art

Woody Allen’s atheism

From Robert E. Lauder’s interview with Woody Allen, “Whatever Works” (Commonweal: 15 April 2010):

Well, you know, you want some kind of relief from the agony and terror of human existence. Human existence is a brutal experience to me…it’s a brutal, meaningless experience—an agonizing, meaningless experience with some oases, delight, some charm and peace, but these are just small oases. Overall, it is a brutal, brutal, terrible experience, and so it’s what can you do to alleviate the agony of the human condition, the human predicament?

I’m really impotent against the overwhelming bleakness of the universe and that the only thing I can do is my little gift and do it the best I can, and that is about the best I can do, which is cold comfort.

I also feel that humor, just like Fred Astaire dance numbers or these lightweight musicals, gives you a little oasis. You are in this horrible world and for an hour and a half you duck into a dark room and it’s air-conditioned and the sun is not blinding you and you leave the terror of the universe behind and you are completely transported into an escapist situation. The women are beautiful, the men are witty and heroic, nobody has terrible problems and this is a delightful escapist thing, and you leave the theatre refreshed. It’s like drinking a cool lemonade and then after a while you get worn down again and you need it again.

there are these oases, and life is horrible, but it is not relentlessly black from wire to wire. You can sit down and hear a Mozart symphony, or you can watch the Marx Brothers, and this will give you a pleasant escape for a while. And that is about the best that you can do… I feel that one can come up with all these rationalizations and seemingly astute observations, but I think I said it well at the end of Deconstructing Harry: we all know the same truth; our lives consist of how we choose to distort it, and that’s it. Everybody knows how awful the world is and what a terrible situation it is and each person distorts it in a certain way that enables him to get through. Some people distort it with religious things. Some people distort it with sports, with money, with love, with art, and they all have their own nonsense about what makes it meaningful, and all but nothing makes it meaningful. These things definitely serve a certain function, but in the end they all fail to give life meaning and everyone goes to his grave in a meaningless way.

I feel that is true—that one can commit a crime, do unspeakable things, and get away with it. There are people who commit all sorts of crimes and get away with it, and some of them are plagued with all sorts of guilt for the rest of their lives and others aren’t. They commit terrible crimes and they have wonderful lives, wonderful, happy lives, with families and children, and they have done unspeakably terrible things. There is no justice, there is no rational structure to it. That is just the way it is, and each person figures out some way to cope…. Some people cope better than others. I was with Billy Graham once, and he said that even if it turned out in the end that there is no God and the universe is empty, he would still have had a better life than me. I understand that. If you can delude yourself by believing that there is some kind of Santa Claus out there who is going to bail you out in the end, then it will help you get through. Even if you are proven wrong in the end, you would have had a better life.

I didn’t see [Shane, from the movie Shane] as a martyred figure, a persecuted figure. I saw him as quite a heroic figure who does a job that needs to be done, a practical matter. I saw him as a practical secular character. In this world there are just some people who need killing and that is just the way it is. It sounds terrible, but there is no other way to get around that, and most of us are not up to doing it, incapable for moral reasons or physically not up to it. And Shane is a person who saw what had to be done and went out and did it. He had the skill to do it, and that’s the way I feel about the world: there are certain problems that can only be dealt with that way. As ugly a truth as that is, I do think it’s the truth about the world.

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Jeff Bezos on the differences between gifts and choices

From Jeff Bezos’s “We are What We Choose: Remarks by Jeff Bezos, as delivered to the Class of 2010 Baccalaureate” (Princeton University: 30 May 2010):

What I want to talk to you about today is the difference between gifts and choices. Cleverness is a gift, kindness is a choice. Gifts are easy — they’re given after all. Choices can be hard. You can seduce yourself with your gifts if you’re not careful, and if you do, it’ll probably be to the detriment of your choices.

Tomorrow, in a very real sense, your life — the life you author from scratch on your own — begins.

How will you use your gifts? What choices will you make?

Will inertia be your guide, or will you follow your passions?

Will you follow dogma, or will you be original?

