Archive for the 'berkmania' Category

Page 3 of 10

now we will see copy-right’s real strategy

From: Joel Tenenbaum
Date: Fri, Dec 19, 2008 at 8:52 AM
Subject: [cyberone-riaa] [Fwd: riaa]


“Indeed, many in the music industry felt the lawsuits had outlived their

game of gotcha

Power plays by the rules only when it suits its purpose
Now the court in Oregon is realizing it has some
Including the power to put their reality back in the face of authority
Power we think comes from on top
Power comes from within

Here’s an article in the new york times about Breyer listening and hearing what the Oregon judges are saying, speaking in their lawyer’s language about instructions to the jury, and Souter asking core questions.

Massachusetts, New Hampshire, Oregon
gotta love it

adam liptak

and then Roberts batting clean-up
where’s he from
home run

“Is there a way for us to ensure against a bad-faith response to our decision?”
Justice Souter asked. Chief Justice Roberts had an answer. Get to the issue at the core so that our decision earns respect. The Supreme Court has no troops to enforce its judgments on lower courts. Supreme Court authority is respect for law, which starts with judges understanding the true source of their power.

where is a transcript of this magnificent exchange
where is the audio/video
why do i not have this to teach to my class

today’s a busy day
here’s from matt:


I have class from 10am-12:45pm. Other than that I am available.

As a rough note to get things started, here is a (probably non-exhaustive) list of things we need to produce/discuss:

1. Request for leave to file reply to plaintiffs’ opposition to our amended counterclaim (ASAP!)
2. Request for leave to file reply to plaintiffs’ opposition to our motion to add RIAA (ASAP!)
3. Request for leave to file reply to plaintiffs’ opposition to our discovery plan (if we chose to do so, and if that is even possible… ASAP!)
4. Produce all three of those documents
5. Figure out what to do if we want to appeal the order against Tova to the 3rd Circuit (if we choose to do so)
6. Figure out how to comply with plaintiffs’ proposed discovery plan, because I think Judge Gertner probably will either adopt their plan or a modified version (provided we don’t/cant reply)
7. Figure out how to prepare all of the discovery stuff we’ll need to do soon anyway (esp. preparing expert reports on our experts)
8. How we’re going to handle the hearing in RI, including whether we’re going to request electronic recording
9. Finalize plans for our motion to allow electronic recording of the D.Mass proceedings
10. Decide how to distribute/coordinate all of this stuff with finals/Xmas break looming


from shubham
-For the reply brief on the amended counterclaim (item 1 above):
A. Argue that the court does in fact have inherent federal authority to allow redress for abuse of process.
B. Argue that our state law abuse of process pleadings are sufficient to continue to trial
C. Argue that the first amendment cannot justify their litigation campaign
D. Unconstitutional delegation argument
E. Civil v. Criminal argument
F. Unconstitutional excessive damages argument

from doc searls

Another example of RIAA heartlessness:




joel fights back

cyberone: tenenbaum v. riaa

we are moving to quash the riaa’s subpoena to joel’s little sister for cd’s joel has burned and given her. we are moving to quash under the FRCP 45 on the ground that the request is unduly burdensome and because the requested materials are not relevant (or at lease have not been argued as relevant) to any claims advanced by the parties.

we, matt sanchez and i and others who join us, will do our best to oppose all further burdens upon joel and his family imposed by riaa on grounds that the abuse already imposed makes any further burden undue.


who gives a shit

it is of necessity we doubt ourselves
our sense of self but an inference
how well we wrestle with doubt about ourselves
a measure of our courage and understanding

Now is a critical moment for defining and reinforcing the best features of our communications platforms. What do we value about the internet?

i value the ability to go anywhere, get anything free, some things for a fee. that makes sense to the kid who has no money and no norm not to click, and makes sense to me

and what should be the focus of the next administration?

open access on the process side
open education on the substance

blown to bits an example of a harvard course about the net that should be open on the net to all who want to learn about it
ws211390more of same


a shiningly bright idea to teach digital natives their legal creative rights and communal responsibilities in a mode that exemplifies that teaching


. . . And they’ve never known any other way of life.”

OK it’s actually a bit of a stretch to say that Palfrey and Gasser “debunked” myths, but they did try to reframe traditional thinking about some online issues. The three main issues they addressed were privacy, intellectual property, and credibility. Rather than “debunking” any of these per se, or even actually defining them as myths, the duo recast them in a more “digital” light. Instead of privacy issues, we have networking and collaborative opportunities. Instead of copyright problems, we have a chance to teach young people what can and can’t be used under a Creative Commons license or by fair use. Instead of a credibility problem, we have information sharing and improved access to knowledge. It’s an idealistic perspective, but an appealing one

thanks to bostonist

Internet Freedom Foundation


Robert Darnton on Rhetorical Poker and the future of research library

The Library in the New Age – The New York Review of Books
“I want to argue that every age was an age of information, each in its own way, and that information has always been unstable.”
(tags: internet information tech books digital culture library history)

