tzinfo project shuts down the whole thing.

2. The aim of Astrolabe’s suit is only to enforce copyright protection for materials regarding historical time data prior to 2000. This does not affect current time-setting on computers, and it has little or no effect on the Unix computing world.

Taking the second sentence, time-setting isn't the issue; time display is; and if their suit survives a motion to dismiss (big "if"), it could have a crippling effect on time displays in the U.S. But the first sentence demonstrates nicely the fallacy of petitio principii (begging the question) concerning who owns the material in the first place.

3. The fact is that the historical time zone data compiled by ACS is protected by registered copyrights, first on its publication in book form as the American Atlas and the International Atlas, and later in electronic form as the ACS PC Atlas.

Gary, the data is not protected by copyright. Of course the books and the software are protected, which no one disputes. But the data—Gary, can't you understand the difference?

Let me try to help. Let's say the book has the sentence "In 1985, the U.S. passed a law that moved the first day of Daylight Saving Time from the last Sunday in April to the first Sunday." The tzinfo database distills from that sentence the following entry: "Rule US 1987 2006 - Apr Sun>=1 2:00 1:00 D". Does the database entry look, maybe, a little different? Can you start to see how the fact and its expression have different forms? No? Sigh.

The question of whether the material is “copyrightable”: has already been decided by the U.S. Copyright Office in the affirmative.

NO, NO, NO, you crashing ignoramus. Wow, either you got astoundingly bad legal advice, or ignored the advice you got.

The Copyright Office does not decide whether a work presented for registration is protected; it simply registers the work. All creative works have presumptive copyright protection at the time of creation. Copyright registration provides legal benefits in the event of infringement. But the Copyright Office makes no determinations at all on the validity of the copyright claim.

But "the material" in the tzinfo database is not subject to copyright protection, as Judge O'Toole is going to make clear to you in short order.

4. Why is the material considered copyrightable? Many hold the mistaken belief that all databases are mere compilations of fact, and are therefore not subject to copyright. However, compiling the ACS database went far beyond gathering official government data. In 20th-century America, particularly in the Midwest, time standards were a chaotic patchwork of not only state and local ordinances, but even of different time observances in the same jurisdiction.

Gary, the information expressed in the tzinfo database "is...considered copyrightable" only by Astrolabe, not, in fact, by Title 17, U.S. Code. And as your attorney should have told you, it doesn't matter whether the authors crossed fields of broken glass barefoot and rinsed the blood off with lemon juice in an effort to find the answer to the ultimate question of life, the universe, and time zones. Once the answer is out there, the facts are public domain. I can tell everyone I want that the answer is 42, and neither you nor the restless ghost of Douglas Adams can make a penny off me saying so.

5. Why did the ACS compilers bother to undertake this effort?

Having moved from petitio principii we move now to argumentum ad misericordiam, an argument to pity. No one cares whether you are curing cancer, leading us to eternal salvation, or as you suggested in your press release, you guys "are money-seeking parasites on society," all that matters right now is the nature of the material you claim to own.

6. Why is Astrolabe suing to defend this copyright? ... Astrolabe inherited the obligation to pay royalties on the Atlas to Michelsen’s widow and to the other principal compilers, who are now at retirement-age.

Oh my heavens, save the widows and orphans! It's irrelevant to your lawsuit, but it does fill me with emotion. Unfortunately, the emotion is disgust.

You blocks, you stones, you worse than senseless things, this lawsuit reduces the market for your book. The tzinfo database not only exhorts people to buy the books (thus creating the onerous obligation for you to give a few of your hard-inherited dollars back to the family of the guy who wrote them) but gives expression to the data the books contain such that the entire world can benefit from it. Given that computer software engineers, being logical sorts, generally avoid bunkum, the tzinfo database creates a market for the books that would never have otherwise heard of them.

