This and That (New Year’s Edition)
Happy New Year to you! Here’s hoping 2012 brings us all peace and joy.

As the traumatic year 2011 wound down in Japan, there were any number of notable music events. Rock veterans Moonriders ended their thirty-five year run with a rooftop concert in Shinjuku, holding the Beatles’ legendary “Let It Be” rooftop performance in London very much in mind. Leader Suzuki Keiichi even ended the set by asking, ala John Lennon, if the group had passed the audition. Here’s a nice Japanese-language report, complete with photographs, from the Asahi newspaper.
As always, we welcomed in the new year by watching NHK’s annual musical extravaganza, “Kohaku Uta Gassen.” Among the highlights in my mind were Shiina Ringo’s set (“Carnation” and “Onna no ko wa dare demo”); the borderline political remarks by the all-star indies rock combo Inawashirokos, who before performing their “I Love You & I Need You Fukushima” declared that “nothing is finished yet,” obliquely referring to Prime Minister Noda’s mendacious declaration a couple of weeks earlier that the nuclear disaster was now under control; and Nagabuchi Tsuyoshi’s chilling performance in a live remote from the playground of a devastated school in Ishinomaki, Miyagi Prefecture. Tendo Yoshimi turned in a nice Misora Hibari tribute, as well, while the K-Pop representatives (KARA and Shojo Jidai) acquitted themselves nicely. Lady Gaga contributed video of a nifty performance from New York. Here’s the full line-up of performers from the show.

Over the break, we were also able to watch the DVD I picked up in Sendai last month of Kuwata Keisuke’s remarkable September 10 and 11 concerts in Sendai. The shows were held in the Sekisui Heim Super Arena–a facility that served for several months as an emergency morgue for victims of the March 11 tsunami. Kuwata chose to come to Tohoku to launch his first national tour since receiving cancer treatment, and it is clear from the DVD that the concerts were cathartic experiences for both performers and audience. Proceeds from the DVD will be donated to the Japan Red Cross.
Let me leave you with the promotional video for Inawashirokos’s charity single, “I Love You & I Need Your Fukushima,” featuring 47 famous actors and actresses (one from each of Japan’s 47 prefectures) singing along with the band in a message of support for the stricken prefecture. What a year it was….
idarity/
Sayonara, Dear Reader
It’s time to move on, methinks. I’ve been doing this blog in one form or another for nearly seven years. It is possible, of course, that I’ll resume blogging at some point in the future, but for now it’s time to try other pastures.
The original appeal to me in blogging was the opportunity to engage in the pleasures of purposefully purposeless writing–to string together and polish up sentences for the sheer enjoyment of doing it. Putting the results out there in public brought a measure of discipline to the proceedings: it made me want to write as well as I could do. I’ll still engage in the playful stringing of words together, but it will be in other sorts of venues.
I don’t much like Twitter (@sayonaraamerika), since their 140 character limit doesn’t allow for much in the way of creative composition. But I’ll still use that account to announce new publications, etc., if you want to keep track of what I’m up to. I’ll also still maintain my homepage (www.bourdaghs.com).
I’ll keep the existing blog contents on-line for a few more weeks. Then, at some mysterious moment early in 2011, they will disappear from the Internet. My sincere thanks to all who have stopped by to read this over the years. I hope our paths cross again in other realms.
Music Sans Guitar
I’m feeling gorged in contemporary music that eschews the guitar. There is, for starters, the brilliant British charity holiday single by “Cage Against the Machine,” an all-star assemblage of performers gathered in one studio to record an epic cover version of John Cage’s 4’33″ (you know, the one that is 4 minutes and 33 seconds of silence). It’s all designed to derail the evil Simon Cowell’s vice-grip on the annual competition to top the UK pop charts at Yuletide. It’s been quite successful, and now the inevitable remix versions are available, too. The Guardian has the story here.
Then there is “Kiss Kiss Kiss,” a great new track by Chicago hiphop diva Kid Sister. Scheduled for official release early next year, the song’s been leaked and is available all over the Internet now — including here. Not a guitar in sight: voices, percussion (most of it seemingly synthetic), and a few electronic effects are all you need to produce a very catchy piece of music.
