
Hope everyone is up to fun festiveness or a lazy ring-in of the new year, as suits personality and circumstances. Myself, I'm going with the torpor, accompanied by some nice wine and a movie. It's like a siren song.
See you in 2008!
Because who doesn't want to be regaled with the minutiae floating around in my brain?
That's what I thought.
Now, in an unusual case in which an Arizona recipient of an RIAA letter has fought back in court rather than write a check to avoid hefty legal fees, the industry is taking its argument against music sharing one step further: In legal documents in its federal case against Jeffrey Howell, a Scottsdale, Ariz., man who kept a collection of about 2,000 music recordings on his personal computer, the industry maintains that it is illegal for someone who has legally purchased a CD to transfer that music into his computer.Wow, you've got to admire that ambition.
The industry's lawyer in the case, Ira Schwartz, argues in a brief filed earlier this month that the MP3 files Howell made on his computer from legally bought CDs are "unauthorized copies" of copyrighted recordings.
"I couldn't believe it when I read that," says Ray Beckerman, a New York lawyer who represents six clients who have been sued by the RIAA. "The basic principle in the law is that you have to distribute actual physical copies to be guilty of violating copyright. But recently, the industry has been going around saying that even a personal copy on your computer is a violation."
When asked later if he stood by his comments, he responded:He's [Guiliani's] got I believe the knowledge and the judgment to attack one of the most difficult problems in current history and that is the rise of the Muslims, and make no mistake about it, this hasn't happened for a thousand years. These people are very, very dedicated and they're also very smart, in their own way. We need to keep the feet to the fire and keep pressing these people until we defeat or chase them back to their caves -- or in other words get rid of them."
Well, I for one am glad he clarifed with the "not necessarily," aren't you?"I most assuredly do. I've been very concerned about this Muslim thing for quite awhile. The average American does not know beans about what the Muslims are about. I am talking about the Muslims in general. I don't subscribe to the principle that there are good Muslims and bad Muslims. They're all Muslims."
Deady added, "When I say get rid of them, I wasn't necessarily referring to genocide."
It doesn't go as far as it might, and the measure's a drop in the bucket given the systematic absuses, but still, this is good news. And yes, I did just watch Sicko.Health insurers can't wait until a policyholder is sick or injured to investigate the person's medical history and then abruptly cancel the policy on the grounds that important information was left out of the original application, a state appeals court has ruled.
On Monday, the Fourth District Court of Appeal in Santa Ana called a halt to a practice that lawyers for policyholders claim is widespread. Known as "post-claims underwriting," it has led to numerous lawsuits - mostly unsuccessful so far - and state enforcement actions against insurers.
What do black-eyed peas have to do with good luck and prosperity?
Everything or nothing, depending on what you believe.
According to Southern folklore, those who eat the little beige-with-a-black-spot legume on New Year's Day will have good luck the rest of the year.
She also firmly believed in not doing any housework on New Year's Day, because what a person did on that day represented what they would be doing the rest of the year.
Police sources said a footprint had been found on a metal fence, suggesting that someone had climbed the fence to get closer to the big cats. Authorities were looking into whether the tiger escaped by latching on to a leg or body part.Good god. Are people really that stupid?
There is this thing in this country that, as you age -- and this is particularly, you know, women are hardest hit on this, and particularly in Hollywood -- America loses interest in you, and we know this is true because we constantly hear from aging actresses, who lament that they can't get decent roles anymore, other than in supporting roles that will not lead to any direct impact, yay or nay, in the box office...
We know that the presidency ages the occupants of that office rapidly... But men aging makes them look more authoritative, accomplished, distinguished.
Sadly, it's not that way for women, and they will tell you... Look at all of the evidence. I mean, I've just barely scratched the surface with some of the evidence, and so: Will Americans want to watch a woman get older before their eyes on a daily basis?
The troubles arose because banks and finance firms offered mortgages to millions of people who, despite their imperfect credit histories, yearned to buy homes. The loans generally start out with a low interest rate that, after a couple of years, rises substantially. Some home buyers now discover that the reset payments are more than they can handle. On top of that, falling real estate prices mean some can't recoup by selling, because the home is now worth less than the mortgage.Those poor lenders, helplessly exploited by those greedy, stupid people, who with the power of yearning, were able to secure precarious loans.
This spectacle has brought forth recriminations from politicians who picture the lenders as James Bond villains, cackling at the chance to toss hard-working families out on the street. In fact, this course is almost as bad a deal for lenders as it is for borrowers. They typically lose up to half the value of the mortgage on foreclosures.
It's true that if lenders have committed fraud with phony information about their loans, they deserve to be separated from their ill-gotten gains. At the same time, honest ones shouldn't be punished for offering creative terms just because the loans sometimes go bad.Punishment for creativity is indeed unfair. If only people appreciated true innovation, we wouldn't have any of this hand-wringing for borrowers, living on the streets as they may end up doing. Priorities, people.
•Inadequate inspections of manufacturers, noting that foodmakers, for example, are inspected about once every 10 years.In case you weren't picking up on the general theme here:
•A "badly broken" food-import system and food supply "that grows riskier each year." In the past 35 years, FDA inspections of the food supply have dropped 78% due to soaring numbers of products and inadequate FDA funding.
•A depleted FDA staff, which is about the same size as it was 15 years ago despite huge growth in agency responsibilities. Instead of being proactive, the agency is often in "fire-fighting" mode.
•A workforce with a "dearth" of scientists who understand emerging technologies. Turnover rates in some scientific positions at the FDA run twice that of other government agencies.
•An "obsolete" information-technology system.
William Hubbard, a former FDA associate commissioner who supports the Coalition for a Stronger FDA, says the report stands out because of the "intensity of the feelings" expressed by the subcommittee.
"These people were horrified by what they found," he says. While the subcommittee was supposed to look ahead to where the FDA needs to be, Hubbard says it came away concluding that "it cannot even do its job now."
"It's about time," McGowan said upon returning from a golf game with several "network honchos" in which he brokered a deal to bring a variety of women's sports to prime-time television. "These ladies should have brought me on years ago."
McGowan claimed that one of the main reasons the movement enjoyed so little success in the past was that the previous management was often too timid and passive and should have been much more results-focused.
"You can't waste time pussyfooting around with protests and getting all emotional about a bunch of irrelevant details," McGowan said. "If you want to enjoy equal rights, you have to have a real man-to-man chat with the people in charge until you can hammer out some more equitable custody laws."
"And don't get me started on how disorganized and scatterbrained their old fundraising methods were," McGowan added. "Let's just say the movement never really had a head for numbers."
You know it's cold when cta [Chicago Transit Authority] workers have to salt the urine in the turnstyles and on the platform.
And my personal observation of today as I stomped into work and caught my reflection in a building: when I pull out ye olde vintage coats as I'm wont to, and behat and bescarf, I'm looking about 1 dalmation-puppy stole away from being Cruella Deville.
It seems that the range of acceptable use for these things is expanding:The woman went to the police department on Nov. 18 to ask officers to take custody of her one-year-old son, said Michael Etter, Trotwood’s public safety director.
The woman told the officer she was “tired of playing games” with the baby’s father, Etter said.
The woman refused to answer questions, became frustrated and tried to leave with the child, Etter said. The officer feared allowing her to leave could jeopardize the child and he decided to detain her to get more information.
He said the officer grabbed the woman, got the child away from her and forced her to the ground. When she resisted being handcuffed and tried to get away, the officer used the stun gun on her, Etter said.
"You can use it before you would have to use the revolver," asserts Rick Smith, CEO of TASER International. "If you have someone who has a knife, who is threatening other people but isn't quite at the level where you'd use lethal force, you'd pre-empt with the TASER, get them safely under control before it escalates."Ensuring "cooperation," of course, is not the same as subduing a threat. And the perception that tasers as "nonlethal" weapons (actually, there have been many deaths) seems to lead to their expanded use, as some sort of consequence-free shortcut to ensure obedience. (Remember, if you will, the heckler who was tasered, repeatedly, at a John Kerry speech.)
Parents who don’t take precautions in purchasing presents this year could end up buying the item that kills a child or grandchild, some experts in the field warn.
Christiana Mercer, an advocate with the Arizona Public Interest Research Group, demonstrated various toys that can poison, choke or otherwise cause problems. Mercer, along with Rustin Morse, chief of emergency at Phoenix Children’s Hospital, said while some of the hazards are obvious, many are not.
“There’s only one tester in its labs right now for toys,’’ she said. And Mercer said the federal government has only 15 people who have to go through all of the millions of toys that are imported each year to spot potential hazards.And in other related news, Aqua Dots have been advertised in Sunday circulars. Whoops.
Since 2005, federal magistrate judges in at least 17 cases have denied federal requests for the less-precise cellphone tracking data absent a demonstration of probable cause that a crime is being committed. Some went out of their way to issue published opinions in these otherwise sealed cases."Permitting surreptitious conversion of a cellphone into a tracking device without probable cause raises serious Fourth Amendment concerns especially when the phone is in a house or other place where privacy is reasonably expected," said Judge Stephen William Smith of the Southern District of Texas, whose 2005 opinion on the matter was among the first published.
