Author: Chip Bennett

  • Back in the Saddle

    Sorry for the interruption. I was implementing some internal changes on the web site. Everything should be working fine now, but if you notice anything amiss, please let me know!

  • We’re Under Contract!

    An update on our offer for the house in Saint Ann: the owner came back this afternoon with a counter, and we have accepted their counter! We are now officially be under contract.

    A little bit more about the house: it was built in 1920. The sale history indicates that it was foreclosed about a year ago, and then re-purchased by the current owner, who re-modeled and flipped it.

    We’ll find out for sure after the inspection, but the house looks to be in great shape.

    The front porch is adorable and inviting. We can really see ourselves sitting on the front porch a lot – perhaps even put in a hanging porch swing.

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    The front door opens into a very nicely sized family room.

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    The house has a room listed as the “dining room” but it is the walkway from the living room to the kitchen, and also opens to the stairs to the basement/side entrance. We think it would be too high-traffic for a dining room, but would work perfectly as a sitting room or library (we have several bookcases, and a ton of books). My parents have too kindly offered to give us two white love seat-sofas that they would like to replace, and we think that they will fit perfectly in this space.

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    The kitchen is large, clean, and open, and has all new appliances – matching Frigidaire refrigerator, dishwasher, and gas stove.

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    We will eventually want to change the cabinets and the counters, but that might be part of a bigger project later on. I could envision opening up the wall into the breakfast room, and adding more cabinets, and a counter/bar.

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    We think we will use part of the large breakfast room (21×8) partly for the dining room.

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    The basement has a workshop/storage area, and a large (17×20) finished area that we’ve not yet decided what to do with. It has a tile floor and plaster walls, and might make a good recreation or play room.

    If we had one complaint, it would be the size of the bedrooms. The main-floor master is only 13×9, and the two upstairs bedrooms are only 9×9. That said, the rest of the house has so much room, that we can use the bedrooms as just bedrooms.

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    The breakfast room opens onto a small porch, with steps down to a nice, slab patio.

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    In addition to all the room in the house, the property has a very nice, fenced backyard with plenty of trees, and even a small shed.

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    We’re incredibly excited to be making this step! If all goes according to plan, we will close Feb. 15th – which will give us two weeks to get moved out of the apartment and get it cleaned. Keep us in your prayers!

  • Almost Homeowners?

    We might be; today we put in an offer on a house in Saint Ann:

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    Photo taken from listing

    We should hear back tomorrow on our initial offer. Wish us luck! (More accurately, pray that our offer is accepted, or that we can come to a mutual agreement.)

  • Beware Sears Spyware

    Slashdot posts about Sears installing spyware under the guise of the “My SHC Community” service. Instead of an innocuous service, users who agree to install the software get ComScore spyware, including a software proxy capable of tracking every transaction performed on the internet – from web sites visited, to login credentials, to emails.

    More information from the CA Community Advisor Security Research Blog, which indicates that the spyware has been found on the sears.com and kmart.com websites.

    If you see a pop-up window soliciting participation in “My SHC Community” do not pass go, do not collect $200, close the pop-up. Better yet, avoid doing business – if at all possible – with companies that would attempt to install spyware (especially companies that do so as deceptively as this).

  • Lily Being Adorable

    I used vacation time for the three days after our New Year’s Eve/Day holidays, in order to have a week off from work. We’ve used the time just to spend together at home, for rest and recuperation. Lily has been especially adorable this week (maybe because she gets to spend ALL day with both Mommy and Daddy?), and I thought I’d share some pics of her adorableness:

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    Lily – seven months old
    Photo © Chip Bennett, all rights reserved.

    These are all part of the Lillian – Seven Months set.

  • Long-Overdue Picture Updates

    Sorry it’s been so long since updating photos. I’ve got everything caught up, and here’s a look.

    Here are the newest sets: Lily Five Months, Lily Six Months, Lily Seven Months, Las Vegas Trip, Christmas 2007.

  • Update: RIAA Still Completely Insane, Just Not Acting On It (Yet)

    Yesterday I wrote about an RIAA lawsuit against someone solely for ripping legally purchased music CDs. Engadget posted an update that the lawsuit is not for ripping CDs, but rather is one of RIAA’s garden-variety MP3 distribution lawsuits. A commenter on their previous post linked to the summary judgement that states as much.

