Righthaven losing that rocky mountain high

I noted yesterday that copyright troll Righthaven hasn’t filed any new lawsuits in the past two months, but I was suspicious that it was all over.  After reading Wired’s coverage today, however, I think Righthaven’s end is near:

The new chief executive of MediaNews Group, publisher of the Denver Post and 50 other newspapers, said it was “a dumb idea” for the nation’s second-largest newspaper chain to sign up with copyright troll Righthaven.…

“The issues about copyright are real,” [John] Paton told Wired.com in a telephone interview. “But the idea that you would hire someone on an — essentially — success fee to run around and sue people at will who may or may not have infringed as a way of protecting yourself … does not reflect how news is created and disseminated in the modern world.”

I stand corrected.  Barring a court-ordered miracle, it seems only a matter of time before Righthaven closes up shop.

Frustration of Millennials in personal anecdotes and experiences; need sociological perspective

Reading through these stories of Millennials regarding the tough economic times they face, I came to a realization: this is almost exclusively based on personal anecdotes and experiences. The comments are not much better were Millennials and Baby Boomers engage in unhelpful discourse about which generation did the worst things.

In these particular situations, a sociological perspective would be quite helpful. Yes, the economy is bad and Millennials face unique challenges. But, every generation has faced its own crises and challenges. Citing one’s own personal experience and perhaps those of friends and relatives can only go so far in illuminating the bigger picture. We need a broader, less emotional view of the whole situation: Millennials aren’t the only ones feeling the effects of a weak economy or a society that is adjusting to new globalized realities. Looking back, I suspect we will see this period as a fairly important moment in the United States and the world as economies, governments, and societies change their course.

It is interesting to read that some Millennials suggest that “society” suggested one path would be open (generally, the quick realization of the American Dream) but in reality, this path was much harder to walk or is impossible to even start on. This disconnect between expectations and outcomes is intriguing in itself.

One other thought: while there are just a few stories here, I see little mention of where Millennials turn in these times of difficulty. To families? To friends? To religion? Is a job/career really all there is?

Bonus coverage on the theme of generational conflict: a higher percentage of Baby Boomers than one might think plan to leave their children no inheritance.

Quick Review: Stellet Licht/Silent Light

(This is a guest post written by Robert Brenneman, Assistant Professor of Sociology at Saint Michael’s College in Colchester, Vermont. His book Homies and Hermanos: God and Gangs in Central America (Oxford University Press) will be released in October.)

A well-regarded sociologist who studies Latin America and publishes regularly in the area of theory and qualitative methods recently recommended that I watch the film “Stellet Licht” / “Silent Light” (2007). The film takes an existential approach to explore the tension between morality and desire in a conservative community of Mennonites in rural Mexico. I had not heard of the film until David Smilde recommended it to me, and so I was delighted to see that Netflix has made it available by streaming. I had high hopes. Smilde shows the film to his students in social theory at the University of Georgia and I am always on the lookout for films that both inspire and instruct students. Alas, watching the film was a disappointment to me as a Mennonite and as a sociologist.

First, the good. Mexican film-maker Carlos Reygadas is both talented and gutsy. Both the decision to write a film about Mexican Mennonites and his insistence that the film not rush its characters or its story paid big dividends in the realm of cinematic beauty, if not at the box office. A New York Times reviewer rightly raves about the opening scene, which gives a powerful sense of both the visual and aural beauty that surrounds–no, engulfs–the Canadian Mennonites who moved to this region in the 1940s in search of religious freedom and the right to educate their children in non-state, German-speaking schools. Reygadas shows us some of the power and the glory of rural Mexico in this story of piety and pleasure. But unlike the rural Mexican “whiskey priest” in Graham Greene’s classic novel, Reygadas’s protagonist is neither compelling nor instructive. That is not a criticism of Cornelio Wall Fehr’s portrayal of Johan, the Mennonite father torn between his love for his family and his desire to be with his mistress Marianne. In fact, most of the actors carry out their roles with impressive ability and subtle grace. Opting to fill the major roles with Canadian Mennonites, not professional actors, was another bold move, and one that allowed Reygadas to film almost entirely in the same low German dialect spoken by the Mexican Mennonite communities themselves. Indeed, when the attention is on the actors, it’s easy to forget that the film was shot on-site in Chihuauhua, Mexico.

