"Scofflaw Bloggers:" The Dozier Taxonomy of Wicked Netizens

Dozier Internet Law is a “cyber law firm”that specializes in litigation related to the internet. For background, see the Cuppy’s Coffee and DirectBuy case studies. However, as “cyber lawyers” the guys at Dozier clearly pay a lot of attention to the internet, as well.

While John Dozier has a blog, he rarely updates it. Instead, he appears to use his company’s website to pen “news” entries. John’s last message allowed us to link to it. The current one, titled “Scofflaw Bloggers,” does not have such a “yes you may link to this page” notice. Therefore, links throughout this post to not go to any of John’s websites, out of respect for him, but rather other sources of information about the company.

“Scofflaw Bloggers” provides a taxonomy of “persona[e] and motivation[s]” that have “arisen and infiltrated the mainstream blogosphere” since CDA SS 230. The post appears to be in reaction to criticism of Dozier from internet news sources (Ars Technica, Boing Boing, Patry, Esq, Public Citizen, Slashdot, Turkewitz, Esq, etc.). The ten types, a brief quote from Dozier’s descriptions, the qualities described, and a commentary as to whether they fit me are included below.

Are you a scofflaw blogger? Take the test by googling Dozier Scofflaw Bloggers and find out …

  • Name: Mis-Leader

    Description: “This blogger has a hidden agenda, but he just makes it sound like he is a totally objective commentator.”


    • Protects his advertisers
    • Has conflict of interest
    • Appears authoritative

    Does it fit tdaxp?: I’d like to think this blog appears to be respectable, but I have no advertisers and have only received a couple of books and a couple interesting rl conversations out of it.

  • Name: Criminal

    Description: “Career criminals, no less”


    • $0.5M/year pay-offs
    • Guard dogs surround compound
    • Highly effective operational plan

    Does it fit tdaxp?: I eat Ramen way too often to earn six figures, or to have a compound,

  • Name: Bankrupt

    Description: “This is usually not a smart guy”


    • No money
    • No assets
    • No prospects for work

    Does it fit tdaxp?: I have to say, the very qualities which make me not a “criminal” appear to make me “bankrupt.” (I hope I am a smart guy, however.)

  • Name: Sadist

    Description: “most likely to be the one that starts recommending direct physical violence against the exeutives of a company”


    • Escalates attacks rapidly
    • Uses his real name
    • Enjoys inflicting pain

    Does it fit tdaxp?: Well, I am in my fifth year of graduate school, but that would make me a masochist, not a sadist. I blog pseudo-anonymously and haven’t recommended direct physical violence yet, however, so this doesn’t quite conform

  • Name: Rookie

    Description: “just kids having fun as the hormones kick in”


    • Mimic adult conversation
    • Spell “ROI” as “RIO”
    • Can be utterly immature

    Does it fit tdaxp?: I like to use big words and misspell short ones, but I’m rarely charged with immaturity. No only 2 for 3 (hopefully!)

  • Name: Nerd

    Description: “scared to talk with a girl”


    • no principles involved
    • posts are intelligent and have face validity
    • cowers once identified

    Does it fit tdaxp?: Hmmm… certainly this blog looks smart, but tends to a coherent aesthetic-politico-religious framework (the old tagline of tdaxp was “Beauty, Victory, God”). I guess the test will be if tdaxp folds up shop once someone calls me a nerd. (I’ve kept going through death threats, but those are adreneline-boosting, I guess.)

  • Name: Alien

    Description: “from overseas”


    • Non US- resident
    • Works with criminals
    • Sometimes nabbed by the FBI in Turkey

    Does it fit tdaxp?: I’m an American, don’t know anyone with guard dogs surrounding his compound, have no plans of visiting Turkey, and no plans of evading the FBI there.

  • Name: Druggie

    Description: “during the day this blogger is a normal guy”


    • Suffers from amnesia
    • Substance abuser
    • “Hooks up” on the net

    Does it fit tdaxp?: I don’t rember forgetting (but then how would I??), drink modesty (but isn’t that how it starts??) and already hooked up with my knife (but what I convert to a polygamic faith??)

  • Name: Pickpocket

    Description: “enjoys attacking defenseless people”


    • Steals copyrighted material
    • Extracts revenues from ads
    • Uses meta tags

    Does it fit tdaxp?: “Pickpocket” appears to be a combination of “Criminal” and Sadist,” making both necessary conditions for pickpockethood.

