The New York Times versus Free Speech

A judge in Oregon recently ruled that a blogger isn’t a journalist. John C. Dvorak, professional curmudgeon and one of the longest-tenured tech writers isn’t impressed with the decision:

The case of Crystal Cox, a self-professed "investigative blogger" from Oregon, should outrage the public. The woman was investigating targeted companies that she believed to be acting unethically and found herself at the wrong end of a lawsuit.

The evidence she had unearthed concerning a Pacific Northwest finance group she was after and the sources she used seemed, in the end, immaterial to the outcome of the lawsuit against her. I won’t get into the details of Cox’s case since my concern is the definition of journalist, but you can read more here." The judge, recent Obama appointee Marco Hernandez, asserted that as a blogger with no other credentials, she was not a journalist and was entitled to no protection.

He said, “Although the defendant is a self-proclaimed ‘investigative blogger’ and defines herself as ‘media,’ the record fails to show that she is affiliated with any newspaper, magazine, periodical, book, pamphlet, news service, wire service, news or feature syndicate, broadcast station or network, or cable television system. Thus, she is not entitled to the protections of the law in the first instance.”

Apparently, there are now new qualifications for journalists. So who decides these qualifications? Hernandez? Where did he get this from? I’ve never seen a laundry list in the U.S. that precludes bloggers. There is nothing in the Bill of Rights, to wit: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Predictably, the New York Times like the decision:

The ruling on whether she was a journalist in the eyes of the law turned out to be a MacGuffin, a detail that was very much beside the point. She didn’t so much report stories as use blogging, invective and search engine optimization to create an alternative reality. Journalists who initially came to her defense started to back away when they realized they weren’t really in the same business.

This is the problem. A MacGuffin shouldn’t matter. If Cox were lying, then there could be a case for defamation and it wouldn’t require the judge to make up the criteria for what is or isn’t a journalist. But it appears that the judge looked at what appears to be bad facts and came up with bad law.    

Steve Jobs and Alternative Medicine

I’ve been wondering if Steve Jobs could have live longer if not for his reliance on alternative medicine. It turns out that he regrets not have surgery sooner.

One other interesting tidbit is this line from the interview, “another aspect of Jobs’ character revealed was his disdain for conspicuous consumption.” That pretty ironic since Apple cultivates conspicuous consumption. Just look at the Apple symbol on the back of laptop screens or the iconic white headphones for iPods. Don’t get my wrong, I like Apple products (I’m writing this on my MacBook Pro and my iPhone 4 is in my pocket and I have another iPod in my bag) but they are definitely objects of conspicuous consumption.

Steve Jobs is America’s greatest failure

Steve Jobs has been great as Apple’s CEO because he learned from his failures and went on to produce great products:

Steve Jobs’s announcement that he is stepping down as CEO of Apple is not surprising. He’s a very sick man; and running the world’s largest market-cap technology firm can’t be easy for someone with pancreatic cancer and who-knows-what other ailments. 

Lots of digital ink will be spilled about Jobs in the coming days, most of it focusing on his truly marvelous successes. 

It’s better to focus on his failures.

Jobs (along with Steve Wozniak) brought us the Apple I and Apple II computers, early iterations of which sold in the mere hundreds and were complete failures. Not until the floppy disk was introduced and sufficient RAM added did the Apple II take off as a successful product. 

Jobs was the architect of Lisa, introduced in the early 1980s. You remember Lisa, don’t you? Of course you don’t. But this computer — which cost tens of millions of dollars to develop — was another epic fail. Shortly after Lisa, Apple had a success with its Macintosh computer. But Jobs was out of a job by then, having been tossed aside thanks to the Lisa fiasco. 

Jobs went on to found NeXT Computer, which was a big nothing-burger of a company. Its greatest success was that it was purchased by Apple — paving the way for the serial failure Jobs to return to his natural home. Jobs’s greatest successes were to come later — iPod, iTunes, iPhone, iPad, and more. 

There’s a moral here for a Washington culture that fears failure too much. In today’s Washington, large banks aren’t permitted to fail; nor are large auto firms. Next up will be too-big-to-fail hospital systems. Steve Jobs is a reminder that failure is a good and necessary thing. And that sometimes the greatest glories are born of catastrophe.

A Danish company is revolutionizing pitching data

Tom Verducci writing in SI has an interesting article about some new high tech pitch tracking. New technology can measure the speed of a baseball at any point, as well as measure the spin of the pitch for breaking balls.  Interesting stuff:

Why does David Robertson’s fastball appear to have mysterious "hop" to it? Why is Justin Verlander’s curveball so hard to hit? And why are even the most accurate radar guns fooling scouts and they don’t even know it?

