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At the Auction of the Ruby Slippers

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From CNN, a taste of things to come:

A Chinese court has ordered an online video game company to return hard-won virtual property, including a make-believe stockpile of bio-chemical weapons, to a player whose game account was looted by a hacker.

We’ve (probably) all heard of various virtual castles, equipment, and whatnot that have been auctioned for real dollars on E-bay. This, however, is the first time that I’ve heard of a Court awarding recompense for stolen virtual property. The line between the real and the virtual is getting cloudier. So is the line between the real and the imaginary.

Blogs are part of it. I’m convinced that I know Tacitus, Andrew Sullivan, David Neiwert, Kevin Drum, The Commissar, Charles Johnson, Glenn Reynolds, Paul Cella, Josh Marshall, the folks at Talk Left, the conspirators at Volokh, Misha and his imperial lackies, Jeanne D’Arc, Mr. DuToit, Lt. Smash, Kos, Matt Yglesias, Fafnir (and cohorts The Medium Lobster and Giblets), Ubaid, et al. I have opinions about them. I think that some of them are sharp, witty, and incisive. And I think that some are stupid, dull, and dangerous — and wonder how a few can sleep at night. (You may be surprised who I put into which category.)

At base, though, I’m reacting to a virtual persona that’s being put forth. People are different — more accommodating and friendlier, usually — in person. Words can’t convey the whole. They convey only a part, and only a chosen part at that, and only that chosen part poorly.

But we already know all that, right? Postmodernism, the confluence among technology, life, and the law — it’s all soooo Kool & the Gang (I hear you saying).

A Chinese Court case awarding virtual WMDs to an online gamer, however, is something new. What, I just don’t know. But, in the quiet of my office right now — with the door closed — I remember the conclusion of Salman Rushdie’s short story, “At the Auction of the Ruby Slippers.” All manner of real and imaginary persons, creatures, and things are bidding on the very Ruby Slippers of yore in a Byzantian double-blind auction. Huge sums of money are being exchanged, but no one is sure if the slippers are real, or if they’ll perform as advertised.

Everyone, however, knows the slippers’ promise: They’ll take you home.

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There’s good, and there’s evil, and there’s evil diguised as good.

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BREAKING NEWS UPDATE: The Ninth Circuit just ruled “that prisoners held at Guantanamo Bay Naval Base (search) in Cuba should have access to lawyers and the American court system.” The opinion does not appear to be (yet) available online, but the The New York Times reports that the panel held that noncitizen enemy combatants have a Constitutional right to an attorney.

This would be an extremely significant ruling, and will almost certainly go to the Supreme Court. It also fits into the category of a von good thing (# 18 on the list). Also worth noting is that Senior Northern District of Illinois Judge Milton I. Shadur sat on the Ninth Circuit panel and voted in the 2-1 majority. Judge Shadur is a well-respected trial judge, and is not known for his judicial activism.*

Addendum: Via Glenn Renyolds, a link to the opinion. I haven’t read it yet, but Professor Bainbridge thinks the opinion, well, not good. He may be right on the legal merits — I called it a good thing solely on policy grounds. But Prof. Bainbridge’s reference to Justice Jackson’s remark that the Constitution is not a suicide pact is silly hyperbole — particularly coming from someone who hasn’t even read the Ninth Circuit’s opinion yet. C’mon kids: try to refrain from speaking before thinking.

Second Addendum: I’ve now skimmed the opinion, and I’m ready to (tentatively) say that I approve of it. A brief analysis is in the comments, in response to a point made by Clay Ranck. Understand, however, that (a) this is out of my area of practice and (b) I’m reserving the right to change my mind as I let the opinion sink further in.

In other news: Charles Johnson has one of his quote-and-disapprove posts up. He doesn’t explain why he disapproves, except to suggest that the Ninth Circuit is always, categorically wrong. Way to go, Charles! That took some deep thinking.

Professor Bainbridge has kindly responded to my note (above), and acknowledges that his original take on the opinion may have been too hasty. Professor, if you’re still reading, I’d be very interested in your (now) more considered opinion.

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At the end of a rope, he lets down a tin pail. And you have to toss in fifteen cents and a nail.