I used to be a newspaper reporter myself. I got my basic training as a college kid covering police headquarters in Newark in 1959. Although I had worked on school newspapers, I did not know what news was—that is, what events would make a story and what combination of words would make it into print after passing muster with the night city editor. When events reached headquarters, they normally took the form of “squeal sheets” or typed reports of calls received at the central switchboard. Squeal sheets concerned everything from stray dogs to murders, and they accumulated at a rate of a dozen every half hour. My job was to collect them from a lieutenant on the second floor, go through them for anything that might be news, and announce the potential news to the veteran reporters from a dozen papers playing poker in the press room on the ground floor. The poker game acted as a filter for the news. One of the reporters would say if something I selected would be worth checking out. I did the checking, usually by phone calls to key offices like the homicide squad. If the information was good enough, I would tell the poker game, whose members would phone it in to their city desks. But it had to be really good—that is, what ordinary people would consider bad—to warrant interrupting the never-ending game. Poker was everyone’s main interest—everyone but me: I could not afford to play (cards cost a dollar ante, a lot of money in those days), and I needed to develop a nose for news.


the Electronic Enlightenment, a project sponsored by the Voltaire Foundation of Oxford. By digitizing the correspondence of Voltaire, Rousseau, Franklin, and Jefferson—about two hundred volumes in superb, scholarly editions —it will, in effect, recreate the transatlantic republic of letters from the eighteenth century. The letters of many other philosophers, from Locke and Bayle to Bentham and Bernardin de Saint-Pierre, will be integrated into this database, so that scholars will be able to trace references to individuals, books, and ideas throughout the entire network of correspondence that undergirded the Enlightenment.

what of the enlightenment of the internet.
what should a great research library archive?



i want to thank everybody for coming here today and especially the people who were here from the beginning

eric wiseman
tom smuts
dave marglin
jon zittrain
john perry barlow
larry lessig
alex and wendy
myles berkman
fern and eric saltzman

we are here to talk about the future of the net.

my vision of the future of the net is the same as the vision i enunciated ten years ago.

cyberspace is an integrated media realm of stories told and shared by digitally connected and enabled hearts and minds.
WE are the Future of the Internet. We have good stories to live and to tell.
let us make our stories represent our values of
open code
open access
open talk
open education
let’s bridge the digital divide
let’s build the commons of the net

re: lunch with speaker dimasi – tell me this isn’t an internet movie script

Forwarded conversation
Subject: Lunch with Speaker DiMasi

From: Quinn, Katie (HOU)
Date: Tue, Feb 26, 2008 at 6:10 PM
To:  nesson at
Cc:  mharding at

Good Afternoon Professor Nesson,
When we last spoke I had promised to send you dates that work for a luncheon with Speaker DiMasi. I apologize for the delay in my response. I do have an opening ion Friday, March 14 at 1pm. Please advise if that time works for you.

Katie Quinn
Special Assistant to the Speaker
Office of Speaker Salvatore F. DiMasi
Massachusetts House of Representatives
Room 356, State House
Boston, MA 02133
(617) 722-2500

From: Charles Nesson
Date: Wed, Feb 27, 2008 at 1:30 PM
To: “Quinn, Katie (HOU)”

yes, thank you. shall i appear at his office at that time.

when appropriate (in my judgment) to an open project and not sensitive (in my judgment) in terms of privacy, i may post email to my blog. all privacy requests respected. ———-
From: Charles Nesson
Date: Wed, Feb 27, 2008 at 1:35 PM
To: Jonathan Cohen

From: Quinn, Katie (HOU)
Date: Wed, Feb 27, 2008 at 1:40 PM
To: Charles Nesson

I will be in touch with you the week before with a location.

From: Charles Nesson []
Sent: Wednesday, February 27, 2008 12:31 PM
To: Quinn, Katie (HOU)
Subject: Re: Lunch with Speaker DiMasi

From: Charles Nesson
Date: Thu, Mar 13, 2008 at 11:30 AM
To: “Quinn, Katie (HOU)”

may i confirm
From: Quinn, Katie (HOU)
Date: Thu, Mar 13, 2008 at 11:54 AM
To: Charles Nesson

Professor Nesson, I was just going to e-mail you shortly. I have to reschedule lunch tomorrow. I am looking at Friday, March 28th or Friday April 11th for lunch. Please advise if either of these days work for you. Thank you in advance.
Katie Q
Sent: Thursday, March 13, 2008 11:31 AM

From: Charles Nesson
Date: Thu, Mar 13, 2008 at 12:01 PM
To: “Quinn, Katie (HOU)”

too bad
i had wanted to talk with the speaker about the oped i’m expecting the globe to publish tomorrow (attached) and to brief him on the March 18 Don’t Criminalize Online Poker Rally, which i expect will bring out a lot of young people in “how crazy is that?” t-shirts. that was to be for openers.
march 28
From: Charles Nesson
Date: Thu, Mar 13, 2008 at 12:02 PM
To: Joe Finder


