Is Being Fat a Crime

Fox News, Matt Drudge and their minions like Bill O’Reilly are trying to make political points by criticizing Obama’s nominee for the US Surgeon General post, Dr. Regina Benjamin. Sadly, Julie Deardorff of the Chicago Tribune has joined in the bully brigade.

Lobby Horse

The question is at the heart of a debate set off when Dr. Regina Benjamin was nominated for surgeon general. A MacArthur Foundation “genius grant” recipient who set up a medical clinic in hurricane-ravaged Alabama, Benjamin hasn’t responded publicly to criticism that her extra pounds may set a poor example.

[Click to continue reading Weighty issue rages in surgeon general debate — chicagotribune.com]

Even though Ms. Deardorff’s article doesn’t linger on the question of whether Dr. Benjamin is too fat to work for the government, even using the “criticism” as a jumping off point to a discussion of fatties legitimizes the “criticism” and the ignorant dispensers of the “criticism“.

The Less You Know- oil

Last I heard, brains and accomplishments are what matters, not what size dress one wears, unless one’s job is working for Fox News. The logic baffles me: are these bullies suggesting that if one is not model thin1, one has to be unemployed? Sent to a fat farm in Siberia? What exactly are the anti-chubbies suggesting? Their leader, Rush Limbaugh, aka The Vulgar Pig Boy, is not exactly svelte himself.

Footnotes:
  1. and white – since body types often do have a racial and cultural component []

Traders Blamed for Oil Spike

Speculators like Goldman Sachs taking advantage of pliable politicians and regulators to change rules? Amazingly, this is what Matt Taibbi described a few months ago. Perhaps someone in the Obama administration reads Rolling Stone?

Don't Oil this index
[Do Not Oil This Index]

The Commodity Futures Trading Commission plans to issue a report next month suggesting speculators played a significant role in driving wild swings in oil prices — a reversal of an earlier CFTC position that augurs intensifying scrutiny on investors.

In a contentious report last year, the main U.S. futures-market regulator pinned oil-price swings primarily on supply and demand. But that analysis was based on “deeply flawed data,” Bart Chilton, one of four CFTC commissioners, said in an interview Monday.

The CFTC’s new review, due to be released in August, adds fuel to a growing debate over financial investors who bet on the direction of commodities prices by buying contracts tied to indexes. These speculators have invested hundreds of billions of dollars in contracts that were once dominated by producers and consumers who sought to hedge against oil-market volatility.

[Click to continue reading Traders Blamed for Oil Spike – WSJ.com]
[non-WSJ subscribers click this link]

and

The debate over speculators underscores the shifting nature of commodities trading in recent years. Before the mid-1990s, these markets were dominated by entities that had physical dealings with the underlying commodity, and “speculators” who often took the opposite position, providing liquidity to markets.

But a new group of investors has emerged in recent years. Those who want to bet on commodities prices have increasingly put their money in indexes that track the value of futures contracts, in which investors promise to pay a certain amount in the future for oil and other commodities. As of July 2008, financial investors had about $300 billion riding on these indexes, roughly four times the level in January 2006, according to the International Energy Agency, a Paris-based watchdog.

Separately, these investors may buy derivatives, not directly traded on futures exchanges, that let them make contrary bets to offset their risks.

Crude-oil prices surged in July 2008 to a record $145 a barrel, then dropped to about $33 in December. Oil now trades at around $68 a barrel.

Of course, Goldman Sachs is not mentioned by name in this article, why would they be? They are just one the single largest futures speculators

Drought Wilts Texas

This doesn’t bode well for my portable water slide business1

Wisconsin countryside

A combination of record-high heat and record-low rainfall has pushed south and central Texas into the region’s deepest drought in a half century, with $3.6 billion of crop and livestock losses piling up during the past nine months.

The heat wave has drastically reduced reservoirs and forced about 230 public water systems to declare mandatory water restrictions. Lower levels in lakes and rivers have been a blow to tourism, too, making summer boating, swimming and fishing activities impossible in some places.

Nearly 80 of Texas’ 254 counties are in “extreme” or “exceptional” drought, the worst possible levels on the U.S. Department of Agriculture’s index. Though other states are experiencing drought, no U.S. counties outside Texas currently register worse than “severe.” In late April, the USDA designated 70 Texas counties as primary natural-disaster areas because of drought, above-normal temperatures and associated wildfires.

[Click to continue reading Drought Wilts Texas – WSJ.com]
[non-WSJ subscribers use this link]

Catch Anything?

[The Pedernales River running over limestone formations at Pedernales Falls State Park, west of Austin.]

and in the 21st century Water Wars we often joke about, these sorts of restrictions will only become more dire.

As Texas aquifers and reservoirs dip to record lows, threatening municipal water supplies, the biggest cities — Houston, Dallas, Austin, San Antonio — and 230 others have implemented water restrictions on residents.

San Antonio’s water department is encouraging residents to report neighbors if they catch them violating restrictions, and since April more than 1,500 citations have been issued, said department spokesman Greg Flores.

In Central Texas, Lake Travis and Lake Buchanan are down 55% and 49% in volume, respectively. They provide drinking water to more than a million people, including residents of Austin.

Sunrise Late ride
[Sunrise over Lake Michigan]

Does make me glad to be living so close to such a massive amount of fresh water in the Great Lakes, and not in Texas.

