The RIAA Are Still Weasels

There’s been a lot of talk and confusion about the Washington Post story in re: the case against an Arizona man being sued for sharing MP3s over the Internet. One bit of the story was rather shocking, and we said so: it included the notion that the RIAA believes it’s illegal to copy a CD to your hard drive or put it on an MP3 player.

This is actually pretty well settled law, as we understand it: it’s Fair Use. However, the RIAA apparently wants it to be different, since they asserted in the Arizona trial that the defendant had broken the law when he did so, even before he started sharing the music online, and even though it was only for the latter act that he was being sued.

Ever vigilant, Wired’s Threat Level blog has taken up the story, most interestingly in their attempt to get a straight answer on the basic question: is it or isn’t it legal, as the RIAA sees it, for a person to buy a CD, rip it onto their computer, and copy it to their iPod?

They won’t answer. Instead, they provide a link to a long, obfuscatory statement that appears to say “it’s not legal, but we probably won’t sue you for it.” When Wired tried to get clarification — again, it’s just a simple yes or no answer — they clammed up.

What assholes.

Sugar Redux

If the phrase “Sugar La Las” makes your heart beat a little faster, head over to Mohney’s place, as he’s got a few (studio, somewhat dry) audio files from that long-dead Birmingham band.

No Surprises Here

For the second year in a row, we have an SEC team and a Big Ten team in the BCS Championship Game, and once again the SEC dominated: this time, it was LSU 38, Ohio State 24 — and it wasn’t that close. The Buckeye’s final score came on a pro-forma last minute drive after LSU had gone up 38-17; with less than 2 left, it’s hard to believe LSU brought their best defense.

The game actually started with a completely different momentum vector; Ohio burst out to a 10-0 nothing lead in the first few minutes, and I will admit I was afraid the Tigers were choking. Turns out, they were just giving the Buckeyes a running start: LSU then notched 31 unanswered points before Ohio got back on the scoreboard.

The final AP poll is out, and it shows us something interesting: LSU has the top spot, of course, followed by Georgia, USC, Mizzou, Ohio State, and West Virginia. This is the first time a conference has had the top two spots in the AP since the Big 8 did it in 1971. And here’s the kicker: much was said about LSU being a 2-loss team, and that perhaps they didn’t deserve to play for the brass ring. Obviously, though, they’re not the ones who maybe didn’t deserve to be there.

Last night, Ohio State looked sloppy. We like our odds picking Georgia or Tennessee over the Buckeyes, too. We think West Virginia, if they played like they did in the Fiesta Bowl, would’ve steamrolled Ohio, too.

Our favorite stat: Ohio State is now 0 and 9 against the SEC in bowl games: quoth LSU safety Harry Coleman, “They don’t fight back like an SEC team would do.” Word. Ohio State went down quickly, and never recovered — this year, and last. That’s not SEC football, and it won’t get you the title. Try again, Vest-boy.

To Err is Human. To Really Screw Things Up, You Need To Be Sony

Sony made news recently by announcing they’d sell DRM-free music, thereby becoming the last major record company to abandon DRM.

However, get a load of how they’re doing it. Instead of a simple approach via Amazon or the iTunes Music Store (like their competitors), both of which provide fairly complete and seamless customer experiences, Sony’s decided to re-invent the wheel with an approach so utterly braindead that it beggars belief:

To obtain the Sony-BMG tracks, would-be listeners will first have to go to a retail store to buy a Platinum MusicPass, a card containing a secret code, for a suggested retail price of $12.99. Once they have scratched off the card’s covering to expose the code, they will be able to download one of just 37 albums available through the service, including Britney Spears’ “Blackout” and Barry Manilow’s “The Greatest Songs of the Seventies.”

In contrast, online retailer Amazon.com offers 2.9 million DRM-free tracks in MP3 format from the catalogs of EMI Group, Warner Music Group, Universal Music and a host of independent record labels. Apple’s iTunes Store has around 2 million DRM-free tracks in the AAC format supported by its iPod and many mobile phones. No store visit is necessary to download those tracks, and an album typically sells for $9.99 or less.

To recap:

  1. Only 37 albums will be available; and
  2. Customers must visit a physical retail store and purchase a $12.99 “MusicPass” card in order to download the MP3s.

Wow. Just wow. How could they have missed the point more? Why on earth would a music-consuming teen even bother, when nearly everything is on the darknets for free anyway?

