A cool travel link...

The Cloud Travel Blog has this post which lists a lot of cool links if you are traveling abroad. Heck, even if you're dreaming of traveling abroad the links are still cool.

Check it out here.

Tip o' the hat to Ernie the Attorney.

If you want to know about a country check out the CIA Factbook.

Packers still in first and other football news...

The Packers won another game last and are still first in the NFC North. Again, the offense was great. Najeh Davenport filled in admirably for Ahman Green and the running game will be simply insane with his return. Brett Favre was vintage Favre playing in his 200th straight regular season game, increasing his record to 37-1 when game time temperature is less than 35, and broke Dan Marino's record of at least 20 touchdowns in 11 consecutive seasons. Unfortunately, the defense couldn't stop the Rams offense which amassed over 400 yards in offense. Though they did have a few turnovers I'm still not inspired by their pass defense. This week's game at Philly is going to be ugly for us Packers fans.

On a side note, NMSU recently fired Tony Samuel after an 8 season run. Add in today's firing of Tyrone Willingham of Notre Dame and that leaves the NCAA division I with TWO African-American head coaches. That is simply amazing and not in a good way. It is deplorable that there are only 2 African American coaches coaching division I football. Just for reference division I is made up of all the big schools like Notre Dame, USC, etc. and has more than 150 schools involved. TWO out of that many positions? School presidents it's time to step up to the plate.

Back to Tony Samuel who I think did a good job as head coach. In 1996 he brought the first winning season in 35 years to NMSU and attendance had increased dramatically. Unfortunately, all this wasn't enough to save his job. NMSU moves into the WAC next year and hopefully NMSU will make a run for a really good coach. Will NMSU ever be a powerhouse? Probably not but, I hope that NMSU will again step up to the plate and take the lead in hiring a minority coach.

Song Quote of the Day!!!

Boxing shadows in my sleep
It's the company I keep
The perfect exercise
As I grow older

I can't believe what God has done
He took the heat out of the sun
And now it seems the world
Is growing colder

Between the pleasure and the pain
Wishing your life away
No more sinister than sane
Briefing your life away
Between the flicker and the flame
No one can explain
Baby blue is born again

From "Baby Blue" by Emiliana Torrini

The only beer in our list from a truly national brand. The Sam Adams winter lager has been hit and miss in the last 3 or 4 years. This year I like it quite a bit. It has a nice head, good aroma, and a great deep amber color. This is heavier than the Abita but lighter than the others. The flavors aren't as nuanced as the Abita though they are more nuanced. This is a holiday beer that doesn't use a lot of spices. At least not that I can detect. No aftertaste on this beer. Overall, the flavor is pleasant with flavorful hops. If the price stays around 5.50/six pack or so this is a keeper.  

Follow up on Copyright Follies...

Timera raised a few questions which I think will add to the understand of this whole RIAA vs. downloaders mess. Her first question is, "Why was the RIAA not very concerned about piracy when we didn't have computers?" Well actually the RIAA has been notorious for trying to impede every technology that has been created for recording music. It was with much fighting and debating that Congress passed the Home Audio Recording Act which allowed in statutory form the right to record music off the radio and for personal use. Note that it didn't allow for dubbing audio cassettes that would forgo original purchase.

It also instituted a royalty scheme into blank media and products. So the stand alone CD-R that you might have, a small portion of the price is paid in royalties. Also, the media such as blank tapes and so-called music CD-R's (not the ones that work in computers) have a small part of the price set aside for royalties. Another thing that you have to remember is that whenever a song is played on the radio a royalty fee is again paid (here though there is a blanket license scheme.) So that is the small trade-off that the RIAA has accepted. It will allow recording of music off the radio as long as royalties are paid and the radio stations don't announce when the music will be played(this is why you always here in the next 30 minutes we have Korn, Neil Diamond, etc.)

The thing about digital music that scares the RIAA so much is that they are PERFECT copies of the original. They didn't much care about cassette recording because the sound quality noticeably degrades with each subsequent dub. This is definitely not the case with digital audio. On a side note the RIAA pretty much destroyed the early digital market by making sure that the Digital Compact Cassette and the Minidisc never become dominate music playback devices. The same is also true for DVD-Audio and Super Audio CD (for surround playback of music) which the RIAA has pushed for major DRM capabilities in the disc.

Quick note on flea markets which are notorious hotbeds for physical music piracy. The RIAA does enforce copyrights in those venues and goes for the operator of the flea market as well as the vendor.

Second question was "Why the difference between the store-bought CD and the CD I download legally online?" This is a part where I may not have been very clear. With music purchased at a store, that music is covered by copyright regulations and thus you have all the statutory fair use abilities. With music purchased online you are subject to the license agreement. It has been ruled that in most cases, the license agreement trumps copyright regulations. So Itunes and their ilk can decide what you do with the music that you buy online. When you use Itunes you are subject to their license agreement which says you can burn a song to cd 7 times. After that the program won't let you burn any more copies. Thus the joys of license agreements and DRM.

Hopefully that clears some things up.

Here's a Holiday Beer I Would LOVE to try..

go here just for the beer label.

via the Trademark Blog.

With production of only around 300 cases, looks like I'm going to be out of luck unless I can get to Bethelem, PA. Oh well plenty of others to try. Stay tuned.

Last of catching up; FCC, CIA, etc..

The FCC is at it again. If you care about free speech and what you can watch/listen to then go check out this article at Buzzmachine. My take? This isn't that suprising. The FCC has been itching to get in on this for a while now and will be stretching their authority broadly if they are allowed to do it. Further take from Fred Wilson (A VC) here.

The CIA is also at it. I will have to brush up on what the CIA is allowed to do domestically, but I'm pretty sure they can't use their resources to spy domestically. Now this may have changed with the Patriot Act, so I'm not absolutely positive. I'll have to research this at some point.

Finally, a nice article on how to research all the information that the government has.

Catching up: Computers and Internet...

On the computer software front comes these two nice FREE programs. First, is a program called Eraser that truly erases data from your computer. For those of you that don't know when you delete a file in Windows it doesn't truly delete it. It merely puts in the recycle bin so you can restore if need be. Now when you empty the recycle bin the file isn't deleted then either. Windows merely "flags" the hard drive as an area that can have data written on it. So if you have sensitive data on your hard drive and you just deleted it, chances are that it can be recovered pretty easily. So when you want to really delete a file try this little program called Eraser. I've been using it the past week so far and it works very quickly which is a definite plus. Tip o' the hat to I/P Updates.

Another little program for those of you, including me, that can't come up with new passwords all the time. This little program will generate passwords for you. Tip o' the hat to Researchbuzz.

Finally, from the people over at Google is the ability to make a wish list in Froogle. Check it out here.From the Google Blog.

Catching up: HDTV and High Def DVD's

I really, really want to buy a HDTV but have held off because I don't really have the money to afford a good one yet. Many of my friends know that I love to keep current on home entertainment including home theaters. One of the most frequent questions I get is what is the difference between 720p and 1080i. The answer from Home Theater Blog is here. My personal fav for the money are the Toshiba HDTV CRT models (you have a tv that is few years old? That is a CRT TV). If I had a lot of money, I like the looks of Digital Light Processing (DLP) TV's. If I had to hang it on the wall I would go with a front projection TV on a screen.

On another high definition front is the ongoing debate on what will replace the regular ol' DVD. What, replace DVD's you are asking yourself? Yep, hope you didn't buy a whole lot of DVD's in the last 5 years or so. You see regular ol' DVD's only have a resolution of 480p which is known as Enhanced Definition TV. In other words with a progressive scan DVD player and a EDTV you can watch DVD's at their theoretical optimum. Now with the advent of HDTV, regular ol' 480p doesn't look so good. So electronic companies and our good ol' friends, the content providers, decided something more was needed. A couple of issues had to be overcome in order to put High Def material on a 5-inch disc. Basically, you needed a new laser and medium that could transfer lots of data quickly. Since you can only compress this information so much you needed a disc that has lots and lots of room on it. So instead of settling on one format, the electronic companies decided to create two competing, non-compatible formats a la Beta and VHS, and DVD-Audio and SACD. Did I mention you will have to get a new DVD player too? Sorry to be the bearer of bad news.

So now these two competing formats are trying to be the best at producing their product but still aligning themselves with movie providers to have content. If you have followed, the DVD-Audio - SACD (super audio CD)debate you will find that there are irregular releases of material, music that doesn't sound like it came from the same band, and the need to buy a player that can play all formats. As long as everyone is happy I guess. So go over to Engadget for a little taste of who is aligning with whom. Happy movie watching!!!

Getting back on the horse...