Will you choose a life of ease, or a life of service and adventure?

Will you wilt under criticism, or will you follow your convictions?

Will you bluff it out when you’re wrong, or will you apologize?

Will you guard your heart against rejection, or will you act when you fall in love?

Will you play it safe, or will you be a little bit swashbuckling?

When it’s tough, will you give up, or will you be relentless?

Will you be a cynic, or will you be a builder?

Will you be clever at the expense of others, or will you be kind?

I will hazard a prediction. When you are 80 years old, and in a quiet moment of reflection narrating for only yourself the most personal version of your life story, the telling that will be most compact and meaningful will be the series of choices you have made. In the end, we are our choices. Build yourself a great story.

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Errol Morris on film noir

From Errol Morris’s “Film Legend Errol Morris Salutes New Graduates At 2010 Commencement” (Berkeley Graduate School of Journalism: 10 May 2010):

There are many things I liked about noir. But in particular, there are images of one benighted character after another struggling to make sense of the world – and sometimes failing in the effort. [Their failure could be chalked up to many things. But most severe among the possibilities, was the thought that the world might be intractable. That you can never figure out how it works, what makes it tick. A terribly, sad thought. There has to be, there just has to be the presumption that you can figure things out.]

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A great example of poor comments in your code

From Steven Levy’s Hackers: Heroes of the Computer Revolution (Penguin Books: 2001): 43:

[Peter Samson, one of the first MIT hackers], though, was particularly obscure in refusing to add comments to his source code explaining what he was doing at a given time. One well-distributed program Samson wrote went on for hundreds of assembly language instructions, with only one comment beside an instruction which contained the number 1750. The comment was RIPJSB, and people racked their brains about its meaning until someone figured out that 1750 was the year Bach died, and that Samson had written an abbreviation for Rest In Peace Johann Sebastian Bach.

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The Hacker Ethic

From Steven Levy’s Hackers: Heroes of the Computer Revolution (Penguin Books: 2001): 40-46:

Still, even in the days of the TX-0 [the late 1950s], the planks of the platform were in place. The Hacker Ethic:

  • Access To Computers — And Anything Which Might Teach You Something About The Way The World Works — Should Be Unlimited And Total. Always Yield To The Hands-On Imperative!
  • All Information Should Be Free.
  • Mistrust Authority — Promote Decentralization. The last thing you need is a bureaucracy. Bureaucracies, whether corporate, government, or university, are flawed systems, dangerous in that they cannot accommodate the exploratory impulse of true hackers. Bureaucrats hide behind arbitrary rules (as opposed to the logical algorithms by which machines and computer programs operate): they invoke those rules to consolidate power, and perceive the constructive impulse of hackers as a threat.
  • Hackers Should Be Judged By Their Hacking, Not Bogus Criteria Such As Degrees, Age, Race, Or Position. This meritocratic trait was not necessarily rooted in the inherent goodness of hacker hearts–it was mainly that hackers cared less about someone’s superficial characteristics than they did about his potential to advance the general state of hacking, to create new programs to admire, to talk about that new feature in the system.
  • You Can Create Art And Beauty On A Computer.
  • Computers Can Change Your Life For The Better.
  • Like Aladdin’s Lamp, You Could Get It To Do Your Bidding.

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There, on the Darkened Deathbed by John Masefield

This is pretty much what I think happens when we die, and unfortunately, what happens eventually after we die.

There, on the darkened deathbed, dies the brain
That flared three several times in seventy years;
It cannot lift the silly hand again,
Nor speak, nor sing, it neither sees nor hears.
And muffled mourners put it in the ground
And then go home, and in the earth it lies,
Too dark for vision and too deep for sound,
The million cells that made a good man wise.
Yet for a few short years an influence stirs,
A sense or wraith or essence of him dead,
Which makes insensate things its ministers
To those beloved, his spirit’s daily bread;
Then that, too, fades; in book or deed a spark
Lingers, then that, too, fades; then all is dark.

