"An era can be said to end when its basic illusions are exhausted." - Arthur Miller

Tuesday, June 05, 2007

First Admendment: 1, FCC: 0

The FCC of late has been on a rampage inconsistantly appling its definition of "indencey" against the broadcast networks for the last couple years, often with big expensive fines. Or as the 4th Appeal Court judges put it, they apply their rules in "arbitrary and capricious" ways.

As a result of this the networks finally had enough and decided to fight back. Before, its was simply cheaper to pay the fine and move on but when it got capped to something like $225,000 per instance, per station, well your talking millions. What made it worse is often the "complaints" the FCC was investigating in basing its decisions where often online form letters from Focus in the Family and other organizations. Not even real consumer complaints but people who have nothing else to do but look for "unchristen" type behavior on network television.

The networks had many arguements for fighting back, the least of which was the 1st admendment. The FCC's arguements, well they came down to "hey can't use sex words on TV!" even if the context of the words had nothing to do with sex. Well the FCC lost. In effect, the FCC has been stripped of its ability to tell the networks what they can and cannot air as any attempt to fine them can just point back to this ruling. The FCC is probably going to fight this to the Supreme Court as most of their responsibilities nowadays seems to just be policing the networks. Its possible that the right leaning Supreme Court could back the FCC but even the Fox Network is against them so no telling how it will go. Either way, right now its score one for the 1st admendment. Now if only something could be done about the RIAA and MPAA.

For an excellent breakdown of the ruling by Jeff Jarvis, click here.

Sunday, June 03, 2007

Apple iPhone Coming June 29th

If willing to stand in line at the crack of dawn and sign a two year contract with Cingular and pay who knows how much for a monthly plan (but I think they going to start in the $70 range), then you can have the Apple iPhone on June 29th. The first ad making this date official has hit the web.

Friday, June 01, 2007

NYT: How Class Works

The New York Times has produces this week interactive graphic that covers a person's class based on job, education, income and overall wealth. Its worth checking out.

Thursday, May 24, 2007

5/23 Olbermann Special Comment

Olbermann rips Bush, Republican's and Dems for the recent Iraqi bill that will provide funding to continue the war that the American people have made clear they no longer want any part of. The tab is now at estimated to be $456 BILLION by end of the summer. What wonderful things could that money have done for the United States if not the world?

Sunday, May 20, 2007

Starcraft II Is Coming

Blizzard has announced in Korea at the World Wide Invitational that their next big game will be StarCraft II. Blizzard president Mike Morhaime says, "With StarCraft II, we'll be able to do everything we wanted to do with the original StarCraft and more ... We recognize that expectations are high following the long-running popularity of the original game, but we plan to meet those expectations and deliver an engaging, action-packed, competitive experience that StarCraft players and strategy gamers worldwide will enjoy." Meanwhile, IGN's man in Korea, Charles Onyett says, "SC2 looks, at least visually, strikingly similar to SC1 - both in unit and map designs."

Considering the first Starcraft came out nearly 15 years ago its about time. Based on the videos below not only does the game look like its been in development for a while but looks like will be alot of fun as employs lot of the elements and characters from the first game. There is always fear that in doing sequels studios want to re-invent the wheel and do a complete and sometimes unncessary redesign. Its doesn't look like the case here. Sadly no estimated release date was announced som it could come out anytime between now and never.
"Debut" Trailer


"Direct Feed" Gameplay Video #1


"Direct Feed" Gameplay Video #2

Friday, May 18, 2007

CW 2007 Fall Schedule

The CW is the final channel presenting its up fronts for 2007. Sadly the joining of the WB and UPN didn't go well with having almost no difference on ratings and in some cases hurting ratings. As a result several shows are going the way of the Dido including Gilmore Girls, Veronica Mars (damn), 7th Heaven and "Reba". Renewals include Beauty and the Geek, Supernatural, and One Tree Hill (why?). Veronica Mars is rumored to come back as an FBI agent but I doubt that will happen. CW is hurting for solid programming now that its only flagship programs are America's Next Top Model and Smallville. Much like NBC, low ratings means tighter budgets, so not as many new shows in the pipeline.

Aliens in America is about the cultural clash during an high school exchange student program when a family takes on a Pakistani Muslim. Pass.

Gossip Girl is a drama about the effect a mysterious writer of a blog with same title of the show has on a privileged prep school. Its was created by OC creator Josh Schwartz who has proven to run hot for about a year before running out of ideas and starts the recycling. Considering this sounds a lot like the OC I am expecting many fist fights and trading of girlfriends.

Life is Wild is about a family that moves to South Africa and experiences the wild. Its kind of a life action Wild Thornberries without the talking animals. Pass.

Reaper is about a slacker who learns at 21 that his parents sold his soul to the devil. As a result he now must serve the devil by hunting down evil souls and returning them to hell. Basically Supernatural without all the angst. Will at least give the pilot a go.

CW Fall Schedule:
MONDAY
8pm: "Everybody Hates Chris"
8:30pm: "Aliens in America"
9pm: "Girlfriends"
9:30pm: "The Game"

TUESDAY
8pm: "Beauty and the Geek"
9pm: "Reaper"

WEDNESDAY
8pm: "America's Next Top Model"
9pm: "Gossip Girl"

THURSDAY
8pm: "Smallville"
9pm: "Supernatural"

FRIDAY
8pm: "WWE Friday Night Smackdown"

SUNDAY
7pm: "Online Nation"
7pm: "CW Now"
8pm: "Life is Wild"
9pm: "America's Next Top Model" (encore)

As a whole, this upcoming season just doesn't have any standout programs on the surface. That opinion will hopefully change once sample the new programming but currently I am "bleh" about the schedule.

Fox 2007 Fall Schedule

Yesterday was Fox's turn to announce its TV schedule. Now that NBC is in freefall, Fox is actually standing pretty strong in 3rd place in large part due to House and American Idol. None of Fox's 2006 new shows survived so the new season is once gain about filling in gaps from aging or gone shows. Cancellations include Justice, Drive (darn it), and The War at Home". Renewals include all the cartoons, Madtv, Prison Break, Bones and 5th Grader. On to the new shows.

Back to You is a new comedy with Kelsey Grammer and Patricia Heaton as a new team rejoined after an Internet fall from grace for the Kelsey character. The comedy is from the comings and goings from the various on-air talent for the Pittsburgh show. Sounds like could be an amusing comedy and with the talent involved it is probably at least worth checking out.

Canterbury's Law is drama covers the antics of a law firm as Canterbury attempts to move on from the death of her child. Basically typical law series with angst. To many of those already thanks.

K-Ville covers a precinct's attempt to manage to criminal element in New Orleans two years after Katrina. Laws get bent, people have secrets and crimes to be stopped. Typical cop drama with a little mix of the Shield tossed in. Currently not interested.

New Amsterdam is about a detective who is also an immortal. Using his 300 years of experience, he helps solve murders in New York, all the while trying to find his true love to break the curse of never being able to die. Interesting concept, execution will be key and as a bonus it has Zuleikha Robinson (The Lone Gunmen) in it so I am going to check it out.

The Return of Jezebel James stars Parker Posey in a series about a girl that despite having everything, can't have a child so asks her sister to move in and be a surrogate. The series was created by Amy Sherman-Palladino who created Gilmore Girls. On the fence with this one. Gilmore Girls was good for about three seasons but its basic idea didn't really stretch out for the long haul and this one has only one direction, the trials and tribulations of raising a baby. Something I am not interested in seeing. Wait and see I guess.

The Rules for Starting Over covers the trials of being single for 4 people in their 30s. Sounds like Friends to me. Pass.

The Sarah Connor Chronicles covers period between Terminator 2 and 3 when the Connor's where on the run and also decided to go on the offensive against a technological threat. John, of course, doesn't like nor believe in his destiny and fights it every step of the way. Assuming the story is in continuity then having seen the movie gives you the gist of how things work out. The journey in between might be good if executed well. I don't have high hopes though.

Kitchen Nightmares is a reality show with Gordon Ramsay as he helps a restaurant in crisis. Whatever, pass.

Nashville is another reality shows covering a cast that wants to make it in the country music scene. Yawn.

The Search for the Next Great American Band is American Idol only with bands. Needs a new title thought. This one doesn't roll off the tongue quite like Idol does.

