Author Archives: Tom Liberman

If Everyone was a Millionaire what would Happen?

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powerball-meme-failThere’s been an interesting meme making the rounds about the Powerball Jackpot of $1.4 billion and how it could be divided up among all the people living in the United States. It’s fundamentally wrong in that the amount posted, $4.33 million, is an error. It would actually be on $4.33. That aside, I noted several of my friends on Facebook suggesting that if everyone was a millionaire economic ruin would follow.

That’s the idea I want to examine today.

What if everyone in the nation, perhaps even the world, had enough money to buy most of the things they need with the exception of luxury items.

The theory my friends on Facebook have is that these people would never work again. They’d simply invest the money and live off the interest while eating, sleeping, and otherwise occupying themselves. The problem being that if they wanted to play a round of golf all the people that work at the golf course wouldn’t be there. There would be no one to get out the carts, no one to take their payment, no one to mow the grass, no one to weed, no one to do anything. All those people would have retired as well.

What incentive is there to work if not to provide basic economic needs? If you have food, utilities, entertainment, and other things, why would you labor?

It’s a fair question and I think the answer lies within our nature. I’m of the opinion that we don’t do things simply to have enough food. There is a deeper yearning within and that is to achieve things. That is the underlying foundation of happiness. When we achieve we are happy. Certainly money allows us to purchase things that make life more comfortable and acts as an incentive but it is only a shadow of the real thing that drives us.

As modern, so-called Western, culture has made people wealthier it has not stopped that drive to achieve but in many ways fueled it. Poor people in poverty stricken nations have far less than their equivalents in wealthy nations. We’ve seen the definition of poor radically change as wealth has increased but we have not seen a drop in a desire to work.

But there is a danger and I think that it comes from our worship of money as opposed to achievement. When we place wealth on a golden pedestal we fool people into thinking that money is the goal. It is not. The goal is happiness and we get there by doing things well. We get paid because we do things well and thus can afford more luxuries, this is true, and I’m not arguing against giving achievers more money with which to buy things. I’m just arguing that the emphasis on which we often put the two is wrong.

Achievement is the goal. Happiness, money, comfort, and success are the results.

If we make achievement the first priority then wealth, for everyone, naturally follows.

As energy becomes cheap and readily available, soon enough everyone in the world will have their basic needs met without having to work. I’m of the opinion this will not lead to stagnation and ruin but to an age where humanity achieves things heretofore all but unimaginable.

Tom Liberman
Sword and Sorcery fantasy with a Libertarian Ideology
Current Release: The Girl in Glass I: Apparition
Next Release: The Gray Horn

The Student Athlete Compared to the Student

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student-athlete-payThere is a profound difference in the nature of a so-called student-athlete and a student and I think many people fail to realize it. Why does this come to mind? Because a fellow named Don Yee, who happens to be the agent of Tom Brady, wrote an opinion piece over the weekend suggesting, among other things, that Clemson and Alabama college football players should refuse to play in the National Championship game.

It’s an interesting piece and talks about the inequality of the financial situation between players and virtually everyone else. I wrote a blog on the same subject back in June of 2013 that echoes a number of the points Yee makes. Yee focuses on race and I largely disagree with his assessments in that regard but it’s not the topic of my blog today.

While reading the passionate comments under Yee’s post I found a common thread. The idea is that the student-athletes should be more than happy with the opportunity to attend college without cost. The students would very much like this arrangement for themselves.

People equate the student and the student-athlete to make this argument. Gosh, lots of kids go way into debt to pay for college is the common thought. The reality is that the two are virtually the opposite of one another in an economic sense.

The student is paying a fee for an education. He or she must get good grades to be allowed into the school and even then pays for the commodity of an education. The school charges this fee and then provides teachers, buildings, cleaning staff, and many other items in return. The student is the consumer and the college is the commodity.

On the other hand, the student-athlete is being paid to play football. The school is the consumer and the player is the commodity. The school’s representative all but begs the athlete to come to that school rather than sell his services to a rival. The player then provides entertainment that generates a large amount of revenue for the school, coaches, and many others. The payment the player gets is an education, exposure for a future career, and various other things.

These are fundamentally different. We cannot compare the student with the student-athlete because they are essentially opposites of one another from an economic perspective.

In the meantime, the student-athlete has noted that coaches are getting paid a lot more than they were twenty years ago. The student-athlete has noted the total amount of revenue generated from the games has gone up by a tremendous amount but their salary remains the same. They want a raise and who are we to tell them they should be “satisfied” with their current rate of pay? That they are “greedy” for wanting more? Would you tell a co-worker those things? Of course not.

Should they get a raise? That’s not my business. It’s between the schools and the student-athletes but I certainly think it’s their absolute right to ask for a raise and not perform if they don’t get. Likewise the school might fire them and give the scholarship to someone else. That’s a labor negotiation which is exactly what is happening.

On a happy note, things are actually moving toward a much more equitable state. The student-athletes in the Power Five conferences now receive a stipend of several hundred dollars a month, access to as much food as they can eat, and their families no longer have to pay out of pocket to attend Bowl Games (trips which can be quite expensive, particularly for low-income households). The horrific system where scholarships were revoked if a player got injured or failed to perform has been abolished.

The NCAA and the colleges seem to have recognized the inequities that the system engendered and are working to fix them without going to a purely professional system wherein each player is negotiated with separately.  These are good things. A reasonable pay increase for the players without destroying the nature of the system. A win/win.

It makes an old cynic proud.

Tom Liberman
Sword and Sorcery fantasy with a Libertarian Ideology
Current Release: The Girl in Glass I: Apparition
Next Release: The Gray Horn

 

Japanese Train Station Kept Open for One Girl – Not

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Remote-Hokkaido-trainThere’s a rather sweet little story making the rounds on Twitter, Facebook and various media outlets about a rural train station in Japan that was scheduled to close. I’m sure a few of you have read it, smiled, and gone on about your business.

Would that I was capable of accepting such little moments of happiness without question. Nope, you guessed it, ding ding, bullshit alert going off, must check it out.