The problem here is not in the direction, which is unusually bold and beautiful, incorporating long, still shots and unconventional camerawork to patiently unfold the narrative, but rather with the story itself. Reygadas does not understand the community he has entered and wishes to narrate. I do not make this accusation lightly nor out of a suspicion that the director/writer had some sort of voyeuristic desire to expose or profit from a tightly-knit, little-understood community. In fact, I think Reygadas does the best he can to develop his characters as individuals. But ultimately, the story fails because the lives led by these individuals make little sense absent the backdrop of a tightly-knit community that holds to a particular religious narrative–one that derives ultimate meaning from submission to God and to the community of faith. Mennonites (whether in Mexico, Canada, or the United States) believe that their Christian faith cannot be lived out in solitude but relies upon active participation in a community that seeks to model Jesus’ non-violent love by living simply, non-violently, and without the status-judging of hierarchies of title or prestige. Of course, ideals do not easily translate to reality and so conservative Mennonites and their religious cousins, the Amish, have relied on explicit rules and strict measures of social control in order to enforce simplicity and “right living.” Sociologists like Peter Berger have pointed out the irony of a pacifist religious group that practices excommunication through shunning–one of the harshest penalties imaginable given the social world of those who grow up in such a community. But rule following and and punishment for violators must be understood through the lens of belief in a God that entrusts discipline to the community itself. Sociologically speaking, discipline ensures the future of a community with such high ideals. In some cases, it also protects the weak. Take Esther, Johan’s unlucky, even pitiable wife, whose suffering is only enhanced by her husband’s unbelievable commitment to honesty about his on-going affair. Such commitment is beyond belief not because no Mennonite could do such a thing, torn by a belief in truth-telling and a desire to experience love, but rather because no Mennonite community would allow it. Extra-marital affairs do happen, even in very conservative Mennonite communities, but when they do, the leadership of the community moves with exceeding swiftness to expose and discipline them. I once witnessed such discipline when I visited my grandmother’s church in Middlebury, Indiana. The disciplinary service actually replaced the sermon–this was serious business as far as the church was concerned. It was seen as an assault not just on a family but on the whole community. The service was videotaped and a copy was sent to the violator, who was not in attendance despite the multiple pleadings of the church leaders. I was told that the individual repented and later returned to his family.

The point is not that conservative Mennonite or Amish communities are idyllic or that “the ban” is not so onerous, but rather that strict piety and even its enforcement can have the effect of protecting not just communities but families and individuals. Specifically, the proscription of extra-marital affairs protects women from suffering in ignominy and silence of the way portrayed by Johan’s wife. Ethical misconduct of this magnitude would never stay put in a densely-networked Mennonite community. It has a way of getting round to the light of day. And when they do, their protagonists are not given Johan’s luxury of ponderous indecision at the expense of a tortured-but-submissive wife. Reygadas’s film, because it focuses only on individuals and never moves beyond the scope of the family, cannot hope to capture the sense of what it is like to grow up–or grow old–in a dense, strict religious community. The longish final scene of a funeral is a perfect example of the director’s myopic misunderstanding.* In the scene, Johan and his family is surrounded by a handful of resigned family members, shell-shocked but stoic in the midst of their tragedy. I have never heard of a tiny, sparsely-attended Mennonite or Amish funeral. They are actually very large social affairs, with tons of food and hundreds of guests. I once spent a weekend in the home of some elderly conservative Mennonites in Belize (an off-shoot of the Mexican group) who told me that they were spending much of their time going to the funerals of friends and family in Belize and Canada. Nor are conservative Mennonites heroes of emotional stoicism like Esther’s children, who gaze perplexedly at her coffin, almost in wonderment.