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Rilkefan, apparently unsatisfied with our weak efforts at prose, suggests in comments that we add a recommended reading list. For most, the fascinating world of drying paint would be preferable. He asked for it, however. My currently recommended works of fiction are hidden below. A list of nonfiction works will follow in, oh, between two-to-thirty weeks.

Perhaps you (or cobloggers Moe Lane and Katherine) will offer your/their own list(s) . . . .

UPDATE: In comments, Rilkefan notes that he wasn’t refering to “what random books” people may like, but to “books referred to in blogly discussions.” Well, shoot. Maybe we can do that too.

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p.s. None of these books are exactly new, ya hear?

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I’ve got a bad feeling about this.

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The chances of the Democrats taking back the Senate appear to be getting slimmer. CNN is reporting that John Breaux (D-La) will retire in 2004 rather than seek re-election:

[John Breaux] is the fifth Democrat from a southern state to announce his retirement before the 2004 elections. Others are Zell Miller, Georgia; Bob Graham, Florida; John Edwards, North Carolina; and Fritz Hollings, South Carolina.

Some, undoubtedly, will minimize this loss by pointing out that Breaux was a glad-handling backroom boy, a DINO, and good riddence to him (thank you very much). Sure, he was all of that. But he was also insanely popular in Louisiana, and he faced no serious challenge for re-election in 2004. His departure means that the likelihood of the Democrats recovering the Senate is, well, unlikely.

So, here’re two half-formulated thoughts for you to ponder (or dispute): First, why the heck are the Democrats losing their few remaining Southerners to retirement? We’re past the stage of mere coincidence or unlucky timing — five Democratic Senators from a relatively Democratic-Senator-Free region is more than a lot. I’m tempted to say that it has something to do with Dean’s rise an an anti-war type — but, then, all of my pronouncements on Dean are inherently suspect given my general dislike of the man.

Second, I am not looking forward to what I now believe to be the most likely outcome of the 2004 election cycle: A Republican President, A Republican House, and a Republican Senate. This is because the current Republican agenda appears to be “detax and spend, spend, spend.” Not exactly sound fiscal planning (or conservatism, as traditionally defined).* And, frankly, I’m a little scared about the quality of judicial nominees that have thus far been offered by this administration. A Republican trifecta is hardly likely to provide the needed “Saul on the road to Damascus” moment on either point.

So, bid adieu to Breaux. We’ll sure miss ya.

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I only repeat what I’m told

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From the Commissar*, comes trenchant musings on perhaps the greatest danger to Israel: A one state solution. [W]atch out for a certain reporter/worldbeater, friend of Saudi royals, … da, the anti-zhid himself, Thomas Friedman. . . . Commissar watched his Discovery Channel television show last night. Is on again on Monday, 8 PM. . . … Read more

So I sit in Snuffy’s Diner, and I smoke cigarettes, and I eat clam chowder every day. And every day is shorter than the last. And every day is colder than the last.

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Well, winter came early for poor ole Joey from the CT. Better pundits than I have already blogged his political death from both the left and the right, so let this instead be a commemorative open thread for the good Senator. Stop by, offer a consoling thought, and, well, move on. ‘Cause he’s totally, like, last year.

Or, keep on fighting over Dean: below, in inviso-text, I attempt to respond to Katherine ’s and Oberon’s comments regarding my post last night on the good doctor. (By the way, this pretty much sums up what I’m feeling right now.)

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You cannot live on other people’s promises, but if you promise others enough, you can live on your own.*

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Howard Dean has a seven point plan on Iraq. It’s a tough-talker, Dean’s plan, the kind that should be popular among among lefty-blogohawks like myself. You’ve heard us pontificate before, haven’t you? We always want more — “more money, more troops, UN involvement” — and all that rot. Well, Dean’s plan is all that and … Read more

The Coolhunter

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Let us now praise cool things. This, for example, is cool. Nahh, I didn’t find it. I’m the coolhunter, not the coolfinder or coolgatherer. (This is your cool things open thread.) von

Novaked! (Again)

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Ya’ll remember Bob Novak, right? The conservative columnist who touched off a media feeding frenzy on his putative right-wing allies by naming Plame in a column? In the immortal words of Whitesnake: Here he goes again on his own (though without Tawny Kitain, it must be said) . . . . In his latest indictment … Read more