From: Charles Nesson
Date: Thu, Mar 13, 2008 at 12:04 PM
To: “Quinn, Katie (HOU)”

with attachment
Date: Thu, Mar 13, 2008 at 12:08 PM
To: Charles Nesson

Professor Nesson, I will put this article in front of the Speaker today and deliver the additional portion of your message. I will be in touch,

Sent: Thursday, March 13, 2008 12:05 PM
To: Quinn, Katie (HOU)
Subject: Lunch with Speaker DiMasi

From: Charles Nesson
Date: Thu, Mar 13, 2008 at 12:16 PM
To: “Quinn, Katie (HOU)”

thank you
Date: Thu, Mar 27, 2008 at 6:02 AM
To: “Quinn, Katie (HOU)”

i am hoping not to be disappointed again in confirming a lunch date with speaker dimasi

i hope he will be amused and intrigued by this video


patrick opened with the his casino bill
dimasi calls him on his numbers for dollars and jobs
full of bullshit made of near thin air

patrick leads out again going over dimasi’s head direct to his membership with letters to each rep
challenging dimasi to present a better alternative

dimasi calls and raises
threatening to kill the bill outright in committee
patrick calls
begging to let the bill go to the floor
dimasi can kill it in committee
dimasi can kill it on the floor
he does both
let there be no doubt

nice hand
nice pot
next hand

action to dimasi
does he come with an alternative

thank you popcha, thank you trevor and ken

tune in march 28

Open Letter to Governor Deval Patrick – Poker is not a CRIME!

To the Honorable Deval Patrick
Governor of the Commonwealth of Massachusetts

Dear Deval:

Who Wrote Your Casino Bill?

Your Casino Bill tries to make playing poker online a CRIME! You threaten people like me with two years imprisonment and $25,000 fine. A disgraceful federal law passed without democratic process as a rider to a port security bill already criminalizes payment companies for processing bets. But even that misguided law stops short of criminalizing online poker players.

Since November 2007 when you offered up your casino bill I have been trying to determine who or what the force is behind the criminalization provision. I spoke with your spokesperson on the casino bill. He surprised me by being completely unaware of the criminalization provision. Obviously to him this was not something high on your agenda.

Word in the poker community was that lawyers for Sands Casinos in Las Vegas had contributed to the crafting of the casino bill. And indeed I had seen Sheldon Adelson, the powerful chairman of Sands, present and in the flesh at the State Legislature’s December 18 hearing on the bill. So I wrote him a letter and asked him directly: do you support the criminalization provision? Did you help write it? To my delighted surprise, on March 6th he replied to my letter disavowing any involvement in or support of the provision. He offered to help “encourage its separation from the bill.” So it seems not to be the casino interests who stand behind the criminalization provision.

With Mr. Adelson’s letter, I have gained an ally. But I have not solved the puzzle. In the meantime, Kyle Sullivan, your press secretary, accused me in public print of being “ill informed” about the bill. So I wrote him and said, “As one who is well informed, would you please clarify who wrote the bill and how the criminalization provision got in there?” There’s been no reply as yet.

I keep sending letters – to Daniel O’Connell in the Office of Economic Development, to John Hall the president of Suffolk Downs, which is the State’s largest race track, to George Carney, who owns the dog track in Raynham. I will keep writing letters and pressing the issue until I get an answer.

Who wrote the bill’s provision trying to make playing online poker a crime? Do you stand behind it now?


Re: Casinos and games in education

thank you pablo. i will forward you an interesting story

On Tue, Feb 26, 2008 at 6:02 PM, Pablo Baques wrote:

Hello Charlie.

My name is Pablo Baqués and I shared with you lunch at Berkman today.

I am interested in the CASINO bill from several angles.

One. I live in Newport, RI, where we have a vociferous group that makes opposition to casinos about 60% of their daily activities.

Two.Like you, I see many possible favorable outcomes from the study of games. I have authored myself a program called The Necklaces (read about it here), which, although not strictly an “outcome” game does rely on imagination and creativity to “win”.

Three, I am a history buff in my scarce spare time, and this struggle in Newport falls within my interest ( I love Newport, and would like to see it turn a little more liberal and less stuffy). And yes, I also want to learn more about these “earmarks”!

If I can find it, I would like to share with you a past edition (UNavailable on line, sorry…) of our very own Newport Daily News relating to a town meeting where the casiNO group expressed loudly their views…

Also, I wanted to thank you for making what seemed to have turned into a blank Tuesday at Berkman one of the most interesting and lively.

take care.

Pablo Baqués
Benjamin Franklin Institute of Technology, BOSTON
Skype name: pbaques

when appropriate (in my judgment) to an open project and not sensitive (in my judgment) in terms of privacy, i may post email to my blog. all privacy requests respected.