But judges in a majority of districts have ruled otherwise on this issue, Boyd said. Shortly after Smith issued his decision, a magistrate judge in the same district approved a federal request for cell-tower data without requiring probable cause. And in December 2005, Magistrate Judge Gabriel W. Gorenstein of the Southern District of New York, approving a request for cell-site data, wrote that because the government did not install the "tracking device" and the user chose to carry the phone and permit transmission of its information to a carrier, no warrant was needed.
And tracking us may get even easier in future:
The trend's secrecy is troubling, privacy advocates said. No government body tracks the number of cellphone location orders sought or obtained. Congressional oversight in this area is lacking, they said. And precise location data will be easier to get if the Federal Communication Commission adopts a Justice Department proposal to make the most detailed GPS data available automatically.The fourth amendment is just so pre-Internet age.
The Predatory Lending Association (PLA) is dedicated to extracting maximum profit from the working poor by increasing payday loan fees and debt traps. The working poor is an exciting, fast growing demographic that includes: military personnel, most minorities, and a growing percentage of the middle class.
A woman who kissed a £1.37m painting, leaving a lipstick stain, has been ordered to pay 1,500 euros (£1,074) in damages to its owner by a French judge..
. . . .
Restorers have been unable to remove the lipstick and have unsuccessfully used 30 products to get rid of the stain.
At her trial in October, Ms Sam said the kiss was an act of devotion to the work of art. "I just gave it a kiss. It was an act of love, when I kissed it, I wasn't thinking. I thought the artist would understand," she said.
But Agnes Tricoire, lawyer for the picture's owner, said the kiss was "as aggressive as a punch," causing damage that was just as hard to restore. "I do not share the same vision of love. For me love requires the consent of both sides," she said
While stretching may tighten tired faces, dermatologists warn that good form is key. "If someone were doing a bizarre contortion, they could spasm. They might actually cause permanent damage," says Dr. Min-Wei Christine Lee, director of the East Bay Laser and Skincare Center in Walnut Creek, Calif.
Santas in Australia's largest city have been told not to use Father Christmas's traditional "ho ho ho" greeting because it may be offensive to women, it was reported Thursday.
Sydney's Santa Clauses have instead been instructed to say "ha ha ha" instead, the Daily Telegraph reported.
Nigersaurus sported an almost perfectly squared-off jaw lined with 128 uniform front teeth, the only kind of teeth it had. When the creature closed its mouth, the rows would have joined perfectly to snip plants that the dinosaur ate.
"In modern mammals, when you see broad muzzles, you know that they are animals are grazers that eat grass, like cattle," said Sereno. "When they have narrow, pointy snouts, you know they are browsers, animals that feed on leaves and bark they pull from trees and bushes, like giraffes.
"This thing was a Mesozoic cow."
In addition to immense noses, elongated skulls, and barrel chests, some Neanderthals boasted flaming red hair, according to an international research team led by Harvard's Holger Roempler. . . .
Neanderthals possessed a gene known to underlie speech. The presence of the FOXP2 gene in two skeletons uncovered in the El Sidron cave in northern Spain suggests Neanderthals were capable of human-like language.
The range of Neanderthals was much greater than scientists had previously imagined, extending to the heart of Asia.
Fascinatingly, scientists are also working on mapping the entire genome of the Neanderthal from the fragment of a bone.
Oh, and there's one other little theory cited at the end of the article: a "husband-wife anthropological team has raised the possibility that female derring-do may have contributed to Neanderthals' demise." Did I mention the title of the article? "Stone Age Feminism? Females Joining Hunt May Explain Neanderthal's End" Hah hah! These articles reinforcing the Way Things Are Supposed To Be really do sell papers, don't they?
Human women, on the other hand, had the proper things down:The University of Arizona's Steven L. Kuhn and Mary C. Stiner, use archeological evidence to argue that Neanderthal females - unlike Homo sapien women of the Upper Paleolithic period - joined men in hunts at a time when stabbing giant beasts with a sharpish stone affixed to a stick represented the cutting edge of technology.
That's courageous, but probably bad practice for a population that never numbered much more than 10,000 individuals. The loss of a few males to a flailing hoof or slashing antler is no big deal, in the long run. But losing females of child-bearing age could bring doom to a hard-pressed species.
"All elements of [Neanderthal] society appear to have been involved in the main subsistence pursuit" of hunting large animals, Kuhn said. "There's not much evidence of classic female roles.
"Putting the reproductive core of the population - pregnant women, mothers of infants, children themselves - at such danger could have put Neanderthals as a whole at serious demographic disadvantage," he said.
Not only would women suffer casualties, Kuhn said, their full participation in the hunt would mean they were not harvesting wild grains and other foods that could sustain their roving bands when game was scarce.