Fox, broken in pre and post baseball, schedules:
AUGUST TO DECEMBER 2006:

MONDAY
8pm: "Prison Break"
9pm: "K-Ville"

TUESDAY
8pm: "New Amsterdam"
9pm: "House"

WEDNESDAY
8pm: "Back to You"
8:30pm: "'Til Death"
9pm: "Bones"

THURSDAY
8pm: "Are You Smarter Than a Fifth Grader?"
9pm: "Kitchen Nightmares"

FRIDAY
8pm: "The Search For The Next Great American Band"
9pm: "Nashville"

SATURDAY
8pm: "Cops"
9pm: "America's Most Wanted: America Strikes Back"

SUNDAY
7pm: "The OT" (NFL Post-Game)
8pm: "The Simpsons"
8:30pm: "King of the Hill"
9pm: "Family Guy"
9:30pm: "American Dad"


JANUARY TO MAY 2007:

MONDAY
8pm: "K-Ville"(Jan)/"Prison Break"(Mar)
9pm: "24"

TUESDAY
8pm: "American Idol"
9pm: "House"

WEDNESDAY
8pm: "Back to You"
8:30pm: "'Til Death"(Jan)/"The Return of Jezebel James"(Mar)
9pm: "American Idol"(Jan)/"American Idol Results Show"(Mar)
9:30pm: "American Idol"(Jan)/"'Til Death"(Mar)

THURSDAY
8pm: "Are You Smarter Than a Fifth Grader?"
9pm: "Canterbury's Law"

FRIDAY
8pm: "Bones"
9pm: "New Amsterdam"

SATURDAY
8pm: "Cops"
9pm: "America's Most Wanted: America Strikes Back"

SUNDAY
7pm: "King of the Hill"
7:30pm: "American Dad"
8pm: "The Simpsons"
8:30pm: "Family Guy"
9pm: "The Sarah Connor Chronicles"

Wednesday, May 16, 2007

CBS 2007 Fall Schedule TV

CBS announced its fall TV schedule today. Lots of renewals including the CSI's, Numbers, Unit and so forth. Cancellations include Jericho, Close to Home and Waterfront. Really though CBS has a rock solid schedule so really not many changes needed. Shame about Jericho though. I think they suffered from Lost fatigue. People just are not willing to put up with shows that dole out the revelations in a slow ponderous fashion. If you can't go at a "Heroes" post of providing answers while creating more questions, the audience isn't going to stick around. Lost simply killed people's patience for the 1 gas tank of story for a series mentality that Lost suffers from. If the tank can't be refilled, suggests a fundamental problem with the series. Anyway so not to many cancellations, lots of renewals, and 6 new shows, about the same as the hurting NBC who doesn't have the budget to turn things around.

The Big Bang Theory is about a bunch of nerds that are socially inept meeting the girl of their dreams via a new neighbor. Friendships are forged, romance triangles created and awkwardness is sure to abound. Pass.

Cane is a "Latino Drama", quite distinct from just a "drama" cause it has latinos in the cast including Jimmy Smits. Its about the problems of a cuban-american family running a sugar business in Florida. Smits and Hector Elizondo can make reading the phone book intriguing so its all on the writing and supporting cast to make it worth tuning into on a regular basis.

Kid Nation is a reality show that gives kids 8-15 40 days to building a "society" in a 19th Century ghost town. Basically they must care for themselves, supply the necessities and run businesses and town government. Basic idea is if ask kids to take adult responsibilities without adult supervision, what will win out, the desire to do right or play. Could be interesting depending on execution and casting. To many obnoxious kids could screw things up.

Moonlight is Blade without the weapons. Vampire does good for the living with help of various friends. Basically regular murder mysteries series with supernatural twist. Probably check it out.

Swingtown is set in the 70s and covers the sexual revolution of suburbia. Its basically Desperate Housewives set in the 70s with not as many uptight people. Has Molly Parker in it, so will at least catch the pilot.

Viva Laughlin is mystery musical drama. I stopped reading after that as can't stand musicals.

CBS Schedule:
MONDAY
8pm: "How I Met Your Mother"
8:30pm: "The Big Bang Theory"
9pm: "Two and a Half Men"
9:30pm: "Rules of Engagement"
10pm: "C.S.I.: Miami"

TUESDAY
8pm: "N.C.I.S."
9pm: "The Unit"
10pm: "Cane"

WEDNESDAY
8pm: "Kid Nation"
9pm: "Criminal Minds"
10pm: "C.S.I.: NY"

THURSDAY
8pm: "Survivor"
9pm: "C.S.I.: Crime Scene Investigation"
10pm: "Without a Trace"

FRIDAY
8pm: "Ghost Whisperer"
9pm: "Moonlight"
10pm: "Numb3rs"

SATURDAY
8pm: "Crime Time Saturday"
10pm: "48 Hours: Mystery"

SUNDAY
7pm: "60 Minutes"
8pm: "Viva Laughlin"
9pm: "Cold Case"
10pm: "Shark"

Tuesday, May 15, 2007

ABC 2007 Fall Schedule

ABC has announced its '07 fall schedule today. Since ABC is number 1 nearly across the board, the schedule is more designed as a repair here and there then major overhaul. Lots of renewals including bubble shows such as Men in Trees, Notes from the Underbelly, and October Road. Major cancellations include According to Jim, George Lopez Show, and What About Brian. Several new shows, mostly dramas.

Big Shots is about 4 male CEO's and their various sexual conquests and problems. Basically Lipstick Jungle with men. It has Christopher Titus whose Fox show I was a fan of so I will at least sample it.

Carpoolers is a drama about the life and family problems of 4 guys who carpool together. Each represents a different aspect of the suburban lifestyle and sure much chaos will ensue for mostly silly moments.

Cashmere Mafia is another Sex and the City clone (what is up with all the clones this year?). Basically Lipstick Jungle or Big Shots with 4 women. Rich powerful women and the problems they have. Has the always hot Mirando Otto in the cast so I will sample it too.

Cavemen is based on the Geico commercials, only without the same actor, humor or situation. Its the usually case of taking an idea that works...and completely redoing it. Basically it will suck and be cancelled in a few weeks.

Dirty Sexy Money following the Darlings family and their various squabbles, ambitions and problems, one of whom is a presidential candidate. The family is royally screwed up but thankfully one of them is a do-gooder who tries to cover up and protect the family. Hilarity and many soliloquies for Donald Sutherland ensue. It has Zoe McLellan and Samaire Armstrong in the cast. Fan of those two hotties so will at least watch the pilot.

Next up is Eli Stone an attorney who discovers his conscience and starts working pro-bono cases all while apparently becoming more spiritual. Basically change for lots and lots of speeches and long winded heartfelt closing statements. Yawn. Been there, done that, tired of it.

Miss/Guided is a comedy about Becky and Lisa, rivals in high school and now rivals working on the faculty of the school. Hilarity ensues as the rivals learn to like each, try to find love and go after the same guy. Its has Becky Greer, an actress I like, but also has Brooke Burns, a hot women of minimal talent. Pass.

Oprah's Big Give is 8 episode "competition" where people can give stuff to change people's live. Grab a hanky, dab the tears. Pass.

Private Practice is that Grey's Anatomy spin-off where Addison goes to find lots of sex at a friends practice. Babies get saved, everyone whines and cries. And lots of sex and flirting. The pilot ep was boring so not so sure about this show.

Pushing Daisies is about a creepy ability to return people from the dead temporarily so can help a PI solve murder cases. The twist is he saves the women he loves and she stays alive, only he can't touch her again or dies. Sounds interesting, but the can't touch idea is going to get thin after a few episodes. Chi McBride is in it and I am a fan of the actor so will at least sample.

Sam I Am is about comedy about a women suffering amnesia about her entire life after a hit and run. She learns she was a vicious person and tries not to repeat past (or new to her) mistakes. Eh maybe.

Women's Murder Club is based on the book series from the James Patterson. Having read the series, which is very light quick read, its actually perfect for TV. Its about a cop, reporter, DA and medical examiner getting together to solve murders bypassing the red tape of their jobs. Oh yeah all female so sure lots of angst and relationship stuff will pop up. If the stories are strong and the cast interacts well, it could be a success. I will at least watch to find out. The key will be to avoid the clunky "voice" that the characters have in the books.

