Viacom: YouTube ruling will "completely destroy" copyright

Media giant Viacom has filed its appeal of a June ruling in favor of Google's YouTube, the latest move in the companies' ongoing battle over alleged copyright infringement. Viacom wants to overturn a previous ruling that the company feels let YouTube off the hook for hosting thousands of pirated video clips of some of its popular programs, according to Wired.

"If affirmed by this Court, that construction of Section 512(c) would radically transform the functioning of the copyright system and severely impair, if not completely destroy, the value of many copyrighted creations," reads Viacom's 73-page appeal. "It would immunize from copyright infringement liability even avowedly piratical Internet businesses."

Viacom's attempt to collect more than $1 billon in alleged damages from YouTube is the latest episode in a legal battle that has already dragged on for nearly four years. US District Judge Louis Stanton originally concluded that YouTube had complied with the Digital Millennium Copyright Act and dismissed Viacom's lawsuit before a trial.

Viacom is now arguing that YouTube became the world's leading online video channel after its 2005 debut by turning a blind eye to copyright-protected clips, which attracted far more viewers than amateur videos. Google branded YouTube as "a 'rogue enabler' of content theft" before it bought the service in 2006, according to internal documents unearthed in the lawsuit.

Viacom points to evidence that YouTube could have done more to prevent pirated clips from being uploaded, but did not because the site's managers knew viewership would plunge. Now, YouTube has over 35 hours of content uploaded every minute, and Google monitors it all for copyrighted content.

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Source: http://www.techspot.com/news/41432-viacom-youtube-ruling-will-completely-destroy-copyright.html

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ESPN: Only 0.11% of cable subscribers really cut the cord last quarter [TNW Media]

ESPN, the sports television network, using data that Nielsen uses for its TV ratings, has determined that only 0.11% net US households really cut the cord in the last quarter.

Like many other television networks that are ? in our opinion justifiably - nervous about losing traditional paying cable subscribers to the Internet, ESPN decided to dig right into the data in order to see for itself what exactly is going on, according to a report by The New York Times.

Using Nielsen?s data, ESPN found that 0.28% of subscribers cut the cord for the Internet in the last quarter, but that was mitigated by 0.17% of households signing up for cable bundles, meaning that only a net of 0.11% of households cut the cord (Nielsen is backing up ESPN?s findings). ESPN also found that among hardcore sports fans that it found virtually no cord cutting at all, due to fact that watch live sports online is an (intentionally) painful process.

Of course, Nielsen?s data isn?t perfect ? no data is. The question is, does this data paint the entire picture of cord-cutting? There is cord cutting and then there is changing habits: just because households aren?t quite ready to completely cut the cord, it doesn?t mean that they aren?t increasingly watching video online. Also, the introduction of so many Internet-connected set-top boxes including the Apple TV, Google TV, Boxee Box and Roku this holiday season (not to mention gaming consoles such as the Xbox) are only going to accelerate this trend.

If one of these boxes can really bring the Internet to big screen TVs the way we?re all waiting for (none of them have seemingly got there yet from what we?ve read/seen) and can deal with the content providers in a way that doesn?t cripple them, then that one tenth of one percent number could start getting much larger, much faster.

So while these findings are seemingly great news for cable, we?d still say this: beware the cutting of cords ? at least ESPN has ESPN3.com as a fall back, which did pretty well during the World Cup, so they?re probably better off than most.

Note: The NY Times says that ESPN will release its entire findings in a report on Monday.

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Source: http://thenextweb.com/media/2010/12/06/espn-only-0-11-of-cable-subscribers-really-cut-the-cord-last-quarter/

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Weekend Open Forum: How often do you beat games?

Critics Accuse Group Of a Serious Texas Sin: Forgetting the Alamo

But in the last year members of the group, the Daughters of the Republic of Texas, have found themselves besieged and divided. Dissidents have accused the leaders of caring more about building a $36 million library and theater nearby than about preserving the site?s old church and priest?s quarters, the only buildings remaining at the Spanish mission where at least 189 Texan rebels died fighting the Mexican Army in 1836.

The cracked roof of the church, known as the shrine, continues to leak nearly four years after engineers recommended it be repaired or replaced, lending fuel to the criticisms. Calls to install underground barriers to keep moisture from destroying the famed limestone walls have also gone unheeded.