Footnotes:
  1. lame joke indeed, but am pressed for time []

Faux Black and White in Chicago

I’m having fun emulating the use of film1 and converting photos to black and white. A few recent snapshots – weren’t strong enough on their own, and still aren’t “print” worthy, but at least they are good practice fodder. For larger versions, click image, natch.

Inescapable Rhythms
Inescapable Rhythms
The color version for reference – actually used the Kodak 25 slide film emulation, which added contrast and richer colors to the image. View On Black

Inescapable Rhythms -TRI-X 400
Inescapable Rhythms -TRI-X 400
black and white version, TRI-X 400, a film I used to use quite extensively in my Nikon N8008 35mm camera. View Large On Black

Conceptual Silence
Conceptual Silence
Blue Line platform. Kodak T-Max p3200 speed film, another I used fairly freqently. I never owned a flash for my 35mm camera, plus was more frequently in nightclubs and bars in the 90s, situations that high-speed film was useful.View On Black

Intelligentsia Barista
Intelligentsia Barista
www.intelligentsiacoffee.com/locations/view/Broadway+Coff…. More high-speed film – adds grain, and masks blurriness. Still a lame photo, actually, but not quite as bad.

Modes of Transportation Number 6832 –
Modes of Transportation Number 6832 -
T-Max P3200 added grain. I always use Alien Skin Exposure 2 in its own layer, and sometimes change the opacity to allow a little bit of color to shine through. View On Black

The Chicago Gallery 1973 – TRI-X 400
The Chicago Gallery 1973 - TRI-X 400
Union Pacific is slowly (and I mean slowly!) rebuilding this over-pass.View On Black

State of Mind – TRI-X 400
State of Mind - TRI-X 400
underneath the Loop train track (at Quincy, or nearby)View Large On Black

James H Sammons M.D Way – Agfa APX 100
James H Sammons M.D Way - Agfa APX 100
random street scene. Who the hell is James H Sammons, M.D., and why is the street named after him?

Don’t recall ever using Agfa APX 100 film before, seems very fine grained. Again, let a small percentage of the underlying color to bleed through. Subtle effect though.

CLTV Truck
CLTV Truck
May Day, 2007

forgot which filter I used, but I’m guessing Ilford Delta 3200, based on the grain.

Unitrin Building – Plus-X 125
Unitrin Building - Plus-X 125
1 East Wacker, Chicago, IL

Plus-X 125 – used lots of rolls of this film.

Public Enemies – TRI-X 400
Public Enemies - TRI-X 400
taxi in front of Chicago Cultural Center

WH Salisburn Since 1855 – Ilford HP5 400
WH Salisburn Since 1855 - Ilford HP5 400
www.whsalisbury.com/

Self Portrait Jan 2006 – toned
Self Portrait Jan 2006 - toned

toned in Alien Skin, sort of emulating the Ilford black and white film that could be color-processed like C-412 and had this brown tonality.

Empty Blue Number 2

Empty Blue Number 2
Fulton Market

More 1049 Nostalgia – TRI-X 400
More 1049 Nostalgia - TRI-X 400
biked by my old apartment: corner of Cortez and Paulina. I rented the bottom floor (unfinished death trap that it was), something like 3500 sq. feet for $780.The neighborhood was slightly different in the mid-90s, but some structures are still there.

a quickr pickr post

Footnotes:
  1. using the Alien Skin plugin, Exposure 2 []
  2. and thus could be taken to any photo developing lab. Think it was called XP2 Super []

The Rant Moves to YouTube

You’ve probably seen or at least heard mention of most of these rants

Modern YouTube ranters include Christian Bale, William Shatner, Alec Baldwin and Lily Tomlin, the arrogant actors; Jim Mora and Dennis Green, the furious football coaches; Axl Rose, the intense rocker; Pat Condell, the smug atheist; Rick Santelli, the fed-up CNBC reporter; and Kanye West, the imperious musician. In a less-masculine key are end-of-rope rants by Chris Crocker, the Britney Spears superfan, and Tricia Walsh-Smith, the vengeful and off-kilter ex-wife.

Fictional YouTube rants — scenes from movies and TV that have found a second life online — include Jeremy Piven’s dressing-down of his therapist in “Entourage” (“I thought . . . you could give her [his wife] a pill that could either fix it or make her a mute!”) and Al Pacino’s savage tirade in “Glengarry Glen Ross” (“Where did you learn your trade . . . , you idiot? Who ever told you. That you. Could work. With men?”).

Watch all these rants — there should be a greatest-hits album — and intriguing patterns emerge. First, the Chicago connection. Axl Rose’s heated 1992 soliloquy about his cruel family took place at a theater outside the city. Lee Elia, the onetime manager of the Chicago Cubs, ranted memorably about disloyal fans at Wrigley Field. This year, Rick Santelli raged against the president’s housing plan from the floor of the Chicago Mercantile Exchange. “Glengarry Glen Ross” is set in Chicago — the hometown of its author, David Mamet, the nation’s leading playwright of rants.

Second, rants happen in prose, and often ugly, spluttery prose. Not poetry. Verse tirades (including Shaquille O’Neal’s rap roast of Kobe Bryant and Nas’s “I embrace y’all with Napalm” ripping of Jay-Z) are far too elegant to be rants, which are simultaneously more dangerous and more pathetic. The rhyme that dominates rants is not a rhyme at all but a repetition: a word matched exactly with itself, as in Bale’s harangue on the set of “Terminator Salvation,” in which he spit out a single obscenity some three dozen times. (As a general rule, inflection substitutes for reason.)

