No, The Trump Campaign Is Not “Stealing” Neil Young’s Songs

Despite what you may have read, Neil Young is being a jerk.  This month, the singer sued the Trump campaign over its use of “Rockin’ in the Free World” and  “Devil’s Sidewalk,” both of which were played at a Trump  rally in  June. In his suit, the musician accused the campaign of copyright infringement for playing the tracks without a license, and asked for the campaign to be ordered to stop using them, as well as for statutory damages.

It’s a dishonest suit. The real reason for it is also in the complaint, in which he says Young “cannot allow his music to be used as a ‘theme song’ for a divisive, un-American campaign of ignorance and hate.”

Of course, it is the party Young’s sympathies presumably  lie with that have been inflicting hate and ignorance on the U.S., but never mind.

Young was on sounder legal and ethical ground in 2018, when he wrote that he had  no legal recourse to stop Trump from using his music, writing on his website, “Legally, he has the right to, however it goes against my wishes.”

Well too damn bad, Neil. You sold your right to have your wishes obeyed in such matters. You’re just virtue-signaling, and I hope the Trump Campaign counter-sues.

Campaigns purchase the same right to play songs that radio stations, shopping malls  or concert halls do by paying for blanket licensing deals with licensing companies like ASCAP and BMI. They act as agents of artists to sell the public performance rights for millions of songs on their behalf, including Neil Young, in exchange for a fee. Campaigns purchase special licenses , allowing them to use songs at venues around the country.  The licensing organizations’ consent decrees with the Justice Department preserve a fair marketplace by requiring them to offer their catalogs of songs to any “similarly situated” party that wants to use the music. Continue reading →

Discrimination Against Asian American Students Is Discrimination Against Asian American Students: Why Is This Even Debatable?

The Trump administration has  fingered  Yale as discriminating against Asian-American and white applicants, just as an Asian-American student group had made the same claim in lawsuits against Harvard, the University of North Carolina at Chapel Hill, and a recently filed case against the University of Texas at Austin. A federal judge ruled in Harvard’s favor last year, but i do not believe the decision will stand up on appeal, since it is dishonest and illogical. The Trump Administration is supporting the plaintiffs as it should…as everyone should.

I wrote about the Harvard decision here.  As you would expect, the analysis differs not at all from the ethics verdict regarding Yale’s discrimination, which is similarly indefensible. Also as you might expect, the “it isn’t what it is” rationalization (#64!) is rampant while the usual suspects try to defend it now, when the Black Lives Matter mob is demanding discrimination in favor of African Americans in all things—hiring, promotions, ring, college admissions, arrests, prosecutions, casting, honors, running for Vice-President—as if that is anything but racism, flat-out.

The New York Times–of course–is and will be embarking on a course of trying to obscure the obvious right and wrongs of the situation, as well as engaging in some ethics  jujitsu to make out the Trump Administration and anyone who thinks that no discrimination on the basis of race means no discrimination on the basis of race  as racist villains.  In this article, for example, the Times attempts or enables several dishonest arguments to discredit what should be self-evident, including… Continue reading →

Afternoon Ethics Afterthoughts, 8/14/2020: The Great Stupid, And Other Problems

MAD-ness! MAD-ness!

1. This isn’t stupid, it’s just disturbing. Kevin Clinesmith, a top FBI lawyer who fabricated evidence in the federal  warrant used to spy on the  Trump campaign through Carter Page will plead guilty to federal charges brought by U.S. Attorney John Durham.  His plea will  admit to deliberately fabricating evidence in a Foreign Intelligence Surveillance Act warrant application. 

Clinesmith is the first individual to be charged as part of U.S. Attorney John Durham’s investigation into the efforts  to spy on the Trump campaign and Trump administration. Both Durham and Attorney General William Barr have stated that they had reason to believe the entire investigation of the President, which allegedly began in late July of 2016, was illicit and unjustified.