Finally, there are the Agitators, a new band that is emerging as one of the musical voices of the ongoing British student rebellion. They’ve released a couple of singles and have appeared live at several campus protests. The Guardian has a nice feature on the band, which boasts a strict “no guitars” policy. Three voices and drums, and that’s it. “A new kind of music, nothing more than banging, stamping, clapping and voices,” they declare, “something anyone could do anywhere – on a march, at a protest, on the barricades.”
I pick up my guitar and play,
Just like yesterday,
Then I get on my knees and pray,
We won’t get fooled again.
We’re tired of doin’ nothing,
Let’s start marching
Moneyball and the Limits of Managerial Science
I’ve finally gotten around to reading Moneyball, Michael Lewis’ now-classic 2003 portrait of Oakland A’s general manager Billy Beane. A decade ago Beane led the statistical revolution in contemporary Major League baseball, using computers, the Internet, and statistics to identify sources of talent that were undervalued by traditional baseball wisdom (meaning, primarily, the collective wisdom of scouts) and thereby helping the A’s to consistently field teams that were competitive despite low payrolls.
Beane clearly is a terrific general manager, and the book on the whole offers a good read. But there is also something troubling about it, something I’ll try to put my finger on here. The book identifies Bill James as the heroic pioneer of the new knowledge that Beane exploited, but it seems to me there is a decisive difference between James’ approach to the game and that of Beane and Lewis–a qualitative change in the nature of our enjoyment of baseball. For James in his classic Baseball Abstracts from the 1980s (I was an avid reader from 1983 on), statistics were a tool for identifying more precisely what made Joe Morgan or George Brett such invaluable figures: his focus was on the marvelous skills that major leaguers brandish on the field.
James was interested in fun, while Lewis’ Beane is interested in power–and I don’t mean slugging average. For Beane and Lewis, statistics are weapons to shift power to the general manager. In their version of baseball, the heroes no longer wear spikes on the diamond; instead, they wear cuff links in the front office. You see this new focus in the explosive popularity of fantasy baseball games (which I enjoy as much as anyone), in which participants take pleasure in imagining themselves not as the batter at the plate in the bottom of the ninth with two outs, but rather as a general manager trying to cobble together the best possible roster on a limited budget. The language used in recent editions of Baseball Prospectus (the annual publication that has largely replaced James’ Abstracts) reflects this: veteran players are perceived as suspect malingerers who want only to eat up too much salary.
In Moneyball, this shift is rendered explicit. Lewis quotes A’s executive Sandy Alderson, the man who hired Beane as GM, as saying “What Billy figured out at some point…is that he wanted to be me more than he wanted to be Jose Canseco.” Alderson, according to Lewis, wanted to “concentrate unprecedented powers in the hands of a general manager,” a stance Lewis describes as “rational.” It requires (in Alderson’s words) shedding “player-type prejudices” (pp. 62-63).
This isn’t just a question limited to baseball, I think. Moneyball crystallizes the celebration of what is sometimes called managerial science, a new branch of knowledge. Again, Lewis is explicit on this: the revolution he describes
…set the table for geeks to rush in and take over the general management of the game. Everywhere one turned in competitive markets, technology was offering the people who understood it an edge. What was happening to capitalism should have happened to baseball: the technical man with his analytical magic should have risen to prominence in in baseball management, just as he was rising to prominence on, say, Wall Street. (p. 88)
The essence: an outsider comes in and radically devalues the forms of specialized knowledge accrued by veteran insiders, reshuffles the deck, and thereby improves the bottom line.
Don’t get me wrong: I recognize that this sometimes works. An outsider’s perspective often provides a valuable rethinking of the way things are done in a given field. Some of the greatest breakthroughs in history arose when someone crossed a boundary and transported knowledge developed in one sphere and applied it in a novel manner in a foreign discipline or field.
It can also, however, lead to disaster. The trainwreck that is the Chicago Tribune arriving on my doorstep each morning provides ample evidence of that. Non-journalist managers have destroyed the paper (and the even better Los Angeles Times) by focusing on their outsider’s version of “the bottom line.” George W. Bush, the “Decider,” is another exemplar and proponent of this version of managerial science. Disasters such as the Iraq War, the Katrina bungle, and the banking meltdown are in large measure products of this version of managerial science. Still to come: radical climate change. In each case, the knowledge accrued by specialized experts over decades was disregarded by managers. We increasingly see this same tendency in education at all levels in the U.S.: managers are brought in from outside to improve “the bottom line,” and they proceed by radically devaluing the knowledge produced within the field over decades.
