Monday

CoH players, rejoice!

City of Heroes is about to get its own monthly comic book series. Now, I know that subscribers currently get a City of Heroes comic, but apparently that just wasn't enough for Cryptic and NCsoft. Now comic book fans who have been leery of paying the subscription fee and playing CoH themselves will have an introduction to the game. And current subscribers will get the new Top Cow comic with their monthly subscription to the game.
So, after hearing a friend discuss the current comic book ("It's really not very good"), maybe now he'll get a little more for his monthly service fee.

Friday

So now do I have to buy an Xbox?

Xbox's RPG selection has been a little thin, with a few notable exceptions (such as BioWare's Knights of the Old Republic, and the upcoming Jade Empire). But that may be set to change with this latest development.

Microsoft just hired Hironobu Sakaguchi, creator of Final Fantasy. I'd heard he had left Square to go out on his own, but I never imagined he'd be assimilated into the Great Microsoft Empire ©.

Remembering that competition is a good thing, here's hoping he shows those young pups he left back at Square how it's done.

Phew!

Glad I got that last post out of my system, but it's obvious that I need a system that allows for extended posts.

I'm late to this party...

And I can't bring beer, because I'm a Mormon.

As INCREDIBLY busy as I have been lately, it wasn't until today that I found out about the new book by Martha Nibley Beck, recently sponsored by O magazine.

First, let me be absolutely clear that I have not read the book, and am working from news articles and the responses of others. Particularly here. Apparently, in the book, Ms. Beck accuses her father (a well-respected LDS scholar who passed away earlier today) of having sexually abused her when she was about five years old. These accusations stem from "recovered memories" - memories that have been brought back to the surface through hypnosis.

Now, I have a B.Sc. in Psychology, and I'm going to law school, as a result of which, I know a little something about the reliability of statements made under hypnosis.

Hypnosis, almost by definition, is a state where a person becomes very susceptible to suggestion. Even suggestions that the hypnostist may not be aware of. In age regression, most often what we're seeing is the adult's perception of what a child would act like. John Kihlstrom, of U.C. Berkeley has this to say about age regression and hypnosis.

Age-regressed adults may have the subjectively compelling experience of being children again, and they may appear to behave in a childlike manner, but what we see is an imaginative reconstruction of childhood -- not a reversion to the genuine article.


His article concludes with this statement:
Interestingly, hypnosis appears incapable of expanding awareness, so as to enable subjects to remember things that would otherwise remain forgotten. However, the social context of hypnosis, including widely shared (though false) beliefs about its capacity for memory enhancement (with or without age regression), and the suggestive context in which hypnosis occurs in the first place, renders the hypnotized subject vulnerable to various kinds of distortions in memory. Because the risks of distortion vastly outweigh the chances of obtaining any useful information, forensic investigators and clinical practitioners should avoid hypnosis as a technique for enhancing recollection.


The instant I heard that Ms. Beck had come to these memories as the result of hypnosis, I felt comfortable in assuming that they were false. In my Psych classes, we found out how susceptible people are to suggestion when we learned that people who are under hypnosis will pick up on subtle cues such as voice tone and emphasis to give the hypnotist the answer they want. For example, let's say that I age regress my wife back to her fifth birthday (Note, I am not a hypnotist, nor do I play one on TV). August 21, 1980. Let's say that I know that the correct day of the week is Wednesday. I ask her what day of the week it is, and she doesn't answer immediately. Or maybe she answers "Tuesday", and I say, "wait a minute, was it Monday? Tuesday? Wednesday?" At which point, she'll stop me and assert that it was, in fact Wednesday, picking up on subtle vocal cues from me that Wednesday is the right answer. The only problem is, I'm wrong. As you can see August 21, 1980 was a Thursday. But she believes it's Wednesday, I have implanted that suggestion in her mind. I can't find any evidence to suggest that hypnosis increases the accuracy of memory.

Now then, turning to evidence as far as law. Courts can and will allow testimony that has been "refreshed" by hypnosis. However, typically speaking, that testimony has to be corroborated by other evidence. In Borawick v. Shay (68 F.3d 597 - You'll need a Lexis password to get there), the 2nd circuit adopted (followed by the First Circuit, the Fifth Circuit, and the Tenth Circuit in later opinions) a "totality of the circumstances" test.

