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.
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.
"From Wall Street's perspective, we estimate the impact of accepting the [writers'] proposal is largely negligible," Bear Stearns wrote in a report last week.From the reports that I've read, it appears that the chief negotiator is the same guy who suckered the writers on DVDs many years back, and he's operating on his own need for legacy, and some of the studios, particularly those heavily into TV production, are not happy with him.
The firm estimates that the $120 million figure would carry an average impact of less than 1% on annual earnings per share for the media companies. That does not factor in any concessions by the writers' side (the WGA), where the principal issue is a desire for a piece of ad dollars from new-media distribution.
The potentially small financial impact suggests that studios (Alliance of Motion Pictures and Television Producers) are more concerned about setting a precedent in new-media revenue sharing. However, Bear Stearns wrote that the writers' forecast for that market "strikes us as fairly aggressive." The firm hinted that studios are looking to the future. They are concerned that a favorable settlement would embolden directors and actors in their coming renegotiations.
The company-to-company discussions ffollow an October 2007 intergovernmental agreement between Russia and India signed an on the cooperative development of a fifth-generation multi-role fighter. “This will be 50/50 cooperation in terms of intellectual property, resources and money,” said [Sukhoi CEO Mikhail] Pogosyan.It appears that the Indian variants will have entirely Indian avionics, which is likely the result of Indian industrial policy.
For these billionaires, the ROI of the Conservative Movement is absolutely spectacular. At the micro level, for example, if you want to create an aristocracy, then you want to eliminate any taxes on inherited wealth, despite what Warren Buffet or Bill Gates might say about the values entailed by that project. So, the Conservative Movement goes to work, develops and successfully propagates the term “death tax” — which they may even believe in, as if sincerity were the point — and voila! Whoever thought that “family values” would translate to “feudal values” and dynastic wealth? At the macro level, their ROI has been spectacular as well. Real wages have been flat for a generation; unions have been disempowered; the powers of corporations greatly increased; government has become an agent for the corporations, rather than a protector of the people; the safety net has been shredded; and so on and on and on.Ponnuru is where he is because the right wing infrastructure recognizes him as an asset that offers a very good return on investment.‡
But let's face it, Obama has to dance around in a tutu and fairy wings or he goes from "friendly magical Negro who just might be electable" to "Angry Scary Black Man.Personally, I'm not inclined to believe this. Even if was the intent, behavior becomes internalized through habit. Eventually, you become what you are pretending to be.
Ms. Bumiller says that if President Bush and Ms. Rice can produce a settlement in the Middle East between Israelis and Palestinians and an end to North Korea’s nuclear program, it would give them claims on success that would significantly improve their historical reputations.The classic rejoinder is the Yiddish, "Az der bubbe vot gehat baytzim vot zie geven mein zayde." (If my grandmother had balls she'd be my grandfather.)
What distinguishes Ms. Bumiller’s book from other initial studies of the Bush administration and its principal actors is its absence of finger pointing or polemics. Ms. Bumiller’s biography is scrupulously fair and most notable for its above-the-battle tone. In Ms. Bumiller’s rendering Ms. Rice is neither hero nor villain but an ambitious woman whose achievements and shortcomings speak for themselves.So Bumiller's book is nothing. An active aggressive nothing. The sort of nothing that makes the TV show Seinfeld feel like it was about something.
“It was obvious from Rice’s many metamorphoses that her real ideology was not idealism or realism or defending the citadels of freedom, although she displayed elements of all of them,” Ms. Bumiller writes. “Her real ideology was succeeding.”If this means that she thinks that Condi Rice is primarily interested in advancing Condi Rice, then it's an interesting point far too obliquely made, and if If she means that Condi cares about getting things right, I don't think so, or as a commenter on another blog says:
Wow. Doesn't tripe that insipid belong on the op-ed page under a David Brooks byline? I recognize that book reviews aren't exactly news reporting, but this is ridiculous.Condoleeza Rice has been egregiously and adamantly wrong about everything, but she has continued to fail upward.
