Monthly Archives: April 2011

Chinese purchase “monster homes” in New Zealand

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McMansion type homes are not just restricted to the United States. This article describes what Chinese buyers are moving into in New Zealand:

When veteran architect Ron Sang drives around the outer fringes of Auckland near Albany or Botany, he can always spot a house built for a Chinese buyer.

“Generally it has a high portico on the outside – a big, high, ostentatious-looking porch, usually double height,” he says.

“Generally above the door you have a window and through the window you can see chandeliers. Inside the door you’ll see a big, ostentatiously curved stairway. They like to show wealth.”

These grand mansions on small suburban sections – what sociologist Paul Spoonley, adopting a Canadian term, calls “monster houses” – have become the stereotypical Chinese footprints in our cityscape.

While the homes described here are called “monster homes,” this sounds very similar to what Americans would call McMansions with the traits of a big entryway, garish appointments, the goal of impressing a buyer or visitor, and large homes on relatively small lots in suburban neighborhoods.

There is an interesting discussion later in the article about Chinese immigration to and residential patterns of Chinese residents in New Zealand.

When legal copying is illegal (or at least reversible)

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Eugene Volokh has a fascinating post re: how much judicial copying is too much:

Cojocaru v. British Columbia Women’s Hospital & Health Center — decided [14 April 2011] by a 3-judge panel of the B.C. Court of Appeal, the highest court in British Columbia — reverses a trial judge’s decision because,

In the case at bar, the reasons for judgment run to 368 paragraphs (105 pages) in length. The trial judge copied, without so acknowledging, 321 paragraphs almost word-for-word from the respondents’ written closing submissions (with inconsequential changes, such as replacing phrases like “it is submitted” with phrases like “I have concluded”). Forty paragraphs were written in the trial judge’s own words and the remaining seven paragraphs contain a mix of passages copied from the respondents’ written submissions and passages written in the words of the trial judge.

Now some sources have characterized the trial judge’s sin as “plagiarism”….

For his part, Volokh thinks the panel was correct to reverse the trial judge, though not because the copying constituted plagiarism:

[A]s the B.C. Court of Appeal panel majority understood it, [the problem] is that a judge is supposed to “independently and impartially considered the law and the evidence and arrived at his own conclusions on the complex issues before him,” and simply adopting hundreds of paragraphs of a party’s papers casts doubt on that. [emphasis added]

While Volokh acknowledges that judicial copying is sometimes appropriate, he still condemns the trial judge’s copying here, noting that

the judicial system tries to balance judicial engagement and efficiency.

I am not sure what to make of this proposed dichotomy between “judicial engagement” and “judicial efficiency”.  Doubtless, these two concepts can be in opposition along a continuum:  the more one “engages” with a case, the less “efficient” one’s decision-making process might be (and vice versa).

Just because “engagement” and “efficiency” can be in opposition, however, doesn’t necessarily mean that they are.  A judge could be exceedingly inefficient in rendering a decision (e.g., by personally handwriting the entire opinion with her non-dominant hand when both she and her clerk can think and type much faster) and also extremely unengaged (e.g., daydreaming all the while).  The relationship between the two concepts can be quite unclear.

Because of this uncertain logical relationship between “engagement” and “efficiency”, I humbly submit that it makes the most sense to inquire directly into whether the trial judge “engaged” with a case, not to use “copying” as a proxy for “efficiency” as a further proxy for “engagement.”

Indeed, dissenting appellate Justice K. Smith makes just such a direct inquiry here.  Smith turns to the underlying facts of this case to argue that

there are signs in the reasons that the trial judge applied his mind to the issues.

And here is the curious thing:  Justice Smith renders an exhaustive, 106-paragraph analysis of the trial court’s decision in the process of reaching and defending his position.  In stark contrast, majority Justices Levine and Kirkpatrick take merely 22 paragraphs to conclude

that there is no principled basis to deal with these appeals on their merits because the trial judge’s reasons for judgment cannot be considered to represent his reasons, do not meet the functional requirement of public accountability, and do not allow for meaningful appellate review. 