In conducting a case-by-case analysis, the district court should consider the following non-exclusive list of factors. First, it should evaluate the purpose of the hypnosis: whether it was to refresh a witness's memory of an accident or crime or whether it was conducted as part of therapy. In the former instance, the subject may feel pressured to remember details, to aid the criminal investigation, whereas when the subject has undergone therapy to explore the sources of her psychological ailments, she may be less inclined to confabulate or describe a complete coherent story. In the latter case, however, the court should be mindful of the possibility that the subject may have received subtle suggestions from her therapist that abuse or other traumas could be at the root of her problems. Thus, a second important consideration is whether the witness received any suggestions from the hypnotist or others prior to or during hypnosis such as a theory of the cause of the subject's ailments or key information relevant to the investigation for which she underwent hypnosis. A third and related factor is the presence or absence of a permanent record, which can help the court ascertain whether suggestive procedures were used. Ideally, the session should be videotaped or audiotaped. Fourth, a court should consider whether the hypnotist was appropriately qualified by training in psychology or psychiatry. A fifth factor is whether corroborating evidence exists to support the reliability of the hypnotically-refreshed memories. Sixth, evidence of the subject's hypnotizability may also be relevant. A highly hypnotizable subject may be more prone to confabulate and more susceptible to suggestion. Seventh, the court should consider any expert evidence offered by the parties as to the reliability of the procedures used in the case. Finally, a pretrial evidentiary hearing is highly desirable to enable the parties to present expert evidence and to test credibility through cross-examination.

After consideration of all of the relevant circumstances, the trial court should weigh the factors in favor and against the reliability of the hypnosis procedure in the exercise of its discretion whether to admit the post-hypnotic testimony. Finally, we add that the party attempting to admit the hypnotically-enhanced testimony bears the burden of persuading the district court that the balance tips in favor of admissibility. Hurd, 432 A.2d at 97.
Borawick at 608, emphasis mine.

Dealing just with the factors I've emphasized, I don't believe that her testimony would be admissible evidence. Assuming that this was recovered under self-hypnosis, I think we have to doubt her qualifications as a hypnotherapist. As for corroborating evidence, I think the statement of her brothers and sisters - all of them, that the accusations of sexual abuse are not true, is telling. One sister shared a room and a bunk bed with her at the time the alleged abuse was supposed to be occuring. She also denies the accusations leveled by Ms. Beck.

This book also claims that "the incidence of sex abuse among Mormon families far exceeds any other group" (see here again). And I make a challenge here and now to anyone who can provide objective evidence that this is the case. I feel that statement is a vile, pernicious lie. Nor do I think that I'm without credibility in this area. My wife and I were licensed foster parents in Utah, and each of the girls that came to live with us had suffered some form of abuse. People aren't perfect, and there are instances of abuse in most, if not all populations. However, to make this kind of groundless assertion is dangerous, in that it fosters an atmosphere of distrust and suspicion. As a member of the LDS church, and as the father of a daughter of my own, I do not have the words to express my disgust at the idea that I would abuse my child. I am insulted, and I do not insult easily.

h/t bird's eye view

Thursday

Looking for new digs

We've decided to go to Texas after law school. Austin. Which is a good thing, Reeta's family is there, and we'll have a lot of support. I'm planning on taking the Texas Bar in February '06. Meantime, that leaves me in a bit of a quandary.

I mean, I've got to find a job to last at least that long. We've got to figure out HOW to get ourselves and all our stuff down there. Meanwhile, I know no-one in the legal community there. There are quite a few hurdles to get over. But it's the area of the country that we want to wind up in, and everyone I've talked to about it has said that it's a better idea to go straight there after school, take the bar there, and practice, rather than take the Oregon bar, work here a few years to get some experience, and then move down.

Also, because this site is maintained through my Comcast subscription, I'm coming to the realization that I will need to find a new home for my blog. (To go with the new home for the family). I've got a friend who's been using TypePad, and really likes it. I'll probably give that a shot, but it'll be next week.