From early days, human women appear to have sewed hide clothing, tended fires, and gathered vegetables rather than risking their lives on the hunt.And we know who lived to populate the planet, don't we?
"Neanderthals were smart, sophisticated. They mastered fire. They made tools. But modern humans had selectively advantageous [genetic] traits that gave them an edge," said Richard G. Klein, a Stanford University paleoanthropologist. "Even tiny advantages in cognition, communication skills, and memory would have had huge downstream effects over time."One scientist sums it up thusly:
"What finally happened could be really boring. Maybe Neanderthals ran out of reindeer to hunt. So they dwindled and died. . . ."Sometimes it seems like journalists write this shit up with a wink just to tweak the ladies.
“You people are really nuts,” she told a reporter during a phone interview. “There’s kids dying in the war, the price of oil right now — there’s better things in this world to be thinking about than who served Hillary Clinton at Maid-Rite and who got a tip and who didn’t get a tip.”
For many, winter is a time to relax grooming regiments [sic]. Bodies swathed in turtlenecks and boots need not be waxed, pedicured and S.P.F.’d to the gills. But among stench-phobic Americans, rare is the renegade who will go without an antiperspirant or deodorant for even a day.
Americans spent more than $2.3 billion on deodorant and antiperspirant in 2006, according to Euromonitor International, a market research firm. Yet few people stop to consider the rationale for performing their morning elbow dance.
Yeah, I'm not buying. I may be atypical, but frankly, I'm still trying to defunkify a lovely dress I happened to wear the one day I inexplicably forgot to put on the Secret. Shudder. Via.
In what one FBI spokesman described as "almost an annual ritual," the bureau has obtained uncorroborated intelligence indicating al Qaeda would like to strike shopping malls during the holiday shopping season, two law enforcement sources said Thursday.Are you anxious yet? How about now?
Those sources confirmed there is intelligence dating back to August that al Qaeda would like to attack malls in Los Angeles, California, and Chicago, Illinois.
Chinese toys are back in the headlines. Today, retailers around the world scrambled to pull a popular toy called Bindeez off their shelves, after a chemical in some shipments of the Chinese-made product was found to mimic the effects of the so-called date rape drug.Or, for that matter, a toy called Aqua Dots, which is the name the product is marketed under in the United States:
The U.S. Consumer Product Safety Commission plans to announce a recall of the sets. The CPSC has received two reports of children in the U.S. swallowing Aqua Dots and they slipped into “non-responsive comas.” Both children are now fine.The kids are fine! Nothing to worry about! And Bob is on the case, in his teeny toy-testing laboratory, testing all the toys coming from China, ensuring our kids are safe. Whew!
In the spring of 2006, for instance, you could have purchased a nice Dell laptop -- the Inspiron E1505, with a 1.66 GHz Core Duo processor, 1 GB of memory, and an 80 GB hard disk -- for $999 directly from Dell. At the time, Apple's roughly comparable entry-level MacBook -- 1.83 GHz Intel Core Duo processor, 512 MB memory, a 60 GB disk -- went for $100 more, $1,099.
Even if you'd treated your machine very well, you'd be lucky to sell the Dell today for $550, while MacBooks have recently sold for $710, $740, $790, and even $800. It would, in other words, be a cinch to sell the MacBook for $100 more than the Dell Inspiron, thereby making up the purchase-price difference you paid earlier (and likely even beating it).
Apple fans have long understood the amazing resale value of their machines. Windows users, on the other hand, might be scratching their heads at my argument; in the Windows world, selling your computer (rather than recycling it) is almost unheard of. After just a year or two of use, a Windows machine gets so gummed up with spyware, viruses and other nasty stuff that it seems malicious to ask anybody for money for the thing.
Furthermore, it's been brought to my attention that there's an entire album of the Supremes singing country western. Available only on vinyl, of course.17. (The Man with The) Rock and Roll Banjo Band - The Supremes
It is obvious and wholly understandable that when people approach you they want to present themselves as separate from the herd: they are not aware that the more they attempt to be different the more they are in fact identical. When I had a crush on Donny Osmond I was convinced that if he could only get to know me he would discover that I was so different from everyone else around him that he would understand how we were meant for each other. This is Stance A, the Standard Defining Fan Feeling, and covers the beliefs of all fans from obsessive to faint admirer.God, I love the internets.
You are a New Left Hipster, also known as a MoveOn.org liberal, a Netroots activist, or a Daily Show fanatic. You believe that if we really want to defend American values, conservatives must be exposed, mocked, and assailed for every fanatical, puritanical, warmongering, Constitution-shredding ideal for which they stand.
Take the quiz at www.FightConservatives.com