[Click to continue reading The Medium – The Rant Moves to YouTube – NYTimes.com]

This is placeholder text:I want to find as many of these rants on YouTube as I can. For amusement purposes only, of course, no wagering allowed.

httpv://www.youtube.com/watch?v=3HURJNd0J4U

Ricky Roma all but destroys Williamson after the latter screws up Roma’s big sale. One of the two great scenes from Glengarry Glen Ross, and one of Pacino’s best monologues.

httpv://www.youtube.com/watch?v=tLXVuy0h29c

Christian Bale Goes nuts on the set of “Terminator Salvation”

httpv://www.youtube.com/watch?v=3HURJNd0J4U

httpv://www.youtube.com/watch?v=GpVuxgSxFFE

Jessica Savitch goes on a tirade. Don’t know if she’s totally in the wrong though, after all the anchor is the one that ends up looking silly, even if its everyone behind the scenes that screwed up

httpv://www.youtube.com/watch?v=uGDC2J_E0rY

Live performance in Rosemont (Chicago), Illinois, 1992.04.09. Axl talks about the things he said in his Rolling Stone interview about his upbringing.

httpv://www.youtube.com/watch?v=uv23pqH9iG0

Elia’s outburst occurred on April 29, 1983, after the Cubs suffered a one-run home loss to the Los Angeles Dodgers.
The rant took place during a postgame session with reporters in his office. Elia was pissed off at the continual booing by the Wrigley crowd (both during and after the game) and frustrated that no one could see beyond the Cubs’ 5-14 record for any of the progress he felt the team was making.
The fact that Elia’s rant has been preserved for posterity is something of a miracle. In the early 80s, “baseball reporters didn’t work with tape recorders. But radio guys certainly did. So it was that Elia’s outburst came to be a part of the public domain.”
Les Grobstein, aka “ubiquitous” Les, was lurking on the edges of Elia’s office, with tape rolling. For Grobstein, graduate of Chicago’s Von Steuben High School, “it was his Zapruder moment.” Elia commented that he dearly wished Grobstein “had gotten a flat tire on his way to Wrigley that afternoon.”

httpv://www.youtube.com/watch?v=6pp6WC1Ocz4

The title explains it all. Michael Richards becomes combative and explodes in a vile, racist diatribe at Laugh Factory in LA.

httpv://www.youtube.com/watch?v=iAeLFjNCb3A

Bill Shatner asks the question – ‘What is it with George Takei and his issues with me?’ The question is based on George Takei’s recent marriage and the multitude of press stories about his decision not to invite William Shatner to his wedding

httpv://www.youtube.com/watch?v=8J0-ZatDHug – Alec Baldwin yelling at his daughter

Danger! X-Rated grocery stores and Gas Stations! Oh my!

so, one of these seemingly innocuous Apple iPhone applications could lead to adult material, and now requires a warning. Wonder which one?

View On Black

Let us speculate.

1. AroundMe? a mapping program? are there porno theaters nearby? Bathhouses? Congress?

2. Cheap Gas!? maybe there are some perverted gas station restrooms. Or maybe the magazine section has nudie rags?

3.Grocery IQ -a grocery list application? There are *adult* things one can do with produce, or whipped cream.

4. Instapaper Free? a program that transfers webpages from Safari (you know, that web-browser program on your iPhone)

5. RN Dining? – a dining rewards /restaurant reservation app? Maybe certain restaurants haven’t paid their Apple tax recently?

[if you really want to know, the answer is answer number 4. Instapaper allows you to transfer John Yoo’s torture memos to your phone, and thus qualifies as objectionable content]

more Apple Store foolishness, in other words.

John Yoo Says It Is Ok

If I ever had plans to do anything illegal, like break a law that has been on the books since at least 18781, I’ll just get John Yoo to write a memo saying it is ok. Law, hunh, what is good for, absolutely nothing. I’ll say it again.2

Torture, Posse Comitatus, does anything else have your bloody fingerprints on it, Mr. Yoo?

The Fourth Amendment bans “unreasonable” searches and seizures without probable cause. And the Posse Comitatus Act of 1878 generally prohibits the military from acting in a law enforcement capacity.

In the discussions, Mr. Cheney and others cited an Oct. 23, 2001, memorandum from the Justice Department that, using a broad interpretation of presidential authority, argued that the domestic use of the military against Al Qaeda would be legal because it served a national security, rather than a law enforcement, purpose.

“The president has ample constitutional and statutory authority to deploy the military against international or foreign terrorists operating within the United States,” the memorandum said.

The memorandum — written by the lawyers John C. Yoo and Robert J. Delahunty — was directed to Alberto R. Gonzales, then the White House counsel, who had asked the department about a president’s authority to use the military to combat terrorist activities in the United States.

[Click to continue reading Bush Weighed Using Military in Arrests – NYTimes.com]

and then cite the memo right before doing the illegal act:

Those who advocated using the military to arrest the Lackawanna group had legal ammunition: the memorandum by Mr. Yoo and Mr. Delahunty.

