Off the Kuff Rotating Header Image

July 4th, 2015:

Saturday video break: A real live nephew of my Uncle Sam

Taking a break from cover songs for a good, patriotic reason today:

I’d love to see a modern take on that. Imagine Jay-Z interpreting and re-choreographing Jimmy Cagney’s song and dance above. Or Bruno Mars, or Justin Timberlake, or maybe even Katy Perry, if someone can figure out how to make “a real live niece of my Uncle Sam” work lyrically. They’d need to find a way to work Left Shark and his dance partner into the chorus, that much I know. What do you think? Happy Fourth of July!

Lawsuit threatened in Hood County over clerk’s refusal to issue marriage license

I was beginning to think that none of Texas’ 254 County Clerks were going to attempt to martyr themselves in the name of their “religious freedom” to not issue marriage licenses to same-sex couples. I shouldn’t have worried.

Attorneys for a same-sex couple are preparing to sue Hood County Clerk Katie Lang after the couple was unable to obtain a marriage license.

Two Austin attorneys representing Jim Cato and Joe Stapleton, who have been together for 27 years, sent a letter to Lang on Thursday demanding that her office issue the couple a marriage license by the end of the business day or risk being sued in federal court Monday morning.

As of Thursday evening, the couple was unable to obtain a marriage license from the county, so attorney Jan Soifer confirmed that they would move forward with filing suit.

[…]

Citing her religious beliefs, Lang initially said her office would not grant same-sex marriage licenses.

She later backtracked, saying that she would “personally refrain” from issuing licenses but that other members of her staff would grant the licenses once “the appropriate forms have been printed and supplied to my office,” Lang wrote in a statement posted to the county website.

But obtaining those forms — the county clerk’s office told The Dallas Morning News — could take three weeks.

Pointing to revised forms available on the Department of State Health Services’ website, Soifer and attorney Austin Kaplan wrote that Lang had “absolutely no valid reason” to delay issuing marriage licenses.

“Our clients have been waiting for 27 years to marry, they have a constitutional right to obtain a marriage license in Hood County, where they reside, and there is no valid reason for them to have to wait ‘at least another three weeks’,” the attorneys wrote.

“Three weeks” to obtain those forms is the definition of BS. Here’s the latest survey of Texas’ counties, via Glen Maxey on Facebook at 9 PM on July 1:

So our friends at “Texans for Marriage” led by my great friend Nick Hudson give the Rainbow Report tonight:

Here’s where we are at end of day Wednesday:

235 Texas Counties — 93% — are either issuing marriage licenses already or are planning to issue licenses soon
At least 175 Texas Counties — 69% — said they were issuing marriage licenses by today
60 counties — 24% — say they are not currently issuing marriage licenses but plan to soon (this number may be lower IF the clerks in these counties have already started issuing marriage licenses. A full pass has not been made on the counties in this category in 24 hours.)
10 Counties unknown because nobody is answering the telephone

One of those 175 counties in that report was Hood. That was because Hood County Clerk Katie Lang had appeared to concede the fight. She hadn’t.

When last we heard Hood County Clerk Katie Lang wasn’t going to issue marriage licenses to same-sex couples — because, she wrote, of “the religious doctrines to which I adhere” — but her staff would. Turns out, not so much: The clerk’s office now says it will take three weeks to get the proper paperwork. A woman named Virginia in the clerk’s office says only, “We don’t have the forms.”

As a result, two attorneys from Austin are on their way to Granbury at this very moment. They want just one thing: for the clerk’s office to issue a marriage license for their clients, Jim Cato and Joe Stapleton, who have been waiting to marry for 27 years. If they do not get one, says attorney Jan Soifer, she and attorney Austin Kaplan will sue the Hood County Clerk’s office first thing Monday morning.

“After [Lang] changed her tune Tuesday, my clients gave her a day and waited till this morning to get their license,” says Soifer. “They said, ‘No, no, no, it will take three weeks.’ They said, ‘We’re not ready to do it, we don’t have the forms ready.’ We sent them the link to the website with the form they are supposed to use. It’s posted. It’s available to them. We know 205 other counties in Texas have already been issuing them.”

But not Hood County.

Indeed. I suppose Lang could fold again, but I suspect this one is going to go to court. At this point, the professional grievance holders have arrived, and the crowds have been whipped up. That they have no legal led to stand on isn’t going to stop them. Someone is going to need to be smacked down, and the first someone in line for that is Katie Lang. As a wise man once said, hold on to your butts.

Cardinals identify a fall guy

The latest Hacked-Stros news.

The St. Louis Cardinals have terminated the contract of their scouting director, Chris Correa, as investigations continue into alleged hacking of a Houston Astros database.

A Cardinals’ lawyer, James G. Martin, confirmed the move Thursday, saying Correa already had been on an “imposed leave of absence.” Martin declined to comment on the reason. And he would not say whether any employee has admitted hacking the Astros, citing ongoing investigations by the club, Major League Baseball and the FBI.

Correa declined to comment.

In a prepared statement, Correa’s lawyer, Nicholas Williams, wrote: “Mr. Correa denies any illegal conduct. The relevant inquiry should be what information did former St. Louis Cardinals employees steal from the St. Louis Cardinals organization prior to joining the Houston Astros, and who in the Houston Astros organization authorized, consented to, or benefited from that roguish behavior?”

Giles Kibbe, the attorney for the Astros, reaffirmed an earlier denial that neither the Houston organization nor any previous Cardinals employees now with the Astros had taken anything proprietary from the Cardinals.