Sadly, it’s largely nonsense, but instructive nevertheless.

The story goes that a train station in a rural area of Hokkaido was sparsely used and scheduled to be taken off the schedule. It turned out a lone schoolgirl used it to get to school so management kept the station open until her graduation. They even went as far as to adjust the schedule of the train to meet with her needs.

Judging by the comments I read on the story, people seem to think the girl is the only passenger. That the train is merely running to get her from her rural station to her school. They also seem to be of the opinion that it was some sort of wonderful testament to government in Japan. Even if we take the story at face value these inferences are both incorrect.

It is just one of many stations along a rout. The trains are running in any case, they just were scheduled to bypass that station thus forcing the girl to travel further to another station to catch a train.

Also, the Hokkaido Railway Company is a private enterprise so even if they did do what was being claimed in the story, it has nothing to do with government but instead private industry.

The real story is that the girl actually uses another, nearby, station along with a number of fellow students. There is only one train in the morning but there are three possible trains that drop them off in the evening. This station, along with the one in the story, are actually scheduled to be closed later this year, in line with the news reports, but it apparently has nothing to do with the girls.

This means passengers from that rural area, the schoolgirls, will have to drive further to get to a larger station in the future.

What I find most interesting about this entire episode is the combination of misinformation and poor comprehension.

The story itself was largely false. The stations were being closed on a schedule that has nothing to do with the girls, the timetables weren’t adjusted, and there is more than one girl.

But even if we take the story as truth, the vast majority of people seem incapable of figuring out what was actually written. They read that the train had a single passenger and the government was responsible for keeping it running despite the fact the story said neither of these things.

Their minds turned what was written into something that better fit what they hoped it would be. Astounding!

Do you think there are any lessons to be had?

Tom Liberman
Sword and Sorcery fantasy with a Libertarian Ideology
Current Release: The Girl in Glass I: Apparition
Next Release: The Gray Horn

Knowingly Sending Sexually Explicit Pictures of Yourself is a Crime Now

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Cormega-Copening-and-Brianna-DensonI just learned of the case against Cormega Copening and Brianna Denson and, yet again, I shake my head in dismay.

Cormega and Brianna date. When they were both sixteen years old they sent one another sexually explicit photos. The police took Copening’s phone while investigating another incident and found the pictures. They then went to Denson and took her phone finding similar pictures on it. Denson reached a plea deal in which she was fined $200 and given a year’s probation. Copening is facing five counts of sexual exploitation each with the possibility of two years in prison and a lifetime listing as a sexual offender.

In an interesting side note, the state of North Carolina is of the opinion that Copening and Denson at sixteen were legally allowed to have sex with one another and be charged as adults, but were not old enough to send sexually explicit pictures of themselves to each other.

Let’s imagine we live in a grown up country instead of the great do-good, nanny nation the United States has become.

It shouldn’t be illegal for anyone, of any age, to willingly and without duress send a picture of themselves to someone else regardless of sexual content.

I get the moral outrage of we must protect the children! I understand that someone might well be tricked or coerced into sending a compromising photo of themselves to a second party. I don’t want to get into far ranging discussion today. We could talk about an adult tricking or manipulating a young person into sending such photos. I understand the possibility of third parties becoming involved in transferring such photos. I get the idea that demand for child pornography creates suppliers. But none of that is the case here.

The problem here is largely a horrible law. It’s illegal for a minor, under eighteen, to have sexually explicit photos on their phone. The most serious of all the charges Copening faces are third-degree felonies for having sexually explicit pictures of himself on the phone! I repeat, of himself. He took them with the intention of sending them to Denson and had them still on his phone when the police confiscated it. He is both the defendant and the victim!

If anyone under 18 does not own the right to their own images what else is left for the government to take?

I even understand the police and prosecutors who are merely applying the law as it is written in North Carolina. That’s their job. They might have decided to prosecute this case simply to point out the insanity of the legislation, hoping to get legislators to make changes.

Why do we care so much about people, even those under eighteen years of age, willingly sending sexual photos to each other? It’s their damned business!

Why are we so obsessed with everyone else’s private and personal business?

How on earth did we get to a place in this nation where a seventeen year old boy can be sent to prison for having naked pictures of himself on his phone?

How?

P.S. The picture I included at the top is an adorable image of the couple having fun for the camera, it was on their Facebook page but is now out and about on the internet.

Tom Liberman
Sword and Sorcery fantasy with a Libertarian Ideology
Current Release: The Girl in Glass I: Apparition
Next Release: The Gray Horn

Netflix and the Ridiculous 6

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The-Ridiculous-6There’s an interesting story from the entertainment industry about an Adam Sandler movie called The Ridiculous 6.

It’s not an earth shaking story by any means but I do think it gives us an interesting insight into the nature of capitalism and the creativity with which people use statistics.

First a little background. Netflix entered into a contract with Sandler to produce four films for exclusive distribution on the Netflix network. It’s a nice way for companies like Netflix to have exclusive content but that’s not the gist of my blog today.

The Ridiculous 6 was roundly criticized as a poor movie by both critics and audiences. Rotten Tomato accumulates critiques from both professionals and regular movie watchers.

Now comes the story I referenced in the first sentence of this post. The Chief Operating Officer of Netflix, Ted Sarandos, announced that the movie has been viewed by more people in the first thirty days than any other Netflix movie. This statistic would seem to bely the many poor reviews for the film. If that many people are watching, it can’t be all that bad. At least that’s a relatively logical conclusion. That’s exactly the conclusion that Sarandos and Netflix would like you to have.

I have not seen the movie and I can’t say whether it is as awful as critics have described or if it’s not all that bad. But when I read that statistic my mind began to whirl. “Tom,” I said to myself. “That’s an odd statistic to put out there. 30 days. Most viewed. I wonder if there’s something going on that needs investigation.”

Okay, I didn’t really say that to myself, my thought process was more like, “Ding, Ding, bullshit alert going off, check it out you sexy beast!”