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Luther & Poe both complained about too many books

From Clay Shirky’s “Does The Internet Make You Smarter?” (The Wall Street Journal: 5 June 2010):

In the history of print … complaints about distraction have been rampant; no less a beneficiary of the printing press than Martin Luther complained, “The multitude of books is a great evil. There is no measure of limit to this fever for writing.” Edgar Allan Poe, writing during another surge in publishing, concluded, “The enormous multiplication of books in every branch of knowledge is one of the greatest evils of this age; since it presents one of the most serious obstacles to the acquisition of correct information.”

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Poetry: Johnny Mercer’s “Early Autumn”

Man, these are beatiful, evocative lyrics by Johnny Mercer:

When an early autumn walks the land and chills the breeze
and touches with her hand the summer trees,
perhaps you’ll understand what memories I own.

There’s a dance pavilion in the rain all shuttered down,
a winding country lane all russet brown,
a frosty window pane shows me a town grown lonely.

That spring of ours that started so April-hearted,
seemed made for just a boy and girl.
I never dreamed, did you, any fall would come in view
so early, early.

Darling if you care, please, let me know,
I’ll meet you anywhere, I miss you so.
Let’s never have to share another early autumn.

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Why we laugh

From Gene Weingarten’s “The Peekaboo Paradox: The strange secrets of humor, fear and a guy who makes big money making little people laugh” (The Washington Post: 22 January 2006):

Even before they respond to a tickle, most babies will laugh at peekaboo. It’s their first “joke.” They are reacting to a sequence of events that begins with the presence of a familiar, comforting face. Then, suddenly, the face disappears, and you can read in the baby’s expression momentary puzzlement and alarm. When the face suddenly reappears, everything is orderly in the baby’s world again. Anxiety is banished, and the baby reacts with her very first laugh.

At its heart, laughter is a tool to triumph over fear. As we grow older, our senses of humor become more demanding and refined, but that basic, hard-wired reflex remains. We need it, because life is scary. Nature is heartless, people can be cruel, and death and suffering are inevitable and arbitrary. We learn to tame our terror by laughing at the absurdity of it all.

This point has been made by experts ranging from Richard Pryor to doctoral candidates writing tedious theses on the ontol-ogical basis of humor. Any joke, any amusing observation, can be deconstructed to fit. The seemingly benign Henny Youngman one-liner, “Take my wife . . . please!” relies in its heart on an understanding that love can become a straitjacket. By laughing at that recognition, you are rising above it, and blunting its power to disturb.

After the peekaboo age, but before the age of such sophisticated understanding, dwells the preschooler. His sense of humor is more than infantile but less than truly perceptive. He comprehends irony but not sarcasm. He lacks knowledge but not feeling. The central fact of his world — and the central terror to be overcome — is his own powerlessness.

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David Foster Wallace on the impossibility of being informed & the seduction of dogma

From David Foster Wallace’s “Introduction” (The Best American Essays 2007):

Here is an overt premise. There is just no way that 2004’s reelection could have taken place—not to mention extraordinary renditions, legalized torture, FISA-flouting, or the
passage of the Military Commissions Act—if we had been paying attention and handling information in a competent grown-up way. ‘We’ meaning as a polity and culture. The premise does not entail specific blame—or rather the problems here are too entangled and systemic for good old-fashioned finger-pointing. It is, for one example, simplistic and wrong to blame the for-profit media for somehow failing to make clear to us the moral and practical hazards of trashing the Geneva Conventions. The for-profit media is highly attuned to what we want and the amount of detail we’ll sit still for. And a ninety-second news piece on the question of whether and how the Geneva Conventions ought to apply in an era of asymmetrical warfare is not going to explain anything; the relevant questions are too numerous and complicated, too fraught with contexts in everything from civil law and military history to ethics and game theory. One could spend a hard month just learning the history of the Conventions’ translation into actual codes of conduct for the U.S. military … and that’s not counting the dramatic changes in those codes since 2002, or the question of just what new practices violate (or don’t) just which Geneva provisions, and according to whom. Or let’s not even mention the amount of research, background, cross- checking, corroboration, and rhetorical parsing required to understand the cataclysm of Iraq, the collapse of congressional oversight, the ideology of neoconservatism, the legal status of presidential signing statements, the political marriage of evangelical Protestantism and corporatist laissez-faire … There’s no way. You’d simply drown. We all would. It’s amazing to me that no one much talks about this—about the fact that whatever our founders and framers thought of as a literate, informed citizenry can no longer exist, at least not without a whole new modern degree of subcontracting and dependence packed into what we mean by ‘informed.’8

8 Hence, by the way, the seduction of partisan dogma. You can drown in dogmatism now, too— radio, Internet, cable, commercial and scholarly print— but this kind of drowning is more like sweet release. Whether hard right or new left or whatever, the seduc- tion and mentality are the same. You don’t have to feel confused or inundated or ignorant. You don’t even have to think, for you already Know, and whatever you choose to learn confirms what you Know. This dog- matic lockstep is not the kind of inevitable dependence I’m talking about—or rather it’s only the most extreme and frightened form of that dependence.

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David Foster Wallace on serious vs. commercial art

From David Wiley’s interview of David Foster Wallace, “Transcript of the David Foster Wallace Interview” (The Minnesota Daily: 27 February 1997):

But Plato and John Stuart Mill both take books to talk about different types of pleasure. In my own personal life, I like really arty stuff a lot of the time. But there’s also times I watch an enormous amount of TV, and I’ve read probably 70 percent of Stephen King’s books. And I’ve read them basically because for a little while I want to forget that my name is David Wallace, you know, and that I have limitations, and that I’m sad that my girlfriend yelled at me. I think serious art is supposed to make us confront things that are difficult in ourselves and in the world. And one of the dangers is if we get conditioned to confront less and less and experience more and more pleasure, the commercial stuff’s gonna win out.

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Religion, God, history, morality

From Steve Paulson’s interview with Robert Wright, “God, He’s moody” (Salon: 24 June 2009):

Do you think religions share certain core principles?

Not many. People in the modern world, certainly in America, think of religion as being largely about prescribing moral behavior. But religion wasn’t originally about that at all. To judge by hunter-gatherer religions, religion was not fundamentally about morality before the invention of agriculture. It was trying to figure out why bad things happen and increasing the frequency with which good things happen. Why do you sometimes get earthquakes, storms, disease and get slaughtered? But then sometimes you get nice weather, abundant game and you get to do the slaughtering. Those were the religious questions in the beginning.

And bad things happened because the gods were against you or certain spirits had it out for you?

Yes, you had done something to offend a god or spirit. However, it was not originally a moral lapse. That’s an idea you see as societies get more complex. When you have a small group of hunter-gatherers, a robust moral system is not a big challenge. Everyone knows everybody, so it’s hard to conceal anything you steal. If you mess with somebody too much, there will be payback. Moral regulation is not a big problem in a simple society. But as society got more complex with the invention of agriculture and writing, morality did become a challenge. Religion filled that gap.

For people who claim that Israel was monotheistic from the get-go and its flirtations with polytheism were rare aberrations, it’s interesting that the Jerusalem temple, according to the Bible’s account, had all these other gods being worshiped in it. Asherah was in the temple. She seemed to be a consort or wife of Yahweh. And there were vessels devoted to Baal, the reviled Canaanite god. So Israel was fundamentally polytheistic at this point. Then King Josiah goes on a rampage as he tries to consolidate his own power by wiping out the other gods.

You make the point that the Quran is a different kind of sacred text than the Bible. It was probably written over the course of two decades, while the stories collected in the Bible were written over centuries. That’s why the Bible is such a diverse document.

We think of the Bible as a book, but in ancient times it would have been thought of as a library. There were books written by lots of different people, including a lot of cosmopolitan elites. You also see elements of Greek philosophy. The Quran is just one guy talking. In the Muslim view, he’s mediating the word of God. He’s not especially cosmopolitan. He is, according to Islamic tradition, illiterate. So it’s not surprising that the Quran didn’t have the intellectual diversity and, in some cases, the philosophical depth that you find in the Bible. I do think he was actually a very modern thinker. Muhammad’s argument for why you should be devoted exclusively to this one God is very modern.

Are you also saying we can be religious without believing in God?

By some definitions, yes. It’s hard to find a definition of religion that encompasses everything we call religion. The definition I like comes from William James. He said, “Religious belief consists of the belief that there is an unseen order and that our supreme good lies in harmoniously adjusting to that order.” In that sense, you can be religious without believing in God. In that sense, I’m religious. On the God question, I’m not sure.

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Coppola on changes in the movie industry

From Bloomberg’s “Francis Ford Coppola Sees Cinema World Falling Apart: Interview” (12 October 2009):

“The cinema as we know it is falling apart,” says Francis Ford Coppola.

“It’s a period of incredible change,” says the director of “The Godfather” and “Apocalypse Now.” “We used to think of six, seven big film companies. Every one of them is under great stress now. Probably two or three will go out of business and the others will just make certain kind of films like ‘Harry Potter’ — basically trying to make ‘Star Wars’ over and over again, because it’s a business.”

“Cinema is losing the public’s interest,” says Coppola, “because there is so much it has to compete with to get people’s time.”

The profusion of leisure activities; the availability of movies on copied DVD and on the Internet; and news becoming entertainment are reshaping the industry, he says. Companies have combined businesses as customers turn to cheap downloads rather than visit shops or movie theaters.

“I think the cinema is going to live off into something more related to a live performance in which the filmmaker is there, like the conductor of an opera used to be,” Coppola says. “Cinema can be interactive, every night it can be a little different.”

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Looking at others’ lives for clues to what might have been

From Tim Kreider’s “The Referendum” (The New York Times: 17 September 2009):

The Referendum is a phenomenon typical of (but not limited to) midlife, whereby people, increasingly aware of the finiteness of their time in the world, the limitations placed on them by their choices so far, and the narrowing options remaining to them, start judging their peers’ differing choices with reactions ranging from envy to contempt. The Referendum can subtly poison formerly close and uncomplicated relationships, creating tensions between the married and the single, the childless and parents, careerists and the stay-at-home. It’s exacerbated by the far greater diversity of options available to us now than a few decades ago, when everyone had to follow the same drill. We’re all anxiously sizing up how everyone else’s decisions have worked out to reassure ourselves that our own are vindicated — that we are, in some sense, winning.

It’s especially conspicuous among friends from youth. Young adulthood is an anomalous time in people’s lives; they’re as unlike themselves as they’re ever going to be, experimenting with substances and sex, ideology and religion, trying on different identities before their personalities immutably set. Some people flirt briefly with being freethinking bohemians before becoming their parents. Friends who seemed pretty much indistinguishable from you in your 20s make different choices about family or career, and after a decade or two these initial differences yield such radically divergent trajectories that when you get together again you can only regard each other’s lives with bemused incomprehension.

Yes: the Referendum gets unattractively self-righteous and judgmental. Quite a lot of what passes itself off as a dialogue about our society consists of people trying to justify their own choices as the only right or natural ones by denouncing others’ as selfish or pathological or wrong. So it’s easy to overlook that hidden beneath all this smug certainty is a poignant insecurity, and the naked 3 A.M. terror of regret.

The problem is, we only get one chance at this, with no do-overs. Life is, in effect, a non-repeatable experiment with no control. In his novel about marriage, “Light Years,” James Salter writes: “For whatever we do, even whatever we do not do prevents us from doing its opposite. Acts demolish their alternatives, that is the paradox.” Watching our peers’ lives is the closest we can come to a glimpse of the parallel universes in which we didn’t ruin that relationship years ago, or got that job we applied for, or got on that plane after all. It’s tempting to read other people’s lives as cautionary fables or repudiations of our own.

A colleague of mine once hosted a visiting cartoonist from Scandinavia who was on a promotional tour. My colleague, who has a university job, a wife and children, was clearly a little wistful about the tour, imagining Brussels, Paris, and London, meeting new fans and colleagues and being taken out for beers every night. The cartoonist, meanwhile, looked forlornly around at his host’s pleasant row house and sighed, almost to himself: “I would like to have such a house.”

