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Monthly Archive for October, 2008

cyberone: tenenbaum v. riaa

we are moving to quash the riaa’s subpoena to joel’s little sister for cd’s joel has burned and given her. we are moving to quash under the FRCP 45 on the ground that the request is unduly burdensome and because the requested materials are not relevant (or at lease have not been argued as relevant) to any claims advanced by the parties.

we, matt sanchez and i and others who join us, will do our best to oppose all further burdens upon joel and his family imposed by riaa on grounds that the abuse already imposed makes any further burden undue.


who is better on copyright – mccain or biden

An Open Letter to the Community … and the McCain Campaign

Back in June, Presidential Candidate John McCain led the internet policy debate by offering to use the gold standard in search to help him find his ideal running mate: Google. His search must have turned up the YouTube videos of Ms. Palin’s former beauty pageant days or the latest new media because just a few weeks later, McCain double-clicked on the Alaskan Governor – and a Saturday Night Live imposter Tina Fey – to complete the Republican ticket.

But since then, McCain’s stance on internet policy has stood in the overcast shadow of Obama’s all-star team of prominent technology advisors. Sure, he has more clearly defined his technology policies than any other candidate (See And sure he is a stanch supporter of net neutrality, and intelligent programs for increasing technology education and access to children.

But I was disappointed by a Berkman Center event last week speaking to the uncertain future of the open net that featured an Obama Advisor on a panel that failed to even acknowledge a second presidential candidate until the waning moments of the meeting.

So what if Google’s CEO is now campaigning for Obama? (see

I would like to level the playing field by offering my services as internet advisor to McCain.

I would like to speak to the audience of the Berkman Center, to Barack Obama and his supporters, and the John McCain and his. As John McCain’s Internet Advisor I advise to support in your platform the Wheeler Declaration – The_Wheeler_Declaration

built on the freerice plan

and who is better on copyright, mccain or biden, and don’t tell me that’s irrelevant. my students want to know.


jimmy wales has challenged us

come up with another great architecture for open knowledge open net
simply be serious about what we are doing
look here
free rice is a model that is working
how about starting right here
see if martha minow will join outreach to teachers
write a page in answer to the question
how does free rice connect with the mission of the berkman center
ask john palfrey
ask rosalie barnes

go to the question tool this morning
ask zittrain

active question

i attended a berkman center evening last night with a panel zittrain moderated, jenny toomey introducing for the ford foundation, speaking to the uncertain future of the open net. center on the panel was alec moss, an out and out obama booster. took a while to register but right at the end it hit me hard. something is wrong with this picture. this meeting has become a booster rally for obama. to the question tool i went in the waning moments of the meeting, back channel to others in the room online, and watched the votes to advance the question push to 5. zittrain must have felt the vibe though he didn’t see the question. he put up a mccain page on the screen. too little too late.

i would like to adjust the balance of the event by offering my services as internet advisor to mccain. i may be just enough maverick for him.


who gives a shit

it is of necessity we doubt ourselves
our sense of self but an inference
how well we wrestle with doubt about ourselves
a measure of our courage and understanding

Now is a critical moment for defining and reinforcing the best features of our communications platforms. What do we value about the internet?

i value the ability to go anywhere, get anything free, some things for a fee. that makes sense to the kid who has no money and no norm not to click, and makes sense to me

and what should be the focus of the next administration?

open access on the process side
open education on the substance

blown to bits an example of a harvard course about the net that should be open on the net to all who want to learn about it
ws211390more of same