After a lovely Thanksgiving, some much needed sun, and a large amount of fine scotch being imbibed it's time to get back to some blogging. Today is going to be a large mish-mash of posts catching up from the weekend(and before)including some posts on software, privacy, and a follow-up to my copyright series. In the next couple of weeks, I will have some more Holiday beer taste testing, some new pictures (as soon the scanner/early Christmas gift arrives) from my past trips to NYC, Colorado and Utah, song and movie quotes of the day, and some discussion on the Wright Amendment. A little further out I will be blogging about my job search. That should interesting... So thanks for reading and let's giddy up!!!!!

Thanksgiving, Turkey and Scotch..

As far as I am concerned that is the recipe for a great Thanksgiving. Since we weren't entertaining the usual crowd, things were very casual at the Hilty househould. Dinner turned out awesome. Unfortunately, we miss the crowd because there is something about cooking for other people. It isn't proving that you can cook, it's the feeling of family. Since we didn't have a crowd this year, I got to have an awesome conversation about family history with my dad. Amazing what your family has done sometimes, without the recognition. As I grow older, I'm amazed how this stories become that much more intersting. It's nights like these that I really enjoy the conversations. Well that's all I have, the scotch is kicking in. So Happy Thanksgiving!!!!

Target : Wake Up Call

First, of all Happy Thanksgiving!!!!

Second of all, check out the link below.

Target : Wake Up Call

I like shopping as much as the next guy but a wake up call so I can be at Target at 6am? I don't freakin' think so. I don't want to be anywhere at 6am much less with other shoppers at Target. Oh my head...

Our first beer up tonight is from Abita(see link below) and is by the far the lightest of all the beers. It is light in color and especially taste. If you drink too many heavy beers before you try this one, you will never taste it. I usually like to start my night off with one of these. It has a very nuanced taste that has little after bite. In other words, enjoy it on the first sip. It has a mild spice flavor and is generally a very pleasant beer. I will be buying more.  

A few of may favorite things...

include Thanksgiving and Christmas. (There you go boo, you gotta title). There is something about Thanksgiving and Christmas that makes me happy. It's probably a combination of a lot of things. Getting to cook all kinds of interesting things (my sister gets her own personal menu when she comes home), the challenge of cooking for big groups since my parents usually have a holiday party, getting to decorate the house, and generally spending time with family and friends. I have great memories of going to Albuquerque Country Club and seeing the entire lit up in luminaries. Here's a recommendation for you, rent a limo and take some champagne. That is totally awesome!!!!

My mother likes to decorate the house by Thanksgiving. A lot of people might say that is too early but it isn't like we are decorating the outside yet. That will come a bit later. The inside of the house is fair game though and why not? If my mothers like to have some Christmas trees all lit up like the 4th of July then dammit she should have it. Isn't that the holiday spirit?

Nonetheless, another thing I really like about this time of the year are the Christmas brews. I like Oktoberfest brews a bit and don't much care for summer brews. Christmas brews are the highlight of the year. Over the past weekend and into this week I've had the opportunity to sample 5 such beers. For fun I'll post some pictures and reviews of those beers.

The five beers coming this week will be: Abita Christmas Ale, Sierra Nevada Celebration Ale, Samuel Adams Winter Lager, Anchor Steam Christmas Ale, and St. Arnold's Christmas Ale. If you haven't tried Abita Turbodog by all means do it, if you like a dark ale with chocolate overtones. I've been drinking Turbo Dog for over 10 years now. It's great stuff, and many stories can be told about the old "hand grenade" (props to El Guapo, "the Drake", the Skipper and Lil' Buddy for the awesome NOLA trip). Anchor Steam is a great brew from San Francisco and I highly recommend their ale. I like Sam Adams Boston Lager though it isn't my first choice. I'm been known to drink some of their cherry wheat as well. But their winter lager is normally high class. Fond memories of when the first and only Bennigan's opened in Las Cruces and my roommate (El Guapo) and I were trying to pay Bennigan's a lot o' money errrrrrrrr I mean complete their around the world contest. Basically you had to sample 100 beers and you got a mug and yer name on a plaque. My roommate and I were the first two people to do it. Anyways, during the winter on Friday's we would happy hour there with a big group (it was the happening place)and the mood of the night was always determined by one question. That question was "Will Hilty order a Sam Adams Winter Lager?" Now remember back then in '95 their winter lager was on tap and about 9 percent alcohol. So if Hilty ordered one of those a good time was to be had by all. Normally, I don't like Sierra Nevada but their celebration ale is normally the exception. Finally, from my days in Houston is Saint Arnold's. Great stuff if you are ever in Texas I highly recommend it.

Ok, on w/ the show.

Back in the day..

I used to own a 1976 MGB. A red one to be exact. In case you have never seen one, a MGB is a 2 door convertible. It had a four cylinder engine, standard transmission and to this day it has some of the best gauges I have ever viewed. On the bad side, it had a nice dent on left courtesy of my sister, and a carburetor that you put oil into(seriously, you put 10 weight oil into the carburetor). It also was prone to blowing out u-joints which were a PITA to replace. Another nice thrill about this car was that it was missing the seal between the rag top and the frame of the windshield. So in a rain storm, you would drive with a nice mist of water in your face.

This car also had another great quirk. You would have to turn on all the power and let the gas pump click away until it had the special clickety-click and then try and start it. If it didn't start the first time, you might as well leave that car because it was going to start. Oddly enough, it was the only car out of all my friends to start in the middle of the great(ok great by NM standards) blizzard of 1990. It was good it started, yet unfortunate, because jumping another car's battery from an MGB isn't as straightforward as one would hope. This is because the battery is BEHIND the passenger seat. So you have to fold up the back of the top and jump away. Remember kids, safety first.

But I digress, I learned a lot about working on cars while I owned it. Luckily by the time I became a senior in high school, the MGB was sold. So where in the hell am I going with this post? Well from Autoblog is this link to the new MG concept car. I can't buy one here in the US but I have to admit I really like the looks of it. God help my soul, I may really like this car. Flashing back, flashing back...

We found Mrs. Cubbison and apparently her first name is Sophie. I had no idea.  

Copyright Follies.. Part 5... Issue #3

In the earlier posts, I have examined some of the law behind copyright infringement and why the RIAA has continued to file suits when the evidence mounts against its effectiveness. The RIAA has chosen to file lawsuits rather than to stem physical piracy, enhancing global intellectual property rights, stop piracy from within (especially with respect to movie downloads, where the majority of movie piracy is from studio sponsored screeners) and most importantly give consumers the option to legitimately buy music. Now when buy music online (and movies) you buy it encumbered by a digital rights management scheme. So I will pose issue #3 like this: with copyright law failing to stop mass downloading, companies are trying to implement Digital Rights Management programs and what are the effects? What is DRM, why do they use it, does it work and why this further pushes people to download. This will be an exploration into the mind of a legitimate user and their descent into the world of copyright infringement.

As a starting point let's explore why copyright is ill suited to deal with downloading issues. From Douglas Lichtman:

Copyright law has had a hard time discouraging illegal activities of this sort, the primary reason being that the large number of bad actors makes normal legal process prohibitively expensive. The law could in theory still deter either by significantly increasing the penalties associated with these illegal acts, or by finding some strategy to lower the cost of bringing each individual case. Neither approach, however, holds great promise.

Further more Mr. Lichtman says this:

This landscape changed significantly, however, with the introduction of digital rights management and related mechanisms that allow content owners to opt out of copyright law and instead rely on encryption and monitoring technologies to control access to their work. Encryption and monitoring allow a content owner to package content such that it (say) stops functioning after a predetermined number of uses, or can be accessed only from a specifically licensed geographic location. The implication is not merely that authors can use the technology to expand on copyright law's default package of rights while rejecting copyright law's policy-motivated limitations, but also that authors can use it to assert control over phone books, databases, and other subject matter that the copyright system would leave in the public domain.

So copyright owners are moving out of an ill-suited (at least for mass infringement) scheme in favor of another ill-suited scheme.

Digital rights management simply put is a method for controlling how a digital copy will be used. In many cases, it causes a song to be played only within certain programs or on certain players. Cory Doctorow gives an example here:

If you buy into a proprietary platform where the music industry gets a veto, you're screwed. Every time you buy an iPod, you are financing legal and technical countermeasures aimed at taking away legitimate features that enable you to do more with your lawfully acquired music and hardware.

In other words, Apple saw that there was a program out there that they didn't want to be associated with the Ipod. So they had their lawyers shut down the sites hosting the program and then engineered Itunes so the program wouldn't work anymore. Very nice tactics.