Perhaps I am being too hard on Levine and Kirkpatrick.  Perhaps opinion length is an equally unreliable proxy for engagement.  However, reading through the appellate opinions, I think that dissenter Smith “engages” far more than the majority justices.  His is not the most “efficient” judicial decision, but it does explain its reasoning far more thoroughly (and persuasively) than the majority’s arguably conclusory opinion.

Copying isn’t always bad, as Smith goes to great lengths to explain.  I’d love to hear a robust defense of the opposing position.  Unfortunately, as is so often the case, the anti-copying arguments here come up a little short.

The “sonic sociologist”

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It can often to be interesting to see how people describe sociology in the non-academic realm. How about a “sonic sociologist“?

DJ Ms Thang is a relative “novelty’’ (her word) in the nightlife business: a sought-after female DJ who can get a room pumping whether she’s spinning for 20-something club kids or a ballroom full of gala-goers. Those skills, as well as her runway-model good looks (she’s sometimes been booked on those alone, she acknowledges), make it clear that “I can hold my own with the boys,’’ she added slyly.

To those who groove or merely toe-tap to the selected beats she puts out, the allure is in her perceptive crowd-reading, and her soulful style, a melange of genres…

“You’re like a sociologist,’’ she said, in her case, one in stilettos, jeans, and lace fingerless gloves. On a Tuesday night at Minibar, the sonic sociologist spins some mellow tracks for a reserved sampling of clubgoers. She starts with the Revenge Rework of Marvin Gaye’s “Heavy Love Affair.’’

It would be interesting to read a study as to how DJs develop these people-watching and perception skills. Similar to some other culture industry insiders, would DJs describe their abilities as “intuition” or “innate abilities”? If so, I suspect a sociologist might find that DJs acquire and develop these skills as they get more opportunities and hone their craft.

CHA reports on families displaced by the Plan for Transformation

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After the recent removal of the final public housing high-rise residents in Chicago, the Chicago Housing Authority released figures Wednesday about what has happened to the displaced high-rise residents:

In the 12 years since the CHA began its Plan for Transformation, an ambitious effort to overhaul public housing, the number of families receiving CHA housing subsidies has been cut in half, with only 56 percent — or 9,388 households, excluding senior citizens — in the system, according to a study prepared by the CHA.

Only 60 of those families have rented or purchased homes in the suburbs, a finding that challenges long-held beliefs that crime had followed former residents from the high-rises into their communities…

The CHA, however, acknowledged that it has lost track of 2,202 families that once lived in CHA housing, and another 1,307 households found housing without CHA assistance.

Former residents now live in 71 of Chicago’s 77 neighborhoods, according to the report. However, the majority of them moved to neighborhoods such as Englewood, Woodlawn, Auburn Gresham, Roseland and Greater Grand Crossing, communities that already were burdened with high crime and poverty. Others moved into working-class African-American communities such as Chatham and South Shore, saturating formerly stable neighborhoods of single-family homes with renters.

Overall, this article seems to shy away from asking this question: has the removal of these high-rises led to better lives for their former residents or improved conditions for poorer neighborhoods in the city? This article doesn’t offer much positive evidence: very few have moved to the suburbs, the CHA has lost track of some families while others have dropped out of the system, and former high-rise residents encounter stereotypes when moving to new neighborhoods. The high-rises may be gone but the deeper issues are still present.

YouTube’s copyright school

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In an apparent bid to prevent one-time copyright infringers from becoming two-timers (or more), YouTube has created a 4 minute and 39 second copyright school on its website, as explained on the official YouTube blog:

Because copyright law can be complicated, education is critical to ensure that our users understand the rules and continue to play by them. That’s why today we’re releasing a new tutorial on copyright and a redesigned copyright help center. We’re also making two changes to our copyright process to be sure that our users understand the rules, and that users who abide by those rules can remain active on the site.

If we receive a copyright notification for one of your videos, you’ll now be required to attend “YouTube Copyright School,” which involves watching a copyright tutorial and passing a quiz to show that you’ve paid attention and understood the content before uploading more content to YouTube.

