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February 23, 2007

In the "I wish I'd thought of that" file....

This is choice! Nascar DOES suck. Psycho Sensei hath decreed it thus!

Sign on I-4 gives NASCAR fans the cold shoulder - Orlando Sentinel : Volusia County News Sign on I-4 gives NASCAR fans the cold shoulder - Orlando Sentinel : Volusia County News:


The electronic sign on the side of Interstate 4 is supposed to warn motorists of an upcoming exit.

This weekend, someone reprogrammed it with a slightly different message: "NASCAR sucks. Go home."

Florida Department of Transportation officials said a prankster with the right kind of keyboard and a password changed the sign this weekend as hundreds of thousands of race fans poured into the area.

The sign -- a 7-by-10-foot movable message board -- was posted near the Saxon Boulevard exit by the eastbound lanes, DOT spokesman Steve Homan said. An employee noticed the unauthorized message late Saturday night. By Sunday morning, the sign was switched off.

February 15, 2007

Cuz sex is bad...m'kay?

Sex toy ban upheld in AL, adult gizmos = illegal devices:


Xeni Jardin:

This just in, snip from Xbiz:

In a unanimous opinion, a three-judge panel for the 11th U.S. Circuit Court of Appeals upheld an Alabama statute banning the commercial distribution of sex toys, saying that there is no fundamental right to privacy raised by the plaintiff's case against the law.

According to the statute, it is 'unlawful for any person to knowingly distribute any obscene material or any device designed or marketed as useful primarily for the stimulation of human genital organs.'

Link (Violet Blue).

Previously on BB:

  • Sex toys still banned in Alabama, guns okay

  • Court upholds sex toy ban, no fundamental right to dildos

  • Texas sex toy ruling by Supreme Court: guns yes! vibrators no!

  • New TSA restrictions and sex toys: whither the lube?


  • New Improved Cartel Jihad! Now More Efficient Than Ever! - From Copyfight

    New Improved Cartel Jihad! Now More Efficient Than Ever!:


    In case you were fooled lately into thinking that the RIAA and the rest of the Content Cartel were going to pursue a policy other than "Sue All the World, Sue All the Children" please permit the blog "Recording Industry vs The People", maintained by NYC lawyers Ty Rogers and Ray Beckerman, to adjust your reality.

    The blog has posted a letter appearntly leaked from the RIAA. In this letter the Cartel enforcement arm attempts to cajole ISPs into maintaining subscriber ISP records for 180 days. To make its lawsuits go more smoothly, of course. In exchange for shutting the hell up and turning over data promptly the ISP's customers get a promise of a $1000 discount for payment prior to lawsuit being filed. It's not at all clear to me why any sane ISP would sign on to this deal since it means more work and more risk for them, not to mention the exposure of being counter-sued by irate customers for turning over records.

    You can read a brief summary on the lawyer's blog, and extensive commentary on the various links below the entry. The gist is still the same - the RIAA wants more suits, faster suits, more settlements, and fewer embarrassing publicity gaffes. I can't exactly blame them for wanting these things, but I'd rather they realized that they haven't made any difference in the past 7+ years of suing their customers and they're not going to make a difference if they spend another 77 years suing their customers.


    Oh I love my white list....

    I'm one of those very strange people who hates the sound of a ringing telephone (regardless of what ringtone it uses) as it signals an annoying interruption to whatever it was I was doing. I especially hate hate hate telemarketers, "courtesy calls," "you're our customer so let's sell you this other thing" calls, "would you take this survey of your recent experience with us" calls, "confirm your appointment" calls, or most any other ridiculous annoyance calls that are not from people I care about who have something important to say. I much prefer email or IMs most of the time because I can get to that when I feel like it not not be interrupted in my latest brilliant attempt to write something or while cleaning the fish tank or feeding the aminals.

    Imagine my glee when I found this little device called the "Interceptor ID" which allows me to block calls before they even ring my telephone! Glee glee glee. After a set up process in which I installed a "white list" of people whose numbers will ring through, all other numbers go to an automated announcement telling the caller to send email. How handy is THAT? Whenever I make an outbound call, it automatically adds it to the "ring through" list (which I can change on the fly if necessary, if I'm calling someone I don't like, etc. etc.).