Let's check out another telling example(this time from the TV industry):

Read your review about AnyDVD. Sounds great, but here's my problem:

I purchased a $2,000 Gateway Media Center PC a few months ago for the express purpose of 1) recording my favorite HBO shows (Sopranos, Six Feet Under, etc.) and burning DVD's for my private collection; and 2) converting my home videos to DVD. All has been going fine, until 2 nights ago.

I recorded Six Feet Under and then opened up Sonic MyDVD, as usual, to import the video, edit out the beginning and ending junk, and burn a DVD for my personal use.

I got a message saying it couldn't be done because the file was copy protected! Huh?
...
So, what is this person to do? I told him about Overnet/EDonkey, and now the P2P service has another happy customer, and he has his shows, burned to his personal DVDs for his personal use.

So instead of changing their business models, the content providers have decided to offer that content with lots of encumbrances. How does this help the every day user and stop professional pirates? It doesn't. Again from Cory Doctorow:

Here's the social reason that DRM fails: keeping an honest user honest is like keeping a tall user tall. DRM vendors tell us that their technology is meant to be proof against average users, not organized criminal gangs like the Ukranian pirates who stamp out millions of high-quality counterfeits. It's not meant to be proof against sophisticated college kids. It's not meant to be proof against anyone who knows how to edit her registry, or hold down the shift key at the right moment, or use a search engine. At the end of the day, the user DRM is meant to defend against is the most unsophisticated and least capable among us.

So let's be clear here, the content providers go out of their way to hamper the personal use of their products without stopping piracy at any level. In other words, a legitimate user at some point will get tired of trying to stay within the confines of the DRM system and go outside of it.

If music was sold without DRM encumbrances would there be continued piracy? Probably, because there are consumers who will continue to flaunt the copyright system and will continue to illegally download music. But then again most people speed. Is it still illegal? Sure is, but we haven't started putting speed governors on people's cars yet? As we have seen, all digital rights management is a speed governor on copyrighted material. Just as people figure out how to defeat speed governors, so to will they figure out how to circumvent digital rights management systems. But when legitimate consumers have a chance to buy music and movies unencumbered and play it on any device of their choosing they could make lots of money. Unfortunately, considering the RIAA's past track record this isn't likely.

So ultimately, the RIAA and its ilk are trying to control the way people are listening and viewing their content. Instead of providing a means for legitimate purchase they go out of their way to encumber it with DRM. They want to charge for every conceivable future use of their products all in the guise of bolstering sales. Will it work? Only time will tell. The key is recognizing what is happening and choosing to do something about it. That's all for the series.

Donald Trump...

Your... errrrrrrrrrrr I won't make that lame joke here. No I won't. I won't do it. You can't make me.

Ahhhhhh...

Another weekend has passed. Dallas has had about 10 days straight of cloudy weather. Cloudy weather does not help my emotional stability. I get irritated, get grumpy, and am a general PITA. This is the main reason I will never, ever move to Seattle. I know, I know it's sunny there. Whatever, I went to school in Las Cruces, NM where the sun shined 310 days a year. That's what I need. I love the sun. I don't want to bake in it, I just want to see it. This weekend proved odd for me. On a sports standard, What a WEEKEND!!!... NBA brawls, the Cowgirls errrr.. Cowboys losing, the Packers winning. Progress was made on the Hilty organization and Christmas front.

More importantly, on a somber note, Grandma Hilty is in the hostpital. Her daughter, my aunt Sue, also finds herself in the hospital. It goes without saying, our prayers and thoughts are with them. What kills me the most, is not knowing what to say to my dad during this time. Should I be upbeat and talk non-chalantly about nothing, or should I strike into the heart of the matter. The good thing about my dad is he pretty much lets me know where I should go. My dad is a strong man, to say the least. You see the things he has seen and everything else seems less important. Not so much you shouldn't worry about it, just that in the greater scheme of things, the little things don't matter.

From that standpoint, the weekend wasn't the greatest. In fact all that was accomplished, pales in comparison to our thoughts of well wishing and hoping for the best. Frequent phone calls to those family members in the know, and doing what little we can from so far away is all that matters. It just makes those phone calls at unexpected hours, that more uncomforting.

That's all from me. I bid you adieu. To my beloved grandmother and Aunt Sue, may your strength overcome this battle. Our thoughts and best wishes are with both of you.

Song Quote for the Day...

In honor of my long ass post from Friday night, here is the song I mention.

Drive boy dog boy
Dirty numb angel boy
In the doorway boy
She was a lipstick boy
She was a beautiful boy
And tears boy
And all in your innerspace boy
You had
hands girl boy
and steel boy
You had chemicals boy
I've grown so close to you
Boy and you just groan boy
She said comeover comeover
She smiled at you boy.

Drive boy dog boy
Dirty numb angel boy
In the doorway boy
She was a lipstick boy
She was a beautiful boy
And tears boy
And all in your innerspace boy
You had
hands girl boy
and steel boy
You had chemicals boy
I've grown so close to you
Boy and you just groan boy
She said comeover comeover
She smiled at you boy.

Let your feelings slip boy
But never your mask boy
Random blonde bio high density rhythm
Blonde boy blonde country blonde high density
You are my drug boy
You're real boy
Speak to me and boy dog
Dirty numb cracking boy
You get wet boy
Big big time boy
Acid bear boy
Babes and babes and babes and babes and babes
And remembering nothing boy
You like my tin horn boy and get
Wet like an angel
Derail

You got a velvet mouth
You're so succulent and beautiful
Shimmering and dirty
Wonderful and hot times
On your telephone line
And god and everything
On your telephone
And in walk an angel

And look at me your mom
Squatting pissed in a tube-
hole at Tottenham Court Road
I just come out of the ship
Talking to the most
Blonde I ever met
Shouting
Lager lager lager lager
Shouting
Lager lager lager lager
Shouting...
Lager lager lager
Shouting
Mega mega white thing
Mega mega white thing
Mega mega white thing
Mega mega
Shouting lager lager lager lager
Mega mega white thing
Mega mega white thing
So many things to see and do
In the tube hole true
Blonde going back to Romford
Mega mega mega going back to Romford
Hi mom are you having fun
And now are you on your way
To a new tension
headache

Born Slippy by Underworld

Never put the game in the "hands" of your kicker..

Unless it is Ryan Longwell.

An awesome 47 yard field goal that looked off to the right, that looked too short, and ultimately WAS GOOD!!!

Brett Favre, yet again, showed his genius in leading a Packer team riddled by injuries to their running backs Ahman Green and Dajeh Davenport. A brilliant performance. The defense was respectable holding the anemic Houston offense to 13 points.

The only qualm with the game was the horrible offensive pass interference call on Donald Driver in the 4th. Call the game strict or loose. Just choose how you will call it, Mr. Ref. Pick one or the other. That's all we ask. Other than that a pretty well officiated game.

Overall Packer performance, a solid B . A "B" only because of Brett's A plus performance. (hahahah.. that was weak..) I promise to better next week. Packers still in first place. Gidddy up.

Copyright Follies.. Part 4... Issue #2

Here comes part 4 of my look at the RIAA vs. the consumer. I framed issue #2 like this: If copyright law says downloading is illegal, but current lawsuits are doing little to stem the tide of downloading, why does the RIAA continue this ill begotten policy of suing its customers? Here I want to explore the tactics of the RIAA and why they probably aren't working as planned. Also, a hit on what I believe is the greater piracy issue: global copyright infringement.

Mark Cuban, owner of the Dallas Mavericks and HD-Net, does a very nice job of framing the issue here. He says:

This is the only industry in the world that can see thousands of its retailers close, reduce the number of products it sells via cutbacks in artist rosters and albums released, cut back marketing and promotional dollars and then blame a reduction in sales on someone or something other than themselves.

That big bad bogeyman of piracy is blowing down everyone's house. The poor music industry. Except of course that there is nothing more than anecdotal proof that Peer to Peer networks hurt music sales, and to counter those, there are studies and anecdotal evidence that the sampling opportunity that P2P networks create actually help sales.

Let me quote two other articles from Wired. According to this article:

Peer-to-peer traffic has not declined despite the music industry's aggressive pursuit of illegal file sharers, according to a new study.

Then check out this article which states:

A file-sharing program called BitTorrent has become a behemoth, devouring more than a third of the internet's bandwidth, and Hollywood's copyright cops are taking notice.

According to Wendy Seltzer in this interview at Engadget when asked what the RIAA lawsuits are accomplishing:

Turning off a lot of music fans. The lawsuits haven't significantly cut the use of P2P filesharing, according to BigChampagne and other measures. The record labels continue to file suits against Doe defendants, a few hundred at a time, but they haven't really changed people's behavior ... Until the music industry or a few big players move away from suing customers to meeting their demands, we're at a stalemate.