Wednesday

Burning the Flag

Court questions FCC's broadcast flag rules | CNET News.com

This makes me kind of hopeful. If the groups involved can overcome issues of their standing to bring suit, it sounds like they're making some good arguments against the FCC digital broadcast flag. Here's hoping they carry the day.

Monday

Pictorial Update

I've got contacts, now. And I shaved. Hence the new pic.

Friday

Hang your head for a moment... and start saving your pennies.

Naruto is now licensed for U.S. distribution, and will start airing on the Cartoon Network, third quarter 2005. See here.

So, now I need a new series to watch. Any suggestions? ;-)

Thursday

Outrageous Outrage

Today at the school, our branch of the National Lawyer’s Guild is holding a day of outrage over the recent conviction of Lynne Stewart. For those of you who don’t know, Lynne Stewart is a civil rights attorney. She was representing Sheikh Omar Abdel Rahman, a convicted terrorist (convicted in association with the World Trade Center bombing). As a part of her representation, she was required to sign a special document called a special administrative measure, or SAM, that stated she would not pass messages from her client to third parties.

She was accused of having passed messages on to her client’s organization, The Islamic Group, and of using time with the client to allow the interpreter to take statements from Rahman to pass on, including the issuance of a fatwah against the Jews. She was convicted by a jury of her peers.

So, what’s up with the outrage? Lawyers are expected to hold themselves to a high ethical standard. Lawyers are expected to follow the law. She had agreed to abide by certain rules, and then she broke her word. She was caught, prosecuted, and convicted. Silencing an advocate is not the goal of the administration, nor the goal of the Department of Justice, who prosecuted Ms. Stewart. It can't be alleged in this case, because what she was doing was not advocating for her client. I think the goal is to punish people who break the law, and the outrage seems misplaced, to say the least.

Nor was this decision rushed. The jury took thirteen days to return a verdict – guilty.

So excuse me if I’m talking today in class, responding to questions, and asking some of my own. I’m not at all outraged that the system put in place by the Constitution seems to be working. My outrage is reserved for someone who willfully, purposefully degrades, demeans, and betrays the public's trust in attorneys, who breaks her word and breaks the law, and expects to get away with it.

See more Here, and here. And my good friend, Mellow-Drama has a good post, and has spoken with someone close to the prosecution. See that here.

Odd Thought of the Day

My Wills and Trusts professor's voice sounds oddly familiar. I think he sounds like Master Shake.


Except that what my prof says is actually intelligent.

Tuesday

Unfortunate Comments

So, I'm in *UNDISCLOSED CLASS*, and the teacher is calling roll. She comes to my name, looks up, says "Zach's here. Wow, you make me hot just looking at you". Now, truth be told, I was wearing a heavy coat, so I'm thinking that's probably what she meant. But I wasn't about to attempt to correct it, because having that kind of conversation in front of fifty other people is just... embarassing.

I mean, don't get me wrong, I was still giggling for about five full minutes after she said it, as was someone sitting just down from me. I know I've made unfortunate comments like that several times in the past. And just blithely went on my way, not quite knowing what all the giggling was about.

A Matter of Contract

Mellow-Drama linked to an article today by John Coleman, arguing for the privatization of marriage.

I suppose that your view on this depends on what you think the purpose of marriage is. If your view is that traditional marriage is a contractual relationship that allows for property to be divided in certain specific ways, and that's all, then privatization isn't a huge deal, because it's just contract. If you feel that traditional marriage is a social good, that the union of a man and a woman in a commited relationship and their bringing up children together is a fundamental part of basic human society, something that should be encouraged as a matter of morality, then privatization doesn't look good at all, because now marriage can mean anything. Morality is simply not a consideration of (most) contract law. I'm not sure I understood his whole argument. To be honest, I'm not sure what his argument was, other than we should call for privatization of marriage... because government will screw it up... because back in the day they used it to degrade women, among other things.

