These Beats were made for Walking

Well this is a fine kettle of fish. I got an I-Pod for Christmas and now it turns out that ripping copies of CDs I have legally purchased for personal use might be illegal. This is based on a story from the Washington Post.

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.

"I couldn't believe it when I read that," says Ray Beckerman, a New York lawyer who represents six clients who have been sued by the RIAA. "The basic principle in the law is that you have to distribute actual physical copies to be guilty of violating copyright. But recently, the industry has been going around saying that even a personal copy on your computer is a violation." The industry's lawyer in the case, Ira Schwartz, argues in a brief filed earlier this month that the MP3 files Howell made on his computer from legally bought CDs are "unauthorized copies" of copyrighted recordings. "I couldn't believe it when I read that," says Ray Beckerman, a New York lawyer who represents six clients who have been sued by the RIAA. "The basic principle in the law is that you have to distribute actual physical copies to be guilty of violating copyright. But recently, the industry has been going around saying that even a personal copy on your computer is a violation."

Part of me wonders if this story is being written to be a bit more alarming than it actually is; was this Howell character sharing his music files? Or was he simply possessing them?

This is an interesting question, because I'm ripping a CD now.

I will note that looking over the RIAA website, there are some unusual caveats.

If you make unauthorized copies of copyrighted music recordings, you’re stealing. You’re breaking the law, and you could be held legally liable for thousands of dollars in damages.

Then under a heading Easy Ways to Break the Law (which is nice, since I would hate to have to go out of my way to break the law), there's this interesting phrase, italics mine.

You make an MP3 copy of a song because the CD you bought expressly permits you to do so. But then you put your MP3 copy on the Internet, using a file-sharing network, so that millions of other people can download it.

I am tempted to go through my CDs and see how many expressly permit me to rip it. I would be surprised if many do. Finally there's this bit.

Beyond that, there’s no legal "right" to copy the copyrighted music on a CD onto a CD-R. However, burning a copy of CD onto a CD-R, or transferring a copy onto your computer hard drive or your portable music player, won’t usually raise concerns . . .

Interesting.

Say, would record companies make more money or less money if they required you to both buy the physical product (CD) and the digital product (from I-Tunes) for example? Seems like they would make more money.

Anyway I don't know if this is posturing or something more. I suppose we'll find out.

This story got written in the place of my Friday Beats year wrap up praising The Chemical Brothers "We Are the Night." It's a kick ass album; listen to it.

This isn't the best song on the album; but it is a great video.



Enjoy.

Candidate Review - Assassination of Benazir Bhutto - Rudy Giuliani

Well Giuliani's statement is brief, and you have to go to his news page to get it.

“The assassination of Benazir Bhutto is a tragic event for Pakistan and for democracy in Pakistan. Her murderers must be brought to justice and Pakistan must continue the path back to democracy and the rule of law. Her death is a reminder that terrorism anywhere — whether in New York, London, Tel-Aviv or Rawalpindi — is an enemy of freedom. We must redouble our efforts to win the Terrorists’ War on Us.”

Frankly I got the same problem with this that I had with Mitt Romney's it feels like this tragedy is just another opportunity to push the war on terror agenda.

That said, at least Giuliani doesn't feel the need to take a shot at Democrats.

Candidate Review - Assassination of Benazir Bhutto - Ron Paul

Ron Paul has found the time to put out a statement in support of state efforts to pass a "Right to Life" amendment yesterday, but so far does not seem to have responded to the death of Madame Bhutto.

Candidate Review - Assassination of Benazir Bhutto - Mitt Romney

Mitt Romney sees this tragedy as a chance to remind you all that Islamic Terrorism is very scary and Democrats don't take it seriously (although a few may be getting the message).

Well, I think what's happened in Pakistan has made more clear in the mind of the American public and perhaps some of our Democratic colleagues as well that what we're dealing with in the global war on terror, this war against violent Jihadism, is not just an effort in Iraq or even extended to Afghanistan, but this is a worldwide effort on the part of violent Jihadists who have as the their intent the collapse of all nations, Islamic as well as Western. The attacks are not just on Americans and American leaders or even Western leaders, it does include leaders within the world of Islam. There have been death threats and death attacks against General Musharraf. There have been attacks and threats of attack against Madam Bhutto before, so we're facing a world which sees a dramatic growth in violent Jihad, and we're going to have to gather together the civilized nations of the world to help strengthen the ability of moderate, modern Islamic people and leaders for them to reject the extreme, because ultimately, only Muslims are going to be able to reject violent radical Jihadism.

Kind of despicable, Mr. Romney.

