January 23, 2012 archive

Understanding Free Content

copied whole, with permission, from QuestionCopyright.Org

Content is an unlimited resource. People can now make perfect copies of digital content for free. That’s why they expect content to be free – because it is in fact free. That is GOOD.

Think of “content” – culture – as water. Where water flows, life flourishes.

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Containers – objects like books, DVDs, hard drives, apparel, action figures, and prints – are not free. They are a limited resource. No one expects these objects to be free, and people voluntarily pay good money for them.

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Think of “containers” – books, discs, hard drives – as jugs and vessels. These containers add utility to and increase the value of the water. If you can get water for free in the public river, great – that doesn’t reduce the value of vessels. Quite the contrary: when rivers flow, the utility and value of water vessels increases.

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Today on The Stars Hollow Gazette

Our regular featured content-

These featured articles-

This is an Open Thread

The Stars Hollow Gazette

Foreclosure Fraud: While You Were Sleeping

Cross posted from The Stars Hollow Gazette

Over the weekend while everyone was distracted by the South Carolina primary circus, the Super Bowl Championship playoffs and the Joe Paterno death watch, the Obama Justice Department is working to stab homeowners in the back and let the big banks off the hook for liability for the fraud they’ve committed and continue to commit.

Talks set out terms of US mortgage deal

By Shahien Nasiripour and Kara Scannell at Financial Times

Banks and government negotiators have cleared a big hurdle in efforts to resolve allegations of widespread mortgage-related misdeeds, agreeing on terms for a settlement that are being circulated to the 50 US states for approval, state officials and a bank representative say.

The proposed pact would potentially reduce mortgage balances and monthly payments by more than $25bn for distressed US homeowners, these five people said.

The tentative agreement still must be approved by all 50 state attorneys-general, and negotiators have previously missed proposed deadlines. Participants described the proposal terms as set, meaning the states will be asked either to agree to them or decline to participate.

The amount of potential aid is contingent on state participation and would decrease significantly if big states do not sign the agreement. New York and California are among several states that have voiced concerns about the terms of the proposed deal with Bank of America, JPMorgan Chase, Wells Fargo, Citigroup and Ally Financial. New York and California are particularly concerned with the part of the deal that would absolve the banks of civil liability for allegedly illegal mortgage-related conduct.

California borrowers would be eligible to receive more than $10bn in aid if the state were to agree to the terms, according to several people involved in the talks.

It’s pretty obvious that by offering California 40% of the settlement that the Obama administration is trying very hard to pull their AG, Kamala Harris, back into the agreement. So far the pressure from her constituents is winning out over bribes that in the end would short change California home owners. From Marcy Wheeler at emptywheel:

Remember the “Cornhusker Kickback”? That was the $45 million in expanded Medicaid funding Ben Nelson demanded from the Obama Administration before he’d support Health Insurance Reform. The special treatment for Nebraska gave the reform effort a tawdry feel.

And just as importantly, it did nothing to improve Nelson’s popularity in his own state. When he announced he would not run for reelection in December, reporters pointed to the Cornhusker Kickback as one issue that was making his reelection increasingly unlikely. [..]

Yet it seems like Obama’s trying something similar in his effort to get CA’s Kamala Harris to join in his foreclosure settlement, with $10 billion in aid slated for CA’s struggling homeowners.

It would seem that Obama is having a hard time getting the Democratic AG’s on board.

Foreclosure Fraud Settlement Terms Laid Out, But Holdout AGs Not Signed On

by David Dayen at FDL News Desk

When I started digging into whether this Monday meeting with HUD and DoJ officials to go over a proposal for a foreclosure fraud settlement was legitimate, I couldn’t find one state Attorney General who mattered actually committed to showing up. When I say AGs who “matter,” I mean the ones who have been critical of a settlement in the past. I mean the Justice Democrats. I mean Eric Schneiderman in New York, Beau Biden in Delaware, Martha Coakley in Massachusetts, Catherine Cortez Masto in Nevada, Kamala Harris in California, not to mention the AGs from Hawaii, New Hampshire, Missouri, Mississippi, Maryland, Kentucky, Minnesota, Oregon and Montana who showed up (either themselves or representatives) at the meeting in DC last week to discuss alternatives to a settlement. I mean them. They aren’t going to Chicago, by all accounts. [,,]

But again, I’ve seen no evidence that anyone outside of the small circle of the Administration and the AGs on the executive committee negotiating the deal actually agree to it. Call it the 12-state deal, rather than the 50-state one. This is only closer to getting done in the sense that the folks who have wanted to cave all along are ready to do so.