Mr. Coleman makes a reference to a quote from President Bush which ends "Self Government relies, in the end, on the governing of the self." Privatization means that instead of governing the self, we contract out the exceptions and loopholes we want. So he cheated on you, and you want out of the marriage? What if clause 12 stipulates an open relationship? Now there's NO BREACH. No breach means that if you want out, you've got to be the one to break the contract. So he's an immoral, backstabbing, lowlife scum. And now YOU have to pay HIM damages, because you a) were an idiot in love, and didn't do much negotiating in the contract, b) didn't have the negotiating power to make real changes in the contract, or who knows what?

Private contracts are not made to last forever. Marriage, however, will not survive that kind of thinking. You cannot enter a committed relationship under an escape clause. Marriage should be a committed relationship between a man and a woman. Commitment. Fidelity. Service. Love. Honor.

Sunday

Milestone

Took almost a full year to get there, but somewhere back there we passed 10,000 hits. Yee-haw. Hopefully it won't take that long to get to two.

Movie Night

Reeta said I could pick a movie tonight, so, had to watch AvP. Always better with the lights on and your wife pointing out how silly everything is. So... many... plot... holes...

Glaring ones include - the Aliens in Alien3 recognized that there was an embryo inside of Ripley, and didn't kill her because of it. So, the QUEEN, didn't realize that there was an embryo inside of that last guy? We go from facehuggers to chestbursters to full-size aliens in a matter of, what, ten minutes time? And killing the host doesn't help? We've seen aliens survive the cold of space, and we've seen aliens swimming - practically amphibious. So, sending the Queen to the bottom of the Antarctic ocean means, what, we won? Padron me if I don't start jumping for joy immediately, because it seems a little like Br'er Rabbit and the briar patch. Predator masks that scan for an alien embryo INSIDE the body, and nobody thought to scan that last body before taking it on board? No one just HAPPENED to be wearing a mask?

Despite the glaring plot holes, the utter misuse of Lance Henrikson (loved him as Bishop, why was he in this?) and the incessant "Oh My Heck, That Is So Silly" coming from my lovely wife, there were Predators. And there were a couple of good scenes. In particular, a no-look slash that took the face off one alien. That was pretty cool, even if it was grandstanding. So, despite the deathly touch of Paul W.S. Anderson (responsible for so many movies that were JUST SO, FREAKIN' CLOSE! and just MISSED IT), I've got to give it (out of a possible +/- 2 Cokes), 0 Cokes. Great idea, unfortunately poor execution.

Last night, we saw the Chinese versioin of Shaolin Soccer. That got +1.5 Cokes. Actually funnier in Chinese with the subtitles. Anime/Kung Fu Movie Night at the Law School. We'll probably do one more close to the end of the semester. Last night it was Shaolin Soccer, Last Exile, Samurai 7, and Naruto (of course).

Friday

Newly looking for work...

Eason Jordan is printing out resumés. Free speech. But not free of consequences. Selah.

h/t Hewitt on the radio.

Low Tech Hacks

Not that anyone needs a reminder of how this works, but Pepsi (more particularly Mountain Dew) is once again conspiring against any resolution I might have to give up soda. Free iTunes songs under the lids.

Of course, if you catch the angle just right, you can loo through the top of the bottle and tell if the cap is a winner or not. I personally think of it as subsidizing my soda habit through music. And no one has said anything to me yet about checking under the cap for music before I buy a soda. (Retailers are still going to sell to me, and to those people who feel it's an ethical violation to look under the caps, or don't know how this works.) The only question now is, what do I want to listen to?

Wednesday

Cheaters Beware!

Software license agreements can be very entertaining. Especially game software. Especially Epic Games' Unreal Tournament 2004 license agreement, a most recent copy of which can be seen here. It's a surprisingly good read, and happens to be a fairly non-restrictive license, granting rights to use stuff from earlier games to make mods for UT2k4. But looking at it today, during Corporate Counsel Seminar, I saw something that I swear I hadn't seen when I reinstalled my copy on my new PC this last week.

5. CHEATING. Nobody likes a cheater. It's a disgraceful way to earn a win and really is an insult to those players who earn their wins in on-line games the old-fashioned way—WITH TALENT. We're pretty hard on cheating in on-line games using the Software because it sullies the overall gaming experience and is JUST PLAIN LAME. With that in mind if you are caught cheating in an on-line game using the Software we will immediately and permanently ban your CD Key. At that point this License Agreement is automatically terminated and you must immediately delete this software from your PC. Failure to comply with this last bit (deleting the software) may bring on the wrath of the lawyers. Trust us…you don't want that.

