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Daily Archives: February 3, 2015
Volokh Conspiracy: Not vaccinating = failure to reasonably avoid polluting
Posted: February 3, 2015 at 6:44 pm
A lawyer friend of mine passed along this idea,
New cause of action: Tortious Non-Vaccination.
This is when a person who could be vaccinated but chooses not to (or his parents choose not to) becomes infected and then infects someone else who could not be vaccinated such as a someone with leukemia or some other immune deficiency or sensitivity to vaccinations. What victims of Tortious Non-Vaccination should do is file a complaint seeking to certify a defendant class action and bring a claim against all Tortious Non-Vaccinators [who had gotten the disease].
I think the kind of burden of proof shifting along the lines of Summers v. Tice would be appropriate. Thus, here, a member of the defendant class would have the opportunity to, say, prove that he could not have infected anyone.
[A]nd since its a negligence claim, you target the homeowners insurance policy. Anti-vaxers insurance rates will rise to internalize the cost of non-vaccination.
Summers v. Tice is a famous tort case in which plaintiff was allowed to recover from his two fellow hunters, when he was injured by one of them but it wasnt clear which one. Usually, a plaintiff has to show that theres a greater than 50% chance that the particular defendant he is suing caused his injury; but in this instance the court relaxed the requirement. (I include an edited version of Summers below.)
Im skeptical about my friends theory. Summers, I think, is a limited exception to the general tort law rule that the plaintiff must show that his injury was likely caused by the defendant. And I doubt that Summers would be extended to a situation such as communicable disease, given how unrelated and variegated the potential tortfeasors are, how many there are, and how unlikely each one is to have injured this particular plaintiff.
I agree that if you know that D has infected P, and D failed to take reasonable precautions to prevent this (e.g., getting vaccinated), this would be tortious under normal negligence principles. (This is often litigated in sexually transmitted disease cases, but historically that came out of other communicable disease cases, where the source of the infection was known; the principle dates back to the late 1800s and early 1900s.) But if a plaintiff is suing everyone who hasnt been vaccinated and has contracted the disease some of whom had more serious forms of the disease and some of whom had less serious forms, some of whom spent a lot of time during their illness around other people and some of whom spent less, and nearly of all whom are likely not to have caused plaintiffs illness, directly or indirectly I dont think the Summers theory would or should apply to defendants.
Indeed, this pretty closely tracks the way the law deals with pollution. In some situations, particular polluters can indeed be sued under general tort law principles for harm to particular plaintiffs. But in large part because of the difficulty proving causation, the tort route is often unavailable. The law has (generally) dealt with this not by relaxing the causation requirement, but by setting up a regulatory scheme requiring polluters to take various steps to diminish pollution.
And I think pollution in general is a good metaphor for non-vaccination. Factories sometimes emit chemical pollutants. Factory owners have a legal duty to take various reasonable steps to reduce the risk and magnitude of such emissions.
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Volokh Conspiracy: Not vaccinating = failure to reasonably avoid polluting
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RPG Pondering: Transhumanism and the United Federation of Planets – Video
Posted: at 6:44 pm
RPG Pondering: Transhumanism and the United Federation of Planets
"Re: School me on Transhumanist gaming It #39;s rather enlightening about the Transhumanist genre to think that the United Federation of Planets from Star Trek would be seen as the bad guys by...
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RPG Pondering: Transhumanism and the United Federation of Planets - Video
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Post Human Era – Artifact One – Dear Internet Friend – Video
Posted: at 6:43 pm
Post Human Era - Artifact One - Dear Internet Friend
uploaded in HD at http://www.TunesToTube.com.
By: Daniel Finfer
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Post Human Era - Artifact One - Dear Internet Friend - Video
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To Make Tech Design Human Again, Look to the Past
Posted: at 6:43 pm
The landscape of interaction design is a mess. But messes have a way of also bringing about opportunities, dont they?
Examples abound of inappropriate and unnecessary technology masquerading as innovation. Look at the 2015 Consumer Electronics Show from last month; it featured a bewildering array of innovation box-checking, ranging from touchscreen fridges to dashboards that take your hands off the wheel and eyes off the road. But any modern innovation manager can slap a touchscreen on a product and tell you what it adds over its analog counterpart. I believe its just as important to consider what is being lost.
