Shared posts

08 Jul 04:49

On Matthew Perry (the actor, not the commodore*) and addiction

by Sarah
Quote of the Day:  “When I die, I'd like Friends to be listed behind helping people." - Matthew Perry

I've had a change of heart. I keep seeing all of this stuff about Matthew Perry and addiction everywhere, and I mentioned it a while back in my last post, but I buried it somewhere between reminiscing about how I used Tom Petty's forks and how I may or may not have planted my ass in a chair where Stevie Nicks once wrote a song, and I felt kind of bad about it.

In the grand scheme of the internet, this post will probably be mostly meaningless, but I like to give credit where credit is due. In today's world where everyone is whining about what they don't have instead of looking for the good in what they do, it's nice to see someone who's kind of broken through to that other side.

In my mind, Perry often gets a raw deal, whether it be from fans or gossipy journalist types. There's lot of negative in anything I've ever stumbled upon, and a quick search of Twitter tells me that people can be jerks. Heck, I remember being in Los Angeles several years ago and having an Australian acquaintance ask me if I happened to know the exact location where something not so great happened to him. But the thing is, we all make mistakes, and it's what we do with them that matters in the end and all that weepy stuff, and I like to see people who have gone through hell come out for the better, especially now when there is so much negative in the world.

In his situation, it'd be really easy to tell everyone to mind their own damn business, but he is using his experience to let others know they are not alone, and I admire that. 

Anyway, I was watching Diane Sawyer's version of the news a few weeks ago and I saw actor (not commodore) Matthew Perry there talking about addiction. A few of my friends had a huge crush on him in middle/high school, but honestly, I really never watched Friends in those days. I didn't fully begin to appreciate his talent as an actor until after that show was over, and Studio 60 on the Sunset Strip happened. Why oh why that show was taken off the air I'll never know. The acting, the writing, the chemistry amongst the cast - it was all fantastic. It was also smart and political and current  in a way that you really couldn't find elsewhere.

But where I was? Oh, yes, Matthew Perry. So, I enjoyed him in that show, and I saw bits and pieces of other things that he's done. I've seen him on a talk show here and there, and he's actually really funny, or at least, he plays that way on TV. I like that he is not afraid to make fun of himself. Anyway, I spend more time keeping up with Washington DC than I do Hollywood these days, so I was a bit surprised to see Perry turn up in that town. Apparently, he's been pushing drug courts which I actually think are a good idea. Essentially, they assure that breaking a drug law, in some cases, lands a person in rehab instead of jail. (Here's a video of him talking to Chris Matthews about it, though in traditional Chris Matthews fashion, the guest doesn't get to do much talking.)

But what I thought was even more amazing is that Perry has taken this desire to help others recover from their problems a step further than I think most other people would. The way I understand it is that he took his old Malibu beach home and turned it into a sober living house for men who are trying to recover from addiction. It just seems like an amazingly selfless thing to do. As I said, it is nice to hear about someone who is appreciative of what they do have, so much so that they are willing to share it with others who need it. (Did you get all that?) Basically, it's good to see that someone was able to turn their own life around and use that to try to help others do the same.

You can check out the Perry House here. (By the way, how amazing is that view?)

There's also an article in People magazine this week, and I can't quite bring myself to purchase it, but I would like to read it, and I'm sure it's worth checking out. Anyway, I don't know the guy and probably never will, so I don't know if he's a genuine person and all that stuff, but the point is that he seems to be making a difference in the lives of others, and that is all that matters.

Well, I have to go finish and article and get an hour or so of book editing in before I go to bed, but I wanted to put this out there. I'm sure it will get lost in a sea of everything else out there, but I do hope someone sees it and is encouraged to do something nice for someone else in some way, shape, or form.


*Military commodore, not the 1970's funk group. Did you know there was a commodore named Matthew Perry? I did not.
28 Jun 20:47

Blueberry Farming

by Jenny

blueberry group shotRemember I had that list of things to do before I turned 30? Well late is better than never, right?

Besides, if ever there was an excuse for putting something off temporarily, the total implosion of a marriage might be it. That or death. Or just plain laziness. But it was definitely the marriage thing in this case.

So here I am, a day late, but not a dollar short (metaphorically at least — this chica is on a budget), and I’m back to trying to do some of the things on my list because gosh darn it — life is for living.

C running through blueberriesVisit a ‘You Pick’ orchard and pick too much fruit

Last week, one of my BFF’s Nancy and I packed up all six of our kids and visited a blueberry farm. That’s two car seats, two boosters, half a bottle of sunblock, 12 shoes that are bugging at least seven feet, and that’s only because the other five have been kicked off at some point. Oh, and two mamas with cameras. And cameras I mean iPhones. Because it’s 2013.

So we got the place and sauntered shambled in to find out how the process worked. Each kid was given a small bucket. Each bucket had a capacity of two pints. Each pint cost $5. Six kids, six buckets, sixty dollars.

YOU MAY ONLY FILL YOUR BUCKETS LESS THAN HALFWAY!

We screamed that at them as they tore off down the rows of blueberry bushes.

We needn’t have worried.

blueberry spoilsI’m going to go ahead and guess that blueberries are friggin expensive because they’re so dang hard to collect. After 10 minutes or so, the kids all had at least three blueberries each.

Eventually we ended up with four pints of blueberries altogether, which may or may not have been too many, but when you think about it … who can have too many blueberries?

And if you do, you put them in the freezer and make pie out of them in December.

P.S. The kids pretended they were ninja power ranger super spy blueberry farmers. They had a blast.

P.P.S. The majority of them declared afterward that they hate blueberries and how dare we suggest they eat them.