So what can we do as individuals to get our state Attorney Generals to support homeowners and reject this sell out to the big banks? Yves Smith at naked capitalism lays out three reasons they should oppose this settlement and says to call them:

Here are some of the reasons to oppose a settlement:

1. There have been virtually no investigations, and the Administration has engaged in cover-ups rather than trying to get to the bottom of the mortgage mess

2. The big argument made in favor of the deal, that it will help borrowers, is patently false. Remember, Countrywide entered into a deal with attorney generals just like this, where they agreed to do mods in return for a settlement on abuses. Guess what? They didn’t do the mods. To add insult to injury, they actually abused homeowners who should have gotten mods. Nevada AG is suing Countrywide now over its failure to comply with the terms of its settlement. And even if some mods miraculously did get done, the settlement is designed to have banks hit a dollar amount. That means they will focus on the biggest loans, which means any relief will go to a comparatively small number of people in (originally) big ticket houses.

3. The Administration has only one chance to get this right. Now you might argue that Team Obama has no intention of getting the mortgage mess right, but the tectonic plates suddenly seem to be moving in elite circles. The Fed realizes that housing is a BIG problem and has even started making noise about it. Yet Obama is moving forward with a plan cooked up in late 2010 that is completely out of whack with the urgency and severity of the problem. Note that this settlement will NOT stop private actions, such as borrowers fighting foreclosures. And we will continue to banks refuse to take losses and drag out foreclosures to maximize fees. That will lead to continued pressure on housing prices in many markets as buyers stay on the sidelines, fearful of buying before a large shadow inventory clears. [..]

PLEASE call them TODAY. Here is a list of phone numbers. If you can’t get through, send an e-mail.

Please also sign this petition from Campaign for America’s Future (it has some talking points if you need them for the AG calls). Note you can opt out of being put on their mailing list (I know that has been a sore point with some past petitions). I know it is futile to ping Obama, but they will collect the number of people who sign, and that will in turn bolster the dissident AGs.

Please call today. Unlike Congresscritters, who get a lot of constituent mail and phone calls, AGs get much less in the way of messages from state citizens, so your calls will make a difference.

Thanks for your help.

Cartnoon

His Bitter Half

Guzzle to Zatch

Crossposted from The Stars Hollow Gazette

Foreclosure Fraud Settlement Terms Laid Out, But Holdout AGs Not Signed On

By: David Dayen, Firedog Lake

Saturday January 21, 2012 9:38 am

When I started digging into whether this Monday meeting with HUD and DoJ officials to go over a proposal for a foreclosure fraud settlement was legitimate, I couldn’t find one state Attorney General who mattered actually committed to showing up. When I say AGs who “matter,” I mean the ones who have been critical of a settlement in the past. I mean the Justice Democrats. I mean Eric Schneiderman in New York, Beau Biden in Delaware, Martha Coakley in Massachusetts, Catherine Cortez Masto in Nevada, Kamala Harris in California, not to mention the AGs from Hawaii, New Hampshire, Missouri, Mississippi, Maryland, Kentucky, Minnesota, Oregon and Montana who showed up (either themselves or representatives) at the meeting in DC last week to discuss alternatives to a settlement. I mean them. They aren’t going to Chicago, by all accounts.



My sense is that this settlement proposal comes from the Obama Administration, Iowa AG Tom Miller and the small group of negotiators on the executive committee of state AGs, and pretty much nobody else. There’s just no guarantee that any of the Justice Democrats – or any of the Republicans, for that matter – will agree to any of it.

The Administration is trying to put the squeeze on the state AGs, particularly California, dangling $10 billion in “aid” in the deal. The aim, as Marcy Wheeler writes, is to increase pressure on Kamala Harris to agree to the settlement. The core issues haven’t changed, however. Harris called the settlement inadequate last year and it remains just as inadequate. This is a $25 billion settlement when there is $700 billion in negative equity in the country. This is a settlement that, according to HUD Secretary Shaun Donovan, will help 1 million homeowners, when 10.7 million are underwater and millions of others have been wrongfully foreclosed upon. This is a settlement that could put $17 billion of credits toward principal reduction (the rest of the money would go to legal aid, refis, short sales, token payoffs to foreclosed borrowers, and penalties), when there is more than twice as much sitting unused in an account as part of HAMP.

And these credits would get paid mostly by the owners of mortgage-backed securities, investors rather than the banks themselves.



According to previous reports, investors would not have approval on the modifications. So the majority of the settlement, where banks get the release of liability, would get paid with other people’s money. Servicers actually make out because they would reimburse themselves for the loan modifications, taking money that would otherwise go to the investors. The investors, in short, would get massively screwed by this deal.

But again, I’ve seen no evidence that anyone outside of the small circle of the Administration and the AGs on the executive committee negotiating the deal actually agree to it. Call it the 12-state deal, rather than the 50-state one. This is only closer to getting done in the sense that the folks who have wanted to cave all along are ready to do so.