Ray Dowd over at the Copyright Litigation Blog is not a fan, noting that Google:

  • fails to mention the existence of the public domain;
  • states that “[i]f you are uncertain as to whether a specific use qualifies as a fair use, you should consult a qualified copyright attorney”; and
  • fails to mention the Constitutional purpose of copyright law.

I have to agree with Ray.  The video’s section on fair use (direct link) is particularly egregious.  Unlike the rest of the video, this section adopts the sped-up vocal “style” often adopted at the end of radio commercials to breeze through legal disclaimers (e.g., “Sweepstakes only open to U.S. residents 18 or older…”)  How is this even attempting to educate and inform?

Far from providing a balanced view of copyright law, YouTube’s clear, bottom-line message is this:  Don’t remix or even approach the fair use line.  This is certainly one vision of copyright law, but there are others.  I am reminded of Christina Mulligan’s excellent blog post last June that looked at contemporary copyright law through the lens of Fox’s hit show Glee:

The absence of any mention of copyright law in Glee illustrates a painful tension in American culture. While copyright holders assert that copyright violators are “stealing” their “property,” people everywhere are remixing and recreating artistic works for the very same reasons the Glee kids do — to learn about themselves, to become better musicians, to build relationships with friends, and to pay homage to the artists who came before them. Glee’s protagonists — and the writers who created them — see so little wrong with this behavior that the word ‘copyright’ is never even uttered.

Lawrence Lessig makes the related point that such recreations benefit society, pointing to John Phillip Sousa’s early-twentieth-century fear that recorded music would eventually displace amateur performance entirely.

Google is taking a lot of heat from copyright owners these days, and it’s hard to blame them from trying to stave off any accusations of infringement that might eventually stick to Google itself.  Nevertheless, I don’t think their frenetic, one-sided “educational” video is the best solution.

The large percentage of Americans who use software or pay someone to do their taxes

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Here is a statistic that gives us some idea about how difficult the American public thinks filling out their yearly taxes is:

More than 80% of individuals hire someone or buy software to help file their taxes, though only 64% of filers owe them, according to the Tax Foundation. So millions of filers pay for help to learn that their tax liability is zero.

I recently finished doing these by hand and while it wasn’t terrible, it was time consuming. While the article suggests both individuals and companies spend a lot of time and pay a lot in order to have their taxes done, it sounds like the tax preparers and software companies have plenty of business…

Students suffer withdrawal in a one day media blackout

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Professors and teachers can often provide anecdotal evidence of how students react when told that smartphones (and other devices like laptops) are not to be used in the classroom. A new study suggests that the problem isn’t really the classroom: simply not having these devices at all could the issue.

Researchers found that 79 per cent of students subjected to a complete media blackout for just one day reported adverse reactions ranging from distress to confusion and isolation.

In vivid accounts, they told of overwhelming cravings, with one saying they were ‘itching like a crackhead [crack cocaine addict]’.

The study focused on people aged between 17 and 23 in ten countries, including the UK, where about 150 students at Bournemouth University spent 24 hours banned from using phones, social networking sites, the internet and TV.

They were allowed to use landline phones or read books and were asked to keep a diary.

One in five reported feelings of withdrawal akin to an addiction while 11 per cent said they were confused or felt like a failure.

Nearly one in five (19 per cent) reported feelings of distress and 11 per cent felt isolated. Just 21 per cent said they could feel the benefits of being unplugged.

Some students took their mobile phone with them just to touch them.

While some of these symptoms don’t seem as bad as others, it is interesting that only 21% “could feel the benefits” of being “unplugged.” These devices and SNS tools really have become necessities in a short amount of time.

In reactions to this study, it would be interesting to see whether people advocate a complete move away from such technology because of these possible dangerous side effects or if people suggest more moderate usage. But if usage is really is an addiction, then moderate usage could still be an issue. I would like to see a follow-up to this study that examines a longer-term media blackout – how long does it take for students to readjust to life without all this media and then what would be their thoughts about what they might be missing (or gaining)?