The lawyers, in the Justice Department’s Office of Legal Counsel, wrote that the Constitution, the courts and Congress had recognized a president’s authority “to take military actions, domestic as well as foreign, if he determines such actions to be necessary to respond to the terrorist attacks upon the United States on Sept. 11, 2001, and before.”

The document added that the neither the Posse Comitatus Act nor the Fourth Amendment tied a president’s hands.

I certainly do not understand why Berkley employs this Yoo character, he is such a stain on the legal profession.

The Wikipedia entry for Posse Comitatus Act:

The Posse Comitatus Act is a United States federal law (18 U.S.C. § 1385) passed on June 18, 1878, after the end of Reconstruction, with the intention (in concert with the Insurrection Act of 1807) of substantially limiting the powers of the federal government to use the military for law enforcement. The Act prohibits most members of the federal uniformed services (today the Army, Air Force, and State National Guard forces when such are called into federal service) from exercising nominally state law enforcement, police, or peace officer powers that maintain “law and order” on non-federal property (states and their counties and municipal divisions) within the United States.
The statute generally prohibits federal military personnel and units of the National Guard under federal authority from acting in a law enforcement capacity within the United States, except where expressly authorized by the Constitution or Congress. The Coast Guard is exempt from the Act during peacetime.

[Click to continue reading Posse Comitatus Act – Wikipedia, the free encyclopedia]

Seems clear enough. Except for John Yoo.

John Yoo and the so-called Torture memos, if you had forgotten the details:

You have to give John Yoo credit for chutzpah. The disgraced author of the so-called torture memo was back in the news last week, when the Obama administration released seven more secret opinions, all but one written in whole or in part by Yoo and fellow Office of Legal Counsel (OLC) lawyer Jay Bybee, arguing that the Bush administration had the right to override the Constitution as long as it claimed to be fighting a “war on terror.” Professor Yoo, who I am embarrassed to say holds a tenured position at the law school of my alma mater, the University of California at Berkeley, was already known as the official who provided a legal fig leaf behind which the Bush administration tortured inmates at Guantánamo and Abu Ghraib. His legal misdeeds are widely known, but now they have been exposed chapter and verse. Among the new memos is one written in 2001 [8.3 Meg PDF], in which Yoo and co-author Robert J. Delahunty advised the U.S. that the Posse Comitatus Act, which forbids the Army to be used for law enforcement, and the Fourth Amendment, which prohibits unreasonable searches and seizures, do not apply to domestic military operations undertaken during a “war on terror.”

In other words, bye-bye, Bill of Rights. This is a prescription for a police state, where not just the police but the Army can kick your door down without a warrant or probable cause, as long as the president says he’s fighting “terror.” If Barack Obama had solicited such an opinion from an obliging Justice Department lawyer because he wanted to sic the U.S. Army on a group of domestic terrorists, the right would be screaming about jackbooted federal thugs descending from black helicopters to haul off American citizens. Strangely, no conservatives have taken to the streets to warn us of the Big Government danger posed by this radical doctrine.

[Click to continue reading John Yoo Torture Memo | Salon ]

Footnotes:
  1. and arguably one of the reasons the United States broke away from Britain way back in 1776 []
  2. sung in one’s best Edwin Starr voice []

The definition of Cool


“Kind of Blue (Legacy Edition)” (Miles Davis)

Speaking of police arresting iconic black dudes, Miles Davis had his own dustup with the police, as Bernard Chazelle reminds us:

Why didn’t Professor Gates keep his cool? Not sure. Let’s ask the man who gave birth to the cool. In the words of Leonard Feather,

After escorting a young white girl out of the club to a taxi [outside Birdland in NYC] he was standing on the sidewalk when a patrolman came by and asked him to move on. When Miles said, “I’m not going nowhere — I’m just getting a breath of fresh air,” the patrolman threatened to arrest him. Miles said, “Go ahead, lock me up.” When the patrolman seized his arm, a scuffle ensued during which a painclothes cop passing by began hitting Miles with a blackjack. With blood dripping all over his clothes, he was taken to the police station where, with his distraught wife, Frances, at his side he was booked on charges of disorderly conduct and assault. At a hospital, 10 stitches were taken in his scalp.

Feather doesn’t tell us if President Eisenhower had the cops over for a beer.

[Click to continue reading A Tiny Revolution: “So What”]

[Miles Davis after resisting arrest]

From Miles Davis’ autobiography:

I had just finished doing an Armed Forces Day broadcast, you know, Voice of America and all that bullshit. I had just walked this pretty white girl named Judy out to get a cab. She got in the cab, and I’m standing there in front of Birdland wringing wet because it’s a hot, steaming, muggy night in August. This white policeman comes up to me and tells me to move on. At the time I was doing a lot of boxing, so I thought to myself, I ought to hit this motherfucker because I knew what he was doing. But instead I said, “Move on, for what? I’m working downstairs. That’s my name up there, Miles Davis,” and I pointed to my name on the marquee all up in lights.

He said, “I don’t care where you work, I said move on! If you don’t move on I’m going to arrest you.”