The ABC schedule:
MONDAY
8pm: "Dancing with the Stars"
9pm: "Sam I Am"
10pm: "The Bachelor"

TUESDAY
8pm: "Cavemen"
8:30pm: "Carpoolers"
9pm: "Dancing with the Stars Results"
10pm: "Boston Legal"

WEDNESDAY
8pm: "Pushing Daisies"
9pm: "Private Practice"
10pm: "Dirty Sexy Money"

THURSDAY
8pm: "Ugly Betty"
9pm: "Grey's Anatomy"
10pm: "Big Shots"

FRIDAY
8pm: "Men in Trees"
9pm: "Women's Murder Club"
10pm: "20/20"

SATURDAY
8pm: "Saturday Night College Football"

SUNDAY
7pm: "America's Funniest Home Videos"
8pm: "Extreme Makeover: Home Edition"
9pm: "Desperate Housewives "
10pm: "Brothers and Sisters"

Wierd Al - I'll Sue Ya Video

As a bit of commentary on the Sue culture currently live in where people can't get money for common sense things or just out rights acts of stupdity.

Monday, May 14, 2007

NBC 2007 Fall Schedule

NBC announced there 2007 fall TV schedule today. The currently airing casualties include Crossing Jordan which is now not going to get a proper send-off. Something that NBC doesn't seem to like to do unless the show is at least 7 years old. Studio 60 also failed to renew to the suprise of no one. Sucks to cause the show had a lot of potential, just needed time.

Renewals include a reduced schedule of Scrubs for its probable final season with only 18 eps. This is made up by 30 episodes of The Office for the season, five of which will be hour long. All three Law and Orders have been renewed but for some reason, probably budget related, Criminial Intent will air on the USA Network first, with NBC airing the episodes later. I am thinking the move is to shift some money expense to USA's budget while allowing NBC to use the show to fill schedule gaps when some of their new shows fail. As for those new shows, well I am thinking the NBC shall remain in 4th place. None of them seem particularily very good.

The Bionic Women, based off the 70s series and trying to ride the Heroes format, might actually be a good program. However, historically NBC has a short fuse for sci-fi related programs. I expect this one to get shoveled off to the Sci-Fi network at some point.

Chuck is a sci-fi/comedy where a guy gets the world's spy secrets downloaded to his brain. Hilarity ensues. I expect it to last 3 episodes before cancelled.

The I.T. Crowd is another where a women takes two nerds, removes their glasses, fixes their hairs and clothes and suddenly they are boff handsome guys that women want. I am sure a love triangle will be involved with the main characters to at some point. I am yawning just thinking about it.

Journeyman is basically Quantum Leap with a personal touch. Guy has a great life, suddenly in the past with the knowledge to fix people's lives, including his own if he so chooses. Drama and angst over what should or should not do ensues. Its not clear if he bounces back and forth in time to see the consequences of his changes, which might make for a more interesting show.

Life is about a cop that is out of jail after proved innocent and the effort to pick up the pieces of both his life and police career. In real life, innocent or not, his life would be screwed and his career over. In TV land, there is room for recovery once have sufficient drama and stares. I expect the required IA and partner who still believes he is guilty, the angry wife/gf, and the understanding but reluctant boss. Anyway, expecting it to be predictable and tiresome.

Lipstick Jungle is the last of the new Fall shows, based upon a Candace Bushnell book. Basically Sex and the City only the girls are more powerful and rich.

The schedule:
MONDAY
8pm: "Deal or No Deal"
9pm: "Heroes"
10pm: "Journeyman"

TUESDAY
8pm: "The Biggest Loser"
9pm: "Chuck"
10pm: "Law and Order: Special Victims Unit"

WEDNESDAY
8pm: "Deal or No Deal"
9pm: "Bionic Woman"
10pm: "Life"

THURSDAY
8pm: "My Name Is Earl"
8:30pm: "30 Rock"
9pm: "The Office"
9:30pm: "Scrubs"
10pm: "E.R."

FRIDAY
8pm: "1 vs. 100"
8:30pm: "The Singing Bee"
9pm: "Las Vegas"
10pm: "Friday Night Lights"

SATURDAY
8pm: "Dateline Saturday"
9pm: "Drama Series Encores"

SUNDAY
7pm: "Football Night In America" (Fall)
8pm: "Sunday Night Football" (Fall)
7pm: "Dateline NBC" (Spring)
8pm: "Law and Order" (Spring)
9pm: "Medium" (Spring)
10pm: "Lipstick Jungle" (Spring)
(source)

Friday, May 11, 2007

Daily Show: Definition of Iraqi "Success"

What is the definition of success or victory in Iraq? As the Daily Show illustrates with the President's own words, well its a murky confusion definition.

Video here.

"Alan Shore" on Gitmo

Crooks and Liars website has a video of a great diatribe from the character Alan Shore on Boston Legal that does a concise job of explaining alot of the problems with that issue. Worth watching.

Click here to get to site with the video.

Monday, May 07, 2007

Computer Repair Fraud

The consumerist has a discovered an article from Daily Cup of Tech that highlights the new con artists of the moment - computer repair techs. Much like car mechanics, comp techs are starting to overcharge for labor, parts and "fix" things that don't need fixing.

From the site:
KCAL did an undercover camera investigation to which computer repair places were incompetent/scammers. They took perfectly working computers and just disconnected the cable from the hard drive to the motherboard, then took the computers to different repair shops to see what they said.
The results were varied and shocking:

Best Buy: Said needed a new power supply
Circuit City: $59.99 "The jumper was set wrong"
COMPUsa: Charged $119.99, their minimum charge, but correctly diagnosed and fixed the problem
Fry's: $69.99, fixed all good
Torrence Computer Repair (local): Fixed, at no charge b/c it was so easy
BM (local)I: $275 due to "power short," as the "main board" and "hard drive" were "bad"

The lesson sadly is that "name brand" repairers don't ensure you will not get ripped off anymore then using a mom and pop operation. At the end of the day you can only trust your gut and the word of mouth of others. Or just have a tech head as a friend and reward him every now and then with a free dinner.

Tuesday, May 01, 2007

Bill Moyers Jon Stewart Interviews

As always Jon Stewart makes for an entertaining interview subject as these two videos from PBS site shows. Each is with Bill Moyers but from different years. Worth watching for any Stewart fan.

2007 Interview
2003 Interview

Friday, April 27, 2007

Daily Show and the Virginia Tech Massacre

The Daily Show took the press to task for its ineffective efforts to lay blame anywhere it could point by point by point. It was very effective and very well done. Really in their short segment they covered all the problems I have been having with what has been going on since the massacre. For me, there is only one person to blame, the killer.

The video of the segment can be found here.

Thursday, April 26, 2007

Keith Olbermann Special Comment on Guiliani

Rudy Giulani, the "hero" of 9/11, has decided to fall back on the tactic of voting for Democrats = helping the terrorists. Actually he took it a step further and basically said people would die if they voted democrat. Something that Keith Olbermann didn't appreciate. Something I don't like and any American shouldn't like. Even if it was coming for a democrat about republicans, it wouldn't be acceptable and it shouldn't be here. So here is the leading republican candidate for President, Rudy Giuliani, Fearmonger. Heck of a title as leader of the free world.

Wednesday, April 25, 2007

4/23 Daily Show

The Daily Show had a doosy of a show Tuesday night with an excellent ripping of "Now" Bush vs "Old" Bush where the words and beliefs of Bush went head to head often contradicting each other. Its shows how Bush pretty much feels the only good decisions are his.

Click here to get the video.

The other excellent segment was the interview with now official Presidential candidate John McCain. Someone that Jon Stewart use to support (like me) but now finds fightening. A little to much of a Bushie for my tastes when feel the country needs new ideas and direction, not more of the same. The interview, especially for Stewart, got quite contentious and worth a viewing.

Video here.

DOW Hits 13000

For reasons I can't fathom, the Dow Jones hit a new record based on good news from various corporations. I am no economist, but I don't really understand the reason for the high value. The real estate market is suffering a hit for the first time in decades, the dollar is losing value worldwide, rather then 1:1 or greater ratio it used to enjoy. Customers are spending but not quite as crazy as use to. I don't know, it just seems there really isn't a solid foundation for the current boom that is occurring and thinking some correction is on the horizon. Hopefully the correction will be small.