Astros general manager Jeff Luhnow, who as head of the Cardinals’ analytics department had helped build the database used here to evaluate players, has said that everything he and others did in Houston was accomplished “from scratch.”

“We stand by all of our previous comments,” Kibbe said. “We’re looking forward to the conclusion of the FBI’s investigation. I stand by all that Jeff has said on this matter.”

Correa has admitted hacking into a Houston database but only to determine whether the Astros had stolen proprietary data, according to a source with knowledge of the investigation.

Correa did not leak any Astros data and is not responsible for additional hacks that the FBI has alleged occurred, said the source.

[…]

The source said that Correa’s involvement in the hacking began in 2013, in an attempt to determine whether Luhnow or any other former Cardinals employees took proprietary data to the Astros.

Correa’s suspicions were aroused in part by a résumé in which a job seeker claimed expertise that Correa believed could have come only from working with Cardinals data, the source said.

He used an old password from a former Cardinals employee working for the Astros to access the Houston database “a few” times but did not download data, the source said. The source claims Correa located some data on the website, but did not report it to his bosses because the information was outdated and unreliable without being redone.

The source said that others must have accessed Houston’s database if federal investigators’ claims about the number of hacking attempts are correct.

See here and here for the background. The counter-charges are interesting and I suppose could be a potential line of defense in the event this ever goes to a courtroom in some fashion. Whether it might mitigate any future punishment by MLB is another matter. The Chron story adds a bit more detail.

Giles Kibbe, the Astros’ general counsel, said in an e-mail, “We stand by all of our previous comments. We look forward to the FBI concluding their investigation.”

Major League Baseball, similarly, plans to await the conclusion of the FBI’s investigation, a person familiar with the league’s thinking said. A league spokesperson did not return a request for comment.

The FBI has not commented on details of its investigation but repeated a previously issued statement: “The FBI aggressively investigates all potential threats to public and private sector systems. Once our investigations are complete, we pursue all appropriate avenues to hold accountable those who pose a threat in cyberspace.”

[…]

Washington D.C.-based attorney Peter Toren, who handles cases involving intellectual property and commercial litigation, said that were a civil case to be filed, the Cardinals might be able to allege as a counterclaim against the Astros that Astros personnel improperly used information obtained in their time as employees for the Cardinals that could be classified as a trade secret.

Major League Baseball forbids clubs from suing each other, instead directing disputes to the commissioner as arbitrator. He can then award the Astros damages.

Luhnow and director of decision sciences Sig Mejdal worked with the Cardinals before joining the Astros, for whom they launched a database called “Ground Control.” The Cardinals had their own database, called “Red Bird Dog.”

“Ground Control” includes statistics, player evaluations and, at least up until last spring, logs of trade negotiations. Those logs were posted online and widely viewed at the website Deadspin last June, prompting an FBI investigation.

As first reported by The New York Times and confirmed by the Chronicle, the Cardinals had a master list of passwords, and at least one of the Astros’ departed executives did not alter his password well enough upon departure.

While Astros amateur scouting director Mike Elias also worked with the Cardinals in St. Louis and came over to the Astros with Luhnow, a person familiar with the investigation said Elias’ log-in credentials were not at issue. It’s unclear if the log-in information of both of Luhnow and Mejdal or just one of the two was in some way utilized in accessing Astros information.

Luhnow told Sports Illustrated he knows “about password hygiene and best practices” but did not directly address whether both he and his employees followed those practices to the necessary extent. Luhnow has turned down repeated requests for comment.

“I’m very aware of intellectual property and the agreements I signed,” Luhnow told Sports Illustrated. “I didn’t take anything, any proprietary information. Nor have we ever received any inquiries from anybody that even suggested that we had.”

Regarding the use of information obtained while working for another employer, Toren said, “That scenario is probably the most common type of trade secret case. One employee moves jobs and takes information with him to a new job for his use. The question then is: Is the employee generally allowed to take with him general knowledge?”

Toren said courts have ruled that employees can use general knowledge and skills gained on one job when they move to their next employer. However, he said lines can become blurry over “the type of information that really belongs to the employer that goes beyond … and really is specific knowledge.”

I still say having a master list of passwords is a terrible idea, whether Luhnow and the others who jumped from the Cards to the Stros practiced good password hygiene or not. I can’t wait to see the FBI report. Craig Calcaterra, who is not impressed by Correa’s attorney’s claims, has more.

Adickes documentary

I’d watch that.

Recently local video production company The Storyhive announced details of an upcoming documentary about Houston artist and sculptor David Adickes, the man behind many of the large-scale public art pieces dotting the Bayou City area.

The film, titled “Monumental,” will chronicle Adickes who at the age of 88 is still exercising his creative muscles daily. The film has been in production for three years now, according to the producers.

They shot footage with him in Huntsville at his old high school, which he turned into the Adickes Art Foundation Museum in 2012. They just recently spent a day with him at his house in the Montrose area as he created a mock-up for a statue of an astronaut for a project he’s currently an integral part of.

It could one day be the second-tallest statue in the United States, right behind the Statue of Liberty in New York City, if the project is completed as planned.

“He’s talking about his entire life in the film and the production will focus on his life in Houston after he returned from Europe mostly,” says The Storyhive’s Jena Moreno. The film only has a crew of three people.

Here’s the Facebook page for the project. If you’ve read this blog for any length of time, you know I’m a big fan of Adickes’. The film is aiming for a 2016 release, and I intend to be at a screening. I’m so glad someone is doing this.