Contrary to the accusations that it is trolling for dollars, it is not filing this suit in pursuit of vast amounts of cash. In the astrology world, there are no vast amounts of cash. The suit was filed in order to make Astrolabe’s concerns known to Mssrs. Olson and Eggert having not received a satisfactory reply to earlier phone calls and letters. Astrolabe has no wish to cripple the database on which Unix, Linux, Java and other computing depends.

Obviously you're not interested in money, because you would have named the U.S. government and the University of California as defendants if you were. (By the way, you need a new lawyer, or you need to listen to the one you have. Since Olson and Eggert maintained the tzinfo database in their official capacities as employees of those institutions, their employers will be joined in the suit eventually, and now you're up against a lot of really good attorneys. Good luck.)

But wait—you filed a Federal lawsuit to make a point? Because Olson and Eggert ignored your calls as any reasonable person would when some crank claims ownership of historical facts? And didn't you write earlier—right there, in the first bullet point—that you "in no way intended to interfere with compilation of current time-zone information maintained by Mssrs. Olson and Eggert?"

Finally, your conclusion:

In filing this suit, Astrolabe has touched the hot buttons on a number of highly emotional issues. One issue is the long-held right of people to receive money for their labors vs. the newer values of open sourcing, wiki and the other forms of the free information exchange that have made the internet so great.

No, you've touched on a well-settled legal issue. The people who labored on the work you're attacking didn't ask for compensation; they donated their time and efforts to the tzinfo project. Also, you, Gary, didn't provide any labor at all. You bought the rights at a bankruptcy sale. Think on what that says about your concerns for the widows and orphans, not to mention your noble purpose in filing this suit. Will you give all the cash flows from the sale of the ACS books directly to the creator's estate? No? Why not?

Another is the clash of paradigms between a mechanistic one unfriendly to astrology and a newer (and older) one that recognizes that the universe is far more mysterious than we thought.

The only reason people think it at all interesting you lot are astrologers is simply that it suggests you refuse to accept evidence as a way of understanding the world. If you want to live in your demon-haunted world and fleece people with similar beliefs, that's your right as Americans.

But filing a lawsuit in U.S. District Court inserts you into the reality-based community in ways I don't think you understand. Preach ignorance all you want; just not in Federal court.

Finally, I have to call out for special derision this bit:

[I]n answer to those whose outrage is increased by the fact that astrologers are the plaintiffs, we can only say that these detractors are uninformed. Uncritical recipients of the opinions of those who are higher in status than they are, they have obviously never experienced the power of astrology for themselves. Why astrology works is still a mystery, but as the prevailing paradigm morphs from 19th-century mechanism into one that has to embrace all the new things we are finding out about the universe, perhaps we will soon have a plausible explanation. Anyway, to those who know that astrology is bunkum and its practitioners are money-seeking parasites on society, all we can say is try to be a bit humbler and accept that the universe is far more mysterious than you imagine.

We aren't pissed at you because you're astrologers; we're pissed at you because you're stupid. Speaking only for myself, precisely my ability to think critically and my refusal to accept extraordinary claims without extraordinary evidence (from anyone regardless of status) lead me to conclude that this lawsuit is the work of children, who have neither the comprehension, the logic, nor the humility to realize their error in misusing the legal process in their tantrum. I don't wish you harm; I don't care whether your business succeeds or fails; but I do wish upon you and your attorney a Rule 11 dismissal with sanctions so harsh they're recorded in the stars for generations to come.

I'm David Braverman, this is my blog, and Parker is my 5-year-old mutt. I last updated this About... page in February, but some things have changed. In the interest of enlightened laziness I'm starting with the most powerful keystroke combination in the universe: Ctrl-C, Ctrl-V.

Twice. Thus, the "point one" in the title.