Expect the news media, in collaboration with Democrats, to bury, spin, deny and otherwise attempt to mitigate the sinister implications of this development, and those to follow. Continue reading →

Among All The Smoking Guns Showing The Mainstream Media’s Willingness to Lie Outright To Impugn President Trump, This Might Be The Smokingest

Here’s a sequence from yesterday’s news conference:

Watch it, please. Here’s a summary of what transpires:

Step 1.:  A reporter asks the President about his thoughts on the theory floated by a Constitutional law professor in Newsweek that Kamala Harris shouldn’t be considered a ‘natural born citizen” and thus technically isn’t eligible to be Vice-President or President.

Step 2: The President offers no opinion on it whatsoever, and makes it clear he didn’t read the article (who reads Newsweek?). He says 1) he heard about it 2) it is his understanding that the author is a genuine authority 3) he doesn’t know what the guy actually argued (Trump asks the reporter if the problem is that Harris “wasn’t born” in the U.S.)

Step 3.The reporter quickly summarizes the professor’s point.

Step 4. The President says, first, that he has no idea if the professor’s claims are right, and  concludes by saying he “doesn’t know about it” that he “just heard about it” and will “take  a look.”

And Step 5?

CNN headlines, “Trump promotes another birther lie, this time about Kamala Harris”

Reporter wrote,

” President Donald Trump spent years pushing lies about the birthplace and presidential eligibility of President Barack Obama, the first Black president. On Thursday, he started floating a new birther lie about Sen. Kamala Harris, who, if elected, would be the first Black and Asian American vice president. Trump’s incendiary nonsense about Harris was part of a Thursday self-described “news conference” he largely used to campaign against his Democratic election opponents…”

Three reporters wrote this completely false story, and CNN published it!

Let’s count the lies: Continue reading →

In Honor Of Our New Dog Spuds, A Timely Ethics Alarms Encore: “Unethical Website of the Month: Dogsbite.Org”

That’s not Spuds above; that’s Brad Pitt’s wonderful Staffordshire Terrier in “Once Upon A Time In Hollywood,”, one of many breeds dog ignoramuses lump into the category of “pit bull.” Spuds, whom we brought home today, is almost certainly at least part American Pit Bull Terrier, like the dog in the “Our Gang” comedies, but we’ll know better when he gains back more of the weigh he lost when his owner stopped feeding him. Here he is in our kitchen tonight..

Since he is among the  types of dog who will be subjected to the breed bigotry that has led to the deaths of so many smart, loyal, affectionate and harmless dogs across America and Europe, I’ve decided to re-post this essay from 2015. It is the all-time champion Ethics Alarms post for comments, with 339 and counting. It is also the post that has continued to attract comments the longest after a post went up: the last flurry of reactions from anti-pit bull hysterics was in February of this year.

***

Unethical Website of the Month: Dogsbite.Org

This despicable website, created by phobics, liars, fools and bigots to promote dog breed prejudice and persecution of responsible dog owners, is discredited by the vast, vast  majority of dog experts, breeders, and people with any knowledge of dogs. It is useful in a way, in that its rhetoric mirrors that of the anti-Jewish, final solution advocates of the Nazi regime, and the most virulent American racists, like the KKK. (A dog breed is exactly like a human race.) It also apes the logical fallacies of those who want to ban guns or engage in racial profiling.

Although a mass of data and history proves that pit bull-related breeds are no more inherently dangerous than any powerful breed and arguably less, Dogsbite.Org is leading a vendetta against both the breeds and lawful, loving owners, reasoning that dogfighting uses pit bull-type breeds, and pit bulls used for fighting are more likely to be dangerous (as any dog so abused  may be), so to kill two birds with one stone, it makes sense to wipe out not just any individual dangerous dog of the type but any dog that is a hybrid of the a “pit bull breed” and any dog that looks like what people think is a “pit bull”, in part because there is no such breed as “pit bull.” Continue reading →

Morning Ethics Warm-Up, 8/13/2020: Kamala Harris Selection Hangover Edition [UPDATED]

Hi!

