Saturday, June 18, 2005

Daily Kos :: The Downing Street Minutes may be old news

The Downing Street Minutes may be old news
by colinb

Fri Jun 17th, 2005 at 22:59:14 CDT

But this is new news:
Jay grad killed by bomb is S.A.'s latest loss in war

The fact that George Bush told his ghostwriter in 1999 that, if given the chance, he would invade Iraq so that he could gain "political capital" may be old news
Exclusive: Bush Wanted To Invade Iraq If Elected in 2000
But this is new news:
Henderson Marine Killed in Iraq

The fact that Bush was planning to invade Iraq during his first month in office may be old news
O'Neill: Bush planned Iraq invasion before 9/11
But this is new news:
21-year-old Henderson guardsman dies in Iraq

The fact that Dick Cheney's energy task force was mapping out Iraq oilfields in March of 2001 may be old news
Group: Cheney Task Force Eyed on Iraq Oil
But this is new news:
Marine killed in Iraq

The fact that Bush diverted $700 million, without the permission of congress, to Iraq war preparations in the summer of 2002 may be old news
Bush's Legal Obligation to Tell Congress About $700M for Iraq
But this is new news:
A Kentucky Guardsman was killed in Iraq this week during a rocket propelled grenade attack....


The fact that Sen. Bob Graham received a 25 page report from the CIA in the summer of 2002 that stated evidence of Saddam's WMD was inconclusive, but Graham was roundly ignored, if not outright mocked, may be old news
The Selling of the Iraq War: The First Casualty
But this is new news:
Marine killed in Iraq recalled as 'angel,' 'jokester'...

Daily Kos :: The Downing Street Minutes may be old news: "

Thursday, June 16, 2005

EFF: Bloggers' FAQ: Intellectual Property

Questions About Copyright
I found something interesting on someone else's blog. May I quote it?

Yes. Short quotations will usually be fair use, not copyright infringement. The Copyright Act says that "fair use...for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright." So if you are commenting on or criticizing an item someone else has posted, you have a fair use right to quote. The law favors "transformative" uses — commentary, either praise or criticism, is better than straight copying — but courts have said that even putting a piece of an existing work into a new context (such as a thumbnail in an image search engine) counts as "transformative." The blog's author might also have granted you even more generous rights through a Creative Commons license, so you should check for that as well.

What is fair use?

There are no hard and fast rules for fair use (and anyone who tells you that a set number of words or percentage of a work is "fair" is talking about guidelines, not the law). The Copyright Act sets out four factors for courts to look at (17 U.S.C. § 107):

* The purpose and character of the use. Transformative uses are favored over mere copying. Non-commercial uses are also more likely fair.
* The nature of the copyrighted work. Is the original factual in nature or fiction? Published or unpublished? Creative and unpublished works get more protection under copyright, while using factual material is more often fair use.
* The amount and substantiality of the portion used. Copying nearly all of a work, or copying its "heart" is less likely to be fair.
* The effect on the market or potential market. This factor is often held to be the most important in the analysis, and it applies even if the original is given away for free. If you use the copied work in a way that substitutes for the original in the market, it's unlikely to be a fair use; uses that serve a different audience or purpose are more likely fair. Linking to the original may also help to diminish the substitution effect. Note that criticism or parody that has the side effect of reducing a market may be fair because of its transformative character. In other words, if your criticism of a product is so powerful that people stop buying the product, that doesn't count as having an "effect on the market for the work" under copyright law.

May I freely copy from federal government documents?

Yes. Works produced by the US government, or any government agency or person acting in a government capacity, are in the public domain. So are the texts of legal cases and statutes from state or federal government. Private contractors working for the government, however, can transfer copyrights to the US government.

Am I free to copy facts and ideas?

Yes. You are free to report the facts and ideas embodied in another person's article or web page. Copyright only protects the expression — the combination of words and structure that expresses the factual information — not the facts themselves.

How does a Creative Commons license help?