I just looked at his face real straight and hard, and I didn’t move. Then he said, “You’re under arrest!” He reached for his handcuffs, but he was stepping back. Now, boxers had told me that if a guy’s going to hit you, if you walk toward him you can see what’s happening. I saw by the way he was handling himself that the policeman was an ex-fighter. So I kind of leaned in closer because I wasn’t going to give him no distance so he could hit me on the head He stumbled, and all his stuff fell on the sidewalk, and I thought to myself, Oh, shit, they’re going to think that I fucked with him or something. I’m waiting for him to put the handcuffs, on, because all his stuff is on the ground and shit. Then I move closer so he won’t be able to fuck me up. A crowd had gathered all of a sudden from out of nowhere, and this white detective runs in and BAM! hits me on the head. I never saw him coming. Blood was running down the khaki suit I had on. Then I remember Dorothy Kilgallen coming outside with this horrible look on her face–I had known Dorothy for years and I used to date her good friend Jean Bock–and saying, “Miles, what happened?” I couldn’t say nothing. Illinois Jacquet was there, too.

It was almost a race riot, so the police got scared and hurried up and got my ass out of there and took me to the 54th Precinct, where they took pictures of me bleeding and shit. So, I’m sitting there, madder than a motherfucker, right? And they’re saying to me in the station, “So you’re the wiseguy, huh?” Then they’d bump up against me, you know, try to get me mad so they could probably knock me

[Click to continue reading Hot House: Race Relations, 50 Years Later]

Miles Davis after being arrested for standing next to a white girl, helping her catch a taxi

Back to Mr. Chazelle who subsequently enters into another kind of discussion, the kind I can read all day without really understanding the details. Just the feeling is enough. D-minor is a favorite chord of mine, albeit on guitar. I have never had a piano of my own that I could noodle/learn on, so haven’t ever figured out what chords are what without laboriously putting them together. I mean, I can create melodies on a piano, but don’t have enough formal musical training to sustain an entire 10 minute jam, much less explain what the hell Dorian modal scales are.

OK, What about the music? “Kind of Blue” is the most extraordinary jam session ever, featuring a dream team of jazz musicians (Miles, Evans, Coltrane, Adderley, Cobb, Chambers). It’s one of the most influential albums in jazz. It broke from bebop in a big way by going modal. But that’s not why I can listen to it a million times without ever getting tired. The reason for that is the dream team. All the modality does is give them space to breathe and explore melodic ideas that are ruled out in chord-heavy bebop (unless you’re Bird and you can play a full-fledged melody in two-and-a-half seconds).

“So What” is harmonically straightforward: you go Dorian for the first 16 bars, then move up half a step for 8 bars and then back to the original key for the last 8. Sounds so simple. Until, of course, it’s your turn to solo right after Coltrane. Good luck! It’s often said that jazz introduced modes to modern music. Nothing could be further from the truth. Satie, Debussy, Ravel and all those guys used modes heavily a good 50 years before Miles, using far more complex arrangements. But who cares? This video alone gives you a good sense of why jazz is the music of the 20th century par excellence.

Click to continue reading A Tiny Revolution: “So What”

http://www.youtube.com/watch?v=P4TbrgIdm0E

Miles Davis and John Coltrane play one of the best renditions of SO WHAT ever captured on film-Live in 1958. Edit : in fact, was in New York, april 2, 1959. Recorded by CBS producer Robert Herridge. Cannonball Adderley had a migrane and was absent from the session. Wynton Kelly played piano–he was the regular band member at this time–but Bill Evans had played on the original recording of “So What” on March 2, 1959. The other musicians seen in the film were part of the Gil Evans Orchestra, who performed selections from “Miles Ahead”. Jimmy Cobb on drums.

Is Customer Service a Media Channel? Ask Zappos

Amazon has said it is purchasing Zappos for over $800,000,000. Why so high?

Bob's Repair Shine

Pete Blackshaw of AdAge speculates:

Zappos is a game changer, and it found value — and ferocious word-of-mouth and brand advocacy — in a place most of us leave for dead and certainly don’t consider even close to being a media channel: customer service. They took this “cost center” input and turned it into an unassailable asset, fortified by the founder-CEO’s sometimes “cult-like” (arguably irrational, by the typical marketing book) obsession with serving the consumer at all costs. It wasn’t flaky. He approached this with focus, discipline, real incentives and an obsession over a “different” set of numbers.

Zappos did this at a critical juncture for all of us. We know word-of-mouth matters. We suspect “advocacy” might be the metric that truly moves the needle. Even separate from the Amazon deal, Zappos probably did more to shape our collective mind-set around the importance of “paid” vs. “earned” media, and it titled us much toward the later.

[Click to continue reading Is Customer Service a Media Channel? Ask Zappos – Advertising Age – CMO Strategy]

At least for now, Zappos will still be an autonomous subsidiary, remain headquartered in Las Vegas, and maintain its same executive leadership.

I’ve been a long-time customer of both corporations for a long time, and if any of Zappos culture rubs off on Amazon, Amazon will be well served. Amazon is a fine company, but they are a faceless corporate behemoth, a Wal-Mart of the internet, selling a little bit of everything. Zappos on the other hand still feels like it is run by somebody who personally cares for its customers, a sort of mom-and-pop corner store that knows everybody on a first name basis. The kind of place that gives little Johnny candy when he goes by. Poor metaphor, bottom line, Zappos customer service is just spectacularly friendly in all interactions we have had with them.

Amazon, on the other hand, occasionally is bit Orwellian. I’m sure I wasn’t the only person who upon hearing the news of the acquisition immediately twittered:so will Amazon steal into my house at night and reclaim shoes I’ve bought from Zappos.

I do hope Zappos maintains what it is that makes it Zappos.