22 Jun 03:28

Another Judge Figures Out What Prenda Is Up To, Reopens Closed Case, Demands Information On Settlements

by Mike Masnick
It would appear that yet another federal judge has taken an interest in what Prenda Law was up to for the past few years. Over in Minnesota, US Magistrate Judge Franklin Noel has reopened a case that Prenda had dismissed and ordered Prenda's local counsel, Michael Dugas, to supply an awful lot of information about the settlements they collected from people during the shakedown. The court points out:
In light of Mr.Cooper's letter and Judge Wright's order, it appears to the Court that the plaintiff has relied on forged documents in securing multiple court orders authorizing the discovery of information that, in turn, led to settlements in the above-captioned cases.
Because of that, it's reopening the case:
The Court agrees with the reasoning of Pino and concludes--based on its own interpretation of Rule 60(b)(3) and Rule 60(d)(3)--that it has jurisdiction to strike a plaintiff's notice of voluntary dismissal, reopen the case, and award appropriate relief when allegations of a possible fraud on the court come to its attention. This interpretation of Rule 60 is necessary to preserve the integrity the of judicial system.

All three elements of the Pino test are met here: (1) the plaintiff attached a fraudulent document to the complaint; (2) the Court relied upon that document in authorizing the discovery of internet subscriber information--information the plaintiff was not entitled to receive absent a court order; and (3) after obtaining the discovery (which--at least as far as the Court is aware--is the only relief the plaintiff ever seeks in these cases), the plaintiff settled and voluntarily dismissed all of these cases.
Given that, the court has ordered Dugas to supply the details of everyone in the case who settled, including their contact info, their attorneys' contact info, the exact terms of the settlement agreements, "including to whom any money was paid and the manner of payment" while also saying that Dugas needs to supply all of those who settled (and their attorneys) with Judge Wright's order in California describing Prenda's scheme. Given the identifying info, this will be filed under seal, but Dugas has only five days to do so. Either way, it seems that more and more judges are aware of what happened, and they're even going back into old cases to explore...

Permalink | Comments | Email This Story
    
01 May 03:22

On Ghosts, Fort Sumter, and Ed Helms

by Sarah
Happy Birthday to Me

If anyone still reads this thing on the reg (and let's face it, this is, like, my fourth update in 2013, so I kind of doubt it), you know that I made approximately 10,847 plans for my birthday last year, ranging from going to Los Angeles to see the LA Bluegrass Situation to seeing one of my favorite comedians perform in Atlanta...and every single one of them fell through for one reason or another.

This year, I couldn't let that happen. My birthday is in about a week, and while life could be better, I decided to stop everything and treat myself to a 100 percent stress-free trip to the Greatest City in the World.  Charleston. And while it wasn't 100 percent stress-free - I didn't even get out of town before realizing I had a flat tire, for example - I did actually get there and had a pretty good time

The GC and Me Head to the Greatest City in the World  

One of my favorite houses in Charleston.
I decided to take my gay cousin along, as he worked as my assistant when I had to spend some time there in 2011 for work, and he loves the place just as much as I do.Our grandfather was nice enough to loan us one of his cars, so I wouldn't have to worry about getting a new tire until I got back. Unfortunately, the radio in that particular car does not work. The first hour of the trip was fine; we made up songs about our family, and grabbed some food in Conyers. The next four hours were, well, let's just say that driving through backwoods South Carolina towns on a Saturday night in a large SUV that is hard to handle with your gay cousin sitting next to you singing along with his iPod's show tunes playlist at the top of his lungs would have been far more productive in the war against terror than waterboarding, but I digress.
The GC strolling through an old cemetery on Meeting Street. 


We arrived at our hotel in Mt. Pleasant late Saturday night. Let met just say that the Residence Inn by Marriott is not the most glamorous place, but the rooms are like cute little apartments. I wish I would have discovered it when I was there working for long periods of time.

Exploring Edisto Island 

The choppy waves at Edisto Beach.
Sunday was fairly uneventful. I got up early and worked on a few articles I needed to finish up, and we didn't leave the room until well around 1 p.m. We stopped by a little bagel shop for lunch, and then we drove out to Edisto Island. I took my mom there in November, and she found the place totally creepy, and because my gay cousin and I love to scare ourselves silly, we decided it would be the perfect place to spend a day. After driving around the island and stopping at an adorable little produce stand to buy some goodies, we walked around on the beach. That didn't last long. The water was cold and choppy, and the hurricane-like winds were blowing the sand so hard against our legs that it stung. That doesn't bother me so much, but my delicate cousin wasn't having it.

Instead of walking along the beach, we decided we'd check out the hiking trails. We decided to take the one that was nearly two miles long as it promised some great Indian mound at the end. While the maritime forest was pretty, hiking four miles in flip-flops was not the best idea I've ever had. I ended up with blisters on my feet, and the Indian mound was less than spectacular, but at least we got some exercise, I suppose.
The maritime forest on Edisto Island; no alligators :-(

After that, we went back to Poe's Tavern to eat up all the calories we burned walking and back to the hotel where we spent a great deal of time talking and reading about the Boston marathon bombing suspects.

Yes, folks, this is how I spend my vacations.

The Best Day on the Battery 

Monday was a little more exciting as we spent the day in Charleston proper. We headed downtown and parked along the battery. My cousin opted to sit in the park and read, while I watched two dolphins frolic in the water. After hanging out for about an hour, we decided to walk down Meeting Street and gaze at the amazing architecture the city is known for. We were only a few houses in when we noticed a sign advertising tours of one of the larger homes. After debating if we really wanted to pay the money just to go inside that house and deciding hell yes, we did, we spent about an hour walking around the garden and then listening to an adorable tour guide gives us the lowdown on the place. After that, we continued our tour, stopping to admire the houses, talk to the
The mansion we toured.
residents, and tour old cemeteries and churches.

For lunch we ate at the Brown Dog Deli on Broad Street. Wow is all I can say about that. I am very much a burger and chicken nuggets and whatever you can put ketchup on kind of girl, but my cousin challenged me to order something I wouldn't normally get. Let me just say, if you ever go there, the chipotle chicken pita is to die for!

After a really late lunch, we decided to make our way back to the car and headed back to the hotel. Somewhere along the way, we decided that it would be relaxing to spend the rest of the evening at our favorite spot on the beach in Isle of Palms, but the bugs had other ideas. Seriously, if there is a bug that bites within, like, a two-mile radius, it will find me and eat me up. Unfortunately, about a million of them descended on us at once, so we skipped out of there pretty quickly. Instead of relaxing on the beach, we hung out on Sullivan's Island for a bit. The highlight of that trip was seeing Jenny Sanford getting her workout on. We grabbed some take-out from Poe's (notice a theme here?), headed back to the hotel, and ate and watched TV for a while.
One of the fountains in the Calhoun house garden. 