Creative Commons licenses provide a standard way for authors to declare their works "some rights reserved" (instead of "all rights"). If the source you're quoting has a Creative Commons license or public domain dedication, you may have extra rights to use the content. Licenses don't trump fair use, but if you want to do more than fair use allows, look at the terms of the license to see what it permits and what, if anything, it requires you to do in return. The attribution license for example, lets you copy, distribute, and display a work so long as you name the original author. Share-alike lets you make derivative works so long as you use the same license for your re-mix. A work in the public domain is no longer under copyright, so you can use as much as you want in any way you like.

I'd like to let other people copy from my blog. Can I license it?

Sure. The Creative Commons licenses provide several copy and share licenses complete with legal code, computer code, and a human-readable declaration and graphic to let others know that they're invited to copy and share. You can choose whether to require attribution, permit commercial use, or allow modifications. If someone wants to do more than is permitted by fair use or the terms of your license, they can still contact you for permission. See Creative Common's licensing page for more information, or generate your own license.

If a reader comments on my blog, does she license the rights to me?

When a person enters comments on a blog for the purpose of public display, he is probably giving an implied license at least for that display and the incidental copying that goes along with it. If you want to make things clearer, you can add a Creative Commons license to your blog's comment post page and a statement that by posting comments, writers agree to license them under it.

Can I "deep link" to someone else's website or blog post?

Yes. Most people are happy to have other websites link to them. Indeed, "permalinks" for each blog post, to which others can link directly, are one of the features that have helped blogs and blog conversations take off. But some website owners complain that deep links — links that lead readers to an internal page on a website — "steal" traffic to the homepage or disrupt the intended flow of their websites. For example, Ticketmaster has argued that other sites should not be permitted to send browsers directly to Ticketmaster event listings. Ticketmaster settled a claim against Microsoft and lost a suit it had brought against Tickets.com over deep linking. See Ticketmaster v. Tickets.com. So far, the courts have found that deep links to web pages are neither copyright infringement nor trespass. No court has enforced a website's terms of use that bar deep linking.

When can I borrow someone's images for my blog post?

Images are subject to the same copyright and fair use laws as written materials, so here too you'll want to think about the fair use factors that might apply. Is the image used in a transformative way? Are you taking only what's necessary to convey your point? A thumbnail (reduced-size) image, or a portion of a larger image is more likely to be fair use than taking an entire full-size image. If you want to go beyond fair use, look for Creative Commons licensed images.

I want to parody someone. Can I use some of their images and text in my parody?

Yes, parody is recognized as a type of fair use, like other commentary and criticism, and courts recognize that a parody must often take recognizable elements from the work it comments upon.

Courts do distinguish parody from satire. Parody copies from the object it mocks, while satire uses recognizable elements from the original work to mock something else or society in general. Parody gets broader fair use leeway than satire. If you want to make fun of Roy Orbison by changing "Pretty Woman" to "Big Hairy Woman," that's non-infringing parody; but if you make fun of the O.J. Simpson trial using Dr. Seuss illustrations and rhymes, that's satire and in one famous case, it was found to be infringing (Campbell v. Acuff-Rose, Dr. Seuss Enterprises, L.P. v. Penguin Books U.S.A., Inc.).

More general FAQs about copyright: http://www.chillingeffects.org/copyright/faq

EFF: Bloggers' FAQ: Intellectual PropertyEFF: Bloggers' FAQ: Intellectual Property

Wednesday, June 15, 2005

Daily Kos :: How wrong can you idiots be???

How wrong can you idiots be???
by Bill in Portland Maine
[Subscribe]

Wed Jun 15th, 2005 at 17:10:30 CDT

A brief message to the Knuckledragger wing of the Republican party:

You guys are idiots. Fucking idiots. In fact, I've never seen such a collection of morons in my life, and that includes the Nixon guys.

When I say idiots and morons, I don't mean walking into walls or sticking your hands into vats of bubbling tomato sauce. I mean, you guys are wrong. And you're wrong so often and on such a massive scale that science should come up with a new term for your species: homo stupidus.

Don't you dare walk away now...you meet me on the flip side:


Diaries :: Bill in Portland Maine's diary :: :: Trackback ::

The catalyst for this reality-based rant is the Terri Schiavo autopsy. But this isn't about the Schaivos or the ethical and moral questions that arose during that awful episode. It's about looking into the rear-view mirror and seeing that you Bible-thumping shitheads and your attack poodles in the media got it all wrong. Again.