A.P. Cracks Down on Unpaid Use of Articles on Web

Will be curious as to how this shakes out.

Taking a new hard line that news articles should not turn up on search engines and Web sites without permission, The Associated Press said Thursday that it would add software to each article that shows what limits apply to the rights to use it, and that notifies The A.P. about how the article is used.

Tom Curley, The A.P.’s president and chief executive, said the company’s position was that even minimal use of a news article online required a licensing agreement with the news organization that produced it. In an interview, he specifically cited references that include a headline and a link to an article, a standard practice of search engines like Google, Bing and Yahoo, news aggregators and blogs.

[Click to continue reading A.P. Cracks Down on Unpaid Use of Articles on Web – NYTimes.com]

Alternative Google

Websites like Google are going to be in for a bit of a dustup

Search engines and news aggregators contend that their brief article citations fall under the legal principle of fair use. Executives at some news organizations have said they are reluctant to test the Internet boundaries of fair use, for fear that the courts would rule against them.

News organizations already have the ability to prevent their work from turning up in search engines — but doing so would shrink their Web audience, and with it, their advertising revenues. What The A.P. seeks is not that articles should appear less often in search results, but that such use would become a new source of revenue.

Right, there is a simple addition that webmasters can add to their site that tells Google’s automated indexing software to “go away”:

The robot exclusion standard, also known as the Robots Exclusion Protocol or robots.txt protocol, is a convention to prevent cooperating web spiders and other web robots from accessing all or part of a website which is otherwise publicly viewable. Robots are often used by search engines to categorize and archive web sites, or by webmasters to proofread source code. The standard is unrelated to, but can be used in conjunction with, sitemaps, a robot inclusion standard for websites.

[Click to continue reading Robots exclusion standard – Wikipedia, the free encyclopedia]

Not a Good Sign

If A.P. did that, they would lose search engine generated traffic, but that isn’t really what A.P. wants. A.P. wants traffic, and to be paid for the traffic. I doubt it will happen as seamlessly they want, but we’ll soon see. Newspaper executives also don’t like blogs much:

Executives at newspapers and other traditional news organizations have long complained about how some sites make money from their work, putting ads on pages with excerpts from articles and links to the sources of the articles.

but I don’t know if that particular genie could ever be crammed back into its bottle; the bottom of the bottle is missing, and digital content flows wherever it can, instantly.

and this is puzzling:

Each article — and, in the future, each picture and video — would go out with what The A.P. called a digital “wrapper,” data invisible to the ordinary consumer that is intended, among other things, to maximize its ranking in Internet searches. The software would also send signals back to The A.P., letting it track use of the article across the Web.

If someone cuts and pastes an A.P. article from some other site, how is this magic technological bullet going to still be attached? Either there is more to the process than the A.P. admits, or else they are really deluded1.2

Footnotes:
  1. not that it matters, but John Gruber, always an astute observer of these sorts of matters, agrees with me []
  2. corrected the URL, oopsie []

This is not going to end well for CBS

Dan Rather’s lawsuit against his former employers, CBS News, for firing him because of discussion over George W. Bush’s lack of National Guard service is continuing.

One Eye to Rule Them

The New York Times reports:

Dan Rather won significant victories Tuesday in his suit against his former network, CBS. He won access to more than 3,000 documents that his lawyer said were expected to reveal evidence that CBS had tried to influence the outcome of a panel that investigated his much-debated “60 Minutes” report about former President George W. Bush’s military record.

Mr. Rather also won an appeal to restore a fraud charge against CBS that had been dismissed. Martin Gold, the lawyer representing the former anchor of the “CBS Evening News,” called it “a very successful day for us; we got everything.”

Mr. Rather called it a “good day” for his side and — referring to the name for the CBS headquarters — “a bad day for Black Rock.”

[Click to continue reading Rather Wins a Round in Lawsuit Against CBS – NYTimes.com]

Eric Boehlert of Media Matters adds:

You’ll recall that late last year we learned, via Rather’s lawsuit, that internal memos indicated that CBS when first facing the right-wing firestorm over its 60 Minutes report about Bush’s National Guard years, considered appointing Matt Drudge to sit on an “independent” fact-finding board to investigate the scandal. (A board which Bush refused to answers questions about his Guard service from.)

In fact, we learned that CBS was in full panic mode and was willing to take whatever step necessary to placate the right-wing fanatics frothing about Memogate. The picture painted by the CBS memos and documents already reviewed by Rather suggest a craven news organization that was less interested in uncovering the truth about the disputed memos, and more interested in appeasing Rush Limbaugh. It wanted to “mollify the right,” as one internal CBS memo put it.

As I said, my guess is that with Rather and his lawyers about to dive into a new batch of documents, that portrait will only become more vivid.

And here’s the kicker for the former Tiffany Network: Rather has vowed to never settle the case out of court.

[Click to continue reading This is not going to end well for CBS | Media Matters for America]

Like I’ve said1 before, I wish Dan Rather well in this lawsuit, and not just because he once lived in the same apartment as me2. The shrill right-wingers who seemingly control CBS should be deported, at the least.