In short, I found Reygadas’s film disappointing and the story unconvincing because I saw little evidence in it of the network density that characterizes typical conservative Mennonite communities. That density can be oppressive for sure, but it does not leave individuals alone, in existential wasteland, in their suffering. Johan and Esther (not to mention Mistress Marianne) are adrift in this film. If I had to put it in sociological terms, I would say that the film lacks “understanding” of the Mennonite social world or what Weber called “Verstehen” and therefore fails to meet the criteria for good classroom film–film that helps students understand a social world that is distant from their own. I’m disappointed to report that I won’t be showing it to my students any time soon.

*I recognize that this scene is intended to recall a similar ending in the film Ordet by Carl Theodor Dreyer, so I won’t critique the bizarre nature of the conclusion in the scene. In any event, any film should stand on its own strengths.

Mr. Google, take down this content

Google’s default response to possible copyright infringement on YouTube is surprisingly mechanical and far from perfect.  Consider TMZ’s recent report on the hapless Justin Bieber and his ubiquitous YouTube music videos:

Justin Bieber has been victimized by a brand new cyber-enemy … an enemy who found a way to get every single one of JB’s official music videos REMOVED from YouTube….YouTube has a yank first, ask questions later policy when a copyright claim is made — so they simply pulled the videos off the site … until the dispute is resolved.

Of course, there are myriad problems with such a system, as Ernesto over TorrentFreak elaborates:

YouTube describes its Content-ID anti-piracy filter as a state-of-the-art technology, but those who look closely can see that in some cases it creates a huge mess. The system invites swindlers to claim copyright on other people’s videos and make money off them through ads. It automatically assigns thousands of videos to people who don’t hold the copyrights, and its take-down process appears to be hugely biased towards copyright holders.…

Content-ID allows rightsholders to upload the videos and music they own to a central ‘fingerprint’ database. YouTube will then scan their site for full or partial matches, and if there is a hit the copyright holder can automatically take it down, or decide to put their ads on it.

Although the above sounds like a fair and honest solution, not everything Content-ID does goes to plan.…One of the problems appears to be that people with bad intentions can claim copyright on videos they have nothing to do with, and even run ads on them. In the YouTube support forums there are hundreds of posts about this phenomenon…[although] most of the “misattribution” problems seem to be the result of screwups and technical limitations.

As Ernesto notes in passing, there is supposed to be an opportunity to counter a takedown request under the Digital Millennium Copyright Act (DMCA).  Unfortunately, Google’s Content-ID system doesn’t work this way, as Patrick McKay of FairUseYouTube.org elaborates:

Instead of requiring copyright owners to file a formal DMCA notice in response to a Content ID dispute, thus allowing users to invoke the DMCA counter-notice process, YouTube allows copyright owners to somehow “confirm” their copyright claim through the Convent ID system and re-impose whatever blocks were originally in place through Content ID. In this case, a message will appear on the user’s “View Copyright Info” page for that video saying, “All content owners have reviewed your video and confirmed their claims to some or all of its content.” After this, as far as I can tell, there is absolutely no way for the user to file a dispute and get their video restored.

Certainly, Google is under no legal obligation to provide video distribution services to anyone who asks for them no matter how contentious the content’s ownership.  At the end of the day, Google is a business, and dealing with the minutia of these copyright ownership disputes is expensive.  It’s obvious why Google wants to bow out of the fight as early (and cheaply) as possible.

Nonetheless, it is extremely troubling that Google is silencing some users’ speech without allowing them to defend (at their own risk and expense) legal rights provided under the DMCA.

Americans are coolest nationality according to Badoo.com poll

A new poll from Badoo.com finds that Americans are the coolest nationality:

Social networking site Badoo.com asked 30,000 people across 15 countries to name the coolest nationality and also found that the Spanish were considered the coolest Europeans, Brazilians the coolest Latin Americans and Belgians the globe’s least cool nationality.

“We hear a lot in the media about anti-Americanism,” says Lloyd Price, Badoo’s Director of Marketing. “But we sometimes forget how many people across the world consider Americans seriously cool.”…

“America,” says Price, “boasts the world’s coolest leader, Obama; the coolest rappers, Jay-Z and Snoop Dogg; and the coolest man in technology, Steve Jobs of Apple, the man who even made geeks cool.”