That's pretty harsh, IMO, but then again, cheaters suck anyway. Skillz, baby!

UPDATE: I'm curious. I'm going to send this to the school's cyberlaw/copyright prof., and see if she thinks it would stand up in Court. Meanwhile, feel free to chime in. Do you think this is fair? Do you think it increases or decreases the value of the game?

Things Not to Do Late at Night

I don't know why they affect me the way they do, but I can't seem to watch an Alien movie and get a good night's sleep afterwards. Late last night, after cutting commercials out of five BSG episodes, I found myself staring at the AVP DVD. So I put it in. And scanned it at high speed, for fifteen minutes or so, looking for some of the scenes I'd seen in the trailer.

I knew I was in trouble when I started seeing things moving out of the corner of my eye. And hearing things. (We live in an old apartment building, and there's a lot of wierd noises at night).

And at three in the morning, with the lamp on, staring at the ceiling, Cartoon Network playing on the Computer, I wondered why I do this kind of thing to myself. Does everyone have a particular movie/series that does the same kind of thing? Or am I just one of those hypersensitive types that keys in on this?

Tuesday

Farewell to Trek on TV, Hello to Trek the way I thought it should be.

Back in the day, I used to design my own Star Trek ships. Before the Next Generation, in between even numbered movies, I designed my first ship. A three-engined saucer section. I called it a "Dutchman" class, like the Flying Dutchman ghost ship of legend. I still have the print out from the awkward attempt I made at drafting the image on my old Apple II. Named after mythological warriors, the flagship was the Agamemnon.

When I heard that Voyager was ending, and that they were trying to figure out what the next series would entail, I had the perfect idea. In fact, I'm still convinced that it would have been an incredible series. I wanted to see the Trek universe from outside of Starfleet. I wanted to get inside the heads of people who weren't associated with the Federation government. I had it all worked out.

I never found quite the right name for it, though. Essentially my idea was to take a Federation trained pilot, and get him out of the Federation. William J. Durburough. "Wild Bill". Ex-Peregrine pilot. Joins a merchant crew transporting... well... anything. In the pilot episode, he and the crew find themselves shipless, looking for a new berth, when a Romulan offers them a ship, and a trade route inside the Empire. Normally, Will would jump at the chance, but it just doesn't feel right. Enter Will's brother, Christian. Starfleet Intelligence. He sees Will's situation as a chance to get more information on what the Romulans are up to at any given time. I thought this had everything. Intrigue, espionage, smuggling, adventure, economics. The possibility of romance. But then again, maybe it would never have worked. Roddenberry always said that there was no grease in Star Trek. Maybe that's the way it should be. But I'll always wonder what I could have done with that situation. I've tried writing it out as a short story, but never really been able to make it work, because I always felt that it had to take place outside the Trek universe (no grease, remember), and getting the right situation without referring too obviously to Romulans, Cardassians, the Federation, etc. always seemed too difficult.

I don't know. Star Trek: Prodigal would have been a cool name. And I always wanted to be connected with something that took on a life of its own, something that I felt would outlast me, catch the imagination of people.

Maybe with a little distance from the source material, I'll be able to get that down the way I want to. But I'll always remember that it was Trek that put the idea there in the first place.

Sunday

Fair Use and Napster Subscription

In response to Yasmín's comment to the post below: Fair use doesn't enter into this, because in this case, you never owned the music in the first place. You're simply being given a blanket license to play music on your personal equipment. I'm not saying it's an ideal copyright situation. I realize that there's no ownership.

What I am saying is... they're throwing in a 5 gig music player that also displays pictures, has a built in voice recorder, and USB 2.0 for fast transfers. (Me Likey the iRiver).

Also, it's an easy (maybe too easy) solution for parents or grandparents who are worried that their kid might be filesharing and who knows when that subpoena from the RIAA is going to come to the door?