    While not perfect, since calls from Ed McMahon notifying me I've one a million dollars won't come through, I watched with great joy as it blocked 3 calls this morning from people whom I'd previously told to USE EMAIL. Joy! Rapture! Everlasting Geekish Glee! *insert snoopy dance here*

    February 13, 2007

    DirecTV forgot one thing....

    The guys forgot to close the gate. I spent a snowy day chasing dogs through the neighborhood. The good thing was that the snow made their tracks easy to follow. Still, my lungs do not like wet cold air. Luckily, they were rounded up, and we spent the rest of the afternoon/evening with a Doctor Who marathon, watching and laughing at traffic reports. MOO HA HA.

    DirecTV Comes Through

    So double dumbass on the customer service chew toy who said that no supervisor could do more than he could to take care of our little hassle. The supervisor escalated things to an almost ridiculous extent getting a real live certified DirecTV employee installer with the blue and white truck and everything. His supervisor also showed up to make sure everything was cool. Within 1/2 an hour the dish was up, the switch was up, and everything was working. Go figure.

    8am the doorbell rang. Apparently nobody bothered to tell the nitwit installer company that DirecTV had taken care of it and they sent their head technician to fix things. In the snow.

    So, all is working. All is happy. The Psycho Sensei is pleased as punch.

    February 12, 2007

    Fun with DirecTV subcontractors...

    As I sit here on hold with a DirecTV supervisor, attempting to quench my rage with a nice Shiraz, I think fondly back to the time when people actually did what you paid them to do, properly and on time. Ah yes, those were the days, when "service" was not a euphemism for "I deserve your money just for showing up."

    Where we left the story on Friday, the installers had lied about completing the installation. They had not installed the necessary new 5 LNB dish, had not installed the new multiswitch, and the DVR was not receiving all of the satellites it should. An aggregate of 2 hours on the phone with tech support later, the promise was made for a technician WITH the dish and multiswitch would be dispatched today between 1 and 5. I double checked by telephone this morning asking to ensure that the work order contained the dish and multiswitch. They said "oh yes." Approximately 4:45 the installer shows up.....without said dish or multiswitch, meaning he could do NOTHING.

    As the installer scurried out the door attempting to escape from the lightning cloud that had suddenly appeared over his head, he told me that neither his supervisor nor his dispatcher would answer the phones. Yes, he had a dish and switch in the van, but I couldn't have them because they were for another customer. Hello? THIS customer is LIVID and about to dump DirecTV and go back to Dish Network. THIS customer already HAS Dish equipment on the roof. Sooooo, I was told to call DirecTV, where I am now still on hold.

    After chewing through the first tech support cat toy, it was off to the supervisor who read back the work order precisely as it should have been. All are clueless as to why "wonder boy" got a work order that just said "fix install." Supervisor says she can only get someone out here Wednesday. I threw a fit and said I want them here TONIGHT.... I'm the aggrieved customer. I'm supposedly on their "A" list (class A sucker list?) and I'm the one who is pissed that they have breached their contract with me not once, but twice (that breach the contract language really gets them moving). And so I wait. And wait....

    This is a GOOD supervisor. She has the manager on the phone from home. They're on their way back. Where's your technician NOW?!?! More to come.

    February 11, 2007

    When snorkeling, try not to look like a big-ass rodent

    Although if some dweeb in a boat is on meth and pot mistakes you for a creature smaller than a beaver but larger than a muskrat that only lives in the south, and you happen to be in Oregon, you're kinda on your own I'm afraid.

    Snorkeler mistaken for rodent, shot in face - CNN.com:


    EUGENE, Oregon (AP) -- A snorkeler who was shot in the face after he was apparently mistaken for a swimming rodent was in good condition after surgery, a hospital said Saturday.

    John William Cheesman, 44, of Springfield, underwent eight hours of surgery Thursday to remove bullet and bone fragments from his face, said his wife, Shelley Cheesman.

    "He's doing really well," Shelley Cheesman said. "The bullet hit in front of his right ear, where the bone is the most dense. It just fragmented and didn't go into his brain."

    He was listed in good condition at Oregon Health & Science University Hospital in Portland.

    William Roderick, 60, of Reedsport, has been charged with assault, being a felon in possession of a firearm, and possession of methamphetamine and marijuana. He was being held in the county jail.

    Roderick told deputies he thought Cheesman was a nutria swimming in the Smith River near Reedsport, about 90 miles southwest of Eugene, and shot him with a .22-caliber rifle, police said.

    A nutria is a water-dwelling South American rodent species that is larger than a muskrat but smaller than a beaver. It was introduced to U.S. waters in the 1940s, according the National Wildlife Federation.

    Cheesman, an avid diver, was in the river looking at different species of fish, his wife said. He swam to the river bank and yelled for help.

    Roderick and another man came to Cheesman's aid in a boat, called 911 and drove him to an ambulance.

    "I do give him credit for helping him," Shelley Cheesman said of Roderick.

    February 09, 2007

    Ooops!

    US Airways chief arrested on drunk driving charge - Feb. 9, 2007:


    SCOTTSDALE, Ariz. (Reuters) -- Doug Parker, the chief executive of US Airways, was arrested late on Jan. 31 on suspicion of drunk driving, a spokesman for the Scottsdale Police Department said on Friday.

    The incident occurred hours after Parker pulled US Airways' (Charts) bid to acquire larger, bankrupt rival Delta Air Lines (Charts) after Delta creditors rejected the bid.

    U.S. Airways CEO Doug Parker was arrested on charges of suspected DUI on January 31st.
    Officers on a special DUI taskforce clocked the CEO driving 20 m.p.h. over the 45 m.p.h. speed limit in his BMW car in Scottsdale, a city in the Phoenix valley area.

    "When the officer pulled Parker over, he noticed the smell of alcohol on his breath, and that he had watery eyes and slurry speech," spokesman Mark Clark told Reuters.

    Parker told police that he was driving back from a party at the FBR Open golf tournament, where he drank three beers.

    For the Cynics, an Antidote: The Order in Capitol v. Foster - Groklaw

    For the Cynics, an Antidote: The Order in Capitol v. Foster:


    I gather from comments on the last article that some among you are not yet convinced that anything close to justice can ever happen in a courtroom. Well, dear SCO-wounded cynics, this is for you, an order signed on February 6 by Judge Lee West, a US District Judge in the Western District of Oklahoma, in the case of Capitol v. Foster . It should help you to see that while the courts may be slow, they can get there.

    This order has to do with a woman who was not rich or powerful. A single mom. She started with no important friends to pull strings for her. What she had was innocence, a willingness to fight to prove it, and an unwillingness to give up and settle with the music industry, thus admitting to something she said she had not done. Indignation can be empowering, like a wave you can ride a long way, indeed. She also had an attorney willing to work, I gather, for maybe next to nothing, if necessary, Marilyn Barringer-Thomson.

    As a result, the music industry, which has been suing the poor and powerless -- some believe so as to build a body of one-sided case law around US Copyright Law -- has been told where the line in the sand is. The plaintiffs who massed against this defendant -- Capitol Records, UMG Recordings, Maverick Recording Company, BMG Music, Arista Records, Sony BMG Music Entertainment, and Warner Bros. Records -- have been told they will have to pay a reasonable amount, yet to be determined, of this vindicated defendant's legal fees, because she has been ruled the prevailing party, against all odds.

    It's not the money. Or more accurately, it's not just the money, although surely the music industry will now be more careful who they sue, so as to avoid another outcome like this. It's the precedent that really matters. The music industry's attempt to establish that an Internet account holder is responsible for any copyright infringement that occurs using it, whether or not the person knows about it or approves it, has bitten the dust in a courtroom in Oklahoma:

    The Copyright Act does not expressly render anyone liable for infringement committed by another. Rather, the doctrine of secondary liability emerged from common law principles.... Under those common law principles, one infringes a copyright contributorily by intentionally inducing or encouraging a direct infringement. The elements of a claim for contributory copyright infringement are: (1) direct infringement by third party; (2) knowledge by the defendant that third parties were directly infringing; and (3) substantial participation by the defendant in infringing activities.... Merely supplying means to accomplish infringing activity cannot give rise to imposition of liability for contributory copyright infringement.... One infringes a copyright vicariously by profiting from direct infringement while declining to exercise a right to stop or limit it.

    That's it. Simple fairness.

    A witches' brew of religious discrimination | Chicago Tribune

    A witches' brew of religious discrimination | Chicago Tribune:
    When he was alive, the U.S. government had no trouble finding a place for Patrick Stewart, never mind his unconventional beliefs. It inducted him into the Army National Guard, issued him dog tags giving his religion as "Wiccan," and deployed him to Afghanistan. He died there in 2005 when Taliban forces shot down his helicopter. It was only later that Uncle Sam had second thoughts.

    Sgt. Stewart was buried in a veterans cemetery in Nevada, and his widow asked that his memorial plaque include the encircled five-pointed star of Wicca, a religion based on nature worship. But the Department of Veterans Affairs declined, because that emblem is not among the 38 religious symbols it allows.

    Eventually, the state of Nevada stepped in and said it was in charge of the cemetery and would provide the plaque, which finally was dedicated in December. But back in Washington, the VA is still treating fallen Wiccan soldiers as a terrible inconvenience.

    For nearly a decade, family members have been asking for the right to put the pentacle on the gravestones of Wiccan soldiers, and so far, they have been disappointed. Last year, two widows filed a lawsuit accusing the government of unconstitutional religious discrimination. At that point, the department suddenly unveiled a proposed regulation for handling such requests.

    But the department won't say whether the new policy will permit the Wiccans to use their symbol. Nor is it clear from the text, which says the department may refuse to recognize religious groups that "promote or engage in activity that is illegal or contrary to public policy," and may reject any emblem that "would have an adverse impact on the dignity or solemnity of cemeteries."

    When I asked a department spokesman whether the Wiccan application would qualify under this policy, he said only that it would get "thorough consideration." The new rules didn't dissuade a federal judge from letting the lawsuit proceed.

    Maybe the VA is finally ready to do the right thing. But after all the time it has spent stalling on this issue, the suspicion arises that somebody there has a major problem with the Wiccans. And it's not hard to imagine that the current secretary of Veterans Affairs would like to delay a resolution until the next administration, so someone else would get the blame for--as the change will undoubtedly be portrayed--giving a seal of approval to an evil cult.

    But the question is not whether Wicca is a good or true religion--only whether its adherents are entitled to the same rights as everyone else. The Constitution has a simple answer: Yes.

    In deference to freedom of religion, the VA makes room for lots of faiths. If you're buried in a military cemetery, you can choose from the familiar (several crosses, a Star of David, a Muslim crescent and star) or the esoteric (symbols of Buddhism, Baha'i and Sufism Reoriented).

    There is even room for non-believers: One approved emblem is an atom, representing atheism. During the time the Wiccans have been waiting, the VA has added several other symbols, including one for Sikhs and another for Izumo Taishakyo, a branch of Shinto.

    It's not as though Wicca is any less of a religion than these others. The Pentagon, which says there are some 1,800 Wiccans serving in the ranks, allows Wiccan groups to hold services on military bases. The Justice Department treats Wicca as an authentic religion in the reference manuals given to federal prison chaplains. The IRS grants tax exemptions to Wiccan churches.

    But some people imagine adherents to be a dangerous throng of witches, warlocks, devil-worshipers and virgin-sacrificers who huddle around cauldrons chanting, "Double, double, toil and trouble." Americans United for the Separation of Church and State, which filed the lawsuit, suspects the VA may be fearful of provoking the religious right.

    A few years back, after a flap over Wiccan events at military installations, some Christian groups called for a ban, and lobbyist Paul Weyrich of the Free Congress Foundation declared, "Until the Army withdraws all official support and approval from witchcraft, no Christian should enlist or re-enlist in the Army."

    It doesn't appear his suggestion cost the military any Christian enlistees--which suggests that soldiers and sailors of many faiths can live, work and fight together despite their religious differences. If Wiccans are good enough to die for their country, they're good enough to be treated with respect afterward.