RIAA Slapped Around By Judge

The RIAA's war against the consumer of its music suffered a setback as the judge rejected the RIAA's motions, rumors and propaganda that it one a case in which it was ordered to pay the defendants legal fees. Apparently in an effort to avoid payment, they tried to fudge the truth hoping the judge wouldn't look any deeper. However he did:
The plaintiffs stress that they "they are not aware of a single reported decision where a Court has found none of the Fogerty factors but still awarded fees ... ." See Plaintiffs' Reply in Further Support of Their Motion for Reconsideration of this Court's Feb. 6,2007 Order at p. 3, (emphasis in original). The Court has made no effort to canvass all such cases. Its cursory research has, however, uncovered a number of unpublished cases where courts granted record company plaintiffs, including several of the plaintiffs herein, awards of attorneys' fees without so much as a passing mention of Fogerty or its factors. See e.g, Capitol Records, Inc. v. Lyons, 2004 WL 1732324 (N.D. Tex.); Elektra Entertainment Group. Inc. v. Bryant, 2004 WL 783 123 (C.D. Cal.); UMG Recordings, Inc. v. Davito, 2005 WL 3776349 (N.D. Ind.).

Long story short, the RIAA has to cough up some money to buy some expensive legal fees. The bonus of this story is there is no legal precedent for all future defendants from the RIAA to get back money for legal fees as a result of their war. Until the RIAA learns to embrace technology, work with instead of against consumers, I say don't buy their major studio labels stuff.

Click here for better analysis of the decision.

God of War: Chains of Olympus for PSP Announced

Its been rumored, but now official, the PSP is getting God of War. If I didn't have the PSP already, I would probably buy it for this title. If your 18+, God of War I and II is a must have game for the PS2 and I am betting the PSP game will be a nice addition. However, wait until its out before buying the PSP, its library isn't worth the purchase just yet.

Tuesday, April 24, 2007

Harry Potter Order of the Phoenix Trailer

The probable final trailer for the upcoming Harry Potter 5 is now online. The film looks fantastic and I am looking forward to it.

The HD version can be found here.

After 76 Years GM Falls to Toyota

For the first time in car history, Toyota sold more cars worldwide then General Motors, marking the first time a car company other then GM ruled the "world's largest automaker" title. A title that based on recent GM history is unlikely to change.

Full article here.

I can't really say I am surprised. GM reported record losses, has a history of so-so reliability, not so good quality, choosing to fire employees while protecting executive bonuses, its clear that for GM the decisions made are with one and only one concern: "How will this effect my bonus?". Toyota has made it clear with its long term planning (Hybrids, move away from SUVs etc) and by its history that the goal is truly quality and reliability. Nail those two and the rest will sort itself out. Basically Toyota has figured out that people are willing to pay and will follow a manufacture that has good cars versus a manufacturer that has cars made to break.

I am hoping that GM can turn things around. However to do that requires long term planning with a consistent goal of quality and reliability. A goal to turn the American car reputation around one customer at a time. A goal that simply will take a while to fruition. Sadly, the American CEO/Exec mindset is the opposite of that where the prize is simply to create a large yearly bonus and nothing else.

Friday, April 20, 2007

Smallville's Chloe

Last nights ep of Smallville was so-so, but the Allison Mack (Chloe Sullivan) going all Batgirl on some guards was hot as hell. She girl is one of the undiscovered knockouts on television without those lovely expressive eyes. Lynda Carter looking good to. I hope I can age that well. Little pale for most of the ep though.

Wednesday, April 18, 2007

Virginia Tech vs Iraq

Call it crass, call it early, but considering the overall outrage from the killing of 32 (I don't count the killer himself) at Virginia Tech, why isn't there the same outrage when the same occurs in Iraq? Today, 183 non-American citizens where killed in Baghdad via 4 bombs the equivalent of 5.5x the number at VT.

As Keith Olbermann put it "It seems fair to ask the question: If the violent deaths in Virginia send a nation into shock and expressions of concern and anxiety, why isn't a continuous flow of American blood in Iraq generating a similar reaction?"

Where is the outrage? Where is the demand for answers. 3,300+ American dead, thousands upon thousands of injured Americans, but its OK. Is the distinguishing characteristics simply American soil? Civilians vs soldiers? The distinction is lost on me.

Samus vs Master Chief

Someone has posted up a new movie over at GameTrailers.com that asks the questions of Master Chief vs Samus Aran, who would win? Like any comic books, you ask the question, have them go add it, then unify against a common enemy.

Lifting from Stars Wars and the Matrix, this is a action packed sequence that ends in a way only a geek willing to go through this much trouble is willing to end it - with lesbian overtones.

(source)

Monday, April 16, 2007

Virginia Tech Shootings: Blame Game Begins

A tragic day in America. An event that for reasons that I will never understands seems to only occur in America about once every five years and no where else in the world. In what should be the safest areas of American as the goal of these locations is the simply and universal desire for knowledge. Yet it keeps occuring, each times the number of dead seems to go higher. This time its 32 dead (excluding the gunman, to count him give him a level of humanity not earned), at the Virginia Tech campus by the hands of a man who should have killed himself and saved the world his issues.

The blame game will begin soon if it hasn't already. What could the school done to help this person? His friends? His professors? Why didn't the police do enough or fast enough? Or the blame will go to politicans for gun control laws not doing enough or the budget not being available, or for not providing enough training.

The counter to the above is real simple really. How do you "stop" an event that you don't know is coming. The gunman, like many from the past, was probabaly some depressed, failed and rejected person who lashed out at random people, blaming them for his own failings. He should have killed himself and been done with it but he made the decision to plan something more eleborate, more dangerous. Probably the only good of the day is the gunman is dead. His evil though will live on.

The sad reality is the gunmen was clearly determined to cause as much pain and death as possible. All the planning, preperation, money, or good intentions cannot stop such an event. You can't plan for the unplannable. He wanted to kill, he was determined to kill and all the gun control laws would have stopped, nor would have training.

Its a tragic day in America. Once again the violence our nation, unlike any other in the world, seem to breed, as risen again. Once again we will ask "why", and "what can be done to never allow to happen again!" and look to our politicans for answers. Laws will be passed, words will be said, peace and security will return, until this occurs once again as seems to be the inevitable cycle. Until we can understand why humanity, especially Americans, feel its ok to lash out in violent anger at the world around them, we will never really be able to stop these events from occuring.

Survey Says Daily Show, Colbert Report Viewers More Knowledgeable

According a new survey released by Pew Search Center, it has found that viewers of the Daily Show and Colbert Report (along with readers of newspapers) are the most knowledgeable on national affairs. To the suprise of no one, viewers of Fox News are the least knowledgable. So there you go, if you watch those two programs, you are probably pretty darn smart and if you watch Fox News, you probably are not. My informal poll had already determined this "fact".

Full story here.

Friday, April 13, 2007

Imus: What Is the Standard Now?

Jeff Jarvis has posted an excellent commentary over the problems that the handling of the Imus situation has created. He makes alot of the same concerns (much better of course) that I have. One is what is the standard now? Why can some use racist words but not others? We want people to be human, but situations such as this seem to demonstrate that that a public mistake means a public hanging. So instead of honesty, you will guarded responses lest the Al Sharpton/Jesse Jackson destruction machine for money turns to them.

Which brings up another concern, are those two really the ones we want as the "self-appointed guardians of righteousness"? I know I don't. They are loud obnoxious men. Scum really, who are not better then Imus. They use the title of "reverend" to hide their great, their hate and their inability to do anything but destroy. These are the men people follow? What does it say about the people?

Anyway, go read the entire post at buzzmachine. A lot of valid points are brought up that should be a part of the discussion over Imus and what follows.

Thursday, April 12, 2007

Racism OK If Your Not White

The end of Don Imus' career is now official. For the Rutgers women's basketball team "nappy-headed hos" on the air last week, Don Imus has lost his decades long radio and television career. The politicians Al Sharpton and Jesse Jackson led the charge to remove the man, actions that seem contrary to so-called men of the cloth. They seem to thrive on destruction and do little build bridges. Forgiveness does not seem to be part of their vocabulary. Reverends my ass.

Personally I could care less about Imus. What little I gathered about him, I probably wouldn't like him and I would disagree with his politics. Its the double-standards that annoy me. Its seems that the rules are thus: Anyone but whites can use racist remarks. If a black man had made those comments there would not have been this noise. No one would have been destroyed, no one would have even talked about it. Because a white man did it though, the shit thus hits the fans, mostly fanned by a mindless media and the hatred of Sharpton and Jackson. There is much hate in those two men, but then they are really just greedy politicians, not reverends.