The Ghosts  

For whatever reason, my gay cousin decided we should head back to the battery around 11 p.m. He was determined to play ghost hunters or something, and who am I to turn down the opportunity to be scared to death in the Greatest City in the World? For the most part, the place was empty. I watched the water for a while before joining him in the park where he asked me to recall what I knew about the pirate hanging that took place in the big trees that line the park. For some reason I kept thinking it was slaves, not pirates, so I took out my rusty trusty iPhone to find the real story. This is when things got a bit spooky.

Love the houses with the red, black, and white/cream.
I'm sitting on a bench, and he's standing in front of me, and I'm reading the story about the dead pirates that were left hanging in the trees that are surrounding us for several days, and all of the sudden we hear this really loud crack right behind me. Aside from a couple laying in the grass off to our right doing God knows what and some other forlorn-looking dude who seemed to be contemplating jumping into the Cooper River, we were alone, so I have no idea what that was. A few seconds later, we heard another crack just above us; it wasn't quite as loud, and given the pile of white goo that landed by my cousin's shoe, it was totally explainable.

After that, I decided I was not going to sit around and wait for pirate ghosts and/or battery birds to attack,
No ghosts, but how creepy is this busted grave on Edisto ?
so we moved out from under the trees, and I looked up more about what areas of town are supposedly haunted. We found that some inn on south Battery Street was the site of a suicide many years ago, so naturally we had to walk to it. There were still a few people stumbling back to their cars from the bars and restaurants, so we were not totally alone, but it was still a bit strange to be out there in the middle of the night. We got to the inn, and it did not seem particularly creepy, so we decided to go back to Meeting Street and walk around the block. Aside from a cat following us around, I didn't find that walk particularly ghostly either. However, shortly after we made a right on Atlantic, I began to hear footsteps behind me. I walk slow, and my tall, lanky cousin walks fast. When we walk together we always end up with some distance between us unless I jog or he purposely slows down. He was a good house or two ahead of me at this point, so I stopped, and the footsteps stopped. I turned around and saw no one, so I sped up. I was not about to be mugged or raped right in the middle of the Greatest City in the World

The park and battery are not so creepy in the daytime.
We turned down Church Street, and I was not particularly creeped out by it, but my cousin claims he was. He'd read some kind of ghost story about that area, but we couldn't find the exact spot that was allegedly haunted. By the time we got back to the battery area, we were both tired, a bit spooked, and ready to leave. When we got home, I decided to take a nice warm bath, and when I got out, I found my cousin sitting on his bed reading some book about Charleston ghost stories. He says, "You know that area where Meeting meets Atlantic? Some people supposedly died there..." and he proceeds to tell me some ghost story about the exact area where I heard the footsteps. Nifty.

No Fort Sumter for You 

Tuesday was our last day in the Greatest City in the World. We checked out of the hotel and took one last drive through downtown. We stopped at a local produce place to buy some goodies for our grandfather, and then we headed to West Ashley to our favorite little bakery. If you ever go to Charleston, look up Amelia Claire's. Her key lime cupcakes are to die for. Her everything is to die for!

We had a few hours left before we'd planned to head back to Atlanta, and I really wanted to go to Fort Sumter. Here's the thing: I've been to Charleston a million times now, and I have never been to Fort Sumter. Seriously.  I mean, I love me some Civil War history, and the fact that I've never been is something that bothers me to no end. However, my gay cousin was not feeling it, and we knew it'd be pretty time-consuming (he had to be up early the next day for work), so we opted to go to Charlestown Landing instead.

Dammit, Fort Sumter. You and I will cross paths one day, and it will be magical, I'm sure.

No alligators, but these otters were adorbs!
When we got to Charlestown Landing, it was a bit later than I expected, but I really wanted to see the little zoo there, and my cousin only wanted to see the old plantation home, so we agreed to only walk to those things and see the rest of it another time. We had just stepped foot outside after buying our tickets, and I began to feel terribly nauseous. I sat down on a bench, hoping it was something fleeting, but it only seemed to get worse. I hauled ass back to the building where you buy tickets, and got a Coke and just sat for a while near the bathroom. I have no idea what was wrong with me - maybe all the fast food we consumed during those days was catching up with me - but it got later and later, and I never really felt all that much better, so we agreed to do a quick tour of the little zoo and get out of there.

I felt bad, because I really wanted to see it all, but we agreed to go back next time. Honestly, the zoo wasn't
Can you spot the animal that was not part of the exhibit?
even that thrilling. Some of the animals seemed miserable, and I was mostly hoping to see alligators, which there weren't any.. I did, however, get chased down by a raccoon who I thought was part of an exhibit. Turns out, he was just visiting. He climbed out of the fence and followed me for a bit, and I just knew I was going to get rabies and die right there.

Poor Armadillo 

We stopped by Chick-fil-A on the way out of town and found out the hard way that leaving town at 6 p.m. was a bad idea. We didn't get home until well after midnight, and I managed to kill a poor little armadillo on I-20. I go to great lengths to avoid hitting animals on roads, but there were huge trucks on either side of me, and I'm going 80 mph, so it was either us or him. Sorry little guy. Or girl.

Ed Helms 

You may be wondering how Ed Helms fits into all of this, and well, he doesn't. Not really. I just thought I'd point out that he did some bluegrassy type stuff in L.A. last weekend. I happened to catch it on Twitter, but by the time I did, tickets were already sold out, and I already had plans anyway. This exact same thing kind of happened last year around my birthday, too. I would love to see him perform someday, but in the meantime, I'll simply have to bask in my Charleston afterglow.

Seriously, I don't call it the Greatest City in the World for nothing. I cannot express enough how much I love
No pics of Ed Helms, but how can you not love this place?
the place. I love that there is always something going on. I love the history. I love the beauty. I love the diversity of the people. I love that it's like a Jimmy Buffett song meets all that is wonderful about the South or as my gay cousin calls it, "the place where magnolia tress and palm tress coexist." I hate being away from things - it's lonely and boring - but in Charleston, no matter where you are, you feel like you're right in the center of everything. Does that make sense?

But where was I?

Speaking of Helms, I just happened to run across this last night: apparently, he has created and stars in a show that Yahoo is releasing called Tiny Commando. I don't fully understand the whole Yahoo thing, but I might if I read the article again when I'm not completed exhausted. Sounds kind of cool, though, and I can't wait to see what the future holds for him now that The Office is over. Check it out, homies.

And thanks for hanging in there while I played diary and recounted my mini-vacay.  
28 Apr 14:59

SCOOP: BOONDOCK SAINTS 3 in Development Says Sean Patrick Flanery

by Keven

During the Calgary Comic & Entertainment Expo, actor Sean Patrick Flanery revealed during a panel today that a third Boondock Saints film is in development after director Troy Duffy was inspired by the recent tragedies that struck Boston.

read more

09 Apr 20:13

So --- Who Bugged Senator McConnell's Office?

Today, Washington DC is abuzz about a breach of security that took place in Senate Minority Leader Mitch McConnell’s campaign office, last February. His  reelection campaign has asked the FBI to find out how a strategy session regarding Ashley Judd was recorded, and who was behind the recording that was obtained by Mother Jones magazine and posted on YouTube.

McConnell's campaign manager Jesse Benton said in a statement, “Senator McConnell’s campaign is working with the FBI and has notified the local U.S. Attorney in Louisville, per FBI request, about these recordings. Obviously a recording device of some kind was placed in Senator McConnell’s campaign office without consent. By whom and how that was accomplished presumably will be the subject of a criminal investigation.”

Added a source close to the campaign: “We’re going on the assumption that a crime has been committed. No one at the meeting leaked this.”

Earlier in the day, the McConnell campaign had thrown a party to officially open his offices. 

There were about 75 invitation-only guests at the event. 

Fascinating. 

The McConnell campaign accused the culprits of using “Nixonian tactics” in the bugging of the campaign’s headquarters.

But David Corn, the Mother Jones reporter who broke the story, stood by his reporting according to ABC News: 

Mother Jones said the recording was provided to them last week "by a source who requested anonymity." In a statement they said they "were not involved in the making of the tape, but we published a story on the tape due to its obvious newsworthiness."

"It is our understanding that the tape was not the product of a Watergate-style bugging operation," the statement reads.

The discussion itself was about what you'd expect to hear at such a strategy session:

Most of the discussion focuses on Judd’s liberal positions, including support for gay marriage and President Barack Obama’s health-care reform law. It’s unclear how long McConnell was present during the session.

You can listen to the recording, here. 

    
09 Apr 20:12

Cruz Releases Report on Obama Administration's Unprecedented Power Grabs

Today, U.S. Sen. Ted Cruz (R-TX) released a report, “The Legal Limit: The Obama Administration’s Attempts to Expand Federal Power” that analyzes six instances in the last 15 months where the U.S. Supreme Court unanimously rejected the Obama Administration’s arguments for increased federal power.

“When President Obama’s own Supreme Court nominees join their colleagues in unanimously rejecting his Administration’s call for broader federal power six times in just over one year, the inescapable conclusion is that the Obama Administration’s view of federal power knows virtually no bounds,” said Sen. Cruz. “This is a deeply troubling pattern that we will continue to highlight as long as this Administration continues seeking ways to expand its power in direct violation of Americans’ constitutional rights.”

Sen. Cruz’s report highlights the six cases that the Supreme Court has unanimously rejected since January 2012. Had President Obama’s Department of Justice been successful in its cases, the federal government would have the power to:

1. Attach GPSs to a citizen’s vehicle to monitor his movements, without having any cause to believe that a person has committed a crime (United States v. Jones);

2. Deprive landowners of the right to challenge potential government fines as high as $75,000 per day and take away their ability have a hearing to challenge those fines (Sackett v. EPA);

3. Interfere with a church’s selection of its own ministers. (Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC);

4. Override state law whenever the President desires. (Arizona v. United States);

5. Dramatically extend statutes of limitations to impose penalties for acts committed decades ago. (Gabelli v. SEC); 

and

6. Destroy private property without paying just compensation. (Arkansas Fish & Game Commission v. United States).


Cruz says the arguments advanced in these cases demonstrated "an astonishing view of federal power on behalf of the Obama Administration that is worthy of further examination."

The full report can be viewed here.


    
31 Mar 15:06

Kick-Ass 2: New Trailer And Poster Focuses On Hit-Girl

by Baxter
Kick-Ass 2: New Trailer And Poster Focuses On Hit-Girl
A new restricted international trailer for Kick-Ass 2 has arrived that shifts focus from Aaron Taylor-Johnson's titular green-spandex-sporter to Chloë Gra ...

Continue reading Kick-Ass 2: New Trailer And Poster Focuses On Hit-Girl
31 Mar 14:28

Government Can Keep Key Emails With Hollywood Lobbyists About 'Six Strikes' Secret

by Mike Masnick
While we keep hearing folks in the entertainment industry and their supporters in DC talk about how great it is that the "six strikes" "Copyright Alert System" (CAS) was a "voluntary" agreement between industry players, one of the worst kept secrets in the world was that the White House was heavily involved. They basically helped Hollywood out and at least hinted strongly at the fact that if no "voluntary" agreement came through, legislation might have to be put in place (creating a novel definition of "voluntary"). Specifically, it came out that Victoria Espinel, the White House's IP Enforcement Coordinator (IPEC), had been emailing with people about the program.

That news came out because Chris Soghoian had submitted a Freedom of Information Act (FOIA) request, seeking details of all communications between Espinel and her staff and the various players in six strikes, both the entertainment industry and the various ISPs (no need to seek communications with the real stakeholders, the public, since they weren't even invited to the table). However, Soghoian felt that the Office of Management and Budget (OMB), in which Espinel works, kept key documents from being revealed, and appealed. Following that, OMB released a few more documents, but still kept many secret. Soghoain then went to court over the issue -- arguing specifically that exemptions claimed for "trade secrets, commercial or financial interesets" and "privileged intra-agency memoranda and letters" were inappropriate. Unfortunately, the court has now rejected that case, siding with OMB.

At issue are some details of the draft "memorandum of understanding" that created the six strikes CAS program. Apparently, entertainment industry lobbyists shared those drafts with Espinel, but OMB won't release them, claiming that they're commercial, confidential information. OMB also argued that the documents were provided voluntarily and that the drafts "were not compelled or obligated." In response, Soghoian argued that the documents were clearly provided to OMB for the sake of having Espinel "press ISPs for additional steps to combat copyright infringement (steps they are not legally obligated to take)." The court rejects this, saying that the info was provided confidentially, and voluntarily, and it represents commercial information. So... they remain secret.

The court also rejected an attempt to see internal discussions within the government about the six strike plans (as well as discussions on foreign laws like the Hadopi six strikes plan in France). Espinel's office argued that these are protected because they're a part of the "deliberative process privilege" that lets them withhold internal deliberative discussions about policy (so that government employees can discuss stuff openly before coming to an official policy position). However, here, Soghoian argued that Espinel and the IPEC have almost no policy setting role under the law, and thus this exemption makes little sense. Once again, the court disagreed. Here, they argued that since the government may make policy decisions based on whether or not six strikes formed (or how well it works) that these communications were properly classified as privileged and not open to FOIA requests.

The court goes into a bit more detail on a few specific withheld documents, but the conclusion is all the same: OMB can keep these documents secret because they involve internal deliberative discussions. This isn't too surprising, but it also means that we don't get to learn the full extent of the government's involvement in this "voluntary" process.

Permalink | Comments | Email This Story


31 Mar 14:17

If Your Kid's Playing M-Rated Games, You Can't Blame The Retailer

by Tim Cushing

The nationwide discussion revolving around violent video games and what's to be done with them continues without any signs of abating. The usual handwringers (both professional and amateur) continue to express their dismay that games with guns and shooters are being sold to the youth of America, leading us into a future of non-stop mass shootings and Grand Theft Auto-inspired bursts of nihilistic violence.

The concerned cries of "won't someone think of the children" will likely never subside, at least not as long as video games are perceived to be kid-only distractions. (Note to Nintendo: you're really not helping out with this misconception.) The moral panicists paint a bleak picture in which hypothetical 10-year-olds are walking out of Wal-Mart with newly purchased copies of Murder Simulator 5000 and disappearing into their darkened bedrooms, only to emerge moments later armed to the teeth and greatly overestimating their hit points.

It's a terrible future, and one we should all be prepared for. If only it were true.

You see, the proverbial 10-year-old rolling out of a retail outlet with an M-rated game would now be 23 and perfectly capable of purchasing his or her own M-rated games. Every year, the FTC audits retailers and movie theaters with an army of underaged secret shoppers. And every year, these numbers improve.


Thirteen years ago (2000) was the low point: 85% of minors were able to purchase an M-rated game. As of last year, that number was in the low teens.
Only 13 percent of underage shoppers were able to purchase M-rated video games, while a historic low of 24 percent were able to purchase tickets to R-rated movies. In addition, for the first time since the FTC began its mystery shop program in 2000, music CD retailers turned away more than half of the undercover shoppers. Movie DVD retailers also demonstrated steady improvement, permitting less than one-third of child shoppers to purchase R-rated DVDs and unrated DVDs of movies that had been rated R for theaters.
Not only has this number improved dramatically over the last decade, but it's done it voluntarily. The ESRB sets the ratings and retailers enforce it, all without the threat of fines or legal action. So, if these 10-year-olds are shooting each other in the face with fake guns made of pixels, they're doing it without much assistance from retailers.

And, as stated above, retailers aren't just keeping video games from falling into the wrong hands. Other "destructive" influences like violent movies and sweary rock/rap/bluegrass are also being kept away from impressionable teenage minds -- at least by retailers.

So, while the debate will rage on and the fingers will be pointed (but, good lord, not in a gun-like fashion), those who wish to regulate the sale of "violent media" will have to look elsewhere to find a villain willingly supplying the Youth of America with evil playthings. And every year this number remains low is another victory for systems of voluntary compliance and a swift kick in the forebrain for those who believe nothing can be achieved without legislation.

Permalink | Comments | Email This Story


31 Mar 14:16

If Your Cable Company Were Honest, This Is What Its Commercial Would Look Like

by Mike Masnick
You may have already seen this, as it seems to be getting passed around everywhere this morning, but for those of you with actual important stuff to do all day, you may have missed this amusing mock cable company commercial from what Extremely Decent Films has dubbed "The First Honest Cable Company." It is marginally NSFW depending on your work environment and their likelihood of being offended by a the occasional swear word or vague reference to a sexual act. Just a snippet of the transcript in case you can't watch the video right now:
You'll have the option of choosing from several of our completely unwarranted ripoffs, including internet speeds almost 200 times slower than Korea... at twice the price. TV packages with over 500 channels, 90% of which you can't view and we guarantee a plethora of hidden fees. Then our barely trained technicians will come to install your service somewhere between the hours 8am and 10 pm, knock once while you're in the shower, and promptly leave.... Why you ask? We're part of what is called an "oligopoly." It's like a monopoly... only legal!
Good stuff.

Permalink | Comments | Email This Story


28 Mar 18:46

And the least free state in America, is…

by tips@hotair.com (Hot Air Network, LLC)

Federalism.


…None other than the legislative haunt of Gov. Andrew “confiscation could be an option” Cuomo and loathsome nanny-state Mayor Bloomberg, of course. George Mason University’s Mercatus Center just released the third edition of their comprehensive “Freedom in the Fifty States” study, ranking “the American states based on how their policies promote freedom in the fiscal, [...]

Read this post »

27 Mar 03:42

Creator Rob Thomas Calls The Veronica Mars Kickstarter Campaign A Guinea Pig For Cult TV Shows

by Anthony Ha
Rob Thomas

After the initial success of the Kickstarter campaign for a movie based on the TV show Veronica Mars (with a goal of $2 million, it has currently raised $3.9 million, and there are still 17 days to go), I had a chance to interview the show’s creator Rob Thomas and his agent Julien Thuan about what’s next for the movie, as well as what the campaign’s success means for other TV shows and films.

There’s been some speculation about whether this could change the funding model in Hollywood. Thomas said the campaign should make things easier for people who want to do something similar, but they’re “guinea pigs” for just “a specialized subset of projects” — namely, cult TV shows with a fan base that wants to bring them back.

“Is Veronica Mars destroying the Hollywood business model?” Thomas said. “I don’t think so.”

I’m a fan of Thomas’ work, particularly Veronica Mars and Party Down, both of which were prematurely canceled. When I asked whether Thomas could see himself running a similar campaign for a Party Down movie, he replied that he’s still pursuing a “traditional path” on that front.

“I will say this about the path that we took [on Veronica Mars] – it is labor intensive,” he said. “It took me a year and a half to get to this point. … To pitch a movie to a studio that buys it is clearly the simpler way.”

Thuan told a similar story, saying that Thomas called him up a 18 months ago, reported that he’d heard about crowdfunding, and asked, “Do you think that’s crazy?” Thuan didn’t think it was crazy, and in fact he said the United Talent Agency (where he’s a partner) had been looking for ways to experiment with marrying crowdfunding and “a branded, preexisting property.”

Of course, once they actually decided to put pursue the campaign, they had to put a plan together, get people on-board, figure out the prizes and how to fulfill them, and get approvals from the various departments in Warner Bros. (which owns Veronica Mars).

As for whether Thomas was nervous about the campaign’s success, he said he was “ridiculously confident” until the night before it launched, when he and star Kristen Bell tweeted at each other with hints about their plans. That didn’t seem to start much discussion, prompting Thomas to wonder, “What if it has just been the same 20 fans talking about it all these years, and I’ve allowed them to talk me into this?” (Thuan compared the experience to taking a “a trust fall” into the arms of the show’s fans.)

Naturally, Thomas is relieved that the movie campaign didn’t just reach its goal, but is already exceeding it by a healthy margin. Apparently he outlined the script based on a budget in the $3 to $5 million range, so if he had only raised $2 million, he would have had to cut back.

And yes, there’s been some criticism of the campaign, much of it boiling down to the fact that fans are being asked to bankroll a studio movie – the Kickstarter funding is supposed to cover the production budget, while Warner Bros. handles the marketing and distribution. For example, Alyssa Rosenberg at ThinkProgress wrote that she would have been more excited if Thomas was was looking for funding to buy the Veronica Mars rights from Warner Bros.

“It’s not on the table,” Thomas said when I asked if he’d considered that. However, he said that before he reached the current deal, he had initially proposed a more independent production, where the studio would grant him a one-picture license to make the movie on his own. He also noted that without the Kickstarter campaign, the film would not happen, because Warner Bros. doesn’t normally make movies for this small a budget. (My two cents: A certain amount of skepticism is healthy when it comes to the movie studios, but I’m also part of fan communities that have been asking for years to get opportunities like this to support work that they care about, so it’s hard for me not to get excited. And yes, I did back the campaign.)

Finally, I asked Thomas if the movie could lead to sequels. He said he’s trying to have it both ways, writing the script so that it’s a satisfying conclusion to the story, but also leaving the door open for more movies or another TV show: “Spoiler alert: Veronica survives the movie.”


26 Mar 16:08

Greg Gutfeld Fires Back at Jim Carrey's Gun Tirade, Calls Comic a 'Dirty, Stinking Coward'

Jim Carrey wouldn't be able to disseminate his Cold Dead Hand song, a tune mocking the late Charlton Heston and Second Amendment supporters, without the power of New Media.

The very same New Media allows Greg Gutfeld to fire back at Carrey, a verbal trouncing the comic wouldn't receive in a prior, less connected age.

Carrey's song, published at the reliably humorless Funny or Die web site, takes aim at Heston's pro-gun stance as well as anyone who clings to the right to bear arms.

Heston isn't around to answer Carrey's insulting attack, but Gutfeld wasn't afraid to respond. His retort, first heard on Fox News' The Five, mocked both Carrey's politically correct targets as well as the comedian's past fear-mongering over vaccine use.

What did jackass Jim Carrey do? He was behind that anti-vaccine panic. There's 160,000 people that died from measles last year, according to World Health Organization. Jim Carrey has killed more people than the rifles combined. He's a dirty, stinking coward. He's a moral coward. He did a video attacking rural America. You wouldn't do video about gangs which kills more people with handguns. He wouldn't do that because he is too worried about his career. He's such a pathetic, sad, little freak. He is a gibbering mess.

Not so much fun picking on someone who can fight back, is it Ace Ventura?

25 Mar 23:29

Teenage Mutant Ninja Turtles Reboot Casts Leonardo, Michelangelo, And Donatello

by Baxter
Teenage Mutant Ninja Turtles Reboot Casts Leonardo, Michelangelo, And Donatello
It looks as if the new big screen version of the Teenage Mutant Ninja Turtles have their titular team assembled. Duel katana-cutter and all-around good Samarit ...

Continue reading Teenage Mutant Ninja Turtles Reboot Casts Leonardo, Michelangelo, And Donatello
25 Mar 20:53

T-Mobile Unveils Awesome New Contract-Free Data and Voice Plans

by Shep McAllister
Click here to read T-Mobile Unveils Awesome New Contract-Free Data and Voice Plans If you're tired of getting locked into two year contracts with wireless carriers, T-Mobile's newly-revealed voice and data plans give you a viable alternative. More »


25 Mar 20:35

Buy Dove products, get $20 off Dead Space 3, SimCity, or Most Wanted

by JC Fletcher
Soften the financial impact of Dead Space 3, SimCity, or Need for Speed Most Wanted, while you soften your skin, with an entirely random Amazon deal. Right now, through some totally nonsensical co-marketing, you get the $20 discount off of one of those three EA games if you buy $15 worth of "Dove Men + Care" products, including deodorant, soap, or shampoo.

The limited edition of SimCity is currently already discounted to $40, so this deal takes it down to an effective $20, provided you also need some unnecessarily gender-specific hygiene products.

JoystiqBuy Dove products, get $20 off Dead Space 3, SimCity, or Most Wanted originally appeared on Joystiq on Mon, 25 Mar 2013 13:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments
25 Mar 20:23

BioShock Infinite review: ambitions fulfilled

by Alice O'Connor

With BioShock Infinite, developer Irrational Games has the daunting task of creating an experience that is as engaging as its genre-defining predecessor, BioShock. Through its fleshed-out characters, believable performances, and thought-provoking themes, Ken Levine and company have created an emotional roller coaster ride that's not unlike grabbing onto a Skyline.

As I wandered through this alternate-history 1912, I was immediately inundated with the breathtaking awe of the city. As Booker DeWitt enters Columbia for the first time, I easily shared in his audible gasp as he floats down to begin his journey. The architecture and innovative nature of life in this vision could have easily come from a fantastic Jules Verne dream. It's easy to get caught up in exploring the shops, listening to some of the old ragtime music, or eavesdropping on conversations--the latter which reveals the sinister intolerance that hides beneath Columbia's idyllic setting.

The game's social and religious themes are overt. However, whether you agree with Vox Populi leader Daisy Fitzroy, or the purist views of prophet Zachary Hale Comstock, both are ultimately obstacles to finding the object of your visit: Elizabeth, perhaps the strongest and most impressive triumph of the game.

Elizabeth is a compelling character that gives you reason to care about her plight. Although she may not be playable, BioShock Infinite isn't an elongated escort quest; Elizabeth is an integral and necessary part of your adventure. Sure, she will help find ammo and money, and she'll patiently wait as I plundered every desk and barrel I could find. But the game proves she is not a mere sidekick, as she reveals her frailties and inner strength throughout our journey.

She'll also serve as a guide during combat, shouting when new enemies may enter the fray. She can also use her ability to open tears into alternate worlds to change the battle: forming a wall for cover, spawning additional weapons and medkits, or even creating new places to latch your Skyhook to get above and around enemies. Flying through the Skyline will also let you knock unsuspecting guards off an edge, or bury the Skyhook in a skull for a rather gruesome end.

Like previous BioShock games, you can also use magic (called vigors this time, instead of plasmids). While the usual fire and lightning throwing from previous BioShocks were there, BioShock Infinite adds some new ones. One of my favorites was the Bucking Bronco, which could throw multiple enemies into the air, allowing me to kill them as they flailed helplessly. Another that I used quite often was Charge, which catapulted me forward to inflict massive melee damage with the Skyhook.

However, I found I could make it through huge segments of the game without swapping powers, and only occasionally changing weapons. Ultimately, taking cover whilst constantly moving proved the most effective strategy.

Vigorous!

But all the good will that BioShock Infinite builds up in the first three-quarters of the game gradually starts to deteriorate as the story nears its climax. A twist at the end was to be expected, and when it happened, I found myself with even more questions. Although a few loose ends are tied up, the ending ultimately seems a bit too contrived, and is a radical departure from the endings of the previous BioShocks. But, as a friend told me, the journey is more important than the destination. And this journey was an incredibly gorgeous ride with a partner that was as interesting as she was complex. Irrational's ambitious take on a new dystopian society does its predecessors proud, with Comstock and Fitzroy worthy of sharing their place of enmity with the likes of Andrew Ryan, Frank Fontaine and Sofia Lamb.


This BioShock Infinite review was based on a pre-release PC version of the game on Steam provided by the publisher. The game was tested on a system featuring an Intel i7 2600 3.4 GHz quad core CPU, 64-bit Windows 7 OS, 16 GB RAM, and an nVidia GeForce GTX 660. All graphics options were set to "ultra." The game will also be available on Xbox 360 and PlayStation 3.

25 Mar 19:20

Assassin’s Creed IV Gameplay Reveal Trailer

by Joshua Silverman

Assassins-Creed-4-Black-Flag-Logo

We have our first look at gameplay for the upcoming Assassin’s Creed IV: Black Flag and it is what you would expect from an AssCreed game:

Between exploring exotic temples, multi-weapon fighting and punching sharks in the face, it seems like the latest entry in this series has it all. Personally I’m most interested in the locations shown, as my least loved feature of Assassin’s Creed III was the overly generic look of both New York and Boston.

Assassin’s Creed IV: Black Flag releases on October 29th, 2013.

 

Gaming [see the SlideDeck]
25 Mar 19:12

Riddick Teaser Revealed!

by Hong Le

riddick-posterSynopsis: Left for dead on a sun-scorched planet, Riddick finds himself up against an alien race of predators. Activating an emergency beacon alerts two ships: one carrying a new breed of mercenary, the other captained by a man from Riddick’s past.

Production Co: Universal Pictures, One Race Productions, Radar Pictures

Directed by: David Twohy

Written by: David Twohy, Ken Wheat, Jim Wheat

Starring: Vin Diesel, Karl Urban, Katee Sackhoff, Dave Bautista

Release date: September 6th, 2013

Rated: R

 

 

Movies [see the SlideDeck]
25 Mar 19:10

First look at Assassin's Creed IV: Black Flag gameplay

by Jordan Devore

This first real look at Assassin's Creed IV: Black Flag in motion is, at times, breathtaking. To some extent, that's to be expected given the setting, but wow -- this looks like a world I want to explore.

Although the Assassin's Creed series isn't exactly my cup of tea, sailing ships and swimming in the Caribbean sounds like one heck of a good time. I have to wonder how much Ubisoft will cater to the new audience that is merely in it for the pirate theme. I can't be the only one here.

First look at Assassin's Creed IV: Black Flag gameplay screenshot

25 Mar 19:07

HBO Considering Cable-less HBO Go Option for Broadband Subscribers

by Angie Han

HBO GoHBO Go

HBO Go is pretty sweet if you’re already an HBO subscriber. The streaming service gives users access to HBO’s entire catalog of films and TV shows — everything from Girls to The Sopranos — from any computer, iPad, iPhone, or Android phone. Earlier this year, the company further sweetened the deal by enabling AirPlay, allowing customers to play video on their Apple TVs. But all that convenience comes with a hefty price tag: a basic cable package to begin with, plus an HBO subscription on top of that. It’s not uncommon for customers to shell out upwards of $100 per month in total.

From the service’s launch, would-be customers have been begging HBO for a standalone HBO Go option to serve those who just want the streaming but don’t want to pay for cable. So far, the premium cable giant has steadfastly insisted that the economics “are not particularly compelling.” But times are changing, and as of yesterday the company is singing a slightly different tune. In a recent interview, HBO CEO Richard Plepler acknowledged that HBO Go could team with broadband providers in the future. Hit the jump to read more.

Reuters caught up with Pepler at the Season 3 premiere of Game of Thrones. While he says HBO has “the right model” right now, he acknowledges that “maybe HBO Go, with our broadband partners, could evolve.” Pepler explained that HBO Go could be packaged with monthly broadband service, in the same way that it’s currently bundled with cable subscriptions. The costs, in his rough estimation, could come out to about $60 or $65 per month for customers — around $50 for broadband, plus another $10-$15 for HBO Go. “We would have to make the math work,” he said.

Pepler’s comments aren’t a guarantee that the HBO Go model will switch over anytime soon. The company still has to work out arrangements with their current partners. The fact that many cable TV providers, including Comcast, Time Warner, and Verizon, also offer broadband service would likely be a big help, but nothing’s confirmed at this point. Still, the fact that HBO is talking about the possibility publicly reveals that they’re giving the matter some serious thought. Combine that with the recent launch of HBO Nordic, and it’s looking increasingly likely that we’ll get a streaming-only HBO option sooner or later.

25 Mar 19:07

The First ‘Teenage Mutant Ninja Turtle’ Is Cast: Alan Ritchson Is Raphael

by Germain Lussier

Alan Ritchson Raphael

Alan Ritchson Raphael

Producer Michael Bay and director Jonathan Liebesman have cast the first member the Teenage Mutant Ninja Turtles. Alan Ritchson, who plays Gloss in the upcoming The Hunger Games: Catching Fire and starred in the show Blue Mountain State, will portray the red-masked Raphael. The film isn’t going to put actors in suits like the original movies, however. This time they’ll be motion captured and realized as CGI in real environments.

Ritchson is the first of four lead roles cast to go along with Megan Fox as TV reporter/Turtle friend April O’Neil.

Deadline broke the news of the casting on the film, which is scheduled for release in June 2014.

On the TV show and movies, Raphael was often the main character among the four turtles. His weapon of choice was the sai, and his aggressive, selfish nature generally got him (and therefore the group) into trouble.

So many rumors have circled around this film from its earliest rumblings, and so many rewrites and delays have happened in the meantime, it’s almost impossible get a grasp on what it’ll be. Coming from Bay and Liebesman, it’ll almost certainly be darker and more action-oriented than previous Turtle films. Whether or not it’ll center on their origins or draw on what have become canonized versions of the characters, though, is still very much up for debate. The inclusion of April O’Neil does give fans a glimmer of hope that this new Teenage Mutant Ninja Turtles will be a movie they can get behind.

As for Ritchson, he looks like your usual jock-type guy and having not seen Catching Fire yet, it’s hard to really say much about him. It is encouraging they seem to be casting athletic actors for these physical roles. Fox included.

Who do you think will be next?

Teenage Mutant Ninja Turtles opens June 6, 2014.

25 Mar 18:37

Review: BioShock Infinite

by Jim Sterling

A game of exceptional quality is exceptionally rare, rarer than generous review scores and excited praise in the high profile videogame market may indicate. There are games of unquestionable caliber that, while few in number, become games that define a generation. BioShock was one such game. 

That descent into the undersea city of Rapture, that first encounter with objectivist messiah Andrew Ryan, that initial encounter with the Big Daddy. BioShock was an unforgettable experience of iconic visuals, scenes, and characters. A perfect storm of creativity that will seal its place as one of the seventh generation's leading opuses. There is a price to pay for such an achievement, however -- the price of increasing failure to make lightning strike twice, to put the genie back in the bottle and release it a second time. 

BioShock 2 tried. It tried its level best, but while 2K Marin's gameplay refinements were appreciated, its narrative irrelevance and the diminished returns of a second Rapture outing ensured it would never live up to the series' high standards. It falls instead to Irrational Games (known as 2K Boston in 2007), creators of the original BioShock, to try and topple what came before. We go not below the ocean, but to the skies of Columbia, to seek magic once again. 

One has to wonder what the price will be for this success.

Review: BioShock Infinite screenshot

Read more...
25 Mar 18:06

The Orwellian Superheroes of Watch Dogs and inFamous: Second Son

by Matt Clark

spot

Always the eyes watching you and the voice enveloping you. Asleep or awake, working or eating, indoors or out of doors, in the bath or in bed -- no escape. Nothing was your own except the few cubic centimeters inside your skull. -- George Orwell, 1984

Ever since George Orwell published his dystopian masterpiece in 1949, people have compared it to the current state of national or international affairs. But in the always-connected, always-public world of 2013, perhaps the novel's themes hit closer to home than ever. We're living in a time of fierce debate over privacy concerns, an era where government and law enforcement argue for the right to GPS-track citizens without their knowledge. And like any form of art, video games are influenced by life.

During the PlayStation 4 event, Ubisoft and Sucker Punch gave the world a glimpse of their upcoming titles. And while there are clear differences between Watch Dogs and inFamous: Second Son, it's hard to ignore the overriding sense of paranoia and fear over a totalitarian state. Superheroes don't always wear a cape, and in the case of Aiden Pearce and Delsin Rowe, the rise of the anti-hero is a consequence of an oppressive regime.