Brazilians are ranked the second coolest nationality in the Badoo poll and the coolest Latin Americans, ahead of Mexicans and Argentinians. The Spanish, in third place, are the coolest Europeans.

At least one marketer is happy.

Two thoughts:

1. I would be very hesitant about accepting the results of this poll. If this is a web survey of social network site users, it is probably not very representative of people within these countries. Serious news organizations should report on the methodology and discuss the downsides (and advantages) of this approach when reporting this information. But, if it is an accurate take on social network site users, generally younger, plugged-in populations, perhaps this is exactly what American companies would want to hear.

2. America has military, political, and economic power but this hints at another, less-recognized dimension: cultural power and influence. For better or worse, American values, celebrities, products, and ideas have spread throughout the world. Even if our economic and political power goes into a relative decline, this cultural influence will live on for some time. (A bonus: a Badoo poll from earlier this summer also said Americans are the funniest nationality!)

3. Is being “cool” really something to aspire to as a nation? In an America dominated by celebrity, media, and consumption, it may be hard to know that this is not the primary objective.

(Some background on Badoo.com.)

[CollegeNameHere].com coming to a browser near you

Even though colleges have their own Internet domain, .edu, some colleges are thinking about branching out into .com addresses:

Some observers worry, though, that an influx of new names might dilute the power of “.edu,” which has been the online way to say “a legitimately accredited institution of higher education in the United States.”

Weber State University is among those that have already started branching out, with “getintoweber.com” as an online destination. It is “a vanity URL we pursued to dovetail with our ‘Get Into Weber’ marketing campaign that started in 2007,” says John L. Kowaleski, director of media relations. “We wanted something catchy and easy to remember, since the intended audience for “getintoweber.com” was prospective students.”

Why not simply add a “getintoweber.edu” address to the existing “weber.edu“? Because “.edu” is restricted by the “one per institution” rule that has been in effect since 2001, says Gregory A. Jackson, a vice president of Educause, the higher-education-technology group that administers the “.edu” domain. “The U.S. Commerce Department, which gave us the contract to administer the domain, views ‘.edu’ as something that identifies an institution, not multiple names that mean the same institution,” he says…

Asking the Internet Corporation for Assigned Names and Numbers for a domain of one’s own—”.weberstate” or “.trinity,” for instance—would avoid some of those problems. But that’s an expensive route to go. A college has to pay Icann $185,000 to become the administrator of a domain, and then $25,000 each year to maintain it. And the college has to adhere to strict rules about who gets the domain and who doesn’t, which could cause other problems. “What if you say that alumni can have ‘.dartmouth’ in order to strengthen connection to the school?” Mr. Jackson says. “And then an alumnus involved in some shady dealings uses that address? You can’t ban them. Icann won’t let you pick who you like and who you don’t.”

If the .com addresses are just for marketing purposes, why haven’t more colleges gone this route already? It isn’t very hard to set up a targeted site and then link through to the college’s main page.

It sounds like some of the issue is the meaning or symbolism behind the .edu domain. If prospective students and parents are searching for schools, they know the .edu domain is pretty safe. The .com realm is more open and there could be some confusion about who put the site together. Particularly for less comfortable web users, going to a .edu could be a safer and trustworthy proposition.

Of course, the rules about the use of .edu sites hints at bigger problems across the internet: a need for more domains to provide more online pages.

(With all of this talk, shouldn’t some enterprising people buy up a bunch of the possible .com sites? For example, wheatoncollege.com is available but wheaton.com is not. )

No new lawsuits for Righthaven

David Kravets over at Wired notes today that Righthaven appears to be on “life support” since it hasn’t filed any new lawsuits in a while:

With [a bunch of sanctions and adverse fee awards] now on appeal, the litigation factory’s machinery is grinding to a halt. A review of court records shows Righthaven has not filed a new lawsuit in two months, after a flurry of about 275 lawsuits since its launch at the beginning of last year. A court filing indicates there have already been layoffs (.pdf) at Righthaven’s Las Vegas headquarters, and even some already-filed lawsuits are falling by the wayside because Righthaven isn’t serving the defendants with the paperwork.