Terri wasn't following that balloon with her eyes, Dr. Bill "Fuckhead" Frist, because she was blind. She didn't say "Mommy," Sean "Shithead" Hannity, because her cognitive abilities were gone. She wasn't strangled, Dr. William "Dick" Hammesfahr, but thanks for proving just how pathetically wrong you "experts" on the rabid right were in this case. You fucked up big-time because you idiots dove into what you thought was a "hot button issue" without a clue what you were doing. You couldn't have been more wrong.

But the Schaivo embarrassment is just one more stinking turd on your Republican "Dungheap of Wrong."

You were all wrong on Iraq. Completely, utterly, insanely wrong on everything. The list has gotten too long to print.

You're wrong on global warming. And now we know you'll resort to doctoring scientific documents to hide your wrongness.

You're wrong on homeland security because we know that our ports, borders and infrastructure still aren't adequately protected. You're so wrong that we've been at terror threat "Yellow" for 1,204 days now, and at "Blue" or "Green" for zero.

You're wrong on those idiotic tax cuts. They haven't stimulated job growth in the slightest, nor have they helped the middle or lower class. Any idiot could see that, and I'm surprised you don't because you are such an extra-special class of idiots.

You're wrong for plunging our country $7.7 trillion into debt. What the fuck were you thinking? Have any of you ever balanced a checkbook in your life?

You're wrong for trying to fool us into thinking that throwing Social Security into the gnashing jaws of Wall Street will solve the (minor) problem we'll face 35 years down the stinking road.

You're so wrong---oh God, how you're just lame-brained here---for ignoring the massive health care crisis in this country. A grade of F- to you...and my extended middle finger, too.

You're wrong on stem cell research. You're wrong on "intelligent design." You're wrong on this crazy missile defense shield. You're wrong to ignore the genocide in Africa. You're wrong to force a cookie-cutter education "plan" on states without paying for it. You're wrong to send an abusive shithead to be our ambassador to the United Nations even though he openly despises it. You're wrong to embrace a radical, hateful religious faction of your party while---wink, wink---you claim to welcome all religions. And you're damn well wrong to suck up to residents of another country (Israel) because you think their destruction is your key to salvation. "Jerusalem's gone! Pack yer bags, Ma!"

There isn't a duncecap big enough to fit your big fat fucking arrogant heads. There isn't a corner big enough for you to take a time-out in. You guys have been so absolutely, positively wrong about everything that it boggles the reality-based mind. And not just wrong---but willfully wrong.

I just wanted you to know that, you filthy, stinking radical Republican hacks. Hope I didn't spoil your golf game.

Daily Kos :: How wrong can you idiots be???

Daily Kos :: Manning Memo is the Gunshot Residue

Manning Memo is the Gunshot Residue
by Stirling Newberry at Daily Kos

Wed Jun 15th, 2005 at 08:20:04 CDT

Earlier I looked at the Options Memo, which showed that Bush felt he had all he needed to invade except a PR campaign, and the British would lay out criteria for an invasion - everyone of which they would abandon to get on board with Bush.

This morning it is time to take a look at other Spring 2002 memos to see how well they answer the simple question: "What did the President decide and when did he decide it?"

The Manning Memo isn't the smoking gun, but it does have gunshot residue all over it.

[And you may want to read my dismembering of the ponyhawks on bopnews: March Madness.]


Secret - Strictly Personal

But not FYEO, also cc'd This was, in short, working knowledge in No. 10.

FROM: DAVID MANNING
DATE: 14 MARCH 2002

CC: JONATHAN POWELL

PRIME MINISTER

YOUR TRIP TO THE US

This means that by the time of this memo, the Iraq options memo had been digested. Namely: no intelligence to support invasion, no legal justification for regime change, and the US was pushing .

I had dinner with Condi on Tuesday; and talkes and lunch with her and an NSC team on Wednesday (to which Christopher Meyer also came). These were good exchanges, and particularly frank when we were one-on-one at dinner. I attach the records in case you want to glance.