Racists comments should be unacceptable. Period. No exceptions. White, black, green, or blue, doesn't matter. If the words are disliked coming from a white man, they should be disliked coming from anyone else. But that is not the case. As the blogs, comments elsewhere have shown, the fundamental truth is racism and racist comments are fine as long as its not from white people. That is the lesson for the next generation. Are you white? No, then you can be racist. Its ok then.

I am for fairness. If the above statements are not true, then Isiah Washington needs to be removed from television and movies. He too said racists comments, he too should lose his livelihood. Its only fair.

But really everyone should just admit a fundamental fact, quit dancing around it. The truth shall set you free.

Racism is fine as long as its not from a white man.

White House Deleted Five Million Emails

In a story that is currently just on the blogosphere and not in mainstream press, it appears there are reports that over a two year period, more then five million White House emails have been deleted, counter to a policy to maintain that information via the Presidential Records Act.

The policy to delete emails apparently came from Karl Rove who used his Republican National Committe blackberry and e-mail accounts to conduct White House business. The RNC usually only kept email for 30 days, fairly standard for most businesses. Considering at the time Karl Rove worked for the White House though, therefore the American public, those emails where not his to delete. It could be argued he was doing RNC business, since thats what the White House is all about. America is secondary to that, but still White House business should have been retained.

According to the Washington Post, "In an afternoon conference call with reporters, White House spokesman Scott Stanzel spread the blame all around. "White House policy did not give clear enough guidance," he said. "The oversight of that wasn't aggressive enough." And individual White House staffers "did not do a good enough job of following existing preservation policy -- or seeking guidance."

Karl Rove wasn't aware? Please. The man knew it and circumvented the policy intentionally and it sounds like he encourages his White House co-workers to follow the same policy. The supposed confusion policy is ""Federal law requires the preservation of electronic communications sent or received by White House staff". Seems pretty cut and dry to me. An additional aspect of the policy ""commercial or free e-mail sites and chat rooms are blocked from the EOP network to help staff members ensure compliance and to prevent the circumvention of the records management requirements." This would be why Rove performed his correspondence on the blackberry. He was clearly and intenitionally violating the Records Act.

While I doubt nothing will come of this, its further proof of the King Bush White House and the belief that they are above the law.

Full details are here.

Wednesday, April 11, 2007

The End For Imus?

MSNBC has dropped Don Imus today, just hours after several advertisers have dropped out of his show. Imus is under fire for racial slurs against the Rudgers' Women's Basketball team.

I have noticed in the "discussion" of this issue, nothing is said about the double standards of the apparent no-no words. To me, if the words are not to be said, NO ONE should be allowed to say them including African Americans. If its not allowed there should be no exceptions. So the next time I hear the N-Word in a rap song, I want to see the same media attention and Al Sharpton condemning it. Of course Al is just a politician and he is fanning the flames because it helps make that mansion payment. To bad the sheep....er mean the public keeps playing along with these tactics rather then calling for real progress.

Is Al Sharpton, so-called Reverend (in title but rarely in action), really the person to lead this so-called great injustice? Other then his political motivations, he has his own programs which this fiasco helps to promote and of course his very rich lifestyle to maintain. Then there is his apparent inability to practice the actual teachings of his religion, you know the whole "forgive" thing. I guess the opportunity of green is more important.

Ironically, when the dust settles, if Imus rides the waves correctly, he will have higher ratings then ever as the curious listen in to him to see if he makes another mistake. In the effort to condemn him, its looks like the two that should benefit the least from this media manufactured controversy (Al Sharpton and Imus) will be the ones to benefit the most. Good job to the sheep of the country.

Menu Foods CFO Sold Stock Before Recall

The AP is reporting that 3 weeks before the tainted pet food recall by Menu Foods, CFO Mark Wiens sold half of his shares of the company stock. The kicker is this, Menu Foods had already admitted they knew about the tainted food 3 weeks before the news became public. It begs the usual what did he know and when question becomes that time frame then becomes very very tight. Did he know and sell his stock, then the public announcement? Its possible that it was just bizarre timing, a possibility considering the money being talked about is relatively minor, 14000 shares for $89,900 then vs a market value of $54,000 now. Of course Martha Stewart was jailed for less. Either way, in a company whose behavior of late has stunk to high hell, you have to wonder. They already took actions and shortcuts with unknown Chinese suppliers to help defray costs (and help with the year end bonuses), what other decisions have been made lately to continue to pad the pockets of a few?

Tuesday, April 10, 2007

Birkhead is Anna's Baby's Dad

Its scientifically official, Larry Birkhead is the dad. The world can now move on to less important things. The gamble by Howard Stern to get rich just went boom in his face, I guess it never occurred to him that Anna Nicole Smith might cheat on him.

Of course as Birkhead's "I told you so" followed by much media hobnobbing makes me think is less celebrating fatherhood and more celebrating lottery win since he gains control of Dannielynn's inherited muli-million dollar inheritance. Personally my focus would shift to my daughter and I wouldn't let her out of my sight for a while. At least for the much video footage shown on CNN, Fox News, etc he doesn't seem to be the least bit focused on dad hood and the responsibilities that come with it. Why would he, the lottery ticket came up as a win for him.

Monday, April 09, 2007

CEO Pay Reaches Ridiculous Proportions

Want to know why the strength of American business is falling, why Detroit auto makers fail to make solid decisions, why the Enron's occur, all you have to do is look at executive pay and bonus' system that is prevalent across the American business model.

As a recent report shows, from 1995-2005, CEO pay has gone up 298% compaired to the average worker's going up only 4.3%. That is a tremendous amount of difference. Sure the CEO is technically important to a company but as the recent history has shown, they sure do seem to get replaced as easily as any line worker which makes you wonder just how important they really are. What the graph doesn't show is the impact of bonuses have on pay. Often times the bonuses an exec gets if as high if not higher then their yearly salary.

On top of that, it seems few companies tie performance into pay or bonuses like they do for the line workers. As the Detroit automakers such as Ford have shown, where they set aside around $60 million of capital for exec bonuses while laying off half their workforce, that what they get in pay and bonuses have little to do with actual performance. Fail to do your job, get a bonus. Do you job, get a bonus. Giving those choices, it seems many have chosen just not to their job, why bother since they will get paid either way. The standard seems to be that there is no standard.

On top of that, if a company does decide an exec can't do their job, they pay them millions and millions of dollars to go away. A Home Depot exec was payed $59 million in severance package for 4 months of work. How many salaried employees would that have paid for?

Then their is those companies that do tie bonuses into performance. If the exec wants his muli-million dollar reward, he is going to make choices that make the short term of the company look good at the sacrifice of the long term. An excellent example is Detroit once again. Ford (i think) was ready to enter the Hybrid market about the same time as Toyota. But they decided that profits now with SUVs where more important then profits later. The result is they abandoned an entire car market segment, conceded it to the competition by the simple act of looking at short term goals instead of long term goals. I am betting that when the exec's made that decision, it was over concern that bonus numbers would be met, not what was best for the long term future of the company.

The short of it is, CEO's should be held to the exact same standards that the average employee's are held to with the same rewards for success and the same punishments. A line worker does their job, they get a small bonus that usually represents a small % of the workers overall pay, that should be the same for CEOs. If bonuses are not allowed for workers, then no bonuses for CEOs. If no raises do to economic hardship for a company, no raises for the CEO. Line worker fails to do their job, they get fired without a net and no mulit-million dollar severance package, neither should the CEO, they should get kicked to the curb like anyone else. Its a simple reverse, "I do to myself what I am willing to do unto you" philosophy.

Update:
Here is an example of outrageous pay. Staples CEO gets $10 million bonus on top of his $1,070,192 salary. For simple act of doing his job, he got nearly 10 times his salary. Wouldn't we all like a bonus like that? Wouldn't we all make a lot of difference decisions with that kind of money on the table? If in charge and had to make a choice between a long term benefit to a company but sacrifice such a bonus, or make a short term decision that gives you such a bonus, wouldn't you make the short term decision? CEOs talk in terms of "the shareholders!!" but really its "the bonus!!"