This summer, the attorney general began an investigation into the group?s finances and business practices, seizing thousands of documents. As the inquiry has gone on, donations have plummeted and speculation has grown that the state may take control of the site in downtown San Antonio. Editorials in The San Antonio Express-News and on local television have supported that idea.

?There is a kind of mini civil war going on within the organization,? said Richard Bruce Winders, the historian and curator of the Alamo. ?Unfortunately, the Alamo is caught in the middle.?

But beyond the controversy over maintenance is a larger debate over the future of the shrine and battleground, an emotional touchstone for many Texans. More than 2.5 million people visit it each year.

With 7,000 members, many from prominent Texas families, the Daughters, as they are known here, remain a political third rail no one wants to touch. State Senator Leticia Van de Putte, whose district includes the Alamo, says it would be politically impossible to remove the Daughters as custodians without hard evidence of wrongdoing.

?Until the attorney general makes his report, politicians will tread very carefully because the Daughters are so beloved in the state,? she said. ?But it?s not about them. It should be about the shrine.?

Still, Gov. Rick Perry clashed publicly this year with the Daughters over their attempt to trademark the words ?the Alamo? to generate more revenue from souvenirs, and he has signaled he might consider switching custodians. ?If the Legislature would like to consider exploring alternate ways to continue to preserve this Texas treasure, we would certainly be open to their recommendations,? said Lucy Nashed, a spokeswoman for the governor.

One sign of the governor?s wavering support for the Daughters has been his slowness to approve their plan to seal the roof with an acrylic sheath. Aides say he has delayed the plan pending further engineering studies and a review of other options.

The roof has become the focus for those calling for new management. Their complaints reached a peak last February when a patch of plaster fell from the ceiling and forced the closing of two rooms in the church. An engineer?s report in July said the building was safe, but recommended ?the roofing over the entire Alamo shrine be repaired or replaced.?

The group?s leaders have a vision: to build a three-story annex that would hold their organization?s library of historical documents, a theater, a recording studio and office space. The proposed building, next to the square where the battle was fought, would cost about $36 million.

?They came up with a big plan of all the grandiose things they want to build, and that?s what they need the money for,? said Sarah Reveley, a former member whose lengthy complaint to the attorney general?s office prompted the investigation. ?The preservation of the Alamo was also in the master plan, and they just ignored it.?

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Source: http://feeds.nytimes.com/click.phdo?i=927f3ff9ce524b6874e9c6cba3a0756c

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Wikileaks Now Running on Over 200 Domains [TNW Media]

Over the past few weeks, Wikileaks has had more than it?s share of hosting difficulty. Most recently the site was hosted out of Switzerland, but no matter where the site chooses for hosting it has constantly come under heavy attack.

In an effort to keep its acquired information readily accessible even while under duress the site is now accepting mass mirroring across domains around the world. The list of mirrors which you can find here presently sits at 208 sites with a number of them including ipv6 protocol.

Interestingly, we are even seeing the last.to domain as one of the hosts. It will be quite a sight as more domains continue to pick up mirroring of the Wikileaks content.

If you?re feeling frisky, full instructions on how to set up a mirror of the Wikileaks content have been posted on the site. It is worth noting that Wikileaks is well aware of the dangers involved for anyone who would host a mirror. In fact, there is a required checkbox on the site giving a disclaimer of sorts:

I know that this may be dangerous if I host a www.wikileaks.org virtual host, and I?m ok with this risk.

As we stated yesterday, the obvious issue at hand is what happens to sites that mirror or link to the Wikileaks content. However in the list of mirroring domains there is a notable lack of US based top level extensions. While it is unknown where the parties who own these sites reside, it is safe to say that those within the US are likely using either false or hidden information for their domain registrar.

Has Wikileaks gone viral to the point that government intervention from any one nation will not be able to contain it? At what point did Wikileaks become its own best friend and worst enemy?

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Source: http://thenextweb.com/media/2010/12/06/wikileaks-goes-viralmirrors-itself-to-over-200-sites/

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Electricity and Light in One Chip

Today's computer chips are chunks of silicon that use electrical pulses to crunch data. But IBM researchers are now making chips for tomorrow: chunks of silicon that also contain pathways for light pulses.