    While I pointed out in the previous post that the RIAA still states its belief that ripping CDs – even for personal use – is a copyright violation, they (thus far) have yet to make that argument in court. Here is a key statement from the brief (pg. 6, lines 11-20 – emphasis added):

    Howell also objects to liability on the grounds that he owns compact discs (“CDs”) containing the disputed sound recordings and that he “translated” them to his computer for personal use. In support of this argument, Howell attached photographs of CDs and cases to his Response. However, the question is not whether Howell owned legitimate copies of some of the sound recordings on CD, but instead whether he distributed copies of the recordings without authorization. Howell’s right to use for personal enjoyment copyrighted works on CDs he purchased does not confer a right to distribute those works to others without Plaintiffs’ authorization. 17 U.S.C. § 106(3). As he admitted that the sound recordings were “being shared by [his] Kazaa account,” Howell is liable for distributing them in violation of the recording companies’ exclusive right.

    That said, given the RIAA’s rumblings, don’t b e surprised when they eventually sue someone merely for ripping legally purchased CDs.

    I would also point out something that may prove to be the impetus for not only the downfall of the RIAA’s war on consumers, but also for the application of current copyright law – and that is the application of current statutory damages for copyright infringement to MP3 distribution. Current law allows for damages from $750 to $30,000+ per infringed work.

    Given that the going rate for an MP3 is on the order of $1 per song, awarding a statutory damage of even the minimum $750 per song is absolutely outrageous – especially considering that the lawsuit is a case of distribution-by-making-available claim. Here, the RIAA made no effort to prove any actual distribution, but only that the defendant violated laws against distribution of copyrighted work merely by making it available in a publicly accessible, “shared” folder.

    Clearly, the RIAA here cannot show anything close to $750 per song in actual damages – and even if the award is considered punitive rather than statutory, the punishment far outweighs the crime. The RIAA’s continual pursuit of these statutory damage awards will not only result in a consumer revolt, but may actually lead to public outcry for a revision of the copyright law in question.

    Of course, music labels – and thus, the RIAA – are on the verge of going the way of the dinosaur. More artists will produce and distribute their works independently, cutting out the middlemen represented by the RIAA.

    IMO, it can’t happen soon enough.

  • WordPress 2.3.2

    The latest version of WordPress – version 2.3.2 – has been released. It is mostly a security update. Get it while it’s hot!

    Edit: Make that Version 2.3.2, not 2.3.1 – it’s late; I’m tired!

  • RIAA Officially Gives Paying Customers the Middle Finger

    Engadget links to a report that the RIAA is suing someone not for distributing digital copies of music, but for making personal digital copies of legally purchased CDs. Some of the quotes from the RIAA and their lawyers are amazing:

    “If you make unauthorized copies of copyrighted music recordings, you’re stealing. You’re breaking the law and you could be held legally liable for thousands of dollars in damages.”

    At the Thomas trial in Minnesota, Sony BMG’s chief of litigation, Jennifer Pariser, testified that “when an individual makes a copy of a song for himself, I suppose we can say he stole a song.” Copying a song you bought is “a nice way of saying ‘steals just one copy,’ ” she said.

    Like the defendant in this absurd lawsuit, I am confident that the courts will uphold what is clearly a fair use of copyrighted work. The RIAA will rue the day tha tthey brought this lawsuit – not only for their legal defeat, but also for the public relations nightmare that the suit will become.

    Note that this is not the first time the RIAA has made this argument. Of course, the last time it did so, it directly contradicted its own testimony before the U.S. Supreme court, in which RIAA lawyers stated:

    “The record companies, my clients, have said, for some time now, and it’s been on their website for some time now, that it’s perfectly lawful to take a CD that you’ve purchased, upload it onto your computer, put it onto your iPod.”

    Fair-use resources: EFF, Chilling Effects, Stanford Law

  • Rubin’s Most Recent Libel of ESC Opponents

    There are lies, damn lies and anything uttered by Donn Rubin.

    Mark Twain, paraphrased

    Missouri Coalition for Lifesaving Cures (sic) chairman Donn Rubin has already proven himself to be a spin master, but his latest screed is downright slanderous.