The Daily Parker is about:

• Parker, my dog, whom I adopted on 1 September 2006.
• Politics. I'm a moderate-lefty by international standards, which makes me a radical left-winger in today's United States.
• Photography. I took tens of thousands of photos as a kid, then drifted away from making art until a few months ago when I got the first digital camera I've ever had that rivals a film camera. That got me reading more, practicing more, and throwing more photos on the blog. In my initial burst of enthusiasm I posted a photo every day. I've pulled back from that a bit—it takes about 30 minutes to prep and post one of those puppies—but I'm still shooting and still learning.
• The weather. I've operated a weather website for more than ten years. That site deals with raw data and objective observations. Many weather posts also touch politics, given the political implications of addressing climate change, though happily we no longer have to do so under a president beholden to the oil industry.
• Chicago, the greatest city in North America, and the other ones I visit whenever I can.

I've deprecated the Software category, but only because I don't post much about it here. That said, I write a lot of software. I work for 10th Magnitude, a startup software consultancy in Chicago, I've got about 20 years experience writing the stuff, and I continue to own a micro-sized software company. (I have an online resume, if you're curious.) I see a lot of code, and since I often get called in to projects in crisis, I see a lot of bad code, some of which may appear here.

I strive to write about these and other things with fluency and concision. "Fast, good, cheap: pick two" applies to writing as much as to any other creative process (cf: software). I hope to find an appropriate balance between the three, as streams of consciousness and literacy have always struggled against each other since the first blog twenty years ago.

If you like what you see here, you'll probably also like Andrew Sullivan, James Fallows, Josh Marshall, and Bruce Schneier. Even if you don't like my politics, you probably agree that everyone ought to read Strunk and White, and you probably have an opinion about the Oxford comma—punctuation de rigeur in my opinion.

Another, non-trivial point. Facebook reads the blog's RSS feed, so many people reading this may think I'm just posting notes on Facebook. Facebook's lawyers would like you to believe this, too. Now, I've reconnected with tons of old friends and classmates through Facebook, I play Scrabble on Facebook, and I eagerly read every advertisement that appears next to its relevant content. But Facebook's terms of use assert ownership of everything that appears on their site, regardless of prior claims, which contravenes four centuries of law.

Everything that shows up on my Facebook profile gets published on The Daily Paker first, and I own the copyrights to all of it (unless otherwise disclosed). I publish the blog's text under a Creative Commons attribution-nonderivative-noncommercial license; republication is usually OK for non-commercial purposes, as long as you don't change what I write and you attribute it to me. My photos, however, are published under strict copyright, with no republication license, even if I upload them to other public websites. If you want to republish one of my photos, just let me know and we'll work something out.

Anyway, thanks for reading, and I hope you continue to enjoy The Daily Parker.

Via Sullivan, a report that members of an Amish sect in Kentucky have gone to jail over orange triangles on their buggies:

The orange triangles are required on all slow-moving vehicles, according to Kentucky state law.

Nine me

n in the western part of the state have refused to use them. They belong to the Old Order Swartzentruber Amish.

According to court documents, this sect follows a strict code of conduct, called Ordnung, which "regulates everything from hairstyle and dress to education and transportation." They believe that displays of "loud" colors should be avoided, along with the use of "worldly symbols." Swartzentruber Amish believe such symbols indicate the user no longer trusts fully in God.

The Swartzentruber Amish use reflective tape, but refuse to use the orange triangle.

[A friend of the men] says there is another problem with the orange triangle for the Swartzentruber Amish. The triangle is a symbol of the Holy Trinity - God the Father, God the Son and God the Holy Ghost. Swartzentruber Amish believe in the unity of God, says Via, which motivates their refusal to use the symbol, in addition to the other reasons.

But...jail? Well, yes:

After the appeal of their 2008 conviction was denied, Menno Zook, Danny Byler, Mose Yoder, Levi Hotetler, David Zook and Eli Zook refused to pay the small fines associated with their conviction. All six are currently serving sentences ranging from three to 10 days in the Graves County Jail, according to the jail's website.

So, Pinky, are you pondering what I'm pondering? Exactly. Does the first amendment extend to preventing the government fining people for not putting orange triangles on their horse-drawn buggies? As an academic question, I find this fascinating. As a practical matter, I think the state pursuing this is ridiculous. But as a philosophical matter, I say render unto Caesar: if you want to use roads provided by the state, accept the rules that come with it.

Thoughts?

From the New Yorker:

UPDATE: Pretty pleased with what I’ve come up with in just six days. Going to take tomorrow off. Feel free to check out what I’ve done so far. Suggestions and criticism (constructive, please!) more than welcome. God out.

COMMENTS (24)

Beta version was better. I thought the Adam-Steve dynamic was much more compelling than the Adam-Eve work-around You finally settled on.

Adam was obviously created somewhere else and then just put here. So, until I see some paperwork proving otherwise, I question the legitimacy of his dominion over any of this.

Heh.

Because only in the United States do we have, enshrined in our basic law, the right to establish a city populated exclusively by religious nutters:

Kiryas Joel is an enclave of ultra-orthodox Jews who belong to the Satmar Hasidic sect. Members of this group believe in separating themselves from others – they’d rather not be around non-sect members. Thirty-four years ago, they won the right to create their own village from the surrounding community of Monroe.

The village’s founders might have envisioned an idyllic community where people of a shared faith lived in harmony. It hasn’t worked out that way. As often happens when people live in insular communities, factions emerge. Dissidents in Kiryas Joel don’t like the way the town of about 20,000 is being run. The dissidents, who by some accounts now make up 40 percent of the community, say religious discrimination is rampant. They say if you don’t belong to the right synagogue, you’re a second-class citizen.

Money quote:

A sign at the village entrance admonishes visitors to dress modestly. Cleavage-revealing tops for women are verboten, and both sexes are told to cover arms and legs. Couples are advised to "maintain gender separation in public places." ... Imagine the reaction from the Religious Right if this were a town of fundamentalist Muslims and they erected a sign reading, "Women are welcome to visit if accompanied by a male relative. Please respect our values by wearing a burqa."

Of course, the same constitutional language giving people freedom of religion also takes a little bit back. In fact, the establishment clause comes before the free exercise clause. We adopted the first amendment to prevent having the head of state also be the head of the official church, as it was (and still is) in England. What does this mean for Kiryas Joel? Well, you see, if the village government and the biggest synagogue are the same people...yeah. Thus, the lawsuit.

I'll keep my eye on this.

They aired two back-to-back stories on Weekend Edition. First, they reported that for reasons that passeth understanding, the NRA got Florida to pass a law prohibiting doctors from asking about guns in the house:

For decades, the American Academy of Pediatrics has encouraged its members to ask questions about guns and how they're stored, as part of well-child visits.

But Marion Hammer, the National Rifle Association's lobbyist in Tallahassee, says that's not a pediatrician's job.

"We take our children to pediatricians for medical care — not moral judgment, not privacy intrusions," she says. NRA lobbyists helped write a bill that largely bans health professionals from asking about guns. Hammer says she and other NRA members consider the questions an intrusion on their Second Amendment rights.

"This bill is about helping families who are complaining about being questioned about gun ownership, and the growing anti-gun political agenda being carried out in examination rooms by doctors and staffs," Hammer says.

What the...? Getting shot causes medical problems, right? And there's a demonstrated (but not necessarily causal) link between gun ownership and medical risks, right? So asking about guns and other dangerous items in the house might be part of a good medical history, don't you think? Apparently the NRA don't. If they're so concerned about gun-owner privacy, why not pass a privacy law instead? Oh, right—doctors are already forbidden from sharing medical histories.

The story immediately following that one had Barbara Bradley Hagerty asking, completely straight-faced (which is easier to discern on the radio than you might imagine), why people believe May 21st is judgment day:

Most Bible scholars note that even Jesus said he had no idea when Judgment Day would come. But May 21 believers like Haubert are unfazed.

"I've crunched the numbers, and it's going to happen," [actuary Brian Haubert, 33,] says.

Haubert says the Bible contains coded "proofs" that reveal the timing. For example, he says, from the time of Noah's flood to May 21, 2011, is exactly 7,000 years. Revelations like this have changed his life.