I think Wired may be a bit premature in its prediction of Righthaven’s demise.  Litigation factories have a tendency to rise again and again from the ashes.  Still, it’s nice to hear that no new bloggers are being hassled by Righthaven, at least at present.

What’s good for Amazon.com may not be good for California (or America)

Even though I just used this phrase (“What good for [company X] is good for America”] when looking at the impact of AT&T on American history, I agree that the deal Amazon is trying to offer California, jobs for no sales tax, is a bit strange:

Amazon has spent more than $5 million loading up their More Jobs Not Taxes campaign for a referendum that would repeal the legislation that started charging them taxes. Meanwhile, the latest turn in the political fight has been that Amazon offered to create 7,000 jobs if the state postpones enforcing its sales tax on the company until 2014.
Here’s why that offer is a big deal. It transforms a debate that is fundamentally about a value — fairness — into a numbers game. The next step will be that Amazon’s political operatives will plant the seed that the bill will kill jobs, probably a nice round number like 7,000 of them. According to our calculations, the politicos will say, California is killing the exact number of jobs that Amazon offered to add! Taxes are bad!
I don’t mean to pick on Amazon here. Every company is after as many tax advantages as they can get. Walmart, for example, which pushed the effort to get the Amazon sales tax bill passed, skirts some online sales taxes, too. And every company has realized that it is good politics to say that taxes kill jobs, whether they have real evidence for it or not…
Now, by transforming tax fights into skirmishes over how many jobs this or that tax will “kill,” every single tax becomes something that hurts America. The narrow (and self-serving) interests of every tax-fighting corporation become part of our national project. And the battlefield becomes the competing spreadsheets of political opponents who say that one plan or another will create more jobs, when it’s pretty obvious that no one knows precisely how that whole mechanism works.

Some observations:

1. Perhaps taxes are supposed to be about fairness – but corporations and municipalities have been playing this tax break game for years. Why wouldn’t Amazon think that it has enough clout to pull this off? Many communities and governmental bodies have been more than willing to give in to others.

2. The math is interesting: no sales tax = 7,000 jobs. I haven’t seen many details about this: does the value of these jobs equal the sales tax revenue that would be lost without Amazon? Couldn’t California hold out for more jobs or make this information public to try to worsen Amazon’s hand?

3. It is interesting that this battle about sales tax revenue between California and Amazon is getting attention; a number of states have already gone through this. Granted, California is bigger so perhaps this is about more money than elsewhere. But, additionally, California was home to some of the biggest property-tax revolts in the United States several decades ago, meaning that homeowners, and not just corporations, are interested in paying fewer taxes.

You know you are thinking like a sociologist or a statistician when…

Last week, I received a phone call from the news editor of the campus newspaper regarding a story: this year’s freshman class is 52% male, a change from recent years where it tended to be 51/49, 52/48 female. (For those who don’t know: Wheaton College tries to have an even gender ratio.) I was asked, “how would this affect the freshman class?”

My first thought was to check how much of a percentage change this was from previous years. Having a freshman class that is over 50% male might be a symbolic change might a 3% difference between last year and this year is less important than a 5 or 7 or or 10% difference from the previous year. Thinking about this possible story in this way takes the shock value of the percentages away and puts it in a more proper context.Second, in absolute numbers, how many more males does this mean are in the freshman class? Since it is likely a small percentage change, this is perhaps a shift of 10-20 people, not a huge number among roughly 600 freshman. Even if the next three freshman classes had these same percentage distributions, this is only a shift of roughly 40-80 males throughout the entire college of about 2,400 underclassmen.