In the 1945 drama “The Lost Weekend,” Ray Milland (above) played alcoholic Don Birnam, and won  the Oscar for Best Actor. The film also won the Oscar for Best Picture. Have you ever seen it? The film is virtually never shown on TV. Milland is another one of the once major Hollywood stars who are almost completely forgotten today, a fascinating group that includes Claire Trevor, Fredric March, Irene Dunne, John Garfield, and Norma Shearer, among others. If their major works were in black and white, they weren’t lucky enough to star in a film regarded as a classic, and they didn’t have a popular TV show when their movie career waned, the culture just forgets about them….and loses as a result. How many non-film nerd Americans under the age of 40 could recognize any of those actors, never mind all of them?

1. Nothing to see here: move along! Yesterday it was reported that the Democratic Party purchased the Antifa.com domain, and that clicks on the link went directly to the Biden campaign site. I checked: it did. Then, by 5:30 pm, the Biden redirect was eliminated. Res ipsa loquitur!

UPDATE: I’m putting an official question mark on this one. It is true that the Antifa.com went to Biden’s site, but that could have been a partisan dirty trick.  Of course, if true, this is the kind of story that the mainstream media would bury. If it was a set-up, it’s the kind of story the right-leaning media would credulously report as proof of Democratic de facto embrace of violence.

Trustworthy, objective journalists would be nice…

2. The vise tightens...Yesterday I noted that colleges and universities were increasingly cancelling their acceptances of students based on revelations of their past social media posts. In one case, Liberty Woodley, 17, the 2020 valedictorian of her high school class in Cape Coral, Florida., had accepted an offer to attend the University of Florida. Then a self-righteous and vicious  actress and “influencer” named Skai Jackson last month asked her more than 500,000 Twitter followers to send her screenshots of  “hateful” social media posts, so she could wrck lives and inflict pain on strangers. Someone sent in one of Woodley’s old Instagram posts in which she wrote when she was 16.

“I really try so hard not to be a racist person, but I most definitely am, there’s no denying it,” it said. Based on that, her acceptance was revoked.

 In an interview with The Gainesville Sun,  Liberty explained that had written the post out of anger at a time when she was being constantly bullied by some black classmates. “I am not racist at all, and I am not full of hate,” she said.  Well, there’s a Catch-22 for you! Oprah Winfrey and others are haranguing whites to admit their inherent racism as a first step to addressing “systemic racism,” but if they do what is asked, it means they are hateful and must be cancelled.

What do you want to bet that Liberty will vote for all Democrats in November? Continue reading →

It looks Like Biden Has The Hypocrite Vote Locked Up!

Shaun King is a social justice warrior star and a Black Lives Matter shill. As far as I can determine, King is black the way Elizabeth Warren is Cherokee. Never mind: he has built his career on identifying as a victimized person of color because, he says, his mother told him his father wasn’t the white man on his birth certificate, but a light-skinned black man. For many, many reasons, I wouldn’t trust anything Shaun King  says or writes, nor would I trust him to mail my water bill. One litmus test for me: he still claims Mike Brown was murdered by a racist cop. He is the very model of a modern major advocate of “Facts Don’t Matter.”

Here, next to King’s tweet about Biden and Harris from two years ago,  is his tweet yesterday celebrating Super-Hypocrite Kamala Harris’s selection as Joe Biden’s running mate.

To be fair, did say 1%. Continue reading →

Lunchtime Ethics Warm-Up, 8/11/2020: The “Preparing To Welcome A New Dog” Edition

My wife and I will finally be welcoming a new dog into the family tomorrow. It’s been more than a year since we lost Rugby, and it was time–for me, way past time. We met “Spuds” yesterday, who was being cared for by a wonderful woman who rescues and fosters abused and neglected dogs. Poor Spuds was given up to one rescue organization by his owner as a puppy, then adopted by a horrible woman who kept him in a tiny room and seldom fed him. A month ago, when he was removed from this monster’s home, he was about 20 pound underweight and suffering from malnutrition. You wouldn’t know it to meet him. Spuds is all white with a brown spot over one eye and flip-over ears, obviously some kind of pitbull-terrier mix.  He’s 2 and a half year’s old, and, incredibly, trusting and eager to make friends with all dogs and people. He still has some rehabilitation to go through, but he’s a lively, athletic, loving dog with a sweet temperament, almost Rugby-like, but twice the size. Perfect.