Speaking of caving, why on earth would the Obama Administration in general and Eric Holder in particular want to do that?

Insight: Top Justice officials connected to mortgage banks

By Scot J. Paltrow, Reuters

Fri Jan 20, 2012 9:31am EST

(Reuters) – U.S. Attorney General Eric Holder and Lanny Breuer, head of the Justice Department’s criminal division, were partners for years at a Washington law firm that represented a Who’s Who of big banks and other companies at the center of alleged foreclosure fraud, a Reuters inquiry shows.

The firm, Covington & Burling, is one of Washington’s biggest white shoe law firms. Law professors and other federal ethics experts said that federal conflict of interest rules required Holder and Breuer to recuse themselves from any Justice Department decisions relating to law firm clients they personally had done work for.



As Reuters reported in 2011, public records show large numbers of mortgage promissory notes with apparently forged endorsements that were submitted as evidence to courts.

There also is evidence of almost routine manufacturing of false mortgage assignments, documents that transfer ownership of mortgages between banks or to groups of investors. In foreclosure actions in courts mortgage assignments are required to show that a bank has the legal right to foreclose.

In an interview in late 2011, Raymond Brescia, a visiting professor at Yale Law School who has written about foreclosure practices said, “I think it’s difficult to find a fraud of this size on the U.S. court system in U.S. history.”

Holder has resisted calls for a criminal investigation since October 2010, when evidence of widespread “robo-signing” first surfaced. That involved mortgage servicer employees falsely signing and swearing to massive numbers of affidavits and other foreclosure documents that they had never read or checked for accuracy.



On Wednesday, John O’Brien Jr., register of deeds in Salem, Mass., announced that he had sent 31,897 allegedly fraudulent foreclosure-related documents to Holder. O’Brien said he asked for a criminal investigation of servicers and their law firms that had filed the documents because they “show a pattern of fraud,” forgery and false notarizations.

Corrupt guzzle to zatch (look it up).

IOZ speaks better ASL

WHOISIOZ?  I dunno, but great stuff just seems to fall from his mouth, like he doesn’t even try; his application effort-ry-ness is nil, and he merely rains phraseology down upon the rest of us like Zeus’s embarassado’d forehead pudenda.  He’s like Tom Brady, La Binoche, Gore Vidal, Herman Melville, and Fred Flintstone rolled in one.  Mother effing fuck.  Who is like that?  It’s irritating to an orangutan to be so out-done, so out-laundered, out-smoked; it does make us interested, try harder, but it also makes trying harder, like playing the dude who keeps schwacking top-spinning baselines in the Australian Open.  “Orang” is being kind.    Vicki, please open can of paint!  The ecru!  Sure.   Now say, “cup!” but I can’t do that, dammit.  Chimps don’t speak; we sign in ASL.  Duh.

(X-posted from writingintheraw)

On this Day In History January 23

Cross posted from The Stars Hollow Gazette

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

Find the past “On This Day in History” here.

January 23 is the 23rd day of the year in the Gregorian calendar. There are 342 days remaining until the end of the year (343 in leap years).

On this day in 1849, Elizabeth Blackwell is granted a medical degree from Geneva College in New York, becoming the first female to be officially recognized as a physician in U.S. history.

Blackwell, born in Bristol, England, came to the United States in her youth and attended the medical faculty of Geneva College, now known as Hobart College. In 1849, she graduated with the highest grades in her class and was granted an M.D.

Banned from practice in most hospitals, she was advised to go to Paris, France and train at La Maternite, but had to continue her training as a student midwife, not a physician. While she was there, her training was cut short when in November, 1849 she caught a serious right eye infection, purulent ophthalmia, from a baby she was treating. She had to have her right eye removed and replaced with a glass eye. This loss brought to an end her hopes to become a surgeon.

In 1853 Blackwell along with her sister Emily and Dr. Marie Zakrzewska, founded their own infirmary, the New York Infirmary for Indigent Women and Children, in a single room dispensary near Tompkins Square in Manhattan. During the American Civil War, Blackwell trained many women to be nurses and sent them to the Union Army. Many women were interested and received training at this time. After the war, Blackwell had time, in 1868, to establish a Women’s Medical College at the Infirmary to train women, physicians, and doctors.

In 1857, Blackwell returned to England where she attended Bedford College for Women for one year. In 1858, under a clause in the 1858 Medical Act that recognized doctors with foreign degrees practising in Britain before 1858, she was able to become the first woman to have her name entered on the General Medical Council’s medical register (1 January 1859).

In 1869, she left her sister Emily in charge of the college and returned to England. There, with Florence Nightingale, she opened the Women’s Medical College. Blackwell taught at London School of Medicine for Women, which she had co-founded, and accepted a chair in gynecology. She retired a year later.