Often, the error comes in the assumption that the new manager knows better than anyone else what the bottom line is. The bottom line for a baseball fan is, I think, enjoyment. The new approach Lewis champions provides its version of enjoyment, but at the expense of other kinds. In sum, the increasing stress on the power of quantitative knowledge is producing a qualitative change in our experience of the game. We see this change in fans, I think: the quality of watching a game at Wrigley Field today is quite different from what it was when I first visited the park in 1984, and the changes has little to do with the lights (another brilliant “innovation” courtesy of the Chicago Tribune Corporation). In 1984 the thought of booing the Cubs was absurd; it is a regular occurrence nowadays.
This also relates to the increasing dominance of the financial sector in our world. Again, Lewis is quite explicit on this. He describes Beane’s sense of triumph when he acquired Nick Swisher in the 2002 amateur draft:
There’s a new thrust about him, an unabridged expression on his face. He was a bond trader, who had made a killing in the morning and entered the afternoon free of fear. Feeling greedy. Certain that the fear in the market would present him with even more opportunities to exploit….Like any good bond trader, he loves making decisions. The quicker the better. (p. 113)
Again we see a new species of hero being manufactured here, one with an “unabridged expression on his face,” whatever the hell that means. Other kinds of heroes are, of course, being displaced: the “fat scout,” for example, who is driven away with his outmoded knowledge (p. 118).
What’s striking in Moneyball is that the book unconsciously presents a counterargument to its own thesis. Billy Beane’s rise as a general manager is in fact due to the experience he acquired as a (largely failed) major league prospect. The book narrates this as a prime instance of the failings of the “old” knowledge it aims to devalue, but it is Beane’s experience on the field that opened his eyes to the value of certain statistics. The book downplays the ways in which Beane’s knowledge is acquired the old-fashioned way: through hard work on the baseball diamond and the acquisition of “player-type biases.” He wasn’t just a geek with a computer.
The value of so-called managerial science is the opportunity it provides to recognize the limits of existing forms of knowledge. Its disasters come likewise when it fails to recognize the existence of its own limits. Sometimes, the “bottom line” isn’t as clear cut as Lewis and his ilk believe. It’s often more enjoyable to be a fan of a losing team than it is to cheer on a championship club. Why? Because it’s fun.
[Postscript (2 December 2010): I've now read a bit more of the book, and the early hints at giddy celebration of finance capitalism have grown even more explicit. It's almost quaint today to read passages such as the following, celebrating the scientific overcoming of risk by the managerial wizards who invented arcane derivatives: "The fantastic sums of money hauled in by the sophisticated traders transformed the culture on Wall Street, and made quantitative analysis, as opposed to gut feel, the respectable way to go about making bets in the market. The chief economic consequence of the creation of derivative securities was to price risk more accurately, and distribute it more efficiently, than ever before in the long, risk-obsessed history of financial man" (p. 130) That old "fat scout" sounds better and better with each page I read....]
What They Don’t Tell You….
I’m now reading a book I’ve been curious about for more than a decade, Cornel West’s The American Evasion of Philosophy: A Genealogy of Pragmatism. I’m up to the chapter on John Dewey now and was interested to learn the history of the University of Chicago Lab School, where my son graduated from high school last year and where my daughter still goes today. We’re justly proud of the school, and we love to point out that it was founded by the great educational philosopher Dewey as part of his mission to transform philosophy into a form of radical democratic practice.
From West’s fine book, I also learned the part of the story that usually gets left out when it gets related here in Hyde Park:
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Unfortunately, Dewey himself failed to articulate a plan for social reform to which his progressive schools could specifically contribute. He was aware that schools by themselves could not bear the weight of a full-fledged reform of society; yet he also knew that the schools themselves were ideologically contested terrain, always worth fighting for and over. And in 1904 Dewey’s school came to an end after a series of mergers and the subtle dismissal of Dewey’s wife from its principalship by University of Chicago president William Rainey Harper. Dewey immediately resigned from the university. Luckily, Columbia University moved quickly and financed a new chair in philosophy for him. And the luck was American pragmatism’s too, for it was in New York City, and maybe it had to be there, that Dewey emerged as a world-historical figure. (p. 85)
Maybe It’s Not All Bad….
