A general term is useful only if it subsumes related concepts in such a way that semantic value is added. If our comprehension is not increased by our chosen generalised term, then we shouldn’t use it. A common claim such as ‘they stole my intellectual property’ is singularly uninformative, since the general term ‘intellectual property’ obscures more than it illuminates. If copyright infringement is alleged, we try to identify the copyrightable concrete expression, the nature of the infringement and so on. If patent infringement is alleged, we check another set of conditions (does the ‘new’ invention replicate the design of the older one?), and so on for trademarks (does the offending symbol substantially and misleadingly resemble the protected trademark?) and trade secrets (did the enterprise attempt to keep supposedly protected information secret?) The use of the general term ‘intellectual property’ tells us precisely nothing.
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NYTimes: Rule-Benders Require New Rules - 0 views
Hospital Price Transparency Could Change The Face Of Medical Debt Collections, If Advoc... - 0 views
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The problem for consumers up to now has been that the negotiated prices were unknown, or impractical to raise in court due to evidentiary rules. The general rule is that witnesses must testify to facts within their personal knowledge. Notably, if a consumer contests a medical debt collection lawsuit, someone from the hospital must testify that the price charged is reasonable and customary-an assertion that, with regard to chargemasters, involves shading the truth and is vulnerable to cross-examination.
'Tis the Season for Shame and Judgment - The Atlantic - 0 views
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Pandemic shaming, a national pastime since the spring, intensified in the weeks leading up to Thanksgiving. Thousands waited in line, some for many hours, for a preholiday coronavirus test, only to be rebuked as careless, selfish violators of public-health rules. "I do want people to understand that testing on Thursday so you can party on Saturday: That doesn't work," said Barbara Ferrer, Los Angeles County's director of public health. "It's not effective, and you really are in some ways wasting a valuable resource." Those long lines included people whose families were begging them to visit; students whose campuses had just closed for the semester; and people who were observing state rules requiring visitors to get tested 72 hours before arriving. Yet even people who were trying to be careful weren't spared from criticism: Many news articles and comments from public officials portrayed Thanksgiving travelers, regardless of the precautions they were taking, as irresponsible people. On social media, they were maligned as #covidiots, recklessly endangering themselves and their loved ones.
The idea of intellectual property is nonsensical and pernicious - Samir Chopra | Aeon E... - 0 views
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Property is a legally constructed, historically contingent, social fact. It is founded on economic and social imperatives to distribute and manage material resources – and, thus, wealth and power. As the preface to a legal textbook puts it, legal systems of property ‘confer benefits and impose burdens’ on owners and nonowners respectively. Law defines property. It circumscribes the conditions under which legal subjects may acquire, and properly use and dispose of their property and that of others. It makes concrete the ‘natural right’ of holding property. Different sets of rules create systems with varying allocations of power for owners and others. Some grants of property rights lock in, preserve and reinforce existing relations of race, class or gender, stratifying society and creating new, entrenched, propertied classes. Law makes property part of our socially constructed reality, reconfigurable if social needs change.
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‘Property’ is a legal term with overwhelming emotive, expressive and rhetorical impact. It is regarded as the foundation of a culture and as the foundation of an economic system. It pervades our moral sense, our normative order. It has ideological weight and propaganda value. To use the term ‘intellectual property’ is to partake of property’s expressive impact in an economic and political order constructed by property’s legal rights. It is to suggest that if property is at play, then it can be stolen, and therefore must be protected with the same zeal that the homeowner guards her home against invaders and thieves.
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College golf team gets DQ'd, takes huge hit in ranking after rare - and extremely convo... - 0 views
High score, low pay: why the gig economy loves gamification | Business | The Guardian - 0 views
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Simply defined, gamification is the use of game elements – point-scoring, levels, competition with others, measurable evidence of accomplishment, ratings and rules of play – in non-game contexts. Games deliver an instantaneous, visceral experience of success and reward, and they are increasingly used in the workplace to promote emotional engagement with the work process, to increase workers’ psychological investment in completing otherwise uninspiring tasks, and to influence, or “nudge”, workers’ behaviour.
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According to Burawoy, production at Allied was deliberately organised by management to encourage workers to play the game. When work took the form of a game, Burawoy observed, something interesting happened: workers’ primary source of conflict was no longer with the boss. Instead, tensions were dispersed between workers (the scheduling man, the truckers, the inspectors), between operators and their machines, and between operators and their own physical limitations (their stamina, precision of movement, focus). The battle to beat the quota also transformed a monotonous, soul-crushing job into an exciting outlet for workers to exercise their creativity, speed and skill. Workers attached notions of status and prestige to their output, and the game presented them with a series of choices throughout the day, affording them a sense of relative autonomy and control. It tapped into a worker’s desire for self-determination and self-expression. Then, it directed that desire towards the production of profit for their employer.
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Former Google “design ethicist” Tristan Harris has also described how the “pull-to-refresh” mechanism used in most social media feeds mimics the clever architecture of a slot machine: users never know when they are going to experience gratification – a dozen new likes or retweets – but they know that gratification will eventually come. This unpredictability is addictive: behavioural psychologists have long understood that gambling uses variable reinforcement schedules – unpredictable intervals of uncertainty, anticipation and feedback – to condition players into playing just one more round.