So I rushed home after the gym, put a kettle on to boil, put on my jammies, sat down in front of the computer, and got to work!

Here’s the deal. Netflix has banners all over its site promoting the movie and when you click one of them movie starts automatically. This counts as a view. In addition the Netflix Streaming Catalog is significantly smaller than their DVD catalog. Many of the biggest blockbusters are not available for streaming. So the competition is somewhat diminished when comparing the first 30 days of release.

I’m certain that Sarandos is telling the truth but I’m equally certain that this truth doesn’t tell the entire story and many people might easily come to erroneous, but reasonable, conclusions.

There’s nothing wrong with any of this. Netflix has every right to promote their original content as they desire and count views how they want. They are in a business and want to make money. As long as they don’t lie, more power to them.

Anyone who is “tricked” into watching the movie can turn it off at any time. Even someone who spends $10 to sign up for Netflix simply to watch the movie isn’t really out a significant amount of money. Let the buyer beware. The reviews are out there and anyone who claims they didn’t know it was supposed to be awful has only themselves to blame.

My only point here is that people should always take time for a critical examination when someone tells them something that sounds a little too good to be true. Statistics can be manipulated.

And that, my friends, is that. Catch you next time!

Tom Liberman
Sword and Sorcery fantasy with a Libertarian Ideology
Current Release: The Girl in Glass I: Apparition
Next Release: The Gray Horn

And Three Say No to Ken Griffey Jr

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ken-griffey-jrThere’s an ugly tradition in baseball regarding the Hall of Fame and I’m hardly the first person to write about it but here I go anyway, please forgive me.

No player has ever been elected into the Hall of Fame by a unanimous vote of the Baseball Writers’ Association of America. The very first inductees in the Hall of Fame were Babe Ruth, Ty Cobb, Honus Wagner, Christy Mathewson, and Walter Johnson. Since then the likes of Stan Musial, Willie Mays, Tom Seaver, and others have joined them. Men who were elite among the elites. Giants of the game.

There is no question these players deserved the vote of every writer but tradition says no. And thus the greatest player I ever saw, Ken Griffey Jr., was supported by only 437 of the 440 writers voting.

The first vote back in 1936 was a special situation. Voters were only allowed to put ten names on the ballot and there was quite a backlog of worthy players. Nap Lajoie, Tris Speaker, Rogers Hornsby, Micky Cochrane, and George Sisler didn’t make it that first year although later joined.

Writers who left off Ruth or Cobb were instead voting for Speaker or Hornsby. I’m willing to give them a reluctant shrug of the shoulders. That first list did have ten players fairly close in skills to that top five. It’s possible that someone could argue Ruth was the 11st best player on that list. Unlikely, I’m not buying it, but it’s not a completely unreasonable position.

The backlog continued for a while but eventually there were fewer than ten deserving candidates each year.

There are some members of the voting block who think because Cobb and the others were not unanimous, to elect anyone with 100% of the vote is insulting to those five, it somehow diminishes those five. They often submit a ballot with no names at all.

This is injustice. This is unfair. It is against the traditions of our nation.

Let’s imagine a world in which voters do not cast their ballot for the person they think best represents the qualities needed for the position. I know it is difficult to fathom but try to conjure a world in which people vote for or against a candidate not because of their abilities but because of their perceived chances of winning or losing. Imagine a nation in which people have so long voted for inferior candidates that qualified people have no desire to run for office, where the only choices are bad and worse.

Cast your important ballot for a person based upon their record. Vote for them because they are the candidate that most closely represents your views. Vote for them because it is the right thing to do. Vote for that candidate no matter their chances of winning or losing. When we vote for the most worthy candidate regardless of other factors, we make the nation strong. Anything else is a betrayal of your obligation as a voter. It destroys our country one election at a time.

Yes, I’ve finally gotten to the point. I’ve tricked you and I feel shame. Vote for Gary Johnson.

Tom Liberman
Sword and Sorcery fantasy with a Libertarian Ideology
Current Release: The Girl in Glass I: Apparition
Next Release: The Gray Horn

Romancing the Apocalypse

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ApocalypseHas anyone else noticed the romanticizing of an apocalypse?

Be it a Zombie Apocalypse, a Nuclear Apocalypse, a Government Meltdown Apocalypse, or any other sort of disaster, there are those who romanticize this state affairs.

Why is this? I say with absolute confidence that modern society with all its amenities is far better than any apocalyptic scenario. The modern world is amazing. Modern medicine. Modern dentistry. Modern plumbing. Modern communication. I play chess with people from all over the world thanks to the internet and computers. I talk with friends and family at will. I know almost immediately when things happen. We have a virtually endless supply of clean water, hot water, food, comfortable lodgings, transportation, comforts.

After the apocalypse all these things go away. Even if I was somehow lucky enough to survive I’d be living without hot water every day. I’d be hungry and sober most of the time. I wouldn’t get to play Dungeons and Dragons and board games with my friends. I wouldn’t get to travel. The world would be much less beautiful. It would be, in a word, awful. And that’s at best.

So what is this romanticizing all about?

I think it’s about two different things although they overlap.

One group of people is those who are dissatisfied with life but also relatively comfortable. They have plenty. In comparison with people throughout the history of the world they are more comfortable, wealthier, have better access to food and water, shelter, live longer and with less pain; and yet they yearn to have not these material things but instead control of their life. That’s what an apocalyptic fantasy yields. I am the controller of my destiny. I find my food. I kill my enemies. I lead my family and friends to freedom and survival.

The modern world gives us many nice things but we are increasingly dependent on others for these luxuries. My food delivery service is late on Tuesday night thus inconveniencing me. A driver cuts me off on the way to work thus frustrating me. We largely do not control our destiny in a modern world and this births discontent and yearning for more control, the control a apocalypse seems to promise.

The other group of people are those who use fear of such a catastrophe to fleece us of our money. They promise safety when the world collapses … for a fee. They are often also part of the first group in they think they will have control once disaster strikes.