Moreover, satellite radio is $10 - $13 a month, and I don't control the playlist, I just listen to what they send. This plan gives a subscriber control over what they're listening to, and the option to purchase if they want to add something to their permanent library. So, compared to satellite radio, this seems like a pretty competitive option. Once the tracks are purchased, we can start talking about fair use, and whether or not it exists under the agreements of the various download services.

UPDATE: After the Super Bowl ad, I shouldn't be surprised, but over 1000 people have signed up for the Napster to Go service, meaning that there is no more free mp3 player. Maybe I should have signed up this morning when I saw the service.

A Tempting Offer

Saw an article today about Napster's new Napster-to-Go service. Now, you subscribe to Napster, and you can download music to a compatible mp3 player without playing the 99 cents per track and as long as you're still subscribed, the songs will work. To make it easier to get a compatible player, Napster is offering (to the 1st 1000 people who sign up for a year) a free iRiver 5 gig mp3 player.

Now, it's a little steep for me, but it seems like an interesting idea. All the music you want, portability, but I'm sure you can't burn to disc without paying the 99 cents. What do you think? Is this a good service? Would you pass? Would you rather rent or own your music? Personally, while I would prefer to own my music, this would certainly make it easier for me to try lots of different kinds of music. Who knows, maybe I'd find something I really liked?

Saturday

Weekly "What are you watching" update

Here's a couple of vid caps from the new card. Please note that these images are copyright their respective owners.



It's Mac, from Foster's Home for Imaginary Friends. Recorded my first episode last night, and it's working like a charm.



Colonial Vipers, from Battlestar Galactica. The effects look great, and the actors sell their parts well. I wasn't happy when I found out that Starbuck was going to be a girl (and Boomer, not only a small Asian girl, but a Cylon to boot? Come on!) But everyone's doing a fantastic job with this series.



And, Gankutsuo! This Japanese sci-fi animé re-telling of the Count of Monte Cristo is fantastic. The animation style is unique. Good stuff.

Also, people should check out Azumanga Daioh! if at all possible. Funny. Very, very funny. My personal favorite is Osaka. Like her, I spend the beginning of every semester thinking to myself "Get it together! Get it together!" But it never works out that way. :(

Slacker!

I feel like a bit of a slacker. I've been so busy with life, work, internship, school, etc., that it's really cut down on my blogging. And there are so many interesting things going on. The Copyright Office is asking for comments on what to do with orphan works. The State of the Union address. Condie's and Alberto Gonzalez' approval for their Cabinet positions. The Iraq Election, for crying out loud.

To be honest, I haven't commented on the Iraq election on purpose. It is a vindication of our actions in Iraq. But I don't feel comfortable crowing about it here. It's not my victory. It's theirs. And more power to them for it.

And what news is there really to say on the Cabinet appointments? Dems don't like Ms. Rice or Mr. Gonzalez. Which is a little odd, seeing as how their appointment would have been unheard of fifty years ago. I mean, a black woman being appointed as Secretary of State? A Hispanic man as the Attorney General of the U.S.? The civil rights movement should be trumpeting this accomplishment to the skies. Maybe I'm just an Idaho farm boy, but the attacks on them both just seem wrong to me.

There are bloggers who will cover this. A few of them are featured in my blogroll. Personally, I'm thinking it's high time for an animé update. After all, it's at least three weeks late.

Wednesday

Some simple observations.

It's a lot easier to study for law school when you have books.
Getting books in the mail is fun.
New video cards breathe new life into old games.
Chapelle show, while horrifyingly offensive, is occasionally very, very funny. Best line from what I caught of it last night? "I'm Wayne Brady, B*#&$!"
I haven't done a Friday Animé Update for a few weeks. Looking for new animé is fun.
Gankutsuo is good. VERY good. Great job of ending the episode right at the most tense moment - carries you through to the next week.
However, the translation of Count of Monte Cristo that I'm reading now is also VERY good.
RahXephon was really wierd.
FullMetal Alchemist vol. 1 hits DVD on Tuesday.
Harry Potter 6 is coming.
Texas has its bar in July. The first deadline for application was Jan 30th, though.
They have another bar in February.
Microsoft Office is EXPENSIVE
Open Office is FREE and allows me to save directly to PDF
Mice can be patentable, and licensed. Whoa.

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