  • Name:Wacko

    Description: “Most sophisticated business people immediately view the post as a ‘nut case'”


    • Begins with fair criticism
    • Invests time into he criticism
    • Multiple web properties

    Does it fit tdaxp?: Well.. maybe

    I have multiple web properties. Besides tdaxp, my South Dakota focused news aggregator is covering the story, and using blospirit’s point-and-click interface I began Dozier Internet Lawsuits to try to keep tabs on the company. (I only have two posts, because I would like any record to be even-handed, and I’ve been able to identify only one Dozier victory and many defeats.) Additionally, I use del.icio.us social bookmarks, so there’s that, too.

    I have spent time on this. Part of the reason is that I dislike censorship, and another (less noble) is that I have empty time I want to fill. (Now, for example, I am riding with my wife on I-80 through scenic if empty western Illinois.)

    My criticism has been fair. Again, check out my description of the DirectBuy case, and the earlier Franchise Time article on Cuppy’s Coffee. While I have more pointed possibilities as well, such as questioning the motive Dozier attorney Donald Morris or Dozier’s history of disrespecting online privacy, I immediately received positive feedback on both topics.

I think John Dozier called me a Wacko.

Can anyone at Dozier confirm that?

OODA Alpha, Part XII: Creativity

Science advances. While a literature on creativity exists in the OODA program of research (Boyd, 1976b), it draws on the conception of creativity as a fundamentally different form of thinking (Osinga, 2007). Modern research is converging on the realization that whatever creativity is, it is not the result of processes that are different than other forms of thinking (Kalyuga, Chandler, & Sweller, 1998; Kalyuga, et al., 2003; Kalyuga & Sweller, 2005; van Merrienboer & Sweller, 2005; Weisberg 1986, 1993, 2006;). Therefore, the antiquated sources of the original OODA paradigm (Osinga, 2007, 79) are set aside and modern research on creativity is examined in light of the observation-orientation-decision-action learning cycle.

Creativity is an understudied field within educational psychology (Plucker, Beghetto, & Dow, 2004). Creativity is defined as production that is “novel and interesting and valuable” (Simon, 2001) and is essentially an unstructured social process between individuals and already acknowledged experts in a field (Csikszentmihalyi, 1996). That is, creativity is not seen merely as divergent thinking , which may well be part of a special potential for creativity, (Torrance, 1968; 1993; Plucker, 1999) or only useful for studying the past (Simonton, 1984) which is certainly part of creativity, but rather the production of the novel, the interesting, the valuable whenever and wherever it occurs as long as it is recognized by an appropriate audience.

Creativity is also studied under the term expertise (Feldon, 2007a). When researchers speak of expertise as something that is either present or not, conclusions are made such as that it requires ten years of purposeful practice (Ericcson, Krampe, & Tesch-Romer, 1993). Another way of viewing expertise, as something that can exist in greater or lesser quantity, involves a recognition that more creative or expert people work more effortless (Kalyuga & Sweller, 2005) and efficiently (Ericsson & Lehmann, 1996) in a task.

Expertise is largely a matter of superior memorization (Anderson, 1980). Studies of chess grand masters revealed that chess grand masters had better memory for valid chess moves than novices (De Groot, 1965) but similar memory for nonsensical chess positions (Chase & Simon, 1973) it supports the contention that differences in long term memory alone may be the cause of exceptional skill (Sweller, 2004a). van Merrienboer & Sweller (2005) describe this view succinctly when they write that “expertise comes from knowledge stored in [long term memory] schemata, not from an ability to engage in reasoning with many elements that have not been organized in long-term memory. Human working memory simply is not able to process many elements (149-150).

While the contention that learners should develop mostly on their own (Bruner, 1961) has been criticized in recent years (Kirschner, Sweller, & Clark, 2006), young adults building expertise in the real world have no choice but to engage in this constructivist behavior. Therefore, creative and expertise individuals must be able to compensate for their poor self-constructed learning environment to be able to build up the schemata necessary for high-level performance.

An OODA perspective on creativity would encourage educators to reorient learners so that they develop mastery, acquire expertise and produce creative products, over a long period time on their own. In other words, motivational orientation is the key outcome Educators who wish their students to become creative and expert later in life should internalize the proper attitudes in them in a way that minimizes the role of decided-upon ends.

OODA Alpha, a tdaxp series
1. Abstract
2. Dual Processing Systems
3. The OODA Loop
4. Decision
5. Orientation
6. A Theory of Mind
7. Reorientation
8. Disorientation
9. Education
10. Instruction
11. Student Interaction
12. Creativity
13. Conclusion
14. Bibliography