The first group is understandable but incorrect. An apocalypse will not give them more control, but less. There is more immediate control of things like gathering food but much less control of life in general. Is there food to be found? Water? Is it safe to leave the house? Will I be able to communicate with my loved ones? The answer is mostly no. Life is more dangerous, more capricious, and less controllable despite the promise of such power. It is certainly without the amenities.

The second group is largely despicable. They hope for terrible tragedy and the countless loss of lives in order to inflate their massive egos in regards to their own capability and also to steal your money. They are not to be trusted.

My point in all of this? Life is very good for more people now than it has ever been in the history of the world. Work not to destroy this world but to make it better. Yearn not for an apocalypse but incremental improvements to a system that is already pretty amazing. Look not at the driver who cut you off but at your ability to safely get to the grocery store and purchase all you need. Do not be angry when an ambulance momentarily blocks your path but understand that such a vehicle will one day take you or a loved one to a hospital for medical care that far surpasses any in the history of the world.

Sure, life isn’t perfect. Life isn’t fair. The government isn’t without flaw. My advice, don’t destroy, instead build. This is the path to controlling your life and the path to happiness.

Tom Liberman

Playing not to Win Annoys People

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Trivial-Pursuit-80sWhen I was younger I used to play everything to win. That was the goal and I had more than a bit of a temper when things didn’t work out. As I got older that was supplanted by a desire to simply have fun.

I’m increasingly coming to the conclusion that this attitude, while quite healthy for me, is also very annoying to some people. Let me explain.

I was invited by a friend to partake in a Trivial Pursuit, 80s version, night of game playing. We divided up into three teams and I’m happy to say that those on my team pretty much had the same attitude as me. It’s nice to win and we certainly did our best but the main goal was to banter about the strange questions, eat the delicious food, drink the nice drinks, and generally have a good time.

Members of another team were a bit more serious about winning and, unfortunately, my team was winning and their team was losing. My attempts at good humor which sometimes gave clues as to the answer to the third team did not go over well with these opponents. My team bantered about the questions and tried to deduce answers even when it wasn’t our turn and this further annoyed certain opponents.

I certainly understand their point of view. In my youth, when I thought winning was more important than having fun, such an attitude among my fellow competitors was annoying to me as well.

I’m of the opinion that our attitude is healthier. I think when it comes to games it’s better to put having fun ahead of winning. Not that you shouldn’t always do your best. I always try my best but I’m not worried about losing if things don’t go right. I’m actually of the opinion that the desire to win and the ability to have fun are inversely related. The more we make winning paramount, the less fun we have. Winning is not the fun part of the game, playing is.

That’s not the point of my blog today. I absolutely think it’s true but the question I wonder is if, perhaps, I should be more attuned to those who want to win and repress my attitude, at least a bit. If my bantering and casual regard for winning annoys those around me, am I not diminishing their fun?

Isn’t the point for everyone to have fun? I can’t be responsible for the entirety of their experience to be certain, but it is also clear my attitude does effect those around me. I was annoying several of my fellow competitors.

Should I tone it down a bit in deference to them?

As a side note I would like to point out that, contrary to popular belief, it is largely women who seem to take winning at games much more seriously than men, at least as adults. That is clearly a subjective and anecdotal opinion.

Anyway, if you have an opinion I’ve got a couple of polls for you to fill out. Let me know!

Should I tone down my Fun before Winning attitude

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Is there a Gender divide in those who want to win most?

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Tom Liberman
Sword and Sorcery fantasy with a Libertarian Ideology
Current Release: The Girl in Glass I: Apparition
Next Release: The Gray Horn

Hawaii Raises Age to Purchase Cigarettes to 21

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hawaii-smoking-age-banIt’s wearisome being a Libertarian at times and when I read that Hawaii raised the age required to smoke or purchase cigarettes to 21, I sadly shook my head.

What’s the point of writing yet another blog about how passing such laws creates serious problems and solves nothing? The War on Drugs. Prohibition. Laws against a particular type of weapon. I suppose I could launch into a dissertation on the law of Supply and Demand but you already know about that.

Everybody, on the two main sides of the political spectrum, already understands. Republicans know that laws banning particular weapons hurt more than they help. Democrats know that passing laws against particular brands of drugs cause far more damage than the problem the purport to solve.

Everyone already knows. They know in Hawaii that their stupid ban won’t work. Then know it will cause more problems than it solves.

So why do we continue to see more and more laws? Why is it becoming increasingly difficult to lead your life free of threat from arrest by authorities?

I could rage against the prison for profit system. I could tell you how local governments make much of their money not from direct taxes but from issuing citations to their citizens. But you already know all that. I could tell how the police state puts more power into the hands of despots who love nothing more than telling other people how to conduct their lives. How such laws don’t make us safer, how they don’t protect our precious youth, how they endanger all us, how such policies embolden and empower our real enemies, despots, not terrorists.

Yes, terrorists can kill some of us and we need be wary of them but despots can destroy all the freedoms we enjoy. The more laws created to keep us safe the more power we hand to despots who slowly take our freedoms.

But, again, you know this. I cover no new territory. I make no stunning revelations.

An eighteen year old adult can choose whether they want to smoke a cigarette on their own. They don’t need a nanny state to save them from themselves. You know this. You absolutely know this is true.

I have some questions, but not just for the Hawaiian legislature, for you.

Why do want to control the lives of other people? What is the true motivation behind that desire? And finally, would your life be better and more fulfilled by focusing on doing the things you want to do and letting others do the same?

It’s 2016, the start of a new year. Today, January 1st, do what you want to do and don’t worry so much about everyone else.

I’ll do the same. I won’t let my weariness stop me. I’ll write my blogs because I enjoy writing them. I’ll write my books because I love the sense of accomplishment I get from doing it. I’ll ask out that intelligent and interesting woman I met. I’ll play Dungeons and Dragons and Trivial Pursuit with my friends. I’ll be kind to family and friends.

Happy New Year to you all.

Tom Liberman
Sword and Sorcery fantasy with a Libertarian Ideology
Current Release: The Girl in Glass I: Apparition
Next Release: The Gray Horn

The Soft Kitty Big Bang Copyright Nightmare

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Copyright-term-extension-minUnited States, you’ve done it to yourself.

