" /> by Robert J. Funches: October 2005 Archives /* */

« September 2005 | Main | November 2005 »

October 27, 2005

Avian Shock and Awe

Food which at one time had feathers continues to get bad publicity due to concerns over avian flu and the deadly H5N1 strain of influenza that is spreading across the globe and could potentially mutate to a human-to-human contracted disease. So now might be a good time to bring up a bird food that is no longer eaten -- and it's not because of fears of avian flu.

(Readers not liking the direction that this blog entry is taking should cease reading and not click on the Continue reading... link.)

The ortolan is a small songbird of the bunting family. It can be found in France, though it is now illegal to capture them. In 1999 they were placed on the protected species list, to the disappointment of hunters and foodies of the strange and unusual. Apparently ortolen used to be a French delicacy, which involved catching the bird, placing it in a dark box so that it could gorge itself and plump itself up to several times its normal size, and then drowned in armagnac before being roasted and served hot.

As if that's not bad enough, the bird is eaten whole, including the bones, with the exception of the head or beak, which is bitten off. All of this is done under the privacy of a napkin placed over the head, which is supposedly done to help retain the full aroma of the bird.

October 25, 2005

Well, it *is* a start...

I have a title. The graphic says it all.

October 15, 2005

Hopefully a novel will materialize in 30 days...

...as I am now registered and plan on following through with National Novel Writing Month which is a way to get people to write a 50,000-word novel by the end of November (starts November 1st). Here is my profile.

So far I don't know what I'm going to write about. If you have any ideas, feel free to pos them in the comments for this post. I plan on doing a bit of outlining and notetaking, but NNWM participants can't -- honor system "can't" -- actually write a word until midnight on November 1st.

October 09, 2005

Vidi "Rome"

(Okay, so I didn't put "Rome" in the accusative form...but no one would've recognized it then)

Who would've thought that I'd get HBO in my dorm? Apparently we do, and I came across the HBO series "Rome" while killing some time this evening. It's good, and they seem to have done a good job in general on it. If there's one gripe I have, it's not a valid argument: it's...HBO-like, if you will. There's a reason -- well, maybe lots of reasons -- it's on cable, and it's not because of an excessive number of backstabbings, vividly violent swordfights, and dismemberments.

October 06, 2005

How the RIAA Sued a 14-Year-Old

(also known as "Examples of Sh*tty Bad PR Moves")

I wrote a paper several years ago on the Recording Industry Association of America pursuing litigation against those who infringed upon their copyrights by downloading and distributing music, especially through "peer-to-peer" (P2P) networks. It criticized their motives due to the extreme measures that RIAA lawyers and their legal staff took in an effort to recoup significant financial losses due to online music pirating; one of the examples which I cited included a grandmother in her eighties with limited computer expertise and, at one point, no computer, accused of "stealing" (and I'll talk later about why this is an incorrect term to use) popular rap music.

Few lawsuits filed against individuals citing the Digital Millennium Copyright Act (DMCA) actually go to a judge or jury; the DMCA notice is usually enough to persuade people to settle, because the risk of losing is much greater than the settlement that the RIAA is willing to offer, usually ranging in the thousands of dollars. This means that there are very few precedents for the DMCA and online music "pirating," which is much harder to prove than distribution of physically pirated CDs and DVDs sold in public on the streets. The plantiff(s) -- namely the RIAA -- must seek a subpoena against the owner of the IP address associated with any perceived illegal actions, and the owner -- usually an Internet Service Provider such as Verizon DSL or Comcast cable internet -- may be forced to reveal the identity of the customer associated with that IP. It's a messy legal issue that I won't go into now. But those opposed to the RIAA's tactics have been waiting for a landmark case that will force the RIAA to completely re-evaluate their business model (which, right now, is based on scare tactics, which prompts the question, why do people pirate movies and music more often than stealing a piece of candy from the supermarket?).

That landmark case may be here now, with Priority Records, et al., vs Brittany Chan. Why is this significant?

Brittany Chan is the 14-year-old daughter of Candy Chan.

The RIAA just filed suit against a 14-year-old girl after unsuccessfully trying to sue her mother.

Priority v. Candy Chan established two things:
1) The plantiff must file a lawsuit that alleges copyright infringement against the party accused of infringement. A parent cannot be sued if the child committed the act.
2) If the infringer is a minor and his/her legal guardian (e.g. the parent(s)) has stated in a deposition that the minor committed the act and the suit was initially filed against the legal guardian, the minor cannot be added to the original lawsuit as a defendant. The plantiff must dismiss the original suit and file against the minor with a request to appoint an independent guardian ad litem.

From a public relations standpoint, this could be a disaster for the RIAA. Imagine seeing headlines like "Music Industry Sues 14-Year-Old Girl" in the newspapers and on television. Brittany Chan was thirteen at the time (she has since turned fourteen) and was accused of downloading and distributing 829 files under the name "Spicybrwneyedgrl." Candy Chan's testimony implicated Brittany in the use of the name:

Chan: ...And then he said we have a screen name of Spicy Brown-eyed Girl. I went home and I asked the kids who's Spicy Brown-eyed Girl, and they said it was Brittany, my fourteen-year-old.
Question: Did you ever talk to Brittany to confirm that piece of information?
Chan: Yeah. Is that your screen name? Yeah.
Question: And she agreed that it was?
Chan: Yep.