    ----------

    Steve Chapman is a member of the Tribune's editorial board. E-mail: schapman@tribune.com

    Firefighters ask for money for a firetruck. Guess what they can't buy with their grant?

    In yet another case of "who the hell authorized THAT?" this poor little enclave, too small to even be called a "town" asks for a truck, gets a truckload of money, and is prohibited from using it to buy a truck. Wait a minute, what's all this about? Do they actually have to use this money to protect their cheese monument? This is just too weird to be true...

    Firefighters' windfall comes with a catch - The Boston Globe:


    When the fire department in the tiny Berkshire hamlet of Cheshire needed a new fire truck, it asked Uncle Sam for a little help.
    The response last month was stunning: a $665,962 homeland security grant.
    The award was nearly 26 times the annual budget of the volunteer fire department in the town of 3,500. And the rub: The department is not allowed to spend it on a fire truck.
    Instead, the town won a grant to fortify the ranks of its volunteer brigade. Its selectmen plan to huddle later this month to hash out a spending plan.
    Asked how the money will be spent, Cheshire Fire Chief George Sweet cryptically replied yesterday: "Rome wasn't built in a day."
    Sweet said he couldn't say much more about the windfall. Indeed, Cheshire's officialdom is a nervous wreck over it and is reviewing federal grant guidelines.
    "We've never had this much money dropped in our laps," said Cheshire town administrator Mark Webber. "People get fined and go to jail because they don't handle money like this properly."
    Just as Boston, New York, and Washington complained last year when their homeland security grants were reduced while other less likely terrorist targets received more, the Cheshire money seemed to underscore the puzzling nature of some of the agency's spending habits.
    The town does have the Cheshire Cheese Monument, a sizable concrete sculpture of a cheese press commemorating a 1,450-pound cheese hunk given by town elders to Thomas Jefferson in 1801. But its value as a terrorist target is not readily apparent.

    February 08, 2007

    Sky News: OAP [Old Age Pensioner] Pilot Lands On Road

    If he tried that here he'd likely have been shot down as a terrorist! Instead, this story is from England where supposedly you can't have guns

    Sky News: OAP Pilot Lands On Road:


    OAP Pilot Lands On Road
    Updated: 09:18, Thursday February 08, 2007

    A pensioner [read little old man - ed.] attempting to land a plane mistook a road for the runway, an accident report says.

    He only noticed his mistake when he hit a speed bump.

    The pilot believed he had found the landing strip despite noticing "a kerb to the side and lamp posts to his left", the report continues.

    The 68-year-old, who has not been named, was an experienced private pilot who had clocked up more than 1,000 hours in the air over the years.

    However, he had flown for just four hours in the three months before the accident in August last year and only landed at the Shobdon Aerodrome - the site of the mishap - three times before.

    The accident happened during a solo flight from Coventry, the monthly bulletin from the Air Accidents Investigations Branch reports.

    "When close to touchdown, the pilot noticed that the airfield was different from what he remembered," it states.

    "Shortly after touching down, the aircraft ran over a speed bump which caused it to veer left and leave the road."

    The plane's left wing hit a tree and its right wing was almost entirely sheared off after colliding with a lamppost.

    The pilot managed to escape from the wreck unscathed, although his pride was damaged.

    The road, near Leominster, Herefordshire, was free of traffic - it had only just been built.

    February 07, 2007

    Why WON'T they press charges against her? Sheesh!

    Hooray for airlines kicking annoying people off of airplanes!

    Weird News at Tampa Bay's 10:


    Woman taken off plane for talking on cell phone
    Fort Myers, Florida -  Lee County authorities say a Colorado woman was escorted off a commercial flight for ignoring instructions to stop talking on her cellular phone.

    Barbara-Anne Urrutia, a spokeswoman for the Lee County Port Authority, tells the News-Press of Fort Myers that the woman was being disruptive aboard the American Airlines flight about 9:30 last night.

    The plane flew to Southwest Florida International Airport from St. Louis. A report is being filed with the Transportation Security Administration.

    Urrutia says charges won't be filed against the woman.

    N.Y. lawmaker hopes to ban iPod, handheld use in crosswalks

    So, ya think that maybe they'll make it illegal to cross the street while looking at an advertising billboard, listening to your screaming kid yelling, "I WANT IT," or a co-worker talking to you? Hell, why not make walking while distracted illegal and start handing out tickets to anyone who isn't silently gazing straight ahead? Feh.

    N.Y. lawmaker hopes to ban iPod, handheld use in crosswalks:


    State senator's bill would make it illegal to cross the street tuned into a portable electronic device.

    February 06, 2007

    So... what Karl Auerbach predicted is coming to pass?

    Wired AP News:


    Hackers Attack Key Net Traffic Computers

    By TED BRIDIS
    Associated Press Writer

    >WASHINGTON (AP) -- Hackers briefly overwhelmed at least three of the 13 computers that help manage global computer traffic Tuesday in one of the most significant attacks against the Internet since 2002.

    Experts said the unusually powerful attacks lasted for hours but passed largely unnoticed by most computer users, a testament to the resiliency of the Internet. Behind the scenes, computer scientists worldwide raced to cope with enormous volumes of data that threatened to saturate some of the Internet's most vital pipelines.

    Experts said the hackers appeared to disguise their origin, but vast amounts of rogue data in the attacks were traced to South Korea.

    The attacks appeared to target UltraDNS, the company that operates servers managing traffic for Web sites ending in "org" and some other suffixes, experts said. Company officials did not immediately return telephone calls from The Associated Press.

    Among the targeted "root" servers that manage global Internet traffic were ones operated by the Defense Department and the Internet's primary oversight body.

    "There was what appears to be some form of attack during the night hours here in California and into the morning," said John Crain, chief technical officer for the Internet Corporation for Assigned Names and Numbers. He said the attack was continuing and so was the hunt for its origin.

    "I don't think anybody has the full picture," Crain said. "We're looking at the data."

    Crain said Tuesday's attack was less serious than attacks against the same 13 "root" servers in October 2002 because technology innovations in recent years have increasingly distributed their workloads to other computers around the globe.

    ---

    Senators Introduce Strong Data Breach Bill

    Senators Introduce Strong Data Breach Bill:


    Senators Patrick Leahy (D-Vt.) and Arlen Specter (R-Pa.) today introduced legislation to protect consumers when their personal privacy is compromised by data breaches. First introduced in 2005, the Personal Data Privacy and Security Act is one of the stronger data-breach proposals that have been proposed in Congress. CDT is particularly supportive of a provision in the measure that strengthens oversight of the government's use of commercial databases to collect information about citizens. CDT supports federal data breach legislation so long as it improves on existing protections and does not undermine the strong protections already established by the states.

    Denver clears snow REAL GOOD

    Denver airport is SO good at clearing snow that they have special snow plows on each runway just in case. Oh joy.

    Rocky Mountain News - Denver and Colorado's reliable source for breaking news, sports and entertainment: Airlines & aerospace:


    A snowplow remained on an active runway at Denver International Airport on Friday, prompting the National Transportation Safety Board to open its second runway incursion investigation at DIA in a month.
    The plane got within 200 feet of the snowplow before it came to a complete stop.

    According to the NTSB, the latest incident happened Friday at 5:38 p.m., when a United Airlines Boeing 737 landed after a flight from Billings, Mont., on Runway 26. That is the east-west runway along the huge airfield’s northeast edge.

    When a pilot noticed a snowplow ahead on the runway, he applied maximum, braking power to the jet, including engine thrust reversers, as it completed its landing rollout. The crew brought the plane to a stop on the runway, missing the snowplow by 200 feet on the 12,000-foot runway.

    The NTSB said there were no injuries among the 101 people on board the jet.

    The federal safety agency said the plow had been escorted onto the runway by an airport operations vehicle, which is standard procedure, and that the escort was in radio communication with the air traffic control tower.

    But the plow operator had become separated from the escort vehicle, which had departed from the runway by the time the United jet was landing. The NTSB said it is unclear whether the plow operator was in radio contact with the tower or with the escort.

    Visibility at the time was reported to be 10 miles.

    February 05, 2007

    MPAA LIES? Say it ain't SO

    MPAA's claims about Canadian camcordering are fiction:


    Cory Doctorow:

    Justin sez, "The Canadian media has been running a series of articles in recent weeks claiming that Canada is the world's leading movie piracy haven. Michael Geist dismantles those claims in this Toronto Star article, using the industry's own data to demonstrate that 'the claims are based primarily on fiction rather than fact, featuring unsubstantiated and inconsistent claims about camcording, exaggerations about its economic harm, and misleading critiques of Canadian law.'"

    Not surprisingly, none of these figures have been subject to independent audit or review. In fact, AT&T Labs, which conducted the last major public study on movie piracy in 2003, concluded that 77 percent of pirated movies actually originate from industry insiders and advance screener copies provided to movie reviewers.

    Moreover, the industry's numbers indicate that camcorded versions of DVDs strike only a fraction of the movies that are released each year. As of August 2006, the MPAA documented 179 camcorded movies as the source for infringing DVDs since 2004. During that time, its members released approximately 1400 movies, suggesting that approximately one in every ten movies is camcorded and sold as infringing DVDs. According to this data, Canadian sources are therefore responsible for camcorded DVD versions of about three percent of all MPAA member movies.

    Second, the claims of economic harm associated with camcorded movies have been grossly exaggerated.

    The industry has suggested that of recently released movies on DVD, ninety percent can be sourced to camcording. This data is misleading not only because a small fraction of recently released movies are actually available on DVD, but also because the window of availability of the camcorded versions is very short. Counterfeiters invariably seek to improve the quality of their DVDs by dropping the camcorder versions as soon as the studios begin production of authentic DVDs (which provide the source for perfect copies).

    Link

    (Thanks, Justin!)


    C2 update

    So far so good. Thanks for all the well wishes and hopes for psycho cockatoo to recover. We may be out of the woods for the year. She's starting to feather back out, hasn't ripped anything out (so far) and seems a LOT happier. The ongoing plan is to bring her in for preventative anti hormone shots next Sept. or so. Hopefully happy fun birdo will continue to be happy and fun :-)

    February 04, 2007

    Amidst bloodshed, millions of Muslims pray for peace - CNN.com

    Perhaps if this occurred on a more regular basis from all religions, it would show that the vast majority of members of any religion are anti war and anti violence.

    Amidst bloodshed, millions of Muslims pray for peace - CNN.com:


    TONGI, Bangladesh (AP) -- Some 3 million Muslims put aside their country's violent struggle with political corruption and Islamic extremists and raised their hands in prayer for global peace at one of the world's largest religious gatherings.

    The final prayer Sunday capped a three-day Islamic gathering on the sandy banks of the River Turag in a small industrial town just north of Dhaka, Bangladesh's capital.

    Pilgrims, many of whom left work early to join the prayer, streamed into the site stretching 190 acres along both banks of the river. As the crowd overflowed the space, people arrived at the site on packed boats or climbed onto the rooftops of nearby buildings. (Watch a huge crowd gather to pray )

    The annual gathering shuns politics, which have become increasingly bloody in Bangladesh, and focuses on reviving the tenets of Islam and promoting peace and harmony.

    Participants discuss the Quran, Islam's holy book, pray, and listen to sermons by Islamic scholars from around the world.

    Though extra buses and trains were sent to ferry devotees to and from the prayer site, there was standing room only, even atop the train cars, and many passengers hung on to the sides through open windows.

    Many others simply walked the 12 miles back to the city.

    Kaium Biswas, a local police official, said police estimated the number of pilgrims at 3 million, a significant increase over the 2.5 million thought to have attended last year.

    About 20,000 security officials, including troops, have been deployed to the area of the gathering to prevent violence, said Biswas, after months of often violent protests to push for electoral reform.

    States Take Action to Oppose National Driver's License

    Perhaps more states will continue to figure out that nothing but bad will come of this.

    States Take Action to Oppose National Driver's License:


    WASHINGTON (AP) - A revolt against a national driver's license that began last month in Maine is quickly spreading to other states.