Don’t miss John Scalzi’s take, by the way, which is hilarious. Sample line: “So to recap, what you’ve got here is a system that makes people leave their house in order to download music at their house, and makes them go to a store to get music that they could get at the store, somewhere else.”

Dear NBC: You’re stupid, and you suck

We here at Heathen HQ are slowly catching up on the new Battlestar Galactica, and finally got to the end of season 2 tonight via NetFlix.

Of course, it ends in a cliffhanger, so I figured I’d just snag the next ep — from their cleverly named “Season 2.5” — from iTunes. Except, of course, BSG is a SciFi show, and NBC owns SciFi, and those goatfuckers at NBC decided it would be a good idea to pull all their content from iTunes so they can create their own online show-watching deal at Hulu.com.

Hulu isn’t actually live yet, and probably won’t work worth a damn once it does. For right now and the foreseeable future, then, if you want to watch NBC content online, you have to go to the so-called “darknets” full of pirated content because there is no other way to get it. This is a situation NBC has deliberately chosen because of their pissing match with Apple, and they deserve to suffer mightily for it.

As for us, we’ll have the 2.5 DVDs in a couple days, which means incrementally LESS revenue for NBC. If it had been available online right now for $1.99 at iTunes, I’d have bought the next episode immediately. As is now, I’ll just wait for the NetFlix DVD to show up on Tuesday.

Nice one, GE! You guys rock at teh Intarwub! Enjoy your impending doom.

Iowa as predictor, and a little history

Much has been made of the 1992 Iowa caucus, when Governor Clinton ended up with less than 3% and still went on to win the nomination, but few stories are painting the whole picture. Here it is:

1992

It only warrants mention since some news outlets and back-of-the-pack campaigns have been misleadingly calling attention to it, touting the fact that Bill Clinton received less than three percent that year, and yet still won the nomination with ease. What they don’t mention is that, for all intents and purposes, the caucuses didn’t take place in 1992, thanks to the entrance of favorite son Senator Tom Harkin. No candidate, besides Harkin, actively campaigned in the state, almost no one showed up on caucus night, and the final result–Harkin received nearly 80 percent, with “uncommitted” finishing second at 12 percent–was given about two inches of space in most newspapers the next day.

“In the face of impossible odds, people who love this country can change it.”

Iowa gives us hope, which something we haven’t felt in quite a while: hope for America’s political future.

Our pick won, handily, as an underdog — with record-setting turnout, and in a state whose demographics (older, very white) do not favor his natural constituency (younger, more diverse).

The GOP, on the other hand, picked a raving nutbird fundamentalist who is unabashedly anti-gay, anti-evolution, and anti-choice, and frankly we couldn’t be happier about that, either. By pushing the party to the right and picking those hotbutton issues, they’ll drive more centrist nominal Republicans to cross the aisle in November.

And just maybe, wouldn’t it be nice to have a president who can speak again, who can actually lead without smirking, and who embodies not a life borne of generation upon generation of inherited privilege, but one of uniquely American opportunity? From Obama’s victory speech:

Hope! Hope is what led me here today, with a father from Kenya and a mother from Kansas and a story that could only happen in the United States of America. Hope is the bedrock of this nation; the belief that our destiny will not be written FOR us, but BY us, by all those men and women who are not content to settle for the world as it is, who have the courage to remake the world as it should be. That is what we started here in Iowa, and that is the message we can now carry to New Hampshire and beyond.

But go listen (YouTube link in the “won” link above); this starts at about 12:20 into the video. And then consider donating to the cause; I believe 2008 will be the most important election for some time to come, and that Obama represents the best choice of the available candidates. No Republican need apply at all (unless you like the idea of anti-evolution, anti-gay and anti-choice positions; the status-quo in Iraq; the escalation of the “wars” on drugs and obscenity, more regressive taxation, no health care solution, and immigration policies that make Bush look smart), and the only viable Democrats are Obama, Clinton, and Edwards. I do not believe Clinton can win in November, and I am not comfortable with her lapdog behavior during her Senate career anyway. Edwards feels thin to me, but he’d do in a pinch. Obama, however, feels like the real deal, and he needs support to power past Clinton and the rest in the remaining primary states.

So give. It needn’t be much, since it DOES add up quickly. But do it. We did, and for the first time ever. Go here. Forgo a night’s bar tab, or a good dinner out, or a bottle of fine wine. You won’t notice, but the campaign will, and it just might help the right guy get to 1600 Pennsylvania.