The answers are provided by a Danish technology company that may change the way teams scout and evaluate pitchers. Trackman, a company established in 2003, is taking some old-school observational theory out of baseball and replacing it with hard data derived from 3D Doppler radar ball flight measurement. The company already has established a foothold in professional golf and is bringing its tracking technology to baseball, where Sportvision’s Pitch-F/x system, another ball tracking technology, has been used widely for years.

Trackman measures not just the speed of the pitch, but also the key variable: the distance between the pitcher’s release point and the plate. With those measurements, Trackman defines not only the time component of a fastball — "flight time," if you will — but also defines in irrefutable data why scouts might describe a pitcher as "sneaky fast" or throwing a ball with "hop."

Take, for instance, Robertson, the 5-foot-11 set-up reliever for the Yankees with that "lively" fastball. Robertson does not have exceptional size or velocity, but he ranks fourth among all active pitchers with at least 100 innings in strikeout rate (11.7 per nine innings, better than every pitcher except Carlos Marmol, Jonathan Broxton and Francisco Rodriguez, all of whom are well-paid closers.)

Why is Robertson so difficult to hit? According to Trackman’s measurements taken in one American League park last season, Robertson, with his exceptionally long stride and reach, released his fastball seven feet from in front of the pitching rubber — the largest average extension Trackman measured in that park. The average MLB fastball extension was five feet, 10 inches.

What about breaking balls? Trackman can measure the spin rate of all pitches in revolutions per minute. Pitchers such as Sandy Koufax and Pedro Martinez could throw wicked breaking balls because they had long fingers that could generate tremendous spin, though no could quite quantify it. Spin rate is important for breaking balls because it not only correlates to movement but also to deception.

How Microsoft shows us what Washington, DC is really about

I’ve never been a fan of Michael Kinsley. He has never seemed too like a very thoughtful lefty. But this the article he has written about Microsoft and politics makes me reassess how I feel about him. Kinsley concludes:

As the Microsoft example suggests, the Washington culture of influence peddling is not entirely, or even primarily, the fault of the corporations that hire the lobbyists and pay the bills. It’s a vast protection racket, practiced by politicians and political operatives of both parties. Nice little software company you’ve got here. Too bad if we have to regulate it or if Big Government programs force us to raise its taxes. Your archrival just wrote a big check to the Washington Bureaucrats Benevolent Society. Are you sure you wouldn’t like to do the same?

Here’s a story I’ve told before but without the name. Lanny Davis was special counsel to the president in the Clinton administration and a personal friend of the Clintons. He called me shortly after I got to Microsoft to say how sorry he was that we’d missed each other as I was leaving Washington and how much he hoped to stay in touch. Oh yes, and he felt terrible about all the bad publicity and unfair government harassment my boss, Bill Gates, was getting. He would love to give him some help and advice. Could I put the two of them together? The answer, of course, was that I couldn’t. But the odd thing was that, at that point, I had never even met Lanny Davis.

10 Facts and Thoughts

1. Sting’s Symphonicities is a pretty good album.

2. Fact: If all of the coal in the lower 48 states were mined, it would be enough coal to last 3,800 years at current U.S. consumption levels.

3. Despite what Time thinks, trade works two directions. We get benefits not only for exports, but imports improve our lives as well.

4. Andruw Jones might be worth a few million if the Yanks decide to pick him up.

5. Installing a solid state drive as your main computer drive is a fantastic upgrade

6. NOAA says 2010 tied with 2005 for warmest year in the surface temperature record

7. NASA’s surface temperature record also sets a record in 2010

8. USA drops to 9th in the 2011 Index of Economic Freedom

9. 20% of the world’s phones use Gorilla Glass made by Corning in upstate New York

10. The Dragon Keeper by Robin Hobb starts slow

Things I Like–Dropbox

Drobox

It’s been a long time since I have written about a product that I have love. One of my favorite things is the web service Dropbox. I love Dropbox because “it just works.” Dropbox is simple—it creates a “Dropbox” folder on your computer and then automatically backs up and sync anything you put in that folder. And it does it all for free. 

Before Dropbox, when I did some work at home, I either had to save the file to a USB drive and remember to take it to work, or email the document to myself. The problem is that I frequently forgot to do either of these things and found myself at work without the file I had worked on for hours at home.  Now when I write a Word document at home for work, I save it to the Dropbox folder. Dropbox syncs the file to my work computer and when I get to work the file is ready to go (obviously Dropbox does the same things when I work on a personal document at work—it gets synced to my home computer). 

While Dropbox is dead simple, it also is a good value for money–you get 2 gigabytes of storage for free. You can pay for more storage space or, if you use this link to sign up, you will get an extra 250 megabytes for free, plus you’ll help give me an extra 250 megabytes too.

Check out Dropbox and you could be as happy as these figures from Dropbox’s website: