Read more of this story at Slashdot.
Read more of this story at Slashdot.
sorry about the Doctorow share
Copyright scholars have long been pretty certain that "Happy Birthday to You" is in the public domain, despite the fact that Warner/Chappell claims copyright on it and charges impressive licensing fees to use it in public performances. Those fees, however, are much lower than a copyright lawsuit would be, so everyone shrugs and pays them. Until now.
A documentary film company working on a movie about "Happy Birthday" has assembled a huge body of evidence showing that the song has been in the public domain since the 1920s, and is suing Warner to get them to return the hundreds of millions they've improperly charged in licensing since. This is gonna be great.
The full lawsuit, embedded below, goes through a detailed history of the song and any possible copyright claims around it. It covers the basic history of "Good Morning to You," but also notes that the "happy birthday" lyrics appeared by 1901 at the latest, citing a January 1901 edition of Inland Educator and Indiana School Journal which describes children singing a song called "happy birthday to you." They also point to a 1907 book that uses a similar structure for a song called "good-bye to you" which also notes that you can sing "happy birthday to you" using the same music. In 1911, the full "lyrics" to Happy Birthday to You were published, with a notation that it's "sung to the same tune as 'Good Morning.'" There's much more in the history basically showing that the eventual copyright that Warner/Chappell holds is almost entirely unrelated to the song Happy Birthday to You.
The detail in the filing is impressive, and I can't wait to see how Warner/Chappell replies. As the filing notes, there are a variety of copyright claims around the song, but all are invalid or expired, and the very, very narrow copyright that Warner/Chappell might hold is not on the song itself. In other words, Warner/Chappell is almost certainly guilty of massive copyfraud -- perhaps the most massive in history -- in claiming a copyright it clearly has no right to.
take no shit 2014
hey congrats, GN
McCoy sat out the 2013 season with a torn left Achilles tendon.
The Seattle Seahawks fear that tight end Anthony McCoy could have torn his Achilles for the second year in a row, per Michael David Smith of Pro Football Talk. He was injured on Tuesday in practice and was carted off the field for further testing.
McCoy didn't play a single game in 2013 after suffering a torn left Achilles tendon. This time around, the report is that his right Achilles might be torn as well. Pro Football Talk has the word from head coach Pete Carroll:
"Early indications are he hurt his other Achilles," Carroll said. "If it is what they think it is, it's just a real heartbreaker. He worked so hard to get back and all. If it was the same Achilles you might understand it, but we think it's the other one. So we'll see what happens."
McCoy was the team's sixth-round selection in the 2010 draft for the Seahawks and played in all 16 games in 2011 and 2012. Unfortunately he's going to face an uphill battle both in rehab and to remain with the team beyond the 2014 season.
Zach Miller and Luke Wilson remain the primary tight ends on the roster.
McCoy has 31 receptions for 431 yards and three touchdowns in his career.
Please keep in mind that I work for a NATIONAL newspaper. And yet they still find the time and space to keep me humble. Thanks, guys!
'George Zimmerman has been providing security at a Florida motorcycle dealership, according to a police report, although a manager at the location denied he’s an employee or being paid.
Zimmerman, 30, is named in a July 27 DeLand Police Department report detailing how an officer spotted a dark-colored truck sitting behind Pompano Pat’s, a motorcycle dealership owned by businessman Pat Johnson, who is running for mayor of the city north of Orlando.
“Dispatch informed me that the vehicle was registered to George Zimmerman out of Sanford,” the police report reads. “Zimmerman informed me that he was sitting behind the business with the permission of the owner, Pat Johnson. Zimmerman stated that he had been friends with Johnson for a period of time and was watching the business due to a recent burglary.”
Zimmerman, who was cleared of all charges last year in the high-profile shooting death of 17-year-old Trayvon Martin, was “very cooperative” and dispelled the officer’s alarm regarding the situation, the report continues.
Sam Porter, a manager at the dealership, told FoxNews.com that Zimmerman is not an employee at the location and is a longtime friend of Johnson, who is challenging incumbent DeLand Mayor Bob Apgar.
“George is not being paid as a security guard by Pompano Pat’s,” Porter said. “He and Mr. Johnson are just friends.”'
George Zimmerman ID'd in police report as guard at Florida motorcycle shop
April 20, 2012: In this file photo, George Zimmerman, left, answers a question from attorney Mark O'Mara during a bond hearing in Sanford, Fla. (AP). George Zimmerman has found work as a security guard at a Florida motorcycle dealership, according to a ...
and more »
all carriers suck forever
After consulting focus groups of Internet customers, government researchers have come to a conclusion that should surprise no one: people don't want data caps on home Internet service.
But customers are getting caps anyway, even though ISPs admit that congestion isn't a problem. The US Government Accountability Office (GAO) today released preliminary findings of research involving surveys of cellular carriers, home Internet providers, and customers.
The majority of top wireline ISPs are at least experimenting with data caps. But while cellular carriers say they impose usage-based pricing (UBP) to manage congestion on wireless networks, that's not the case with cable, fiber, and DSL. "Some wireless ISPs told us they use UBP to manage congestion," the GAO wrote. On the other hand, "wireline ISPs said that congestion is not currently a problem."
Any possible move would be a long way off, but the franchise is apparently looking into it.
The Oakland Raiders recently discussed a potential move to San Antonio with officials from the Texas city, according to the San Antonio Express-News. The meeting, which included owner Mark Davis and two other staff members, reportedly took place on July 18. Davis declined comment from CSN Raiders insider Scott Bair.
I reached Raiders owner Mark Davis by phone. He declined comment on a report regarding possible move to San Antonio.— Scott Bair (@BairCSN) July 29, 2014
NFL senior vice president of communications Greg Aiello told the Express-News the Raiders have not applied for relocation with the league. The team would need 24 of the NFL's 32 owners to vote in favor of a move for it to happen.
"We don't have any information about (Davis' meeting in San Antonio), so there is no reason for us to comment," Aiello said Tuesday. "We have received no applications from any of our teams to relocate at this point, so there is nothing for us to respond to."
The Raiders currently play in O.co Coliseum, sharing the venue with Major League Baseball's Oakland Athletics. The team's lease expires at the end of this season, and there has been talk of building a new stadium on the same site. However, the Athletics are in talks on a 10-year lease extension with O.co, which would obviously impact the Raiders' plans.
If the Raiders were to actually make the move to San Antonio, they would likely begin by playing home games at the Alamodome, which seats up to 72,000. Opened in 1993, the stadium is home to the University of Texas-San Antonio Road Runners, the Arena Football League's San Antonio Talons and college football's Alamo Bowl. It would need upgrades and could be ready for the start of the 2015 season, according to the Express-News.
with a variation on the "if you click this we'll torture a dog" theme
iconic orc paladin!
did not know Charles Soule was a lawyer
mohawk Storm beat, Kamala Khan beat, KAAAAAATE beat, Phil Noto beat, Kitty Pryde beat
New or returning to Marvel comics, or have a friend who is? Here’s the Cliffs Notes on Marvel’s female-led solo titles and 15 lead female characters RIGHT NOW in August 2014:
1. Captain Marvel
WHO SHE IS: Carol Danvers is an Avenger, pilot, and all-around butt-kicking leader who can fly, has superhuman strength, and shoots energy blasts. She formerly used the alias Ms. Marvel. Carol has recently left Earth to be an “Avenger in space” traveling with the Guardians of the Galaxy.
WHERE TO FIND HER RIGHT NOW: Captain Marvel, written perfectly by the peerless Kelly Sue DeConnick, has one of the biggest and best fan followings in comics: the #CarolCorps! Carol defends displaced, marginalized people groups, and forms new friendships with other adventurers. Also check out Guardians of the Galaxy.
2. Ms. Marvel
WHO SHE IS: Kamala Khan is a New Jersey teen who is Pakistani American, Muslim, a huge Avengers fan, and who suddenly became a super-strong shapeshifter when her powers were activated, revealing that she is an Inhuman (a race in the Marvel Universe with powers).
WHERE TO FIND HER RIGHT NOW: Ms. Marvel, by writer G. Willow Wilson and artist Adrian Alphona (Runaways). It’s one of the most entertaining Marvel comics and is easily accessible for new Marvel readers, requiring zero familiarity with any other comics.
3. Black Widow
WHO SHE IS: Natasha Romanov is an Avenger, ex-KGB spy, S.H.I.E.L.D. (spy organization on the side of the good guys… usually) agent, and a deadly assassin.
WHERE TO FIND HER RIGHT NOW: Black Widow by writer Nathan Edmondson and artist Phil Noto is riveting and gorgeously illustrated. A perfect comics entry point if you’re a fan of the Marvel Cinematic Universe. If you want more of her interacting with Hawkeye, Jessica Drew (Spider-Woman), and S.H.I.E.L.D., read Secret Avengers.
WHO SHE IS: Jennifer Walters is a smart, cosmopolitan lawyer who gained super-strength after a blood transfusion from her cousin, Bruce Banner, aka Hulk.
WHO SHE IS: Ororo Munroe is a mutant with the power to control weather. She leads the majority of X-Men as one of their main leaders. She’s been worshipped as a goddess, is the former queen of a nation, and is headmistress of the Jean Grey School.
WHERE TO FIND HER RIGHT NOW: Storm, her solo title by writer Greg Pak and artist Victor Ibanez, just started on July 23, so now is the time to start reading it. Also, she is a major character in X-Men, Amazing X-Men, and Wolverine and the X-Men.
WHO SHE IS: Known as “the world’s deadliest assassin,” Elektra is one of the most skilled martial artists in the Marvel Universe. Now with her solo title, she is finally choosing her own stories separate from her long history of working for an organization (The Hand (a ninja clan), S.H.I.E.L.D., Hydra) or being the supporting cast in someone else’s story (Daredevil).
WHERE TO FIND HER RIGHT NOW: Elektra by writer Haden Blackman and artist Mike Del Mundo has some of the best art you’ll see in comics, period. She’s also in Thunderbolts with other grittier characters like Punisher and Red Hulk.
WHO SHE IS: Originally a character in the Spawn comics, Angela is now a fixture in the Marvel Universe and has recently traveled with the Guardians of the Galaxy. She is a fierce warrior with a severe, no-nonsense personality and unrivaled fighting skills. She was raised among angels and was thought to be an angel, but recently in July 2014, it’s been revealed that Angela is Thor Odinson’s sister and is Asgardian.
WHERE TO FIND HER RIGHT NOW: Thor & Loki: The Tenth Realm by Jason Aaron and Al Ewing is a miniseries concurrent with Marvel’s larger Original Sin event, but you don’t have to read any of Original Sin to understand The Tenth Realm. The miniseries reveals Angela’s secret history and connection to Asgard. In November 2014, Angela will get her own solo title: Angela: Asgard’s Assassin, by writers Kieron Gillen and Marguerite Bennett and artists Phil Jimenez and Stephanie Hans.
WHO SHE IS: Known as “The Most Dangerous Woman in the Universe,” Gamora is the adopted daughter of Thanos (a supervillain and classic Avengers foe). She is the last of her species and was raised by Thanos to be an assassin. No longer loyal to Thanos, she joined the Guardians of the Galaxy.
WHERE TO FIND HER RIGHT NOW: Guardians of the Galaxy.
9. Hawkeye (not that Hawkeye)
WHO SHE IS: Kate Bishop is a Young Avenger and the Young Avengers’ frequent field leader, the best archer on the planet (take that, Clint), the daughter of a rich, mostly absent father, and my favorite person in comics. She’s 18 or so, doesn’t care for her privileged upbringing, has hung out a lot with Clint Barton and saved his ass repeatedly, and recently left NYC for Los Angeles with Clint’s dog, Lucky.
WHERE TO FIND HER RIGHT NOW: Hawkeye, by writer Matt Fraction and artists David Aja and Annie Wu. Can we say enough good things about Annie Wu’s illustrations of Kate? No, we can’t.
WHO SHE IS: Queen of the Inhumans, a race that previously resided in a city called Attilan, but who are now dispersed after Attilan was destroyed, and many humans around the world were activated in their powers and revealed to be Inhumans. Her husband, Black Bolt, has mysteriously disappeared, leaving her to deal with the aftermath of this major change in the Inhumans’ status quo. She has psychokinetic ability to animate her hair.
WHERE TO FIND HER RIGHT NOW: Inhuman, by writer Charles Soule and artist Joe Madureira. Later this fall and going into 2015, she’ll play a major role in Marvel’s Avengers NOW! initiative.
11. Nico Minoru
WHO SHE IS: Powerful spell-casting teenage witch and wielder of the Staff of One, former Runaways leader, daughter of secretly evil parents (now deceased). Ended 2013 by surviving Avengers Arena.
WHERE TO FIND HER RIGHT NOW: Avengers Undercover, by writer Dennis Hopeless. Undercover follows the survivors of Avengers Arena. It’s one of Marvel’s few books featuring a teen cast. The survivors are now living in Bagalia, a sovereign state completely inhabited by villains. Nico and her friends masquerade as bad guys while weighing their post-traumatic future.
WHO SHE IS: Monica Rambeau is a long-time Avenger and former Avengers team leader. She can transform into pure electromagnetic energy, fly, shoot energy blasts, and move at super-speed. She previously used the aliases Pulsar and Captain Marvel.
WHERE TO FIND HER RIGHT NOW: Mighty Avengers, by writer Al Ewing and artist Greg Land. Along with Luke Cage, Falcon, She-Hulk, and other Avengers from New York City, she fights villains in a title filled with action scenes and great team dynamics.
13. (Young) Jean Grey
WHO SHE IS: One of the Original Five X-Men who has been brought from her original 1960’s-ish timeline into the Marvel present. Thus, she’s still a teen, still discovering her telepathic and telekinetic powers, and recently discovered that her abilities are more powerful and unpredictable than her adult (deceased) self’s. Jean is also a wide-eyed ingenue whom the boys fight over, of course.
WHERE TO FIND HER RIGHT NOW: All-New X-Men by writer Brian Michael Bendis and artist Stuart Immonen. All of ANXM’s plotlines have revolved around Jean, who attracted the attention of both the alien Shi’ar and the Future Brotherhood, an evil band of mutants who time-traveled from the future to attack her.
14. Kitty Pryde
WHO SHE IS: Long-time X-Men member, a favorite student of Professor Charles Xavier, and more recently a professor at the Jean Grey School whom students affectionately called “Professor K.” Loyal to the teenage Original Five, she left with them for Cyclops’ rival school and home. Has the ability to phase through solid objects.
15. Invisible Woman
WHO SHE IS: Sue Storm is the matriarch of Marvel’s “First Family,” the Fantastic Four. She’s a strong, resolute leader and doesn’t let anyone, least of all her impassive husband, Reed Richards, sway her decisions. She has powers of invisibility and force fields.
WHERE TO FIND HER RIGHT NOW: Fantastic Four, by writer James Robinson and artist Leonard Kirk.
loudlysilent (Draven Katayama) writes for Newsarama and Geeked Out Nation, contributes to the X-Men podcast Mutant Roundtable, and writes something non-comics related every Tuesday at loudlysilent.com. Say hi on Twitter, Tumblr, and Facebook.
One of the most popular ways to cool yourself off during a muggy Japanese summer is with a bowl of shaved ice, known as kakigoori. However, not everyone has the sweet tooth or enduring connection to their inner child that’s necessary to enjoy the brightly colored, syrupy sweet frozen treat that’s usually flavored like strawberry, melon, or lemon.
Thankfully, if you’re looking for a chilled dessert that’s a little more adult, a restaurant in Kyoto has just the thing: shaved ice with whiskey.
During the summer, many high-rises in Japan open beer gardens on their roofs. Soradoko in Kyoto, which is open from now until October, decided to shake up its menu a little bit, and instead of focusing on beer, makes whiskey highballs its specialty.
This, of course, means Soradoko has to keep a lot of whiskey on hand, which has in turn led to it getting a little creative with whiskey shaved ice. Made with either Yamazaki or Shirasu, two of Suntory’s best-known brands, both the Mizore Yamazaki and Mizore Shirasu come with lemon, Soradoko’s own mildly sweet syrup, and soda water.
Aside from its 1,200 yen (US$11.90) whiskey shaved ice, Soradoko also has a variety of cocktails in its Fruit Jar series. The flavors offered are made with tropical fruits from Miyazaki Prefecture, such as mango and hyuganatsu citrus.
Soradoko isn’t strictly for drinkers, as there’s food on the menu too. The restaurant is managed by the same company as the Tsukada Nojo chain of izakaya pubs, and there’s even some crossover between the menu, such as flat-grilled Miyazaki Jitokko chicken.
Tasty as it looks, we still have to say the main draw here is the whiskey shaved ice. Even though we were just in Kyoto, it’s already got us wanting to go back again to find out what it feels like to get buzzed using a spoon.
Soradoko / 空床
Address: Kyoto-fu, Kyoto-to, Nakagyo-ku, Sanjodori Kawaramachi Higashi-iri, Nakajimacho 110, Sanjo Forum Building rooftop
Open 5 p.m.-midnight
Ms Marvel recently went to its sixth printing, a rare accomplishment in comics today.
But chatting with Marvel executives at San Diego Comic Con I discovered more. That it sells more in digital than print, and that includes the first issue.”
Relevant to something I was wondering about yesterday. (From here.)
Les Claypool, Larry ”Ler” LaLonde, and Tim “Herb” Alexander haven’t released an album together as Primus since 1995’s gold-certified Tales From The Punchbowl. But they reunited—along with cellist Sam Bass and percussionist Mike Dillon—last year for a special performance that saw them covering the entire soundtrack of 1971’s Willy Wonka And The Chocolate Factory. And now that set will be immortalized in a new album, Primus And The Chocolate Factory With The Fungi Ensemble, due October 21 (preorder here). Primus has already offered a taste of the upcoming LP by releasing its version of “Pure Imagination,” streaming below.
The album will be accompanied by a month-long U.S. tour, which drummer Alexander plans to be part of, despite recently suffering a heart attack. Claypool told Rolling Stone that the sets will start as a “stripped-down” Primus performance, then pull back the curtain for a full-fledged ...
'Now that Disney owns Marvel, for example, Marvel doesn't need SDCC's megaphone anymore; they've got their own. All SDCC does anymore is offer up a solid four days a year in which the media focuses on nerdy IP almost exclusively, which makes it a popular dumping ground for things like the Mad Max: Fury Road trailer at the top of this post. But nerds already dominate the media. They've won the game. They don't need a convention to praise them anymore when there's a whole media structure there to provide year-round promotional duties.'
I guess I don't understand the point of San Diego Comic-Con anymore. It used to be the event where the comic book industry revealed their most exciting plans for the year ahead, but now those announcements are spread around to all the various conventions, especially New York Comic Con and Chicago Comic Con. For a brief time, it was where superhero movies debuted and sought the approval of the true nerd fanbase. But all Marvel and DC did at this SDCC is hold press conferences about how great their upcoming movies are going to be. And why should they announce anything new at SDCC? There's a whole nerd-movie internet out there just waiting to swarm like piranhas around any scrap of a press release issued by these studios every day of the year. Why release new information at SDCC when it just gets swallowed up by everything else at SDCC?
I suppose a lot of people go to SDCC to see exclusive footage from movies that are a year away from being released. A horde of lawyers are now chasing crappy phone-cam recordings of that exclusive footage all around YouTube, but they've certainly gotten the nerd media excited. Maybe that's all this is? An attempt to prime the pump for future nerdy movies? But that hardly seems necessary; as I said above, any number of blogs and media sites are clamoring for any access studios will give them to their intellectual property.
SDCC seems, to me, to be a holdover from the days before mega-corporate domination of nerd properties. Now that Disney owns Marvel, for example, Marvel doesn't need SDCC's megaphone anymore; they've got their own. All SDCC does anymore is offer up a solid four days a year in which the media focuses on nerdy IP almost exclusively, which makes it a popular dumping ground for things like the Mad Max: Fury Road trailer at the top of this post. But nerds already dominate the media. They've won the game. They don't need a convention to praise them anymore when there's a whole media structure there to provide year-round promotional duties. The media hoopla over Comic-Con is just a holdover from the past, from the days before we all became nerds.
corporations are npcs
Market Basket in Esquire
what's better, Vines or GIFs of Vines
'What I’d love to see is something formal where Apple listens to developer feedback about the App Store' lolololOLOLOLOLOL
Marco, in App Rot:
Apple’s App Store design is a big part of the problem. The dominance and prominence of “top lists” stratifies the top 0.02% so far above everyone else that the entire ecosystem is encouraged to design for a theoretical top-list placement that, by definition, won’t happen to 99.98% of them…
The best thing Apple could do to increase the quality of apps is remove every top list from the App Store.
We’re not employees, so a union doesn’t make sense. But it’s still true that a group of some kind has more leverage than individual developers.
What I’d love to see is something formal where Apple listens to developer feedback about the App Store. It’s their App Store, but it’s also the only market place for iOS apps — and, because it’s the only game in town, fairness suggests that we’d have at least an advisory role (beyond kvetching on blogs and Twitter and Radar).
But how this should work is beyond me. (I grew up more on Robert Heinlein than on Ursula K. LeGuin.)
Today, 3D Robotics – the leading North American drone company across both consumer and enterprise channels, announces its acquisition of Sifteo, a cutting-edge consumer electronics company.
Sifteo’s team of consumer electronics industry veterans (UX designers, engineers, manufacturing experts, retail operations, etc.) bring expertise in building high-quality, high-tech consumer products in large volumes and getting them into mass retailers. Sifteo’s engineering team has developed a set of core technologies for high-performance embedded computation, low-latency wireless communication, virtualization techniques, and sensor fusion, which can be applied to various products.
The focus of the newly combined entities post-acquisition is on expanding from 3D Robotics’ current market leadership position in the B2B and sophisticated developer and hobby drone sectors, to establishing similar market leadership in more out-of-the-box products for the everyday consumer, a vast and still emerging market segment.
Chris Anderson, CEO of 3D Robotics (and former Editor in Chief of Wired Magazine and bestselling author of The Long Tail) commented “When we first engaged with the Sifteo team, and saw their skillset, experience, and IP portfolio, we immediately recognized the impact they would have working with us to transform and grow the consumer drone market. Their consumer electronics experience and deep product skills complement our technology perfectly. We are thrilled to have the resources of both groups together to lead what we believe will be a billion dollar market over the next few years.”
Sifteo, previously supported by multiple research grants from the National Science Foundation and venture financing from True Ventures and Foundry Group, will leave their customer support open for at least a full year for existing Sifteo customers.
A hungry goat trying to reach the low hanging fruit off a tree precariously balances on the back of a very accommodating donkey in this silly video posted by Rumble Viral. While it’s more than likely that this act was staged, the donkey was nonetheless very gracious in helping out a friend.
_but at what cost_
Running for as little as five minutes a day could add years to your life. And it doesn't matter how fast you run. After studying 55,137 adults between the ages of 18 and 100, it was discovered that runners had a 30% lower risk of death from all causes and a 45% lower risk of death from heart disease or stroke.