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A California Court Just Ruled That Gig Workers Are Bona Fide Employees. Will Courts in ... - 0 views
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The court ruled in favor of the Dynamex drivers, agreeing that they had been misclassified as independent contractors and are, in fact, employees. The ruling also concluded that employers could only classify as independent contractors those workers who meet the conditions laid out in the "ABC standard" established in other states:(a) that the worker is free from control and direction over performance of the work, both under the contract and in fact; (b) that the work provided is outside the usual course of the business for which the work is performed; and (c) that the worker is customarily engaged in an independently established trade, occupation or business (hence the ABC standard).
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While some of these workers may be independent contractors by choice, others, like the Dynamex drivers, were forced into the classification by employers looking to save money. The National Employment Law Project estimates that employers can reduce payroll and other taxes by up to 30 percent by re-classifying employees. State-level studies on the issue, meanwhile, have uncovered extremely high misclassification rates—a series of audits in Ohio found that 47 percent of workers were misclassified. (This misclassification, not surprisingly, costs federal, state, and local governments hundreds of millions of dollars in lost tax revenues.)
Realignment and Legitimacy - 1 views
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“The Constitutional Crisis Is Now” [Robert Reich, The American Prospect]. “If [Trump] refuses to accept the results [the 2020] election, as he threatened to do if he lost the 2016 election, he will have to be forcefully removed from office.” This is lunacy. In 2016, liberal Democrats floated the idea that “faithless electors” in the Electoral College should not appoint Trump — based on information from the “intelligence community” that the public was not allowed to see. From that day to this, liberal Democrats haven’t accepted the results of 2016, which is what the “Clinton won the popular vote” amounts to. Is the inability to look in the mirror a 10%-er deformation professionnelle?
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“The Democratic Party unraveling is not good for America” [Ed Rogers, WaPo]. “The Democratic Party is not functioning as an umbrella organization or even a coalition. Instead, activists from Tom Steyer to George Soros to Planned Parenthood are operating independently*, doing things a political party otherwise would. These independent actors are pushing pet causes. Traditional party building isn’t one of them. Campaign finance reform and communication technologies have empowered wealthy individuals and collateral groups while at the same time inhibiting parties and individual campaigns. I say this not to kick the Democratic Party while it is down but because I believe in the two-party system…. We need reforms that empower parties and candidates and diminish the influence of deep-pocketed plutocrats and narrowly focused interest groups.” Rogers is a veteran of the Reagan and Bush White Houses, but he’s not wrong. NOTE * Maybe. When you start thinking, it’s hard to know where the boundaries of the Democrat Party really are. For example, are journalists who propagate Brock talking points in the party, or not? My instinct is to say that they are, but how is an institution with fluid boundaries like that to be named and categorized? Or how about an organization like Emily’s List, ostensibly independent, but directing donors only to Democrats? (And Donna Shalala, but not Alexandria Ocasio-Cortez. Or Cynthia Nixon. Or Zephyr Teachout. Really, Emily’s List? Really?)
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UPDATE “One-time Ohio congressional district candidate arrested while streaming incident live on Facebook” [WHIOTV-7]. This is Sam Ronan, who ran for DNC chair and had good things to say about election rigging. The odd thing about this story, and everything I’ve seen on the Twitter, is that he was arrested at his house, and nobody is saying why the cops were there in the first place. Readers?
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"Realignment and Legitimacy "The Constitutional Crisis Is Now" [Robert Reich, The American Prospect]. "If [Trump] refuses to accept the results [the 2020] election, as he threatened to do if he lost the 2016 election, he will have to be forcefully removed from office." This is lunacy. In 2016, liberal Democrats floated the idea that "faithless electors" in the Electoral College should not appoint Trump - based on information from the "intelligence community" that the public was not allowed to see. From that day to this, liberal Democrats haven't accepted the results of 2016, which is what the "Clinton won the popular vote" amounts to. Is the inability to look in the mirror a 10%-er deformation professionnelle? "The Democratic Party unraveling is not good for America" [Ed Rogers, WaPo]. "The Democratic Party is not functioning as an umbrella organization or even a coalition. Instead, activists from Tom Steyer to George Soros to Planned Parenthood are operating independently*, doing things a political party otherwise would. These independent actors are pushing pet causes. Traditional party building isn't one of them. Campaign finance reform and communication technologies have empowered wealthy individuals and collateral groups while at the same time inhibiting parties and individual campaigns. I say this not to kick the Democratic Party while it is down but because I believe in the two-party system…. We need reforms that empower parties and candidates and diminish the influence of deep-pocketed plutocrats and narrowly focused interest groups." Rogers is a veteran of the Reagan and Bush White Houses, but he's not wrong. NOTE * Maybe. When you start thinking, it's hard to know where the boundaries of the Democrat Party really are. For example, are journalists who propagate Brock talking points in the party, or not? My instinct is to say that they are, but how is an institution with fluid boundaries like that to be named and cate
Rules for a Flat World - 0 views
Macro Note | The Fed's New Rule - 0 views