Just for fun, let's check out what artist Jeff Tweedy, of the band Wilco, thinks of all these suits:

WN: What if the efforts to stop unauthorized music file sharing are successful? How would that change culture?

Tweedy: If they succeed, it will damage the culture and industry they say they're trying to save.

What if there was a movement to shut down libraries because book publishers and authors were up in arms over the idea that people are reading books for free? It would send a message that books are only for the elite who can afford them.

Stop trying to treat music like it's a tennis shoe, something to be branded. If the music industry wants to save money, they should take a look at some of their six-figure executive expense accounts. All those lawsuits can't be cheap, either.

[..] Tweedy: A piece of art is not a loaf of bread. When someone steals a loaf of bread from the store, that's it. The loaf of bread is gone. When someone downloads a piece of music, it's just data until the listener puts that music back together with their own ears, their mind, their subjective experience. How they perceive your work changes your work.

Treating your audience like thieves is absurd. Anyone who chooses to listen to our music becomes a collaborator. (via Wired)

Finally, what the music industry itself says about downloading from this article in the Economist:

According to an internal study done by one of the majors, between two-thirds and three-quarters of the drop in sales in America had nothing to do with internet piracy. No-one knows how much weight to assign to each of the other explanations: rising physical CD piracy, shrinking retail space, competition from other media, and the quality of the music itself. But creativity doubtless plays an important part.

What these articles(and many more) show is that file-sharing is by no means slowing down. Consumers aren't frightened by the lawsuits and simply move on to other methods of piracy. It's clear that not all musicians are in favor of the tactics and somehow the RIAA has dedicated itself to filing lawsuits. It's clear that there are less and less artists to choose from, and all the music on radio and MTV sounds exactly the same. So the question becomes, why does the RIAA (and the MPAA) continue to file lawsuits? This is the most interesting question but before we get there, I'd like to explore HOW a RIAA lawsuit is filed.

According to this article, by Anita Ramasastry, at Law.com the process goes likes this:

It files a "John Doe" lawsuit based on an Internet Protocol (IP) address connected to P2P trading via Kazaa, Grokster, Limewire, or another, similar system. The suit is often filed in the jurisdiction where the relevant Internet Service Provider (ISP) is located.

Once the suit is filed, the RIAA subpoenas the ISP to force it to disclose the real name of the "John Doe" associated with the IP address. That person, however, is not necessarily the file trader - it may instead be a relative, college roommate, or landlord. And neither that person - nor the file trader, if he or she is a different person - is given prior notice and a chance to fight the subpoena.

Now the RIAA, gets your Internet Protocol (IP address which is uniquely assigned to each computer) for the subpoena by going on to P2P services and looks who has music available for download. If you pass a certain threshold of songs (about 1000 songs) they are coming after to you. Note that the RIAA has absolutely no idea who they are suing which is why you get 10 and 12 year-old kids into the mix. Now this isn't a criminal proceeding here, so intent(actually its called mens rea but intent will work) isn't necessary. They are merely going to show that you had 1000 songs available to download.

Now notice two things here. First, the RIAA is primarily sticking to P2P services like Grokster, Limewire, and Edonkey. Second, they are only going after uploaders of music and not the downloaders. The RIAA is sticking with P2P services because they are the easiest and most widely used method for trading music files(though bittorrent is moving up fast). As I mentioned before, they merely log on to one of these services and see who has what available. If a certain threshold is passed the RIAA considers suits. Now let's consider the uploaders only issue. This is fairly self-explanatory. Stem the tide of songs and there will not be anything out there to download AND more importantly, you save a lot of money doing it. Imagine the sheer complexity of going after every person that has downloaded a song off the internet. How many millions and millions of people are you discussing. Then imagine all of the lawsuits that you would have to pursue in the United States. Then imagine how you would file those lawsuits in countries where copyright is not recognized. Couple this all together and you start to see why the RIAA quakes in its boots.

Quickly, I want to touch on one thing that I mentioned above. Global piracy is a very interesting issue though not much is known about it. Global piracy has more is based more in physical piracy rather than internet piracy. This is due to the fact that many countries don't have broadband internet connections like developed countries. Does this mean that China or Mexico doesn't engage in global piracy? Hell no, they are big time players in physical piracy. Physical piracy occurs when someone takes a cd of music or software and copies it to another cd and then sells it. Imagine, Windows XP being sold for 5 dollars a copy in China. It happens and it happens with music as well. So instead of trying to coordinate with other countries to help them enhance their intellectual property laws and stem physical piracy, the RIAA has chosen to sue the AMERICAN consumer. So going after 280 million domestic downloaders is much easier than going after what I perceive is going to be the bigger issue over time. I'm hoping you are starting to get a flavor for the mindset of the RIAA.

It's not that I don't have sympathy for the RIAA, I do have a little. I certainly do not advocate copyright infringement. If we want music we should pay for it. Yet with their ongoing lawsuits and tactics it should be relatively clear that these methods are not working. Yet they still stick with them. With this in mind, I want to move into the RIAA mindset more with some thoughts on digital rights management. In the few cases that the RIAA has allowed music to be downloaded, they have made it so encumbered with protections that it drives consumers back to illegal downloading. This will help us understand why the RIAA and the MPAA do what they do. I'll give you a hint: self-preservation and control of what YOU listen and watch.

Copyright Follies.. Part 3... Issue #1

As I stated in part 2:
Issue #1: This issue can be described in a multitude of different ways but I think it's easiest to look at the illegality of downloading. This issue is pretty cut and dry but it's helpful to have some basic definitions and concepts explained. So I'll explore some copyright law including fair use.

For our purposes, let's lay out the definitions for what is copyrightable and how the law defines a copy. First, U.S. copyright law( I saw U.S. law because our law is not applicable outside of the U.S., so the RIAA can't go sue someone in Russia) applies "to works of authorship fixed in a tangible medium form which the work can be perceived directly, or indirectly with the aid of a machine." (17 USC 102) Audio works can be particularly confusing because of the different copyrights that can be created. One copyright is created when the song is composed(the composition) and another is created when the song is recorded(the sound recording). The RIAA is typically concerned with the sound recording beacuse this is what is published and where royalties are garnered. So a sound recording is copyrightable (and in fact has a copyright) the moment it is recorded to audio tape, digital audio tape or a hard drive (to list a few examples).

Once a copyright is created, (a copyright should be registered. but isn't absolutely necessary for its enforcement) then the issue shifts to what counts as a copy of that sound recording. According to U.S. copyright law, a copy is a "material object in which a work is fixed by any method now known or later developed, and from which it can be perceived, reproduced, or otherwise communicated directly or with the aid of device."(17 USC 106(1)) With respect to this issue, a copy is made when one downloads a copy from the internet whether it be through P2P, the IRC, or the like. In fact this is what worries the RIAA the most, is that all copies can be a perfect, exact copy of the original.

Let's summarize where we are at. First, sound recordings are copyrightable and when you download you are making a copy. This matters because it is a key element of copyright infringement. So for a copyright infringement case there are two key elements. First whether the defendant copied the first work and second, whether the copy was a wrongful appropriation. (Nimmer, Information Law 4-8). So when you download a song a copy is being made and if that copy hasn't been paid for or authorized by license, the copying was wrongful. So from the RIAA's point of view these cases are pretty cut and dry.

Now the concept of fair use is much ballyhooed in downloading circles as a means for justifying copyright infringement. Unfortunately, as most things are it isn't that simple. For some flavor to this issue Wendy Seltzer, from the Electronic Frontier Foundation (EEF), was asked in an Engadget interview whether P2P has even been declared as NOT being fair use. Her reply:

It’s really hard to talk about “P2P file-sharing” in the aggregate - some of it is authorized, some of it is fair use, and some of it is infringing, depending on the particular circumstances. Downloading songs to use snippets in a classroom presentation, to sample before purchase, or to save time ripping your own CDs, might be fair, while downloading to substitute for purchase would clearly not be.

So in limited circumstances there might be fair use but fair use is in great flux. Many cases are NOT brought to court because litigating using a fair use defense is fraught with danger. See Fred von Lohmann, from EFF, said this in an article from Law.com:

Fair use is generally understood as an affirmative defense. This leaves a fair user at a distinct disadvantage in litigation. First, until a copyright owner sends a concrete threat of litigation, the fair user may find it hard to get into federal court for lack of standing. Second, even if a threat letter creates standing sufficient to support a declaratory judgment claim, the copyright owner can moot the case at any time by issuing a covenant not to sue. And no matter the outcome, the fair user will likely be stuck footing her own attorneys' fees. (via EFF)

Are some things still legal? Yes, you can still legally record music from the radio, you can listen to music online(and it is my belief record that music since royalties are being, though the RIAA doesn't agree with that for other thoughts see here), and you can make a mix cd for a friend. You can probably even share a few songs between friends via e-mail. This much is clear, downloading and distributing music online is illegal in most cases. This is why the RIAA has such an easy time settling cases. They are on firm legal ground and very few defendants have the monetary means to litigate a case. So with the RIAA on firm legal ground, why isn't this the end of the story? I believe, along with many others, that there is a better way to stem downloading without resorting to mass lawsuits. In the next question, I want to explore some of these issues.

Song Quote for Right NOW!!!

Well they call me Mike D the ever lovin' man
I'm like spooney G well I'm the metropolitician
You scream and you holla 'bout my Chevy Impala
But the sweat is gettin' wet around the ring around your collar.
Like a dream I'm flowing without no stoppin'
Sweeter than a cherry pie with Ready Whip toppin'
Goin' from Mic to Mic kickin' it wall to wall
Well I'll be callin' out you people like casting call
Well it's whack when you're jacked in the back of a ride
With your know with your flow when you're out gettin' by
Believe me what you see is what you get
And you see me I'm comin' off as you can bet
Well I think I'm losin' my mind this time
This time I'm losin' my mind that's right I said
I think I'm losin' my mind this time this time
I'm losin' my mind.

Yeah, you can't front on that.

So Watcha Want, by the Beastie Boys.

Movie Quotes for the Night...

One of the all time great 80's movies is on a local Dallas station tonight.

Weird Science. I love this flick.

Wyatt: Why are we wearing bras on our head?
Gary: Ceremonial.

More to come through the night!!!

Chet: The booze hounds return.
Chet: How 'bout a nice greasy pork sandwich turned in a dirty ashtray?
Chet: He pukes you die.

Gary's mom: Did you think Gary was acting a bit strange tonight?
Gary's dad: Gary, who in the hell is Gary?

Wyatt's grandparents: There's nothing more than a teenage boy enjoys more than a visit from his grandparents.

Gary's mom: Al, Al that was Gary.
Gary's dad: Who is this Gary character?

More remodeling. Ok not so much remodeling but organizing. This is our newly organized cupboard shelves. By using shelve dividers our cutting boards, muffin pans, etc. are all organized.  

OH FLOCK THIS!!! It is nearing Christmas decorating time at the Hilty household and my mother really likes "this family of trees." Since they are alpine trees we figure that they should be flocked. Apparently, I'm very good at shaping little alpine trees since I got to do all six. That was fun. NOT. So here we go!!! 

GCOL #4 ... Choose Life...

Before I get started I thought I had a title for this post; choose life. Blog mate Jason suggested these titles: Scott presents the Downward Elevator, Being Stuck by a Prick, The Light at the End of the Tunnel... Is Just an Oncoming Train. Helpful as always, Jason, thanks ;)

We'll get back to the dating post at some point when I'm more in the mood to date. Until then, I'm going to jump into a little post on choosing life. Hang with me here, I promise this will go somewhere. Where exactly? That I can't answer, but its going to go somewhere. That is my promise to you. (How's that for some lawyer doublespeak?)

Earlier, I posted one of my all-time favorite movie quotes. In case you are wondering and haven't seen the movie, Trainspotting, is a funny, yet harsh look at the world of heroin addiction. It's based on a book, of the same name, by Irvine Welsh. Frankly, the book makes the movie seem like a children's play. But I digress, the movie has great actors, great music, great dialogue and an actual story. You are probably saying "hey loser boy, heroin addiction, real effin' funny. I bet it's a laugh a minute." Is it a laugh a minute, of course not. Is it a really good movie that has some really funny parts, it sure as hell is.

I'm not here to debate the overall qualities of the movie. I'm here to focus on that quote because, interestingly enough, the quote has had a lot of meaning in my life of late. To give the quote some context, it is spoken twice in the movie. It is first spoken at the beginning of the movie, when our "hero" Renton, has decided to move back into his seedy world. The quote is repeated at the end of the movie, when Renton has exacted sweet justice on the two friends who didn't give a shite about him and he has decided to choose life. While Renton is speaking, in the background there is a song from Underworld called "Born Slippy". For whatever reason that song, to me really emphasizes the impact of his decision to choose life. It's one of those songs that you make up your own lyrics to, and when you read the real lyrics, you're like WTF.

To me that quote has never been about life or death. In fact, I think to view the quote as a question of life or death is totally missing the beauty of it. It is someone stepping up to the plate to answer some hard, unpleasant questions. I mean the questions are right there in the quote. Just for some self-flagellating fun, I'll answer some of those questions tonight. (I know, I know "self-flagellating isn't a real word, but self-flagellation is, and I'm a wanna-be lawyer so eff it, it's my co-blog and I'm the head bitch).

So let's giddy up into the psyche of your host, Scott. Choose life? Check, giddy up, never thought anything different. I'm too big a bitch not to live. Still have cancer mood swings? Check. Still a pain in the ASS? Double giddy up. To quote Breakfast Club, "you mess with bull you get the horns." (OH so lame). Next question, please. Choose a job. Next question please. Choose a career. WHAT THE F*CK, you dirty rotten SOB... how dare you ask me TWO job-related questions back to back. Who in the hell do you think you are? (In case you are wondering that is my evil twin Ike).

Ok the career/job question. Yes I would like one. Technically, I'm trained to be a lawyer. In fact I'm trained to be a bulldog intellectual property attorney. Not only that, most professors and lawyers think I'm pretty bad ass. Hell, I've got my Juris Doctorate, passed the Texas Bar Exam (4th hardest in the US) and I'm finishing up my master of laws. Pretty nice items for a resume, don't ya think? Well whoopie FUCKING do!!!! What does all that mean? It means I busted my ass,(hardly) but in terms of the real world, I haven't done shite but go to school. So here I bloody well stand, going well I'm supposed to be a lawyer now and guess what I don't wanna. (Toss in temper tantrum here).

I promised some self flagellation, so let's get to work. Hey bro, uh no offense, you could be making like $100k a year. Yes I know that, thank you for reminding me. Dude you spent like 5 years doing all this law stuff and you don't want to practice? WTF? Yes, I know and I spent like $100k doing it. Who is the smart one now? So now big stud wanna be lawyer what are you really qualified to do? Well, I can build you a computer and re-wire your kitchen, how's that sound? Oh btw, I can cook lunch for the crew. Well that's just really super freakin' duper, so let me translate this you can't do shite? Yep, basically. I don't have any real world experience and I want a job that doesn't exist.

Dude, cry me a river... you still have a blog to write on and no one is beating you up every day. So quit yer whining and get a freakin' job. Yes, you are exactly right I have nothing to whine about. So about that job, do you have one for a recovering lawyer, wanna be businessman who is overqualified for a salesman position? Yeah, sure whatever sucks to be you... lawyer boy. Next question, please.

Choose family. CHECK!! Awesome family, they support my decisions, don't give me too much shite and are there when I need them. Everything is awesome on that front, thanks for asking!! Big tv? I had a BIG ONE in 1990's terms but that's an issue for another time. Let's move on to something with more meat. Ok, fine by me.

Choose your friends. Wow, you are asking some fun questions tonight, not. Friends, yes I like them. In fact, once upon a time I thought I knew everything there was to know about friends. I thought I knew how to make friends and keep friends. Well before I answer that let me give you a little friend history. I've always been good at making friends and pretty good at keeping them. Unfortunately, I live in a town where my friends aren't close and I don't get to see them as much. Not to mention most of them are married, which I assure you is great, just not conducive for partying visits. Sure there is the rare visit to Dallas, but usually it is upon me to go visit them. For the most part I don't mind doing that, except that it reminds me I'm the single one. OHHHHHHH, great, some more whining... do you always have to be a whiner?

WELL... I try not to be, I guess my answers sometimes seem like that. Let me get back to my earlier point. I'm blessed with great friends. I mean friends that you have your back. Some people say they only have one best friend in their life and I have 4 of them. Four freakin' guys that have my back no matter what. Those are some good odds. Well look at the big man on campus, four best friends. Honestly, I'm just lucky and met some people who can put up with my shite. I have almost lost a couple of them and that wasn't fun. Example? Well, one friend who I have known since kindergarten got married about 1 1/2 years ago. Frankly, I wasn't very supportive of the union. It wasn't because I didn't like her, I did, I guess I thought knew better than he did on his life. More importantly, I didn't want to lose a friend and that was my perception. A friend getting married means I lost them. I knew better but for some reason every time a friend gets married, I go into some freaky friendship courtship. It’s like I have to win them back to be my friend. May I recommend some counseling? Very funny, go for it.. recommend all you want. Nonetheless, it has take some time but I realize they are still my friends, our friendship has just changed. When then want advice they will ask and I need to keep my thoughts to myself. That's nice and all, pretty presumptuous, but what about now?

With most of my best friends, I've been lucky. They have been good to put up with me, listen to me rant and offer advice, even when I don't think I need it. (Fine job, El Guapo!!) That's nice. Isn't it? Unfortunately, now I stand at the crossroads. You, the person that can't decide on a job? NOOOOO, say it isn't so. Well I'll be frank with you, I'm at the point that I'm seriously evaluating a lot of things in life, including friendships. I have to admit that is a hard thing to say. It's selfish, presumptuous and probably not a prudent thing to do. That being said, here I stand. In the past month, I've been on a roll. Not a fun roll mind you, just a roll of self evaluation. So being needy? Possibly, I'd like to think of it as inner growth or some bullshit like that. This is the first time in my life that I have ever questioned my role in my friend's lives and their roles in mine.

Let me digress on that point quickly. Quickly, he says. Umm this is like 15 pages all ready. But if you must, then you must. Friendships grow, adapt, and change. That much is obvious. A good friend is one that lets you know where you stand. This is where YOU stand. I'm pretty damn self-confident in all but 2 areas, those being dating(yeah the postponed one) and friendships. So back to questioning my role. I guess that little lack of self confidence likes a push in the positive direction every once in a while. Not so much a thank you, but an effort to say, "Hey what's up you have helped me out with this." Maybe it's an acknowledgment that my friendship counts. Dude, seriously, they still talk to you right? Of course they do, but I'm wondering if that is enough.

Well welcome back Mr. Goody Two Shoes, look at HIM!!! I said this was going to be selfish. Well at least you got SOMETHING right. So let me get this straight, you are basically saying you have friendships to burn? WELL, if that isn't an ASSHOLE thing to say. Touchy, touchy Mr. Cancer boy, Mr. Mood Change... Hey, bite me!!! This post is about CHOOSING LIFE. I'm still trying to figure everything out. Get to the effin' point eh? I'm trying dammit, this isn't as easy as one would think.

Ending friendships, is never easy nor fun. I don't like to do it. In fact, I have been known to go out of my way not to do it. It always comes very reluctantly and with a lot of pain. Us Cancerians do not let things go easily. Oh nice drop some Zodiac shite on us.. dork.. Well it's true, once we have decided we want something, letting go of it isn't easy. Heaven forbid you date one of us. So I'm at the point where I'm evaluating what I'm getting out of my friendships. It's all about me. Me, me, me, me!!! Hey, don't back talk me.. .it is about me.. well at least sort of. I'm running out of steam trying to be the "friend to everyone". In a weird way, that's what I try to be. My lack of self confidence manifests itself in a need to please my friends. You could just let them ask for help. I could let them, but I don't, and when they don' ask, then I think it is because of me. So now what? Well I guess there are two ways I can go. First, I can let things be and just go with the flow. Second, I could just ask and see where I stand. Interesting and if they say, you rock? Yep that second one doesn't sound too good does it? Nope. Sounds like you are asking for something more. I probably am, but it sounds needy. You needy? Ummm hey you didn't write all THIS and not sound needy... jackass. I guess you are right. I guess what I want is my friends to call me up for once, out of the blue. I want them to make an effort to come visit me instead of them asking for me to come visit. I don't know just something to let me know that they want to be friends. Maybe a little more on the equality front.

I have a feeling that isn't all of it. Of course not!!! This is the part I like to call the "misinterpretation of a friendship", reading what isn't there with your female friends. Uh oh.. you are a misinterpreter? OH HELL YEAH!!! Giddy up!!!! This section will probably make little sense to anyone but me, so here goes nothing. (This is the only section that doesn't make sense.. yeah right). I have the uncanny ability to misinterpret a friends (especially female friends) verbal and non-verbal language. It's actually kind of funny, the girl I like doesn't like me but her friend does. I will sit their oblivious to the world and all of sudden her friend is like, "do you like me." Ummm, who are you again? Very smooth, you are the lady killer aren't you? OH yeah!!! Too put it mildly, sometimes I wonder how I have ever dated someone. That being said, this trait has only got worse as I've gotten my legal training. I'm trained to analyze words and phrases. Mix that into trying to figure out what a woman says or writes and therein lies the problem.

Ok, so you misinterpret... big deal.. unless you have done this with friends? Yep, sure have a few times actually. A few times ?!!!? Hey what can I say. Most of my girlfriends have been friends in the past. I've been known to cross that line. I knew the line was there, and I crossed it anyways. I'm 50/50 at this point. If I may quote a song, "The Damage is Done, So I guess I'll Be Leaving". Oh yes, fine job. Really good quote. So normally you just end the friendship? Normally, yes but I'm trying real hard to rise above that tendency. It isn't going so well.

Just because this is a rare night, let's toss in some more self-flagellation. I'm not typically a jealous guy. Uh-huh, I can tell... NOT. No really, I'm not the jealous type. My lack of self confidence only kicks in during the dating phase. Once I have the girl, then I'm very mellow. Likely story, you actually expect anyone to believe that? Ummm, well. I guess it sounds too good to be true. Duh!! Well, I guess once I've been invited into her life, then I don't feel the need to worry about things. Though the period, between I'm the guy, and she's still debating can be rough.

So that's nice but you still crossed the line didn't you? Yep, sure did. More than once. Then what happened? Well there was always a dilemma, whether I could still be around. Kind of pathetic, but you toss in the pseudo jealously and hey shite happens. Comments that once meant nothing are misinterpreted into perceived slights and other fun stuff. I guess parts of me believe it is easier for all involved, especially myself, to just go away. So you are choosing life, what about now? I guess that is still up in the air. I have no answers on that one. Let's leave it there. Yes, that's a good idea. Still lots of life to choose.

Choosing leisurewear and luggage? Ummm I only wear Hugo Boss suits and carry garment bags, so next question please. Choose DIY and wondering who the f*ck you are on a Sunday morning? Yes... and YES. Next question.

Choose sitting on that couch watching mind-numbing, spirit-crushing game shows, stuffing f*cking junk food into your mouth. Every once in a while, I do like to do that.

Choose your future. I'm trying. It hasn't been fun.

Choose life. Check!! Though things are changing and I have no idea if they are for the better. Only time can tell. But I'm choosing life!!!

No sir, I don't like it...

Not one bit.

How dare they try and do THIS!!!
Remake Evil Dead without Bill Campbell? I'm speechless.

Movie Quote of the Day...

Choose Life. Choose a job. Choose a career. Choose a family. Choose a f*cking big television, choose washing machines, cars, compact disc players and electrical tin openers. Choose good health, low cholesterol, and dental insurance. Choose fixed interest mortgage repayments. Choose a starter home. Choose your friends. Choose leisurewear and matching luggage. Choose DIY and wondering who the f*ck you are on a Sunday morning. Choose sitting on that couch watching mind-numbing, spirit-crushing game shows, stuffing f*cking junk food into your mouth. Choose rotting away at the end of it all, pishing your last in a miserable home, nothing more than an embarrassment to the selfish, f*cked up brats you spawned to replace yourself. Choose your future. Choose life...

Mark Renton as played by Ewan McGregor in the awesome movie "Trainspotting".

Oh this is rich...

American Airlines takes pillows off short flights to save time, money

Are you bloody well kidding me? According to the Dallas Morning News, American Airlines expected to save a whopping... and hold your breath here... $300,000 a year with this cost saving measure. Who is the genius that came up with this idea? Last time I checked, Southwest Airlines still had pillows and the fastest turnaround time in the industry. So it can't really take that MUCH time to pick up pillows. Having used a few pillows over the years, I can't imagine those things cost more than about 8 cents a piece. Also of interest, why are they only doing this on MD-80's ? I don't have any guesses there, except as some testing procedure.

So good job, American, really it is. Way to make your customer feel more comfortable. Take away leg room, drop food service (for the most part) and now my damn pillow? What's next seating in the belly of the plane? This has to be the lamest cost saving plan I have heard of ... at least today. I'm not even going to get into their new ad campaign (You know why I fly.. oh really?).

A step in the right direction and a move in the right direction...

From the Industry Standard:

The U.S. Federal Trade Commission (FTC) has reached a settlement with pet food retailer Petco Animal Supplies Inc. of charges that the company's Web site violated federal law by making deceptive security claims.

A security flaw in Petco's Web site left customers' credit card numbers exposed to attackers. The FTC alleges that Petco did not take reasonable measures to protect its Web site and made deceptive claims in stating that customers' credit card numbers would be "shielded from unauthorized access."