Robert Johnston | 12.27.07 - 9:04 pm | #
Back in 2003 all the Kewl Kids, as a lot of my friends call them,FWIW, I call them "very serious people".
thought that to suggest that Bush was misleading us into war was, you know, shrill — it marked you as not being a Serious Person.This is kind of like the term "Prematurely anti-fascist" that was big in the 1950s.
And here’s the thing: they still do. Even now, it’s better for your reputation not to have noticed until, say, 2005 that we had some dangerous people running the country. If you noticed earlier — or, worse yet, you caught on to the administration’s essential mendacity right from the beginning — it’s not a sign that maybe you had good judgment. It shows that you were an irrational Bush hater.
To date, the Kansas GOP has identified and caged more voters in the last 11 months than the previous two years!There is a primer to this illegal, the RNC has been under a consent decree for some time, and quite frankly UnAmerican technique here.
Benazir Bhutto was a brave and historic leader for Pakistan. Her assassination is a sad and solemn event, and our hearts go out to her family and to the Pakistani people. But we will not let this contemptible, cowardly act delay the march of progress in Pakistan for a single second.Compares favorably to the posturing by Clinton, Obama, Romney, Giuliani, etc. where they all basically say, "this is why you should vote for me"
I have seen firsthand in Pakistan, and in meetings with Prime Minister Bhutto and President Musharraf, the instability of the country and the complexity of the challenges they face. At this critical moment, America must convey both strength and principle. We should do everything in our power to help bring the perpetrators of this heinous act to justice and to ensure that Bhutto's movement toward democracy continues.
...., is a hybrid ballistic missile that in its final stages becomes a modified cruise missile. In this guise, the warhead cannot be targeted by anti-missile systems that rely on a ballistic trajectory for their calculations.
You can see see the aerodynamic surfaces, and the radome on this picture of a Pershing II launch from Wiki.
That's one "progressive" blogger's reaction to the possibility that I will become a regular columnist for Time.(emphasis mine)
But if by a "Liberal" they mean someone who looks ahead and not behind, someone who welcomes new ideas without rigid reactions, someone who cares about the welfare of the people -- their health, their housing, their schools, their jobs, their civil rights, and their civil liberties -- someone who believes we can break through the stalemate and suspicions that grip us in our policies abroad, if that is what they mean by a "Liberal," then I'm proud to say I'm a "Liberal."You can also refer to the late Steve's Gilliard's post on the subject. He was alway rather insistent on his use of the term "liberal", rather than "progressive".
It's change that won't just come from more anger at Washington or turning up the heat on Republicans....OK, I differ, but it's consistent with his message.
But I also know this. I know that hope has been the guiding force behind the most improbable changes this country has ever made. In the face of tyranny, it's what led a band of colonists to rise up against an Empire.Let's run the numbers: 25,000 American casualties, 8000 in battle, 17,000 from disease including about 8000 who died as prisoners of war, and a slightly smaller number of British casualties. This isn't hope, this is Bismark's, "Blood and Iron", at a cost of somewhere north of 1% of the population of the 13 colonies.
In the face of slavery, it's what fueled the resistance of the slave and the abolitionist, and what allowed a President to chart a treacherous course to ensure that the nation would not continue half slave and half free.In justification of what the slave owners considered their property, we have 110,000 Americans killed in action, with 360,000 total dead in US service, and 93,000 Confederate KIAs and 258,000 dead in CSA service, a number amounting to about 1 in 30 people living in the United States.
In the face of war and Depression, it's what led the greatest of generations to free a continent and heal a nation.World War II, huh? We have 73 Million dead.
In the face of oppression, it's what led young men and women to sit at lunch counters and brave fire hoses and march through the streets of Selma and Montgomery for freedom's cause.Which ignores the bombings of school girls, tens of thousands of lynchings in Jim Crow land, resulting an ethnic cleansing of hundreds of thousands of Black Americans from the South to the North.
That's the power of hope - to imagine, and then work for, what had seemed impossible before.The people were not swayed by a desire for change and hope, they were forced kicking and screaming, and the sons of Jim Crow, in their heart of hearts still believe, "segregation now, segregation tomorrow, segregation forever". Trust me, I'm white, and I've lived in the south, and I heard the "white to white" discussions during things like the OJ trial and following Katerina.