Stupid Patent Tricks

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While perusing the frozen food aisle at my local supermarket, I came upon it. The Sealed, Crustless, Peanut Butter and Jelly Sandwich (SCPB&J Sandwich). Stunned, my jaw dropped. I started to boil over with excitement, like water reaching 212 degrees Fahrenheit for the first time. Sure, I knew the SCPP&J Sandwich, but only from the … Read more

Let Us Now Praise Famous Men (And Women)

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*I recalled Prof. Anastaplo while paging through Professor Volohk‘s writings on the Second Amendment (the right to bear arms), which generally argue that the Second Amendment is a personal right (like the 1st Amendment) and not merely a right afforded to the state or community (like, for example, the 10th Amendment). Professor Volohk bases his argument, in part, on the supposed original intent of the founders. Professor Anastaplo, on the other hand, argues that the original intent of the founders was precisely the opposite, and reads the Second Amendment to convey a community right. Indeed, in his much-earlier The Amendments to the Constitution, Professor Anastaplo considers and refutes (pre-refutes?) many of Professor Volohk’s better “original intent” arguments. (Which is not to say that Professor Volohk is wrong in his analysis or history — only that it’s not the open-and-shut case sometimes suggested by Professor Volohk.)

There once was a man, and he couldn’t cry

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I am a secret movie weepier. Not secret in the sense that, should you and I watch Field of Dreams together, you’d somehow miss the tears rolling down my face when Kevin Costner asks ghost-dad to play catch. Secret in the sense that I’d never admit that, forty-five showings later, I’m bawling like a baby … Read more

Money and Death

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There will be light posting from me, the putative centrist of this fun bunch, until after the weekend. Work, travel for work, more work, blah, blah, blah. I promise a post on “Why I Hate Howard Dean” early in the next week, which should spice things up since I’m blogging with certified-Dean-Lover Katherine. In the … Read more

Obligatory Music Post

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Harley wants a Democrat in the White House! Harley wants to see Karl Rove frog-marched from his subterranean lair! Harley demands a music post!* Well, one out of three ain’t bad. “Death Cab for Cutie,” high-pitched emo-rockers that they are, have always found a soft spot in my heart. But I fear they’re starting to … Read more

Massachusetts (kinda) approves gay marriage

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As Katherine notes in the open thread below, Massachusetts’ highest court ruled Tuesday that same-sex couples are legally entitled to wed under the state constitution, but stopped short of allowing marriage licenses to be issued to the couples who challenged the law. The blogosphere has not exactly erupted in debate (yet), but the usual suspects … Read more

When it rains, it rains prescription drug benefits.

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Despite the desire of some Democrats for war, the fight over prescription drug benefits is over. The AARP has given its blessing to the GOP’s version of the bill. Expect much hand-wringing, impassioned speechmaking, and rallying-of-the-base-ing in the next few months, but mark these words: The die is cast, this goose is cooked, its fate … Read more

Fear not, unbeliever. You need not fail.

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It is not often that one goes to the head of Amnesty International for sound, practical advice regarding political campaigning. But, here you are: It’s a serious problem. It means that human rights advocates are seen solely as harping critics. We certainly need to be that; it’s a very important role. But if we fail … Read more

It’s all about impressin’ the Russ.

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by von General Clark had a strong appearance on Meet the Press yesterday. Russ asked the right questions, and Clark mostly answered them the right way. I’m increasingly likely to support Clark over Bush, should he make it past the primaries. Unfortunately, my saying so may be the kiss of death for Clark, because my … Read more

Now, Who Wants a Representative Democracy? I do! I do!

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by von Perhaps there’s some good news coming out of Bremer’s meeting with Bush & Co. As reported in the Washington Post (and elsewhere), “Iraq’s U.S.-appointed Governing Council announced on Saturday a transitional government would take over by the end of June from the U.S.-led powers, in a far swifter restoration of Iraqi sovereignty than … Read more

You always hurt the ones you love.

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I’m von, I’m the third poster on the site, and I’m currently consumed by the following question: What the hell has going on at Daily Kos? I used to read Daily Kos. He was an insightful commentator on the Iraq war, and it didn’t hurt that his politics and mine have certain similarities. But what … Read more