During her retirement, Blackwell still maintained her interest in the women’s rights movement by writing lectures on the importance of education. Blackwell is credited with opening the first training school for nurses in the United States in 1873. She also published books about diseases and proper hygiene.

She was an early outspoken opponent of circumcision and in 1894 said that “Parents, should be warned that this ugly mutilation of their children involves serious danger, both to their physical and moral health.” She was a proponent of women’s rights and pro-life.

Muse in the Morning

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Muse in the Morning


Prickly

Late Night Karaoke

Countdown with Keith Olbermann: Worst Persons 1.20.2012

Keith Olbermann’s Worst Person’s Rant this Friday hit the mark. Keith take on the hypocrisy of Dr. Keith Ablow, “psychology pundit on the political whorehouse that is Fox News”, and his defense of Newt Gingrich’s lack of “Family Values.”

Worst Persons: Steve Beshear, Newt Gingrich and Keith Ablow

Transcript:

But the winner? On the Gingrichian theme. Dr. Keith Ablow – he used to have a talk show on TV, but recently has been reduced to co-authoring a book with “Lonesome Rhodes” Beck and being the psychology pundit on the political whorehouse that is Fox News.

And, he may have admitted the single dumbest thing yet said in this campaign. I mean, Rick Perry is embarrassed for this guy.

Ablow writes that – if you are coldly analytical about Gingrich being a serial marrier and philanderer – you will realize it would make him a great president. Quoting:

One, “three women have met Mr. Gingrich and been so moved by his emotional energy and intellect that they decided they wanted to spend the rest of theirs lives with him.”

Two, he writes, “Two of these women felt this way even though Mr. Gingrich is already married.”

Three, he writes, “One of them felt this way even though Mr. Gingrich was already married for the second time, was not exactly her equal in the looks department and had a wife (Marianne) who wanted to make his life without her as painful as possible.”

You left out four – he betrayed the first two, one of them while she was fighting cancer.

But wait, this gets worse.

Albow writes, “So, as far as I can tell, judging from the psychological data, we have only one real risk to America from his marital history. If Newt Gingrich were to become president, we would need to worry that another nation – perhaps a little younger than ours – would be so taken by Mr. Gingrich that it would seduce him into marrying it and becoming its president.

So what you are saying, Dr. Ablow, is that voters need to worry about whether or not Newt Gingrich is loyal to the United States of America?

Dr. Keith Ablow – I think you may be mispronouncing that last name, buddy – today’s “Worst Person” in the World.

Pique the Geek 20120122: Chlamydia, a Serious STI

Last time we talked about trichonomiasis, a sexually transmitted infection (STI) that often produces no symptoms.  Chlamydia is another STI that often causes no symptoms, at least initially.  We shall investigate this condition this week and then move to topics other than STIs next time.

This infection is usually caused in humans by the bacterium Chlamydia trachomatis and is found only in humans.  Unlike trichomoniasis, women are more often asymptomatic than are men.  Estimates are that around 75% of women present with no symptoms whislt around 50% of men do have symptoms, almost the opposite from our infection of the week last time.

Although this is a serious subject, let us keep it a bit light.  After the fold in a song by Todd Rundgren called “You Left me Sore”.  Although most likely written about gonorrhea, it is still apt in this case.

Labor’s Worth or Pura Vida?

Where does it come from, this self-reaffirming need to do have done something “productive”?

You all feel it, that feeling when you look back at something you have done well, we call it satisfaction, we call it a sense of pride. There is something to be said about the adage, “Anything worth doing at all is worth doing well,” but so often it only applies to what we call work.  What of that mouthful of food you are chewing?  Do you feel the texture, let the flavors dance upon your palate, be fully in the moment of appreciating the act of eating it?  Living fully aware is close to impossible.  We are not conditioned to be that way.

Even Marx argued that labor is central to a human being’s self-conception and sense of well-being.  Even as revolutionary as his thinking was at the time, that humans are alienated from their own humanity by not being “owners” of their own units of labor, and the products of their labors; he still comes from a decidedly Western standpoint.

I get it.  I’m Polish.  The Germanic tradition of hard work was instilled into me with my Mother’s milk, a generation removed from that land and into the relative safety of the 60’s.  It is, after all, a fairly hostile climate; and utterly necessary to over-produce and store to survive the harsh Winters.  That self-preserving tribal urge cannot be reduced easily even with the layers of technology that eased the fear of immediate death by an ill-prepared village.  Sure, now we can “work” and procure from a better gatherer/storer and survive;  but that measure of worth being work is still just a primal reactionary response.



Is it truly our measure of worth?

Better question:  SHOULD it be?

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