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Friday Follies 2.9

“A 28-year-old man said he wanted a third degree felony on his record so he wouldn’t be allowed to attend law school.” I think, though, there are much easier ways to avoid it. (Dumb as a Blog)

Like Jonathan Turley, I’m not sure who the traffic sign is directed at but I’m guessing “attenzione prostitute” attracts the attention of wide range of people.

A gunshot victim who was molested by a transgender nurse has sued a Cincinnati hospital claiming that allowing the male employee to dress as a woman “involved an unreasonable risk of harm to others.”

ATL’s version of March Madness results in Washington, D.C., being the best city for lawyers. When you consider the politicians and lobbyists who aren’t lawyers that are already there, this won’t help make Washington any more popular in “flyover country.”

A Cleveland judge and her daughter are suing the city’s newspaper for $50 million for violating the privacy policy of the newspaper’s web site. The suit stems from the paper revealing that anonymous comments posted on its Web site, including ones dealing with matters over which the judge is presiding were traced to her personal AOL e-mail account.

An Arkansas woman has been charged with harassment for posts on her16-year-old son’s Facebook page. I think “unfriending” her would be far more simple. (BoingBoing)

Finally, in light of Supreme Court Justice John Paul Stevens announcing his retirement today, the closing quote will come from his opinion in what may be the most catastrophic folly in Supreme Court history


Although we may never know with complete certainty the identity of the winner of this year’s Presidential election, the identity of the loser is perfectly clear. It is the Nation’s confidence in the judge as an impartial guardian of the rule of law.

Bush v. Gore (Justice Stevens dissenting)

At least I’m an ethical pirate

Randy Cohen, the NYT‘s “ethicist” caused a minor uproar when he opined last weekend that although downloading a pirated electronic version of a book you already own might be illegal, it is ethical. It led to blood boiling on the part of some publishers and authors while others weren’t all that concerned. I tend to agree with Cohen.

I’m not an e-book fan so can’t say I have been in the position posed to Cohen. But I can identify with this in the context of music.

Given my age, I have shelves filled with vinyl LPs. Many of them are also floating around my house in audio cassette form. When those LPs are released on CD, it’s like I’m paying for them a third time. As a result, if someone has posted a digital version of an album I already own, I don’t see a problem with downloading it and putting it on my iPod. After all, the Audio Home Recording Act specifically says it does not violate copyright laws for a consumer to use, for noncommercial purposes, a digital recording device to copy musical recordings. If it is legal for me to make a digital copy of an LP or cassette I own, I don’t see how it is unethical to download a digital copy.

Now granted, books are not subject to the Audio Home Recording Act. But a copyright law doctrine called “first sale” says a person who buys a book can lend, sell, or give it away without having to get permission from the copyright owner. While the situation posed to Cohen doesn’t fall into this category, it also isn’t a situation where the owner of the book made or wanted copies to give others. As far as I know, copyright laws don’t prohibit someone who owns a book from making a copy of it for their own use (presuming, of course, it isn’t so they can sell the lawfully owned original). If the buyer of a book can copy it, why can’t they scan it to read in a digital format?

These situations also need to be distinguished from, say, going to a movie and then going home and downloading it or renting a DVD and making a copy of it. No ownership rights are created in those situations, only a license, and “owning” a pirated copy exceeds the scope of the license. My position does not mean I think it’s proper for people who do not own or have no intention of ever buying a book or album to obtain pirated copies. But I think Cohen is right in the scenarios I’ve laid out because I’ve already paid the creator or copyright holder and, as long as it is for my own use, can do with it what I please.

So if downloading music I already own in analog format makes me a pirate, at least I’m not the only one who thinks I’m an ethical pirate.


Only one thing is impossible for God: to find any sense in any copyright law on the planet.

Mark Twain, Mark Twain’s Notebook

Book Review: Wild Bill Hickok & Calamity Jane: Deadwood Legends by James D. McLaird

“Legend” is a word tossed around too easily and misused too often. According to the American Heritage Dictionary, a legend is “an unverified story handed down from earlier times, especially one popularly believed to be historical.”

In titling his latest book, James D. McLaird demonstrates he knows what the word means. Wild Bill Hickok & Calamity Jane: Deadwood Legends explains that much of what we think we know about Wild Bill Hickok and Calamity Jane in Deadwood is, in fact, the stuff of legend.