Wednesday, April 04, 2007

Director of "A Christmas Story" Dead

Director Bob Clark and his 22 year old son Ariel where killed today in a collision on the Pacific Coast Highway. The cause of death was result of a drunk driving hitting them head on. Clark is probably most famous for his 1983 movie he directed "A Christmas Story," a holiday favorite that I grew up enjoying and continues to be a holiday even every year.

News story about it is here.
AICN look back is here.

Fox News Distorts April Fool's Poll

Phoenix Fox 10 News marches in the same beat as its parent channel of Fox Noise, by distorting an April Fool's Poll that asked "Who is the most foolish American?" The announced winner is Britney Spears, complete with footage and quick summary of her recent antics. As the screen grab shows though, the winner, and by alot, is President George Bush at 40%. Note how he is listed last, rather then first as the declared "winner" Britney Spears is located. One could blame that on how the list is compiled, but note the screenshot. Below is a clip, notice towards the end how it sounds like the news anchors caught their on air mistake but decided to push on through without correcting it. Of course they are just reading from a teleprompter so the mistake is less theirs (course they could have corrected it) and more the powers that be that chose to be deceptive.

Tuesday, April 03, 2007

Bill O'Reilly Lose to Cut Mics

Why o why does anyone bother to come on Bill O'Reilly's show? He only wants one thing from his guests - to ape his opinion. Anything else gets a mic cut, both on his tv show and radio show.

A recent example is with Colonel Ann Wright, a 29 year veteran of the US Army.

WRIGHT: "I want to make sure the United States treats people properly.."

O'REILLY: "Sure you do. Sure you do."

WRIGHT: "I surely do. That's what I spent 29 years of my life trying to do."

O'REILLY: "Sorry. No you didn't. You know what happened to you…somewhere along the line you started to dislike your own country…."

WRIGHT: "I served 29 years. How many did you serve? Where did you teach the Geneva Conventions?"

O'REILLY: "Cut her mic."

I don't know how anyone can be suprised by this. O'Reilly exists to push the Bush administration agenda, no matter what it is. Thats fine, but its the slimeyness that he goes about it. The self rightousness and the complete fabrication of "facts". When presented with an opposing viewpoint or facts that don't support his worldview, he shuts people off. Its his show, he can do that, which returns to the basic quesiton...why bother appearing on his show? Republicans are smart, they only pop up on programs friendly to them. Democrats need to learn to do the same thing, especially if it involves O'Reilly and Fox Noise.

I miss the days where programs where an exchange of opposing ideas rather then a barrage of attacks. The recent Jon Stewart interview of John Bolton is an excellent example of how it should go.

The two questions that should be asked and asked and asked of all pro-war hawks is "What does Iraq have to do with the war on terrorism?" and "How do we know when a victory has been achieved?" I have yet to see an answer to either question beyond the nonsense "to bring freedom". Really, how do you know you have won a war when you can't even define what the criteria are for victory?

Monday, April 02, 2007

EMI Goes DRM Free on iTunes

EMI and Apple announced a deal to sell its music catalog via iTunes DRM free (with higher quality) but for a 30% bump in cost. If you don't care about copy protection the price per song remains at $.99 but if you want to be able to play on other players then the price is $1.29. However, complete album purchases will be the same $10 and will be DRM free. One caveat is some players may not be able to play the ACC formated music.

To bad Apple and EMI didn't choose to also release the DRM free music in the universally excepted MP3 format. The EMI Group includes songs from the Rolling Stones, Norah Jones, Coldplay and many more. Overall, this is a set in the right direction to give consumers control over their own purchases but as Engadget discusses, isn't the begin all and end all.

One thing they have noted is its EMI, not Apple that is leading by example. After all the CEO of Apple, Steve Jobs, is the largest stockholder in Disney. He has the heft the encourage Walt Disney music labels to go DRM free, but so far they are not. Another point they had, and a valid one, is the EMI is stilling selling DRMed music. They are not out of the control business. They just are providing an alternative at a 30% increase. TV/Movies will remain DRMed for the foreseeable future and I don't see RIAA letting up on its war. As pointed out before, even though the music is DRM free, it doesn't mean that suddenly that music can be played on any player you have. Most of the iPod competitors including iRiver, Creative and SanDisk, do not support ACC. To be truly wide open and free, the music should be 256kbs and in the MP3 format.

Still despite these problems, its still a small step in the right direction that if proven to be positive in the only value that matters, money, could cause the other music companies to lessen the stranglehold just a little bit.

Tuesday, March 27, 2007

Final Fantasy History DVD

A nice video is up on Google that covers the entire history of the Final Fantasy franchise.

(source)

Friday, March 23, 2007

Bush Contradictions Continue

Earlier in the week, in attempt to prevent further investigation into the possible political firing of 8 US DAs Bush declared that that Congress should focus on finding the truth and forcing his people to swear an oath to speak the truth is not the way to do that. The contradiction is to get the truth...don't force people to speak the truth.

Now, the House has passed a bill that gives $124 Billion for Iraq and Afghanistan. Included in the bill is expansion of veterans' healthcare funding, force benchmarks to be met, force removal of troops from Iraq by August 2008 and refocus military efforts on terrorism. Bush declared the law "delays the delivery of vital resources for our troop" while also saying he will veto the bill...therefore delaying the delivery of vital resources to the troops.

I wonder if he even understands the words that come out of his mouth. The funny things is Bush held a press conference on this law, to declare he will veto it, even though the chances of the law passing through the Senate is unlikely. I guess he is hoping that if he does "Presidential" stuff like flub through a few press conferences and make contradictory statements, it will help his approval rating.

Should You Buy Apple TV?

The Apple TV has come out and should be in stores soon if it isn't already. For $300.00 you have to pause and decide if its worth the cost or not. The answer to that question depends on just how much you use and buy content from the Apple iTunes store or how much you are willing to spend hours and hours converting your existing files to a m4v codex that Apple TV will play. If you have lots of iTunes contents or are willing, then yes, its probably worth it. If you are like me and barely use the iTunes store and most of your videos are in lots of different formats then the answer is no because Apple TV will not play them.

Really the answer to "should I buy Apple TV?" is the same answer to "Am I willing to spend lots of money on iTunes Store content?". So there you go, a quick reason to decide to spend the money or not. Considering Apple's history with the iPod video, the limitation in Apple TV to only play certain non-common codex's is unlikely to change anytime soon. On the bright side, hackers will probably eventually come up with easy methods to override this problem. Until then though, just wait. Wait until Apple TV 2.0 or 3.0 and wait until it becomes something that can truly play any video you want to play and not just a limited few. Force a company, not even Apple, to release a real solution to getting content from computer to TV easily that doesn't come with a bunch of rules. The only way to do that is refuse to buy these half-assed solutions.

Various links for info:
Gizmondo Review
iLounge's Top 10 Reason to Not Get Apple TV
Apple TV FAQ
C-Net Apple TV Linkfest

Tuesday, March 20, 2007

Bush: "loyal Bushies" Will Not Testify Under Oath

President Bush held a press conference today to announce that he is unwilling to allow his "loyal Bushies" Karl Rove and Harriet Miers testify under oath or in public due to executive privilege. What he failed to mention is why the politics of firing US Attorneys would fall under this category.

Really though this decision on the President indicates many things. One, it seems he still fails to recognize that Republicans no longer control Congress. That means number of "yes-men" under his control has taken a dramatic nosedive. The legislative branch simply no longer beats to his drum. This failure to recognize this now brings up an issue for the Congress: will they take his shit or fight back. This is an opportunity for the Democrats to show they are not quite the wimps everyone believes them to be.

The second thing this indicates is there are secrets to hide. There is no reason to testify before Congress and not swear under oath unless planning to tell lies and hide information and want to avoid the consequences. There is also no reason to hide this kind of decision making from the public...unless you don't feel the public deserves the truth.

A final reality of the situation is apparently the Bush Administration values loyalty over competence, even worse it values loyalty to Bush over loyalty to America. Its not supposed to be that way. While people "serve at the pleasure of the President", the President is supposed to make sure that service is for the benefit of the American people, not himself. These and many decisions over the last few years just highlights the fact that apparently Bush is all that is important, the American people can simply go to hell.

For all intents and purposes, Bush is not only putting up a middle finger to the Congress but the American electorate as well. Hopefully Congress will take up the challenge thrown down by Bush and fight back. Hopefully the Democrats will learn the lesson of the last 6 years, that non-interference, that simply doing and saying nothing is not the answer.