For the most part, I accept the thesis — argued, for example, by Nicholas Carr (thanks for the link, Linda) — that the Internet is making us all stupid and asocial. On my visit to Japan a couple of months ago, a friend put her finger precisely on why reading text on a computer screen is less satisfying than reading a book: when we pursue virtual reading, we enter into the same mental frame as when we watch television.
And yet, and yet…. This afternoon in my office on campus, I took a break from stultifying end-of-the-year administrative work to watch the second half of the Uruguay-France World Cup match being streamed live by ESPN. A so-so game (Uruguay’s defense was the highlight, and you know how exciting defensive soccer can be), I was still thrilled to be watching it in my office, thanks to the Internet.
The first World Cup I followed was in 1978, well before the rise of the Internet or even cable television. As I recall, that year only the final championship game was shown on American television–and at a taped delay, at that. During the 1982 tournament, I was luckier: I was doing the backpack-through-Europe thing and watched games at pubs, youth hostels and train stations across the continent. I was in Frankfort staying with cousins for the final match between Italy and West Germany, and I remember all the Gastarbeiter waiters and janitors from Italy exploding onto the streets of Frankfort to celebrate their team’s win–and to rub it in the faces of their employers.
In subsequent tournaments, cable television kicked in, giving us futbol-ignorant Americans better and better access each time around. Now we get it streamed live over the Internet so that we can watch it in the office, on trains, in coffee shops.
Perhaps not all change is completely bad. Maybe stupidity and alienation are a small price to pay. I’ll have to mull on those thoughts a while longer, if my Internet-addled brain can hold the problem in focus long enough. In the meanwhile, I’ll be setting my alarm clock to get up early tomorrow morning to watch South Korea play Greece, followed by the U.S. taking on England for the first time since the great 1950 upset match, still the greatest moment in American soccer history.
All I Know is What I Read in the Papers
There was an amusing editorial cartoon in the Chicago Tribune this past weekend by Scott Stantis. A mother sits at the breakfast table, reading the newspaper, and announces to her two children that the Post Office might stop delivering letters on Saturday. Her son, busy at his laptop, asks, “What’s a letter?” Her daughter, texting on her cellphone, tops this by asking, “What’s a newspaper?”
The state of the newspaper industry in Japan isn’t quite so grim as in America, but the numbers are still tumbling. The hard-right Sankei newspaper is taking the biggest hit, report Peter Alford and David McNeill in a very interesting article up this week at The Asia-Pacific Journal: Japan Focus. Daily circulation figures for Japan’s major newspapers still dwarf those in other countries.
Slowly, however, the gravity-defying circulations appear to be heading for earth. ABC statistics on the main morning-edition circulation for 2006 to 2009 show that every Japanese newspaper recorded a loss of sales, except the business-oriented Nikkei. In relative terms, the declines are tiny: the world’s best-selling newspaper, the conservative Yomiuri is down from 10,042,075 to 10,018,117; the liberal-left Asahi from 8,093,885 to 8,031,579; the liberal Mainichi has taken a more substantial hit, from just under 4 million to 3.8 million. The Nikkei is up slightly from 3,034,481 to 3,052,929. Perhaps more indicative, and worrying, for the industry is the sharp drop in advertising revenues: from one trillion yen in 2007 to an estimated 600 billion in 2009, a year in which online advertisements continued to grow.
Those same newspapers are reporting just now (so far Japanese-language only, but I’m sure the English papers will be carrying this in a few hours) that film director Kitano Takeshi has just been awarded France’s highest cultural honor. This all coincides with a film festival and art show in Paris featuring his works.
Summer Memories….
I graduated from high school in the summer of 1979. It was a private prep academy that I attended on a full scholarship: we were on various forms of public assistance during my teens, and my mother could never have afforded tuition. Primarily because of my sense of humor, my classmates elected me as the class speaker for our graduation ceremony. They expected a funny talk, but I was feeling rebellious. After four years of frustration over the elitism, status hierarchies, and general smugness of the local ruling class, I decided to let the school have it in my speech.
In my own narcissistic mind, this made me quite the heroic figure. Apparently, not everyone agreed. For starters, the speech didn’t make me very popular with school administrators or teachers (they launched a new policy requiring prior review of graduation speech texts the following year), and it angered a number of my classmates as well. But there were at least a few people who believed I’d gotten it right.