One of the hardest things to look at in this life is the lives we didn’t lead, the path not taken, potential left unfulfilled. In stories, those who look back — Lot’s wife, Orpheus and Eurydice — are lost. Looking to the side instead, to gauge how our companions are faring, is a way of glancing at a safer reflection of what we cannot directly bear, like Perseus seeing the Gorgon safely mirrored in his shield.

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How to tell if someone is a good writer

How well I could write if I were not here!
Image by Esther_G via Flickr

From Josh Olson’s “I Will Not Read Your Fucking Script” (The Village Voice: 9 September 2009):

It rarely takes more than a page to recognize that you’re in the presence of someone who can write, but it only takes a sentence to know you’re dealing with someone who can’t.

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Why Picasso charged a million dollars

Femme aux Bras Croisés, 1902
Image via Wikipedia

From Josh Olson’s “I Will Not Read Your Fucking Script” (The Village Voice: 9 September 2009):

There’s a great story about Pablo Picasso. Some guy told Picasso he’d pay him to draw a picture on a napkin. Picasso whipped out a pen and banged out a sketch, handed it to the guy, and said, “One million dollars, please.”

“A million dollars?” the guy exclaimed. “That only took you thirty seconds!”

“Yes,” said Picasso. “But it took me fifty years to learn how to draw that in thirty seconds.”

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Who would ever think that it was a good idea?

A typical full sheet of LSD blotter paper with...
Image via Wikipedia

Read this article about Paul Krassner’s experiences with the Manson Family & note the emphasis I’ve added – is this not the greatest sentence out of nowhere you’ve ever seen? How in the world did that ever seem like a good idea?

From Paul Krassner’s “My Acid Trip with Squeaky Fromme” (The Huffington Post: 6 August 2009):

Manson was on Death Row — before capital punishment was repealed (and later reinstated, but not retroactively) in California — so I was unable to meet with him. Reporters had to settle for an interview with any prisoner awaiting the gas chamber, and it was unlikely that Charlie would be selected at random for me.

In the course of our correspondence, there was a letter from Manson consisting of a few pages of gibberish about Christ and the Devil, but at one point, right in the middle, he wrote in tiny letters, “Call Squeaky,” with her phone number. I called, and we arranged to meet at her apartment in Los Angeles. On an impulse, I brought several tabs of acid with me on the plane.

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What Google’s book settlement means

Google Book Search
Image via Wikipedia

From Robert Darnton’s “Google & the Future of Books” (The New York Review of Books: 12 February 2009):

As the Enlightenment faded in the early nineteenth century, professionalization set in. You can follow the process by comparing the Encyclopédie of Diderot, which organized knowledge into an organic whole dominated by the faculty of reason, with its successor from the end of the eighteenth century, the Encyclopédie méthodique, which divided knowledge into fields that we can recognize today: chemistry, physics, history, mathematics, and the rest. In the nineteenth century, those fields turned into professions, certified by Ph.D.s and guarded by professional associations. They metamorphosed into departments of universities, and by the twentieth century they had left their mark on campuses…

Along the way, professional journals sprouted throughout the fields, subfields, and sub-subfields. The learned societies produced them, and the libraries bought them. This system worked well for about a hundred years. Then commercial publishers discovered that they could make a fortune by selling subscriptions to the journals. Once a university library subscribed, the students and professors came to expect an uninterrupted flow of issues. The price could be ratcheted up without causing cancellations, because the libraries paid for the subscriptions and the professors did not. Best of all, the professors provided free or nearly free labor. They wrote the articles, refereed submissions, and served on editorial boards, partly to spread knowledge in the Enlightenment fashion, but mainly to advance their own careers.

The result stands out on the acquisitions budget of every research library: the Journal of Comparative Neurology now costs $25,910 for a year’s subscription; Tetrahedron costs $17,969 (or $39,739, if bundled with related publications as a Tetrahedron package); the average price of a chemistry journal is $3,490; and the ripple effects have damaged intellectual life throughout the world of learning. Owing to the skyrocketing cost of serials, libraries that used to spend 50 percent of their acquisitions budget on monographs now spend 25 percent or less. University presses, which depend on sales to libraries, cannot cover their costs by publishing monographs. And young scholars who depend on publishing to advance their careers are now in danger of perishing.

The eighteenth-century Republic of Letters had been transformed into a professional Republic of Learning, and it is now open to amateurs—amateurs in the best sense of the word, lovers of learning among the general citizenry. Openness is operating everywhere, thanks to “open access” repositories of digitized articles available free of charge, the Open Content Alliance, the Open Knowledge Commons, OpenCourseWare, the Internet Archive, and openly amateur enterprises like Wikipedia. The democratization of knowledge now seems to be at our fingertips. We can make the Enlightenment ideal come to life in reality.

What provoked these jeremianic- utopian reflections? Google. Four years ago, Google began digitizing books from research libraries, providing full-text searching and making books in the public domain available on the Internet at no cost to the viewer. For example, it is now possible for anyone, anywhere to view and download a digital copy of the 1871 first edition of Middlemarch that is in the collection of the Bodleian Library at Oxford. Everyone profited, including Google, which collected revenue from some discreet advertising attached to the service, Google Book Search. Google also digitized an ever-increasing number of library books that were protected by copyright in order to provide search services that displayed small snippets of the text. In September and October 2005, a group of authors and publishers brought a class action suit against Google, alleging violation of copyright. Last October 28, after lengthy negotiations, the opposing parties announced agreement on a settlement, which is subject to approval by the US District Court for the Southern District of New York.[2]

The settlement creates an enterprise known as the Book Rights Registry to represent the interests of the copyright holders. Google will sell access to a gigantic data bank composed primarily of copyrighted, out-of-print books digitized from the research libraries. Colleges, universities, and other organizations will be able to subscribe by paying for an “institutional license” providing access to the data bank. A “public access license” will make this material available to public libraries, where Google will provide free viewing of the digitized books on one computer terminal. And individuals also will be able to access and print out digitized versions of the books by purchasing a “consumer license” from Google, which will cooperate with the registry for the distribution of all the revenue to copyright holders. Google will retain 37 percent, and the registry will distribute 63 percent among the rightsholders.

Meanwhile, Google will continue to make books in the public domain available for users to read, download, and print, free of charge. Of the seven million books that Google reportedly had digitized by November 2008, one million are works in the public domain; one million are in copyright and in print; and five million are in copyright but out of print. It is this last category that will furnish the bulk of the books to be made available through the institutional license.

Many of the in-copyright and in-print books will not be available in the data bank unless the copyright owners opt to include them. They will continue to be sold in the normal fashion as printed books and also could be marketed to individual customers as digitized copies, accessible through the consumer license for downloading and reading, perhaps eventually on e-book readers such as Amazon’s Kindle.

After reading the settlement and letting its terms sink in—no easy task, as it runs to 134 pages and 15 appendices of legalese—one is likely to be dumbfounded: here is a proposal that could result in the world’s largest library. It would, to be sure, be a digital library, but it could dwarf the Library of Congress and all the national libraries of Europe. Moreover, in pursuing the terms of the settlement with the authors and publishers, Google could also become the world’s largest book business—not a chain of stores but an electronic supply service that could out-Amazon Amazon.

An enterprise on such a scale is bound to elicit reactions of the two kinds that I have been discussing: on the one hand, utopian enthusiasm; on the other, jeremiads about the danger of concentrating power to control access to information.

Google is not a guild, and it did not set out to create a monopoly. On the contrary, it has pursued a laudable goal: promoting access to information. But the class action character of the settlement makes Google invulnerable to competition. Most book authors and publishers who own US copyrights are automatically covered by the settlement. They can opt out of it; but whatever they do, no new digitizing enterprise can get off the ground without winning their assent one by one, a practical impossibility, or without becoming mired down in another class action suit. If approved by the court—a process that could take as much as two years—the settlement will give Google control over the digitizing of virtually all books covered by copyright in the United States.