4th Year Anniversary of Iraqi War

Today Bush "celebrated" the 4th anniversary of the war that was only supposed to last 6 months at most, be paid for Iraqi oil, and have us greeted as liberators. He now asks for patience as a withdrawal would be devastating for the US. Considering quite literally NONE of his predictions have come true, at this point he sounds more like he is seeing his historical legacy going up in smoke and is doing everything he can to hang on to it. Sigh, lets just hope this is the last anniversary of this unnecessary, goal less, poorly planned, executed and violent war.

Sunday, March 18, 2007

Gonzalez's Own Performance Review

Click here for an amusing animation video that has Alberto Gonzalez providing his self performance review, explaining why he is so valuable to the Bush Administration.
(source)

3-Way Tie On Jeopardy

Jeopardy had its first ever 3-way tie, with all 3 contestants scoring $16,000 after Final Jeopardy. As a result of the tie, all 3 got to keep their winnings and go head to head to head again (airing Monday).

Friday, March 16, 2007

12 Ways to Boycott the RIAA

The RIAA continues its heavy handed tactics against its own customers. Being the customers our only response is to simply quick giving them money that allows them to treat us in such a shitty matter. However, we still want to get new music, so go read "12 Ways to Boycott the RIAA" that gives ideas on how to get your music without rewarding the RIAA.

Thursday, March 15, 2007

TDS Gonzales Summary

As always, the Daily Show once again provide a concise, factual but humorous summary of a current political FUBAR. In this case the Attorney General Alberto Gonzales' firing of 8 ADs for not showing proper loyalty to Bush. Apparently the law and just doing your job is secondary to making sure the diety is pleased. Also amusing is how effectivily they edited together Gonzales' interview with about 8 different news shows and his talking point use of "serve at the pleasure of the President" statement.

The video can be found here.

Monday, March 12, 2007

Confessions From Various Sales Reps

The Consumerist has posted more confessions that cover various tips and ideas from sales reps and managers on how to get the best deals for cell phones and other wireless packages. The one tip that I liked most...wait until the last five days of the month to go cell phone / plan shopping. The end of the month stats are due and you might get a good deal so the store can meet quota.

Confessions of...

Walter Reed Scandal = Lots of Resignations

The Walter Reed Scandal continues to cut through the ranks as more generals are forced to resign. Lt. General Kevin Kiley is the most recent as he announced his retirement as Army Surgeon General. This is after Major General George W. Weightman was removed. He was replaced by General Eric Schoomaker who has made it clear he doesn't see what the problem is and was charge of the facility from 2000 to 2004. Oh and the person that had put the now retired Kiley in the position, Secretary of the Army Francis Harvey also has resigned. Major General Gale Pollock will take over the postion temporarily. I have no real idea, but it seems like the entire chain of command for the medical corp of the Army has no resigned at least once.

The President, of course, continues to try to dodge this whole fiasco, basically saying its the Pentagon's problem and doesn't have anything to do with him. The president, being the commander in chief of the army, the great decider, has decided he is responsible for nothing. He, who has used Walter Reed as photo-ops, knows nothing and did nothing. Ah the great leadership that is Bush. George "Support Our Troops" Bush, the great leader...at least until the shit hits the fan and then he is point fingers everywhere. Now if only there was a way to force his resignation...

Tuesday, March 06, 2007

I. Lewis "Scooter" Libby Guilty

The jury of the perjury trial of Scooter Libby returned a guilty verdict on 4 of the five indictments. The 56 ex-chief of staff and national security advisor could face up to 30 years in prison and fine of $1.25 million. However, the judge has plenty of leeway and it wouldn't surprise me if he at most gets a slap on the wrist. Telling is the jury members indicating that while they feel he was guilty, they felt he was operating under marching orders from Vice-President Cheney.

Even after sentencing this case will probably spend the next few months being contested by the defense attorney up to the probably pardon that Bush will provide at the end of the Presidency. Something that Democrats are asking Bush not to do but really its a decision that they have no say in. More then likely Scooter has a nice cushy job waiting for him after he does his year or so for taking one for the team.

Now if someone would only investigate all the disappearing war money, Haliburton and the so-called "evidence" that got us in the Iraq war to begin with.

Speed Painting Scarlett Johansson

A digital tablet, Photoshop, crap load of skill and you get Scarlett Johansson. Music is "Adagio for strings" by DJ Tiesto.

Monday, March 05, 2007

RIAA Boycott: Out To Destroy Webcasts

The RIAA struck again over the weekend, helping push a new royalty rate that is retroactive to January 2006 that requires webcasters to pay a fee for RIAA protected music. The fee of course is moronic in scope and goes up in double-digits each year.

TechDirt.com has the details:
RIAA Pushes Through Internet Radio Royalty Rates Designed To Kill Webcasts

It's been quite some time since we last heard about arguments between internet webcasters and SoundExchange (a group spun off from the RIAA to handle royalty collection). Back in the summer of 2003, there was even a lawsuit over the royalties being set, that were pretty clearly designed to put smaller, independent webcasters out of business. From the RIAA's point of view, this is perfectly typical. They still view the world (especially the internet) as a broadcast medium. Therefore, they want at small number of "professional" content producers who create the content for everyone else. Then they can just sign a few ridiculously large licenses with those large players, and "the people" get to consume it. It's a fundamental misunderstanding of the internet as a communications medium -- a medium where people express themselves back and forth to each other, rather than a place we go sit back and "consume." While the fight had gotten quiet lately, the good old RIAA was hard at work making sure that things were happening in the background. A bunch of folks submitted stories this weekend noting that late Friday (making it less likely to make news), the Copyright Royalty Board announced that it was adopting the royalty rates SoundExchange put forth, and making them effective retroactively to the beginning of 2006 -- meaning that many small independent webcasters are now facing a tremendous royalty bill they're unlikely to be able to afford (thanks to everyone who sent this in).

That last link goes through the impact of all of this on various players -- and it's not pretty. The new rates pretty much decimate a large portion of the industry. And, it's only going to get worse, as the royalty rates increase at incredible rates ("2007's rate is a 37.5% increase over 2006; 2008 and 2009's annual increases are about 28% per year; and 2010 adds another 5.5% increase.") Of course, this is utterly backwards and damaging to the industry itself. A webcaster (especially the smaller, independent ones) is a great means of promotion for artists. It tends to attract more loyal and well-targeted audiences, who are more likely to want to later go out and buy a CD, a t-shirt or attend a concert. It lets the industry better promote material from a wider range of artists. However, in the industry's desperate need to charge for every single use, they're effectively killing off yet another wonderful promotional vehicle. The industry continues to think that it needs to do this because it wants to own all distribution and promotional avenues in order to be able to continue to take its large cut. However, that's no reason for the Copyright Royalty Board to put in place these artificial barriers that only serve to protect the recording industry's outdated understanding of its own business model.

Sunday, March 04, 2007

Ann Coulter Drops the F-Bomb!

In what can only be called a crime against humanity, Ann Coulter dropped the f-bomb at a speech Saturday during an address to the Conservative Political Action Conference where she said "I was going to have a few comments on the other Democratic presidential candidate, John Edwards, but it turns out that you have to go into rehab if you use the word 'faggot,' so I'm - so, kind of at an impasse, can't really talk about Edwards, so I think I'll just conclude here and take your questions."

Of course, this isn't the first time that Ann uses gays as a way to bash Democrats. She has done it many many times in the past. She did it on July 27, 2006 when she called All Gore a "total fag".

Nevermind though that she has called for the deaths of judges, seems OK with the idea of killing Bill Clinton, spoke of Muslims as ragheads, and just generally has made her fortune and career on hate. She simply exists to create and spread hate. Everyone knows this, yet her use of the word faggot is what gets spread on the front stories of CNN, USAToday and Fox News (Fox's pro-Ann slant is amusing btw) and probably headline the Sunday political shows. Are you shitting me? This is what finally gets people's attention and even gets flip flop master John "will sell my soul for office" McCain to even comment calling it "wildly inappropriate."

But then again this is a new age, the post Grey's Anatomy Isaiah Washington's use of the word. The f-bomb heard round the world, if you will. Yep, somehow 'faggot' has become the new n-word. Not sure how this happened but since the press has decided to treat it as an evil, so too has the politicians and then the people. If the media calls it bad then it must be.