Under the terms of the settlement, announced Wednesday, Petco is prohibited from misrepresenting the security of its Web site and must establish a comprehensive security information program, which will be subject to independent audits for the next 20 years, said Alain Sheer, an attorney in the FTC's Division of Financial Practices.

This is a step in the right direction but not enough to encourage responsibility among companies that store financial information.

Cool!!!

Google Scholar This could be very interesting. The best search engine gets better??

Mark Cuban does it again...

Check him out here. This is damn funny and right on point.

Song Quote for the Day...

In honor of another day in Seat... errr Dallas...

If I ever get down in the dumps
Short of a dollar nothin change for months
It seems to rain about every day
And all the news seeme kinda grey
Its no illusion call it reality
So I release more charge from my battery
We can rise death defy gravity
Bring about a sense of personality
So as I walk I look around
See some go up , some go down
There goes the mayor his nose is brown
Guess how he get to wear his crown
But his hands are shaking the walls are breakin
And one day they will all fall down
Sometimes its better that way
Makin space for a some day

"Elevate My Mind" Stereo MC's

Learn from my mistake...

Since Blogger has been a wee bit glitchy of late, I highly recommend you take a moment to copy your post and save it in your favorite word processing program. I know I should do this but was reminded yet again. I just finished a fairly lengthy post on copyright issues and it didn't upload right. And like that it was GONE!!! Well that's a bummer. Hopefully I remember what I said.

Also in case you didn't know Blogger has a status blog here. It's good to have when blogger is getting a bit frisky, you can go and check to see if they are having widespread problems. Also, tomorrow(the 18th) they are going to have a black out at 3pm(PST)!!

Time to get back to work on that earlier post.

Copyright follies... Part 2... The Issues...

Previously, in our little foray into the downloading of copyrighted material we discussed the parties involved. In case you missed it, here is a brief synopsis. When it comes to music (and other copyrighted material such as movies and to a limited degree software) there are primarily two parties in the "dance." The recording industry and their trade association, the RIAA, vs. the consumer. Simply put the RIAA wants to make sure that we all buy our music from them in the forms that they choose to sell it in. On the other hand, there is the consumer, who I think wants to buy music legitimately. Unfortunately, they are caught by the music/movie industry every time they turn around and want to do something that the music industry doesn't officially endorse.

So with the parties described lets see if the issues can be described.

Issue #1: This issue can be described in a multitude of different ways but I think it's easiest to look at the illegality of downloading. This isn't as quite cut and dry as one might think. So I'll explore some copyright law including fair use.
Issue #2: If copyright law says downloading is illegal, but current lawsuits are doing little to stem the tide of downloading, why does the RIAA continue this ill begotten policy of suing its customers? Here I want to explore the tactics of the RIAA and why they probably aren't working as planned. Also, a hit on what I believe is the greater piracy issue: global copyright infringement.
Issue #3: With copyright law failing to stop mass downloading, companies are trying to implement Digital Rights Management programs and what are the effects? What is DRM, why do they use it, does it work and why this further pushes people to download. This will be an exploration into the mind of a legitimate user and their descent into the world of copyright infringement.

Of course there are probably a dozen or more issues relating to copyright but I am hoping these issues outline a path for further discussions. So in the next post I'm going to try and tackle issue #1.

This is a picture of Sasha, my sister's cat. Doesn't she look cute? Pretty kitty eyes, looking so cute in her box. I'm here to tell you that under that cute exterior, is a cat who hates me more than any other creature on earth. You are probably thinking, she looks so sweet, and she hates you because you were mean to her you jackass. I assure you, gentle reader (ok so I read some Miss Manners today), that this cat liked me when my sister first got her. I could hold her and pet her without a fuss. Fast forward to Thanksgiving '96 when the family decided to go to visit my sister in Carlsbad, NM. My parents brought the family cat, Chelsea, with them. Well in short order, Sasha decided she didn't like Chelsea and ever since then Sasha has hated me. Not a simple hate, where she leaves the room. No this cat starts hissing when I come up to the door, growls at me from like 30 feet away and generally freaks out when I get within like 10 feet. I can pet her if my sister holds her and Sasha can't see me. When she does see me, let the games begin. So this is for you Sasha!!! I do love ya!!!  

Follow up ...

to my little rant the other day on grading kindergarten students where I basically said, "you have to be kidding me." Yesterday, my friend and resident education expert extraordinaire, Timera, decided to stop by and pull out her Euphonic soapbox. What ensued was a very interesting take on the pressure being put on students today. Other than pushing for smaller class size, which I fully agree with, she drops this little diddy on us:

Well, sometimes the adults just have to step back, let the kids take control, and see what happens. They can surprise us sometimes. Quit raising the standards, quit scaring them with all the commotion about standardized testing, and for God's sake, make it interesting! They don't need the real world yet; that's why they are kids! We can prepare them for the real world without emotionally and psychologically scarring them from a young age.

When I said "come on" that's what I really meant!!! Thanks for laying out my thoughts in a much clearer fashion. .

So what about this technique (via the gentlemen over at Marginal Revolution)? I might argue that the money would be better spent on smaller class size, but if that can't/won't happen, then why not try this? I didn't receive money for grades when I grew up, and still managed pretty good grades. I also had a great support system at home. For those that don't have that support system, a little extra incentive might be a good thing. Maybe it will prove to schoolchildren that making money legitimately is better than other means. It will be interesting to see what the study concludes. I will keep you all posted.

This is going to work...

ummm... probably not.

Let's see take two companies with lagging sales growth, mix in a little post bankruptcy drama (K-Mart), then add lost jobs in the short term and you get this merger. We all know mega-mergers work, just look at AOL-Time Warner. Is there any reason to think this won't be different? I think it might be worse. At least AOL and Time Warner were profitable companies and had pretty good business plans. Of course, after they merged their stock took a real dive and the companies net worth took a major hit. Here the best case scenario is that through merging there are long term cost savings, the ability to buy goods cheaper, the ability to tout some well known brands (i.e. Craftsman tools, Kenmore Appliances, and the Blue Light Special) and this will hopefully drive up profits. Unfortunately, K-Mart has been a floundering for years now and hasn't shown the ability to climb out of this funk with new lines (i.e. Martha Stewart)and new stores(instead they filed bankruptcy and closed a lot of stores). So toss in Sears which does have some valuable property but has the affinity to move away from malls (the effects of which are debatable) to stand alone stores. They have also attempted to encourage customer loyalty through the acquisition of well known brands (i.e. Lands End catalog) and through its well known house brands (i.e. Craftsman and Kenmore). Unfortunately, this has not really pulled in the customers. So instead of fixing problems separately, they figured why not just mix all of them together, fire a bunch of people, and see what happens. Unfortunately, it probably isn't going work as planned. I do wish them luck, any alternative to Wal-Mart is a plus in my book(a rant on them some other time).

EWWWWWWWWWWW....

To steal Timera's reaction when I told her about this.

I have to admit this is pretty disgusting, but my evil side is wanting to get out and comment on this post. Lady what in the HELL are you thinking? By letting the pupply suckle on your breast you are imprinting the puppy to protect YOU not the baby (though I have my doubts about that theory). I mean where do you come up with an idea like this? You are sitting around, the baby finished feeding and what the puppy looked hungry? Oh my bad you didn't want any to go to waste. Now of course being a male, I'm no expert on this, but when the baby stops feeding I would presume that milk isn't produced anymore. Otherwise, this would be a rampant problem in society. So instead of getting some puppy chow ... well you can figure out where I'm going. I'm not even going to get into the possible diseases that one could pass from human to the dog.

WHACK!!! I gotta stop finding this stuff.

Afterthought, how does a reporter stumble across this story. I mean it's one thing for me to stumble across, but how do you get on this beat. Was this a tip, or some crack investigative reporting? Ok I'm done now.

Song Quote for the Day...

I can't get to sleep
I think about the implications
Of diving in too deep
And possibly the complications

Especially at night
I worry over situations
I know will be alright
Perhaps it's just imagination

Day after day it reappears
Night after night my heartbeat shows the fear
Ghosts appear and fade away

At least there's pretty lights
And though there's little variation
It nullifies the night
From overkill

"Overkill" by Men At Work

I guess if there is a book on it...

then maybe I should put some more thought into Drake's Theory of Maximum Fun.

Check out the book and post via boingboing.

Politics from all sides...

This site here reports from the left, center, and right. Very useful for learning what all side are thinking on a particular topic. Too bad it isn't in a blog format with a RSS feed. Oh well I will bookmark it anyways.

via Talkingpointsmemo.

From the I can't make this up file...

Bad beaver , bad beaver!!! Well there is one goal completed. I never, ever thought I would get to use that phrase.