A commercial reminder of the importance of the American lawn

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There is little doubt that Americans pay a lot of attention to their lawns and a green lawn is pretty much a necessity in front of the American single-family home. On the way to work today, I heard two grass seed commercials within the same commercial break and they reinforced this interest in lawns.

First, I heard about Pennington Grass Seed. Pennington claimed their bags included all seed while their competitor Scotts only had half a bag of seed and half of bag of filler. Additionally, their seeds required less water. I was invited to go online and check out the science behind the seeds. Second, I heard from Scotts which didn’t name Pennington but went through their claims: Scotts seed doesn’t need more water (actually, it retains water much better than Pennington’s) and it has a special filler whereas Pennington simply uses paper for filler.

Three things struck me about these two commercials:

1. Both ads referred to the science of grass seeds with both claiming they had the better mix. Are consumers really going to pay much attention to this?

2. It was interesting to hear how the two companies approach each other. Pennington went right at Scotts while Scotts didn’t used Pennington’s name (though it wasn’t hard to figure out who they were talking about). From this, can I infer that Scotts is the market leader and Pennington is looking for some way to gain ground?

3. Referring back to my first point, how much of this just really comes down to price and brand recognition? When I go to the store to buy mulch this weekend, would I buy seed based on the science or the price?

Politicizing copyright use

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Various outlets are reporting that former Florida Governor Charlie Crist issued a YouTube apology to Talking Heads’ singer David Byrne for using the song “Road to Nowhere” without permission as part of Crist’s 2008 senatorial campaign.  Quoting from the ABA Journal:

In a written statement [dated 11 April 2011], Byrne said he had been surprised to learn that such unauthorized use of a song isn’t all that unusual, and said that he was "feeling very manly" about having protested rather than simply let the issue go.

"Other artists may actually have the anger but not want to take the time and risk the legal bills. I am lucky that I can do that," he stated. "Anyway, my hope is that by standing up to this practice maybe it can be made to be a less common option, or better yet an option that is never taken in the future." [emphasis added]

Such explicitly political use of artists’ music certainly has a long history.  Just a few weeks ago, the ABA Journal published an article by L.J. Jackson titled “Musicians Chafe at Politicians’ Misappropriations of Their Work” which demonstrates that

Crist’s legal problems are not unique.

In 1984, Bruce Springsteen made headlines when he objected to President Ronald Reagan’s use of his hit "Born in the U.S.A." as an anthem for his re-election campaign. The rock icon accused Reagan of subverting the true meaning of the song and playing it at rallies without his consent.

Those were the good old days, when an artist’s biggest campaign concern was a candidate using their tunes to pump up the crowd (permitted with a blanket performance license). But times, they are a-changing, and the proliferation of viral videos, YouTube, and Facebook has opened a Pandora’s box of copyright problems for politicians seeking pop-culture cred. [emphasis added]

Jackson doesn’t elaborate on the “blanket performance license” point, but it’s a major one that bears unpacking.  If a politician has the relevant blanket performance licenses from the relevant performance rights organizations (PROs), (s)he is allowed to play recording artists’ music at campaign rallies.  It doesn’t matter if the artist dislikes that particular politician any more than if (s)he dislikes a particular local radio DJ:  the politician (and the DJ) still have permission to play.

I think there are solid policy justifications for allowing such blanket licenses (and thus largely foreclosing artists’ ability to object to particular uses).  Aside from the enormous transaction costs that would be involved with case-by-case negotiation and approval, music clearly lies at the center of mainstream American culture.  Given music’s powerful emotional resonances which often extend well beyond the intent and control of the original artists, allowing artists to withhold public performance of their recorded music by particular non-profits, schools, businesses, or political campaigns seems perverse at best.  In extreme cases, such denials may even be tantamount to private censorship.

Whether you agree with my policy justifications or not, however, the fact remains that blanket performance licenses for live events already exist.  Thus, the question really is this:  why is the Internet any different?  What makes “viral videos, YouTube, and Facebook…a Pandora’s box of copyright problems” where none exist in the physical world of live campaign rallies, sporting events, or trade shows?