1. “Nah, teachers aren’t out to indoctrinate children!”  Matthew Kay, who teaches English at Philadelphia’s Science Leadership Academy, wrote on Twitter that he is concerned about parents over-hearing their children’s Zoomed instruction from teachers like him:

“So, this fall, virtual class discussion will have many potential spectators — parents, siblings, etc. — in the same room. We’ll never be quite sure who is overhearing the discourse. What does this do for our equity/inclusion work? How much have students depended on the (somewhat) secure barriers of our physical classrooms to encourage vulnerability? How many of us have installed some version of ‘what happens here stays here’ to help this? While conversations about race are in my wheelhouse, and remain a concern in this no-walls environment — I am most intrigued by the damage that ‘helicopter/snowplow’ parents can do in the host conversations about gender/sexuality.” And while ‘conservative’ parents are my chief concern — I know that the damage can come from the left too. If we are engaged in the messy work of destabilizing a kid’s racism or homophobia or transphobia — how much do we want their classmates’ parents piling on?”

I have long advocated parents auditing their child’s classes just to prevent the kind of “teaching” Kay apparently engages in. It’s a basic tenet of practical ethics that if someone is a afraid of conduct becoming known, they know what the are doing is wrong, or may be viewed as wrong. Teachers have no justification for hiding the content of their classes from parents.

When Kay’s sinister comments prompted what should have been predictable criticism, he made his Twitter account private. Of course he did.

2. I saw this, thought it was too silly for words, then reader Michael sent me a link, and now I have to flag it.   I’ve seen “Kindergarten Cop” several times; it’s one of my wife’s favorites, and one of “Ahnold’s” best. The unlikely story of a huge police detective with an Austrian accent going undercover as a kindergarten teacher to catch a criminal before he can  kidnap and harm his estranged wife and their child, it’s funny and sweet, and intermittently exciting. However police-o-phobia is rampant during The Great Stupid, especially among hysterics and anarchists. So now that benign film has been declared dangerous.

Willamette Week reported that the movie was pulled from its slot at the Northwest Film Center’s drive-in summer cinema series in Portland after it was called offensive by deranged local author Lois Leveen. “There’s nothing entertaining about the presence of police in schools, which feeds the school-to-prison pipeline” she tweeted. Yes, that’s all it takes now for spineless administrators to cancel people, art, entertainment, anything.

Leveen even provided a perfect opening to shut her down with a curt, “You need help, Lois. Really. Trust us on this. This is pathetic” when, in an email, she compared “Kindergarten Cop” to “The Birth of a Nation.”

Right, Lois. And “Toy Story” is like “Triumph of the Will.” Continue reading →

OK, What’s Going On Here?

In the Washington Post yesterday, the Washington Post’s Sunday “Outlook” section included an op-ed in which  Lawrence Downes,  a former member of the New York Times editorial board, enthusiastically wrote about his new pastime:

[I have] right-wing culture war books from the Fox-News-angry-White-person’s superhero universe. Besides Hannity, I’ve got Lou Dobbs, Michelle Malkin, Ann Coulter, Laura Ingraham, Rudy Giuliani and Bernie Kerik. The list is not comprehensive. It includes Karl Rove and Hugh Hewitt but not Newt Gingrich, Tucker Carlson or Donald Trump…The Fox folks seemed so bilious and out of place in that pleasant company, like toadstools among the daffodils. So I’d buy them up and take them home. Not for reading, which brought no pleasure, but for quarantine. The books are dispatches from a phony war, the one Rupert Murdoch and Roger Ailes helped gin up and got obscenely rich on. If you believe, as I do, that the plutocrat propagandists of Fox, talk radio and the GOP are lying liars who have vandalized our politics and country, then finding a Hannity or Ingraham book is like finding one of their bricks. The books piled up in my basement, out of circulation (which was the point) but always naggingly present, like asbestos. I wanted to be rid of them. And yet I paused, because even contemplating destroying books felt terrible…

I hit on the answer…. About once a week, I tear them into strips. I add them to the coffee grounds, potato and carrot peelings, onion and avocado skins, asparagus stubs, the papery bits of garlic, eggshells and dead flowers, and let the worms do the rest…

Turning propaganda into worm castings is not going to measurably reduce the amount of Fox News-iness in the environment. It is not strictly necessary. But if Hannity and company want to keep telling us that we are all at war, to keep stoking the flames and fanning the fear, then, for the good of this country, the people we love, the democracy we might lose and the world we want, so be it.

What’s going on here? Continue reading →

Monday Morning Ethics Warm-Up, 8/10/2020: Stelter Gaslighting, “Neither Rain Nor Snow,” A Good Lawsuit, And Orwellian Marketing [CORRECTED!]

Goooood Morning!

The song is from one of my favorite Broadway cast albums. The show (which I directed in college) is something of a mess, but the songs are terrific. Anthony Newley was a talented songwriter (with writing partner Leslie Bricusse) and a triple threat performer who was just a little bit too intense for some people. Among his best known songs with Bricusse are “The Candyman,” “Feelin’ Good” (from “Greasepaint,”) “Gonna Build A  Mountain” and “What Kind of Fool Am I?” (from “Stop the World, I Want To Get Off.” “On a Wonderful Day” is sung on the album by Cyril Richard, whom older readers will remember as the definitive Captain Hook, menacing Mary Martin in the live TV versions of “Peter Pan.”

1. This is wonderfully hilarious. Brian Stelter strikes again. From his CNN show yesterday:

STELTER: “When you see entire media companies essentially exist to tear down Joe Biden, is there an equivalent of that on the left, tearing down Trump?”

GUEST: “There really isn’t.”

Do any CNN viewers really believe this? How much gaslighting can a CNN talking head get away with?

2. Res Ipsa Loquitur. Running a small business trying to struggle through the lockdown when our main income is from live presentations, my wife and I are finding cash flow tougher than ever. Today we were alerted by the USPS that a large check we have been waiting for was delivered two days ago. (It wasn’t.) A few weeks back, we received what looked like an important letter addressed to someone in Spokane, Washington. Yet I will be encouraging voter suppression if I suggest that mail-in ballots are a disastrous idea.

It’s interesting: the same people who insist that the United States is out of step if it doesn’t emulate “other developed nations” in such matters as government health care and banning capital punishment are oddly silent about the overwhelming hostility to voting by mail in Europe. Paul Bedard points out,

Most developed countries, especially in Europe, ban mail-in voting to fight vast fraud and vote buying that had threatened the integrity of their elections, according to an exhaustive review of voting rules and histories in over 30 major nations. In the European Union, 63% have put a ban on mailing in ballots except for citizens living overseas. Another 22% have imposed a ban even for those overseas. And most of those that allow mail-in ballots require some form of photo ID to get one, according to the report from the Crime Prevention Research Center shared with Secrets. “These countries have learned the hard way about what happens when mail-in ballots aren’t secured. They have also discovered how hard it is to detect vote buying when both those buying and selling the votes have an incentive to hide the exchange,” said author John R. Lott, the center’s president.

Meanwhile, we don’t have to rely on Europe’s example to figure out this is a terrible and dangerous idea. From NBC:

More than 1 in 5 mail-in ballots were rejected in New York City during the state primary June 23, the city’s certified election results revealed this week. City election officials rejected 84,000 ballots — 21 percent of all those received by election officials. More than 403,000 ballots were returned to election officials, according to city data, but only about 319,000 absentee ballots were counted, the certified results showed… The U.S. Postal Service, unused to the deluge of prepaid mailers, reportedly left postmarks off ballots, leaving thousands of them to be rejected because it was unclear they were sent on time.

If I were conspiracy-minded, I’d suspect that Democrats want chaos in the November election–all the better to reject the results and take to the streets. Continue reading →