Google alone has the wealth to digitize on a massive scale. And having settled with the authors and publishers, it can exploit its financial power from within a protective legal barrier; for the class action suit covers the entire class of authors and publishers. No new entrepreneurs will be able to digitize books within that fenced-off territory, even if they could afford it, because they would have to fight the copyright battles all over again. If the settlement is upheld by the court, only Google will be protected from copyright liability.

Google’s record suggests that it will not abuse its double-barreled fiscal-legal power. But what will happen if its current leaders sell the company or retire? The public will discover the answer from the prices that the future Google charges, especially the price of the institutional subscription licenses. The settlement leaves Google free to negotiate deals with each of its clients, although it announces two guiding principles: “(1) the realization of revenue at market rates for each Book and license on behalf of the Rightsholders and (2) the realization of broad access to the Books by the public, including institutions of higher education.”

What will happen if Google favors profitability over access? Nothing, if I read the terms of the settlement correctly. Only the registry, acting for the copyright holders, has the power to force a change in the subscription prices charged by Google, and there is no reason to expect the registry to object if the prices are too high. Google may choose to be generous in it pricing, and I have reason to hope it may do so; but it could also employ a strategy comparable to the one that proved to be so effective in pushing up the price of scholarly journals: first, entice subscribers with low initial rates, and then, once they are hooked, ratchet up the rates as high as the traffic will bear.

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David Foster Wallace on postmodernism & waiting for the parents to come home

From Larry McCaffery’s “Conversation with David Foster Wallace” (Dalkey Archive Press at the University of Illinois: Summer 1993):

For me, the last few years of the postmodern era have seemed a bit like the way you feel when you’re in high school and your parents go on a trip, and you throw a party. You get all your friends over and throw this wild disgusting fabulous party. For a while it’s great, free and freeing, parental authority gone and overthrown, a cat’s-away-let’s-play Dionysian revel. But then time passes and the party gets louder and louder, and you run out of drugs, and nobody’s got any money for more drugs, and things get broken and spilled, and there’s a cigarette burn on the couch, and you’re the host and it’s your house too, and you gradually start wishing your parents would come back and restore some fucking order in your house. It’s not a perfect analogy, but the sense I get of my generation of writers and intellectuals or whatever is that it’s 3:00 A.M. and the couch has several burn-holes and somebody’s thrown up in the umbrella stand and we’re wishing the revel would end. The postmodern founders’ patricidal work was great, but patricide produces orphans, and no amount of revelry can make up for the fact that writers my age have been literary orphans throughout our formative years. We’re kind of wishing some parents would come back. And of course we’re uneasy about the fact that we wish they’d come back—I mean, what’s wrong with us? Are we total pussies? Is there something about authority and limits we actually need? And then the uneasiest feeling of all, as we start gradually to realize that parents in fact aren’t ever coming back—which means we’re going to have to be the parents.

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David Foster Wallace on the importance of writing within formal constraints

From Larry McCaffery’s “Conversation with David Foster Wallace” (Dalkey Archive Press at the University of Illinois: Summer 1993):

You’re probably right about appreciating limits. The sixties’ movement in poetry to radical free verse, in fiction to radically experimental recursive forms—their legacy to my generation of would-be artists is at least an incentive to ask very seriously where literary art’s true relation to limits should be. We’ve seen that you can break any or all of the rules without getting laughed out of town, but we’ve also seen the toxicity that anarchy for its own sake can yield. It’s often useful to dispense with standard formulas, of course, but it’s just as often valuable and brave to see what can be done within a set of rules—which is why formal poetry’s so much more interesting to me than free verse. Maybe our touchstone now should be G. M. Hopkins, who made up his “own” set of formal constraints and then blew everyone’s footwear off from inside them. There’s something about free play within an ordered and disciplined structure that resonates for readers. And there’s something about complete caprice and flux that’s deadening.

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