Author Archives: Michael Froomkin

Redfin Takes a Bite Out of Realtor’s Commissions

Redfin is another example of the Internet's destructive effect on low-value intermediation. It's an online brokerage service that kicks back 2/3 of the agent's 3% commission to the seller. (I suppose the buyer's agent still gets the usual 3%? Why?)

[[Update: There's a much different and no doubt better explanation of how this works in the first comment below.]]

So far Redfin is only available in Baltimore, Boston, Los Angeles, Orange County, San Diego, San Francisco, Seattle, and Washington DC, but unless some states have Realtor-protective legislation banning kickbacks like this I think things like this should be everywhere soon.

Of course, it wouldn't shock me to learn we had a Realtor-protective law here in Florida, given the power of the Realtors. An example of their power is that the newspapers capitalize the “R”. They don't do that for “lawyers” or “attorneys”.

Posted in Econ & Money | 2 Comments

Check on the Ratings for Bridges in Your Neighborhood

MSNBC.com does a real public service by publishing this State-by-state list of deficient or obsolete bridges. A deficient bridge is what it sounds like; obsolete means that while the bridge doesn't have major maintenance issues, the design isn't sufficient for modern traffic volumes.

Not surprisingly, the North-east, with the oldest infrastructure and a vicious freeze-thaw-heat cycle does worst overall, although the Midwest isn't doing great. Florida, being a fast-growth Sunbelt state has more troubles with “obsolete” bridges (is every bridge in Miami on that list?) than deficient ones.

Posted in Politics: US | 2 Comments

7 Million Years and We’re Toast

So the sun has an orbit, or an oscillation, relative to the galactic plane, and when it gets to one of the extremes, we get fried with muons. Could this explain why every 62 million years, there's a huge die-off of species, about ten percent, in our biosphere?

Of Cosmic Rays and Dangerous Days: Now, researchers from the University of Kansas in Lawrence think they have found a possible answer. Physicist and co-author Adrian Melott says that he began suspecting a galactic cause after noticing a 2005 paper that calculated that the drop in species diversity occurs regularly on a time scale of tens of millions of years, which—for a cyclical event—is too long for something happening within the solar system. So he and Kansas colleague Mikhail Medvedev began examining the possibilities. At about the same time as the drops in biodiversity, the researchers determined, the sun reaches the highest point in its orbit relative to the galactic plane, where most Milky Way stars reside. At that point, the scientists report in the 1 August Astrophysical Journal, the solar system is closest to an incoming source of potentially lethal cosmic rays created by interactions between the Milky Way's magnetic field and radiation generated by a cluster of nearby galaxies.

These galaxies are located in the direction of the constellation Virgo, and the radiation consists of particles called muons, which are so powerful they can penetrate about 2.5 kilometers of sea water or 900 meters of rock—enough to reach just about every living thing on Earth and damage its DNA. Because the zenith of the Sun's oscillations match almost exactly with the times of the dips in the fossil record, the researchers found, “we've noticed an incredible coincidence,” Melott says.

Be sure to mark your calendar to give you plenty of warning, as the next one is due in just seven million years.

Posted in Science/Medicine | 4 Comments

For the Annals of Market Failure

You can't (or can no longer) get Amora Dijon Mustard in the United States.

Posted in Shopping | 5 Comments

If I Were Still Teaching Trademark

If I were still teaching Trademark, I could make something of JewTube. It's not quite an exam question, but it's at least a good class discussion. Is it a trademark violation? The chance of confusion is low. YouTube has considerable fame, however, so actual likelihood of confusion may not be required. There's clearly some overlap in what the sites do: serve up little movies. And the parody defense may be inapplicable, because JewTube does not appear to be a parody — it seems to be serious, for all that there's not much content there, and what there is won't detain you long…

But maybe it's not commercial, so the site survives, so long as it never runs a banner ad.

Anyway, I don't teach Trademark any more, so I don't have to worry about any of it, except why the site is so lame.

Posted in Law: Trademark Law | Comments Off on If I Were Still Teaching Trademark

Grim Outlook for Internet Radio Equality Act

Wired.com reports SoundExchange Entrenches Position as IREA Faces Music:

A federal bill that would reset music royalties at a more affordable rate for thousands of internet radio stations is losing steam in the House of Representatives, raising new fears for the future of webcasting.

Looks bad for Pandora…

Posted in Law: Copyright and DMCA | Comments Off on Grim Outlook for Internet Radio Equality Act