Consumers have grown weary of novelty. People crave meaning in their products and humanness in their interactions. From unnecessarily curved screens, to cups that tell you what you know you just poured into them, we interaction designers are as culpable as anyone in the marketing chain in proposing solutions in search of problems. And admitting that we have a problem is just the first step: The future of interaction design will be about making it human (again).
I want interaction designers to remember where we came from in order to stay mindful of where were going. In the early 20th century, interaction design wasnt much of a career because there simply wasnt any need for it. Mechanical devices were controlled physically and directly, period. A lathe handle turned a gear that turned the lathe in the same direction. You could design the handle to fit the human hand a bit better, but otherwise you didnt have to solve any deep cognitive interaction problems such as, How will this interface be understood, and valued by the user? What role does metaphor play? What does this interaction say about our brand?
An early example of interaction design that resembles what we do today is the typewriter. You remember those, dont you? They were like a word processor and a printer all in one, but with infinite battery life.
Though strictly mechanical, typewriters do, after all, have a one-to-one relationship between buttons (aka keys) and their actions. Nonetheless, somebody thought to layout those buttons in a very specific non-linear way and in an abstract order according to letter frequency in the English languageitself an abstract concept. The layout also took into consideration tactile human factors such as physical reach of average fingers and the distance between each button. Theres a reason Q and Z are so awkward to get to and ASDF are not.
This innovation was further humanized with the introduction of a patented key curvature that subtly mirrors your finger shape. Here we have an early example of human interaction, and one whose near-perfect design has barely changed in 140 years. Even though a typewriter is quite an abstract device, weve come to see it as natural, human, primitive, and even emotive.
Human interaction is so basic and natural and yet as our tools have evolved, weve struggled with the conversation between abstract and tangiblebetween digital and analog. I cant think of a more abstract invention or one that highlights this dialog better than the personal computer. Computers of the mid-century could compute anything todays machines can, just more slowly. But, in hindsight, speed wasnt the barrier to mass adoption. The real problem was that humankind had invented the most powerful machine in the history of history and yet almost nobody knew how to use it, or really even cared.
The breakthrough moment for the digital age wasnt just the addition of monitors and keyboards, nor was it the miniaturization that semiconductors introduced, astounding though that was. As I see it, the real coming-of-age moment was an idea alone. An idea born in the 1970s and which would humanize this beast and turn it into everyones current superpower. The Graphic User Interface; the greatest idea in interaction design. Ever.
The first GUI came from Xeroxs astonishingly overlooked Palo Alto Research Center, where I would have loved to have been a fly on the wall (or beanbag chair). The history of PARC and how Bill Gates and Steve Jobs appropriated everything of value away from Xerox is by now well known (and if not, watch Triumph of the Nerds immediately). Suffice it to say that everything we now know as modern computing: the networked office, tablets, icons, menus, email (and this list goes on) was hatched then and there. But at the top of that list is the GUI and the deceptively simple introduction of the Desktop Metaphor.
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'Crumbs': Rotterdam Review
Posted: at 6:43 pm
Courtesy of International Film Festival Rotterdam
Unpredictable Filmic Oddity
Venue International Film Festival Rotterdam (Bright Future), January 29 2015
Director Miguel Llanso
Cast Daniel Tadesse, Selam Tesfaye
Short proves sweet in Spanish writer-director Miguel Llanso's bizarro mid-lengther Crumbs, an outlandish and imaginative sci-fi miniature from Ethiopia whose $225,000 budget probably matches Jupiter Ascending's prosthetic-ear bill. Making potent use of spectacularly extraterrestrial locations in the country's sun-baked far north around the ghost-town Dallol, it takes an exotic and sometimes surreal approach to what's essentially a simple, touching love-story. And while not all of Llanso's flights of fancy get very far off the ground, there's enough going on here to ensure plentiful further festival bookings in the wake of a generally well-received Rotterdam bow.
If the 68-minute running-time proves a headache for programmers, Crumbs has an obvious companion-piece in Fanta Ananas' 11-minute Chigger Ale (2013), a similarly deadpan-berserk slice of lo-fi, Amharic-language Afro-futurism. Llanso is officially only credited as producer on that film, but Crumbs may stoke suspicion that 'Fanta Ananas' is in fact a pseudonym for the Madrileno provocateur.
