O que é este blog?

Este blog trata basicamente de ideias, se possível inteligentes, para pessoas inteligentes. Ele também se ocupa de ideias aplicadas à política, em especial à política econômica. Ele constitui uma tentativa de manter um pensamento crítico e independente sobre livros, sobre questões culturais em geral, focando numa discussão bem informada sobre temas de relações internacionais e de política externa do Brasil. Para meus livros e ensaios ver o website: www.pralmeida.org. Para a maior parte de meus textos, ver minha página na plataforma Academia.edu, link: https://itamaraty.academia.edu/PauloRobertodeAlmeida.

Mostrando postagens com marcador NYTimes. Mostrar todas as postagens
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sábado, 16 de janeiro de 2021

E-book reader should be interested: Amazon pricing every e-book at US$ 9,99, despite their value - Shira Ovide (NYTimes)

 

Technology

January 15, 2021

When tech antitrust failed

Angie Wang

If you’ve wondered recently why prices for e-books seem high, let me tell you why a failure of antitrust law might be (partly) to blame.

A government antitrust lawsuit a decade ago that was intended to push down prices helped lead instead to higher ones.

The outcome suggests that the U.S. government’s lawsuits against Google and Facebook and a just-announced Connecticut antitrust investigation into Amazon’s e-book business may not have the desired effects, even if the governments win. It turns out that trying to change allegedly illegal corporate behavior can backfire.

Cast your mind back to 2012. The second “Twilight” movie was big. And the Justice Department sued Apple and five of America’s leading book publishers in the name of protecting consumers and our wallets.

Book publishers were freaked out about Amazon’s habit of pricing many popular Kindle books at $9.99 no matter what the book companies thought the price should be. Amazon was willing to lose money on e-books, but the publishers worried that this would devalue their products.

The government said that to strike back at Amazon, the book companies and Apple made a deal. Publishers could set their own e-book prices on Apple’s digital bookstore, and they essentially could block discounts by any bookseller, including Amazon.

To the government this looked like a conspiracy to eliminate competition over prices — a big no-no under antitrust laws. Eventually the book publishers settled and Apple lost in court.

Later, Amazon, Apple and other e-book sellers agreed to let publishers enforce e-book prices. The arrangements were legally kosher because they were separately negotiated between each publisher and bookseller. (I can’t answer why Amazon agreed to this.)

The government won but the publishers got what they wanted with e-books. Bookstores can choose to take a loss to heavily discount a print book, but they typically can’t with digital editions. The $10 mass-market e-book is mostly gone.

How did an antitrust case meant to lower prices instead possibly lead to higher prices? Christopher L. Sagers, a law professor at Cleveland State University who wrote a book about the e-books litigation, told me that he believes it’s a failure of corporate antitrust laws.

Professor Sagers and others believe that because a few major book publishers release most mass-market titles, they have the power to keep prices high. He laments that the antitrust laws have failed to stop industries from getting so concentrated. In other words, he thinks it’s bad for all of us that a book-publishing monopoly is trying to fight Amazon’s monopoly.

“American antitrust is basically a failure and this case was a microcosm,” he told me.

Somehow this newsletter keeps coming back to this debate. An influential view — particularly among left-leaning economists, politicians and scholars — is that U.S. antitrust laws or the way they’re applied are flawed. They believe that the government has failed to stop the increasing corporate concentration and mergers in industries like airlines, banking and technology, which has led to higher prices, worse products and income inequality.

In the long run for the book industry and for us, it could be healthy that the artificially low $10 mass-market digital novel is gone. And there are lots of low-priced Kindle works, though, from self-published authors and Amazon’s own book-publishing unit.

Amazon was selling the e-book edition of Professor Sagers’s book about the price-fixing lawsuit for $28.45 on Friday — a price dictated by the book publisher. “I wish it were cheaper,” he said. “I wanted a lot of people to read it.”

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segunda-feira, 30 de novembro de 2020

A Grande Mentira na Alemanha de 1918 e nos EUA de 2020 - Jochen Bittner

Minhas considerações iniciais a um artigo importante. 

Trump — que é um idiota completo e não tem a menor ideia de que está construindo uma estratégia política, pois só quer manter seu eleitorado para tentar novamente em 2024 —, pode estar repetindo, sem ter consciência disso, o famoso mito dos alemães de direita e conservadores em 1918: a mentira da traição pelas costas, por parte de socialistas e do grande capital judeu. Isso alimentou o caminho da vitória dos nazistas em 1932. Trump quer manter o mito e a mentira de que as eleições foram fraudadas em seu desfavor em 2020: 88% dos seus eleitores acreditam que foram roubados. O Grande Mentecapto continua destruindo a democracia americana.

