I had been working up a draft on the recent ARRA and the bullshit definition of “bipartisan” that some of our legislators have imagined up, but it seems like Scalzi has done it for me, and better than I could myself.

Suffice to say I disagree with the current “you’re only bipartisan if you do it our way” mindset, but I’ll let you read for yourself.

Oh Noes! He’s Talking Politics Again!

As for my thoughts on the ARRA? Ya, it sucks. I hate that we have to spend all that debt to undo this cluster fuck of an economy, but guess what: we do. For my two cents, I think President Obama and congressional leaders have done a good job of making a relatively focussed bill that will at worst stop the bleeding until the economy can get moving in the right direction. Having a father and a wife who both work for the state, I know there are more than a few people around here relieved that budget cuts and layoffs might not be as severe as they once were sure to be.

I’m also a big fan of the transparency effort associated with this bill. Whatever it’s flaws, the new recovery.gov site is light years ahead of anything any other sitting president could, would or had done. The potential for bullshit is there, and sceptics should remain at the ready, but the very fact that it exists is to be lauded.

I’ve been somewhat critical of Twitter in the past and their occasional lack of ability to handle the demand for their service, but as this post states they endured a 900% increase in user base and came out smelling like roses.

A lot of times when we’re strategizing we say something to the effect of “that’s a good problem to have” but seldom do we think of the actual nightmare associated with managing the growth that we dream of. I can hardly think of any service or company that could survive 900% annual growth without a few hiccups and the fact that even power users only had to deal with mild annoyance is a testament to the hard work and great minds making things happen at Twitter.

I hate it when they do down, and spoiled as I am I hate it when there are delays during big events (Super Bowl, election, inauguration, etc) but my hat’s off, way off, to those that keep those hiccups from turning into flaming piles of poo.

My dad sent me a link to this article from the EFF in which they are trying to vilify Apple for protecting their intellectual property rights. The EFF has filed a claim with the US Copyright office trying to get an exception granted to the DMCA that would make it legal for people to jailbreak their iPhone and violate the EULA that they freely entered into when they activated said phone. Apple is contesting their exemption request (note: this is very different than threatening to take individuals who jailbreak their phone to court, RIAA-style) stating that they are well withing their rights to protect their intellectual property in any manner formally agreed to between them and the people who license said IP.

Keyword there, folks. License.

You may own your iPhone, just like you own your other hardware, but you license the software on it. When you install or activate that software, you enter into an End User License Agreement, by your own volition and without coercion, and are then bound by the terms of the agreement, just like any other contract.  Even open source software, which the EFF loves like the Virgin Child, has legal restrictions on it, albeit looser ones by comparison.

The EFF seems to think that people should be allowed to enter into a legal agreement and then for some reason, that they don’t seem to want to explain, should be allowed to violate that agreement just because doing so would allow people to do “really cool shit.” An agreement that is entered into freely, without coercion or duress and violates no existing laws or statutes is a legally binding agreement. Period.

Now last I checked my iPhone didn’t magically meld to my hand the moment I clicked the “I agree” button. I was free to read the EULA and not agree to it and return my phone. I am free to determine now, after the fact, that the terms of the EULA are too restrictive for my taste and ditch my iPhone for a less restricted device. I am free to call bullshit on the EULA to anyone who will listen. What I am not free to do is violate the terms of the agreement I entered into without the consent of all involved parties. I almost got a D in Business Law and even I know that (maybe the EFF will hire me).

To cap it off, they revisit the very tired “modifying your engine” metaphor that has been defeated over and over. Yes, if you own your car you can do whatever the hell you like to it, stupid or dangerous as it may be. If you are leasing it, or it is financed and actually owned by the bank your rights are a little different though, aren’t they? Can you get a nice flame job on that Altima you’re leasing and then just turn it back in at the end of your lease without rebuke? Don’t bother looking that one up; the answer is ‘no’. The metaphor is defeated as simply as this: you don’t own your OS and you don’t have rights to modify it if you have explicitely agreed not to do so. And yet, nobody complains about not being able to get the flame job on their Altima.

When you jailbreak your iPhone you willfully violate the terms of the agreement you entered and you have no legal right to do so. Apple is 100% justified in trying to legally preserve the sanctity of that agreement and the fact that the EFF is trying to nullify it is, legally speaking, reprehensible, regardless of their motives.

Of course, having said all that, most modern EULAs, including the iPhones, are a pile of horse shit, but that’s another post. Last I checked they don’t sell phones to todlers. We’re all big boys and girls. If you don’t like the terms of the agreement, don’t agree to them. If you agree to them, adhere to them.

You know there’s a war. You know you are on the battle field. But the explosions make no sense. The losses can’t be defined or even described. You are just stunned. Huddled on the ground not caring what is happening but hoping it will end and that when it’s over you will still be alive.

One of these days I am going to take a sick day, but follow my normal routine. I’m going to wake up, get dressed, take Steph to work and drop Linnea off at daycare, and go to starbucks. Then, at 8:45. like I do every day I am going to look up at my book and say “fuck, I gotta go” and then blissfully realize that I actually don’t and keep reading.

I’ll keep reading as long as I want, fleecing them out of as many free refills as I can, until it’s time for some lunch. Switching from stimulants to depressants I’ll have a few beers and the best burger I can muster before heading over to the movies to watch something Steph would hate.

After that I’d probably head back over the starbucks for some more coffee and read some more until I get Steph and Lineea for a nice dinner.