Both works star the diminutive, charismatic Daniel Tadesse, who's first glimpsed here running through a Martian-desertine landscape clutching an artificial Christmas-tree. Dodging the attentions of a gun-wielding weirdo in Nazi uniform, Tadesse's 'Birdy' hurries hometo an abandoned bowling-alleyand the affectionate embrace of his partner Candy (stunning newcomer Selam Tesfaye).
But Birdy must soon fly his unorthodox nest. A long-dormant spaceship, which has been floating in the sky for decades, has shown signs of reactivation; Birdy, who believes himself of extraterrestrial origin, reckons the clunky-looking UFO is his big chance to get back where he came from. Achieving this goal involves a perilous journey to a long-abandoned city, where he ultimately must negotiate with no less an eminence than Santa Claus.
Set in an unspecified epoch after a "big war" and its consequences have severely depopulated the planet, Crumbs posits a micro-civilization where the mass-produced tat of the late 20th century is revered as valuable, even holy. Working on his biggest canvas to date, Llanso peppers his script with throwaway pop-cultural gags (referencing Michael Jordan, Justin Bieber, Stephen Hawking, Michael Jackson, etc) which yield more in the way of chuckles than belly-laughs.
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'Crumbs': Rotterdam Review
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When Growing an Ear on Your Arm is Art
Posted: at 6:43 pm
TIME Ideas Innovation When Growing an Ear on Your Arm is Art Getty Images Model reconstruction of Leonardo da Vinci's design for an aerial screw.
Zocalo Public Square is a not-for-profit Ideas Exchange that blends live events and humanities journalism.
In 2007, the Australian performance artist Stelarc started growing an extra ear on his left arm through a series of operations that are still ongoing. The ear is actually made up of his own stem cells woven into a biodegradable frame. Eventually a Bluetooth device will be inserted and Stelarc will be able to hear and communicate through it.
Stelarcs work focuses on body enhancement, exploring the radical changes our bodies will undergo in the 21st century. He also created Exoskeleton, a 1,300-pound prosthetic machine with six legs driven by 18 pneumatic actuators. Stelarc climbs into the middle of this huge device and pilots it with arm gestures. It is a harbinger of how technology and humans will increasingly mergea future in which cyborgs (or robotic machines) will be operated by our brains, while the rest of our bodies will become obsolete.
In these experiments, Stelarc creates a brand new art form using science and technology in ways that are artistically pleasing, or aesthetic. Our notions of science and aesthetics are two concepts that have been undergoing redefinition for centuries.
Ive studied the connections between art and science for 30 years, a passion first sparked while I was growing up in New York City as a kid interested in science in a city with some of the greatest art museums in the world. A few years after earning a doctorate in physics, I decided to focus on a question I was constantly asking myself: What is the nature of creativity in science? In studying the original German-language papers in relativity and quantum theory by Niels Bohr, Albert Einstein, Werner Heisenberg, and others, I was struck by the importance of visual imagery and aesthetics in scientists creativity.
In the early 1500s, Leonardo da Vinci made no distinction between art and science. The imaginative submarines and helicopters he designed and drew were as much art to him as the Mona Lisa. A century later, in 1687, Isaac Newtons magisterial laws of motion led to the Age of Reason, in which the search for truth resided in science and art was relegated to mere ornamentation. It was not for another 300 years that art and science began to move closer again. The rise of industries fueled by spectacular developments in science and technologythe electrical dynamo, photography, and cinematographyplus scientific discoveries such as x-rays, radioactivity, and mathematicians explorations of multi-dimensional spaces inspired scientists and artists to new heights of abstraction.
Einstein was inspired to discover special relativity in 1905 by his desire to remove the asymmetries in nature implied by how scientists interpreted equations in the physics of that era. He found these asymmetries unbearable because he believed passionately in a pristine beauty in nature that he thought ought to be reflected in the mathematics of a scientific theory. In fact, Einstein introduced beauty simplicity in explanations, a sense of proportion in equations as a guideline in scientific research.