    The Real I.D. Act of 2005 sets a national standard for driver's licenses and requires states to link their record keeping systems to national databases.

    But lawmakers in Maine, Georgia, Wyoming and four other states are expected to soon pass laws or resolutions declining to participate in the federal identification network. About a dozen states have active legislation against the new system.

    An analyst for the National Conference of State Legislatures says many are concerned about privacy issues and the cost of the Real I.D. system.

    The law's supporters say it is needed to prevent terrorists and illegal immigrants from getting fake identification cards.

    Most states oppose the law. But Maryland is one state that is looking to comply with Real I.D.

    The issue may go away, though, if Congress considers legislation to repeal the law.

    RIAA isn't the only one blustering about intellectual property

    It's really too bad that nobody enforces sanctions on groups that overstep their bounds in attempting to prevent Americans from exercising fair use rights. It certainly would curtail these types of over broad ridiculous claims.

    Info/Law on Super Bowl Sunday:


    There is a Super Bowl tie-in to everything from fighting poverty and hunger to accelerating the downward spiral of Kevin Federline’s career. Here at Info/Law we don’t even have to stretch for our connection.


    This week the NFL cracked down on churches holding Super Bowl viewing parties because, the league said, such “mass out-of-home viewing” violates copyright and trademark law. Slate’s “Explainer” provides a decent plain-English explanation of the NFL’s view of the law here.


    This sounds a lot like the short-sightedness of other zealous IP claims made by entertainment businesses (like this and this, to take just a couple of recent examples from a rich history). Arguably, it is even more bone-headed for at least three reasons. Here is why:



    1. The “homestyle exception” under section 110(5)(A) allows the churches to show the game on equipment “of a kind commonly used in private homes” (provided they don’t charge admission — some of them were planning to do so, which is a separate issue). The NFL is telling churches (and newspapers are printing as true) a clear rule that screens cannot be bigger than 55 inches. This is simply wrong. The 55-inch limit the NFL is citing to the churches as, ahem, gospel, is from a different section of the law (section 110(5)(B)) dealing principally with TVs in businesses such as restaurants and bars. The assertion that the bright-line 55-inch rule from subsection “B” transfers to the general “commonly used in private homes” standard under subsection “A” is wishful thinking. Have you been to Circuit City lately? Let’s just say that screens a lot bigger than 55 inches sell quite briskly to private homeowners, and “homestyle” screens will continue to grow in the near future. If you can watch the game on a 70-inch plasma at Uncle Charley’s, you can do it at Fall Creek Baptist Church too.

    2. The league’s claim that the NFL’s licensed trademark in “SUPER BOWL” prevents a church from announcing its “Super Bowl viewing party” is also ridiculous. Trademark fair use is murky, but not that murky. When you want to refer to a company, a place, or an event, and the only realistic way to do it is by using a trademark, you are in the clear — especially where, as here, there is no danger of any relevant confusion by customers. (Some courts have adopted a doctrine of “nominative fair use” to deal specifically with such situations, but even a court that has not adopted the doctrine would allow uses that are purely “nominative” — that is, using the trademark only to refer to the trademarked thing.

    3. As a former Capitol Hill staffer, I predict that the very next day Congress is in session, at least one legislator will introduce a bill exempting churches from liability in homestyle-like settings. There is already a special exemption for “performance of a nondramatic literary or musical work … or display of a work, in the course of services at a place of worship or other religious assembly.” (That’s section 110(3).) Maybe copyright-holders will prevent enactment of such a bill — although there is a pretty strong lobby on the other side of this one. Either way, by picking on such a sympathetic supposed infringer, the NFL is just begging for Congress to reopen the whole issue of “mass out-of-home viewing” and sports, and to do so ill-disposed to the league.


    I am dismayed (but not surprised) to see the news media report this story and include only the NFL’s self-serving legal interpretation.  In fact, as long as churches don’t charge admission and don’t use a screen bigger than one that might be found in a neighboring McMansion, then these gatherings are probably legal.  I hope plenty of churches ignore the NFL’s bluster and go ahead with their plans.