U&PU is a blawg,
which lawyer/blogger Denise Howell (Bag and Baggage) defined as
"a web log written by lawyers and/or concerned primarily with legal affairs."

Topics shall also include
- linguistics (often as it relates to law)
- politics and current events
- philosophy and jurisprudence, and naturally
Stuff Worth Reading, which includes books, articles, posts, caselaw, and more.

Read, share, and enjoy. Some rights reserved.

Unused and Probably Unusable

-- a linguistically inclined blawg

Wednesday, July 26, 2006

Heinlein Friday preview: Inventions
As I've got my act (more) together this week than last week, when I needed to make the HF post mostly not about Heinlein, and come out on a not-Friday (HF: Judge Jones speech report) - does that make it a non-H non-F post? - let's kick things off with a Wednesday preview of this week's HF.

So far, to recap, we've discussed


  • Courts and judges


  • Crime


  • Lawyers


  • Justice


  • Aliens


  • And there was a special post one week on Jerry Was a Man, which implicated humanity - implicated Being Human.


This week, I turn to another interest of mine: Intellectual Property. HF: Inventions will discuss patents, trade secrets, and invention in Heinlein's fiction.

Not all the inventions Heinlein discusses (or "discloses," or "particularly describes") are covered by IP. Intellectual Property, for anyone without a background is "an umbrella term for various legal entitlements which attach to certain types of information, ideas, or other intangibles in their expressed form." (Wikipedia, which covers the topic nicely).

In other words,

with IP, instead of "owning" a house or a shirt or a wallet or a pile of sprockets, you "own" rights in the plans of the house, or the shape of the shirt, or the design of the wallet, or the name of your sprocket business.

These rights are different in some respects from Property Rights, which most people instinctively understand. If you own your home outright, only one person can be The Owner - sell it, and you no longer own. You can exclude others from entering (in general, with exceptions for emergencies, the police with a warrant or exigent need, etc.), you can let others in, you can allow others to trespass on your rights. And you can divest, as I said, by selling (or giving) your property away.

In intellectual property, you can do many of those things - but the law has to change, as always, when the underlying nature of the property alters. A song, for example, is not a fixed Thing until you record in some form (on a music sheet, or on tape, or in the head of a parrot) - at which point, there's a song AND a thing. The song can't be reproduced - it's a song. It can be imitated. It can be captured, replayed, edited, mocked. But the Thing can be copied, and copied, and copied - that's the nature of Things.

IP sometimes lets you prevent people from copying Things, and also sometimes from copying the Idea expressed in the Thing.

Heinlein didn't usually spend a lot of time discussing all this, the policy and nature of IP. But he certainly used it.

In "The Door Into Summer," the entire plot hinges on patents. And not in a normal way - TDIS is a time-travel story, with at least one paradox or bootstrapping problem. In other science fiction, authors (who often understand far too little biology) may ask, what if you go back and become your own grandpa? (Cf. the song - also note that things are different if a woman goes back and becomes her own grandmother.)

In Heinlein's book, Dan patents a design - but he does it after he's already seen it invented. This convoluted result is one of the things I'll discuss for Friday. The story also contains IP fraud, trademark issues, brand naming, and various new inventions, including Stik-Tite (think velcro on steroids), and "grabbies" (think movies, then extrapolate - they "null the theater on some shots" so "buckle your seatbelt").

Other stories I'll discuss include "Let There Be Light," "Lifeline," and "Friday." But you'll have to come back on Friday for the rest.

And since I've got your attention, and did this before, let me take one more opportunity to flog my del.icio.us page. It's HIGHLY linky, it's got my commentary, and it's much more categorizable (and categorized) than any blog. It's only bloggy in two ways: Newest added entries are at the top, and I post new (and old) links frequently with a note or a description if needed.

Thursday, July 20, 2006

Skeptics' Circle # 39 at Mike's Weekly Skeptic Rant
Go read the latest Skeptics' Circle, up now at MWSR - it's Scooby Doo-themed this time. Also quite funny.

As always, the Best of the Web (according to moi) appears irregularly but quite frequently at the Del.Icio.Us page I post to. I mentioned how cool delicious is here, and had been previously ranting about Jots, as in this post. The adulation previously unduly showered on Jots.com (now defunct) is equally if not more deserved by the more-popular, more-stable, still-extant delicious.

Why are you still here? Go read the 39th Skeptics' Circle, or check out my delicious page.

Thursday, July 13, 2006

HF Pending (and No More Jots): Del.Icio.Us rulez
(Heinlein) Friday is just three hours away, so keep your eyes (or RSS feeds) peeled. In other news, I've had it with Jots. It was a noble experiment. I'm fed up.

My new non-blawg links collection is available here: My del.icio.us. I have 80 links posted so far, none duplicative, and they're neatly categorized (and cross-categorized). They are not, alas, saved cached versions, so the expiring pages (like my most recent addition, Jeremy's brilliant WSJ op-ed piece) will someday no longer be found at the addresses posted.

As most of you know already, delicious (I'm tired of putting in the dots, please assume them) is a wildly popular site that takes advantage of collaborative tagging. See the Main page (clever use of the .us suffix, no?) for more.

