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Archive for the ‘Science Fiction’ Category

Some Thoughts About Meteors and the Hugos

posted by Deven Desai

Perseus_Hevelius_2BFor time to time, I like to remind folks that they should look up from work and take note of the world around them. Today, or rather tonight, is just such a time to do that. Yes, it is Perseid meteor shower time! I remember a particularly spectacular one around when Star Wars or Empire came out. To me it was film come to life. The best time to see the shower is hard to pin down but prognosticators have picked between 4 a.m. and 5 a.m. ET (1-2 a.m. PT). For the truly hardy or awe-seeking, 11 pm to dawn both tonight and tomorrow is suggested. The moon and cloud cover may play havoc with the chance to see the shower (as will light pollution). And remember to take some warmer clothes. I know it is summer but sitting around in the great outdoors even in summer can require a layer and maybe a knit hat for warmth.

And if while watching this dazzling light display, the stars should go out, we may be experiencing Spin. Spinis the Hugo-award winning novel by Robert Charles Wilson. My friend Doselle Young recommend it to me, and I must say I loved it. Wilson writes beautifully. The prose and the story grabbed me and kept me reading well into the night. It turns out I was at the WorldCon when Wilson won because that was the same year John Scalzi won his Campbell Award (he also won his second Hugo but this time for Best Related Book). So I guess I’ll read Neil Gaiman’s The Graveyard Book a few years from now.

Image: WikiCommons, Public Domain

  August 11, 2009 at 1:21 pm  Tags: Hugos, John Scalzi, Meteors, Robert Charles Wilson, Spin  Posted in: Culture, Science Fiction, Uncategorized  Print This Post Print This Post   No Comments

Rent-seeking in Fantasy World

posted by Dave Hoffman

Last week, Josh Marshall at TPM had a great post about the future of books in the post-Kindle world. After a generally positive review of the gadget, Josh wrote:

[L]ast night, sitting in front of [my books], I had this dark epiphany. How much longer are these things going to be around? . . . The few hundred or so I was looking at suddenly seemed like they were taking up an awful lot of space, like the whole business could dealt with a lot more cleanly and efficiently, if at some moral loss.

Don’t get me wrong. Book books still have some clear advantages. Kindle is a disaster with pictures and maps. But I didn’t realize the book might move so rapidly into the realm of endangered modes of distributing the written word. I was thinking maybe decades more. The book is so tactile and personal and much less ephemeral than the sort of stuff we read online.

I hope it’s clear that I don’t view this as a good thing or something I welcome. When I had the realization I described above it felt like a sock in the gut, if perhaps a fillip on the interior decorating front. All the business model and joblessnes stuff aside, that’s how I feel about physical newspapers too. There’s a lot I miss about print newspapers, particularly the serendipitous magic of finding stories adjacent to the one you’re reading, articles you’re deeply interested in but never would have known you were if it weren’t plopped down in front of you to pull you in through your peripheral vision. Yet at this point I probably read a print newspaper only a handful of times a year.

I don’t have a Kindle, but I’ve been thinking about this passage over the last week. It’s certainly true that there’s something reassuring about having lots of books in a room, but I suspect Josh is right that their day is ending. And this is probably for the best. My books weigh me down: they make me less flexible about traveling, they take up space in the house, they are hugely expensive, and they are inefficient.

Consider as an illustrative example Tor Book’s decision to split the final volume of Robert Jordan’s fantasy series into three books, to be released over time, presumably in hard- and soft-covers, followed by a definitive volume reintegrating them. Tor’s stated reason is that the final book has become too big to bind. (And the author of the book, who took over when Jordan died, offers his own self-serving justification here.) But it’s obvious (to me, at least) that Tor is simply seeking to extract more rent from fans of the series, who, having waited for years for the final installment of the series, and invested the time reading the eleven books to date, are now as captive an audience as you’re likely to see. Thankfully, his kind of behavior would be much more difficult to justify in a world of digital books. Bring on the revolution.

  April 6, 2009 at 1:25 pm   Posted in: Articles and Books, Intellectual Property, Science Fiction  Print This Post Print This Post   13 Comments

. . . and I feel fine

posted by Kaimipono D. Wenger

explosion.JPG How should the law deal with the end of the world?

A set of recent NYT articles discusses a lawsuit filed to stop the (possible) end of the world. Apparently, there is a very, very remote chance that the newest particle accelerator will create

a tiny black hole, which could eat the Earth. Or it could spit out something called a “strangelet” that would convert our planet to a shrunken dense dead lump of something called “strange matter.”

Yikes! And so there is a lawsuit seeking to enjoin use of the accelerator, at least until an environmental impact study (!) is completed. And with that, the fate of the universe suddenly rests in the hands of lawyers and judges. It sounds like a bad script that tries to marry Armageddon with Law and Order:

“Will beautiful attorney Lisa and her trusty paralegal sidekick Jake get the papers filed in time? Will cranky judge Hornblatt grant the TRO that saves the world? Find out next Friday, right after the series premiere of Survivor: Law School Edition.”

And how exactly does the law analyze these sorts of claims, anyway? It strikes me that law is not particularly well-equipped to handle claims of infinite destruction. For instance:

-When can a party get a TRO to prevent an act that would cause the end of the universe?

Well, they’ve got to show irreparable harm. Presumably, the end of the universe is always irreparable harm.

-When does a company have to disclose the possibility of the end of the universe in its filings?

Well, if it’s future or speculative information, we apply Basic v. Levinson’s probability/magnitude test. The probability may be small, even infinitessimal. But the magnitude of the potential harm? Infinite. I guess you always disclose it.

(10-K’s everywhere will now include the line, “There is a very, very, very small chance that something the Board does will inadvertently cause the end of the universe.”)

-And how would a court apply the Hand formula, for instance, in assessing whether a party should have taken better precautions to prevent the universe from being destroyed?

Burden = Probability x Loss.

P may be low, but L is really, really high. Does this mean that parties always have a burden to take reasonable steps to prevent the end of the universe?

Probably.

But then, law typically gives damages, which are backward-looking. And if the universe has been destroyed . . . well, good luck finding a court in which to bring your claim.

Plus, all your evidence is probably destroyed.

(Image source: Wikicommons)

  April 16, 2008 at 12:22 pm   Posted in: Science Fiction, Technology, Weird  Print This Post Print This Post   5 Comments

Battlestar Galactica Premiere Tonight

posted by Deven Desai

BSG-logo6a.jpg

Battlestar Galactica’s last season begins tonight. It should be a good one although it will be sad to see yet another great drama fade out. In honor of the premiere here are links to the interviews. Part I on Legal Systems, Parts II and III.

The audio files are PART I-A: LEGAL SYSTEMS, PART I-B: TORTURE, NECESSITY, AND MORALITY, PART II: POLITICS AND ECONOMY, and PART III: CYLONS .

This interview was great fun and we hope to do similar ones in the future. Last another thank you to Joe Beaudoin, Jr., the project leader of the Battlestar Wiki, who transcribed the interview for us so we could edit it into a reader-friendly form.

  April 4, 2008 at 7:06 pm   Posted in: Science Fiction  Print This Post Print This Post   No Comments

Battlestar Galactica Interview Transcript (Part I)

posted by Daniel Solove

BSG-logo6.jpg

BSG-starbuck.jpgWe are very pleased to be able to present a transcript of our interview with Ron Moore and David Eick, the creators, producers, and writers of the TV show Battlestar Galactica. Joe Beaudoin, Jr., the project leader of the Battlestar Wiki, transcribed the interview for us. We edited the transcript, but the bulk of the work was done by Joe. The transcript is also posted at the Battlestar Wiki, which has a ton of great information for fans of the show. In editing the transcript, we took the liberty of cleaning up grammatical errors and eliminating “ums” and other distractions in order to make it more readable.

In this interview, we explore the legal, political, economic, and social ideas raised by the show. If you prefer to hear to the interview, click here to listen to the audio files.

Below is the introduction to the interview and the transcript for Part I, which explores the legal system, morality, and torture. I couldn’t fit the entire transcript into one post, so Parts II and III are contained in another post. Part II examines politics and commerce. Part III explores the cylons.