I submit that there really is no difference.  The same transaction cost and First Amendment justifications for blanket performance licenses apply with equal weight to Internet media.  To me, any policy difference appears to be simply a historical artifact.

A blogger at Clancco asks:

I wonder what the “free culture” lobbyists have to say about fair use, free culture, and the world is our public domain oyster when it comes to a Republican politician using an artist’s song without the artists permission? We certainly know what Byrne thinks…and it’s not good for Republicans.

I don’t know what “the ‘free culture’ lobbyists” would say, but my response is this:  the political affiliation of the music’s user should not matter one iota.  We can certainly have a policy debate, but that doesn’t mean the debate must (or should) be political.

The evolving American Dream: more dense but still private

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I’ve written about several aspects of the American Dream including unhappiness and how the American Dream might now be about perfection rather than acquiring goods or status. One key aspect of this Dream is housing, often viewed as a single-family house in a suburb. A new report from the National Association of Realtors suggests homebuyers now have some new preferences:

The 2011 Community Preference Survey reveals that, ideally, most Americans would like to live in walkable communities where shops, restaurants, and local businesses are within an easy stroll from their homes and their jobs are a short commute away; as long as those communities can also provide privacy from neighbors and detached, single-family homes. If this ideal is not possible, most prioritize shorter commutes and single-family homes above other considerations.

1. The economy has had a substantial impact on attitudes toward housing and communities…

2. Overall, Americans’ ideal communities have a mix of houses, places to walk, and amenities within an easy walk or close drive…

3. Desire for privacy is a top consideration in deciding where to live…

4. But, having a reasonable commute can temper desire for more space…

5. Community characteristics are more important than size of home…

6. Improving existing communities preferred over building new roads and developments…

7. Major differences in community preferences of various types of Americans…

All of these points are from the executive summary which also has some key percentages for each point.

The results of this survey seem similar to a recent report (see here) earlier this year from the National Association of Home Builders that suggested Generation Y wants more urban settings and more social (and smaller?) homes. In the long run, it remains to be seen whether these changes are broad cultural changes, generational changes (driven by younger generations), or opinions changed primarily by recent economic conditions.

Richard Florida sums up the report this way:

We’ve come to a crossroads that neither dyed-in-the-wool sprawl advocates nor crunchy urbanists dreamed of two decades ago, in which the choice isn’t between urban and suburban but between neighborhood and subdivision. A great neighborhood is a great neighborhood whether it’s in the city or the suburbs. It’s not an either/or, between crowded apartments or Cape Cods on cul de sacs, it’s more of a blend. Developers and planners take note: there is a potentially enormous market in cities for narrow single-family houses on small lots, like you see in places like Santa Monica and Venice. And as I wrote in The Wall Street Journal not too long ago, there are countless ways that our suburbs can be densified and reinvigorated. The American Dream hasn’t died–it just looks a lot different than it did in the 1950s. It looks a lot different than it did a decade ago.

So this report may not really be a repudiation of the suburbs but rather a new vision for suburbia: private yet dense (with still a clear 80% preference for single-family homes) and with neighborhood amenities. I am a little surprised that there aren’t more specific questions about preferred housing size or housing costs. Additionally, the survey seems set up to ask a lot of questions about smart growth with little explanation why this was the main focus.

(A side note: the study was a web survey:

The 2011 BRS/NAR Community Preference Survey is a web-enabled survey of adults nationwide using the Knowledge Networks panel. Knowledge Networks uses probability methods to recruit its panel, allowing results to be generalized to the population of adults in the U.S. A total of 2,071 questionnaires were completed from February 15 to 24, 2011. The data have been weighted by gender, age, race, region, metropolitan status, and Internet access. The margin of sampling error for the sample of 2,071 is plus or minus 2.2 percentage points at the 95% level of confidence. A detailed methodology can be found in Appendix A.

Knowledge Networks (KN) is a firm that gets around some of the common problems of web surveys (typically having to do with having a representative sample) by having representative panels who take web surveys. In order to get a representative sample, KN employs this technique:  “Since almost three in ten U.S. households do not have home Internet access, we supply these households a free netbook computer and Internet service.”)