    In this op/ed piece (h/t Secondhand Smoke), Rubin lauds recent advancements in stem cell research, in which differentiated (adult) stem cells have been induced to revert to a pluripotent (i.e. “embryonic”) state. He then goes on to claim that Missourians who oppose embryonic stem cell and cloning research (actually, he refers to such opponents as “stem cell research opponents” – as usual, intentionally obfuscating the difference between research with adult and embryonic stem cells) would have stood in the way of the research that led to these advances.

    I think now is as good of a time as any for a good, old-fashioned, paragraph-by-paragraph fisking of Dehr Spinmeister.

    Anti-stem cell groups would deter successes.

    I defy Rubin to identify even one “anti-stem cell group.” To my knowledge, no such group exists. If it does, it is by no means mainstream, and is certainly no credible threat to ESC proponents in Missouri.

    Missouri Coalition for Lifesaving Cures lauds the stem cell advances occurring around the world as tremendous steps in medical science’s ongoing battle to cure disease, and we eagerly await further discoveries as scientists continue the ethical exploration of this new medical frontier.

    An excellent example is last month’s widely covered advances in Wisconsin and Japan where scientists were able to reprogram an ordinary skin cell to assume much of the versatility of embryonic stem cells. And, even more recently, this month scientists in London used embryonic stem cells to develop a stem cell “patch” to repair scar tissue from heart attacks and American scientists used embryonic stem cells as a novel way to test the safety of drugs.

    As the Secondhand Smoke post points out, the development of the “stem cell ‘patch’ to repair scar tissue from heart attacks” was in a Petri dish only.

    All of these advances demonstrate how important Missouri’s constitutional protections are, ensuring that our patients and families have the same access as other Americans to whichever approaches prove most successful and lead to the best medical treatments and cures.

    Amendment 2 provided no meaningful protection for either the research that led to these advances nor for any potential treatment derived from them. Neither the research nor derived treatments were or have been threatened. The debated has always concerned Somatic Cell Nuclear Transfer (SCNT, a.k.a. cloning) in order to create viable human embryos for the express purpose of being destroyed in order to harvest pluripotent, embryonic stem cells. The research Rubin cited did not involve anything in that debate.

    Moving on – all that was just Rubin’s wind-up; now we get to his screwball:

    If stem cell research opponents had their way, none of this outstanding science would have been possible. Ironically, they would have blocked the very groundwork that led to the technique they now seem to embrace — the reprogramming of ordinary skin cells into embryonic-like stem cells.

    Again, there are no such “stem cell research opponents” but rather opponents of human cloning and embryo-destructive research. In fact, many of us in that camp have very adamantly expressed that we must center our debate not on the ethical nature or efficacy of research involving embryonic stem cells themselves, but rather on the ethical nature and necessity of human cloning and the destruction of viable human embryos for the purpose of that research.

    Further, “reprogramming of ordinary skin cells into embryonic-like stem cells” in no way involves either human cloning or the destruction of viable human embryos; rather, it involves induction of a normal, differentiated skin cell into a pluripotent state.

    But Rubin doesn’t stop there:

    For years, anti-stem cell groups in Missouri have discounted the unique lifesaving potential of embryonic stem cells, dismissing evidence presented by the vast majority of leading medical and patient organizations. We’re glad to see that they are beginning to accept this lifesaving potential.

    (Still waiting for Rubin to identify one of these “anti-stem cell groups in Missouri”…) To the contrary, we have not “discounted the unique lifesaving potential of embryonic stem cells” – with the exception of the uniqueness of that potential. Again, we do not oppose research involving pluripotent (even embryonic) stem cells; rather, we oppose the cloning and/or destruction of human life in order to obtain those stem cells.

    As for the “unique lifesaving potential” of ESCs, if that potential had been demonstrated sufficiently, the research would have support from the normal means of funding: the private sector; however, the private sector has indicated – by virtue of the direction of its funding – that it believes in the potential of adult stem cell research. Ironically, it is Rubin and his ilk that continue to ignore and discount the future potential and already proven efficacy of adult stem cells.

