Althouse: Sunrise

May 18, 2023

Sunrise — 5:26.

Write about whatever you like in the comments.

(I know some significant Supreme Court cases came out today, but I'll have to leave writing about them until tomorrow.)

24 comments:

MadisonMan said...: Thanks for the smoke Canada.; 5/18/23, 7:22 PM
Dave Begley said...: I informed the Omaha Public Power District about cruel neutrality and gave credit to an unnamed University of WI law prof.

The guy who followed me was wearing shorts and flip flops. He was pushing green hydrogen.

Too perfect.; 5/18/23, 7:36 PM
Narr said...: It's otiose, but I'll say it anyway. Beautiful pic.

I'll gladly wait until tomorrow to not read most of the posts and comments about the SC decisions. I strongly suspect that per tradition the outcomes will provide years, decades, and maybe even centuries of lucratively abstruse cogitation by our best and brightestest. The American legal-system is the world's greatest self-licking wien -- uh, ice-cream cone. Admirable in its way.

In other news, Francisco Franco is still . . . WAIT! NEWSFLASH!

Oh, sorry. Still dead.; 5/18/23, 7:42 PM
BarrySanders20 said...: The Andy Warhol Foundation lost its case involving the Prince photogra[h that Warhol used to create the Prince silkscreen image. SCOTUS ruled 7-2 that the Warhol images were not transformative enough to escape a copyright infringement claim by the original photographer when AWF licensed the images for a commercial purpose. From the syllabus summarizing the main "fair use factor" at issue:

Here, the specific use of Goldsmith’s photograph alleged to infringe her copyright is AWF’s licensing of Orange Prince to Condé Nast. As portraits of Prince used to depict Prince in magazine stories about Prince, the original photograph and AWF’s
copying use of it share substantially the same purpose. Moreover,
AWF’s use is of a commercial nature. Even though Orange Prince adds
new expression to Goldsmith’s photograph, in the context of the challenged use, the first fair use factor still favors Goldsmith; 5/18/23, 8:13 PM
Ampersand said...: I have to study the decision more closely, butt he Kagan dissent in today's Andy Warhol Foundation decision will delight the Bob Dylan obsessives who frequent this arena by discussing his fertility in bringing forth creativity in others.
Sadly, the decision of the Court is illogical and will lead to unpredictable outcomes. Legal unpredictability deters creativity, contrary to copyright's goals. Lots of lawyer work to come. Try to draw a Venn diagram of what the majority meant by saying that fair use protects works that go "beyond" being a a derivative work. The problem is that ALL works that incorporate enough of a prior work to be an infringement, but for fair use, are derivative works, at least as that term has been statutorily defined to date.

17 USC 101 says "A 'derivative work' is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship, is a 'derivative work'."

Copyright law is the toy department of American law.; 5/18/23, 8:22 PM
7.62x54 R said...: RE: Crying babies.

Years ago I stumbled on a TV segment demonstrating infants (not walking yet) swimming underwater. The initial technique consisted of gently blowing into their mouths and dropping them like a stone. They caught their breath momentarily above the surface and apparently intuitively continued to hold it underwater.

This is not to suggest hauling a tub of water around to dunk your infant. However, a small puff of breath into a screaming baby's mouth provides a moment of silence and, sometimes, it continues for a blessedly longer period.; 5/18/23, 8:25 PM
Readering said...: Interesting background on the Warhol ruling. Thomas gave Sotomayor the majority opinion. She came up from SDNY and Second Circuit. Warhol Foundation won in SDNY, but lost on appeal where her highly respected former colleague Gerard Lynch, a former academic, penned the unanimous opinion. Unusual number of amici for circuit level case. Then Roberts gave former academic Kagan the dissent. She had some fun.; 5/18/23, 8:46 PM
Narr said...: I've continued to prune and trim the bushes, and had decided that our sole and very aromatic Gardenia had indeed given up the ghost, but my wife noticed tiny leaves at some of the forks, and it's no longer slated for uprooting. Just careful pruning.

