Klarinet Archive - Posting 000384.txt from 2009/01

From: Alexander Brash <brash@-----.edu>
Subj: [kl] Re: Copyright Rant
Date: Mon, 26 Jan 2009 01:31:32 -0500

Why so serious Mr. Fay!

I do apologize for my one - liner, it would have been far more
appropriate for me to simply have waited until I could type up my
entire argument with references, this is entirely my fault and bad.
However, your note brings up an important point that many people on
this list struggle with - namely that you do not understand how to
properly conduct an argument (which is amazing for someone with your
degree and legal experience).

1) Ad hominem? Is this how the pros do it? Stating "listen to my
conclusion because I have 25 years experience and a law degree and you
have an out of date website and by the way I bet you're bad at your
job hahahah" isn't even close to a cogent thought. It's argument by
"mine's bigger" (I'd be happy to exchange photos or something off list
if that's what required for the alpha-maleness). I actually would be
very curious to see links to the applicable law and/or any cases on
point, I find it fascinating. I like to think of Dan Leeson as an
example here - I don't think he even likes me - but even though he is
widely recognized as a foremost expert on Mozart, he always takes the
time to very logically lay out his arguments and thought process for
everyone else's edification, which I think is wonderful and we should
see more of. I've never seen him say "because I know more than you."

2) I don't have a law degree, but nowhere in my posts on this list do
you see me even brag about my education when I argue about
controversial topics (rap!), so why did you bring it up? It's
completely specious. I've also never linked my website, with one
exception as a direct download link some months ago for feedback on a
playing sample. As someone of your obvious intelligence should be able
to discern, that site itself is long defunct, and hasn't been updated
in some time. It was a pet project that was abandoned - I do have a
real job working for Deloitte and Touche in IT Security and Privacy
consulting, and have since I entered the workforce.

3) Since you did begin an "argument by mine's bigger..." I have a
degree in Computer Science from the H (as we like to call the
engineering/math/science side of things, a "non bullshit" degree),
focusing on computational theory (very advanced math, essentially) and
cryptography (more math) - by most measures the "intelligence"
required to do this is far higher than that required to obtain a law
degree, but again, that would simply be the argument of a retarded
monkey flinging poop back at you, and furthermore I don't entirely buy
into it (there are just far too many people WAY smarter than me whose
background is something like English Lit), it's the same reason I
never try to make an argument of "I just know more than you / am
smarter than you ergo I am right". I was actually posting after
significant conversation with two friends of mine, one of whom does
have a law degree and specializes in IP, trademark, and copyright
issues, and the other is a 3L at Yale Law (ya know, the one harder to
get into than Hahvahd), whose whole purpose for being (at the moment)
is being passionate about copyright and IP issues.

Now, I can see I've encroached on your hallowed territory, and
inadvertently seem to have attacked your self-worth, which was
definitely not my intention, so I'm just going to let it sit. Since
you are the expert, please enlighten us further, or not. In either
case I'm looking forward to the excellent performance - I'll not speak
again on this thread.

Best to everyone, and apologies for offenses to the lawyers,
Alex

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