I met one of those at a party a few nights later. I’d arrived that evening with a couple of buddies, and we all immediately noticed an incredibly beautiful woman there, someone none of us had ever seen before. She was so attractive that we all sat around trying to figure out who she was: there seemed no point in talking about anything else. Someone said she was a friend of one of our classmates.
I was astonished a few minutes later when this angelic figure walked up to me and told me she had heard my speech and admired the way I had spoken truth to power. She introduced herself as Darcy Pohland, and to my great joy (and to my friends’ envy) we spent the rest of that evening talking. She gave me her phone number and we arranged to meet up again the following evening.
I was smitten. We quickly tumbled into a summertime romance. From the start, Darcy and I were utterly mismatched: she grew up in a well-to-do suburb and I in a working-class city neighborhood, she drove her own shiny red sportscar, whereas my family shared an old clunker–and in fact for stretches of my teen years we had no car at all. I was into underground punk rock, while her favorite band was the Doobie Brothers. I mean, come on: the Doobie Brothers?
But she was also overflowing with vivacity, intellectual curiosity, and a hunger for life. She had a role in a community theater production of “South Pacific” that summer, and I used to pick her up after rehearsals for a late night snack. I also remember taking her to a Minnesota Kicks soccer game out at Metropolitan Stadium and feeling more than a little jealous when every jock partying in the parking lot seemed to know Darcy.
It lasted maybe five or six weeks. I wanted a more serious relationship and she wasn’t ready for that. I left town on a road trip with friends through the western U.S. and when I returned to Minnesota in late July Darcy and I were finished as an item.
I never saw her again in person after that. I heard a few years later from a friend of a friend that she’d had a terrible accident: she’d mistakenly dived into the shallow end of a swimming pool and broken her neck. She would remain a paraplegic for life. How sad, I thought.
But then, a dozen or so years after that, I was up in Minnesota watching the channel 4 news when who should appear but Darcy Pohland. Despite the challenge of life in a wheelchair, she’d made it as a television reporter. Over the decade that followed, I’d see her news reports from time to time when I was back home, and from the way her on-air colleagues and interview subjects treated her, it was obvious that she’d earned tremendous respect. Through sheer determination, she’d managed to build a happy ending out of what could have been a tragic story.
I learned Friday morning that Darcy had passed away unexpectedly in Minnesota. The comments sections from the on-line newspaper reports are overflowing with affectionate tributes and show the love she’d earned from people across Minnesota.
My memories of that summer of 1979, those first months after high school graduation, come tinged with a shimmering glow, and Darcy is a part of that. Summertime, and the living’s easy…. The warm nostalgic feeling that now surrounds those memories helps ease the fact that in them I am also confronting my own mortality. I have one more thing to thank Darcy for: she became one of the models for the main female character in “Sister Carrie,” a short story I published many years ago.
Rest in peace.
[Postscript: WCCO-TV has now posted a nice story about Darcy Pohland's high school days. Video here.]
He Keeps On Rollin’
In my freshman seminar on travel literature this past Thursday, we were discussing Jack Kerouac’s On the Road. We talked about the complexity of certain phrases or images in the book, how they take on multiple, often contradictory, meanings as the narrative progresses. For example, we looked at the meanings assigned to the Mississippi River, which Sal and Dean cross several times during the course of their travels. It is positioned simultaneously as that which both links and divides East from West in the spiritual and cultural geography of the book.
Then yesterday I was on an airplane flying from Chicago to Minneapolis. For a paper I’m writing on early Cold War culture, I was re-reading Lionel Trilling’s classic 1950 study of American literature, The Liberal Imagination. In his chapter on Mark Twain, he writes about the Mississippi, about how its brown, muddy presence functioned as something god-like in Twain’s imagination, a divine and sometimes vengeful presence that embodied the pure, natural power that Twain believed ruled in America prior to the high capitalism and corrupting influence of money that held sway after the Civil War. The antebellum Mississippi, Trilling writes, was a road that moved you, one that would crush you if you weren’t properly respectful of it.
As I was reading Trilling, the pilot announced that we were beginning our descent into Minneapolis-St. Paul. I looked up from my book to glance out the window and there it was: the Mississippi River. Of course it was white, flat and immobile now, a snowy ribbon twisting its way across southern Minnesota.