These optical circuits can exchange information with the conventional, electronic circuits in the same chip. This could transport data inside a computer significantly faster, because light signals can transport larger quantities of data at higher speeds than conventional copper electrical wiring can. A chip could use its optical?photonic?circuits for high-speed input and output.

"We need faster ways to shuttle information around," says Solomon Assefa, a member of the research team at IBM's Watson Research Center in Yorktown Heights, New York. "Our main motivation is to build, in five years or so, exascale systems that will be 1,000 times faster than what we have now."

Today's supercomputers are dubbed "petascale" because their power is measured in petaflops, or quadrillions of floating-point operations per second. The U.S. Department of Energy has urged the development of machines capable of exaflops?quintillions of operations per second?to enable more powerful simulation-based research into climate change and renewable and nuclear energy.

Over the past seven years, IBM's researchers have developed a chain of individual silicon components that together can convert a chip's electrical signals into light signals and back again. Now they've found a way to build all of those components on the same chip without inhibiting the transistors' performance, using the standard complementary metal-oxide semiconductor (CMOS) techniques used to build processors and other chips today.

Now that this goal has been achieved in the lab, says Assefa, "the next step is to transfer this to a commercial fab, like those making chips today." Although the technology is not expected to be market-ready for around five years, IBM is keen to test its techniques on the production equipment for which they are designed.

This is a significant advance, says Bahram Jalali, a professor of electrical engineering at the University of California, Los Angeles, who helped kick-start silicon photonics when he developed the first silicon laser in 2004. "Integration with CMOS is a very difficult thing that has been a vision of many in the field for some time," he says.

Other companies have been developing silicon photonics as well. Earlier this year, Intel unveiled a collection of dedicated photonic chips that can be used to carry data between conventional electronic chips. Caltech spinoff Luxtera puts photonic components on a silicon wafer after the electronic silicon components have been completed.

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News Analysis: Arizona Medicaid Cuts Seen as a Sign of the Times

With enrollments exploding, revenues shrinking and the low-hanging fruit plucked long ago, virtually every state has had to make painful cuts to its Medicaid program during the economic downturn.

What distinguishes the reductions recently imposed in Arizona, where coverage was eliminated on Oct. 1 for certain transplants of the heart, liver, lung, pancreas and bone marrow, is the decision to stop paying for treatments urgently needed to ward off death.

The cuts in transplant coverage, which could deny organs to 100 adults currently on the transplant list, are testament to both the severity of fiscal pressures on the states and the particular bloodlessness of budget-cutting in Arizona.

?It?s a real sign of the times,? said Alan Weil, executive director of the National Academy for State Health Policy. ?And I think this is a precursor to a much larger number of states having this discussion.?

Policy choices with such life-threatening implications are all the more striking given the partisan framing of the health debate.

Republicans have argued that the new health law will lead to rationing, warning even of ?death panels.? Democrats have responded that care is already rationed, with 50 million people going largely without insurance, and that the law will bring greater equity.

The Arizona case, said Diane Rowland, director of the Kaiser Commission on Medicaid and the Uninsured, ?is a classic example of making decisions based not on medical need but based on a budget.? And, she added, ?it results, potentially, in denial of care to individuals in a life-or-death situation.?

The federal Centers for Medicare and Medicaid Services do not monitor which states use Medicaid money for transplants. But health experts said no other state had withdrawn coverage for patients pursuing transplants.

Arizona?s decision, by Gov. Jan Brewer, a Republican, and the Republican-controlled Legislature, was made after state officials assessed success and survival rates for a number of transplant procedures. National transplant groups call the figures misleading.

?It seems inappropriate that life-saving care has the potential to be withheld based solely on budgetary issues and the bureaucratic determination of relative benefits,? said Dr. Robert S. Gaston, president-elect of the American Society of Transplantation.

There is usually a long-term consequence to short-term cuts in safety-net programs like Medicaid, which insures low-income Americans and is financed by state and federal governments.

When payments to doctors are cut, fewer providers are willing to treat Medicaid patients. When eligibility levels are lowered, more people are left to seek charity care in emergency rooms. When optional benefits like dental services and prescription drugs are eliminated, conditions worsen until they require more expensive care.