The ring is a bit goofy. Basically, it lets its bearer generate streams of green energy that can take on all kinds of shapes. The important point is that, when fully charged what the ring can do is limited only by the stipulation that it create green stuff and by the user's combination of will and imagination. Consequently, the main criterion for becoming a Green Lantern is that you need to be a person capable of "overcoming fear" which allows you to unleash the ring's full capacities. It used to be the case that the rings wouldn't function against yellow objects, but this is now understood to be a consequence of the "Parallax fear anomaly" which, along with all the ring's other limits, can be overcome with sufficient willpower.
Suffice it to say that I think all this makes an okay premise for a comic book. But a lot of people seem to think that American military might is like one of these power rings. They seem to think that, roughly speaking, we can accomplish absolutely anything in the world through the application of sufficient military force. The only thing limiting us is a lack of willpower.
What's more, this theory can't be empirically demonstrated to be wrong. Things that you or I might take as demonstrating the limited utility of military power to accomplish certain kinds of things are, instead, taken as evidence of lack of will. Thus we see that problems in Iraq and Afghanistan aren't reasons to avoid new military ventures, but reasons why we must embark upon them: "Add a failure in Iran to a failure in Iraq to a failure in Afghanistan, and we could supercharge Islamic radicalism in a way never before seen. The widespread and lethal impression of American weakness under the Clinton administration, which did so much to energize bin Ladenism in the 1990s, could look like the glory years of American power compared to what the Bush administration may leave in its wake."
What a stupid and vapid woman this is, but respected and admired by our media class because she fits right in with them -- endlessly impressed by her own sophistication, maturity and insight while drooling out platitudes one never hears except in seventh-grade cafeterias and on our political talk shows. As always, this isn't worth noting because the adolescent stupidity on display here is unique to Noonan, but precisely because it isn't. This is how our national elections are decided: by people like her, spewing things like this.
Video of the scene just moments before the explosion showed Bhutto stepping into a heavily-guarded vehicle to leave the rally.You don't get bullet wounds from a bomb.
Khan said while it appeared Bhutto was shot, it was unclear if her bullet wounds were caused by a shooting or shrapnel from the bomb.
In interviews, aides said Ms. Clinton, of New York, and Mr. Edwards, of North Carolina, had negotiated flat fees with their top consultants. And Mr. Obama, of Illinois, has capped what his consultants can earn, which will convert their more traditional percentage deal into a flat fee once his ad spending passes a certain threshold, his aides say.As on healthcare, the putative "candidate of change" is taking the more timid and status quo route.

A health plan, the court went on, "may not adopt a 'wait and see' attitude after learning of facts justifying rescission." The court said companies could not continue to "collect premiums while keeping open its rescission option if the subscriber later experiences a serious accident or illness that generates large medical expenses."
Buyers, sellers and other market participants typically monitor fluctuating home values through sale records that legally have to be listed with county clerks. But incentives offered to buyers -- ranging from free cars or furniture to cash rebates -- are making those prices less reliable as a sign of what buyers actually paid, netting out the giveaways. And that may be misleading lenders and people shopping for homes, some real-estate lawyers and appraisers warn.Well, duh.

"California met every criteria . . . on the merits. The same criteria we have used for the last 40 years on all the other waivers," said an EPA staffer. "We told him that. All the briefings we have given him laid out the facts."
At a year-end press conference this morning, President Bush staved off questions about White House complicity in the destruction of CIA interrogation videotapes, refusing even to flatly deny that he was personally involved.Hmmmm...


To set the scene: Raymond got a call in 2000* from two former colleagues in New Jersey who ran a consulting shop called Jamestown Associates. They were working for Dick Zimmer, who was running against Rep. Rush Holt (D-NJ), the incumbent, and they were pulling out all the stops. (Ed. Note: This post originally stated that this happened in 2002 -- that was my mistake, not Raymond's.)Seriously, if it weren't for bigotry the Republicans would barely outpoll the Monster Raving Loony Party.