I have other useful pages elsewhere, besides this blog, and the previous iteration of this blog: There's also my Wikipedia profile (minimal, to say the least; Wikipedia isn't about the User, it's about the Project), and as I've noted previously I also am a big fan of Bloglines, so I have a Bloglines subscription (free) which aggregates my favorite feeds. Check it out by clicking here.

The upcoming Heinlein post will finally get to one of my favorite topics: Science Fiction Crimes! After all, if a story doesn't have a science-fictional element crucial to the story, it shouldn't be set far in the future, or under the blazing twin suns of Fomulhaut VII, or anywhere other than in a standard contemporary setting. So if a story is appropriately set in a what-if ficton, and there's a crime, it's much more interesting if it's not a normal crime happening to normal people who happen to live in a futuristic or high-tech setting.

The best part of the intersection between Law and Heinlein: coming up next, in the sixth Heinlein Friday.

Friday, July 7, 2006

To do: World Cup, and Heinlein Friday
Just like last week ("Pending Post: Heinlein Friday & Superman"), I'm choosing not to publish this week's HF before I head off to work in the morning. But, here's a preview.

I've been talking about "Jerry Was a Man" for the last three weeks, in the Superman, Aliens / Combatants, and Courts posts. That story's time has come, its day in the sun is here.

(Hey, why not? After all, It's Always Sunny In Philadelphia....) (FX official site; Wikipedia entry). [That new tv show, by the way,


Right, end of digression. Oops, just one more: anybody heard anything good about Pirates of the Caribbean: Dead Man's Chest? I did so like Jack Sparrow (channeled portrayed - or is it perpetrated? - ably by Johnny Depp, one of my handful of favorite male actors) but the current movie's getting mediocre reviews at best, unlike its predecessor. So many p's.

Back to the subject: HF

Last week's HF had me looking outside of Heinlein's work to shed light on what he was doing, and whether it was successful. This week, I'm back to focusing on his writing as my main source material. "Jerry Was a Man" is a 1947 short story, collected in Assignment In Eternity, and although there are some (to me, today) inexplicable words or phrases, most of the story has aged quite well in 53 years. It's timely, even, in part. But if the racial and sexual politics (and sensibilities) have changed, have the scientific ones? Maybe. Possibly not. We have 50 more years of genetic modification, of experience with the nuclear age [if it's proper to describe the End of Innocence as if it were an Age, of Steam or of Information (aside - which last we are assuredly in, even as most new American jobs continue to be in the service industries, and the professions, rather than in dealing with "pure" information)... nested parenthesis problem... perhaps a ']' would help. ]. The world is older and not necessarily wiser. People are much the same. And Jerry? Is he a Man? We'll open it up, later today. You have about 10 hours to submit comments or questions, and then the post is up. Of course, since it's a blog, unlike a newspaper, I can then make corrections/ additions/ emendations to the piece - that's why I consider every post to be New, for purposes of discussion. Heinlein doesn't go stale - or any staler than he already is.

So if you see anything in any of the HF series (full list at the bottom of any HF post), leave a comment (until the comment period expires - and I may extend them) or drop an e-mail. This is my forum, and I'm inviting your reactions.

Next topic: the 2006 FIFA World Cup in Germany

The greatest single-sport athletic event the world has to offer is nearly at an end, to return in another four years. Several countries have distinguished themselves. A greater number did not. A few embarassed themselves - or were humiliated by others. Brazil, which had so effortlessly cruised over lesser teams, bowed out ignominiously, not even making it to the semifinals. Finishing below the top four, when you are defending champs (2002, hosted in Korean/Japan) and have won outright many times, is a major fall.

The last non-Brazil winner, France, won in 1998, and will be playing in the finals this Sunday, at 1:30 p.m. eastern time, against Italy, which has a long history with the finals. I remember watching Baggio in 1994, when Italy last made it to the finals, losing on penalty kicks. A sad end, and not the best way to decide a soccer game, if I had it to design over again. I stopped watching games in this tournament when they went to PKs. That's why I was so glad Italy beat Germany in the final seconds - scoring twice at the end of the second period of (non-sudden death, aka "No Golden Goal") overtime, in the 119th minute overall, and at 120 + 1 minute of injury time, only a minute or so before the final whistle.

I'd have loved to see a German home final. I'd also have loved to see Portugal (an underdog favorite for me since their defeat of Mexico in the opening round) in the final, but it was not to be; they had opportunities but could not convert. For that matter, a Germany/ Argentina final would have given me a chance to make lots of Fascist jokes, which would apparently get me arrested in Germany. Freedom and democracy, at the cost of limited freedom of speech. A suspicious proposition, in my view. Portugal/ Brazil, had it happened, would have been a "former colony/ former colonialist" match, and would also have been an opportunity for interesting social commentary beyond the match itself.

The Third Place match, between the losers of the semifinal matches, will be played by Germany and Portugal at 3 pm EDT on July 8th, tomorrow, Saturday.

Next World Cup, in South Africa, we'll see who has stepped up and who can't handle the stiff competition.

As a side note, Jots seems to be performing quite poorly. I may have to migrate from Jots to del.icio.us, which has an inferior interface (but if it works, that's necessarily a better interface), or switch to something else entirely. BlogSpot has a Blog post feature; I may check that out. (Free *is* a good price). Or I may try Tags.

And that's all, until later today.