But no other state in recent memory has made such a numbers-driven calculation pitting the potential loss of life against modest savings.

Jennifer Carusetta, the legislative liaison for Arizona?s Medicaid agency, said the transplant cuts would save a mere $800,000 in the current fiscal year, and only $1.4 million for a full year.

The cuts were imposed in an effort to close a $2.6 billion shortfall in the state?s $8.9 billion budget for this year.

The options available to states for cutting Medicaid have been limited because the federal stimulus package and the health care law have required them to maintain eligibility levels. That has left states to cut payments to providers and trim benefits not required by federal regulations.

Many states, including Arizona, have done both. A September report by the Kaiser Family Foundation found that 39 states cut provider payments and 20 cut optional benefits in their 2010 fiscal years, with similar numbers planning to do so in 2011.

Arizona reduced Medicaid payments to doctors by 5 percent last year and has frozen payments to hospitals and nursing homes for two years. All providers will undergo another 5 percent cut on April 1, Ms. Carusetta said.

This year, Arizona became the only state to eliminate its Children?s Health Insurance Program, which would have affected 47,000 children of working-class parents. Lawmakers reversed course before the effective date only after concluding that the state might run afoul of federal requirements and lose billions of dollars in matching money.

The state has also enacted a wide range of Medicaid cuts, eliminating coverage for emergency dental procedures, insulin pumps and orthotics. ?We realize this has serious impacts on people,? Ms. Carusetta said. ?Unfortunately, given the fiscal constraints facing our state, the Legislature has limited options at this point.?

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Source: http://feeds.nytimes.com/click.phdo?i=422e353c03ed7d3755c4484ca726ace7

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World?s first social gaming magazine on sale in Japan [TNW Asia]

In a complete reversal of all trends, social gaming has spawned its first old media ink on paper magazine. Appli-Style, which went on sale last week in Japan.

We?re becoming used to the clamour of old media trying to muscle in on the new territory of online media.

Virgin?s ?Project? magazine launched only last week and Rupert Murdoch?s much hyped ?Daily? is due to launch soon as well.  So, it comes as a refreshing change for a new print magazine to be launched on the back of that most online of pastimes, the social media game.

Appli-style?s website, other than displaying a copy of the cover, has very little additional information. We can, however, see the logos of 3 of Japan?s largest social networks, Gree, Mixi and Mobage Town featured on the cover.  According to Asiajin, the first issue of Appli-Style features articles on,

  • Kaitou Royal (Mobage Town?s flagship).
  • Gundam Royal, (Mobage).
  • Tsuri Star (Gree?s fishing game)
  • Monster Planet (Gree?s Pokemon)
  • Sanshine Bokujou (Ranch ? Mixi?s No.1 game)
  • Monhan Nikki Mobile Airu Mura (Monster Hunter Diary Mobile Airu Village, Mobage Town)
  • 100 Man Nin no Nobunaga no Yabou (Nobunaga?s Ambition For Million People, social game version of the popular feudal lord strategy game by Koei)
  • Evangelion Meguriau Kizuna (anime-based social game on Gree)

Very few of these games will be familiar to western readers.  It will be interesting to see how long it is before Zynga?s soon to be launched ?Farm Village? makes it into an edition or, if Facebook will improve its market share enough to appear on the cover.

Appli-Style?s first issue went on sale  in Japan last week for 680 yen (about US$8). It is available at major bookstores and convenience stores in Japan as well as through Amazon Japan.

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Source: http://thenextweb.com/asia/2010/12/06/worlds-first-social-gaming-magazine-on-sale-in-japan/

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For Pentagon Lawyer Who Co-Wrote Report on Gays, Military Bias Hits Home

As Mr. Johnson recounted in an interview at the Pentagon last week, ?A year ago, this subject was so sensitive that whenever I had a conversation with anybody about it in the building, it was always a group of three or less, behind closed doors.?

As he wrote the report, which is a crucial factor in the Congressional debate over reversing the ?don?t ask, don?t tell? policy, he had to navigate the growing legal challenges to the 17-year-old law, which requires gay men and lesbians in the military to keep their sexual orientation secret or face discharge.