Developments in technology, science, and mathematics were also of central importance to artists. Pablo Picassos breakthrough 1907 painting, Les Demoiselles dAvignon, contained the seeds of Cubism. Picasso interpreted X-rays, discovered in 1895, as revealing that what you see is not necessarily what you get, a keynote of Cubism in which forms are reduced to geometry.
Picassos Cubism led to Futurism and then to Surrealism. Yet these art movements used only the ideas of science and technology, not the media like actual X-rays or actual cinematography. All this changed in the second half of the 20th century when electronics became readily available. But artists could not use this material without help from scientists, which led to collaboration. The first major collaboration took place in 1966 when the scientist Billy Klver brought together 30 colleagues from Bell Labs and 10 artists from the East Village, among them Robert Rauschenberg and John Cage. This combustible mixture exploded in a series of performances called 9 Evenings: Theater and Engineering. Rauschenbergs performance started with a tennis match in which the lights automatically dimmed when each player hit the ball, while Cage filled the auditorium with a cacophony of sounds collected from various sources such as hotel kitchens and police and marine radio bands piped in from around the city through telephone lines.
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When Growing an Ear on Your Arm is Art
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Futurist’s OCE Contest ! (read desc.) – Video
Posted: at 6:43 pm
Futurist #39;s OCE Contest ! (read desc.)
I made it caus I was little bit bored 🙂 Futurist : https://www.youtube.com/user/FuturistGTA.
By: PolishStuntman
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A third industrial revolution for Norway
Posted: at 6:43 pm
Norway's wealth and prosperity over the last four decades has been built on oil, but Jeremy Rifkin, a futurist and social and economic thinker, says it's time for the country to change. The Third Industrial Revolution is coming, and Norway needs to abandon fossil fuels and move towards a greener future that relies on renewable energy, shared transport and ultra-efficient housing.
Jeremy Rifkin, adviser to the European Union and German Chancellor Angela Merkel, has five words of advice for Norway about its petroleum reserves: "Leave it in the ground."
Rifkin's advice might not seem that welcome in a country that is celebrating fifty years of an industry that has contributed NOK 11,000 billion to Norway's GDP, according to the Norwegian Petroleum Directorate.
But on Tuesday, 3 February Rifkin is the keynote speaker at the 6th annual Lerchendal Conference, where politicians and top-level policymakers from Norway's industries, government, labour unions and academia meet to learn about and craft potential directions for the country's future growth.
The theme for this year's conference is "Change Agents for Green Growth." The conference is organized by NTNU and SINTEF along with the Research Council of Norway and Tekna, the Norwegian Society of Graduate Technical and Scientific Professionals. Other participants in this year's two-day conference include Jonas Gahr Stre, leader of Norway's Labour Party, Anita Krohn Traaseth, CEO of Innovation Norway, Karl Johnny Hersvik, CEO of Det norske oljeselskap ASA, and Gunnar Bovim, NTNU's rector.
Rifkin says the Internet is allowing societies across the globe to make a transition to a new industrial revolution that will bring changes to our lives that will be as profound as those that resulted from the steam engine, the telephone and the computer. This new revolution, powered by the ability of the Internet to allow us to communicate, share and monitor things, will result in what he calls the "zero marginal cost society," where the cost to create consumables such as energy and information -- the marginal cost -- is nearly free after the initial capital investment is made in equipment such as computers, smart phones and solar cells.
The old way of doing business, with big centralized power companies and industries that are totally reliant on fossil fuels, is over, he says. His suggestion for countries like Norway, which are tightly tied to oil, is simple: "Develop an exit strategy."
The Internet of Things
An important part of this coming revolution is what futurists, including Rifkin, call "the Internet of Things." The backbone of the Internet of Things are monitors and devices -- roughly 11 billion now, growing to an estimated 50 billion in the next five years -- that feed information to the Internet, allowing us to monitor everything from the temperatures of our refrigerators to the output of solar panels on our homes, and to run them in the most optimal way possible.
Companies that want to make the transition to this Third Industrial Revolution will need to find a way to make money to help people manage and optimize their use of this information, because once an initial investment is made in a product, the information or energy it produces will be nearly free, and the Internet will enable us to share in an optimal way. It's happening now, he says, and is disrupting existing businesses -- think Airbnb, or car-sharing services found in the USA, like Uber.
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A third industrial revolution for Norway
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