A woman named Edith Newlin wrote a poem in 1937. The Willis Music Co. published the poem in a book called Songs for the Nursery School that same year. Seventy years later the producers of a television show called the Big Bang Theory got permission from Willis Music to use those lyrics as a song in their show. They did not get permission from Newlin or her estate.

Newlin died in 2004 but her daughters are now suing.

I’m a writer and I believe those who create intellectual property own it and should have the exclusive right to make money from it for a period of time. The Copyright Clause of the United States Constitution reads as follows: To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.

The Founding Fathers felt fourteen years was a good number for that “limited Times” with another fourteen years available if the author was still alive and filed to renew.

In 1831 the clause was changed so that the period of time was twenty-eight years with renewal available for fourteen more. The reason Congress did this was to give a fellow by the name of Noah Webster more time to profit from sales of his dictionary. You may have heard of it.

In 1909 the renewal period was extended to twenty-eight years. That’s a total of fifty-six years.

Assuming Newlin reissued her rights; by the standards of copyright laws in the original constitution the Soft Kitty song would have expired its sole ownership rights in 1965. By 1993 using the 1909 law.

The reason the Founding Father’s used the term “limited Times” is for the precise reason that the producers of the Big Bang show are now using the song. Newlin had plenty of time to make money off her work and by allowing it to extend into the public domain people can do more things with it. They can use it to entertain people.

Mickey Mouse, created in 1928, was set to become public property in 1984 so in 1976, anticipating this disaster, Congress voted to extend the “limited Times” to the life of the author plus fifty years. Another twenty years was tacked onto this in 1998. For Newlin this means the rights of her heirs to be paid for the song extend to 2074. The are other nuances to the law but I won’t get into them.

The vote in the Senate was 97 – 0 and in the House 316 – 7.

I could go on for quite a while about all of this and why it is so wrong but I’m going to stick to the point of this blog. As Nelson of the Simpson’s might have succinctly pointed out, Ha-ha!

Here’s the reality, like it or not. The daughters of Newlin have an excellent case. The published version of the song made it clear that Newlin retained rights. The publishing company had no right to authorize anyone else use. Copyright laws extend 70 years past the date of her death.

CBS, open those wallets.

Congress, take note. Write bad laws, expect insane lawsuits.

Tom Liberman
Sword and Sorcery fantasy with a Libertarian Ideology
Current Release: The Girl in Glass I: Apparition
Next Release: The Gray Horn

Kansas City Drug Raid that Produced Nothing Based on Bad Evidence Was Legal

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hydroponic-tomato-and-drug-raidI wrote a post about a drug raid that took place at the home of Robert and Addie Harte back in March of 2013. The family spent $25,000 of their own money compelling the police department to explain how they chose that home to raid. When they found out a lawsuit was filed. The result of that suit is in.

More information about the raid and the reasons behind it have come out since I wrote the original piece and I’ll summarize here but I’d highly recommend you visit the link I just posted and read the excellent article in the Washington Post written by Radley Balko. He gets it.

Basically the Harte’s visited a local garden shop in order to purchase supplies for a hydroponic experiment their son was conducting. The police apparently keep surveillance on such stores and note every licence plate of customers. They used this information to find the home of the Harte’s and searched their garbage on several occasions. This does not require a warrant. Flawed field tests returned false positive results for marijuana on loose leaf tea in the garbage. The police could have waited ten days to wait for more accurate lab tests but decided not to do so.

Police are well aware that field test results return false positives at an alarming rate, over 70% of positive results are false. They presumably like it that way. In an example given in the article by Balko there is a link to a video of a field test kit used for cocaine resulting in a false positive on a bag of air.

The police used the false positive results, on a substance described by lab personnel as not physically resembling marijuana in any way, to gain a warrant for a search. After twenty minutes of searching for a major crime scene they started looking for marijuana in small quantities for personal use. After two hours they found nothing and left.

The Harte’s had to spend $25,000 to find this out. The police in Kansas largely don’t have to explain their actions to anyone.

A judge heard this and dismissed all charges summarily. There was not even enough evidence of wrongdoing by the police to go to trial.

What does this say about the laws we live under? What does this say about the War on Drugs as a whole?

The police can, without any fear, take your license plate for doing ordinary shopping. Search your garbage. Use fatally flawed tests to obtain warrants. Come into your home and terrorize you. When they find nothing, you have no legal recourse. You must simply take it.

If this happens to a well-to-do family in an upscale Kansas City neighborhood do you imagine you are safe from such attacks?

This is a government using the mantra of fear to take away your freedom. Beware the scary drugs. We’re only doing this to protect you, to make you safe.

The government is most certainly not making us safer. They are putting us in greater danger AND taking away our freedom.

I’ve said it before and I’ll repeat it now. End the War on Drugs. Make us safer and more free.

Tom Liberman
Sword and Sorcery fantasy with a Libertarian Ideology
Current Release: The Girl in Glass I: Apparition
Next Release: The Gray Horn

Monica Pompeo, Lesbians, and Academic Standards

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critical-thinking-abilityI just read an interesting case that has largely concluded in New Mexico wherein a student named Monica Pompeo filed a lawsuit against the University of New Mexico.

Pompeo took a course called Images of (Wo)men: From Icons to Iconoclasts in which the syllabus suggested that students have open minds to examine representations of a plethora of genders and sexualities. Her opinion of lesbians was that they were perverse and had barren wombs.

The original story about the lawsuit describes how professors seemed to harangue Pompeo for her negative comments about lesbians in the essay but the updated article tells a different story. Had I only read the original story I would have sided with Pompeo. In the updated story where the judge did further examination it was found that Pompeo was not asked to change her opinion but simply to substantiate it with critical thinking as is required in an academic environment.