In October, a series of court decisions whipsawed the Pentagon into suspending and then resuming enforcement of the law over the course of little more than a week, creating bewilderment at recruiting stations and confusion among Defense Department lawyers. Wrangling in the courts continued into November.

?In the space of eight days we had to shift course on the worldwide enforcement of the law twice, and in the space of a month faced the possibility of shifting course four different times,? Mr. Johnson told the Senate Armed Services Committee last week.

The experiences have turned Mr. Johnson into a force behind the Pentagon?s argument that Congress has to repeal ?don?t ask, don?t tell,? and soon, or the courts will do it for them. Although it is not at all clear whether the Supreme Court would strike down the law, Mr. Johnson and his boss, Defense Secretary Robert M. Gates, are warning of the dangers of repeal by abrupt ?judicial fiat,? which they said would not give the Pentagon enough time to prepare the armed forces for change.

But Mr. Johnson, 53, an early fund-raiser for President Obama in New York and the first black partner at the law firm Paul, Weiss, Rifkind, Wharton & Garrison, also has a window into the ?don?t ask, don?t tell? debate from beyond the courtroom ? from his own family history.

His uncle, Robert B. Johnson, was not only one of the Tuskegee Airmen, but was also a participant in what is known as the Freeman Field Mutiny in 1945, when a group of the airmen were arrested for entering an all-white officers? club at Freeman Field in Indiana. The airmen were imprisoned for 10 days until the Army chief of staff, Gen. George C. Marshall, intervened. Three years later, President Harry S. Truman integrated the military by executive order.

Although Mr. Johnson says that discrimination based on race and sexual orientation are different ? sexual orientation, he maintains, is ?not a self-identifier? ? he has found similarities in the way the armed forces reacted in both cases to the prospect of change. The study Mr. Johnson wrote with Gen. Carter F. Ham found that, over all, 70 percent of the troops surveyed said the repeal of ?don?t ask, don?t tell? would have little effect, but about 60 percent of Marines predicted a negative impact.

The opposition to integrating the armed forces in the 1940s, Mr. Johnson said, was as high as 80 percent. ?The lesson to be drawn from that,? he said, ?is that very often the predictions about what is going to happen overestimate the negative consequences and underestimate the military?s ability to adapt.?

Mr. Johnson said he did not consider his work on the study as an assignment to advance civil rights. As the Defense Department?s lawyer and the report?s co-author, his position is that the Pentagon could make the change, but whether it should, he said, is up to Congress.

In the meantime, Mr. Johnson is handling a raft of other issues like the stalled efforts to close the military prison at Guantánamo Bay and legal reviews of all United States military operations, including drone strikes. He supervises 10,000 Defense Department lawyers around the world and a staff of 200 at the Pentagon.

Mr. Johnson?s first name, pronounced ?Jay,? is taken from a Liberian chief whom his grandfather, Charles S. Johnson, a sociologist who was president of Fisk University, met during a League of Nations mission to Africa in 1930. He has never served in the military, but when Bill Clinton was president, Mr. Johnson told their mutual friend, the lawyer Vernon E. Jordan Jr., that he wanted to work in the new administration and got the job of Air Force counsel, in part, he said, to advance diversity.

?I had never set foot in the Pentagon,? he said.

Mr. Johnson served in the Pentagon from 1998 to 2001 and then returned to his job as a litigator at Paul, Weiss, but he wanted to go back to the capital. ?The scent and allure of Washington was very compelling to him,? said Gordon Davis, a former New York City parks commissioner and the founding chairman of Jazz at Lincoln Center who is a friend of Mr. Johnson.

Mr. Johnson, who is married and has two children, now has a home in Georgetown, but he has kept his old house in Montclair, N.J. Most of his waking hours are spent at the Pentagon.

As he told the Senate Armed Services Committee about what he faces on ?don?t ask, don?t tell?: ?This legal uncertainty is not going away anytime soon.?

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Source: http://feeds.nytimes.com/click.phdo?i=167368429b5cac3a5b8121322f822faa

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For Pentagon Lawyer Who Co-Wrote Report on Gays, Military Bias Hits Home

As Mr. Johnson recounted in an interview at the Pentagon last week, ?A year ago, this subject was so sensitive that whenever I had a conversation with anybody about it in the building, it was always a group of three or less, behind closed doors.?