I’m up in Minnesota because we’re in the process of selling my mother’s house. It’s a trip full of various emotions. I write these words in the kitchen of the place I’ve called “home” since 1969, but it’s the last time I’ll be here. When we first moved in back when I was a third grader, we discovered to our delight that we were within walking distance of the Mississippi. As a grade schooler, I used to hike down to collect fossils from the limestone banks above the water. As a high school and college student, I used to pass evenings with friends down at the river’s edge, building bonfires and watching the barges slowly drift past. More recently, I’ve taken my own children with their grandparents down to the waterfront for picnics and to skip rocks across the river surface.
Change is bad. Luckily, the Mississippi has figured out a way around all of that.
God Save the (Cultural) Village Green
A few years back, as part of an ongoing project to rethink the works of novelist Natsume Soseki (1867-1916) in relation to the rise of modern regimes of property ownership, I wrote an article on him in relation to Mizuno Rentaro (1868-1949), chief architect of Japanese’s 1899 copyright law, a legal code that remained in effect — albeit with amendments — until 1970.
Under that law Soseki’s copyrights expired in the 1940s and his works entered the public domain. But in 1979, when Readers Digest Japan advertised a new series it was publishing that reproduced first editions of Soseki’s works, it found itself the target of multiple lawsuits filed by various publishing houses and other parties. The plaintiffs claimed that they held intellectual property rights in the physical appearance of those first editions. In essence, a moral right of authorship was being asserted for the acts of typesetting and printing of a book. As a result of out-of-court settlements in the Readers Digest Japan case, a new “right of reproduction” became standard in the Japanese publishing world. In a move the current U.S. Supreme Court would no doubt beam down upon with approval, the locus of the creative, original mental labor that was the original justification for copyright protection was shifted away from the personality of the author and onto the act of investment of the publishing house. Capital was granted the status of moral personality.
In a depressingly similar move, this week the NFL claimed ownership over the “Who Dat?” slogan used by fans of the New Orleans Saints football team. Though the phrase has a long history preceding the 1988 trademark registration filed by the team, the NFL is claiming exclusive authorship privileges and threatening to sue anyone who uses the phrase without permission. The NFL claim rests on very shaky legal ground; in fact, another business registered a trademark on the phrase several years before the Saints did, and the phrase has been in popular circulation for more than a century. But few small businesses or individuals have the financial capacity to engage in a court battle with a huge corporation like the NFL when it mounts this sort of intellectual enclosure.
This sort of situation is increasingly common in trademark law. Trademark originally was supposed to pertain only to specific, denoted meanings of a phrase, but increasingly legal decisions are expanding its domain to include secondary connoted meanings produced in the public commons by anonymous users of the phrase. Hence, McDonalds Corporation, for example, has claimed to own the nickname “Mickey D’s.” As legal scholar Rosemary Coombe notes:
The trademark owner is invested with authorship and paternity; seen to invest ‘sweat of the brow’ to ‘create’ value in a mark, he is then legitimately able to ‘reap what he has sown.’ The imaginations of consumers become the field in which the owner sows his seed—a receptive and nurturing space for parturition—but consumers are not acknowledged as active and generative agents in the procreation of meaning. The generation of new, alternative, or negative connotations are ignored, denied, or prohibited because patrilineal rights of property are recognized as exclusive: no joint custody arrangements will be countenanced.
(Coombe, The Cultural Life of Intellectual Properties: Authorship, Appropriation and the Law. Duke University Press, 1998, p. 71)
The author may be dead in literary studies, as we focus more on the dialogic process by which meaning is produced through the relationships between author, text, and the community of readers. But in trademark law, the High Romantic version of the Author as the seminal source of all Meaning remains alive–or, more accurately, undead, a kind of zombie creature that lives on by sucking the living blood of readers and, now, of football fans.
It’s another instance of what scholars like Kembrew McLeod (the man who trademarked the phrase “Freedom of Expression”) and James Boyle have attacked as the contemporary equivalent to the enclosure of public commons land during early capitalism. It’s depressing to watch Japan in recent years follow the lead of the U.S. (which in turn is following the lead primarily of the motion picture and television industry) and propose extending the length of copyright protection to seventy years. I’m not opposed to copyright per se, but we are seeing an alarming destruction of the public domain, assaults on the notion of fair use, and a general attempt to transform into private capital the cultural and intellectual discourse that by its nature must be shared in common.