The dreaded f-bomb. Its no longer the one having to do with sex. Its evil I tell you. Pure unmitigated evil. Can the human race, can American make it to the next day knowing this event has occurred? And what of the children? Those poor children. Think of the children!! Oh the humanity!

Thursday, March 01, 2007

Boycott the RIAA In March

Gizmondo.com has decided to declare March as RIAA Boycott Month due to simply being sick and tired of the RIAA's anti-consumer, anti-freedom, anti-free expression, and just anti everything that doesn't feed dollars to mega corporations.

The boycott calls for you to simply stop buying any product that helps fund the mafia outfit of the RIAA. This includes anything produced by Warner Music, EMI, Vivendi Universal, and Sony BMG and any of their subsidiaries. Now before doing the whole "but the artists" bit, just remember that part of the RIAA's functionality is to help screw over the artists and keep as much royalties out of their pockets as they can. Again, remember, the RIAA exists to benefit the corporations and the higher ups bonuses. Giving money, earned or otherwise, to artists would be counter to that goal.

Gizmondo issued an Anti-RIAA Manifesto:
In case you missed it, last Friday we declared the month of March Boycott the RIAA Month. We've gotten sick and tired of always seeing the RIAA pulling deplorable moves and decided it was time for us to do something about it. We're kicking the month off with this, our manifesto. We want to be absolutely clear about what this fight is about and why it's so important. This is an overview of what the RIAA does, why it's damaging, and what we need to do to stop it. Consider this our planted flag.

First off, we want to be clear that this battle won't be over on March 31st. We declared March the Boycott the RIAA month to draw a line in the sand and to make a strong statement, but this is merely the beginning. Everything we're going to lay out here will still be true in April, in May, in June, and in the months that follow. March will be not the entirety of our efforts, but rather a kick off of our organized campaign to make a difference. We'll be posting tips for how to get the word out, ways to support artists without supporting the RIAA, and keeping you updated with everything that's going on throughout the entire month. With your help, we can educate people about how important this issue is and really make a difference.

Who We're Up Against
The RIAA is the industry group that represents the four major record labels — Warner Music, EMI, Vivendi Universal, and Sony BMG — and all of their subsidiaries. They work on behalf of their members, and they have been accused of a wide range of offenses, from price-fixing to stifling innovation. They're able to perpetuate these crimes due to their huge bankroll, but that happens to be the one aspect of their organization we have control over. As consumers, we are the ones who stuff their coffers. By buying albums released by RIAA labels, we're giving them the money they use to sue our peers, stifle innovation, and force DRM down our throats. By cutting off their income stream, we can help make the RIAA less effective and therefore less damaging.

We're huge music fans here at Gizmodo, and that's why it's really hard to advocate not purchasing albums from artists we love. However, what everyone needs to understand is that we are in no means advocating piracy or not supporting musicians. The fact of the matter is, the RIAA's practices do not, in the end, support musicians or put money into their pockets. A fraction of the money from album sales actually makes it to artists, and not a single penny that the RIAA has received from their series of lawsuits has actually made it back to the artists that had their "copyrights infringed" in the first place.

Piracy Lawsuits: Extortion and Privacy Invasion Under the Guise of Copyright Enforcement
The goal of the RIAA's lawsuits is to make people so afraid of being sued that they will stop downloading music. However, in their lawsuits they circumvent the law and extort money from people who haven't been given the benefit of a legal trial.

The process that the RIAA has in place to find and sue plaintiffs is designed not to provide a fair trial and prove guilt, but rather to confuse and intimidate people into settling out of court. What exactly happens is too detailed and lengthy for me to go into here, but Grant Robertson's Layperson's Guide to Filesharing Lawsuits is a must-read for anyone interested in what exactly happened in the 20,000+ lawsuits (so far) the RIAA has brought upon the citizens of this country.

Recently, the RIAA began looking to streamline the entire lawsuit process by cutting courts, lawyers, and any semblance of due process out altogether. Their new plan is to have ISPs point people to p2plawsuits.com (catchy!) and offer to discount their settlement by $1,000 if they pay up without going to court at all. By avoiding the court system, the RIAA can avoid paying those pesky lawyer's fees. Even better for them, they plan to require ISPs to retain all of their customer records for at least 180 days in order to be eligible for the $1,000 discount. This would make everyone's surfing and downloading history available to a non-governmental organization in order to make it easier for them to gather evidence for their intimidation lawsuits.

Smothering Innovation: If You Can't Access the Internet, You Can't Pirate Music
Beyond the harassment, extortion, and privacy invasion that the RIAA commits under the guise of lawsuits, they also stifle innovation by treating any open Internet source as a potential way for people to violate their copyrights. Recently, they filed a "motion for reconsideration" in a suit claiming that anything downloaded via an Internet connection is the responsibility of the owner of said connection. While the RIAA is trying to make it easier for them to get money out of the parents of kids they sue, the precedent that it would set would make it difficult, if not impossible, for open WiFi hotspots to exist. That means that the RIAA would make it impossible for you to connect to the web for free while out in a city that provides Internet access merely because you might use it to download music.

DRM: Pay More, Get Less
Digital Rights Management, or DRM, is the software that makes it so music you buy from the iTunes Music Store can't play on any other player other than the iPod, such as a Zune or Sansa. In an effort to keep people from sharing legally purchased music, DRM actually goes much farther than copyright law dictates, denying paying customers the fair use of the music they buy. You should be able to do what you want with an album once you've paid for it; like a CD or a record, you now own it for life.

However, music wrapped in DRM software cannot be played on devices other than those explicitly tied to the store you brought it from. Furthermore, listening to your music across multiple computers, or moving your music to a new computer when you upgrade, is often a huge headache that ends with you needing to repurchase your songs.

In effect, the RIAA's insistence on strict DRM takes value away from legally purchased music. People have a choice: they can either pirate unrestricted MP3 files that will let them use them however they'd like, or they can pay for files that won't allow them the freedom to listen where and how they choose. It only makes sense that many tech-savvy people choose to download MP3s rather than pay for crippled files. The RIAA wants people to pay for restrictions and like it.

Rescuing Artists From Those Claiming to Support Them
As we're a technology website, we're most in touch with the RIAA's actions in response to music downloading as opposed to their history of poor artist management and unfair retail tactics. However, it's worth noting that issues such as the underpayment of artists and album price-fixing are quite serious and should be considered as good a reason as any to keep your money from going to their pockets. Two articles worth reading to study up on how major labels screw over the artists they claim to represent are Courtney Love's speech to the Digital Hollywood online entertainment conference and The Problem with Music by Steve Albini. Both are written by artists who have first-hand knowledge of just how badly major labels take advantage of musicians, and both are guaranteed to change how you view the music industry.

Out With the Old, In With the New
So what would we like to see happen? First and foremost, we want the lawsuits to stop. Treating normal people like common criminals and using fear tactics and intimidation to extort thousands of dollars from them goes against everything that this country stands for. Secondly, we want them to stop insisting that DRM software be used on all of their music being sold online. People are willing to pay for their music, but they deserve to be able to own that music and use it however they'd like once they purchase it. And lastly, we want the RIAA to stop trying to stifle innovation and control the future of the Internet merely because the possibility exists for piracy to happen using upcoming technologies.

But all these things, in the long run, are temporary solutions to a problem that will eventually end with a permanent solution. The fact of the matter is, the RIAA is becoming more outdated and unnecessary by the day. Their seeming inability to grasp the reality of today's music industry has doomed them, and there will come a time when they will cease to exist.

That's because the era of the major label is over. Why should a new band want to sign with one? They no longer need a $50,000 recording budget; more sophisticated and powerful home recording equipment and software is released every day. Music videos are cheaper to shoot and edit as well due to the lowered costs of cameras and computers. Promoting for radio is increasingly unnecessary, as more and more bands are discovered via blogs rather than through traditional channels. And manufacturing is slowly being erased from the picture altogether, allowing artists to distribute their music online with little overhead costs.

While twenty years ago a band needed a record label to discover them, help them record, help them shoot a video, manufacture and then distribute their album, a resourceful band can do all of those things themselves. Eventually, bands will be able to sell their music online direct to fans with minimal reliance on a record label. The RIAA is teetering on the edge of irrelevance, and it's our job to give it a hearty shove. They can still do a hell of a lot of damage on their way down, and that's what we need to try to stop. Stay tuned. –Adam Frucci