Pompeo was spoken to about rewriting the paper so that it conformed with the requirements of the course, critical thinking, rather than rewrite it to conform with a particular ideology. Pompeo refused. Her academic advisor, the professor, and the professor’s immediate supervisor all reviewed the paper and came to the same conclusion. That the thoughts Pompeo laid out were not properly substantiated.

Rather than perform a rewrite of the paper, essentially attempt to prove her point, Pompeo resorted to a path more in tune with the United States of whining America. She filed a lawsuit because people were forcing her to adhere to high standards. The judge dismissed the case.

I think this sequence of events tells us a great deal about Pompeo, those commenting on the story, and our nation as a whole.

It’s my opinion that those who vilified Pompeo after the original story were completely wrong and those who trumpet her cause after the updated story are also mistaken. That is what we have in this country these days; a complete lack of critical thinking and blind loyalty to a particular cause.

If Pompeo was being told to rewrite the paper in ideological grounds then she is in right, whether you support lesbian rights or not. Pompeo is most certainly entitled to her opinion and all the more so because it is in an academic environment where individual thought is encouraged, even more so if it is against the mainstream. The “Liberals” who applauded such treatment were guilty of supporting bullying and closed mindedness.

However, if Pompeo was being asked to merely substantiate her claims then it is those who continue to support her that have failed in their analysis. “Conservatives” who support Pompeo are guilty of saying that standards do not apply. That clear and well thought out arguments are valueless. You need not understand or explain a position, it’s enough to simply have one. This attitude is also an utter abrogation of the responsibility of an academic institution.

And, by and large, I think that’s where we are in this country. It matters not if you have facts to support a position. It matters that you hold a position strongly and you talk louder than anyone else.

What I find discouraging is that I think the vast majority of people who originally disagreed with Pompeo will continue to do so and those who supported her originally will continue to do so. Only a small minority will have changed their opinion based on an evolving understanding of the case.

It’s my opinion that bad decisions are often rooted in this kind of thinking. People stick with an opinion and a plan despite evidence that it is wrong and will fail. The result is failure.

What happens when men and women who think like this run our municipality, our state, and our country?

All one need do is look around.

Tom Liberman

George Will Fears the End of a Conservative Party – It’s Already Gone

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modern-republicansThe candidacy of Donald Trump has put to test a part of the Republican party that considers itself truly Conservative and George Will is of the opinion that a Trump nomination will mark the end of that faction of the GOP.

I’ve got news for you, Mr. Will. You and those of like minds might still be voting for Republicans, but the party is no longer Conservative and hasn’t been for a long time.

Part of the problem is that the term Conservative has come to mean two very different things to people who are members of the Republican party. The group to which Will largely belongs is Libertarian Conservativism. He does not believe the government should be telling individuals what to do and how to behave.

Meanwhile the majority of the Republican party has long since swayed to a combination of Cultural and Religious Conservatism. This group believes the government should interfere intimately in the lives of its citizens in cultural and religious matters. They believe preserving the state is integrally tied to preserving the culture. They believe in a very strong state with an untouchable police force that has the ability to enforce any and all draconian measures in order to keep us safe. They believe in a mighty military in order to keep us safe. They believe freedom is secondary to safety.

The two ideologies have, much to my mystification, remained compatible with one another in a single party up to this point. Certainly some people who considered themselves Republicans and Democrats have transitioned to the Libertarian Party in the last few years but hardly enough to make an impression in the political juggernauts that the two main parties remain. Libertarian candidates get around 1% of the vote in general elections.

Will finishes his article with the following sentiment: If Trump is the Republican nominee in 2016, there might not be a conservative party in 2020 either.

Mr. Will. There is a Conservative Party the 2016 election but it’s not the Republican Party, no matter who the nominee. There will be a Conservative Party in the 2020 elections and it won’t be the Republican Party. The party to which you harken with nostalgic foolishness may be there in name but it is not there in spirit.

Mr. Will, you cling to a phantom that is no more. A ghost, an apparition, and the longer you hold the dead thing to your bosom the more life will be sucked from your own body. You will eventually be nothing more than a husk of a man. An empty corpse that manages to shuffle along but does not see, does not hear, does not understand. Perhaps you are already there but I suspect not. I suspect there is life in there still, intelligence, vigor, and ability.

Mr. Will. We are Libertarians and with open arms we welcome such as you.

Tom Liberman

Gamblers Lose Willingly and Kentucky Wins Legally

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Kentucky-pokerstars-online-gamblingAn astonishing case just reached its first stop when Franklin Circuit Court Judge Thomas Wingate ruled that the state of Kentucky can claim triple $290 million dollars in gambling losses of residents between 2006 and 2011.

For a period  of time a company called Poker Stars offered internet gambling across the United States. In 2006 a law was passed called the Unlawful Internet Gambling Enforcement Act of 2006. In 2011 the government acted on this law and stopped all such gambling. The state of Kentucky claims that all losses made in the interim were illegal and thus they can collect said money.

There are so many things wrong with this case it makes my mind boggle and my blood boil.

I suppose I’ll list them by what I perceive as the most egregious.

  1. Kentucky is collecting the gambling losses made by its citizens, not for the citizens, but for its own treasury.
  2. Not a single one of the 14,000+ gamblers who incurred losses has made a single claim.
  3. The figure arrived at includes all losses in the time frame, not winnings and services minus losses. Just add up all the losses and go.
  4. The statute that allows Kentucky to do this was re-codified in 1942 and was apparently originally written sometime in the 1800’s although I can’t find a date.

Here’s the wording of the statute and here is a PDF of it.

372.040 Suit by third person where loser or creditor does not sue.

If the loser or his creditor does not, within six (6) months after its payment or delivery to the winner, sue for the money or thing lost, and prosecute the suit to recovery with due diligence, any other person may sue the winner, and recover treble the value of the money or thing lost, if suit is brought within five (5) years from the delivery or payment.

I mean, you have to be kidding me, right? This is some insane joke? Nope, sadly not.

This is an example of the power that government can wield. If the state of Kentucky can not only pass a law claiming any third party has the right to collect the gambling losses of another individual but actually enforce it … what law cannot they pass?