While this might make a good example of thinking statistically for my Statistics class, there could be broader implications about who I now am as a person…

Quick Review (recent reads): The Social Animal, Love Wins, Connected, In the Garden of Beasts, Heat Wave, Travels with Charley

As the summer ended and school started, I was able to get through a backlog of intriguing books. Here are quick thoughts on this varied collection:

1. The Social Animal: The Hidden Sources of Love, Character, and Achievement by David Brooks. I thought I might not like the “story” that Brooks uses to convey research findings but I found it a helpful way to think about the growing body of research about how our brains and emotions affect our lives. Overall, I like Brook’s argument that we should pay more attention to the British Enlightenment than the French Enlightenment emphasis because of how much humans are truly influenced by their emotions and subconscious and not just reason and rationality. I’m not quite sure what Brooks wants us to do with this information in the end (and why use the term “the big shaggy” to describe our subconcious?) but I do enjoy Brooks skewering certain groups in hilarious paragraphs that mirror some of his commentary in earlier books like Bobos in Paradise. And perhaps I’m required to say this as a sociologist but I think Brooks gives short shrift to the role of culture plays in shaping the subconscious. (See a preview post about the book here.)

2. Love Wins: A Book About Heaven, Hell, and the Fate of Every Person Who Ever Lived by Rob Bell. This book created quite a stir in evangelical circles earlier this year as some, like John Piper, essentially kicked Bell out of their circles. On the whole, I would say the book is uneven: some chapters are quite orthodox in their understanding of God, love, and evangelism while other chapters stray and Bell is not as careful with his words as he pushes boundaries. Also, the book seems aimed less at the general population and more at disaffected evangelicals, an interesting group to address, who can’t come to grips about their beliefs about hell rather. Taking a broader view, the book and the debate around it illustrates several interesting sociological issues: subcultures and drawing symbolic boundaries about who is in and out as well as the how theology and culture influence each other. As a follow-up, I ran into these two videos: MSNBC’s Martin Bashir asks Bell some tough questions (considering the issue of media types asking people about religion, Bashir’s Wikipedia profile includes a quote saying he is a “committed Christian”) in contrast to a fluffier interview with George Stephanopoulos on Good Morning America.

3. Connected: The Surprising Power of Our Social Networks and How They Shape Our Lives by Nicholas Christakis and James H. Fowler. This text could serve as a general audience introduction to the study of social networks. Many of the examples in the book are physiological as these researchers are known for their work on how things like obesity, emotions, and diseases are spread throughout social networks. The takeaway of the book: three degrees of separation is what connects us (those are your friends of friends of friends) and the actions and emotions of those people trickle down to us. I like the emphasis on how people seemingly beyond our immediate control have an influence on us.

4. In the Garden of Beasts: Love, Terror, and An American Family in Hitler’s Berlin by Erik Larson. This book provides a look at Hitler’s Germany in the 1930s through the eyes of American ambassador William Dodd and his daughter Martha. The story of Germany is of course fascinating: Hitler consolidates power while hardly anyone inside or outside the country challenges him. However, Dodd and his daughter figure it out but they are marginalized, Dodd because he won’t live the opulent lifestyle most US ambassadors were accustomed to and Martha because of her romantic forays and developing ties to the USSR. Even though you know the outcome of the larger story, the story is still interesting as an American academic tries to sound the alarm about the rising tide of Nazism.

5. Heat Wave: A Social Autopsy of Disaster in Chicago by Eric Klinenberg. I’ve been meaning to read this for some time as it concerns the 500+ deaths that occurred as the result of a heat wave in Chicago in 1995. Klinenberg performs a “social autopsy,” looking at the various factors and institution involved in the situation. The elderly who were alone were susceptible, particularly in neighborhoods without much street life, the morgues were unprepared, the media was behind in covering the story, and the City of Chicago and Mayor Daley tried to pass the blame. A lot went wrong in this situation, leading to one of the most deadly natural disasters in American history. (Perhaps this book was ahead of its time in looking at the sociology of disasters.)

6. Travels with Charley in Search of America by John Steinbeck. I like Steinbeck and regard The Winter of Our Discontent and East of Eden as two of the best books I have read. However, this travelogue seems the opposite of his best novels: Steinbeck rambles around the country and offers some disconnected commentary. It seemed like he was trying to not do what he does in his novel: offer sweeping stories with big points about American life and culture. The only part that really grabbed my attention: Steinbeck passed through New Orleans during protests against the integration of New Orleans’ schools in 1960 (immortalized in a Norman Rockwell painting President Obama recent selected to hang in the Oval Office) and talked with some of the residents.