    They may have joined the bandwagon in celebrating a single technique, but they fail to acknowledge that the advance with reprogrammed cells was merely an initial step that can only achieve its medical potential through additional embryonic stem cell research. The scientists who led these advances, James Thomson of Wisconsin and Shinya Yamanaka of Japan, have stated clearly and unequivocally that all stem cell research must continue. It would be a tragedy if their successes were misused to cut off other important avenues of medical research.

    Rubin makes absolutely no sense here. Why would research that neither started nor ended with embryonic stem cells require “additional embryonic stem cell research”? And Rubin outright lies about Yamanaka’s beliefs on the subject of continued embryonic stem cell research. This International Herald-Tribune article (h/t ProLifeBlogs) quotes Yamanaka (emphasis added):

    Yamanaka was an assistant professor of pharmacology doing research involving embryonic stem cells when he made the social call to the clinic about eight years ago. At the friend’s invitation, he looked down the microscope at one of the human embryos stored at the clinic.

    The glimpse changed his scientific career.

    “When I saw the embryo, I suddenly realized there was such a small difference between it and my daughters,” said Yamanaka, 45, a father of two and now a professor at the Institute for Integrated Cell-Material Sciences at Kyoto University. “I thought, we can’t keep destroying embryos for our research. There must be another way.

    And again (emphasis added):

    He said he had never handled actual embryonic cells himself, and the American lab uses them only to verify that the reprogrammed adult cells are behaving as true stem cells. “There is no way now to get around some use of embryos,” he said.”But my goal is to avoid using them.

    Far from having stated “stated clearly and unequivocally that all stem cell research must continue,” Yamanaka clearly and unequivocally wants to eliminate the need for the use of embryos for stem cell research – in fact, by his very words, it is his goal. Rubin’s misuse of Yamanaka’s research advances and intent in order to bemoan the alleged misuse of those advances moves beyond irony into audacity. It is simply beyond the pale for Rubin – who repeatedly dismisses embryos as “cells in a Petri dish” – to mis-characterize the intent of Yamanaka – who has stated that he sees little difference between a research embryo and his own daughters.

    Not only has Rubin no respect for the sanctity of all human life, but he also has no shame.

    In the following statement, Rubin hoists his over-used canard, in this case, a tripartite reiteration:

    If those seeking to repeal Missouri’s constitutional stem cell protections get their way now, they would block the important research required to bring the new technique to its full lifesaving potential.

    Those whose aim it is to ban all embryonic stem cell research in Missouri cannot have it both ways. They cannot continue to oppose the very research that is required to achieve the lifesaving goals that they now claim to embrace.

    Those who threaten to repeal Missourians’ access to stem cell research should step back and allow scientists to conduct the work necessary to achieve the goals that I hope we all share — to cure disease and improve the lives of patients and families.

    There you have it: Rubin’s imagined opponents desire to “repeal Missouri’s constitutional stem cell protections,” to “ban all embryonic stem cell research in Missouri,” and to “repeal Missourians’ access to stem cell research.”

    We’ve covered this one, but one more time, for the sake of thoroughness: we do not wish to repeal Missouri’s constitutional stem cell protections (per se – I have no problems with protecting stem cell research, though I don’t believe such an issue has any place in a state constitution; it is a constructionist matter, not a moral one). We do, however, wish to repeal Missouri’s constitutional protection of human cloning. Further, the repeal of that protection would in no way whatsoever impact research such as Dr. Yamanaka’s, since his research neither began with nor resulted in an embryonic cell of any kind – much less, one procured through the destruction of a cloned human embryo.

    Neither do we wish to ban all embryonic stem cell research in Missouri. We do wish to ban all human cloning, and oppose the destruction of human embryos for such research. Further, we oppose public funding of such research – and therein lies the key issue, and the Stowers (and other ESC researchers) cannot get sufficient private-sector funding, and want the government to foot the bill.

    Likewise, we in no way wish to repeal Missourians’ access to stem cell research. We fully support research involving adult stem cells, and any other research not involving the destruction of human embryos. We also support their right to seek private funding for whatever legal research they wish to pursue.

    Rubin shows his usual lack of honesty and forthrightness; however, in this piece Rubin displays outright slander of his “opponents” and an intentional misrepresentation of Dr. Yamanaka’s intentions.

    Donn Rubin is a liar. I only wish I could see what Mark Twain would actually have said about him.