Footnotes:
  1. in those URLs above, and probably in others I’m too lazy to find right now []
  2. at different times obviously, an apartment located on Rio Grande near West Martin Luther King Boulevard, near UT-Austin campus, according to my landlord at the time. []

Medical Marijuana in California Aspires to Go Commercial

Seems like good problems to have

Introduced as a Friend

LAKE FOREST, Calif. — Sellers of marijuana as a medicine here don’t fret about raids any more. They’ve stopped stressing over where to hide their stash or how to move it unseen.

Now their concerns involve the state Board of Equalization, which collects sales tax and requires a retailer ID number. Or city planning offices, which insist that staircases comply with the Americans With Disabilities Act. Then there is marketing strategy, which can mean paying to be a “featured dispensary” on a Web site for pot smokers.

After years in the shadows, medical marijuana in California is aspiring to crack the commercial mainstream.

“I want to do everything I can to run this as a legitimate business,” says Jan Werner, 55 years old, who invested in a pot store in a shopping mall after 36 years as a car salesman.

Some now are using traditional business practices like political lobbying and supply-chain consolidation. Others are seeking capital or offering investment banking for pot purveyors. In Oakland, a school offers courses such as “Cannabusiness 102” and calls itself Oaksterdam University, after the pot-friendly Dutch city. As shops proliferate, there are even signs the nascent industry could be heading for another familiar business phenomenon: the bubble.

As the business matures, ancillary ventures are springing up. In Oakland, OD Media manages advertising and branding for about a dozen pot clients. An Oakland lawyer, James Anthony, and three partners have started a firm called Harborside Management Associates to give dealers business advice. A pot activist named Richard Cowan has opened what he envisions as an investment bank for pot-related businesses, called General Marijuana.

Mr. Cowan is also chief financial officer of Cannabis Science Inc., which is trying to market a pot lozenge for nonsmokers. It was founded by Steve Kubby, a longtime medical-marijuana advocate who a decade ago was acquitted of a pot-growing charge but briefly jailed for having illegal mushrooms in his home. Mr. Kubby says there is “no more alternative culture” at the company, which went public in March and has hired a former pharmaceutical-industry scientist to try to win Food and Drug Administration approval for the lozenge.

[Click to continue reading Medical Marijuana in California Aspires to Go Commercial – WSJ.com]

[non-WSJ subscribers use this link]

and wherever there’s a confluence of money and politics, lobbyists cannot be far behind:

Lobby Horse

To defend their interests, some pot proprietors are hiring lobbyists. Messrs. Shofner and Werner pay consulting fees to Ryan Michaels, a political organizer with an expertise in med-pot compliance issues.

There are signs medical pot’s increasing business legitimacy is crowding the market. A 20-mile stretch of Ventura Boulevard in the San Fernando Valley now has close to 100 places to buy. “So many dispensaries have come along, the prices are dropping,” says one operator, Calvin Frye. Two years ago, his least expensive pot was about $60 for an eighth of an ounce. Now it is $45.

Across the country, a med-pot bill is working its way through New York’s state legislature. If it makes it, entrepreneurs are getting ready.

Larry Lodi, a 49-year-old Little League umpire from Long Island, spent two days at Oaksterdam University in May, learning the fine points of cultivation and distribution. Mr. Lodi envisions a business that would link the growers and the sellers of medical marijuana. “I want to be the middleman,” he says.

Houston versus Chicago redux

Apparently, The Economist interviewed some Social Systems Architect and Houston booster by the name of Tory Gattis who claimed that Houston’s metropolitan area would soon surpass Chicago’s metropolitan area, but Mr. Gattis goofed, and really meant to say Philly. Cecil Adams corrects him in his usual manner:

Crowne Plaza at Night

My aim here isn’t to run down Houston (well, not my main aim), but simply to point out that it’s in a different stage of development from Chicago. Chicago was a boom town a hundred years ago; Houston is a boom town now. Like a lot of other Sunbelt cities, Houston is currently experiencing double-digit population growth; metropolitan Chicago, like many more established urban areas, is growing at single-digit rates. That’s not a problem; it’s what you’d expect. The real issue in Chicago and other older urban areas in the century just past was whether the central city would be able to stabilize once the fat years ended. For a long time in Chicago that was in doubt — between 1950 and 1990 the city proper lost almost a quarter of its population. After that things leveled off. Although some parts of town continued to decline, others boomed, downtown in particular — its population increased almost 40 percent between 1970 and 2000 and is now around 165,000, larger than any other Illinois city except Aurora. So I wouldn’t worry too much about Chicago’s lack of dynamism.

The more interesting question now is how well Chicago, Houston, and other U.S. cities are preparing for the future, when life is going to be way different due to rising energy costs. This is a vast topic I won’t attempt to explore now; I’ll just say you’re probably going to have an easier time of it in Chicago — at least in the city proper. That’s because the central city is becoming more densely built up, and thus supports better (if still inadequate) public transit. Chicago’s density as of 2000 was about 13,000 per square mile, and many neighborhoods are much higher — the Near North Side is approaching 50,000 per square mile. Houston’s density in contrast is about 4,400 per square mile. When gas prices were low that didn’t matter much (although traffic congestion in Houston is notoriously bad). But prices have increased sharply and will rise more due to growing worldwide demand once the economy recovers. Largely for that reason, U.S. transit usage in 2008 rose to its highest level in 52 years, while driving declined. Some cities are better equipped to handle this shift than others. However dismal you may think CTA service is, transit in Houston is worse. The city is belatedly attempting to rectify matters by building light-rail lines, but it’s so spread out there are limits to what can be done. Suburban Chicago is also thinly populated and faces a similar dilemma. Infill housing construction in the city of Chicago, on the other hand, has become a growth industry — city residential building permits accounted for just 7 percent of the metro total in 1990-1995 but 40 percent in 2007. Greater density will make it easier (not easy) to improve Chicago transit, which Lord knows could use it. Houston? Good luck.