Read the rest of this post »

  March 2, 2008 at 10:09 pm   Posted in: Culture, Interviews, Law Talk, Movies & Television, Privacy, Privacy (National Security), Science Fiction, Technology  Print This Post Print This Post   No Comments

Battlestar Galactica Interview Transcript (Parts II and III)

posted by Daniel Solove

BSG-logo6.jpg

BSG-cylon5.jpgThis post contains Parts II and III of the transcript of our interview with Ron Moore and David Eick, the creators, producers, and writers of the TV show Battlestar Galactica. Joe Beaudoin, Jr., the project leader of the Battlestar Wiki, transcribed the interview for us. We edited the transcript, but the bulk of the work was done by Joe. The transcript is also posted at the Battlestar Wiki, which has a ton of great information for fans of the show. In editing the transcript, we took the liberty of cleaning up grammatical errors and eliminating “ums” and other distractions in order to make it more readable.

Our interview explores the legal, political, and economic dimensions of the show. Part II (see below) examines politics and commerce. Part III (see below) examines the cylons. Daniel Solove, Dave Hoffman, and Deven Desai pose the questions to Ron Moore and David Eick.

Click here to read Part I of the interview transcript, which examines the legal system, morality, and torture.

Read the rest of this post »

  March 2, 2008 at 10:08 pm   Posted in: Culture, Interviews, Law Talk, Law and Humanities, Movies & Television, Privacy (National Security), Science Fiction, Technology  Print This Post Print This Post   4 Comments

Battlestar Galactica Interview Part III

posted by Daniel Solove

BSG-logo2a.jpg

Dave Hoffman, Deven Desai, and I are pleased to present Part III of our interview with Ron Moore and David Eick, the creators, producers, and writers of the hit television show, Battlestar Galactica.

Part I of our interview explored the role of law in the show, exploring topics such as the legal system, lawyers, trials and tribunals, torture, necessity vs. moral principles, and deference to the military.

Part II of our interview examined the political system and economic issues.

BSG-cylon3a.jpgBSG-cylon2a.jpg

In Part III of our interview (the final part in this series), we discuss the cylons. How do the humans view the cylons? As mere machines? As quasi-human? Are the humans heading toward a recognition of more humane treatment of the cylons? Why did the cylons choose to try to annihilate the humans? How do the cylons govern themselves? What role does the cylons’ religion play in all this? We explore these questions and more, including what political and philosophical books most influenced Ron and David in their creation of the show. We learn why Adama changes his views about Boomer and accepts her as a person. And we try to coax out spoilers for the upcoming season.

Part III of the interview is 16 minutes, 15 seconds long. You can access it, along with Parts I and II, here.

UPDATE: The interview has now been transcribed. You can read Part I here, and Parts II and III here.

  February 26, 2008 at 12:11 am   Posted in: Culture, Interviews, Law Talk, Law and Humanities, Movies & Television, Politics, Science Fiction, Technology  Print This Post Print This Post   One Comment

What I Like About the New Battlestar Galactica

posted by Bruce Boyden

In honor of the BSG interviews that Dan, Dave, and Deven have posted below (which I hope to listen to soon), I thought I’d chime in with what I like about the show. I’m a big fan; BSG is one of only 3 “must-see” shows for me currently on television (the other 2 are Lost and the PBS NewsHour). My enthusiasm has waned a bit since “New Caprica,” but here’s what struck me as particularly interesting about at least the first couple of seasons:

1. The villains continually have the upper hand. That may not initially seem like a plus. But think of the number of shows where the heroes sail through life, barely needing to worry, while the villains face setback after setback that repeatedly results in defeat. E.g., Perry Mason, CSI, Star Trek (any generation), or the first Battlestar Galactica, where being trained by the Cylon defense force seemed to be a guarantee of utter incompetence in combat. Heroes that appear to face more realistic challenges that do not carry with them a guarantee of success are, at least, a refreshing change, and are more dramatically interesting for avoiding repetition and cliche.

Warning: Mild spoilers follow

Read the rest of this post »

  February 25, 2008 at 5:39 pm   Posted in: Culture, Movies & Television, Science Fiction  Print This Post Print This Post   4 Comments

Battlestar Galactica Interview Part II

posted by Daniel Solove

BSG-logo1.jpg

BSG-scene4a.jpgDave Hoffman, Deven Desai, and I are pleased to present Part II of our interview with Ron Moore and David Eick, the creators, producers, and writers of the hit television show, Battlestar Galactica.

Part I of our interview explored the role of law in the show, exploring topics such as the legal system, lawyers, trials and tribunals, torture, necessity vs. moral principles, and deference to the military.