Note Condi, not Powell. This means that Iraq is in the stage where all planning had been done, and was ready for implementation. This was not a negotiation over what to do, but over when to pull the trigger.

The lady who doesn't respond to "bin Laden determined to Strike in US" clearly had "everything ready for her signature".

IRAQ

Note, not Afghanistan, not Al Qaeda, not even GWOT. Iraq is the top item. They'd moved on.

We spent a long time at dinner on IRAQ. It is clear that Bush is grateful for your support and registered that you are getting flak.

Blair was already on board with whatever policy had been picked.

I said that you would not budge in your support for regime change but you had to manage a press, a Parliament and a public opinion that was verty different from anything in the States.

And that policy is Regime change. By the time of this memo the Iraq Options Memo would have discarded all options other than "full scale invasion", the question merely being whether to attempt to seed revolt first or just go in directly.

In short the March trip is when the die was cast. This answers one of Conyer's questions.

Moreover, the implication is that Bush and Blair both agree that the US Congress and Press are a great deal more compliant than in Britain. Think on that for a moment.


And you would not budge either in your insistence that, if we pursued regime change, it must be very carefully done and produce the right result. Failure was not an option.

Note how this insistence went by the boards. The Iraq option memo set a lower bound of 200K troops and a nation-building program. Clearly a Blair decided that a failed state is not failure.


Condi's enthusiasm for regime change is undimmed.

That is, our current Secretary of State was part of the squad pushing to end run the UN, and engage in a policy with "no justification under international law". The PM seemed cool with that.


But there were some signs, since we last spoke, of greater awareness of the practical difficulties and political risks. (See attached piece by Seymour Hersh which Christopher Meyer says gives a pretty accurate picture of the uncertain state of the debate in Washington.

In short, the leaders knew that there was a considered body of opinion that Iraq was a Really Bad Idea (tm) and were really only worried about massaging public opinion. Note no reference to a comprehensive military analysis.

From what she said, Bush has yet to find the answers to the big questions:


- How to persuade international opinion that military action against Iraq is necessary and justified.

This comes out and says it all: invasion was a done deal, and Blair and Bush had a necessary war without evidence of military necessity, and a justified war without legal justification.

- what value to put on the exiled Iraqi opposition

Described by Iraq options memo as "weak", "divided", "without military capability", "compromised by Iraqi intelligence" and lead by "Western stooges". I filmed a demonstration in May of that year and talked with members of the Iraqi ex-pat community. They seemed like well meaning bureaucrats and somewhat shady businessmen - who would have trouble finding the right end of a gun, or a political negotiation.

If this was still being discussed, then Blair's intelligence failures begin in London.

- how to coordinate a US/allied military campaign with internal opposition (assuming there is any);

As we later saw, the answer to this was "fuck 'em".


- what happens on the morning after

"Will you still respect me in the morning?"

Bush will want to pick your brains. He will also want to hear whether he can expect coalition support. I told COndi that we realized that the Administration could go it alone if it chose. But if it wanted comapny, it would have to take account of teh concerns of its potential coalition partners.

Unilateral invasion withou justification was on the table. A clear violation of the UN Charter, and the US' own cease fire with Iraq.

In short, this is testimony to an impeachable offense.

Moreover it is clear that the only question on anyone's mind of any urgency is running the PR campaign. This would culminate when, by July, intelligence was clear that there were no WMD that could be deployed, and that Saddam had not, in fact, substansively violated UN sanctions, at least, no more than US and its allies had participated in helping him do with smuggling.

- The Un (sic but a really good one) dimension. The issue of the weapons inspectors must be handled in a way that would persuade European and wider opinion that the US was conscious of the international framework, and the insistence of many countries on the need for a legal base. Renwed (sic) refused by Saddam to accept unfettered inspections would be a powerful argument;

Note the language, the entire inspections thing was a farce from day one. meant to fool people like Spouting Thomas. Note also from the Iraqi options memo that Plan B was "use inspections to spy". Also a violation of the UN resolution creating the inspections. In short, both options for inspections were in violation of the letter of the law.