[Click to continue reading Straight Dope Chicago: Will Houston soon make Chicago the fourth city?]

I’ve never resided in Houston, but I have spent enough time there over the years to know that it would never1 be on my list of top 1000 cities to live in. Chicago has its problems and weaknesses, but they are piddling compared to the weaknesses of Houston.

From Mr. Gattis’s blog:

Housing repossessions are still very rare; the state budget is still in surplus even as California and New York teeter on the edge of bankruptcy. Unlike those fellow states with large populations, Texas levies no personal income tax, and with almost unlimited space on which to build, its houses are big and affordable.

All this has brought people flooding in and made Texas America’s fastest-growing state. Net domestic inflows have been running at around 150,000 people in recent years, whereas California and New York have seen net outflows. Next year’s national census is expected to show that flourishing Houston has replaced struggling Chicago as America’s third city (an unfortunate error, as we are expected pass the Philadelphia metro in 2010, but it could be decades before we pass Chicago as either a city or metrosee here). Of the ten largest cities in America, three are in Texas.

[Click to continue reading Houston Strategies: The Economist special report on Texas and TX vs. CA]

What More Can I Say

Again, fast growth is not always a plus2, and living in a city where one can walk or take public transit to places is infinitely better than having to drive a car3 everywhere.

Footnotes:
  1. at least in its current state []
  2. just ask former Wall Street darlings like Enron and Global Crossing []
  3. and get stuck in traffic []

Cellphone Gripes Worthy of Congress’s Time

David Pogue has a long list of issues that could be discussed at the Senate Commerce Committee hearings about cellphone exclusivity contracts. Questions such as: why is text messaging charged at such a higher rate than email messaging? and my pet peeve: why is there that annoying 15 second automated voice before you can leave or listen to a voicemail? So irritating.

Cell phone-iphile

The carriers can’t possibly argue that transmitting text-message data costs them that much money. One blogger (http://bit.ly/gHkES) calculated that the data in a text message costs you about 61 million times as much as the same message sent by e-mail.

15-SECOND INSTRUCTIONS This one makes me crazy. When I call to leave you a voicemail message, the first thing I hear, before I’m allowed to hear the beep, is 15 seconds of instructions. “To page this person, press 5.” Page this person!? Oh, sorry, I didn’t realize this was 1980! “When you have finished recording, you may hang up.” Oh, really!? So glad you mentioned that! I would have stayed on the line forever!

And then when I call in for messages, I’m held up for 15 more seconds. “To listen to your messages, press 1.” Why else would I be calling!?

(Yes, there are key-presses that can bypass the instructions. But they’re different for each carrier. When you call someone, you’re supposed to know which carrier that person uses and which key to press? Sure.)

Is this really so evil? Is 15 seconds here and there that big a deal? Well, Verizon has 70 million customers. If each customer leaves one message and checks voicemail once a day, Verizon rakes in — are you sitting down? — $850 million a year. That’s right: $850 million, just from making us sit through those 15-second airtime-eating instructions.

And that’s just Verizon. Where’s the outrage, people?

[Click to continue reading David Pogue – Cellphone Gripes Worthy of Congress’s Time – NYTimes.com]

There are other topics too, like the subsidy game (once your contract is over, you don’t get a reduction in your monthly bill, even though your bill helped lower the cost of your phone for 24 months or whatever). Of course, the telecom corporations are huge donors to Congress, so the odds of meaningful consumer-friendly legislation emerging from the Senate Commerce Committee is slim to none.

DeMint is a Christian Taliban

The Republican Party standard bearers are such a strange1 species. They would love to destroy our Constitution and Bill of Rights, and institute a theocracy in America. I call them the Christian Taliban2. To whit:

Family Planning protest w 50 foot Giant Virgin Mary
[50 foot Giant Virgin Mary, Chicago’s West Loop]

Senator Jim DeMint of South Carolina, who recently urged his fellow party members to dig in their heels and create a Waterloo for the president. “It would break him,” DeMint added appealingly.

DeMint is an increasingly influential voice in the Republican Party, and he is now regarded as a potential Republican presidential nominee in 2012. This is partly because of his new book, “Saving Freedom: We Can Stop America’s Slide Into Socialism,” and partly because almost all the other potential Republican presidential nominees have been sidetracked by lively sex scandals. At present, DeMint does not seem to have a sex scandal, although if he ever comes up with one, I promise to remind you that in his last campaign he said that openly gay people and unwed pregnant women should not be allowed to teach in public schools.

[Click to continue reading Gail Collins – The Health Care Sausage – NYTimes.com]

What century is this DeMint jerk-off living in? The 13th? Does he want to burn the unwed pregnant women at the stake? His Virgin Mary was supposed to be an unwed pregnant woman, would DeMint be happy burning his alleged savior on a cross?

Footnotes:
  1. to me anyway, I guess they convince enough people of their nonsense to get elected, somehow []
  2. Pashto: طالبان ṭālibān, meaning “students” []