As he wrote the report, which is a crucial factor in the Congressional debate over reversing the ?don?t ask, don?t tell? policy, he had to navigate the growing legal challenges to the 17-year-old law, which requires gay men and lesbians in the military to keep their sexual orientation secret or face discharge.

In October, a series of court decisions whipsawed the Pentagon into suspending and then resuming enforcement of the law over the course of little more than a week, creating bewilderment at recruiting stations and confusion among Defense Department lawyers. Wrangling in the courts continued into November.

?In the space of eight days we had to shift course on the worldwide enforcement of the law twice, and in the space of a month faced the possibility of shifting course four different times,? Mr. Johnson told the Senate Armed Services Committee last week.

The experiences have turned Mr. Johnson into a force behind the Pentagon?s argument that Congress has to repeal ?don?t ask, don?t tell,? and soon, or the courts will do it for them. Although it is not at all clear whether the Supreme Court would strike down the law, Mr. Johnson and his boss, Defense Secretary Robert M. Gates, are warning of the dangers of repeal by abrupt ?judicial fiat,? which they said would not give the Pentagon enough time to prepare the armed forces for change.

But Mr. Johnson, 53, an early fund-raiser for President Obama in New York and the first black partner at the law firm Paul, Weiss, Rifkind, Wharton & Garrison, also has a window into the ?don?t ask, don?t tell? debate from beyond the courtroom ? from his own family history.

His uncle, Robert B. Johnson, was not only one of the Tuskegee Airmen, but was also a participant in what is known as the Freeman Field Mutiny in 1945, when a group of the airmen were arrested for entering an all-white officers? club at Freeman Field in Indiana. The airmen were imprisoned for 10 days until the Army chief of staff, Gen. George C. Marshall, intervened. Three years later, President Harry S. Truman integrated the military by executive order.

Although Mr. Johnson says that discrimination based on race and sexual orientation are different ? sexual orientation, he maintains, is ?not a self-identifier? ? he has found similarities in the way the armed forces reacted in both cases to the prospect of change. The study Mr. Johnson wrote with Gen. Carter F. Ham found that, over all, 70 percent of the troops surveyed said the repeal of ?don?t ask, don?t tell? would have little effect, but about 60 percent of Marines predicted a negative impact.

The opposition to integrating the armed forces in the 1940s, Mr. Johnson said, was as high as 80 percent. ?The lesson to be drawn from that,? he said, ?is that very often the predictions about what is going to happen overestimate the negative consequences and underestimate the military?s ability to adapt.?

Mr. Johnson said he did not consider his work on the study as an assignment to advance civil rights. As the Defense Department?s lawyer and the report?s co-author, his position is that the Pentagon could make the change, but whether it should, he said, is up to Congress.

In the meantime, Mr. Johnson is handling a raft of other issues like the stalled efforts to close the military prison at Guantánamo Bay and legal reviews of all United States military operations, including drone strikes. He supervises 10,000 Defense Department lawyers around the world and a staff of 200 at the Pentagon.

Mr. Johnson?s first name, pronounced ?Jay,? is taken from a Liberian chief whom his grandfather, Charles S. Johnson, a sociologist who was president of Fisk University, met during a League of Nations mission to Africa in 1930. He has never served in the military, but when Bill Clinton was president, Mr. Johnson told their mutual friend, the lawyer Vernon E. Jordan Jr., that he wanted to work in the new administration and got the job of Air Force counsel, in part, he said, to advance diversity.

?I had never set foot in the Pentagon,? he said.

Mr. Johnson served in the Pentagon from 1998 to 2001 and then returned to his job as a litigator at Paul, Weiss, but he wanted to go back to the capital. ?The scent and allure of Washington was very compelling to him,? said Gordon Davis, a former New York City parks commissioner and the founding chairman of Jazz at Lincoln Center who is a friend of Mr. Johnson.

Mr. Johnson, who is married and has two children, now has a home in Georgetown, but he has kept his old house in Montclair, N.J. Most of his waking hours are spent at the Pentagon.

As he told the Senate Armed Services Committee about what he faces on ?don?t ask, don?t tell?: ?This legal uncertainty is not going away anytime soon.?

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Source: http://feeds.nytimes.com/click.phdo?i=167368429b5cac3a5b8121322f822faa

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