Radley Calls ‘Em Out

Radley “Agitator” Balko’s year-end poll is for “Worst Prosecutor of the Year.” The contenders are an utterly worthless, powermad lot who should probably all be disbarred:

  • Mary Beth Buchanan, the power behind the first Federal obscenity prosecutions in 20 years as well as “Operation Pipe Dreams” wherein she managed to jail Tommy Chong for making bongs.

  • Forrest Allgood, the Mississippi DA more than happy to use scientifically discredited “experts” to convict people who may in fact be innocent.

  • Douglas County, Georgia DA David McDade, a/k/a the man behind the Genarlow Wilson debacle that saw a 17-year-old convicted of rape for having consensual oral sex with a 15-year-old. Wilson has since been released by the Georgia Supremes, but McDade has no regrets.

  • The Virginia attorneys behind the Rack-n-Roll railroading in Manassass Park; it’s a long story, but Balko has the background for you. The summary is “government attempting to put a bar out of business through dubious allegations of drug trafficking, and then arranging for said trafficking to occur.”

  • Scott Andringas, former Florida state’s attorney for Pinellas, Pasco, and Monroe counties. Andringas is the man who sought to imprison Richard Paey, a paraplegic and MS patient in chronic pain whom they knew well was not in fact trafficking in the pills he obtained through potentially dubious means. Paey has since been granted a full pardon by the newly non-Bush Florida governor.

What a bunch, eh? Your tax dollars at work, people. Given the government more power always means more people like these will seek to abuse it. People like this pose a much, much larger threat to our way of life than terrorists in Afghanistan.

Things we never got around to

For years, we’ve accumulated change in a big-ass jar on our dresser. About once a year, we take it down to the grocery store and use the automated machine to turn it into useful money. As part of that process, I’ve often wondered to what degree one could use the weight of the change to estimate the value; it shouldn’t be as crazy as it sounds, since it’s easy to know the average weight of each type of coin, and presumably someone knows the average distribution of coins in circulation. I just never got around to figuring it out.

Now, via BoingBoing, I’ve found that someone did, though this implementation doesn’t use a known distribution of coins; instead, it asks the user to grab a random handful and enter that as the ratio to use. I still think the ratio in circulation has to be knowable, but I’ve yet to find it anywhere. The Heathen jar is getting pretty full, though, so maybe it’s time to finish my method and create estimates using it and CoinCalc before taking the jar down to Kroger.

Solid, True, and more than a little Shameful

Go read this editorial in the NYT.

There are too many moments these days when we cannot recognize our country. Sunday was one of them, as we read the account in The Times of how men in some of the most trusted posts in the nation plotted to cover up the torture of prisoners by Central Intelligence Agency interrogators by destroying videotapes of their sickening behavior. It was impossible to see the founding principles of the greatest democracy in the contempt these men and their bosses showed for the Constitution, the rule of law and human decency.

[…]

Out of panic and ideology, President Bush squandered America’s position of moral and political leadership, swept aside international institutions and treaties, sullied America’s global image, and trampled on the constitutional pillars that have supported our democracy through the most terrifying and challenging times. These policies have fed the world’s anger and alienation and have not made any of us safer.

In the years since 9/11, we have seen American soldiers abuse, sexually humiliate, torment and murder prisoners in Afghanistan and Iraq. A few have been punished, but their leaders have never been called to account. We have seen mercenaries gun down Iraqi civilians with no fear of prosecution. We have seen the president, sworn to defend the Constitution, turn his powers on his own citizens, authorizing the intelligence agencies to spy on Americans, wiretapping phones and intercepting international e-mail messages without a warrant.

We have read accounts of how the government’s top lawyers huddled in secret after the attacks in New York and Washington and plotted ways to circumvent the Geneva Conventions — and both American and international law — to hold anyone the president chose indefinitely without charges or judicial review.

[…]

These are not the only shocking abuses of President Bush’s two terms in office, made in the name of fighting terrorism. There is much more — so much that the next president will have a full agenda simply discovering all the wrongs that have been done and then righting them.

We can only hope that this time, unlike 2004, American voters will have the wisdom to grant the awesome powers of the presidency to someone who has the integrity, principle and decency to use them honorably. Then when we look in the mirror as a nation, we will see, once again, the reflection of the United States of America.

Happy New Year

We’re particularly excited that January 2008 means we’re only a year away from January 2009, which is when our above-the-law president finally leaves office.

Just so you’re caught up, here’s a fine collection of the Administration’s 10 most absurd legal arguments of 2007, including whoppers like “waterboarding isn’t legally torture” and “the Vice President’s office isn’t part of the Executive Branch.”