An emeritus professor of history at Dakota Wesleyan University and author of an earlier biography on Calamity Jane, McLaird wastes no time conveying his point. On the first page of the introduction, he tells the reader that Wild Bill and Calamity Jane “accomplished little of significance to deserve their prominence” in the history of Deadwood. Still, the goal of Wild Bill Hickok & Calamity Jane: Deadwood Legends isn’t to demolish the celebrity of Wild Bill — whose real name was James — or Calamity Jane — whose real name was Martha Canary. Instead, as a historian is inclined to do, McLaird examines their lives using facts, not mythology.

Essentially, Wild Bill and Calamity Jane become their era’s equivalent of mass media darlings. Hickok garnered his national reputation thanks to a February 1867 article in Harper’s New Monthly Magazine and ensuing dime novels. McLaird notes, though, that the magazine article’s tales of Hickok’s derring-do “bore little resemblance to actual events, and some episodes were entirely fictionalized.” Similarly, the connection between Hickok and Calamity Jane is more tenuous than commonly thought.

The two met for the first time in July 1867, when Calamity Jane hooked up with a group heading to the Black Hills that included Hickok. Less than a month later, Hickok was dead. Although known in the area because of previous trips there and as a dance-hall girl, Calamity Jane’s national fame didn’t begin until after Hickok’s death. Like Hickok, a magazine article and, more important, a series of highly popular dime novels published between 1877 and 1885 featuring “Deadwood Dick,” in which she was a character, pushed her into the spotlight.

McLaird approaches each individual’s life story separately, which is easier than popular belief might think. McLaird argues with some credence that no intimate connection between the two arose in the public eye until Calamity Jane was buried next to Wild Bill in Deadwood’s Mount Moriah Cemetery in 1903. Wild Bill Hickok & Calamity Jane: Deadwood Legends examines how each gained their national reputations and compares the mythology built around them during and after their lives to more historically accurate accounts. McLaird also explores their lives once the spotlight of fame fell upon them, as well as Hickok’s brief period of time in Deadwood and how the two ultimately became even bigger cultural icons and a joint part of Deadwood lore and tourism.

McLaird relays their stories concisely, pointing out the heavy varnish that at times was used to polish their character. His book illustrates what gave rise to differences of opinion that existed about them during their time. To some, they helped personify the lure and individualism of the west. To others, they were simply “scum,” undeserving of attention. Yet where McLaird pokes holes in popular versions of their lives, he does so recognizing that it is the folklore that means so much to popular American history and culture, helping make the book an interesting combination of biography and cultural/historical study.

No one can doubt that Wild Bill and Calamity Jane live on into the 21st Century, whether in popular culture, such as the HBO television series Deadwood, or by helping make the actual town of Deadwood a popular tourist attraction to this day. In exploring both the fact and fiction of their lives, McLaird establishes that, individually and collectively, Wild Bill and Calamity Jane are legends in the true sense of the word.


Hickock … wasted most of his time in Deadwood drinking, gambling, and shooting at targets.

James D. McLaird, Wild Bill Hickok & Calamity Jane: Deadwood Legends

Weekend Edition: 4-3

Bulletin Board

Interweb Line of the Week

Interesting Items in the Interweb Tubes

Bookish Links

Nonbookish Links


[Jazz] is supposed to wash away the dusty of everyday life

Art Blakey in Ben Sidran’s Talking Jazz

Friday Follies 2.8

Stupid Legislative Trick of the Week: Sacrificing the higher education system to balance our state budget.

Sumo suits, those bulky foam outfits seen at office picnics and intermissions at sporting events, have been declared prohibited racist objects by the student government of Queen’s University in Ontario, Canada.

Possibly The Most Idiotic Prescription Drug Warning Ever: “Do not take Xyzal if you are allergic to Xyzal …”

Perhaps I should be more sympathetic, but the skeptic in me says the guy who sued his neighbor to shut off her iPhone, laptop computer, wifi and other electronic devices because of “electromagnetic sensitivities” simply needs to buy better quality aluminum foil for his headgear.


One morning in the courtroom
The judge looked down at me
Said, “Son, for your own good
Don’t mess with reality”

“Reality,” The Lost Gonzo Band