Big suprise they used eager beavers in the first line. I could come up w/ something way more interesting than that.

Wait.. hmmmm... nevermind better keep those comments to myself. ;)

I do have a couple of questions though. Did the police rebuild the beaver dam? I mean what about the beavers, did anyone think about the beavers? Secondly, I hoped they approached those beavers with caution. I once rolled up on some beavers when I was an undergraduate fisheries major and they aren't friendly. We would get close to their dam and they would come over and smack their tails in the water trying to push us over (we were in waders). Little punks. That's all I got.

Song Quote of the Day

I'm in bit of a retrospective mood tonight.

Therefore, here is the quote:

You're my mirror in the bathroom
You're my mirror in the bathroom
You're my mirror in the bathroom...
Mirror in the bathroom
Recompense
For all my crimes
of self defense.
Cures you whisper
make no sense
Drift gently into
mental illness.
Mirror in the bathroom
please talk free
The door is locked
just you and me.

From "Mirror in the Bathroom" by the English Beat

At least there isn't any pressure..

From The Week's "Only in America" sidebar:

Kindergartens in Boston will begin issuing report cards this year, evaluating children on three dozen skills. "I want to give my son the mind-set to get into first grade," said one father, "rather than the traditional kindergarten fare: milk and cookies, taking naps, reading stories." A school official said today's 4-year olds no longer had time to waste. "Kindergarten," he said, "should be about preparing them to be 5-year olds in the real world."

Umm... the real world for 5-year olds? Let's see running away from girls and learning how to print letters. Yep we better start these 4-year olds learning the real world right now. Come freakin' on.

The FIRST PLACE Packers...

In other words, the Packers got lucky yesterday. VERY LUCKY. Again the offense was simply brilliant, with Brett Favre leading the attack throwing 4TD's to 4 different receivers. Speaking of MVP's like 3 time winner Brett Favre, how can you have MVP credentials when you have never won an MVP award (my question for Chris freakin' Collisworth, the most untalented, overpaid color commentator in the business)? Don't get me wrong, I like Daunte Culpepper and think he is one hell of a quarterback but you have to win an MVP award to be an MVP(and frankly this could be his year). Nonetheless, the big letdown in this game was again the defense. Especially the pass defense. On a 3rd and 26, I had visions of last year's 4th and 26 debacle. This type of sight, brings heart palpitations to any Packer fan. We got lucky and recovered through that play and won on a last second field goal by Ryan Longwell. I still don't think we are a Super Bowl team since our defense hasn't shown me anything this year. I can still be hopeful, I guess.

Interesting, yet kind of scary...

John Moore over at Brand Autopsy posts this tidbit of information.

This quote says it all:

By its own count, Wal-Mart has 460 terabytes of data stored on Teradata mainframes, made by NCR, at its Bentonville headquarters. To put that in perspective, the Internet has less than half as much data, according to the experts

HOLY FREAKIN' CRAP!!! That's a lot of FREAKIN' DATA. Now that I have stopped hyperventilating, remember my post on identity theft and the comment from Drake who pointed out how easy it is for employees to steal financial information and then make their own credit cards based on that information.
My point here isn't that companies take personal information. They do. The point is that aggregation of personal data is becoming more of a reality every day. This, in my mind, is a scary thing and that as consumers we must demand for better security and accountability from the companies taking our information. I am hoping that at some point companies will actually realize this and move to make our data more secure, but with story after story of identity theft, I can't but help feel disenheartened. So again, keep track of your credit card records and shred everything. While at it, if you hear of a congressional bill that will secure OUR personal information let your congressperson know that you support it. That hasn't happened, yet but if it does you can find out about here.

Second, something you should be aware of. Read this here from Buzzmachine. In course you are wondering who writes... err copies... the complaint letters check out this and this. Jeff Jarvis is right to be scared and wondering why more people aren't talking about free speech issues. Don't kid yourself and think that we are not seeing a chilling effect on free speech. We are. The Federal Communications Commission has set out a new course on deciding on what you and I can listen to and watch. As Jeff points out, the FCC based its fine against Fox based on three (3) complaints. This means that 3 people have effectively decided what 260 million people can watch. My thought is that personal responsibility has eroded so much, that the government thinks they need to decide what I read, listen to, and watch. That for me is unacceptable. I'm an educated adult who can choose what to consume. Does this mean that I think 6 year olds should be listening to Howard Stern? No I don't, but don't these children have parents ? I know if I was that young and tried to listen to it, well it wouldn't have been fun for me in the Hilty household. Time to climb down from my soapbox.

All I'm asking for here is that you take some time and check out what Jeff wrote above. You can come to your own conclusions.

Update: Some further thoughts over at IPTAblog.

Further update: Check out this. I guess pick your poison, Wal-Mart or Microsoft.

WARNING THIS POST ISN'T WORK SAFE

On a much more humorous note and if you don't like off-color porn humor feel free to move on. Warning probably not work safe... bad language and sophomoric humor ahead... !!!!

UPDATE: The woodies are now in session. Thanks DRAKE!!! Too awesome!!!

The annual Adult Video Awards nomination list was released last Friday. As usual, major props to porn producers and the awesome titles they come up with. For example:

From the Best Sex Comedy category (all this time I figured that all porn was sex comedy... insert Ron Jeremy joke here and if you don't know who he is, you probably shouldn't be reading this ;) )

Is the classic "Crack Whores of the Tenderloin" (crack whores and expensive cuts of meat... I think I know enough on this one) and "Pimped by an Angel 14" (really, a 14th one? didn't the first 13 make the point????)

From Best All Sex Release:
Tails From the Toilet (hmmmm.. now I know that toilet humor really does sell... and on a side note, do you want to see a $5000 toilet.. sure you do.. go here)

Best Foreign All-Sex Release
DVDA (only because of Orgazmo... bring out the stunt cock!!!)

Best Anal-Themed Feature
1 in the Pink 1 in the Stink 3 (hahahaha... who comes up w/ this? I think I SMELL a hit series here, 10 bucks on the 4th one being nominated next year).

Best Non-Sex Performance
Ron Jeremy Cadillac Highway (The Hedgehog strikes again, I'm telling you this guy is going to be in MORE mainstream movies)and
Dick Smothers, Jr., Welcome to the Valley (ever heard of the Smothers brothers? that is Dick Smother's real life son... guess he didn't need a porn name)

Best All-Girl Sex Scene – Video
Fluff and Fold (does the Snuggle bear make an appearance in this one?... ok that was bad)

Best Anal Sex Scene
Shitty Shitty Bang Bang (Wrong, wrong, wrong... hahahaahha)

Best Screenplay – Video
Crack Whores of the Tenderloin (Screenplay??? Somewhere, someone really sits down and writes this shit?)

Best Music
Walt Jizney for Bella Loves Jenna (simply brilliant porn name)

via Fleshbot. (Where else?)

For the children of the 80's

Still trying to catch up from this weekend.

Apparently, Bob Geldof of Band Aid fame and producer of the great song "Do They Know It's Christmas" is trying to recreate his earlier success. It is reported here that the song will be called Band Aid 20. There aren't many people from the original version and considering my usual dislike for cover songs, this probably won't be that great. I will still give a listen and let you all know when it is out.

Tip o' the hat to Adam Curry. (Yes that Adam Curry for you children of the 80's).

Check this out...

As some of you many know Wired Magazine released a CD under a Creative Commons License. Basically, what this means is that you are free to download the song, then mix it, share it, etc. The song artist/publisher still have a valid copyright in the song and could sue for commercial infringement. More importantly, the everyday music lover can enjoy the music without fear of being sued by the RIAA. Let's hope this is what the future holds.

So get check out the songs here.

I can't take credit for the following comment that goes to my dad. "Fitting that Bill Clinton would have a Presidential Library in Arkansas that looks like a double wide trailer." Couldn't have said it better myself!!!! 

Success and ready for freezing!!! 

The beans are ready to go!!! We are almost done!!! 

Here is the chile all cut up. Normally not much to say on this step. Unfortunately, today wasn't normal because the original roasting of the chile didn't properly blister the peel. Therefore, we had to defrost it and then blister the peel on the grill outdoors. That added probably an 1 1/2 hours to the process. Whoops!!! Nonetheless, the chile is ready to go. We will add it to the beef and tomatoes and bring it back up to temperature. At this point the tomatoes are crumbling and the sirloin flakes away in your mouth. 

The beef is tender now, so we all add these two cans of tomatoes. We are using canned tomatoes because fresh ones aren't in season right now. We will bring the stew back up to a simmer and break the tomatoes up. Next up is peeling chile, which is about as exciting to watch, as paint trying. Back with the chile results.