BSG-scene3a.jpgIn Part II of our interview, Dave Hoffman interviews Ron and David about politics and the economy. How did the political system of the Twelve Colonies work prior to the cylon attack? After the destruction of the colonies, how does the economy work aboard the fleet? Why do people still continue to do their jobs without compensation? How does commerce work? Why do people still use money? Dave examines these fascinating questions and more.

Part II of the interview is 13 minutes, 57 seconds long. You can also access it, along with Part I, here.

Check back Tuesday morning, when we plan to post Part III of our interview — the final part — which addresses issues involving the cylons.

UPDATE: The interview has now been transcribed. You can read Part I here, and Parts II and III here.

  February 25, 2008 at 12:03 am   Posted in: Contract Law & Beyond, Culture, Interviews, Law Talk, Law and Humanities, Movies & Television, Privacy, Privacy (National Security), Science Fiction, Technology  Print This Post Print This Post   No Comments

Battlestar Galactica Interview

posted by Daniel Solove

BSG-logo4c.jpg

We are thrilled to offer readers of Concurring Opinions an interview with Ron Moore and David Eick, creators of the hit television show Battlestar Galactica. Daniel Solove, Deven Desai, and David Hoffman ask the questions. We would like to thank Professor John Ip for suggesting some of the torture questions. Our interview lasts a little over an hour, and we’ll be providing it to you in several parts over the next few days.

Our goal was to explore some of the themes of the show in a deeper manner than many traditional interviews. Ron and David graciously agreed to give us an hour of their time, and we had a fascinating conversation with them.

BSG-trial1a.jpgOur interview is structured in three parts. Part I, available in two files (see the end of this post to download), focuses on the issues of legal systems and morality. It examines the lawyers and trials in the show. It also examines how torture is depicted, as well as how the humans must balance civil liberties and security.

Part II examines politics and commerce. It explores how the cylon attack affected the humans’ political system, and it examines how commerce works in the fleet.

Part III examines issues related to cylons, such as the humans’ treatment of cylons, how robots should be treated by the law, how the cylons govern themselves politically. Additionally, Part III will explore the religious issues involved in the show.

The new Battlestar Galactica, which premiered initially as a miniseries in 2003 on the SciFi Network, is only loosely based on the earlier show by the same name during 1978 and 1980. The new Battlestar Galactica is breathtaking science fiction, and it has widespread appeal beyond science fiction fans. Numerous critics have hailed it as one of the best shows on television. Time Magazine, for example, listed it as one of the top television shows and described it as “a ripping sci-fi allegory of the war on terror, complete with religious fundamentalists (here, genocidal robots called Cylons), sleeper cells, civil-liberties crackdowns and even a prisoner-torture scandal.”

BSG-scene1a.jpgThe show chronicles the struggle for survival of a small band of humans who escaped a devastating genocidal attack by intelligent robots called cylons. The humans created the cylons for use as slaves. The cylons rebelled and a war erupted between the humans and cylons. But a truce was reached, and the cylons disappeared. But forty years later, the cylons launched a massive surprise attack, destroying the human society (called the Twelve Colonies) with nuclear missiles. Only a small group of humans aboard spaceships survived.

The show depicts the humans’ difficult fight for survival and the tough choices they must make along the way. The cylons have developed technology to allow them to take human form, and some of the humans within the group of survivors are really cylons. More information about the show is here.

BSG-pic1.jpgThe show is heavily influenced by modern events, especially terrorism, war, and torture. In a time of emergency, how should we balance security and liberty? How do we deal with enemies who may be burrowed in among us? How does a society decimated in a war reconstitute its political, economic, and legal systems?

Battlestar Galactica was honored with a prestigious Peabody Award and twice as an official selection of the American Film Institute top television programs for 2005 and 2006.

Because the show explores so many interesting issues so deftly, it has attracted a large group of fans in the legal academy. We know of many law professors who count Battlestar Galactica as one of their favorite shows, and this is why we thought it would be fascinating to speak with the creators and writers of the show — Ron Moore and David Eick.

Read the rest of this post »

  February 21, 2008 at 9:19 am   Posted in: Criminal Procedure, Culture, Interviews, Law Talk, Law and Humanities, Movies & Television, Privacy, Privacy (Law Enforcement), Privacy (National Security), Science Fiction, Technology  Print This Post Print This Post   36 Comments




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Kaimipono Wenger

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Frank Pasquale

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