The city is remaking Audubon Park, about a mile north of here; the plan includes redesigning the golf course, which is being what I can only describe as terraformed to some morainal ideal. Looks expensive. The park will include brand new tennis barns and courts to replace some old open and tented ones--in conjunction with the university's rec programs.

The worst downside will be the closing of old Cherry Road from Southern to Park. That little two-lane stretch was a godsend for avoiding Goodlet and Perkins Extended, even if it required watching out for golfers and carts.

After long delays, the U opened the new indoor pool and trimmings. It's much nicer than the dingy old place. I hate swimming indoors, especially in unheated pools, but this is clean and well-lighted. Makes all the difference (as will my return to semi-regular swimming, I hope--still need to drop a stone).; 5/18/23, 9:21 PM
MikeD said...: I'm curious, does our esteemed hostess ever interact with other sunrise worshipers? And, if so, why never mention in blog? Yeah, they're most likely normies with nothing to offer?
I'll suggest following AM "run to virtue" she/her first browse Twitchy prior to diving into the sewer of the Acela corridor MSM. She/her was more interesting while still employed.; 5/18/23, 10:09 PM
Mike of Snoqualmie said...: I finished planting my Oregon Spring tomato starts today. I'd built a raised planter from some of the cedar lumber I had milled from the cedar trees on our property. I installed a 4-ftx8-ft cage to protect them from the deer, the deer would love to nibble on the tomato plants.

The planter is located in an area that get full sun, so we should get lots of tomatoes this year, provided we have a warm summer. We're right on the edge of good tomato-weather, everything has to go right to get ripe tomatoes.; 5/18/23, 10:53 PM
walter said...: https://open.substack.com/pub/covidreason/p/the-hospital-protocol-killed-their?r=2rtn8&utm_campaign=post&utm_medium=email; 5/19/23, 12:57 AM
Jim at said...: It's too bad Althouse and Achilles had a falling out.
(And do notice - once he was given the boot - he stayed gone. Unlike some people.)

He got wrapped around the wheel on some things, but I miss his insights on digital currency.; 5/19/23, 2:19 AM
Blogic said...: Anyone ever heard the word “limerence”? It was invented decades ago to describe an obsessive crush and is a big thing on Reddit, TikTok, etc. As a word person, Ann may find this word’s provenance and popularity as surprising as I do! https://pioneerworks.org/broadcast/limerence-crushes-dsm?src=longreads; 5/19/23, 2:49 AM
Meade said...: MadisonMan said...
“Thanks for the smoke Canada“

Not my brand. I’d rather fight than switch.; 5/19/23, 4:13 AM
wendybar said...: No Deep State??

Bullshit. Contrast with the way they treated Vindman.

"On Wednesday Chris Wray’s FBI revoked the security clearances of three agents who espoused questioned the aggressive tactics by the FBI in targeting Trump supporters , conservatives, and pro-Life Americans, according to a letter the FBI sent the subcommittee on Wednesday."

https://www.thegatewaypundit.com/2023/05/__trashed-82/

"FBI Special Agent Garret O’Boyle revealed in a shocking testimony that he and his family had their belongings confiscated by the FBI and were subsequently left homeless after he was suspended from the bureau for speaking out against them."

https://www.thegatewaypundit.com/2023/05/former-fbi-special-agent-left-homeless-after-blowing/; 5/19/23, 5:13 AM
wendybar said...: Jonathan Turley is a Democrat who gets it. He is a rare breed in America today.

"Not only did the impossible happen, but they all did it: the Clinton campaign, the FBI, and the media.

In hindsight, it would appear impossible.

A political campaign hatches a plot to create a false claim of collusion between the Trump campaign and the Russian government.