They'd already succeeded in getting a Green Party candidate on the ballot to drain liberal votes from Holt (a favorite GOP trick). And they had already put Raymond's firm to work calling Green-oriented households and urging them to support the Green candidate.
But what came next was "even better":
[Tom Blakely from Jamestown Associates] called me up and asked, "How do you guys find voice talent?"
"Well, I've got a whole catalog of different voices on CDs. I've got 'single Northeastern female,' I've got 'Southern belle' -- what are you looking for?"
"We're targeting Democrats of Eastern European descent using a surname select and geopolitical filter."
"Oh," I said, quickly doing the polarizing-voter math in my head. "How about 'angry black man'?"
"Yeah, that sounds good. What's his voice sound like?"
So I cued up one particular actor's CD on my computer and put the phone to the speaker. The track I played was one in which the actor was deliberately playing up a street gang character.
After listening for a few seconds, Blakely said, "That's the guy!"
So we had the actor record a spot over the telephone saying, "I'm calling as a Democrat, asking you to vote for the Democratic nominee. We need your vote for Holt."
I'm not saying that all Eastern European whites are racists, but, no matter where or when an election is held, there is a always a cultural divide that you can rely on. The message was "I'm ghetto black calling you, racist Ukrainian guy, and scaring the crap out of you because you probably think that if you don't vote for the Democrat I'm going to come to your house and take care of some business."
The calls were extremely highly targeted, household by household, no message ever left on an answering machine. We wanted the message heard only by people whose reaction would be "I'm not voting for Holt because he uses scary black men to call my house."
We made calls to Democratic union households supporting Zimmer, taped by actors putting on thick Spanish accents, figuring union workers were the voters who felt most threatened by immigration. The objective was to get them to throw up their hands and stay home on Election Day. We were just forcing those people to make a decision that was true to who they really were. If you want to question someone's character, look to the people who stayed home because of those calls.
Remember -- they were Democrats; they were supposed to be the tolerant ones.
Zimmer lost the election by 481 votes and the Green Party candidate picked up 2 percent in the polls.

Monoliners are specialist insurers who earn fees by lending their AAA ratings to US states, counties, and cities for bond issues - the safest corner of the credit industry.Does this sound familiar? It does to me.
The nasty twist is that most have ventured into mortgage debt to spice returns. They now face enough losses to threaten their AAA standing.
A downgrade means that every bond bearing their guarantee must be downgraded pari passu. Pension funds and institutions will be forced to liquidate sub-AAA holdings. A fresh cascade of distress sales will ravage the $2,400bn 'muni' market.
The unthinkable now looms. Moody's said it was "somewhat likely" that top insurer MBIA would fall below the AAA capital requirement: Fitch warns of a "high probability" that CIFG Guaranty and Financial Guaranty will be placed on negative watch.
The forest issues is simple: a business – the monoliners’ insurance of securities and holding of risky ABS securities – that is fundamentally based on having a AAA rating is a business that does not deserve a AAA rating in the first place: it is clear to all that if a monoliner were to lose its AAA rating the essence of its business model would fail and such monoliner would have to close shop. But in any industry you have firms that can do business and thrive with an AA or A or even lower rating, even among major financial institutions. Here we have instead an industry that would go bankrupt as soon as its AAA rating is lost: by definition this is not an industry that can deserve a AAA rating. So the issue is not one of how sound these monoliners are managed or whether they have enough capital or whether they can raise new capital to maintain their AAA status. There is a fundamental and conceptual flaw in a business model that is conditional on a AAA rating and that is in a business that insures assets and firms that do not have a AAA rating. This is analogue to the voodoo finance of taking subprime and BBB mortgage backed securities and turning them into AAA by the black magic of CDO tranching.This is not as the good Doctor Roubini admits, a painless process. This would involve losses in excess of $200 billion, but it is clear that this is a fraudulent practice, and the fact that the ratings agencies are giving these folks time to raise capital before a downgrade is merely supporting a "rotten business model".