How much the RIAA expects to gain by suing Brittany is unsure, but it looks like we'll find out once a guardian ad litem is appointed and proceedings can begin. My opinion? The RIAA will win -- Candy cannot go back on her deposition without perjuring herself, and that still won't help her daughter -- but at a significant PR cost.

The court documents on the case can be found at http://www.p2pnet.net/stuff/chan3.pdf.

October 05, 2005

We must've pissed off the rain god

There must've been a grand total of three drops of water that hit me this morning. It looked like it would genuinely rain.

Nope.

We must've pissed off the rain god.

The only thing worse than no rain is a few drops of rain...followed by very humid weather.

October 04, 2005

Rant on Bush's 10/4 Press Conference

First rant for the new redesigned blog: President Bush's October 4th press conference in the Rose Garden; this is the first time he has taken questions from the press in this format since May 2005.

These comments were made at the time of the press conference. They are the opinions of the author at the time when it was published and may not reflect the current views and opinions of the author.

"Outstanding individual" -- Harriet Miers may have outstanding credentials but she has no experience as a judge, and while her "stellar record" is in law, from my understanding there is a bit of a difference between being a lawyer and being a judge.

"[She will not] legislate from the bench" -- Considering she has no experience on a judicial bench, this statement has no material evidence to back it up.

Budget cuts for "non-security spending" -- a dangerous statement, in my opinion. There better be a good, strong, loophole-less definition for "non-security" budget items.

Private sector will "drive" reconstruction along the Gulf Coast -- Halliburton anyone? Now that I think about it, where the heck is Cheney?

More refining capacity -- Bush (or maybe his speechwriter?) makes a good point here that I actually agree with. The issue is that people don't want a refinery in their backyard.

"The Patriot Act is getting results" -- How are we supposed to know what results it is having if someone served with a subpoena under the Patriot Act also restricts the individual(s) from saying that they have been served with said subpoena?

"Restrict Constructionists" -- An interesting statement from an administration that likes to twist political theory to their liking.

Apparently Miers "shares [Bush's] philosophy" -- I seriously doubt that she is the "best person [he] could find" and, coincidently, shares philosophy. Bush also thinks that she will keep that philosophy "twenty years" from now.

Haha! NBC's White House correspondent got the nail-on-the-head question: Miers position on abortion. Bush supposedly did not conduct a "litmus test" (his own words) on any of the judicial nominees...but remember, he said that she shares his philosophy. He said that he had never discussed the issue with Miers even on a personal level -- granted, a cheap shot question, but he doesn't have to (and shouldn't, in my opinion, regardless of the answer) answer the question.

So we are cutting non-discretionary spending and non-security spending; while the budget is a "pie," if you will, where an increase in one part requires a decrease in another part, we can't keep cutting the same types of programs over and over and other. There may have been 150 programs that were "eliminated or streamlined" as a result of the budget but there's only so much eliminating and streamlining that can be done.

It's good to know that Bush is "still a conservative" (a reporter actually asked him that -- good thing he didn't trip on the answer!).

Bush says that he "takes responsibility" for the failures in the federal repsonse to Hurricane Katrina. Good to know. Now help local and state officials rebuild.

Uh-oh...a quesiton on bridging the gap caused by poverty...and from a minority, no less (the reporter is a black female -- I don't know from what bureau, however). Bush claims that economic vitality and small business ownersihp will help close that gap. Education (or the lack thereof) is a valid reason, in my opinion (though Bush might not be the best person to be in charge of that...No Child Left Behind has not done a lot, other than put pressure on schools, and faith-based methods are very much debated in a division of church and state kind of world).

Bush claims that by elevating minorities, specifically African Americans, to positions of authority, where they can do good work, will help gain his vote in those communities. I argue against that completely. If changes in the communities needs to happen, moving them out of local and state governments simply puts them further away from the core of the problem.

Things that take forever to come

There are a few things that have taken forever to come. They are, in no particular order:

1) Presentation for my business class. According to the schedule we're a week and a half late; according to me at my group's initial meeting, we could've gone as early as the class before that -- two weeks ago.

2) Rain. It hasn't rained much in Virginia. Today was the first day I noticed rain during the day since I've been here in Richmond, so it's been almost seven weeks. In fact, it's not really raining now, but there was a light mist of rain falling earlier. There's still a lot of fog around, and the sky is solid gray, so I'm sure that it'll rain. Actually, no. I'm not sure it will rain. If I say that I'll tempt the fates. It was only a few weeks ago that a freak thunderstorm popped up over Prince William County for a few minutes before disappearing. I have a feeling we've really pissed off [insert deity of choice] and [he/she/it(?)] is toying with us like we're Sim City. Speaking of Sim City, I built up a pretty substantial city yesterday. I saved it, then proceded to burn it down, set tornades and UFOs and locust swarms and earthquakes on it, and start riots in the streets. It took the better part of an hour to destroy it.

Things that are taking forever to come (i.e. things that have not yet come):

1) Hayley Westenra's Odyssey. This CD has already been released in New Zealand, Australia, Japan, Hong Kong, Singapore, Korea, Ireland, and the UK, among others; it will be released last here in the U.S. and Canada almost two months after the first release in New Zealand. Argh.

2) Supreme Court confirmations. I want something to rant about, dammit!