- the paramount importance of tackling Israel/Palestine. Unless we did we could find ourselves bombing Iraq and losing the Gulf.

Note that there is not one word about a connection between Saddam and the Global war on Terrorism, Al Qaeda or Saudi Arabia. This was completely isolated from 911 in any shape manner or form at this level.

Note that the Global War on Terrorism isn't even mentioned. In effect, the view from Downing Street and the Oval Office was that it was over by this point.

YOUR VISIT TO THE RANCH

No doubt we need to keep a sense of perspective. But my talks with Condi convinced me that Bush wants to hear your views on Iraq before taking decisions.

"Poodle want pet before we blast Saddam together?"

The entire attitude here is of a subordinate trying to convince a superior not to completely bollix a plan already in progress. That is Blair is essentially a pro-consul for Britain.


This gives you real influence; on the public relations strategy; on the UN and weapons inspectionsl and on US planning for any military campaign.

But nto to actually stop an ill advised and admittedly illegal war. Nor for any post-war planning. This is all about political cover.


I think there is a real risk that the Administration underestimates the difficulties. They may agree that failure isn't an option, but this does not mean that they will avoid it.

Ya think?

Will the Sunni majority really respond to an uprising lead by Kurds and Shias? Will Americans really put enough ground troops to do the job if the Kurdish/Shi'ite stratagem fails? Even if they do will they be willing to take the sort of casualties that the Republican Guard may inflict on them if it turns out to be an urban war, and Iraqi troops don't conveniently collapse in a heap as Richard Perle and others confidently predict? They need to answer these and other tough questions, in a more convincing way than they have so far before concluding that they can do the business.

As noted, the Iraqi options memo shows that uprising was discounted. Only one of the ought questions was answered, the US would bribe enough troops if it started to look ugly. Which worked.

Note how one of the tough questions is "will the US be able to handle the reconstruction of Iraqi infrastructure?" Note that another non-question was "What would the post-Saddam Iraq look like?" Note that a third non-question was "Can the international community be persuaded to forgive debts incurred under Saddam as part of giving the new Iraq a fighting chance?"


The talks at the ranch will also give you the chance to push Bush on the Middle East. The Iraq factor means that there may never be a better opportunityto (sic) get this Administration to give sustained attention to revising the MEPP.

DAVID MANNING

Again note that GWOT is a non-issue. The entire alerts and the rest, was all Orwellian image of a war with Eurasia.

Bottom line

1. Invasion was all but decided, the question was merely how to grease the pig down the shaft.
2. Bush was going in no matter what.
3. Blair was desperate to be on board.
4. The Global War on Terrorism was a non-issue by this point, and everything you were seeing on Fox was, as far as Bush and Blaire were concerned, merely aiding the way into Iraq.

Daily Kos :: Manning Memo is the Gunshot Residue

Sunday, June 12, 2005

White House disputes U.S. lacked planning on Iraq - Yahoo! News

Typical white wash from the press: The problem wasn't lack of planning, the problem was that the decision was already taken, BEFORE the congress vote or the UN inspections! -- law

WASHINGTON (Reuters) - The White House said on Sunday there was 'significant' postwar planning for
Iraq and disputed the characterization of a memo produced for British Prime Minister
Tony Blair eight months before the invasion that expressed concerns about a long occupation.


The briefing paper concluded that the U.S. military was not preparing adequately for what the memo predicted would be a 'protracted and costly' postwar occupation of Iraq, The Washington Post reported in Sunday's editions.

'We disagree with the characterization. There was significant postwar planning,' David Almacy, a White House spokesman, said.

'More importantly, the memo in question was written eight months before the war began -- there was significant postwar planning in the time that elapsed,' he said.

The memo showed that top British officials saw the Bush administration as inevitably deciding to go to war, but said 'little thought' had been given to 'the aftermath and how to shape it,' the Post said.

Blair's staff produced the eight-page July 21, 2002, memo in preparation for the prime minister's meeting with his national security staff two days later at Downing Street.

'A postwar occupation of Iraq could lead to a protracted and costly nation-building exercise,' the memo said."

White House disputes U.S. lacked planning on Iraq - Yahoo! News: