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<title>Techdirt. Stories filed under &quot;michigan&quot;</title>
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<image><title>Techdirt. Stories filed under &quot;michigan&quot;</title><url>http://www.techdirt.com/images/td-88x31.gif</url><link>http://www.techdirt.com/</link></image>
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<pubDate>Mon, 11 Mar 2013 10:03:06 PDT</pubDate>
<title>Michigan Bets The State Pension Fund On Hollywood Success, Ends Up Stuck With The Tab</title>
<dc:creator>Tim Cushing</dc:creator>
<link>http://www.techdirt.com/articles/20130310/18115822273/michigan-bets-state-pension-fund-hollywood-success-ends-up-stuck-with-tab.shtml</link>
<guid>http://www.techdirt.com/articles/20130310/18115822273/michigan-bets-state-pension-fund-hollywood-success-ends-up-stuck-with-tab.shtml</guid>
<description><![CDATA[ <p>
We've written before about cities and states luring Hollywood studios with multimillion dollar subsidies in the hopes of giving their local economies a bit of a bump. In nearly every case, this has been a money loser for the locale involved. A 2010 <a href="http://www.techdirt.com/articles/20121205/09153021240/state-subsidies-to-hollywood-almost-every-program-has-been-dismal-failure-costing-taxpayers.shtml" target="_blank">Tax Foundation study</a> found that most states were lucky to see $0.20 in revenue from every dollar handed out. And yet, this surefire money loser remains incredibly popular.
<br /><br />
The latest case of self-victimization belongs to the state of Michigan, <a href="http://reason.com/blog/2013/03/08/oz-the-great-and-subsidized" target="_blank">which lured the production of "Oz The Great and Powerful" to the state with a $40 million subsidy</a>.
<blockquote>
<i>Michigan has <a href="http://www.michigan.gov/documents/treasury/IIT_2010_393395_7.pdf" target="_blank">4.5 million</a> individual taxpayers, and the state gave the film studio $39.7 million to shoot the movie in Pontiac. That works out to a subsidy of $8.82 per taxpayer while average ticket prices nationwide are <a href="http://mediadecoder.blogs.nytimes.com/2013/02/12/slight-increase-in-average-movie-ticket-price/" target="_blank">$7.96</a>.</i>
<br /><br />
<i>The subsidy was granted in 2010 when the program refunded up to 42 percent of Michigan expenses to film makers &mdash; essentially a check from the treasury to Hollywood studios. The program expired, but the Legislature, dominated by Republicans, <a href="http://www.michigancapitolconfidential.com/16182" target="_blank">overwhelmingly decided to keep it around</a>.</i></blockquote>
As the article points out, the studio basically received paid admission from every taxpayer in the state. But that $40 million was apparently just a "good start," because the state soon found the studio knocking at its door again, cap in hand.
<blockquote>
<i>As part of the financing process, the filmmakers wanted to borrow about about $18 million in municipal bonds. In order order to do that, they needed a backer. So the state stepped in, and agreed to use its state worker pension funds as a guarantee. "If the investors failed to pay," the New York Times <a href="http://www.nytimes.com/2012/12/04/us/when-hollywood-comes-to-town.html?pagewanted=all" target="_blank">reported</a> in a piece on the deal last December, "the retirees would be on the hook."</i></blockquote>
One would expect a Disney-backed venture to be able to scrounge up payments on an $18 million loan simply by digging around in the couch cushions. But one would be mistaken.
<blockquote>
<i>Michigan Motion Pictures Studios, which is being celebrated in the local media for having made the movie, "Oz The Great and Powerful," <a href="http://www.michigancapitolconfidential.com/18379" target="_blank">in Pontiac</a>, has missed its last three payments on $18 million in bond obligations...</i>
<br /><br />
<i>According to state officials, the state retirement system has made three payments since February of last year totaling $1.68 million. </i></blockquote>
This isn't good news for the state's pension fund, which is already underfunded by several billion dollars. It's pretty much guaranteed that the state will never recover the entire $58 million given to Michigan Motion Pictures Studio, either in the form of added revenue or even loan payments, for that matter. And Michigan should know better. According to the study mentioned in the first paragraph, Michigan's return-on-investment sits at $0.11 per subsidy dollar.
<br /><br />
But Michigan Motion Picture Studios (formerly Raleigh Studios) can explain. You see, it was doing just fine... <a href="http://www.michigancapitolconfidential.com/18384?utm_source=Mackinac+Center+Publications&#038;utm_campaign=dd8146ef0b-MichCapCon_12_28_2011&#038;utm_medium=email" target="_blank">until the state decided to cut its allowance</a>.
<blockquote>
<i>In March 2012, Raleigh Studio's then-chief financial officer Steve Lemberg blamed the studio&rsquo;s financial struggles on the film tax credit being reduced.</i>
<br /><br />
<i>The state reduced the tax credit from $100 million when the studio was being built in 2011 to $50 million last year. Gov. Rick Snyder has $25 million budgeted for tax credits this year.</i></blockquote>
There's something inherently flawed with a business model that relies heavily on being handed free money in exchange for the vague promise that a small percentage of it will be pumped back into the local economy. But I suppose it could be worse. <a href="http://www.mackinac.org/16977" target="_blank">Much, much worse</a>.
<blockquote>
<i>The city of Allen Park recently <a href="http://www.michigancapitolconfidential.com/16734" target="_blank">requested an emergency manager</a> after losing what will turn out to be tens of millions of dollars on a failed movie studio project that promised to create 3,000 jobs. It created none and left the town nearly bankrupt.</i></blockquote>
That's the sort of thing that happens when politicians get stars in their eyes and roll out a red carpet made of constituents' money. The best case scenario is still a money loser, as any economic effects are brief and underwhelming. The worst case scenario is taxpayers are on the hook to bail out their own pension funds or, in the case of Allen Park, their hometown.
<br /><br />
</p><br /><br /><a href="http://www.techdirt.com/articles/20130310/18115822273/michigan-bets-state-pension-fund-hollywood-success-ends-up-stuck-with-tab.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130310/18115822273/michigan-bets-state-pension-fund-hollywood-success-ends-up-stuck-with-tab.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130310/18115822273/michigan-bets-state-pension-fund-hollywood-success-ends-up-stuck-with-tab.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>you-can-only-take-my-money-for-so-long,-before-you-take-it-all!</slash:department>
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<pubDate>Tue, 4 Dec 2012 08:55:49 PST</pubDate>
<title>$1.5 Billion In Taxpayer Funds Go Directly To Movie Studios Each Year... And Very Few Jobs Created</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20121204/03352421220/15-billion-taxpayer-funds-go-directly-to-movie-studios-each-year-very-few-jobs-created.shtml</link>
<guid>http://www.techdirt.com/articles/20121204/03352421220/15-billion-taxpayer-funds-go-directly-to-movie-studios-each-year-very-few-jobs-created.shtml</guid>
<description><![CDATA[ If you've been following MPAA boss Chris Dodd ever since the death of SOPA, you'll be aware of his stump speech.  He seems to give it <i>every chance he can</i>: "the movie industry is all about jobs, jobs and more jobs."  Of course, he lies about the number.  He usually <a href="http://www.techdirt.com/articles/20121003/01003820577/chris-dodd-hollywoods-most-predictable-dissembler.shtml">trots out</a> his favorite 2.1 million figure, ignoring the fact that the Congressional Research Service showed it's really <a href="http://www.techdirt.com/articles/20111212/02244817037/congressional-research-service-shows-hollywood-is-thriving.shtml">374,000</a> people employed in the movie business. 
<br /><br />
What isn't mentioned so much (though, it depends on the audience) is the fact that various tax subsidies that different states pay to movie studios means that <a href="http://www.nytimes.com/2012/12/04/us/when-hollywood-comes-to-town.html?pagewanted=all&_r=0" target="_blank">$1.5 billion in taxpayer money <i>goes straight to Hollywood studios</i></a>.  Perhaps that would be justifiable if it created jobs.  But the evidence there is actually lacking.  That link involves the NY Times looking closely at Michigan, which not too long ago put in place massive subsidies for Hollywood to make movies in their state. The cost? Suffering Michigan citizens foot the bill.  However, Michigan Governor Jennifer Granholm thought it was worth it because a local movie director wanted more work at home (and because, when she was younger, she had hoped to be a movie star).  Lots of studios are looking to make movies in Michigan now, because the cash back from the state is way too lucrative to pass up.
<blockquote><i>
Within two months, 24 movies had signed up to film in Michigan &#8212; up from two the entire year before. The productions estimated that they would spend $195 million filming there, and in return they would be refunded about $70 million in cash.
<br /><br />
Before long, residents were rushing out on their lunch breaks to catch a glimpse of celebrities like Drew Barrymore, who was filming her movie &#8220;Whip It&#8221; in Ann Arbor, and Clint Eastwood, who was shooting &#8220;Gran Torino&#8221; in the Detroit area. Even Michael Moore, who was filming a movie about corporate welfare called &#8220;Capitalism: A Love Story,&#8221; sought and received incentives.
</i></blockquote>
But does it create jobs?  Not really.  The story is horrifying.  It involves Hollywood hotshots continually demanding more and more subsidies from the state and insisting that jobs would be plentiful as soon as they could get things up and running, but balking any time anyone asked them to put the job promises in a contract:
<blockquote><i>
Ms. Granholm declared the city in a financial crisis in February 2009 and appointed an emergency manager, Fred Leeb. The city&#8217;s budget was $54 million a year, but it was overspending by an estimated $7 million to $12 million. Pontiac was also still weighted down by old incentives it had given to businesses like G.M.
<br /><br />
The movie studio was an added challenge, since it was seeking financial incentives from the city &#8212; not to mention from other branches of the government. It won redevelopment tax credits from the federal government and separate aid from the state that included incentives for technology companies that hire residents.
<br /><br />
Job creation became a point of contention with beleaguered Pontiac, which was being asked to waive virtually all property taxes for the studio. The investors claimed that thousands of people would be employed, but Mr. Leeb said that when he asked for job numbers to be written into the contract, the investors refused. &#8220;We started seeing some backpedaling,&#8221; said Mr. Leeb, who added that the negotiations featured &#8220;knock-down, drag-out fights.&#8221;
</i></blockquote>
But wanting to bring the big lights of Hollywood to Michigan, eventually the state agreed to it.  Who paid for the subsidies?  Former state workers basically were forced to bet their pensions on Hollywood:
<blockquote><i>
Over the objections of some local officials, the state agreed to use the state workers&#8217; pension funds to guarantee the bonds. If the investors failed to pay, the retirees would be on the hook.
</i></blockquote>
And the promised jobs?  Keep looking.  Sure, some crews from LA flew in, but for locals?  <b>Almost none</b>.
<blockquote><i>
The studio had created only 200 positions by the summer of 2011, according to correspondence between the company and local officials. And when temporary construction workers were excluded from the tally, Pontiac&#8217;s records show, <b>the studio reported only two employees in 2010 and 12 the next year. </b>
</i></blockquote>
Earlier, in the article, they note that this particular project was pushed through with the promise of <i>3,600</i> jobs.  You don't do that by hiring two people one year and a dozen the next.
<br /><br />
How about tax revenue from the local operations?  Yeah, big Hollywood studios have ways of avoiding paying that sorta thing, even as they're collecting millions in local subsidies:
<blockquote><i>
The city later had problems collecting some of the taxes because Disney operated through a separate business entity that was difficult to track down, he said.
<br /><br />
&#8220;This is a glamorous industry if you want to talk about Hollywood, but it&#8217;s not very glamorous for the municipality that wants to collect something,&#8221; Mr. Schimmel said. Pontiac, he said, was outgunned.
<br /><br />
Disney declined to comment. 
</i></blockquote>
And... soon after that, the studios moved on to other sexier states that suddenly offering up bigger incentives than Michigan.  And who did it cost?  Oh yeah: remember those state workers' pensions?  Yup.  Them.
<blockquote><i>
When the bill for the studio&#8217;s bond interest came due in February this year, it paid only a portion, $210,000. The state pension fund had to pick up the remaining $420,000....
<br /><br />
In August, the studio defaulted on the entire $630,000 payment on the bond, despite a decision by Mr. Snyder to temporarily allocate some film incentives.
</i></blockquote>
All around, it's a horror story that's being repeated in other states and countries around the globe.  Hollywood studios go around pitching "jobs!" and demanding special taxpayer-funded incentives, offering giving them millions to film in a certain location.  The filmmakers take the subsidies, bring in crews from LA, hire a couple people here or there... and then move on, leaving a mess in their wake.  And this is the industry that is demanding even more protection from the federal government via copyright law?  When is enough enough?<br /><br /><a href="http://www.techdirt.com/articles/20121204/03352421220/15-billion-taxpayer-funds-go-directly-to-movie-studios-each-year-very-few-jobs-created.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121204/03352421220/15-billion-taxpayer-funds-go-directly-to-movie-studios-each-year-very-few-jobs-created.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121204/03352421220/15-billion-taxpayer-funds-go-directly-to-movie-studios-each-year-very-few-jobs-created.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>and-they're-complaining-about-what?</slash:department>
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<pubDate>Mon, 7 May 2012 13:47:00 PDT</pubDate>
<title>CISPA Sponsor Warns Bill Is Needed Because China's Chinese Hackers From China Are Stealing All-American Secrets (China!)</title>
<dc:creator>Leigh Beadon</dc:creator>
<link>http://www.techdirt.com/articles/20120504/08384918786/cispa-sponsor-warns-bill-is-needed-because-chinas-chinese-hackers-china-are-stealing-all-american-secrets-china.shtml</link>
<guid>http://www.techdirt.com/articles/20120504/08384918786/cispa-sponsor-warns-bill-is-needed-because-chinas-chinese-hackers-china-are-stealing-all-american-secrets-china.shtml</guid>
<description><![CDATA[ <p>While the focus on the cybersecurity debate shifts to the Senate, the supporters of CISPA are still loudly trumpeting that bill's supposed merits. Though the final legislation that will go before the President is undecided, and may not even be based on CISPA in the end, the details of the bill are still very important, as they contribute to the overall shape of the discussion about cybersecurity. As part of the ongoing media campaign, CISPA author Mike Rogers <a href="http://www.detroitnews.com/article/20120503/OPINION01/205030326/1008/Commentary-China-s-cyber-war-against-Michigan-s-middle-class" target="_blank">took to the pages of The Detroit News last week</a> to drum up support with a screed that reeks of nationalist fearmongering and utterly misrepresents the scope and purpose of the language in the bill.</p>

<blockquote><em>The United States, over time, became a global superpower with its hard work and know-how leading to innovations in new manufacturing, health care and information technologies. Now China is trying to use cyber espionage and theft to take a short cut to achieving superpower status.
<br /><br />
It began with China stealing hard-copy business plans and sensitive research-and-development information from U.S. and other Western companies when their executives traveled to China. U.S. companies soon began noticing a surge in counterfeit products as their innovations were being stolen, re-engineered, and sold by Chinese companies on global markets.
<br /><br />
With the Internet boom, China turned its focus to cyber espionage and began stealing the hard work and innovations of U.S. companies on a far larger scale.</em></blockquote>

<p>Rogers should be careful&mdash;if he says 'China' any more times, Fu Manchu might appear in the mirror and drain his 401(k). Once he's got the reader good and scared of the Yellow Menace (having thrown in a few emotional appeals to hardworking Michigan autoworkers for good measure), he explains how CISPA is needed to take care of all those annoying regulations that limit government power and protect people's privacy:</p>

<blockquote><em>Unfortunately, American companies are not getting the best protection available.Today, the U.S. government has intelligence information about the threat posed by nation-state actors that could help the American private sector better protect itself. However, we don't currently have a mechanism for allowing the government to share intelligence about cyber threats with the private sector, nor do we have the ability for private sector companies to share information with others in the private sector, and with the government on a voluntary basis, so that the private sector can better protect itself.</em></blockquote>

<p>And you know what? That's fine. Even though there is a lot of debate about the true scope of foreign cyber threats, if there is a way for the government and the private sector to share anonymous network analysis data in order to improve technological defenses against hacking and malware attacks, it makes sense to legislate a mechanism for them to do so. Unfortunately, CISPA goes way beyond that&mdash;now explicitly so.</p>

<p>This goes back to my opinion when CISPA was amended and passed in the House: my initial reaction that it had gotten <a href="http://www.techdirt.com/articles/20120426/14505718671/insanity-cispa-just-got-way-worse-then-passed-rushed-vote.shtml">much worse</a> was partially incorrect, but even though the amendments did technically limit the government's power under the bill, I still had (and have) a problem with the way they <a href="http://www.techdirt.com/articles/20120427/08375418687/did-cispa-actually-get-better-before-passing-not-really.shtml">expanded</a> the stated intent and purpose. From the very start, CISPA supporters have insisted (as Rogers does in this column) that it's basically all about technical considerations in fighting off foreign cyber attacks. Initially, privacy and civil liberties groups objected that it would allow the government to do much more, including accessing the private data of American citizens without a warrant&mdash;and the response was basically "no, no, it has nothing to do with that". 

</p><p>Right up to the last minute of debate before the House vote, CISPA's backers held to the talking points and expounded on the threat from China and the need to share technical network data. But, to appease privacy groups, they supported an amendment to limit the ways the government could use shared data under the bill to a set of explicit purposes. And what were those purposes? Far from just foreign threats, they include investigating domestic cybercrime, investigating domestic <em>violent</em> crime, protecting children from exploitation, and of course the catch-all "national security" that was already in the language.</p>

<p>It feels trite to add the obligatory <em>preventing violence and protecting children is a good thing</em> here, because <em>d'uh</em>, but when exactly did CISPA become a bill about these things? If the government wants new exceptions to privacy laws for the purposes of fighting crime, that's a major discussion with obvious constitutional implications&mdash;a discussion that privacy groups have been trying to start all along, but have been brushed off with claims that CISPA is just about rebuffing those devious foreigners. Now CISPA <em>explicitly</em> includes provisions for collecting evidence on domestic crime, but Rogers is still writing editorials like this one that don't mention anything to do with child exploitation, violent crime, or anything else that doesn't have the word China attached to it.</p>

<p>Rogers finishes the piece with a rather astonishing little rallying call:</p>

<blockquote><em>It took Michigan's auto industry decades to achieve its prominence and the United States centuries to become a global superpower. We cannot let China steal it all away in a few short years.</em></blockquote>

<p>I'm not sure how long it's been since Rogers visited Flint, but I think it's changed a little since he was last there. Nonetheless, the point is clear: if the government can't snoop your data for child porn and affiliations with Anonymous, the Chinese are going to start manufacturing American cars and destroy the Michigan auto industry, in turn toppling the U.S. as an economic superpower. Wait, did I say "clear"?</p><br /><br /><a href="http://www.techdirt.com/articles/20120504/08384918786/cispa-sponsor-warns-bill-is-needed-because-chinas-chinese-hackers-china-are-stealing-all-american-secrets-china.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120504/08384918786/cispa-sponsor-warns-bill-is-needed-because-chinas-chinese-hackers-china-are-stealing-all-american-secrets-china.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120504/08384918786/cispa-sponsor-warns-bill-is-needed-because-chinas-chinese-hackers-china-are-stealing-all-american-secrets-china.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>give-them-to-us-instead</slash:department>
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<pubDate>Wed, 20 Apr 2011 10:44:22 PDT</pubDate>
<title>Michigan State Police Say It'll Cost $545k To Discover What Info It's Copying Off Mobile Phones During Traffic Stops [Updated]</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/blog/wireless/articles/20110420/01070213969/michigan-state-police-say-itll-cost-545k-to-discover-what-info-its-copying-off-mobile-phones-during-traffic-stops.shtml</link>
<guid>http://www.techdirt.com/blog/wireless/articles/20110420/01070213969/michigan-state-police-say-itll-cost-545k-to-discover-what-info-its-copying-off-mobile-phones-during-traffic-stops.shtml</guid>
<description><![CDATA[ Apparently, the state police in Michigan are using devices that allow them to <a href="http://www.thenewspaper.com/news/34/3458.asp" target="_blank">slurp all sorts of data off your mobile phone</a>.  Various courts over the years have taken up the question of whether or not it's okay for police to search your mobile phone during a traffic stop without a warrant, and the rulings are <a href="http://www.techdirt.com/articles/20090112/1410233382.shtml">quite mixed</a>.  What is allowed is for police to search through your physical belongings, but "digital" belongings is a bit more of a gray area, and it seems to depend on the court.  Most recently, the California Supreme Court said that <a href="http://www.techdirt.com/blog/wireless/articles/20110105/03061512525/another-court-says-its-okay-police-to-search-your-mobile-phone-without-warrant.shtml">such searches are fine</a>.
<br><br>
The reason many of us are troubled by this is that, like laptops, the contents on your mobile phone are both a lot more expansive these days than, say, a bag you're carrying -- and can be a lot more private.  So it's a bit troubling that at least some courts have said there's really no difference between searching a bag that you're holding and the full contents of your mobile phone at a traffic stop.
<br><Br>
The situation in Michigan is potentially more troubling, because the police are apparently using technology that lets them gather all sorts of info off your phone quite quickly -- and can even get around some password protections:
<blockquote><i>
A US Department of Justice test of the CelleBrite UFED used by Michigan police found the device could grab all of the photos and video off of an iPhone within one-and-a-half minutes. The device works with 3000 different phone models and can even defeat password protections.
<br><br>
"Complete extraction of existing, hidden, and deleted phone data, including call history, text messages, contacts, images, and geotags," a CelleBrite brochure explains regarding the device's capabilities. "The Physical Analyzer allows visualization of both existing and deleted locations on Google Earth. In addition, location information from GPS devices and image geotags can be mapped on Google Maps."
</i></blockquote>
It's not at all clear if the police in Michigan are using the full extent of these tools, and that's what the ACLU was curious about.  So, it filed a Freedom of Information Act request on the matter... and was told that it would <b>cost $544,680</b> to get that information.  That doesn't sound like "freedom" of information, now does it?  While the folks over at Techland <A href="http://techland.time.com/2011/04/19/are-police-in-michigan-stealing-cellphone-info/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+timeblogs%2Fnerd_world+%28TIME%3A+Techland%29" target="_blank">suggest a Kickstarter project</a>, I think the ACLU is hoping that it can pressure the police into changing their position on this without having to resort to such measures.
<br><Br>
<b>Update</b>: The Michigan State Police got in touch (<a href="https://twitter.com/#!/MichStatePolice/statuses/60869915099402240" target="_blank">via Twitter</a>, believe it or not) to claim that <A href="http://www.michigan.gov/msp/0,1607,7-123-1586-254783--,00.html" target="_blank">the story is not accurate</a>.  According to them, they only use these devices with a warrant, "or if the person possessing the mobile device gives consent" (which, admittedly, opens up some questions, since under stressful circumstances, faced with a police officer, people may feel pressured to "give consent.").  They don't explain the $545k bit, other than to say they've been working with the ACLU to "reduce" the cost.<br /><br /><a href="http://www.techdirt.com/blog/wireless/articles/20110420/01070213969/michigan-state-police-say-itll-cost-545k-to-discover-what-info-its-copying-off-mobile-phones-during-traffic-stops.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20110420/01070213969/michigan-state-police-say-itll-cost-545k-to-discover-what-info-its-copying-off-mobile-phones-during-traffic-stops.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20110420/01070213969/michigan-state-police-say-itll-cost-545k-to-discover-what-info-its-copying-off-mobile-phones-during-traffic-stops.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>that-sounds-like-extortion</slash:department>
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<pubDate>Tue, 1 Jun 2010 06:20:56 PDT</pubDate>
<title>Michigan Politician Proposes Bill To Regulate Journalists So He Can Tell You Which Reporters To Trust</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100528/1742119628.shtml</link>
<guid>http://www.techdirt.com/articles/20100528/1742119628.shtml</guid>
<description><![CDATA[ <a href="http://www.poynter.org/column.asp?id=45&#038;aid=184289" target="_blank">Romenesko</a> points us to the news of a Michigan state senator, who has <a href="http://toledoblade.com/article/20100528/COLUMNIST17/5280318/0/NEWS13" target="_blank">proposed a bill that would regulate the press</a>.  The bill would require people who want to be considered the press to pay a registration fee and submit writing samples to get registered.  Also, you would need to have a journalism degree, three years of experience and a letter of recommendation from someone else in the club of "registered reporters." That old First Amendment makes this one a non-starter, of course.  In response to that point, the Senator who proposed it, Bruce Patterson, claims he never expected the bill to pass:
<blockquote><i>
"I mainly just wanted to stimulate discussion," he told me. "I didn't think the bill would be likely to pass, but I thought I'd put it out there and if there was any support from your profession, we'd move forward. Heck, I thought it might be helpful to legitimate journalists," he said.
<br /><br />
Indeed, he made some valid points. "There are fewer legitimate reporters who cover the legislature all the time. I see stuff being written by people I never heard of, and I don't know whether they have any credentials.
<br /><br />
"You have bloggers and editorial writers who write about what we are doing who never come up here and have no idea what's going on. If I need a plumber, I want one who has credentials and who is licensed by the state."
</i></blockquote>
Of course, that's misleading in the extreme.  First of all, it's his opinion as to whether or not there are "legitimate journalists" covering the legislature.  Just because he doesn't like a journalist doesn't make him or her illegitimate.  As for other regulated professions, such as plumbers, that's a totally different situation (and, of course, there are strong economic arguments for why regulating industries like plumbing are actually bad for consumers as well).  Finding someone to fix your sink is not the same thing as reading someone's take on what happened in the news.
<br /><br />
It is also important to note that the senator is not proposing preventing anyone who is not a "Michigan Registered Reporter" from writing or broadcasting the news.
<br /><br />
"I just thought it might be helpful in terms of helping figure out whose reporting you can trust," he said.

And creating a government sanctioned body, that will almost certainly be highly politicized is the best way to do that?  Why not recognize that your constituents aren't idiots, and there are all sorts of methods by which they can figure out whom to trust.  If there's really a strong demand for filtering out trustworthy journalists, then let a private organization give journalists a stamp of approval, rather than having the government license journalists.  But, the real issue is that trust is fluid.  People build up trust through their writing and reporting, and the nice thing about the online world today is that if you report stuff that is consistently inaccurate, others can call you on it and you can lose the trust of people.  You don't need the government to step in and help.<br /><br /><a href="http://www.techdirt.com/articles/20100528/1742119628.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100528/1742119628.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100528/1742119628.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>let-me-introduce-you-to-my-friend,-the-first-amendment</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100528/1742119628</wfw:commentRss>
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<item>
<pubDate>Tue, 4 Aug 2009 00:57:19 PDT</pubDate>
<title>Little Mermaid Statue Free To Be After Artist's Estate Didn't Expect Negative Publicity</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090803/0146585745.shtml</link>
<guid>http://www.techdirt.com/articles/20090803/0146585745.shtml</guid>
<description><![CDATA[ On Friday, we wrote about how an artist's estate was <a href="http://www.techdirt.com/articles/20090731/0337175728.shtml">going after</a> a small town in Michigan, for daring to have a "Little Mermaid" statue to play up many of the town's Danish ancestors.  There's a famous Little Mermaid statue in Denmark, and the artist's estate (the artist died fifty years ago) apparently thinks all such statues infringe on its copyright (even though this statue was very different).  However, in our comments over the weekend <a href="http://www.techdirt.com/article.php?sid=20090731/0337175728#c159">Christopher</a> alerted us to the news that the estate had <a href="http://www.thedailynews.cc/Main.asp?SectionID=2&#038;SubSectionID=11&#038;ArticleID=29001" target="_new">withdrawn the copyright infringement claim</a>, apparently citing the publicity as the reason.  Apparently, being a copyright bully can have a bit of a backlash...<br /><br /><a href="http://www.techdirt.com/articles/20090803/0146585745.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090803/0146585745.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090803/0146585745.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>funny-how-that-works</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20090803/0146585745</wfw:commentRss>
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<item>
<pubDate>Fri, 31 Jul 2009 17:26:11 PDT</pubDate>
<title>Copyright Cops Go After Town For Creating Little Mermaid Statue</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090731/0337175728.shtml</link>
<guid>http://www.techdirt.com/articles/20090731/0337175728.shtml</guid>
<description><![CDATA[ Dan sends in yet another story about copyright gone wrong.  Apparently the small town of Greenville Michigan has a strong Danish heritage, and wanted to show that off with some artifact representing Denmark.  It chose the iconic Little Mermaid statue, based on Hans Christian Andersen's story, and a similar iconic statue in Denmark.  Apparently, however, the family of the artist who created the statue in Denmark is trying to clamp down and <a href="http://online.wsj.com/article/SB124865622123982685.html" target="_new">is demanding a lump sum payment or that the statue be taken down</a>.  The actual artist died in 1959... but thanks to recent extensions in copyright (yippee), copyright now lasts life plus <i>seventy</i> years.
<br /><br />
Of course, I'm wondering if the statue even violates the copyright at all.  While the town says it was inspired by the one in Denmark, the actual statue is different:
<blockquote><i>
At about 30 inches high, it's half the size of the original and has a different face and other distinct features, including larger breasts. "We've gotten a lot of heat about that too," he says
</i></blockquote>
Considering that so much of the statue is different, is it even a copyright violation at all?  Apparently, this isn't the only town that's faced problems over such statues.  The article notes, amusingly, that Vancouver, British Columbia -- after failing to get permission from the artist's estate -- instead put up a statue entitled "Girl in a Wetsuit" and even added swimming fins and goggles to get the point across.  It's hard to believe that this one artist, whose been dead for fifty years, should have total control over statues of mermaids, but that's what today's copyright law gives us.  Isn't it great?<br /><br /><a href="http://www.techdirt.com/articles/20090731/0337175728.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090731/0337175728.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090731/0337175728.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>cultural-artifacts</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20090731/0337175728</wfw:commentRss>
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<pubDate>Mon, 20 Jul 2009 15:25:00 PDT</pubDate>
<title>Can The Lottery Make People Save More?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090719/0140115590.shtml</link>
<guid>http://www.techdirt.com/articles/20090719/0140115590.shtml</guid>
<description><![CDATA[ The lottery has often been described as a "tax on those who don't understand probability."  However, it seems some enterprising folks are trying to use that basic fact to help people who have trouble saving money (who often overlap with the folks who don't understand probability) to save more.  Apparently some credit unions in Michigan are experimenting with <a href="http://online.wsj.com/article/SB124786612839159989.html" target="_new">a lottery feature as a part of a savings account</a>:
<blockquote><i>
Psychologists have long known that people tend to overestimate the odds of rare events. Applying that behavioral insight, finance professor Peter Tufano of Harvard Business School has devised a clever program called "Save to Win." Launched earlier this year for members of eight credit unions in Michigan, it is a cross between a certificate of deposit and a raffle ticket. Members who put $25 or more into a Save to Win one-year CD are entered into a monthly "savings raffle" for prizes up to $400, plus one annual drawing for a $100,000 jackpot.
</i></blockquote>
Apparently, this program has attracted $3.1 million in new deposits, many (the article claims) from people who have never been able to save much money.  In many ways it is like buying a lottery ticket, except that you don't lose the money paid for the ticket.  The credit unions make this work by paying out a slightly lower interest rate on the CD in question, but the net effect works out to benefit everyone.  Many who put their money into such an account would never have put their money into a higher rate CD in the first place.  In some ways, it's a neat example of efficient price discrimination that expands an overall market.<br /><br /><a href="http://www.techdirt.com/articles/20090719/0140115590.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090719/0140115590.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090719/0140115590.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>tax-on-the-poor</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20090719/0140115590</wfw:commentRss>
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<pubDate>Fri, 17 Jul 2009 01:57:57 PDT</pubDate>
<title>Michigan Supreme Court Issues New Stop Twittering Rule For Juries</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090716/0245425567.shtml</link>
<guid>http://www.techdirt.com/articles/20090716/0245425567.shtml</guid>
<description><![CDATA[ There have been a few recent stories about jury members <a href="http://www.techdirt.com/articles/20090317/0929284151.shtml">using Twitter</a>, and courts have been trying to figure out how to deal with it.  Well, over in Michigan, the Supreme Court has <a href="http://www.citmedialaw.org/blog/2009/michigan-high-court-sends-message-tweeters" target="_new">issued new rules for judges to tell jurors</a> concerning their use of text messaging and other communication services.  While it doesn't name Twitter specifically, it seems like the new rules are pretty clearly directed at jurors who might Twitter or use some other similar communication tool to explain what's happening in the case.<br /><br /><a href="http://www.techdirt.com/articles/20090716/0245425567.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090716/0245425567.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090716/0245425567.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>stop-that-twittering</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20090716/0245425567</wfw:commentRss>
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<pubDate>Thu, 12 Feb 2009 22:59:58 PST</pubDate>
<title>Why Does The Goverment Hate Satellite Service Providers?</title>
<dc:creator>Derek Kerton</dc:creator>
<link>http://www.techdirt.com/articles/20090212/0032053742.shtml</link>
<guid>http://www.techdirt.com/articles/20090212/0032053742.shtml</guid>
<description><![CDATA[ Earlier this week, Rep. Bart Stupak, from rural Michigan, <a target=_top href="http://tech.yahoo.com/news/nm/20090210/tc_nm/us_satellites_congress_1">introduced a bill</a> to require Dish Network and DirecTV (SatTV) to carry local TV channels in <i>all</i> US markets. Stupak said that the current practice of only carrying local channels for major population centers is unfair to rural citizens. But Stupak seems to miss two important economic and scientific factors against his wishes, as well as an understanding of competition and what is fair
<br /><br />
Physics sets hard limits to how many channels of TV SatTV can broadcast from their existing satellites. And with the public now clamoring for more HDTV, SatTV is now desperately trying to shoe-horn more HD channels into the limited capacity they have, so they can compete effectively with cable (an important role). SatTV carriers must trade-off between content for the whole country, and content for local audiences. In the case of large metro cities, the audience size tips the trade-off towards local content. Yet Stupak seems to think that it's worth using up scarce nationwide capacity to carry local content for every town that has a TV station. Ridiculous. The needs of the many subjugated to the needs of the few?
<br /><br />
Then Stupak also seems to ignore the economic argument that these SatTV enterprises are businesses trying to stay afloat. They are not public services. And the SatTV companies need to deliver a product that can attract a sizeable audience, or the service will be a sure money loser. 
<br /><br />
If Stupak thinks it's fair to force SatTV to provide product for small towns, they why not force the same of the NFL or airlines? Shouldn't we also require the NFL to put a team in any town that wants one, or is the NFL unfairly discriminating against rural America? And airlines should be required to have flights to every airport, too, right Rep. Stupak? Sir, these aren't public services, nor charities. Your Bill would increase costs to all of us, and reduce available services to the nation by redirecting resources to sparsely populate areas.
<br /><br />
I've said it before, and I know I'll get hate responses when I say it again, but there are trade-offs people make when they choose to live in the city, OR in the countryside. Tough. We city folk trade off fresh air, open spaces, bucolic lifestyles, good schools, flora, ample space and land, open roads and more. Rural people sacrifice retail options, entertaiment services, Internet access, and more. Life is full of trade-off decisions. Not everyone makes the same choices, and that IS fair...in fact it should be celebrated and called freedom.
<br /><br />
Does the government just dislike satellite services for some reason? Mike has <a target=_top href="http://www.techdirt.com/articles/20090211/0135563731.shtml">steadily covered</a> the impact of a slow government approval of a Sirius-XM merger. While the merger definitely reduced competitors in the sat radio space, that space is NOT the market in which those two companies operate. If they go broke in part because of gov't meddling, we will only then see a significant reduction in competition in the much wider <i>portable audio entertainment</i> industry, which is the actual market under consideration.
<br /><br />
In toto, SatTV has been a fantastic boon for rural dwellers, offering them a range of entertainment options that were never before available outside of major cities. This is the upside of a distribution network that targets the whole country with one signal. The downside is a reduced capacity for local programming. As a bonus to rural dwellers, although satellite Internet isn't great, at least it gives you an option. In town, SatTV delivery market, especially back in the day when cable was unchallenged by the telcos. Aren't satellite services, recent arrivals on the scene, competition engines, and a market success story? Why would the congressman want to squeeze this winner until it can't breathe?
<center>
<script type="text/javascript" src="http://washingtonwatch.com/info/widget.php?id=200514771"></script>
</center><br /><br /><a href="http://www.techdirt.com/articles/20090212/0032053742.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090212/0032053742.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090212/0032053742.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>Physics,-Economics,-and-Definition-of-'Fair'</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20090212/0032053742</wfw:commentRss>
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<pubDate>Tue, 10 Feb 2009 16:24:00 PST</pubDate>
<title>Using Twitter For Participatory Politics</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090209/0320503701.shtml</link>
<guid>http://www.techdirt.com/articles/20090209/0320503701.shtml</guid>
<description><![CDATA[ While there are still some non-believers who continue to insist that there is nothing useful about Twitter, plenty of folks who have jumped in headfirst are finding new ways to make the service more useful every day.  Here's a recent example, from E-Media Tidbits, which reports that in the recent "state of the state" speech by Michigan Governor Jennifer Granholm, the governor's staff first announced a hashtag to be used in Twitter (<a href="http://search.twitter.com/search?q=%23MiSOTS">MiSOTS</a>), and then had the Govenor's staff adding the high points of the speech to Twitter as they came.  But the more interesting part is that <a href="http://www.poynter.org/column.asp?id=31&#038;aid=158090" target="_new">this created a real-time public participation and commentary</a> on the speech as it was happening.  Plenty of others used the official hashtag to respond to points and discuss what was going on in the speech in real-time, providing a fascinating play-by-play commentary of the address that would have been hard to do in any widespread manner previously (perhaps in a specialized chat room -- but that would have a much smaller number of users).  While it doesn't appear that the governor or her staff responded in real-time, it also gave them a very useful look at how people were perceiving the address, and also gave them people they could quickly follow up with in the future.  While I'm sure some Twitter doubters will still brush this off as nothing special, the ability to better communicate shouldn't be ignored or underestimated.<br /><br /><a href="http://www.techdirt.com/articles/20090209/0320503701.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090209/0320503701.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090209/0320503701.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>watch-this-space</slash:department>
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<pubDate>Fri, 30 Nov 2007 11:06:29 PST</pubDate>
<title>Google Book Search Critics Ignore The Non-Exclusive Nature Of Scanning Contracts</title>
<dc:creator>Timothy Lee</dc:creator>
<link>http://www.techdirt.com/articles/20071129/123906.shtml</link>
<guid>http://www.techdirt.com/articles/20071129/123906.shtml</guid>
<description><![CDATA[ Three years ago, Google <a href="http://chronicle.com/free/2004/12/2004121401n.htm">announced</a> an ambitious effort to scan millions of book in order to create a search engine that would do for books what the original Google search engine did for the web. The debate quickly <a href="http://www.techdirt.com/articles/20051121/101201_F.shtml">ran into criticism</a> from publishers who claimed the program was an infringement of the publishers' copyright. Others pointed out that Google&#39;s activities were <a href="http://www.cato.org/pub_display.php?pub_id=4000">well within the bounds of fair use.</a> The debate has continued on and off ever since. Ars Technica <a href="http://arstechnica.com/news.ars/post/20071126-university-of-michigan-librarian-defends-google-scanning-deal.html">points</a> us to the latest round of this debate. On one side is economist Paul Courant, who was the provost of the University of Michigan when the University became one of Google&#39;s first library partners and is now the University&#39;s librarian. In his newly created blog, he <a href="http://paulcourant.net/2007/11/04/on-being-in-bed-with-google/">vigorously defends Michigan&#39;s participation</a> in the Google project, pointing out that Google will have the entire seven-million-volume collection digitized within six years, for free, while the competing Open Content Alliance charges &quot;thousands of dollars to digitize books at a rate of tens of thousands of volumes a year.&quot; The University of Virginia&#39;s Siva Vaidhyanathan responds with <a href="http://www.googlizationofeverything.com/2007/11/paul_courant_of_michigan_addre.php">a number of criticisms</a> of the deal. In addition to copyright concerns, he&#39;s got a number of concerns about what Google will do with the digitized books. He worries about whether Google&#39;s search results will be fair, whether Google will promptly correct scanning quality problems, and whether Google will do a good enough job of preserving the files over the long term, and so forth.<br /><p>These are somewhat puzzling concerns to raise at all given that Google has historically been absolutely obsessive about improving the quality of its search results and archiving useful data. But it also ignores a more fundamental point: Michigan, and Google&#39;s other library projects, aren&#39;t granting Google exclusive access to anything. Under the terms of the Google-Michigan agreement, Google returns each book after scanning it, and Michigan is free to sign up with other scanning projects, including Google&#39;s competitors. It&#39;s true that Michigan has agreed not to share the Google-created digital files with others. But the important point here is that those files wouldn&#39;t exist at all if not for the agreement. It would hardly be reasonable to expect Google to spend tens of millions of dollars to create digital files that would immediately be available to Google&#39;s competitors.</p><p>In short, Google is anything but a monopoly. There are already competing book-scanning efforts under way, and if Google&#39;s project is a success we can expect more such efforts to be launched in the future. And because Google isn&#39;t a monopoly, it doesn&#39;t make sense for universities to treat it like one by trying to micromanage every aspect of the service it ultimately offers. In the unlikely event that Google Book Search turns out to be a lousy product, consumers will punish Google by switching to the competing offerings of Microsoft, Yahoo, or others. It&#39;s pointless to try to force Google to produce a high-quality product when its competitors already give it plenty of reasons to do so. </p><p>Vaidhyanathan also <a href="http://www.googlizationofeverything.com/2007/11/how_well_does_google_learn_fro.php">characterizes</a> the Michigan scanning program as &quot;massive corporate welfare,&quot; but this, again, doesn&#39;t make a lot of sense. The vast majority of the books Google is scanning spend most of their time sitting on shelves unread. In principle, Google is no different from any other library patron: it checks out books, reads them, and returns them. The only difference is that it's doing it on a much larger scale than a normal library patron would. But there&#39;s no evidence that Michigan has been playing favorites. If another company approaches Michigan seeking to scan its books on the same terms, and is turned down, <em>then</em> people would have strong grounds for criticism. But that doesn&#39;t appear to have happened. Google&#39;s just made the best offer so far. The &quot;corporate welfare&quot; label just doesn&#39;t fit.</p><br /><br /><a href="http://www.techdirt.com/articles/20071129/123906.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20071129/123906.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20071129/123906.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>no-monopolies-here</slash:department>
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