
Michael Spezialy paints black-light paint on Luna Hendricks at the Los Angeles Burning Man “decompression” party last month.
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![]() | Kate Lacey for The New York Times
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Michael Spezialy paints black-light paint on Luna Hendricks at the Los Angeles Burning Man “decompression” party last month.
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![]() | Kate Lacey for The New York Times
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November 13, 2006 | |||
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DOW JONES REPRINTS ![]() ![]() ![]() www.djreprints.com. • See a sample reprint in PDF format. • Order a reprint of this article now. The Revolution May Be Briefly TelevisedPopular YouTube Clips' Short Shelf Life Reflects Copyright Laws Run Amuck November 13, 2006 This summer ESPN.com's Bill Simmons offered his readers a lengthy list1 of his all-time favorite YouTube clips. As one would expect from Mr. Simmons, the result was an entertaining romp through sports, movies, music videos and everything-but-the-kitchen-sink pop culture -- with no less than 49 different YouTube2 links to click through and sample. But all those links ensured Mr. Simmons' column would have a short shelf life. I missed the column the first time and saw it when ESPN spotlighted it again last week. And the moment I saw "YouTube," I knew I was too late. Sixteen of the clips -- nearly a third of them -- were gone, axed for violating YouTube's terms of use3, removed at the request of copyright holders, or taken back by the users who posted them. David Letterman's raw, heartfelt post-9/11 monologue? Removed at the request of CBS. Whatever Mr. Simmons billed as "the second greatest YouTube clip of all-time…unless you're a Yankee fan"? Gone -- Major League Baseball's new-media arm objected. The trailer for "Karate Kid III"? Removed for violating YouTube's terms of use. A clip from the ancient proto-reality-TV show "Battle of the Network Stars"? Ditto. A clip of great baseball fights from ESPN, Mr. Simmons' employer? Going, going, gone. "I figured some of them would get pulled," Mr. Simmons says via email, adding that "I was going to do a follow-up column with reader suggestions but decided against it. … I would actually use You Tube clips all the time to accentuate points in columns or give background to a play or game I was writing about, but I think it's frustrating to readers to click on those links three hours after the column has gone up and the clip has already been pulled." YOUTUBE'S TRAVAILS 11/03/06 • Media Titans Pressure YouTube on Copyrights5 10/14/06 • Is YouTube a Legal Gamble for Google?6 10/11/06 • Google Agrees to Buy YouTube7 10/10/06 • YouTube Model Is Compromise on Copyrights8 09/19/06 • YouTube Tries to Build a Lasting Business9 06/27/06 This is the YouTube curse: If a clip gets a lot of viewers, it immediately falls under scrutiny -- and if it's copyrighted material, as is often the case, the clip may well be removed, leaving useless links and frustrated viewers in its wake. Asking that clips be removed is a copyright holder's right, of course -- but this scenario raises a host of questions. Is there a level of success video sites dare not rise above, for fear of being sued into oblivion? And are our copyright laws still the right fit for an era where user-generated content is an increasingly important part of both art and daily life? YouTube is revolutionary, and it didn't take $1.65 billion from Google to make that plain. Remember how bad Web video used to be? It was a minefield of missing codecs, players that tried to take over every function of your computer once installed, and lots of staring at the dread word "buffering." If a link turned out to be video, many Net users would simply corner-X the player out of existence rather than wind up aggravated. YouTube changed all that. Suddenly video was easy for readers and for Web-site creators. And in time, it's become part of more and more sites, instead of some awkward tack-on to be endured rather than appreciated. Readers can watch a video just by clicking on a still image, without going somewhere else or dealing with a new window. But YouTube's rise has come with a built-in glass ceiling -- or maybe it's a cave roof studded with razor-sharp spikes. The vast majority of the video clips Mr. Simmons linked to are copyrighted material of one form or another: music videos, sports highlights or bits of old TV shows. And that's true of YouTube in general. While there are video clips, even popular ones, for which the uploaders own the rights, the site wouldn't command the audience or the acquisition price it has if it were solely a compendium of home movies and art projects. Today YouTube and the major media companies have what can safely be called a complicated relationship. Networks put clips on YouTube hoping to generate buzz while asking for other clips to be taken down. Record labels look the other way as some videos become favorites, then ask that other videos be removed. Media companies talk darkly of $150,000 per copyright violated, then strike licensing deals. As anyone who's ever been in a complicated relationship can tell you, they often grind along until all of a sudden they get simple -- by turning bad. And YouTube's potential legal troubles have attracted a cottage industry of critics, including Web veterans who know of what they speak. "Sure, there are people on the service who are not stealing, but I gotta think the majority of their traffic comes from stolen IP [intellectual property]," Weblogs founder Jason Calacanis wrote10 back in February. "A business based on stolen IP is just not sustainable -- there are too many high-priced lawyers out there." YouTube "building a traffic juggernaut around copyrighted audio and video without being sued is like.... well Napster at the beginning as the labels were trying to figure out what it meant to them," argued Web entrepreneur Mark Cuban11 in September, adding that it was a question of when YouTube was hit with a massive lawsuit, not if. Has the Google deal changed their minds? Not exactly: Searching for "YouTube" on those two blogs will give you an excellent primer in what could happen next -- as well as the rumor12 passed along by Mr. Cuban that Google has a cool $500 million earmarked for buying peace with media companies. Last week Google CEO Eric Schmidt denied such a reserve existed. (For his part, Mr. Simmons says that he loves YouTube, but adds that "I don't see how You Tube exists. I really don't. It reminds me of Napster in that something that's too good to be true probably is.") YouTube's champions think the Napster comparisons are unfair, pointing out that YouTube is quick to take down copyrighted material when asked, is striking deals whereever it can, and is working to develop online systems to automate identification of videos containing copyright material, with an eye toward ensuring copyright holders get a slice of revenue from ads that run alongside videos using their content. But Napster made promises and negotiated with media giants too. Yes, YouTube has struck more-substantive deals and found a buyer with market muscle and deep pockets. But neither is a guarantee of survival: YouTube may have come this far only because the media companies know it's a better promotional vehicle than Napster was and are hesitant to repeat the mistakes of the digital-music war. And despite Google's might, it remains at loggerheads with publishers over Google Book Search, which poses some of the same issues as YouTube. (A YouTube spokesman said the company wouldn't comment for this article.) YouTube is ingenious. It's a pleasure. In some cases it's clearly been a boon for content creators. (Take the "Saturday Night Live" skit "Lazy Sunday," an early YouTube favorite now available from NBC13, or OK Go's video for "Here It Goes Again," still available14 on YouTube.) There is genuinely popular material on it that isn't violating copyright, a claim that was hard to believe when made by Napster and its ilk. (Take this quietly haunting clip15, seen more than 3.5 million times.) It can be argued that it serves a social good. (The FBI and the Los Angeles Police Department are investigating two officers16 for allegedly beating a suspect last summer -- in large part because of a video17 that's been seen hundreds of thousands of times on YouTube.) Certainly it's become a media force in its own right. (The Republicans might still control the Senate if not for Virginia Sen. George Allen's "macaca" remark18, widely disseminated on YouTube.) But none of that changes some basic issues. Much of the material on YouTube belongs to somebody other than the person who uploaded it, with many videos that don't pose legal questions reaching a mass audience by riding on such material's coattails. YouTube knows this perfectly well, and while it wasn't founded as a clearinghouse for content that doesn't belong to uploaders, it's built a lot of its business serving as one. Content owners have rights, no matter how Neanderthal some may feel they are in exercising them. They have a right to defend their copyrights, even if that means passing up additional exposure for their content. They have the right to pursue their own content strategies, no matter how fragmented or inelegant or theoretical those may be. They have the right to do nothing with their content, even if that seems like a shame. Moreover, there's a certain coercion at work in Google Book Search (which I'm a fan of19, by the way), YouTube and other popular models that claim to be better methods of disseminating information that serve a greater good. But having said all that, one can't help feeling that something is askew, that the legal black and white is missing something vitally important. Maybe a little coercion is what's needed -- particularly when the balance between content owners' rights and the public good seems increasingly out of whack. Lawrence Lessig opens "Free Culture," his superb book on copyright and creative control in the Internet age (see more here20), with the Supreme Court's 1945 decision ruling that aircraft weren't trespassing on the property of the Causbys, a North Carolina farm family, despite long-established law declaring that property rights extended to "an indefinite extent, upwards." Such a doctrine "has no place in the modern world," wrote Justice William Douglas, who imagined near-infinite trespass suits against airline operators and concluded that "common sense revolts at the idea." So it is here. Digital technology has exploded the old paradigm of content being handed to us at a set time in a set format. We now increasingly repackage media to suit ourselves – time-shifting it with TiVo, clipping it with video-editing software or remixing it for other purposes, and posting it with YouTube. That transition is a wrenching one for content creators, and we shouldn't expect them to surrender how that content is used without compensation or discussion. But it certainly suggests that the old doctrines have less and less place in the modern world, and shouldn't be kept alive solely through the brute force of lobbying and litigation. Even if your taste doesn't run to art assembled from digital footage, YouTube is increasingly the new digital watercooler of office, bar and living-room discussions. If you missed out on last night's big event, you can catch up on YouTube. (And, increasingly, many people see such events for the first time there.) Doesn't that have some value as well? Music videos don't belong on YouTube -- they're entire works of art in their own right, and a market for them exists. (Witness iTunes.) But beyond that, where's the harm? It's risible to suggest that content owners are hurt by videos of teenagers lip-synching to hip-hop songs, that the market for sports DVD is destroyed by fans being allowed to relive a team's great moment, or that artists reusing footage of some famous televised event destroys interest in documentaries. Mr. Letterman's post-9/11 monologue resonates for Mr. Simmons and others five years later -- shouldn't it be available online? I couldn't find it; a CBS spokeswoman said she doesn't think it's available. It should be: It's part of our common culture, along with those big sports moments, bits of televised history and famous TV moments. Isn't there some social value to making these bits of video simply and easily available for anyone and everyone to view, reinterpret and comment on? We could spend decades working through the thickets of rights issues, with the risk of a few holdouts wrecking the entire thing through litigation. We could endure a long game of intellectual-property Whack-a-Mole, in which YouTube is ruined by litigation, then replaced by a new video-sharing site that catches the public imagination until it too gets too big to survive a legal barrage, and lather, rinse, repeat -- all as links go dead and exchanges of ideas are stifled. We could settle for that. But as Justice Douglas once did, perhaps we should wonder if this legal tangle has a place in the modern world. There has to be another way. What should the rules be governing Web content on sites like YouTube? Write to me at realtime@wsj.com21 -- comments are posted periodically in this column. If you don't want your comments considered for Real Time, please make that clear. |
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Friday, November 03, 2006
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Invasor, center, outran the favorite, Bernardini, down the stretch to win the Breeders' Cup Classic.
Filed at 7:32 p.m. ET
LOUISVILLE, Ky. (AP) -- Born in Argentina, a hero in Uruguay, and now a champion in America.
Invasor beat the mighty Bernardini in the $5 million Breeders' Cup Classic on Saturday, delivering a performance worthy of Horse of the Year honors.
When the two went eyeball-to-eyeball in the stretch at Churchill Downs and the crowd of 75,132 cheering, it was Bernardini who blinked as Invasor blew past for a one-length victory.
''For sure, he's the older horse of the year. Maybe the Horse of the Year,'' Invasor's trainer Kiaran McLaughlin said. ''He's a great horse to have in your stable, that's for sure.''
Invasor's win in America's richest race was the ninth in 10 career starts for the 4-year-old colt, whose only loss was in the UAE Derby in Dubai after he was purchased by Sheik Hamdan's Shadwell Stable.
But when he arrived here under McLaughlin's care, the colt ripped off wins in the Pimlico Special, the Surburan Handicap and the Whitney Handicap.
Invasor was supposed to meet Bernardini in the Jockey Club Gold Cup, but spiked a fever and missed the race. It was 91 days between races, but it didn't bother Invasor, bred in Argentina and the Uruguay's Triple Crown winner.
''We were lucky to keep him on schedule,'' McLaughlin said. ''He missed one work and one race. He gets a lot out of his gallops and we felt very good. He has come on a lot in the last 90 days.''
With Brother Derek setting the pace, Bernardini made a bold move for the lead around the far turn, and seemed to take charge entering the stretch, as a cheer went up from the Churchill Downs crowd of 75,132.
But Invasor, with 18-year-old Fernando Jara aboard, wouldn't let Bernardini get away and roared past for the victory. And just like that, Bernardini's six-racing winning streak wasn't so impressive anymore.
There was an objection lodged against Bernardini by Brother Derek's jockey, Alex Solis. He claimed Bernardini banged into his colt in the stretch, but the stewards let the order of finish stand.
In the winner's circle, trainer Kiaran McLaughlin was smiling, hugging people and clapping his hands.
Earlier, though, there was tragedy when the filly Pine Island was euthanized after breaking down on the backstretch during the $2.2 million Distaff. Fleet Indian, the favorite, also was injured in the race won by Round Pond, but was expected to recover.
Javier Castellano, Bernardini's regular rider, was aboard Pine Island but gave a thumb's up sign after tumbling off the filly and getting to his feet. He said the fall didn't affect his ride aboard Bernardini.
''I'm not disappointed at all. You can't win all the races,'' Castellano said. ''I had to ask him for the first time today. He passed the other horses easily. He gave me everything. He's a fighter and didn't want to get beat. He has a good heart. I feel really lucky.''
Trainer Todd Pletcher was not so lucky. Hesent out a record 17 horses and was shut out. He had second-place finishes in three races -- Octave in the $2 million Juveniles Fillies, Circular Quay in the $2 million Juvenile and Friendly Island in the $2.1 million Sprint, and still finished with more than $3.4 million in earnings.
Before the Classic, there were several big upsets. Miesque's Approval won the $2.1 million Mile at 24-1; 15-1 shots took the Sprint (Thor's Echo) and the Juvenile (Street Sense); Round Pond was 13-1 in the Distaff; and Red Rocks captured the $3 million Turf at 11-1.
Invasor covered the 1 1/4 miles in 2:02.18 and returned $15.40 to win as the second betting choice. Lava Man, the best of the West Coast with a 7-for-7 record this year, was never a factor and finished seventh.
Premium Tap was third, followed by 2005 Kentucky Derby winner Giacomo, Brother Derek, George Washington, Lava Man, Perfect Drift, Lawyer Ron, Sun King, Flower Alley, Suave and David Junior.
Invasor earned $2.7 million for the victory and boosted his career earnings to $3,904,070.
It's been a sensational season for Shadwell, McLaughlin and Jara. They teamed to win their first Triple Crown race earlier in the year -- taking the Belmont Stakes with Jazil in June. In addition, Sheik Hamdan won the Classic duel with his younger
brother, Sheik Mohammed, who owns Bernardini. Distaff
Pine Island, trained by Shug McGaughey, was removed from the track in an ambulance and euthanized because of a dislocated left front ankle, which broke the skin and introduced infection into her bloodstream, said Dr. C. Wayne McIlwraith, an on-call veterinarian
Fleet Indian sustained ligament injuries in her left front fetlock joint, which is repairable, said McIlwraith.
There were few smiles in the winner's circle from Round Pond trainer Michael Matz and jockey Edgar Prado, who endured similar heartbreak when Barbaro took a devastating misstep in the Preakness Stakes in May.
Barbaro's injury ended his career, and he is still recovering.
''I've been in that situation and nobody ever likes to see that
happen,'' Matz said. Juvenile
Street Sense pulled a big upset, and now has a big burden to carry into next year's Kentucky Derby.
After a record-setting 10-length win in the Juvenile, Street Sense now becomes the early Derby favorite saddled with trying to break a 23-year-old jinx: No Juvenile winner has gone on to win the run for the roses.
''I don't believe in anything,'' trainer Carl Nafzger said. ''The only problem we got in winning the Derby is we're 1 in 18,000. There's 18,000 other colts out there to run at us. You've got to be ready on this Saturday and that Saturday.''
Street Sense, ridden by Calvin Borel, shot through along the rail to win by the largest margin in the Juvenile's 23-year history -- and second largest in any Breeders' Cup race.
Street Sense paid $32.40 to win. Juvenile Fillies
Dreaming of Anna left her owner with tears in his eyes after an emotional victory.
Named after owner Frank Calabrese's sister, who died of cancer 16 years ago, Dreaming of Anna took the lead early and beat Octave by 1 1/2 lengths to remain undefeated in four starts.
Calabrese's eyes welled with tears on his 78th birthday, and he was too choked up to talk immediately after the race. Later, he said he would consider running his filly in the Kentucky Derby.
''If she stays healthy, I think she can do it,'' he said.
Dreaming of Anna likely clinched the 2-year-old filly
championship in beating 13 rivals. Filly & Mare Turf
Just call Ouija Board the queen of the turf.
The 5-year-old European sensation unleashed an explosive rally in the stretch and won the Filly & Mare Turf by 2 1/4 lengths over Film Maker in her final race in America.
Ouija Board also won the 2004 Filly & Mare Turf at Lone Star Park and finished second in last year's edition at Belmont Park.
''I was very fortunate to have ridden her,'' jockey Frankie Dettori said. ''She's the best filly in the world, without a doubt.''
Ouija Board will be retired at the end of the season after races
in Japan and Hong Kong. The 7-5 favorite returned $4.80 to win. Sprint
Thor's Echo took the lead at the top of the stretch and pulled an upset in the Sprint, defeating another long shot, Friendly Island, by four lengths.
Henny Hughes, the 8-5 favorite, finished last in the 14-horse field.
Thor's Echo paid $33.20 to win. Mile
Miesque's Approval was headed for retirement late last year. Marty Wolfson talked owner Charlotte Weber out of it, and the 7-year-old horse won the biggest race of his career.
Pulling away in the stretch, Miesque's Approval beat Aragorn by
2 3/4 lengths at odds of 24-1, returning $50.60 to win. Turf
Red Rocks rallied for an upset as Frankie Dettori won his second Breeders' Cup race of the day.
''I'm having a fabulous Breeders' Cup,'' Dettori said before launching his famed flying dismount in the winner's circle.
Red Rocks, trained by Brian Meehan, paid $23.60 to win.
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To Stand or Fall in Baghdad: Capital Is Key to Mission
Capt. Richard Low, right, talking with members of the Iraqi National Police recently. Two Iraqi officers, from different checkpoints in Baghdad, discovered that their radios did not have matching frequencies
BAGHDAD, Oct. 22 — After three years of trying to thwart a potent insurgency and tamp down the deadly violence in Iraq, the American military is playing its last hand: the Baghdad security plan.
The plan will be tweaked, adjusted and modified in the weeks ahead, as American commanders try to reverse the dismaying increase in murders, drive-by shootings and bombings.
But military commanders here see no plausible alternative to their bedrock strategy to clear violence-ridden neighborhoods of militias, insurgents and arms caches, hold them with Iraqi and American security forces, and then try to win over the population with reconstruction projects, underwritten mainly by the Iraqi government. There is no fall-back plan that the generals are holding in their hip pocket. This is it.
The Iraqi capital, as the generals like to say, is the center of gravity for the larger American mission in Iraq. Their assessment is that if Baghdad is overwhelmed by sectarian strife, the cause of fostering a more stable Iraq will be lost. Conversely, if Baghdad can be improved, the effects will eventually be felt elsewhere in Iraq. In invading Iraq, American forces started from outside the country and fought their way in. The current strategy is essentially to work from the inside out.
"As Baghdad goes, so goes Iraq," observed Lt. Gen. Peter W. Chiarelli, who commands American forces throughout Iraq.
Many ideas — new and not so new — are being discussed in Washington, like a sectarian division of Iraq (which the current government and many Iraqis oppose); and starting talks with Iraq's neighbor, Iran (which the Iraqi government is already doing, but the United States is not). Some of these ideas look appealing simply because they have not been put to the test.
However the broader strategy may be amended, nothing can work if Baghdad becomes a war-torn Beirut. Baghdad security may not be a sufficient condition for a more stable Iraq, but it is a necessary condition for any alternative plan that does not simply abandon the Iraqis to their fate.
It is hard to see how any Iraq plan can work if the capital's citizens cannot be protected.
The current operation is called Together Forward II, the second phase of an effort begun in July to reduce violence in Baghdad. The name reflects the core assumption that the Iraqi government is to be an equal partner in regaining control of its capital. Necessarily, the security plan requires an integrated political and military approach, since its goal is not to vanquish an enemy on a foreign battlefield but to bring order to a militia-and-insurgent-plagued city.
But the early returns have raised searching questions as to whether the government of Prime Minister Nuri Kamal al-Maliki is truly prepared to tackle the mission.
"It is a decisive period," said Maj. Gen. J. D. Thurman, the commander of the Fourth Infantry Division and the senior commander of the American forces in Baghdad.
"They either seize the opportunity or they don't," he said. "If they don't, then our government is going to have to readjust what we are going to do, and that is not my call."
Since it would take several months to secure and begin reconstruction in the dozen or so strife-ridden neighborhoods that are the focus of the plan, American commanders said the viability of the strategy could not be properly assessed before the year's end. So far, however, the plan has been short on resources as well as results. The Iraqi Defense Ministry has supplied only two of the six Iraqi Army battalions that General Thurman has requested.
That is not just a question of numbers. Some American military officers say they believe the Iraqi Army may be more effective than the Iraq police, and more trusted by local citizens. Yet several Iraqi battalions have deserted rather than follow orders to go to Baghdad, according to American military officials. In the case of these units, summoning them to the Iraqi capital was tantamount to demobilizing them.
Some of the Iraqi police forces the Americans must work with have been infiltrated by militias. One Iraqi National Police unit has already been withdrawn from the streets and a training program has been instituted to improve the others. The Americans are carefully monitoring a number of police stations that they say have made common cause with some of the militias and intend to report them to the Iraqi government.
The original concept behind the plan was that American forces were to hold cleared areas for 60 to 90 days, during which the process of economic reconstruction would begin. Then American forces would turn the sectors over to Iraqi police and army units, freeing up American troops to tackle security challenges elsewhere in the city. Without sufficient Iraqi forces, however, this process has been hampered and it has been more difficult to prevent militias and insurgents from sneaking back into cleared areas.
"What takes the combat power is the holding piece," said General Thurman. "We can do the clearing. But once you clear if you don't leave somebody in there and build civil capacity in there then it is the old mud-hole approach. You know the water runs out of the mud hole when you drive through the mud hole and then it runs back in it."
Delays in Iraqi government programs to improve electrical, sewage, water and health facilities have also hampered the effort. It had been expected that such Iraqi programs would begin before Ramadan, the monthlong holiday that is about to end. But the programs are now projected to start in November. In the absence of large-scale Iraqi programs, the Americans have sponsored some smaller efforts to improve sanitation and repair services, programs that have generated jobs and helped lower the unemployment rate in the city.
While the sectarian violence would be far worse if not for the American efforts, the number of murders in the Baghdad area has not decreased as hoped. Fifty-two bodies were found in General Thurman's sector, which includes Baghdad and large swaths of territory north and south of the city, during the first week of August, when the security operations began. During the week that ended Oct. 14, the body count was 176. For the week that ended Oct. 21, the body count was 143, a noteworthy decline but still more than at the start of the operation.
There are a number of ideas being discussed in private to fix the plan. Americans still hope to receive additional Iraqi Army forces next month. They also hope to persuade the Iraqi government to purge police stations infiltrated by militias. Iraqi deployment areas may also be realigned.
American forces have already shifted some forces to new high-violence sectors and may make further adjustments. Shrinking the military zone controlled by the American Baghdad-based division, which now extends south to the cities of Najaf and Karbala, has also been discussed as a way to increase the density of American troops in the capital.
Erecting more barricades to section off parts of the city has been proposed by some officers. So has legitimizing some neighborhood watch organizations. That idea cuts against the policy to abolish militias but has been advocated by some military officials as a useful expedient.
Keeping the Army's Fourth Division in place in Baghdad instead of rotating it home when it is to be replaced by the First Cavalry Division would substantially increase the number of American troops in the city. But there have been no indications that such an idea is under serious consideration.
In the final analysis, American officers say, much is in Iraqi hands. The American military is looking toward the Maliki government to finally disband the militias and reintegrate them into Iraqi society. It is not clear if the Iraqi government will follow through on such a step since some senior Iraqi officials have said the militias cannot be broken up until the Sunni-based insurgency is brought to heel.
American officials also say that the Iraqi government needs to more strictly enforce bans on the possession of illicit weapons and accelerate its reconstruction and job creation programs.
"Part of our problem is that we want this more than they do," General Thurman said, alluding to the effort to get the Iraqis to put aside sectarian differences and build a unified Iraq. "We need to get people to stop worrying about self and start worrying about Iraq. And that is going to take national unity."
"Until we get that settled I think we are going to struggle," he added.
With his name and image appearing on the “Today” show, in The New York Post and all over the Web site Gawker, Aleksey Vayner may be the most famous investment-banking job applicant in recent memory.
But he says his new celebrity is less blessing than curse.
“This has been an extremely stressful time,” Mr. Vayner, a senior at Yale University, told DealBook over steak in a northern New Jersey restaurant Thursday.
It was his first face-to-face meeting with a reporter since an 11-page resume and elaborate video clip that he submitted to securities firm UBS showed up on two blogs, and then quickly spread to every corner of the Internet. The clip, staged to look like a job interview spliced with shots of Mr. Vayner’s athletic prowess, flooded e-mail inboxes across Wall Street and eventually appeared on the video-sharing site YouTube. And the overwhelming reaction was mocking laughter.
Mr. Vayner is not amused. Instead, he said he feels like a victim. The job materials that were leaked and posted for public view included detailed information about him that allowed strangers to scrutinize and harass him, he said. His e-mail inbox quickly filled up, with most of the messages deriding him and, in certain cases, threatening him. Since the video surfaced on the Internet, Mr. Vayner said he has deleted at least 2,000 pieces of e-mail.
It was Mr. Vayner’s highly produced video that appears to have make his job application such a viral sensation.
A Zen-like koan — “Impossible is nothing” — introduces the seven-minute clip, which shows Mr. Vayner performing various feats of physical strength and skill, interspersed with inspirational maxims. Viewers are presented with images of Mr. Vayner bench-pressing weights (a caption suggests it is 495 pounds), playing tennis (firing off what is said to be a 140 mile-per-hour serve) and performing martial arts (he breaks seven bricks with his palm).
The tone of the video seems too serious to be parody, yet too over-the-top to be credible. After sharing the clip, fellow students at Yale began to share their favorite Aleksey-style tall tales, notably involving reminiscences of bare-handed killings and nuclear waste.
And then there were Mr. Vayner’s claims about running a charity, the legitimacy of which is now in question.
In person, Mr. Vayner is much as he appears in the video. Tall, with gelled-back hair and a navy pinstriped suit, Mr. Vayner — along with his sister, Tamara, and his lawyer, Christian P. Stueben — met with DealBook on Thursday afternoon. Throughout the interview, Mr. Vayner was reserved, speaking deliberately, sometimes peering at what appeared to be notes in his Yale University portfolio.
Mr. Vayner, 23, said he has been interested in finance since he was 12 years old, when he was creating financial data models. So Mr. Vayner, who is registered in Yale’s class of 2008, decided a few weeks ago to look for a job at a Wall Street firm. He thought that making a video would help him stand out in the often cutthroat competition for investment-banking positions. By emphasizing his various athletic pursuits, which he listed as including body sculpting, weightlifting and Tai Chi, as well as brief stints on Yale’s polo and varsity tennis teams, Mr. Vayner said he could show that he had achieved success in physical endeavors — success that could carry over to the financial world.
“I felt demonstrating competency in athletics is a good way to stand out, because the same characteristics are the same in business,” said Mr. Vayner, who legally changed his name from Aleksey Garber when he was 18. “The need to set and achieve goals, to have the dedication and competitive drive that’s required in business success.”
Despite all the mockery that the video has inspired, he still speaks proudly of his athleticism. Nearly all the feats in the video are his, he said, and they are real. (The only doubt in his mind lies in the skiing segment, which he says is probably him.) When asked about a posting Mr. Vayner had placed on the classifieds site Craigslist soliciting skiing videos — a posting that was reproduced on a blog that questioned whether the skier was him — Mr. Vayner said he was simply looking for the cameramen who shot his ski-jump efforts.
Much of the other Internet chatter about him, mentioning studies in Tibet under the Dalai Lama and a “Blood Sport”-type tournament in Thailand, is false, he said. Such claims stem from what he described as a satirical article in Yale’s tabloid, the Rumpus, detailing outsized claims from him when he was still a pre-freshman. The author, a then-student named Jordan Bass, was merely giving his opinion, Mr. Vayner said, and did not directly interview him for the article. In a piece in this week’s New Yorker magazine, though, Mr. Bass said that he was merely reiterating what Mr. Vayner had told him.
In the end, though Mr. Vayner said he is less concerned about the mockery — “One mark of success is the ability to handle mass amounts of criticism,” he said — than about what appears to have been a leak of his application materials from UBS. Mr. Vayner and his lawyer, Mr. Stueben, confirmed that they are exploring legal options against the investment banks to which he sent the application.
A UBS spokesman said in a statement: “As a firm, UBS obviously respects the privacy of applicants’ correspondences and does not circulate job applications and resumes to the public. To the extent that any policy was breached, it will be dealt with appropriately.”
However the job materials landed on the Internet, the scrutiny has raised several questions about Mr. Vayner’s claims.
On Wednesday, the blog IvyGate posted excerpts from Mr. Vayner’s self-published book, “Women’s Silent Tears: A Unique Gendered Perspective on the Holocaust,” which until recently was available on the Web site of Lulu Press. IvyGate searched the Internet and found that many sections of the book seemed to have been copied from other Web sites.
Asked about the similarities, Mr. Vayner said Thursday that the text on Lulu’s Web site was a “pre-publication copy” based on an earlier draft. The final version was worded more carefully, he said.
On his resume, Mr. Vayner cites his experience as an investment adviser at a firm called Vayner Capital Management and his charity work at an organization called Youth Empowerment Strategies, of which he was the founder and chief executive. Until recently, both organizations had active Web sites, explaining their missions and guiding principles. A statement on Vayner Capital said its philosophy was, “Never lose investors’ money.” Youth Empowerment Strategies featured a four-star banner said to be from Charity Navigator, an evaluator of nonprofit charitable groups.
Asked about Youth Empowerment Strategies, however, a representative of Charity Navigator said it had not the group a coveted four-star rating. Instead, it had referred Mr. Vayner’s organization to the New York attorney general’s office, saying it should be investigated for potentially posing as a fraudulent charity.
Mr. Vayner said Thursday that he had filed the necessary paperwork for the charity in August. Furthermore, he said that he had outsourced the design of his charity’s Web site to companies in India and Pakistan and had no role in placing the Charity Navigator banner on it. Mr. Vayner told a reporter that he had the banner taken down immediately when he learned that the group had disclaimed the banner, some time around Sept. 15. When a reporter then told Mr. Vayner that the banner was still on the site as of last week, Mr. Vayner clarified that he had sent notification to take down the banner.
Mr. Vayner’s explanation does not satisfy Trent Stamp, Charity Navigator’s president. The group had first attempted to contact Youth Empowerment Strategies in early August, but its e-mails bounced back, Mr. Stamp told DealBook. After learning Mr. Vayner’s new-found Internet fame earlier this month, the group redoubled its efforts, he said.
“I’m not on the governing board of Yale, but it seems to me that someone who committed massive charity fraud with intent to deceive people shouldn’t be able to receive an Ivy League degree,” Mr. Stamp told DealBook.
A Yale spokeswoman declined to comment.
Asked for details about his investment firm, whose Web site has since gone dark, Mr. Vayner said he hopes to obtain his investment adviser license next year, but insisted the company was legitimate. He also stood by Vayner Capital’s stated mission of never losing money. It was not a promise, he said, but merely a philosophical polestar.
“I have two rules,” he said. “One, I will never lose your money. And two, when in doubt, refer to rule No. 1.”
For now, Mr. Vayner said he is camping out at his mother’s residence in Manhattan, having taken a short leave of absence from Yale when his video hit the Internet. He said he may have lost his chance to work on Wall Street, and added that he may not succeed in securing a financial job at all.
Real estate development is an option, he said, but for now his future is unclear.
In the meantime, he plans on taking his midterm examinations next week.
– Michael J. de la Merced
All photos by Emile Wamsteker for The New York Times
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Wired Travel Guide: Second Life | for everyone |
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Wired Travel Guide: Second Life
Taking a trip to the coolest destination on the Web? Our guide tells you where to go, what to do - and how to buy sex organs.
So you've decided to take a trip to Second Life. Good choice! Whether you're coming for the uninhibited nightlife or the affordable jetpacks and rocket ships, you're sure to have a memorable stay. Don't bother with a suitcase - everything you could possibly want is obtainable here. But be sure to bring your imagination: Second Life is a world of endless reinvention where you can change your shape, your sex, even your species as easily as you might slip into a pair of shoes back home.
The vision of former RealNetworks CTO Philip Rosedale, Second Life emerged from beta just three years ago. Rosedale was convinced that the increasing adoption of broadband and powerful processors made it possible to create a 3-D virtual world similar to the metaverse Neal Stephenson described in his sci-fi novel Snow Crash. Rosedale and his team at Linden Lab govern Second Life and rent property to the steady stream of fresh immigrants, but beyond establishing a few basic protocols, they pretty much stay out of the way. Almost everything you'll see has been built by the locals, from the swaying palm trees at the Welcome Area to the pole-dancer's dress at the XXX Playground.
Today, Second Life is second home to half a million people, and everyone from Duran Duran and Wells Fargo Bank to the Department of Homeland Security has funded real estate here. The national currency of Linden dollars is freely convertible to US dollars (and the exchange rate is quite favorable at the moment!), and an increasing number of residents are ditching their jobs back on Earth to make their living entirely within Second Life's economy. But this exotic realm can seem bewildering and strange to first-time visitors (affectionately known as "noobs" in the native parlance). Let Wired be your guide.
Getting ThereMake your way to Secondlife.com and download the required software for free. No passport necessary, but you do need a credit card or PayPal account if you want to buy local currency. Your stay begins on Orientation Island, a secluded area designed to familiarize you with the interface. Then you can beam down to Help Island to let volunteer mentors assist you, or you can proceed straight to the bustling Welcome Area [above]. As with any port, this place is crowded with cheerful, often eccentric locals eager to tell you about their home. But beware of hucksters looking to separate you from your Linden dollars or entice you into the red-light districts.
Second Life: Facts for the Visitor
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I feel sorry for the gay men of Iceland. They must be BORED OUT OF THEIR MINDS.
By: situationcritical on October 21, 2006 at 11:54amabusive]
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