Making this even more implausible is that the CIA and FBI knew about the plan."

https://jonathanturley.org/2023/05/19/the-impossible-must-be-possible-how-the-durham-whodunit-became-who-didnt-do-it/#comments; 5/19/23, 7:46 AM
tim in vermont said...: I think that after the Smith-Bundt law against propagandizing Americans by its own government was repealed, by Democrats and Biden, that the Pentagon and the FBI see it as permission to lie to the American people. Right now the FBI is refusing to hand over J6 video because it would reveal the identity of too many undercover agents and informants. If they had all of those undercover agents and informants, why didn't they accept Trump's offer of National Guard troops to prevent it? The question answers itself.

The same thing happened in Canada, where they justified the draconian crackdowns on the Canadian Truckers by pointing to individuals carrying flags with swastikas, but when the Canadian government was asked to identify one of the men carrying one of those flags, they said they could not for "national security" reasons.

Now the Pentagon is lying to us about that Patriot battery that was destroyed. Claiming it was just a scratch, and trying to muddy the waters around the incident. I think that they feel that the propaganda setback of losing that battery to the first attack by the Russians justifies the lying, and the repeal of Smith-Bundt lends approval to lying to Americans.

Smith-Bundt was passed in 1948 in reaction to what we saw propaganda did to Germany, Italy, The Soviet Union, and Japan, but the Democrats have become the fascists now, and fascism requires massive propaganda, so Smith-Bundt had to go. Oh yeah, and a Reichstag Fire incident is very helpful too.

https://twitter.com/elonmusk/status/1659367524369088513; 5/19/23, 8:34 AM
Rusty said...: I know Ms Althouse is all bout free speech. She claims to be a free speech purist? Or maybe somebody else said she was. No matter.
What would be helpful and no small amount of fun is if we debated what free speech means to us and maybe what defines "hate speech". And the institutional censorship of speech.; 5/19/23, 8:43 AM
DINKY DAU 45 said...: Laying off Preakness race, missed MAGE as my win bet and lost him in the exacta as my pick ANGEL OF EMPIRE FINISHED 3RD slicing the exacta by half a horse and rider. Not interested in 9-5 on horse that went off at 15-1 in last race, small field no value. I would give BLAZING SEVENS a look but still no value. I'll take a look at BELMONT at 1 1/2 miles and see what we get ,hope MAGE gets to move toward TRIPLE CROWN though, horse with only 3 previous starts taking that title would hit the record books. We are looking forward to SARATOGA meet in New York in August while we fly to visit our youngest son ,35 and hit upstate NY.; 5/19/23, 9:00 AM
tim in vermont said...: The Pentagon says that they "overvalued" the weapons sent to Ukraine by three billions dollars, freeing up another three billion for weapons to Ukraine without asking Congress, through an accounting trick. Or... or they adjusted the value of the two Patriot systems from 1.5 billion each, to their true value of zero.; 5/19/23, 9:07 AM
wendybar said...: Did you see the idiot Democrat woman who was questioning a whistleblower, and asked him if a twitter account belonged to him?? He told her it wasn't his account (it was Football player/OJ friend Marcus Allens account).
SHE continued berating him for the posts that he didn't write??
THIS is why the left is out of control. She had NOTHING...and she still continued harassing him about something he had nothing to do with.
These Progressives need to be taught a lesson about lying, but I can't see it happening without the FBI arresting and jailing the people trying to stop them.
https://notthebee.com/article/democrat-congresswoman-tries-to-discredit-witness-because-of-controversial-tweets-it-turns-out-they-werent-from-his-account-but-she-went-ahead-and-questioned-him-about-them-anyways

You would think Progressives would be embarrassed but they keep doubling down on stupid, and their little helpers like Chucky, Inga, lonejustice, Readering and others will keep lying to help them spew the lies.; 5/19/23, 9:27 AM
Original Mike said...: Blogger MadisonMan said..."Thanks for the smoke Canada."

Yeah, I was hoping to go observing this last week. But when you can look directly at the blood-red sun when it's 30-degrees off the horizon, there's no point.; 5/19/23, 11:21 AM
Dave Begley said...: Senator Fetterman in a hoody and shorts during a news release? Ann!!; 5/19/23, 11:55 AM
Rusty said...: Tim.
That graft has to come from somewhere.; 5/19/23, 12:34 PM