"I no longer think about 401(k)s and retirement," he says. "I'm not stressed about losing my job, which a lot of other people are in this economy. I'm just a lot less stressed, and in a way I'm more carefree."

Only last week I read a Mother Jones article about denial science, which opened with a description of The Seekers, who believed aliens would spirit them away on or before the end of the world, which would happen 21 December 1954. After giving up all they owned and waiting for their version of the Rapture, they concluded from the lack of cataclysm that the aliens had seen their devotion and decided to save the planet, thanks to the Seekers. I wonder what Haubert and his friends will say on May 22nd?

Not only that, but: he's an actuary? On the basis of the available information, one must conclude he's not a very good one.

The Catholic Archdiocese of Milwaukee is bankrupt:

On the first anniversary of his installation, Milwaukee Archbishop Jerome Listecki announced Tuesday afternoon that the archdiocese will file for Chapter 11 bankruptcy protection.

Listecki said the move was necessary to fairly compensate victims and continue the "essential ministries" of the church, and urged the faithful not to blame the victims.

Yes, Archbishop, blaming the children that priests raped for the Church passing the criminals around instead of surrendering them to the secular authorities would be in poor taste.

The story continues:

The bankruptcy petition will not include parishes, schools and other Catholic entities that are separately incorporated, he said.

Just before the news conference, a group of advocates for the victims of clergy sex abuse said bankruptcy allows Listecki to avoid depositions and questions under oath in court about the abuse cases.

"This is about protecting church secrets, not church assets," said David Clohessy, national director of SNAP, the Survivor's Network of those Abused by Priests. "The goal here is to prevent top church managers from being questioned under oath about their complicity, not 'compensating victims fairly.' "

Do you suppose Ratzinger will pass the plate in the Vatican to help the archdiocese?

I admit that phrase doesn't have as much pull with Orthodox Jews as it might with other religious groups. Still, the story of an Orthodox couple who don't accept that they're divorced even though they have a perfectly valid divorce under state law encapsulates much of what frustrates me about fundamentalists:

The Friedman case has become emblematic of a torturous issue in which only a husband can "give" a get. While Jewish communities have historically pressured obstinate husbands to give gets, this was a very rare case of seeking to shame the husband in the secular world.

Holding signs saying, "Do the right thing" and "Free your wife," the crowd [protesting outside the husband's apartment] included religious women with their heads covered, men in skullcaps and a rabbi with a bullhorn who shouted, "Withholding a get is abusive."

All parties have said that Mr. Friedman is angry about the custody order, which grants him three weekends a month with his daughter, two of them in Philadelphia, beginning at 6 p.m. on Fridays. As a religious Jew, Mr. Friedman will not drive from sundown Friday to sundown Saturday — so he cannot see his daughter until Sunday.

The custody order is "a joke," said Yisroel Belsky, a prominent Brooklyn rabbi. "The court decided in a bullheaded way not to respect the Shabbos," or Sabbath, he said in a interview.

On the first point: they're divorced. The only reason to get the Get is to marry someone else in a religious service. Nothing, at all, legally prevents either party from marrying right now. But they have chosen to follow their religious laws instead of Maryland's and Pennsylvania's. That's a choice.

On the second point, which is similar: Belsky has it backwards. Mr. Friedman is deciding in a bullheaded way not to drive. He's choosing his religious beliefs over seeing his daughter. Rabbi Belsky should be advised that the judge really can't respect the Sabbath qua Sabbath because of the first amendment; but the judge should respect the agreement of the couple. So the question should be, why did Friedman's lawyer agree to a custody arrangement that ran afoul of Friedman's religion? Or what happened in the courtroom that led to this outcome?

Protesting outside the guy's house and writing to his employer (like one rabbi) cross the line. Get your crazy back in shul where it belongs.

And not to fan the crazy, but can someone tell me why the ex-wife doesn't just rip up the ketubah? Doesn't that accomplish the same thing as a get?

Via Sullivan, who spends all day surfing the net so you and I don't have to: