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122 large quotas of the existing stock of subsistence in return for a day's time spent in supplying the thing which is in demand and without which the other conditions of abundance and prosperity cannot be made available.

With this observation we strike out and lay aside nearly all the so-called labor question, and nearly all the mystery of the alleged conflict of labor and capital. The conjuncture is in favor of the laborer, technically so-called; accordingly he can, to a great degree, have his own way with the other parties in the market.

We have not, however, developed our proposition merely for the sake of this negative and controversial result. On the contrary, its importance lies in the deduction yet to be made of the sense and significance of a state of the labor market, continuing for centuries, in which the conjuncture is in favor of the unskilled laborers. Such has been the case, if we take the terms of the proposition in their broadest and most liberal sense, since the great discoveries of the sixteenth century which opened the outlying continents to the masses of the population of Europe.

Whenever a period in which men are in demand supervenes upon a period in which they have been present in excess, the struggle for existence is softened. The disregard of human life and human suffering gives place to the contrary sentiments. It might seem to be logical that when all were suffering, all would sympathize with each other and that when many were well off, they would become inwrapped in selfish indifference to the few who, by exception, were suffering; but this is one of the cases, of which there are so many in social science, in which observation corrects the easy inference. It warns us again that what seems a simple and easy deduction is not even presumptively true. It is when


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254 grown up upon it which has made it accomplish, only under state limitations, just what they meant to prevent. Thus impossible is it for law-makers to foresee the operation of arbitrary constitutional provisions, or to set any fetters to the development of the natural forces which lie in the genius or the circumstances of the nation.

In regard to patronage, again, the constitution-makers held utopian ideas in regard to the zeal and purity in the public service which might be expected in the republic. They had inherited the traditional European dread of the executive, a dread which never had any true foundation here, and so they gave the Senate power to confirm the appointments of the President, an arrangement which has been widely copied in our state constitutions and city charters. The idea was to restrain executive patronage, but the arrangement has been the source of great abuses of patronage, and has developed special abuses of its own, not known in foreign experience. Technical usages and unwritten laws here also have defeated the original intention.

On the other hand, many of the provisions which were fought for with the greatest zeal, such as the provision about direct taxes, have proved powerless against advancing opinion. In other respects arrangements which some of the fathers thought essential to the prosperity of the union, such as securing the adherence of the wealthy or attracting the ambitious by titles and orders, have proved of no importance. Still again, they failed to provide for the growth of the confederation in territory by purchase or treaty, so that the old Federalists were always able to denounce the admission of new frontier states as a violation of the original intention. Thus it has been proved, on all sides, that the

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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Rh come common — they will be renewed at the end of the first year of the new Presidential term, which is always our golden age. In my contact with young men I am continually and painfully struck by the fact that, although they have a great deal of feeling and enthusiasm for parties and men, they do not respect the institutions of their country and deem it no shame to express contempt for Congress or for state legislatures. When I turn to the newspapers it seems to me that a stranger who read them would think that, throwing aside all incidental and unimportant matters, the three essential organs of the American government are the President, the politicians, and the people, and that the practical question of our politics is: Which two of these will combine against the other? I have, therefore, attempted to set forth both the strength and the limitations of the American representative democracy. I regard it as a necessary stage in the political development of the country; I regard it as inadequate for the needs of the nation which is growing up; I regard the inferences which have been drawn from it in regard to the abstract goodness of democracy as entirely fallacious; I do not see how democracy, in an old country, can ever be anything but a short road to Cæsarism.

With regard to the future development of our system, we may be sure that it will take place steadily and necessarily. We shall not make any great reforms or sweeping changes. All that comes about will have to proceed out of our past history, be built upon it, and be consistent with it. No constitutional or other changes can be brought about by congresses of learned men or by voluntary organizations which are not in accord with the genius of the election and its circumstances. The revisions which have been


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142 the social power; they, therefore, take the political power. We may invent such institutions as we choose, but they will all speedily change into forms consistent with this distribution of social forces, or die. All the tendencies of the time are sure to stream toward the focus of the great predominating force, in the system, for the time; and the masters of this force are sure to be flattered and courted.


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Rh that those who are here can marry, can support a family, and can at the same time save capital, or, if they like it better, they can work fewer hours a day. Hence we find our age full of discussion on these matters; but does any one suppose that men could discuss emigration, family comfort, politics, wages, rates, and eight-hour laws, unless there were conditions which brought these things within the range of possibility? The great question then is, what are those conditions? But in the discussion it hardly seems to be noted that they exist and that in them lies the key of the whole matter. If this view is correct, a social science which investigates those conditions is the only social science which has value; history will have its use as serving that science, and if it does not do so it only degenerates into a new form of scholasticism.

The acquisition and use of unlimited supplies of new land has made living easy; it has taken all terror from the increase of population — in fact, has made it a help and a blessing; it has made it easy to accumulate capital and has produced leisure for invention. This increase of power has, consequently, produced expansion of being in every direction and in every form.

The extension of acreage lowers the value of land and of land products against all other things, including services; it increases food products and raw materials, that is, subsistence and materials for laborers. Inventions increase the power of machines and multiply through them all the forms of clothing, furniture, fuel, lights, literature, etc. All this makes capital abundant and interest low; it also makes real wages high, and, by reducing prices, increases the purchasing power of money wages. The conjuncture is, therefore, all in favor of wage-earners and non-capitalists. They have


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Rh omitted much which would find a more appropriate place in a Life and Letters; and it is my conviction that such an enterprise should be sometime undertaken. If well done it could not but inure to the strengthening of hearts.

The dating of several of these essays is next to impossible. Sometimes the only due to the time when they were written lies in the handwriting or the style. I judge, on these criteria, that the title-essay and "A Parable" belong to the eighties, and that the essay on "The Predicament of Sociological Study" is rather late — within a few years, one way or the other, of 1900.

The present intention of the publishers and editor is to bring out one more volume, which will include essays of a more technical character and will contain a full bibliography of Sumner's writings, in so far as such can now be assembled. This volume will probably be delayed for several years, in order to close the series definitively.

ALBERT GALLOWAY KELLER. New Haven, September 17, 1914


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Rh condition will not be one of comfort, but the population will cover wide extremes of comfort and misery. Each will find his place according to his ability and his effort. The former society will be democratic; the latter will be aristocratic.

The constant tendency of population to outstrip the means of subsistence is the force which has distributed population over the world, and produced all advance in civilization. To this day the two means of escape for an overpopulated country are emigration and an advance in the arts. The former wins more land for the same people; the latter makes the same land support more persons. If, however, either of these means opens a chance for an increase of population, it is evident that the advantage so won may be speedily exhausted if the increase takes place. The social difficulty has only undergone a temporary amelioration, and when the conditions of pressure and competition are renewed, misery and poverty reappear. The victims of them are those who have inherited disease and depraved appetites, or have been brought up in vice and ignorance, or have themselves yielded to vice, extravagance, idleness, and imprudence. In the last analysis, therefore, we come back to vice, in its original and hereditary forms, as the correlative of misery and poverty.

The condition for the complete and regular action of the force of competition is liberty. Liberty means the security given to each man that, if he employs his energies to sustain the struggle on behalf of himself and those he cares for, he shall dispose of the product exclusively as he chooses. It is impossible to know whence any definition or criterion of justice can be derived, if it is not deduced from this view of things; or if it is not the definition of justice that each shall enjoy the fruit of


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Rh drawn is the one which is generally presented and it may be familiar to the reader. In order to render it truthful, however, it is necessary at once to add some very important modifications.

In the first place, the English traditions and prejudices which had been inherited were distinctly aristocratic and the pet notions and doctrines of the colonists were not those of equality. If any man had anything to pride himself on as a distinction, he made the most of it, as nearly all men everywhere have done; and if the distinction was one of relationship to people of social importance in England, it was quite tenaciously nourished. Social distinction, however, if we may trust some reports, cost a man political ostracism. St. Jean de Crèvecœur says that the richest man in Connecticut in 1770 was worth about $60,000; but he could not be elected to any office, and with difficulty obtained for his son a position as teacher in a Latin school in order to keep him in and of the people.

Then again, the innate and utterly inevitable inequality of men in industry, energy, enterprise, shrewdness, and so on, quickly differentiated these yeomen-farmers. Some families kept up the industrial virtues for generations; others manifested a lack of them. There were social failures then as there are always. Most of them "went West," choosing an avenue of escape whose immense importance in the whole social history of this country must not for a moment be lost sight of; but we hear also of shiftless, lawless, and vagabond people who lived on the mountains or on the outskirts of the town, given to drink, quarreling, and petty thieving. This phenomenon warns us that the pleasing picture of an Arcadian simplicity, equality,


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Author:Charles Mackay

 * Charles Mackay (1814-1889), English poet and journalist
 * Charles R. Mackay, shared pseudonym of William Harral Johnson (b. 1832; who also used the pseudonym of "Anthony Collins") and William Stewart Ross (1844–1906; who also used the pseudonym of "Saladin") for about Charles Bradlaugh

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298 and uniformity, such as has often been applied to our colonial society, is unreal. It is impossible in human nature. Put a group of men in equal circumstances, under wide and easy conditions, and instead of getting equal, uniform, and purely happy results, you will get a differentiation in which some will sink to misery, vice, and pauperism.

Yet again, when considering inequality, we must remember the existence of slavery in this society; of that I will speak presently in another connection.

We must, therefore, understand that the notion of our colonies as pure and ideal democracies is unhistorical. While broad features might seem to justify it, the details, in which lie all the truth and reality, greatly modify the picture.

But there is a wider aspect of this matter and one which, so far as I know, has never been noticed at all. I cannot find anywhere in history any case of a society of free and equal men consisting exclusively of independent tillers of the soil. We are forced to ask whether such a thing is a social impossibility. A notion has had wide currency within the last thirty years that "village communities" are a stage of primitive democratic organization through which most modern civilized societies have passed. That there have been villages which were organized for industrial and social purposes is as certain as that there have been states; but the "village community" has been personified and elevated to the rank, not of a social organization expedient for a purpose, but of an independent organism, something more than a society although less than an intelligent being. Hence it has been made to appear that the breaking up of village communities was not the abandon-


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, Third Edition genealogy containing a comprehensive selection of public records arranged in alphabetical or chronological order.

312.3 The Originality Requirement for Collective Works

A “is a species of ‘compilation’” that “by its nature, must involve the selection, assembly, and arrangement of ‘a number of contributions.’”  94-1476, at 122 (1976), reprinted in 1976 U.S.C.C.A.N. at 5737 (discussing 17 U.S.C. § 101’s definitions of “compilation” and “collective work”).

Because a collective work is a type of compilation, the U.S. Copyright Office will apply the criteria set forth in to determine whether the author’s selection, coordination, and/or arrangement satisfies the originality requirement. When examining a particular contribution that appears within a collective work, the Office will apply the criteria set forth in.

313 Uncopyrightable Material

The U.S. Copyright Office has no authority to register works that are not protected by copyright law. Some of the more common types of uncopyrightable material are discussed in Sections 313.1 through below.

Although uncopyrightable material, by definition, is not eligible for copyright protection, the Office may register a work that contains uncopyrightable material, provided that the work as a whole contains other material that qualifies as an original work of authorship (e.g., a selection, coordination, and/or arrangement of uncopyrightable elements where the resulting work as a whole constitutes an original work of authorship).

313.1 Works That Have Not Been Fixed

As discussed in, a work of authorship may be registered, provided that it has been in a tangible medium of expression. See 17 U.S.C. § 102(a). A work that has not been fixed is not protected by the Copyright Act and cannot be registered with the U.S. Copyright Office, although it might be eligible for protection under state law.

"Examples:
 * Choreography that has never been filmed or notated.
 * An extemporaneous speech that has not been filmed or recorded.
 * A work communicated solely through conversation or a live broadcast that has not been filmed, recorded, written, or transcribed.
 * A dramatic sketch or musical composition improvised or developed from memory that has not been filmed, recorded, or transcribed."

See 94-1476, at 52, 131 (1976), reprinted in 1976 U.S.C.C.A.N. at 5747. Chapter 300 : 21


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Rh ing of an organization which was no longer useful, but was the killing of something of an exalted and ideal character. This is all mythology. It is impossible to find any village community which was ever anything more than a group of people who were trying to get their living out of the ground as well as they could under the circumstances in which they found themselves. That is just what we are doing now. The most peculiar features of the village community were dictated by envy and jealousy, lest one man should be better off than another, and the chief lesson the study of them enforces is that when laws and customs are made with a view to equality they crush out progress.

But the point to which I wish now to call attention especially is even stronger if we assume that village communities were once such ideal societies, with vigorous and healthy forces inside of them; if they ever consisted of free and equal men, standing sturdily together, working industriously, sharing fairly, maintaining rights and justice of which they had a clear and natural apprehension, making every man do his duty, letting no man encroach upon another, and resisting all oppression from without. For the question then is: If any territory ever was occupied by such units, why did they sink into serfdom? The things which are strong vindicate their strength by their resistance and their achievements; it will not do, therefore, to say that the village communities were overridden by force; what is claimed for them is that they contained the most powerful and persistent social forces which can be called into play. All western Europe was feudalized and its cultivators of the soil were reduced to serfdom. Scandinavia was only partially feudalized, but it illustrates the point even better, because we can follow the


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344 own good fortune and its exceptional character. If all conditions should remain the same and the population go on increasing, the exceptional conditions would pass away and our posterity would have to contend sometime or other with all the old social problems again. The conditions, however, will not remain the same; they will change, no doubt in the direction of still greater and better chances. This fact is what gives the optimist his justification and makes his reckless blindness appear to be the shrewdest foresight. Furthermore, the problems which sometimes appal us nowadays are not peculiar to America; they are quite as heavy and as knotty in England, France, and Germany as they are here. In many points we are further on towards a solution than those countries are: we have better social defences from behind which to meet the dangers; and they do not come upon us, as they do upon the nations of Europe, mixed up with militarism, with the relics of feudal institutions, and with the traditions of absolute monarchy.

And now my task is done if, by a discussion of the teachings of our history, I have contributed to a better understanding of present facts and forces; for the highest wisdom and the most patriotic devotion to our country which we can manifest lie in the faithful performance of present civic duties and in diligent efforts to accomplish the tasks which lie immediately before us. We may be very sure that a succeeding century will take care of itself; also that it will not be able to take care of us. All the energy we spend, therefore, in preparing for it is worse than thrown away. It will be useless for its purpose and it will be abstracted from what we can spend on our own problems, which are big enough and hard enough to require all the energy we have to deal with them.


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, Third Edition 313.2 Works That Lack Human Authorship

As discussed in, the Copyright Act protects “original works of authorship.” 17 U.S.C. § 102(a) (emphasis added). To qualify as a work of “authorship” a work must be created by a human being. See Burrow-Giles Lithographic Co., 111 U.S. at 58. Works that do not satisfy this requirement are not.

The Office will not register works produced by nature, animals, or plants. Likewise, the Office cannot register a work purportedly created by divine or supernatural beings, although the Office may register a work where the application or the state that the work was inspired by a divine spirit.

"Examples:
 * A photograph taken by a monkey.
 * A mural painted by an elephant.
 * A claim based on the appearance of actual animal skin.
 * A claim based on driftwood that has been shaped and smoothed by the ocean.
 * A claim based on cut marks, defects, and other qualities found in natural stone.
 * An application for a song naming the Holy Spirit as the author of the work."

Similarly, the Office will not register works produced by a machine or mere mechanical process that operates randomly or automatically without any creative input or intervention from a human author.

Examples:
 * Reducing or enlarging the size of a preexisting work of authorship.
 * Making changes to a preexisting work of authorship that are dictated by manufacturing or materials requirements.
 * Converting a work from analog to digital format, such as transferring a from VHS to DVD.
 * Declicking or reducing the noise in a preexisting or converting a sound recording from monaural to stereo sound.
 * Transposing a song from B major to C major.
 * Medical imaging produced by x-rays, ultrasounds, magnetic resonance imaging, or other diagnostic equipment. Chapter 300 : 22


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Rh our experience that an old country can dispense with its institutions of order and authority and get on without them as well as we, manifest a very shallow philosophy.

It is safe to say now that our future development will be in the way of extending and modifying our institutions so as to fit the needs of a great nation. The Civil War has had a great effect in hastening on this necessity and hastening the maturity of the nation, for it has overloaded our institutions with new and startling difficulties. To carry on a great civil war, to finish it and return to peace and order, seemed a great triumph for democracy; it now appears that that achievement was a comparatively slight one. No political system which has ever existed is so powerful or can develop so much physical force as a democracy when it is composed of a large, eager, and compact majority, animated by a spontaneous resolve for a single purpose. Its power is so great that it would be unendurable if it were possible to form any such majority by artificial organization.

The War, however, carried us on to another stage of civil life; it left us a large number of abuses such as are inseparable from war; it afforded an opportunity for great interests to become vested; it opened a new and wider arena to the demagogue, and in fact produced a differentiation in demagogues. The questions at issue in politics had their moral, religious, ethnological, emotional, and economical, as well as their political phases, and groups of persons were formed who seized upon such of these phases as came easiest to them, and obscured the questions while they befogged the public mind by superficial comments. The limits of political discussion were naturally obliterated and the correct conception of what are properly political considerations


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278 was lost. So far has this gone that some people seem to think it low and degrading to discuss political questions by political arguments, but make a merit of mixing up benevolence and business, patriotism and engineering enterprise, charity and civil government, emotion and legislation, sentiment and the administration of justice, the rights of man and police control, education and punishment, moral training and criminal law, equality and the supervision of industry, religion and sanitary regulation, humanity and the repression of vice.

This confusion has been anything but helpful in the solution of the great problems which the altered state of things has brought with it. In the old ante-war times this confusion would have made little difference, because there was little occasion to put any theories into practice on such a scale as to do great harm; but with a large debt, a depreciated currency, heavy taxation, a new order of things to create in the South, and wasted capital to replace, this confusion in political methods and in the sphere of the various institutions amongst which social work is divided has been most mischievous.

We have also reached, since the War, that stage in many of our industries at which the organizing activity of government becomes important to recognize and give legal sanction to usages, to collect information, and to furnish general public facilities. It is evident that the possible advantages from the Bureaus of Agriculture, Education, Statistics, the Census, and the Signal Service, from explorations of the new territories and from scientific expeditions, increase every year with the development of the nation, and that the loss is greater every year if the management is not enlightened.

If we look at another department of public life we find the same thing true. Our notion of what a modern city


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, Third Edition *A claim based on a mechanical weaving process that randomly produces irregular shapes in the fabric without any discernible pattern.

313.3 Works That Do Not Constitute Copyrightable Subject Matter

As discussed in above, a work of authorship may be registered, provided that it falls within one or more of the categories of works set forth in Section 102(a) of the Copyright Act. In other words, a work may be eligible for copyright protection if it qualifies as a ; a musical work; a dramatic work; a ; a ; a ; a or other ; a ; or an. Works that do not fall within the existing categories of subject matter are not copyrightable and cannot be registered with the U.S. Copyright Office. See Registration of Claims to Copyright, 77 Fed. Reg. 37,605, 37,607 (June 22, 2012) (“Congress did not delegate authority to the courts [or the Copyright Office] to create new categories of authorship. Congress reserved this option for itself.”).

313.3(A) Ideas, Procedures, Processes, Systems, Methods of Operation, Concepts, Principles, or Discoveries

Section 102(b) of the Copyright Act expressly excludes copyright protection for “any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work.” 17 U.S.C. § 102(b); see also 37 C.F.R. § 202.1(b). As such, any work or portion of a work that is an idea, procedure, process, system, method of operation, concept, principle, or discovery does not constitute subject matter and cannot be registered.

Examples:
 * The idea or concept for a work of authorship.
 * The idea for a character.
 * Ideas, procedures, processes, or methods for doing, making, or building things.
 * Scientific or technical methods or discoveries.
 * Business operations or procedures.
 * Mathematical principles, formulas, algorithms, or equations.
 * DNA sequences and other genetic, biological, or chemical substances or compounds, regardless of whether they are man-made or produced by nature. Chapter 300 : 23


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Rh ought to be has expanded very much within twenty years, and to satisfy this notion there is a demand for great technical knowledge and skill, a permanent policy steadily pursued, and a large expenditure of money. The notion that any man can do anything, that any man is good enough to serve the public, does more mischief here, perhaps, than anywhere else.

The effect of all these observations, as they force themselves one after another upon the attention of the people, must be to establish the conviction that our institutions are, in some respects, inadequate to the needs of to-day, and especially that the public tasks cannot be adequately performed save by competent men. The agitation for the reform of the civil service, little as it has as yet accomplished, bears witness that the public mind is already moving and that it has found its true point of attack. The most fatal breach in all existing abuses would be the separation of the office-holders from the work of organizing parties and managing elections, and any civil service reform which does not make that its aim is a delusion. With this reform accomplished, a chance will be opened for a better public opinion to act upon the elections and to make itself felt in the choice of legislators. Here, however, is where public opinion itself needs further development; in view of the great tasks which weigh upon us in public affairs, we shall have to abandon the notion that we can all solve those problems as easy incidents to our ordinary occupations. We shall have to do as we do elsewhere, adopt a new division of labor and a higher organization; we shall have to select men, who, if they are not already specially trained, enjoy our confidence in regard to their ability to investigate and decide, if they undertake this as a special duty. Such men will no longer be democratic


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280 delegates but true "representatives"; a body of such men selected from various constituencies would "represent" the nation or the state as no popular majority ever does. They would present the state in miniature; and any one who wanted to deal with the state would have to deal with them. For all practical purposes, they would be the state, would embody its wisdom and its will, and would decide on its action. They would constitute the great council of the nation; they would have to act on their judgment and at their discretion and would therefore necessarily be independent. They would be under the observation of the people, who would judge by the result who were wise and who were foolish, who were worthy of confidence and who were not, who were capable of filling the trust laid upon them and who were not. Such representatives would find their reputation and their professional advancement dependent on their success in promoting the permanent welfare of the state; the public interest would be their chief charge as against all private interests.

All associations of men form their own code, their rules of etiquette, and their esprit du corps. They are guided in this by a common interest which leads them to form such rules as will assist each member in what is necessary to success and protect each member against the most probable dangers. The code of any legislative body in the country, under existing circumstances, will serve to illustrate this. In such a body as I have described the code would adjust itself to the circumstances. The members would sustain each other against assaults which threatened the reputation of the body or the independence of members. The great desire of all public servants is for approval; re-election is desired oftener for this than for any other


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 seem a fool; but, after all, why isn't it good philosophy to make the most of a holiday and then settle back to work?"

"That is all very well, Monty," and Colonel Drew was entirely serious; "but the work is a hundred times harder after you have played to the limit. You'll find that you are way beyond it. It's no joke getting back into the harness."

"Perhaps you are right, Colonel, but at least I shall have something to look back upon—even if the worst comes." And Monty instinctively straightened his shoulders.

They turned to leave the building, and the Colonel had a moment of weakness.

"Do you know, Monty," he said, "my daughter is awfully cut up about this business. She is plucky and tries not to show it, but after all a girl doesn't get over that sort of thing all in a moment. I am not saying"—it seemed necessary to recede a step—"that it would be an easy matter to patch up. But I like you, Monty, and if any man could do it, you can."

"Colonel, I wish I might," and Brewster found that he did not hesitate. "For your sake I very much wish the situation were as simple as it seems. But there are some things a man can't forget, and—well—Barbara has


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 shown in a dozen ways that she has no faith in me."

"Well, I've got faith in you, and a lot of it. Take care of yourself, and when you get back you can count on me. Good-bye."

On Thursday morning the "Flitter" steamed off down the bay, and the flight of the prodigal grand-son was on. No swifter, cleaner, handsomer boat ever sailed out of the harbor of New York, and it was a merry crowd that she carried out to sea. Brewster's guests numbered twenty-five, and they brought with them a liberal supply of maids, valets, and luggage. It was not until many weeks later that he read the vivid descriptions of the weighing of the anchor which were printed in the New York papers, but by that time he was impervious to their ridicule.

On deck, watching the rugged silhouette of the city disappear into the mists, were Dan DeMille and Mrs. Dan, Peggy Gray, "Rip" Van Winkle, Reginald Vanderpool, Joe Bragdon, Dr. Lotless and his sister Isabel, Mr. and Mrs. Valentine—the official chaperon—and their daughter Mary, "Subway" Smith, Paul Pettingill, and some others hardly less distinguished. As Monty looked over the eager crowd, he recognized with a peculiar glow that


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Rh reason, and the fear of disapproval, or what we call political responsibility, offers a check upon such a body in favor of the true control of the people, which is perfect in its action and complete for the purpose. Such a system would indeed be a barrier to empty vanity and petty ambition, but it would give better government; and it will come when we learn, perhaps by bitter experience, that we cannot do without it. It would call the leisure class into the service of the state, for it is they who owe the state public service. The wealthy class, in this country at any rate, show by the acquisition of capital that they possess talent and force; they moreover possess independence, without which no man is a politician. Their employment in the public service would help to bring about the balance of burdens and privileges, rights and duties, power and responsibility, without which a highly developed state cannot enjoy permanent civil order. The decay of the old doctrine of "instructions" seems to me to mark some progress, if only slight, towards an independent and responsible legislature.

It is, furthermore, in a body of independent and responsible legislators that statesmen are developed — I mean by a statesman a man who plans practical measures for rendering well-tested principles actually active for the welfare of a state. He always needs, also, to be able to defend his measures and to recommend them to people who are not yet convinced of their excellence. It is not possible that parliamentary eloquence which, in spite of all the sneers at it, is the grand educator of the nation under free institutions, should flourish under a system of committee legislation. That is a system which calls for intrigue and personal influence, leaves full opportunity for the abuses which flourish


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282 when sheltered from publicity, and allows public speaking to degenerate into a perfunctory performance. Parliamentary debate, when properly conducted, consists of discussion — of the conflict of mind with mind in all the exercises which tend to develop correct thinking and to force examination of a subject in all its bearings, so that the measure adopted truly represents the best wisdom of the body which passed it. This debate develops an eloquence of its own, pure, dear, simple, and business-like — as free from bombastic rhetoric as from pedantry; a deliberative body which practices it is a school of statesmen. I notice no tendency which seems to me more to be regretted than the apparent loss to the public mind of the true notion of a free discussion.

The principle of responsibility has its bearing also upon the opposition. The opposition has a peculiar function, under constitutional government, to criticize, resist, and bring out opposing considerations; it enforces care and deliberation. Its great danger is lest it become factious and reckless; and the great safeguard against this is the requirement that the opposition, if successful, shall assume the administration and the responsibility and make its criticisms good. With this prospect before it, it is forced to moderation and reflection. It is sometimes said of a public man that he would be spoiled if he took administrative office, but it would be impossible to pass a more complete condemnation upon a person in such a career. It stamps him as a mere vulgar agitator.

The executive must also be brought under the principle of responsibility. How this is to be accomplished under our system is not yet clear. That the executive must be brought into open and honorable relations to the legislature for the development of good government is certain; but how to engraft the English


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 here were represented his best and truest friendships. The loyalty of these companions had been tested, and he knew that they would stand by him through everything.

There was no little surprise when it was learned that Dan DeMille was ready to sail. Many of the idle voyagers ventured the opinion that he would try to desert the boat in mid-ocean if he saw a chance to get back to his club on a west-bound steamer. But DeMille, big, indolent, and indifferent, smiled carelessly, and hoped he wouldn't bother anybody if he "stuck to the ship" until the end.

For a time the sea and the sky and the talk of the crowd were enough for the joy of living. But after a few peaceful days there was a lull, and it was then that Monty gained the nickname of Aladdin, which clung to him. From somewhere, from the hold or the rigging or from under the sea, he brought forth four darkies from the south who strummed guitars and sang ragtime melodies. More than once during the voyage they were useful.

"Peggy," said Brewster one day, when the sky was particularly clear and things were quiet on deck, "on the whole I prefer this to crossing the North River on a ferry. I rather like it, don't you?"


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 "It seems like a dream," she cried, her eyes, bright, her hair blowing in the wind.

"And, Peggy, do you know what I tucked away in a chest down in my cabin? A lot of books that you like—some from the old garret. I've saved them to read on rainy days."

Peggy did not speak, but the blood began to creep into her face and she looked wistfully across the water. Then she smiled.

"I didn't know you could save anything," she said, weakly.

"Come now, Peggy, that is too much."

"I didn't mean to hurt you. But you must not forget, Monty, that there are other years to follow this one. Do you know what I mean?"

"Peggy, dear, please don't lecture me," he begged, so piteously that she could not be serious.

"The class is dismissed for to-day, Monty," she said, airily. "But the professor knows his duty and won't let you off so easily next time."


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286 analogy with a machine is false; the true analogy is with organic life.

To sum up, then, the suggestions which I have endeavored to make: there is no absolutely "best" system of government; democracy is grounded in the circumstances of this country and has been so suited to the people and their needs that no other system has been possible; democracy is only available as a political system in the simple society of a new country — it is not adequate for a great nation; we have reached a point at which its faults and imperfections are mischievous, and, in the growth and advance of the nation, these evils must become continually more apparent; the remedy will lie in a greater division of labor and higher organization, produced by such modifications as are germane to our popular feelings and prejudices and consistent with our history; they will consist in conservative institutions, and the first of these will be a body of statesmen or public men trained to their work; and further development will consist in a well organized system of government, held within due limits and harmonious action by responsibility to the representatives of the people and to the people themselves.


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 At Gibraltar, Monty was handed an ominous-looking cablegram which he opened tremblingly.

To which Monty responded:

The Riviera season was fast closing, and the possibilities suggested by Monte Carlo were too alluring to the host to admit of a long stop at Gibraltar. But the DeMilles had letters to one of the officers of the garrison, and Brewster could not overlook the opportunity to give an elaborate dinner. The success of the affair may best be judged by the fact that the "Flitter's" larder required an entirely new stock the next day. The officers and ladies of the garri-


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 son were asked, and Monty would have entertained the entire regiment with beer and sandwiches if his friends had not interfered.

"It might cement the Anglo-American alliance," argued Gardner, "but your pocket-book needs cementing a bit more."

Yet the pocket-book was very wide open, and Gardner's only consolation lay in a tall English girl whom he took out to dinner. For the others there were many compensations, as the affair was brilliant and the new element a pleasant relief from the inevitable monotony.

It was after the guests had gone ashore that Monty discovered Mr. and Mrs. Dan holding a tête-à-tête in the stern of the boat.

"I am sorry to break this up," he interrupted, "but as the only conscientious chaperon in the party, I must warn you that your behavior is already being talked about. The idea of a sedate old married couple sitting out here alone watching the moon! It's shocking."

"I yield to the host," said Dan, mockingly. "But I shall be consumed with jealousy until you restore her to me."

Monty noticed the look in Mrs. Dan's eyes as she watched her husband go, and marked a new note in her voice as she said, "How this trip is bringing him out."


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284 matter how great, in law and theory, the power may be, if there is responsibility. Every public man dreads responsibility and it is the mark of a great statesman to step forward and assume it bravely when the occasion demands. The best critics of the English Constitution agree that its weakness is in the lack of independence in the executive. Ministers who have to face Parliament are only too anxious to do nothing which they can help, and to accomplish what they do accomplish, not as they think it ought to be done, but so as to hold their majority together. The principle of a strong executive, held to strict responsibility, may be set down as the great gain of the last century in the science of politics; it is essential to the good government of a great nation with complicated interests.

The initiative in legislative matters belongs to individual representatives, but it is best exercised by the executive. The executive as the permanent part of the government, charged with its administration, acquires familiarity with its workings, its excellencies, its faults, and its needs. This department, therefore, is in the best position to prepare and lay before the legislature measures which shall be well drafted and correctly adapted to what is needed. Where individual members introduce bills as their whims or their vanity dictates, instances of crude and incoherent legislation continually occur. An executive cannot be expected to give very efficient administration to laws which he disapproves or whose mischievous action he sees, and he cannot be held responsible for legislation about which he was never consulted or which he has resisted. All this has especial reference to the financial administration, which can never combine efficiency with economy unless the reputation of those who have the immediate control of it is


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, Third Edition *An extrapolation or application of an idea or system that always produces substantially the same result, such as a computation of interest based upon a particular rate.

The Office may register a literary, musical, graphic, or artistic description, explanation, or illustration of an idea, procedure, process, system, method of operation, concept, principle, or discovery, provided that the work contains a sufficient amount of original authorship. See 94-1476, at 56 (1976), reprinted in 1976 U.S.C.C.A.N. at 5669. However, the registration would be limited to the copyrightable literary, musical, graphic, or artistic aspects of the work because copyright law does not give copyright owners any in the ideas, procedures, processes, systems, methods of operation, concepts, principles, or discoveries described in their works. As such, copyright owners do not have the right to prevent others from using the ideas, concepts, principles, or discoveries or from implementing the procedures, processes, systems, or methods of operation described in such works. See Feist, 499 U.S. at 344–45 (explaining that “[t]he most fundamental axiom of copyright law is that ‘no author may copyright his ideas or the facts he narrates.’” (quoting Harper & Row, Publishers, Inc. v. Nation Enterprises, 471 U.S. 539, 556 (1985)).

313.3(B) Merger of Idea and Expression

In some cases, there may be only one way or only a limited number of ways to express a particular idea, procedure, process, system, method of operation, concept, principle, or discovery. If the U.S. Copyright Office determines that extending copyright protection to the author’s expression would effectively accord protection to the idea, procedure, process, system, method of operation, concept, principle, or discovery itself, the may communicate with the  or may refuse to register the.

For example, the Office cannot register a claim in the mere idea for a story that is based on a common theme, such as “a quarrel between a Jewish father and an Irish father, the marriage of their children, the birth of grandchildren and a reconciliation.” See Nichols v. Universal Pictures Corp., 45 F.2d 119, 122 (2d Cir. 1930). The Office cannot register a claim based solely on standard programming techniques that are commonly used to achieve a specific result in a. See, e.g., Sega Enterprises, [sic] Ltd. v. Accolade, Inc., 977 F.2d 1510, 1524 (9th Cir. 1992). Likewise, the Office cannot register a claim based solely on standard expressions that naturally follow from the idea for a work of authorship, such as a sculpture that depicts a brightly colored jellyfish swimming in a vertical orientation. See Satava v. Lowry, 323 F.3d 805, 811 (9th Cir. 2003).

313.3(C) Facts

Facts are not and cannot be registered with the U.S. Copyright Office. “No one may originality as to facts … because facts do not owe their origin to an act of authorship.” Feist, 499 U.S. at 347 (internal citation omitted). A person who finds and records a particular fact does not create that fact; he or she merely discovers its existence. As a result, facts “are never original” and Section 102(b) of the Copyright Act “is universally understood to prohibit any copyright in facts.” Id. at 356. “[This] is true of all facts – scientific, historical, biographical, and news of the day.” Id. at 348. Chapter 300 : 24


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 "He has just discovered," Monty observed, "that the club is not the only place in the world."

"It's a funny thing," she answered, "that Dan should have been so misunderstood. Do you know that he relentlessly conceals his best side? Down underneath he is the kind of man who could do a fine thing very simply."

"My dear Mrs. Dan, you surprise me. It looks to me almost as though you had fallen in love with Dan yourself."

"Monty," she said, sharply, "you are as blind as the rest. Have you never seen that before? I have played many games, but I have always come back to Dan. Through them all I have known that he was the only thing possible to me—the only thing in the least desirable. It's a queer muddle that one should be tempted to play with fire even when one is monotonously happy. I've been singed once or twice. But Dan is a dear and he has always helped me out of a tight place. He knows. No one understands better than Dan. And perhaps if I were less wickedly human, he would not care for me so much."

Monty listened at first in a sort of a daze, for he had unthinkingly accepted the general opinion of the DeMille situation. But there were


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Rh at stake to bring about that combination. If your ships of war go to the bottom the Secretary of the Navy tells you that he spent all the money Congress would give him, and that they did not give him what he wanted; if extravagant sums are spent on the navy, you are told that Congress appropriated and ordered it. But if you try to vent your disapproval on Congress, you find that you are dealing with a body for whom responsibility has no meaning. Can you search for the votes? Can you find out who was to blame? Can you go to committee-room deliberations to search for the real parties in fault? Can you reach any Congressman but your own representative? Will changing your party satisfy your desire to disapprove? It is these difficulties which render responsibility unknown to us. It is only when you confer on a man power to do something that you can bring reward or blame home to him when the thing is done well or ill; and it is only when you bring blame home to a man that you can inflict consequences which bear upon the future.

Some critics of responsible government have said that everybody was responsible to everybody else throughout the whole system but that there was no starting point, or point of reaction, for the whole. This is, in fact, its great merit. There is no irresponsible authority or arbitrary power in it; it embodies the idea which the old writers were trying to express in their theory of checks and balances. The true system of self-government for a nation comes nearest to self-government in a man; the man who governs himself must find the resources for reform, resolution, and self-control in himself, and the great system of responsible self-government in a nation is, in like manner, only a part of the national life with its springs, motives, and forces in the nation itself. The


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Rh plan on our system I do not see. The man who should devise an expedient as well suited to our system as the English plan is to theirs would deserve to rank amongst the greatest public benefactors.

At present the President of the United States has both too much power and too little. He has more than any man ought to have without responsibility, and he has less than a competent head of the nation needs to have, if he is responsible for its exercise only by the continuance or loss of power. He needs to act often with a wide discretion on his judgment of the public interest. He also wants an organ for influencing public opinion to secure support or deprecate opposition. Formerly this need led him to have a newspaper under his control; now he has recourse to the unworthy and untrustworthy expedient of the interview or an irresponsible utterance to a correspondent. He needs also a means of communicating with Congress other than the tedious and lifeless message or the private interview with members.

The old writers thought that good government could be secured by a division of departments and by a system of checks and balances. But the division of departments — if it means that we need only make them sufficiently independent of one another and then that they will be sure to go right — is an empty dogma; and the system of checks and balances, if it were perfect, would bring equilibrium — that is, no movement at all. The more difficult task is to secure harmonious action, in due proportion, without friction — in other words, to give to political organs an organic instead of a mechanical activity. The principle of responsibility fulfills this purpose; it allows freedom with control. There is no fear whatever that there will be abuses of power, no


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 tears in her eyes for a moment, and the tone of her voice was convincing. It came to him with unpleasant distinctness that he had been all kinds of a fool. Looking back over his intercourse with her, he realized that the situation had been clear enough all the time.

"How little we know our friends!" he exclaimed, with some bitterness. And a moment later, "I've liked you a great deal, Mrs. Dan, for a long time, but to-night—well, to-night I am jealous of Dan."

The "Flitter" saw some rough weather in making the trip across the Bay of Lyons. She was heading for Nice when an incident occurred that created the first real excitement experienced on the voyage. A group of passengers in the main saloon was discussing, more or less stealthily, Monty's "misdemeanors," when Reggy Vanderpool sauntered lazily in, his face displaying the only sign of interest it had shown in days.

"Funny predicament I was just in," he drawled. "I want to ask what a fellow should have done under the circumstances."

"I'd have refused the girl," observed "Rip" Van Winkle, laconically.

"Girl had nothing to do with it, old chap," went on Reggy, dropping into a chair. "Fel-


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Rh that they were not yet altogether given over to the desire for material prosperity.

The war also taught this people what a nation is. A nation is not a certain extent of territory on the earth's surface; nor is it the mere aggregate of the persons who may live within a certain territory. A nation is a community of various ages, occupations, talents, and circumstances, but all united in a common interest. It is a unit which has organic life. It is enduring in its existence, spanning over individual lives and generations. It accumulates the contributions of various individuals and of various generations and it brings them all to the service and benefit of each. It is, therefore, in the strictest sense, a common-wealth, in which each participates in the prosperity of the whole and all suffer through the misfortune of one. It brings down from generation to generation the accumulation of art, science, and literature and its store of these treasures should be a steadily increasing one. It brings down the public buildings, the machinery of government, the stores of defensive means, the galleries of painting, the museums of art and science, the libraries, as a continually increasing endowment of posterity. Moreover it cherishes traditions which, if they become petrified, form a prison-house which must be broken, but which, if they are fresh, living, and flexible, are the framework of society. For instance, the rights of conscience, the equality of all men before the law, the separation of church and state, religious toleration, freedom of speech and of the press, popular education, are vital traditions of the American people. They are not brought in question; they form the stock of firm and universal convictions on which our national life is based; they are ingrained into the character of our people and you can assume, in any


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 low fell overboard a little while ago," he went on, calmly. There was a chorus of cries and Brewster was forgotten for a time. "One of the sailors, you know. He was doing something in the rigging near where I was standing. Puff! off he went into the sea, and there he was puttering around in the water."

"Oh, the poor fellow," cried Miss Valentine.

"I'd never set eyes on him before—perfect stranger. I wouldn't have hesitated a minute, but the deck was crowded with a lot of his friends. One chap was his bunkie. So, really, now, it wasn't my place to jump in after him. He could swim a bit, and I yelled to him to hold up and I'd tell the captain. Confounded captain wasn't to be found though. Somebody said he was asleep. In the end I told the mate. By this time we were a mile away from the place where he went overboard, and I told the mate I didn't think we could find him if we went back. But he lowered some boats and they put back fast. Afterwards I got to thinking about the matter. Of course if I had known him—if he had been one of you—it would have been different."

"And you were the best swimmer in college, you miserable rat," exploded Dr. Lotless.

There was a wild rush for the upper deck,


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128 ductive power of the individual. The interplay of these two in the family has been touched upon before, and it is by no means limited to the family; this interplay extends through the whole social domain. If the social body undertakes more social burdens, it increases the second demand on the individual, and contracts his power of self-maintenance. From this there is no possible escape, and it may readily be seen how far much of our current social discussion is from touching the merits of the social questions, because it fails to run upon the lines which are laid down for all discussion by this observation of the conditions of the case. What is true, and what helps to explain the current modes of thought, is the fact that the capital at the disposal of society is so great that the diminutions of individual well-being by social burdens all fall upon an outside margin of superfluity, and so do not reach to the limits of actual necessity or crush the producer down to misery.

If the social burdens of government, public philanthropy, public defense, public entertainment and amusement, public glory, public education, did subtract from the product of the society to such an extent as to produce misery, this would react upon the numbers, and it would do it in different ways. It would make the producer less able to support children and bring them to maturity, and it would force the society to give up part of the effort by which it now maintains indigent and defective classes.

Therefore there has never been a period of civilization in which there has not been a social question, and it is safe to say that no time ever will come when there will not be a social question. In a state of barbarism the social question consists in this: whether the tribe


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 and Vanderpool was not the hero of the hour. The "Flitter" had turned and was steaming back over her course. Two small boats were racing to the place where Reggy's unknown had gone over.

"Where is Brewster?" shouted Joe Bragdon.

"I can't find him, sir," answered the first mate.

"He ought to know of this," cried Mr. Valentine.

"There! By the eternal, they are picking somebody up over yonder," exclaimed the mate. "See! that first boat has laid to and they are dragging—yes, sir, he's saved!"

A cheer went up on board and the men in the small boats waved their caps in response. Everybody rushed to the rail as the "Flitter" drew up to the boats, and there was intense excitement on board. A gasp of amazement went up from every one.

Monty Brewster, drenched but smiling, sat in one of the boats, and leaning limply against him, his head on his chest, was the sailor who had fallen overboard. Brewster had seen the man in the water and, instead of wondering what his antecedents were, leaped to his assistance. When the boat reached him his unconscious burden was a dead weight and his own


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 strength was almost gone. Another minute or two and both would have gone to the bottom.

As they hauled Monty over the side he shivered for an instant, grasped the first little hand that sought his so frantically, and then turned to look upon the half-dead sailor.

"Find out the boy's name, Mr. Abertz, and see that he has the best of care. Just before he fainted out there he murmured something about his mother. He wasn't thinking of himself even then, you see. And Bragdon"—this in a lower voice—"will you see that his wages are properly increased? Hello, Peggy! Look out, you'll get wet to the skin if you do that."


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 If Montgomery Brewster had had any misgivings about his ability to dispose of the balance of his fortune they were dispelled very soon after his party landed in the Riviera. On the pretext that the yacht required a thorough "house cleaning" Brewster transferred his guests to the hotel of a fascinating village which was near the sea and yet quite out of the world. The place was nearly empty at the time, and the proprietor wept tears of joy when Monty engaged for his party the entire first floor of the house with balconies overlooking the blue Mediterranean and a separate dining-room and salon. Extra servants were summoned, and the Brewster livery was soon a familiar sight about the village. The protests of Peggy and the others were only silenced when Monty threatened to rent a villa and go to housekeeping.

The town quickly took on the appearance of entertaining a royal visitor, and a number of shops were kept open longer than usual in the


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 WHAT THE "SOCIAL QUESTION" IS

have before us the idea that no social effect can be produced without an adequate cause; there can be no result which we may not account for, upon suitable study, by the forces which were at work behind it. It is a favorite notion that "ideas" are causes, that "thought" is a force, and that sentiment, or feeling, may control society. Intellectual affections of any kind whatsoever may determine the direction in which force shall be exerted; but they are not forces which are efficient to produce results. It is impossible to stir a step in any direction which has been selected without capital: we cannot subsist men, i.e., laborers, without it; we cannot sustain study or science without it; we cannot recruit the wasted energies of the race without it; we cannot win leisure for deliberation without it; we cannot, therefore, undertake greater tasks, that is, make progress, without it.

It is the possession of an abundance of capital which sets us free to write and wrangle about "social questions"; it is the possession of abundance of capital which enables us to maintain ""progress," and spend largely upon philanthropy, and increase our numbers at the same time. This point is worth a little more elucidation; when we get a social science this will be one of the controlling points of view in it.

The first task of men is self-maintenance, or nutrition; the second is the maintenance of the race. The two tasks are in antagonism with each other, for they are both demands on one source of power, viz., the pro-


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212 sition over to a new illustration of the fact that the thing which forever rules the world is not what is true or what is right, even relatively, but only what is strong. The main question which remains to be solved is whether the elements of strength in the new order are distributed as many now believe; whether democracy is a stable order at all or whether it will at once fall a prey to plutocracy. So surely as democracy yields to socialism, socialism will prove a middle stage toward plutocracy.


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 hope that their owners might catch some of the American's money. One morning Philippe, the hotel proprietor, was trying to impress Brewster with a gesticulatory description of the glories of the Bataille de Fleurs. It seemed quite impossible to express the extent of his regret that the party had not arrived in time to see it.

"This is quite another place at that time," he said ecstatically. "C'est magnifique! c'est superbe! If monsieur had only seen it!"

"Why not have another all to ourselves?" asked Monty. But the suggestion was not taken seriously.

Nevertheless the young American and his host were in secret session for the rest of the morning, and when the result was announced at luncheon there was general consternation. It appeared that ten days later occurred the fête day of some minor saint who had not for years been accorded the honor of a celebration. Monty proposed to revive the custom by arranging a second carnival.

"You might just as well not come to the Riviera at all," he explained, "if you can't see a carnival. It's a simple matter, really. I offer one price for the best decorated carriage and another to the handsomest lady. Then


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, Third Edition For the same reason, theories, predictions, or conclusions that are asserted to be facts are uncopyrightable, even if the assertion of fact is erroneous or incorrect. See, e.g., Hoehling v. Universal City Studios, Inc., 618 F.2d 972, 978–79 (2d Cir. 1980); Nash v. CBS, Inc., 899 F.2d 1537, 1541 (7th Cir. 1990).

Although facts are not copyrightable, a work of authorship that contains factual information may be registered, provided that the work contains a sufficient amount of original authorship. For example, a newspaper may be registered, but the registration does not cover “[t]he news element – the information respecting current events contained in the [publication],” because the news of the day “is not the creation of the writer, but is a report of matter that ordinarily are publici juris.” International News Service v. Associated Press, 248 U.S. 215, 234 (1918) abrogated on other grounds by Erie Railroad Co. v. Tompkins, 304 U.S. 64, 58 (1938). Likewise, “a directory that contains absolutely no protectable written expression, only facts,” may be protected by copyright only “if it features an original selection or arrangement.” Feist, 499 U.S. at 348. The copyright in such works only protects the expression that the author contributed to the work. “No matter how original the format … the facts themselves do not become original through association.” Id. at 349.

313.3(D) Typeface and Mere Variations of Typographic Ornamentation

The copyright law does not protect typeface or mere variations of typographic ornamentation or lettering. 37 C.F.R. § 202.1(a), (e).

A typeface is a set of letters, numbers, or other symbolic characters with repeating design elements that are consistently applied in a notational system that is intended to be used in composing text or other combinations of characters. 94-1476, at 55 (1976), reprinted in 1976 U.S.C.C.A.N. at 5668. Typeface includes typefonts, letterforms, and the like. Registrability of Computer Programs that Generate Typefaces, 57 Fed. Reg. 6,201, 6,202 (Feb. 21, 1992).

The U.S. Copyright Office cannot register a to copyright in typeface or mere variations of typographic ornamentation or lettering, regardless of whether the typeface is commonly used or truly unique. Likewise, the Office cannot register a simple combination of a few typefonts, letterforms, or typeface designs with minor linear or spatial variations. In Eltra Corp. v. Ringer, 579 F.2d 294 (4th Cir. 1978) the Office refused to register a typeface design under the 1909 Act. Both the District Court and the Court of Appeals affirmed the Office’s decision, noting that “typeface has never been considered entitled to copyright under the provisions of [the 1909 Act].” 579 F.2d at 298. The Fourth Circuit noted that many parties have asked “Congress to amend the law in order to provide copyright protection to typeface” and “[j]ust as consistently Congress has refused to grant the protection.” Id. Congress addressed this issue when it drafted the 1976 Act and concluded that typeface is not. The House Report expressly states: “The Committee does not regard the design of typeface, as thus defined, to be a copyrightable ‘pictorial, graphic, or sculptural work’ within the meaning of this bill….” 94-1476, at 55 (1976), reprinted in 1976 U.S.C.C.A.N. at 5668–69.

For the same reasons, the Office cannot register a claim that is based solely on calligraphy because calligraphy is a stylized form of handwriting that is a mere variation Chapter 300 : 25


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Rh absorbed in practical life to find out what the literary men are, for the time being, interested in, and still longer for them to make up their minds that talk is to come to anything; that point has not yet been reached, even by the educated community, in regard to the issue which I have described. When it is reached we shall see whether the people of the United States have lost their political sense or not.

It is impossible to look with any complacency on the probability that this issue is to be raised and fought out. No doubt the new power of mankind in these last two or three centuries to reflect on the phenomena and experiences of life has been and is rich in advantage for the race; it has taken the place of an instinctive living under the traditional and simple acquiescence in it, and has developed the reason and conscience of all; but it is at present a sort of disease. A society which brings all its inheritance of thought and faith into question at once, and before it has prepared an adequate apparatus for dealing with the questions and problems which it raises, may fall into chaos. And it is that issue in particular — one which shows that the people are not firm in their conception of liberty and are not ready and hard-headed in their judgment of social fads and whims — which brings with it the greatest jeopardy for the essential welfare of society.

Constitutional liberty, so far as we have been able to realize it, stands just now as a happy phase of civil institutions which we have been able to realize for a moment in the interval between the downfall of aristocracy and the rise of democracy; for there can be no doubt that the epidemic of socialism is only the turning of all social powers in obeisance and flattery toward the new and rising power. We are passing through a tran-


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 everyone puts on a domino and a mask, throws confetti at every one else, and there you are."

"I suppose you will have the confetti made of thousand franc notes, and offer a house and lot as a prize." And Bragdon feared that his sarcasm was almost insulting.

"Really, Monty, the scheme is ridiculous," said DeMille, "the police won't allow it."

"Won't they though!" said Monty, exultantly. "The chief happens to be Philippe's brother-in-law, and we had him on the telephone. He wouldn't listen to the scheme until we agreed to make him grand marshal of the parade. Then he promised the coöperation of the entire force and hoped to interest his colleague, the chief of the fire department."

"The parade will consist of two gendarmes and the Brewster party in carriages," laughed Mrs. Dan. "Do you expect us to go before or after the bakery carts?"

"We review the procession from the hotel," said Monty. "You needn't worry about the fête. It's going to be great. Why, an Irishman isn't fonder of marching than these people are of having a carnival."

The men in the party went into executive session as soon as Monty had gone to interview the local authorities, and seriously con-


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 sidered taking measures to subdue their host's eccentricities. But the humor of the scheme appealed to them too forcibly, and almost before they knew it they were making plans for the carnival.

"Of course we can't let him do it, but it would be sport," said "Subway" Smith. "Think of a cake-walk between gendarmes and blanchiseuses."

"I always feel devilish the moment I get a mask on," said Vanderpool, "and you know, by Jove, I haven't felt that way for years."

"That settles it, then," said DeMille. "Monty would call it off himself if he knew how it would affect Reggie."

Monty returned with the announcement that the mayor of the town would declare a holiday if the American could see his way to pay for the repairs on the mairie roof. A circus, which was traveling in the neighborhood, was guaranteed expenses if it would stop over and occupy the square in front of the Hôtel de Ville. Brewster's enthusiasm was such that no one could resist helping him, and for nearly a week his friends were occupied in superintending the erection of triumphal arches and encouraging the shopkeepers to do their best. Although the scheme had been conceived in


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 the spirit of a lark it was not so received by the townspeople. They were quite serious in the matter. The railroad officials sent advertisements broadcast, and the local curé called to thank Brewster for resurrecting, as it were, the obscure saint. The expression of his gratitude was so mingled with flattery and appeal that Monty could not overlook the hint that a new altar piece had long been needed.

The great day finally arrived, and no carnival could have been more bizarre or more successful. The morning was devoted to athletics and the side shows. The pompiers won the tug of war, and the people marveled when Monty duplicated the feats of the strong man in the circus. DeMille was called upon for a speech, but knowing only ten words of French, he graciously retired in favor of the mayor, and that pompous little man made the most of a rare opportunity. References to Franklin and Lafayette were so frequent that "Subway" Smith intimated that a rubber stamp must have been used in writing the address.

The parade took place in the afternoon, and proved quite the feature of the day. The question of precedence nearly overturned Monty's plans, but the chief of police was finally made to see that if he were to be chief marshal it


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210 barriers set by impersonal and "equal" legislation; on the other, state regulation, consisting of legislation planned to warp rights and interests in favor of selected groups under some a priori and arbitrary notion of justice, and administered by persons who, by the fundamental principle of the system, must assume to be competent to decide what ought to be done with us all and who must at the same time themselves be above the most fundamental weaknesses of human nature. There is room for a vast range and variety of opinion and sentiment on either side of this issue, but it is the issue which is upon us and on which every man must take sides.

One of the world-improvers said: "We must know how to do violence to mankind in general, in order to make them happy." He naïvely expressed the sentiment which animates the whole school of opinion to which he belonged, from its extremest right wing to its extremest left wing. They must of course know just what men need to render them happy and they must be fearless in doing violence, that is, in trampling on liberty and causing misery, in order to enforce happiness.

If now we look to see who are to be the victims of the proposed re-adjustment of society, it is plain that they are men who, at this moment, hold the world of trade, industry, finance, transportation, law, and politics in their hands; and they hold it, not because they inherited it or because they belong to any privileged class, but they have obtained control of it by natural selection and because they have made it. Is it likely that they will be intimidated? Are they men to be coerced by clamor, or terrorism, or denunciation, or threats? So far there has scarcely even been discussion except on one side, and the disputants on that side are beginning already to count the battle won. It takes a long time for men who are


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 was only fair that the pompiers should march ahead of the gendarmes. The crew of the "Flitter" made a wonderful showing. It was led by the yacht's band, which fairly outdid Sousa in noise, though it was less unanimous in the matter of time. All the fiacres came at the end, but there were so many of them and the line of march was so short that at times they were really leading the processional despite the gallant efforts of the grand marshal.

From the balcony of the hotel Monty and his party pelted those below with flowers and confetti. More allusions to Franklin and Lafayette were made when the curé and the mayor halted the procession and presented Monty with an address richly engrossed on imitation parchment. Then the school children sang and the crowd dispersed to meet again in the evening.

At eight o'clock Brewster presided over a large banquet, and numbered among his guests every one of distinction in the town. The wives were also invited and Franklin and Lafayette were again alluded to. Each of the men made at least one speech, but "Subway" Smith's third address was the hit of the evening. Knowing nothing but English, he had previously clung consistently to that language,


text: Merlin (Robinson)/Canto 1

title: Merlin (Robinson)/Canto 1


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, Third Edition of typographic ornamentation. Although calligraphy in itself is not copyrightable, a, a , or a that contains a sufficient amount of original authorship may be registered notwithstanding the fact that it is executed in calligraphic form.

As a general rule, the mere arrangement of type on a page or screen is not copyrightable. See Section 313.3(E). However, if the arrangement produces an abstract or representational image, such as an advertisement that uses letters to create a representation of a person, the Office may register the claim provided that the resulting image contains a sufficient amount of pictorial expression.

The Office may register that generate typeface(s) provided that they contain a sufficient amount of literary authorship. However, the registration does not extend to any typeface or mere variations of typographic ornamentation or lettering that may be generated by the program. See Registrability of Computer Programs that Generate Typeface, 57 Fed. Reg. at 62026,202 [sic]. For a discussion of computer programs that generate typeface, see.

313.3(E) Format and Layout

As a general rule, the U.S. Copyright Office does not accept vague of “format” and/or “layout.” The general layout or format of a book, a page, a slide presentation, a website, a webpage, a poster, a form, or the like, is not  because it is a template of expression. These terms should be avoided and, if used, will be questioned by the.

Copyright protection may be available for the selection, coordination, and/or arrangement of specific content, such as a of artwork or a compilation of text, provided that the content is arranged in a sufficiently creative manner. However, the claim would be limited to the selection, coordination, and/or arrangement of that specific content, and it would not apply to the format and layout itself.

A standard or common selection, coordination, and/or arrangement of specific content or simple variations thereof will not support a claim of compilation authorship and cannot be registered with the Office. If the content that appears in the work is copyrightable, but the selection, coordination, and/or arrangement of that content is not, the claim should be limited to the copyrightable content that the author contributed to the work (e.g., text, artwork, etc.) and the compilation authorship should not be included in the claim.

For a general discussion of format and layout, see.

313.4 Works That Do Not Satisfy the Originality Requirement

As discussed in, the Copyright Act protects “original works of authorship.” 17 U.S.C. § 102(a) (emphasis added). To qualify as an “original” work of authorship, the work must be independently created and must contain some minimal amount of creativity. The U.S. Copyright Office will not register works that do not satisfy these requirements. Chapter 300 : 26


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248 the existing institutions of his country as long as he can and to try to make them succeed, and that it is not his duty to find fault with them and to try to see what changes he can make in them.

There is one observation with regard to the position of this country as compared with older countries which is not often made but which seems to me very important for our present purpose. As a young nation, springing up on a new continent, our history consists of a growth from the most rudimentary form of society to the stature of a great civilized nation. The first settlers brought here the traditions of English social and political order as they existed at the time of the migration; these traditions were the most favorable to liberty then existing. The colonists were able to leave what they did not want, and to bring what suited their purpose; we have had no old abuses to contend against, no vested interests to destroy, no old privileges to break down in the interest of liberty. In the old countries whose history we study the struggle has been away from excessive regulation towards liberty; whereas we began with the extreme of liberty and have gone on towards more and more regulation, as the growth of population, and the development of society have made it necessary. The two courses of development are, therefore, opposite to one another, and the fears and hopes, warnings and encouragements derived from European history, have often found an inverted application here. It is especially in regard to the development of institutions that this observation is important: a new country moving forward to greater complexity of social and civil organization will be forced to modify its institutions in the way of development, because they will be found inade-


text: Merlin (Robinson)/Canto 2

title: Merlin (Robinson)/Canto 2


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Rh quate, while an old country has to modify its institutions in the way of simplification and flexibility, because they tend to become stiff and restrictive. The two situations are distinct and require each its appropriate methods.

The first colonists of the United States found themselves on a substantial equality as regards property, education, and social antecedents. There was no opportunity for any to secure the position of landlords; there was no need for any to be peasant laborers. The inherited traditions of liberty found easy application here, for the need for political regulation was as slight as it ever can be in a civilized community. All were alike proprietary farmers. The republican method of electing public officers offered itself as the only suitable method of obtaining such officers. There were few old traditions, or venerable prejudices, or vested interests, or inherited abuses, to block the way to the freest possible organization of society. The political institutions of the colonies were therefore democratic in their character, republican in their form. They could not be anything else; there was no place for any monarchical institutions here; an aristocracy of title and descent would have been absurd under the circumstances. If it had not been for the intrinsic impossibility of the thing, the English government would have created a colonial aristocracy as a bond to hold the colonies to their allegiance. The colonists made no express choice of democratic institutions; they could not, in their circumstances, adopt any other. All were equal before the law, according to English law; all men were as nearly equal in their circumstances as men ever can be in this world, unless they belonged to the inferior races, Indians or negroes. Hence


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Rh tenants refuse any longer to be tenants because it is so easy to obtain land and become their own landlords. In their turn they find it harder to hire laborers; for when land is abundant intensive cultivation is no longer necessary and no longer pays. Capital is no longer indispensable for the cultivation, or a small amount of it will suffice. The laborer, therefore, is no longer differentiated from the other classes. He can easily obtain land and also the minimum of capital necessary to cultivate it. Thus the landlord comes down to be his own tenant and his own laborer. The tenant owns his own land and is his own laborer. The laborer becomes his own landlord and his own employer. The three classes have melted into one. It is no longer worth while to own a large estate in land, for the owner could not economically exploit it. A substantial equality of all on the middle rank is the inevitable social consequence, with democracy and all the other cognate political results.

At the same time, since capital is no longer so necessary to cultivate the ground, since the accumulation of capital goes on with constantly greater rapidity on account of the large proportion of the product to the labor under the new state of social power, and since the capital cannot be made productive without new supplies of labor, the men are on all accounts in demand and are worth more and more when measured in capital. The class, therefore, which was, under the first supposition, the worst off, obtains under the second supposition the command of the situation.

Is not this the correct interpretation of what we see going on about us? If it is, then the dogmatic or philosophical theorems, instead of being the cause of our social arrangements, are only the metaphysical dress which we have amused ourselves by imagining upon them. We


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 but the third and final address seemed to demand something more friendly and genial. With a sweeping bow and with all the dignity of a statesman he began:

"Mesdames et Messieurs: J'ai, tu as, il a, nous avons,"—with a magnificent gesture, "vous avez." The French members of the company were not equal to his pronunciation and were under the impression that he was still talking English. They were profoundly impressed with his deference and grace, and accorded his preamble a round of applause. The Americans did their utmost to persuade him to be seated, but their uproar was mistaken by the others for enthusiasm, and the applause grew louder than ever. "Subway" held up his hand for silence, and his manner suggested that he was about to utter some peculiarly important thought. He waited until a pin fall could have been heard before he went on.

"Maitre corbeau sur un arbre perché—" he finished the speech as he was being carried bodily from the room by DeMille and Bragdon. The Frenchmen then imagined that Smith's remarks had been insulting, and his friends had silenced him on that account. A riot seemed imminent when Monty succeeded


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 seems wonderful how, in the midst of all his work, Cicero found time to keep up such a voluminous correspondence. Something like eight hundred of his letters still remain to us, and there were whole volumes of them long preserved which are now lost, to say nothing of the very many which may never have been thought worth preserving. The secret lay in his wonderful energy and activity. We find him writing letters before day-break, during the service of his meals, on his journeys, and dictating them to an amanuensis as he walked up and down to take needful exercise.

His correspondents were of almost all varieties of position and character, from Cæsar and Pompey, the great men of the day, down to his domestic servant

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156 are easily free with respect to each other. All men are easily equal when all are substantially well off, because the social pressure is slight; it is intense social pressure which draws the society out into ranks and classes. The relaxation of social pressure lets the ranks and classes come together again.

The three classes which form the skeleton of any aristocratic system, that is, of a system in which classes are widely separated from each other, are landlords, tenants, and laborers. The landlords are the holders of the land. The tenants are the holders of capital, because the land must be intensively cultivated, which cannot be done without capital. The laborers are those who have neither capital nor land and who seek a livelihood by putting personal services into the industrial organization.

If the population is dense and the land is all occupied, the possession of it is the possession of a natural monopoly of a thing which is in high demand. The land-owners, therefore, possess an immense social advantage. The tenants and the whole middle capitalist class, which stands on the same social plane with them, possess the second social advantage. The laborers are those who possess neither. The three, therefore, are widely separated one from the other as respects the conditions of material well-being and earthly happiness.

Suppose then that new social power is won — let it be assumed that some new mechanical force is obtained or that new areas of land are made accessible — what is the effect on the position of classes and on the relative difference in the status of classes? Plainly the social pressure is relaxed. The landlord finds that his monopoly is no longer worth as much as before, because the supply of it has been greatly increased. His rents decline and his


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 in restoring silence, and with a few tactful remarks about Franklin and Lafayette quieted the excited guests.

The evening ended with fireworks and a dance in the open air,—a dance that grew gay under the masks. The wheels had been well oiled and there was no visible failure of the carnival spirit. To Brewster it seemed a mad game, and he found it less easy to play a part behind the foolish mask than he expected. His own friends seemed to elude him, and the coquetries of the village damsels had merely a fleeting charm. He was standing apart to watch the glimmering crowd when he was startled by a smothered cry. Turning to investigate, he discovered a little red domino, unmistakably frightened, and trying to release herself from a too ardent Punchinello. Monty's arrival prevented him from tearing off the girl's mask and gave him an entirely new conception of the strenuous life. He arose fuming and sputtering, but he was taken in hand by the crowd and whirled from one to another in whimsical mockery. Meanwhile Monty, unconscious that his mask had dropped during the encounter, was astonished to feel the little hand of the red domino on his arm and to hear a voice not at all unfamiliar in his ear.


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Rh and secretary, Tiro. Amongst them were rich and ease-loving Epicureans like Atticus and Pætus, and even men of pleasure like Cælius: grave Stoics like Cato, eager patriots like Brutus and Cassius, authors such as Cornelius Nepos and Lucceius the historians, Varro the grammarian, and Metius the poet; men who dabbled with literature in a gentleman-like way, like Hirtius and Appius, and the accomplished literary critic and patron of the day—himself of no mean reputation as poet, orator, and historian—Caius Asinius Pollio. Cicero's versatile powers found no difficulty in suiting the contents of his own letters to the various tastes and interests of his friends. Sometimes he sends to his correspondent what was in fact a political journal of the day—rather one-sided, it must be confessed, as all political journals are, but furnishing us with items of intelligence which throw light, as nothing else can, on the history of those latter days of the Republic. Sometimes he jots down the mere gossip of his last dinner-party; sometimes he notices the speculations of the last new theorist in philosophy, or discusses with a literary friend some philological question—the latter being a study in which he was very fond of dabbling, though with little success, for the science of language was as yet unknown.

His chief correspondent, as has been said, was his old school-fellow and constant friend through life, Pomponius Atticus. The letters addressed to him which still remain to us cover a period of twenty-four years, with a few occasional interruptions, and the correspondence only ceased with Cicero's death. The

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Rh voters cannot be brought within the sound of one voice, the physical difficulties become so great that this method is no longer available. It becomes necessary to adopt some system or method, aside from those previously employed, by which the question can be put and the vote taken. We are so familiar with the ballot as hardly to appreciate the fact that it is a distinct invention to accomplish a purpose and meet a new necessity. Right here, however, lies the birth of the political "machine"; for in the next step it is found that organization and previous concert are necessary. With this comes the necessity for nomination, and it is then found that the center of gravity of the system lies rather in the nomination than in the election. The nomination takes the form of a previous and informal election; it offers an opportunity for the majority to exert controlling power. The machinery is multiplied at every step, and with every increase of machinery comes new opportunity for manipulation and new demand for work. The election is to be popular throughout the state, but, for the purpose of nominating, the constituency is broken up into districts which send nominating delegates. Thus this subdivision enables labor to be concentrated upon small bodies in which chicanery, bargaining, and improper influence can be brought to bear. By ward-primaries, caucuses, nominating committees, pledged delegations, and so on, the ultimate power is concentrated in the hands of a few who, by concerted action, are able to control the result. At the same time the body of voters, finding political labor increased and political duty made more burdensome, abandon this entire department of political effort, while the few who persist in it have the continual consciousness of being duped. Upon the larger constituency of voters it is


text: Category:2024 court decisions

title: Category:2024 court decisions


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 "Monty, you are a dear. I love you for that. You looked like a Greek athlete. Do you know—it was foolish—but I really was frightened."

"Child, how could it have happened?" he whispered, leading her away. "Fancy my little Peggy with no one to look after her. What a beast I was to trust you to Pettingill. I might have known the chump would have been knocked out by all this color." He stopped to look down at her and a light came into his eyes. "Little Peggy in the great world," he smiled; "you are not fit. You need—well, you need—just me."

But Mrs. Valentine had seen him as he stood revealed, and came up in search of Peggy. It was almost morning, she told her, and quite time to go back to the hotel and sleep. So in Bragdon's charge they wandered off, a bit reluctantly, a bit lingeringly.

It was not until Monty was summoned to rescue "Reggie" Vanderpool from the stern arm of the law that he discovered the identity of Punchinello. Manifestly he had not been in a condition to recognize his assailant, and a subsequent disagreement had driven the first out of his head. The poor boy was sadly bruised about the face and his arrest had probably saved him from worse punishment.