The only laws they can’t pass are those which the Constitution forbids. Kentucky is not allowed to abridge my freedom to speak, to assemble with like-minded people, to be immune from unwarranted search and seizure, to house soldiers in my home, establish a religion, and more.

We take many of these rights for granted but I hope this case makes you appreciate them all the more. Do you imagine a legislature that can write things like 372.040 wouldn’t be happy to take away your right to speak? To assemble? To vote? To own a weapon?

The sad part in all of this? The judge is probably correct in interpreting the statute. The statute is, quite obviously, madness. It is overreaching, money-seeking government at its worst, exposed to the light of day. It is sickening. It is a dark shadow upon the thoughts of any liberty loving individual. It is the raw power of a government not checked by the people.

There is one group who can remove this stain of a statute from the books.

Kentuckians, what say you?

Tom Liberman
Sword and Sorcery fantasy with a Libertarian Ideology
Current Release: The Girl in Glass I: Apparition
Next Release: The Gray Horn

What Paige Spiranac tells us about a Meritocracy

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Paige-spiranacMost of you probably haven’t heard the name Paige Spiranac before but I think her story is interesting enough to discuss for a moment. Spiranac was an accomplished golfer at San Diego State University and has aspirations of joining the Ladies Professional Golfer Association tour.

Her attempt to accomplish this and the success she has attained, and failed to attain, demonstrates some of the ideas behind what is called a Meritocracy. In short, a society that is a Meritocracy vests power with those who prove most competent.

Now onto Spiranac. The normal route to joining the LPGA tour is through Qualifying School where the best golfers battle it out and the top finishers gain access to the LPGA the following season. Once on tour performance dictates how long they stay. Women who finish at the top of the leaderboard and win tournaments are given access to events for a period of time.

Spiranac chose a different path. She is an attractive young woman and leveraged her Instagram account into getting a sponsor’s exemption into a tournament in Dubai.

If you visit the website of the event there is a banner across the top that shows images of the tournament. Spiranac is in three of them while the winner of the tournament, Feng Shanshan, is nowhere to found despite absolutely dominating. Spiranac missed the cut and finished tied for 107th of the 111 total players.

In my opinion there are two lessons to be learned from this series of events.

Spiranac used her attractiveness to gain entry into a tournament that her golfing skills alone did not qualify her to enter. The tournament directors gave her the sponsor’s exemption because people are interested in looking at her and this boosted ratings for the event. The officers of the LPGA tour are likely rooting for Spiranac to improve her golf game enough to join the tour full time. She will undoubtedly gain future exemptions because her looks bring viewers and thus advertising revenue.

There is nothing wrong with any of this. Good for Spiranac. Good for the tournament.

The second lesson is that no matter how greatly people want to see Spiranac make it as a full time LPGA player, it cannot happen unless she improves at golf and starts making cuts and contending for titles.

This is also good. No matter how many people want her to do well, it should be only her actual golfing skill that keeps her on the tour.

I guess what I’m saying is her undeniable physical appeal and her golfing skills are both part of the meritorious equation. If she had neither we would not be talking about her. If she excels at both she will become a star and make a lot of money for both herself and the tour. If she is only attractive but not so great at golf then she will go onto other endeavors and likely do well.

We all have certain things going for us. Our looks, our skills, our minds, our writing ability, or anything else. If we leverage these things we make our lives and the world a better place. If we fail to do so then we leave behind a life and a world that could have been more.

Best of luck to you, Paige. I suspect you’ll never be good enough to make it on tour. Prove me wrong!

Tom Liberman
Sword and Sorcery fantasy with a Libertarian Ideology
Current Release: The Girl in Glass I: Apparition
Next Release: The Gray Horn

Headline Writers DESTROY Internet

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Extra-ExtraIn HUGE news today the headline writers ABSOLUTELY DESTROYED the entire internet with EXPLODING stories about how their rant CRUSHED any opposition.

It was a MASSIVE defeat for reasoned and thoughtful discussion about important topics. The headlines DEVESTATED any argument against their bold lettering with ENORMOUS words that simply left rational thought without HOPE!!!!

Yes it was an EPIC day in the GLORIOUS history of the United States when headline writer’s proclamation of UTTER ANNHILATION simply overwhelmed all opponents. There was NOTHING LEFT except a feeble and useless attempt asking for substance instead of FLASH from those feeding us the news.

You HEARD IT HERE first!!

The internet is SHATTERED.

In a side note, click here to read TEN WEIRD TRICKS on how to write books that no one purchases!!

Peace.

Tom Liberman
Sword and Sorcery fantasy with a Libertarian Ideology
Current Release: The Girl in Glass I: Apparition
Next Release: The Gray Horn

Making Indoor Tanning Illegal for Anyone Under 18 without Consent

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tanning-bedThe Food and Drug Administration has just issued a proposed regulation on the indoor tanning industry that would bar anyone under 18 years of age from tanning without signed consent forms from their parents.

Indoor tanning increases the risk of melanoma enormously. The statistics on this are overwhelming. Anyone who uses indoor tanning is putting their long-term health at risk. Children are particularly at risk.

The FDA is proposing these regulations in order to save lives. These regulations will save lives. These regulations will save insurance companies money, they will save people enormous pain and suffering from skin cancer as they get older. I absolutely agree that people should not go into tanning booths. I think people should use sun screen whenever they’re exposed to strong sunlight for any length of time.

And yet I’m totally against these regulations. The reasons I’m against the regulations are fairly numerous but it all comes down to one thing.

The dangers of tanning beds are well known and anyone who uses them has no excuse for not knowing them. Even children.

Other reasons include the fact that where there is a market a supplier will arise. Someone will find a way to provide tanning services to teenagers who do not have permission from their parents. Money will exchange hands. Raids will be made. People will end up in prison. Fake age identifications will become a bigger industry. Some parents just don’t care. They’ll sign any consent form they’re handed. Kids who tan a lot are likely to be children of parents who do it as well and choose to ignore the danger. Why an agency called the Food and Drug Administration should have any power of tanning booths is another mystery.

