- Nov 2022
-
-
“In order to talk to each other, we have to have words, and that’s all right. It’s a good idea to try to see the difference, and it’s a good idea to know when we are teaching the tools of science, such as words, and when we are teaching science itself,” Feynman said.
Maths, Logic, Computer Science, Chess, Music, and Dance
A similar observation could be made about mathematics, logic, and computer science. Sadly, public education in the states seems to lose sight that the formalisms in these domains are merely the tools of the trade and not the trade itself (ie, developing an understanding of the fundamental/foundational notions, their relationships, their instantiations, and cultivating how one can develop capacity to "move" in that space).
Similarly, it's as if we encourage children that they need to merely memorize all the movements of chess pieces to appreciate the depth of the game.
Or saying "Here, just memorize these disconnected contortions of the hand upon these strings along this piece of wood. Once you have that down, you've experienced all that guitar, (nay, music itself!) has to offer."
Or "Yes, once, you internalize the words for these moves and recite them verbatim, you will have experienced all the depth and wonder that dance and movement have to offer."
However, none of these examples are given so as to dismiss or ignore the necessity of (at least some level of) formalistic fluency within each of these domains of experience. Rather, their purpose is to highlight the parallels in other domains that may seem (at first) so disconnected from one's own experience, so far from one's fundamental way of feeling the world, that the only plausible reasons one can make to explain why people would waste their time engaging in such acts are 1. folly: they merely do not yet know their activities are absurd, but surely enough time will disabuse them of their foolish ways. 2. madness: they cannot ever know the absurdity of their acts, for "the absurd" and "the astute" are but two names for one and the same thing in their world of chaos. 3. apathy: they in fact do see the absurdity in their continuing of activities which give them no sense of meaning, yet their indifference insurmountably impedes them from changing their course of action. For how could one resist the path of least resistance, a road born of habit, when one must expend energy to do so but that energy can only come from one who cares?
Or at least, these 3 reasons can surely seem like that's all there possibly could be to warrant someone continuing music, chess, dance, maths, logic, computer science, or any apparently alien craft. However, if one takes time to speak to someone who earnestly pursues such "alien crafts", then one may start to perceive intimations of something beyond their current impressions
The contorted clutching of the strings now seems... coordinated. The pensive placement of the pawns now appears... purposeful. The frantic flailing of one's feet now feels... freeing. The movements of one's mind now feels... marvelous.
So the very activity that once seemed so clearly absurd, becomes cognition and shapes perspectives beyond words
-
- Feb 2014
-
cyber.law.harvard.edu cyber.law.harvard.edu
-
I n T h e T r a d e - M a r k C a s e s , t h e C o u r t a d d r e s s e d t h e c o n s t i t u t i o n a l s c o p e o f " w r i t i n g s . " F o r a p a r t i c u l a r w o r k t o b e c l a s s i f i e d " u n d e r t h e h e a d o f w r i t i n g s o f a u t h o r s , " t h e C o u r t d e t e r m i n e d , " o r i g i n a l i t y i s r e q u i r e d . " 1 0 0 U . S . , a t 9 4 . T h e C o u r t e x p l a i n e d t h a t o r i g i n a l i t y r e q u i r e s i n d e p e n d e n t c r e a t i o n p l u s a m o d i c u m o f c r e a t i v i t y : " [ W ] h i l e t h e w o r d w r i t i n g s m a y b e l i b e r a l l y c o n s t r u e d , a s i t h a s b e e n , t o i n c l u d e o r i g i n a l d e s i g n s f o r e n g r a v i n g , p r i n t s , & c . , i t i s o n l y s u c h a s a r e o r i g i n a l , a n d a r e f o u n d e d i n t h e c r e a t i v e p o w e r s o f t h e m i n d . T h e w r i t i n g s w h i c h a r e t o b e p r o t e c t e d a r e t h e f r u i t s o f i n t e l l e c t u a l l a b o r , e m b o d i e d i n t h e f o r m o f b o o k s , p r i n t s , e n g r a v i n g s , a n d t h e l i k e . " I b i d . ( e m p h a s i s i n o r i g i n a l ) .
In The Trade-Mark Cases the Court addressed the constitutional scope of writings saying for a particular work to be classified "under the head of writings of authors," the Court determined, "originality is required"; independent creation plus a modicum of creativity.
-
O r i g i n a l i t y i s a c o n s t i t u t i o n a l r e q u i r e m e n t . T h e s o u r c e o f C o n g r e s s ' p o w e r t o e n a c t c o p y r i g h t l a w s i s A r t i c l e I , § 8 , c l . 8 , o f t h e C o n s t i t u t i o n , w h i c h a u t h o r i z e s C o n g r e s s t o " s e c u r [ e ] f o r l i m i t e d T i m e s t o A u t h o r s . . . t h e e x c l u s i v e R i g h t t o t h e i r r e s p e c t i v e W r i t i n g s . " I n t w o d e c i s i o n s f r o m t h e l a t e 1 9 t h c e n t u r y — T h e T r a d e - M a r k C a s e s , 1 0 0 U . S . 8 2 ( 1 8 7 9 ) ; a n d B u r r o w - G i l e s L i t h o g r a p h i c C o . v . S a r o n y , 1 1 1 U . S . 5 3 ( 1 8 8 4 ) — t h i s C o u r t d e f i n e d t h e c r u c i a l t e r m s " a u t h o r s " a n d " w r i t i n g s . " I n s o d o i n g , t h e C o u r t m a d e i t u n m i s t a k a b l y c l e a r t h a t t h e s e t e r m s p r e s u p p o s e a d e g r e e o f o r i g i n a l i t y .
This Court defined the crucial terms authors and writings.
-