No Brasil, temos um outro Grande Mentecapto que continua repetindo que as eleições foram fraudadas em 2018, as mesmas urnas que deram vitória a FHC, a Lula, a Dilma e a ele. Idiota IRRESPONSÁVEL!

Paulo Roberto de Almeida

 

Opinion

1918 Germany Has a Warning for America

Donald Trump’s “Stop the Steal” campaign recalls one of the most disastrous political lies of the 20th century.

By Jochen Bittner

Contributing Opinion Writer

The New York Times, November 29 2020

 


HAMBURG, Germany — It may well be that Germans have a special inclination to panic at specters from the past, and I admit that this alarmism annoys me at times. Yet watching President Trump’s “Stop the Steal” campaign since Election Day, I can’t help but see a parallel to one of the most dreadful episodes from Germany’s history.

 

One hundred years ago, amid the implosions of Imperial Germany, powerful conservatives who led the country into war refused to accept that they had lost. Their denial gave birth to arguably the most potent and disastrous political lie of the 20th century — the Dolchstosslegende, or stab-in-the-back myth.

 

Its core claim was that Imperial Germany never lost World War I. Defeat, its proponents said, was declared but not warranted. It was a conspiracy, a con, a capitulation — a grave betrayal that forever stained the nation. That the claim was palpably false didn’t matter. Among a sizable number of Germans, it stirred resentment, humiliation and anger. And the one figure who knew best how to exploit their frustration was Adolf Hitler.

 

Don’t get me wrong: This is not about comparing Mr. Trump to Hitler, which would be absurd. But the Dolchstosslegende provides a warning. It’s tempting to dismiss Mr. Trump’s irrational claim that the election was “rigged” as a laughable last convulsion of his reign or a cynical bid to heighten the market value for the TV personality he might once again intend to become, especially as he appears to be giving up on his effort to overturn the election result.

  

  But that would be a grave error. Instead, the campaign should be seen as what it is: an attempt to elevate “They stole it” to the level of legend, perhaps seeding for the future social polarization and division on a scale America has never seen.

 

In 1918, Germany was staring at defeat. The entry of the United States into the war the year before, and a sequence of successful counterattacks by British and French forces, left German forces demoralized. Navy sailors went on strike. They had no appetite to be butchered in the hopeless yet supposedly holy mission of Kaiser Wilhelm II and the loyal aristocrats who made up the Supreme Army Command.

 

  A starving population joined the strikes and demands for a republic grew. On Nov. 9, 1918, Wilhelm abdicated, and two days later the army leaders signed the armistice. It was too much to bear for many: Military officers, monarchists and right-wingers spread the myth that if it had not been for political sabotage by Social Democrats and Jews back home, the army would never have had to give in.

 

The deceit found willing supporters. “Im Felde unbesiegt” — “undefeated on the battlefield” — was the slogan with which returning soldiers were greeted. Newspapers and postcards depicted German soldiers being stabbed in the back by either evil figures carrying the red flag of socialism or grossly caricatured Jews.

 

By the time of the Treaty of Versailles the following year, the myth was already well established. The harsh conditions imposed by the Allies, including painful reparation payments, burnished the sense of betrayal. It was especially incomprehensible that Germany, in just a couple of years, had gone from one of the world’s most respected nations to its biggest loser.

 

  The startling aspect about the Dolchstosslegende is this: It did not grow weaker after 1918 but stronger. In the face of humiliation and unable or unwilling to cope with the truth, many Germans embarked on a disastrous self-delusion: The nation had been betrayed, but its honor and greatness could never be lost. And those without a sense of national duty and righteousness — the left and even the elected government of the new republic — could never be legitimate custodians of the country.

 

In this way, the myth was not just the sharp wedge that drove the Weimar Republic apart. It was also at the heart of Nazi propaganda, and instrumental in justifying violence against opponents. The key to Hitler’s success was that, by 1933, a considerable part of the German electorate had put the ideas embodied in the myth — honor, greatness, national pride — above democracy.

 

The Germans were so worn down by the lost war, unemployment and international humiliation that they fell prey to the promises of a “Führer” who cracked down hard on anyone perceived as “traitors,” leftists and Jews above all. The stab-in-the-back myth was central to it all. When Hitler became chancellor on Jan. 30, 1933, the Nazi newspaper Völkischer Beobachter wrote that “irrepressible pride goes through the millions” who fought so long to “undo the shame of 9 November 1918.”

 

Germany’s first democracy fell. Without a basic consensus built on a shared reality, society split into groups of ardent, uncompromising partisans. And in an atmosphere of mistrust and paranoia, the notion that dissenters were threats to the nation steadily took hold.

 

Alarmingly, that seems to be exactly what is happening in the United States today. According to the Pew Research Center, 89 percent of Trump supporters believe that a Joe Biden presidency would do “lasting harm to the U.S.,” while 90 percent of Biden supporters think the reverse. And while the question of which news media to trust has long split America, now even the largely unmoderated Twitter is regarded as partisan. Since the election, millions of Trump supporters have installed the alternative social media app Parler. Filter bubbles are turning into filter networks.

 

In such a landscape of social fragmentation, Mr. Trump’s baseless accusations about electoral fraud could do serious harm. A staggering 88 percent of Trump voters believe that the election result is illegitimate, according to a YouGov poll. A myth of betrayal and injustice is well underway.

 

It took another war and decades of reappraisal for the Dolchstosslegende to be exposed as a disastrous, fatal fallacy. If it has any worth today, it is in the lessons it can teach other nations. First among them: Beware the beginnings.


 

Jochen Bittner (@JochenBittner) is a co-head of the debate section for the weekly newspaper Die Zeit and a contributing opinion writer.

 

The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.

 

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terça-feira, 2 de junho de 2020

A "imunidade qualificada" que permite à polícia americana matar impunemente

Por que a polícia americana mata tanta gente – geralmente pobres e negros - impunemente?
Pelo fato de que existe, desde 1967, uma decição da Corte Suprema que protege os policiais sob o conceito de "imunidade qualificada".
Esta matéria do NYTimes explica o que é...

NYTimes.com/Opinion
June 2, 2020
Illustration by The New York Times; photographs by AFP PHOTO/Courtesy of Breonna Taylor family, Pablo Martinez Monsivais/Associated Press Jose Luis Magana/Associated Press and Luke Sharrett for The New York Times
Author Headshot
By Spencer Bokat-Lindell
In the middle of the night on March 13, police officers executing a drug search warrant in Louisville, Ky., used a battering ram to crash into the apartment of Breonna Taylor, a 26-year-old black woman, and, after a brief confrontation with her boyfriend, who believed someone was trying to break into their home, shot her at least eight times, killing her on the spot. (No drugs were found.)
Taylor was an emergency room technician and had spent the last days of her life helping coronavirus patients at two local hospitals. “She loved to help people and she loved her family,” her mother said. “She didn’t deserve what they did to her.”
In April, Taylor’s mother filed a wrongful-death lawsuit. But to get justice, her lawyers say, they will have to overcome an obstacle known as “qualified immunity,” a legal doctrine that, in the words of Justice Sonia Sotomayor of the Supreme Court, has become “an absolute shield for law enforcement officers.”
It’s a phrase you’re likely to hear a lot more in the coming days. The Supreme Court is expected to announce soon whether it will reconsider the doctrine, and Justin Amash, a conservative congressman from Michigan, plans to introduce a bill this week to eliminate it. Here’s what people are saying about the protection and why it lies at the heart of the protests now roiling the nation.



What is qualified immunity?

Qualified immunity dates back to 1967, the same year a Miami police chief coined the phrase “when the looting starts, the shooting starts” while cracking down on black neighborhoods. Two states over, in Mississippi, the police had arrested a group of black clergymen for peacefully using a whites-only waiting room in a bus terminal. When the clergymen tried to sue the police for violating their civil rights, a court ruled that officers shouldn’t face legal liability for enforcing the law “in good faith and with probable cause.
That was already a high standard for plaintiffs to meet, The Times editorial board writes. But in 2009, the Supreme Court ruled that courts didn’t even need to consider whether a cop used excessive force unless another court had already “clearly established” that the same conduct in the same context in a previous case was unlawful and not worthy of immunity.
As Amir H. Ali and Emily Clark explain at The Appeal, a criminal justice journalism website, qualified immunity has effectively created a Catch-22 paradox in constitutional law: Where a precedent doesn’t exist, a court can punt on the question of whether a cop broke the law, which in turn ensures that a precedent doesn’t get set.
Important to note: Qualified immunity pertains only to civil suits. Convicting officers on criminal charges, such as those Derek Chauvin now faces in the killing of George Floyd, is exceedingly rare: Between 2005 and 2019, only three officers were found guilty of murder and saw their convictions stand.


What does qualified immunity look like?

In practice, qualified immunity makes it difficult for people to bring suits against police officers, to say nothing of winning them. Consider the case of Malaika Brooks:
  • In 2004, Brooks, a black woman who was seven months pregnant, was pulled over by the Seattle police for speeding while driving her 11-year-old son to school.
  • Brooks believed she had been wrongly stopped and refused to sign the ticket, thinking, mistakenly, that her signature would be an admission of guilt.
  • The officers then threatened to throw her in jail, twisted her arm behind her back and tased her three times — first on her thigh, then in an arm and then in her neck — before dragging her into the street, laying her face down and cuffing her.
Brooks sued the officers, and in 2011 a federal appeals court argued that a reasonable person could conclude that the officers had indeed violated her constitutional rights. But those same judges dismissed her case, arguing that no precedent had “clearly established” that tasing a woman in Brooks’s circumstances was unconstitutional at the time.
Brooks’s story is far from unique: An investigation by Reuters found that in the past 15 years, the courts have shown an increasing tendency to grant police officers immunity in excessive-force cases. The Supreme Court, for example, has denied immunity only twice in its 30 most recent relevant cases, according to George Will.

Who wants to reform qualified immunity?

People all across the political spectrum, actually. Justice Sotomayor is arguably the Supreme Court’s most left-leaning member, but her concern about police impunity is shared by one of the court’s most conservative members, Justice Clarence Thomas.

From the right: In The Wall Street Journal, Robert McNamara, a member of the Federalist Society, raises the case of Shaniz West, an Idaho woman who gave her house keys to the police to search for her ex-boyfriend, who was wanted on firearms charges. He wasn’t inside, but the police bombarded the house with grenades and shotguns until it was uninhabitable, leaving West homeless. West sued the officers for violating her Fourth Amendment rights, but her claim was rejected because of qualified immunity.
“Nobody seriously believes that consent to enter a home is permission to lob grenades into it. But no court has ever decided the question, because as far as I can tell, this is the first time anybody has made the argument,” McNamara writes. “Since no court has considered it, qualified immunity means West loses. As long as an official’s conduct is uniquely outrageous, it’s impossible to hold him liable for it.”
From the left: In the New Republic, Matt Ford notes the case of three California police officers who were accused of seizing more than $275,000 in rare coins from a person’s house while reporting that they had seized only $50,000. The federal Court of Appeals for the Ninth Circuit said the alleged theft of $225,000 was “deeply disturbing,” but it dismissed the suit anyway because it said no precedent had ever established that officers can’t steal on the job.
“This is what America is: a place that eagerly gives out get-out-of-jail-free cards to the powerful, while meting out harsh punishment to everyone else,” writes David Sirota in Jacobin. “The question now is whether we can imagine a society that is different? Can we imagine a legal system that punishes police violence and bigotry, repeals doctrines like ‘qualified immunity,’ and protects the right to peaceably protest?”

What reforming qualified immunity would — and wouldn’t — do

One of the few arguments against reforming qualified immunity is that it would open the door to a deluge of frivolous suits, which would chill officer behavior on the street and discourage people from becoming cops.
But these concerns are almost certainly unfounded, argues Joanna C. Schwartz, a professor at the University of California, Los Angeles, School of Law and an expert in police accountability. Why? For one thing, qualified immunity is only one of many barriers to success in civil rights suits. What’s more, police officers are virtually always indemnified, meaning that even when they are found liable for damages, taxpayers cover 99.98 percent of the bill.
But for these same reasons, eliminating qualified immunity will never be a silver bullet for police brutality. “Although eliminating qualified immunity would increase access to the courts, clarity about the law, and transparency about the conduct of government officials,” Schwartz says, “it would not fundamentally shift dynamics that make it difficult for plaintiffs to redress constitutional violations and deter official misconduct.”
To see what Schwartz means, consider the case of the Minneapolis officer Tou Thao: In 2014, Thao was accused of brutalizing a black man without probable cause, leaving him broken-toothed and traumatized. In 2017, Thao settled that suit out of court for $25,000, which the city of Minneapolis paid in full. And last Monday, Thao stood on the Minneapolis street where Derek Chauvin drove his weight into George Floyd’s neck, watching, for nearly nine minutes, until the life left Floyd’s body. As of this writing, a job is the only thing Thao has lost.

MORE PERSPECTIVES ON QUALIFIED IMMUNITY

The Systems That Protect the Police” [The New York Times]