Yet all those reasons are secondary. If a teenager wants to tan and can’t bother to read through the already voluminous notices about the dangers of tanning that the government forces indoor tanning facilities to post, that’s their business. The government does not need to protect your child from tanning, you need to do it. If your children don’t listen to you, as teenagers a prone to do, then trying to rely on the government to protect them is an exercise in futility.

If you step into a tanning booth, even once, your insurance rates should skyrocket. If you lie about tanning and get skin cancer, your insurance shouldn’t cover the costs. It’s brutal. It’s painful. People will suffer. A pretty, young, pregnant girl will get skin cancer and won’t be able to afford treatment. More regulations people will scream. Protect us from ourselves!

It’s the price we pay for freedom. As I write in my latest novel, The Girl in Glass I – Apparition. Freedom is free, it just isn’t safe.

Tom Liberman
Sword and Sorcery fantasy with a Libertarian Ideology
Current Release: The Girl in Glass I: Apparition
Next Release: The Gray Horn

Let’s Get Ready to Rumble Announcers – Yawn

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ready-to-rumbleI’m a huge sports fan and love both going to the games and watching events on television. I’m here to tell you today about a pet peeve of mine. You may disagree.

The Michael Buffer effect I call it. Let’s get ready to ruuuuuuuuumble!!!!

The long, drawn out name during introductions with emphasis everywhere it doesn’t belong. It’s all part of an attempt to work the fans into a frenzy and I’m guessing most people like it, but it annoys me.

Yes, I’m a party-pooper. Why all the fireworks? The light shows. The screaming announcers? The pounding music. It’s marketing I suppose.

It seems to me that in the old days fans knew when to cheer on their own. Frankly, I find it a both a bit insulting and counterproductive. I know when to cheer but I find increasingly that most fans do not, they wait for the music or announcer to tell them it’s time to yell. Half the time it’s not even appropriate and yet the fans start to scream like Pavlov’s dogs at the first sign of music.

So, either I’m right or I’m a grumpy old man yelling at those durned kids. Which is it?

Which am I?

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Tom Liberman
Sword and Sorcery fantasy with a Libertarian Ideology
Current Release: The Girl in Glass I: Apparition
Next Release: The Gray Horn

Tuscaloosa Police Dept Pays $500,000 in Overtime to Police Alabama Football Games

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alabama-police-footballThere’s an interesting story out of college football involving the Alabama Crimson Tide and the fact that the local Tuscaloosa police department pays the salaries of officers providing security at football games with no reimbursement from the University of Alabama.

On game days in Tuscaloosa the crowd in the stadium is larger than the entire town and the police department works with local Campus Police to provide security. According to records produced by the city this amounted to over half a million dollars in overtime expenses this past season.

On the whole I don’t think it makes much difference in practicality. The reason I think this is if the University pays for the service some arrangement will be made to return that revenue through tax breaks or other means.

Nevertheless, I have a strong opinion this subject.

The city is providing a service for the university for which they would otherwise have to pay. The University of Alabama would have to bolster campus police forces on game days or simply hire the police force to do the job.

The reason the city of Tuscaloosa likely provides this service is that they get far more than half a million dollars in revenue from the 100,000 people that descend on the town those seven days a year. They do it simply as a courtesy.

This situation reminds of strongly of a story in Atlas Shrugged where John Galt insists on paying Midas Mulligan a dime for the loan of his car for the day. The dime is a trivial amount and Mulligan might easily loan the car as a favor. Galt insists on the payment and I think the University of Alabama should do so as well.

The police department is providing a useful service to the university. This service comes at an expense and paying for it is an homage to capitalism.

Maybe it doesn’t make a difference in actual finances but I do think it’s an important statement to make as far as capitalism is concerned. There is nothing necessarily wrong with doing favors for friends but when somebody provides you a valuable service, pay for it. It could be as simple as buying them lunch. Doing so sets a good example for everyone.

Tom Liberman
Sword and Sorcery fantasy with a Libertarian Ideology
Current Release: The Girl in Glass I: Apparition
Next Release: The Gray Horn

Baby Bou-Bou Wrap Up

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phonesavanh_familyI wrote a post back in December of 2014 about the case of baby Bou-Bou.

I added an update in May of 2015.

As far as I know things are wrapped up now with this final story.

You can go back and read all the details but I’ll summarize quickly.

The police in Georgia had a drug informant. He had a friend. The friend lied about making a small drug purchase in a house in which a meth dealer he knew lived. In reality, the dealer had moved out months before and relatives, with small children, had temporarily moved in.

Officer Nikki Autry wrote out a request for a warrant that stated the informant had purchased the drugs and seen weapons in the house. Both of these statements were known to Autry to be false. Autry did not know that the informant’s friend was also lying about the entire episode.

Judge James Butterworth issued a no-knock warrant. The police did no surveillance, broke down the door, and threw a flash-bang grenade into the room where it landed in a baby’s crib severely burning the 19-month. His flesh was burned down to bone.

When details of the case became known Butterworth immediately retired. Autry left her job as well. The state of Georgia protects law enforcement officers from the damage they do in such raids. A lawsuit was filed although it had no chance of success. The state felt remorse, as well they should, and paid out less than the cost of medical bills for the child though by law they faced no penalties. The family had to accept the proffered settlement or get nothing.

This final blog is about the conclusion of the case against Autry for providing false information on a warrant which, after much publicity, Autry was eventually charged with doing. Well, I should say she didn’t do because she’s been acquitted of all charges despite admitting that some of the information in the warrant was “not entirely inaccurate”.

Now I’ll spend a few seconds on some information that turned out to be wrong from my earlier posts. I passed along the inaccurate information that Autry was a DEA agent. She was a sheriff’s deputy. I also wrote that no charges had been filed, which was true at the time but proved false as charges were eventually filed against Autry.

The end. Go on about your lives.

Tom Liberman
Sword and Sorcery fantasy with a Libertarian Ideology
Current Release: The Girl in Glass I: Apparition
Next Release: The Gray Horn