Candidate Review - Assassination of Benazir Bhutto - Mike Huckabee

You have to go to Huckabees newsroom page to find his statement on the Assassination of Benazir Bhutto. He also labels it "Presidential Candidate Mike Huckabee Issues Statement On Breaking News From Pakistan" which fails to mention Benazir Bhutto - not sure about that. Anyway, here's the statement.

“I am deeply troubled by the news accounts this morning of Pakistani opposition leader and former Prime Minister Benazir Bhutto’s assassination in a suicide attack. This is devastating news for the people of Pakistan, and my prayers go out to them as we follow developments regarding this dire situation.

”The terrible violence surrounding Pakistan’s upcoming election stands in stark contrast to the peaceful transition of power that we embrace in our country through our Constitution. On this sad day, we are reminded that while our democracy has flaws, it stands as a shining beacon of hope for nations and people around the world who seek peace and opportunity through self-government.”

Yeah I don't know about this. Seems cold and impersonal compared to many of the other statements; and I don't like the tone of American Exceptionalism at the end. Yeah America is great, but this doesn't seem like the right moment to rub that in.

Candidate Review - Assassination of Benazir Bhutto - Mike Gravel

Gravel's people are also apparently having a mellow Christmas - or working so hard they can't update the website. At any rate no mention of the Assassination of Benazir Bhutto.

Candidate Review - Assassination of Benazir Bhutto - John McCain

John McCain also has a link to his statement on the death of Benazir Bhutto on his website. Thank you Senator McCain.

"I was deeply saddened today to learn about the death of Pakistani opposition leader Benazir Bhutto. My deepest condolences go out to the family and supporters of this remarkable woman, an individual who paid the ultimate price for her embrace of moderation and rejection of extremism.

"The death of Benazir Bhutto underscores yet again the grave dangers we face in the world today and particularly in countries like Pakistan, where the forces of moderation are arrayed in a fierce battle against those who embrace violent Islamic extremism.

. . . "In my numerous visits to Pakistan - to Islamabad, to Peshawar, even to the tribal areas of Waziristan - I have seen first hand the many challenges that face the political leadership there, challenges so graphically portrayed by today's tragedy. There are, in Pakistan, brave individuals who seek to lead their country away from extremism and instability and into the light of a better day. America, I believe, must do all we can to support them."

Not bad. A little bit of a resume there at the end, but in general it's ok. Or as much as you can expect, anyway; he still believes in a war in terror, and I don't know how much it would take for Pakistan to be a third front in this war (after Afghanistan and Iraq).

Candidate Review - Assassination of Benazir Bhutto - John Edwards

You know it's not my fault all the Republican Candidates chose to have names in the lower part of the alphabet.

Well Edward's website links to his statement on the front page, which is, as mentioned previously, convenient.

"I want to say a word about the terrible tragedy that occurred in Pakistan earlier today. It's a terrible thing for the process of democratization in Pakistan, it's a terrible thing for the stability of Pakistan, and it's very important that we, America, and those of us who are running for president of the United States, be a strengthening and calming influence in these kinds of times.

. . . "I spoke to President Musharraf a few minutes ago and I urged him to continue the democratization process because of how important it is to the Pakistani people and how important it is to his country. I also urged him to allow international investigators into Pakistan so that, for the rest of the world, there can be credibility in determining what the facts were and what actually occurred.

"It's very important for the Pakistani people, for the stability of the world and for America's interests, that the democratization process continue, and I believe this is the time for America to be a strong and calming influence in a difficult and unstable environment."

I'm not sure about America's ability, under President Bush, to be a calming influence. But who knows.

Still this is pretty good all things considered.

Candidate Review - Assassination of Benazir Bhutto - Joe Biden

I like Joe Biden's statement as well, although you have to go to his newsroom page to find it.

"This is a terrible day. My heart goes out to Benazir Bhutto’s family, friends and followers.

"Like her father before her, Benazir Bhutto worked her whole life – and gave her life – to help Pakistan become a democratic, secular and modern Muslim country. She was a woman of extraordinary courage who returned to Pakistan in the face of death threats and even after an assassination attempt the day of her return, she did not flinch. It was a privilege to know her these many years and to call her a friend.

"I am convinced Ms. Bhutto would have won free and fair elections next week. The fact that she was by far Pakistan’s most popular leader underscores the fact that there is a vast, moderate majority in Pakistan that must have a clear voice in the system. Her assassination makes it all the more urgent that Pakistan return to a democratic path.

"This fall, I twice urged President Musharraf to provide better security for Ms. Bhutto and other political leaders – I wrote him before her return and after the first assassination attempt in October. The failure to protect Ms. Bhutto raises a lot of hard questions for the government and security services that must be answered.

"I know that Benazir’s followers will be tempted to lash out in anger and violence. I urge them to remain calm – and not play into the hands of the forces of destruction. I urge Pakistan’s leaders to open a fully accountable and transparent investigation. We must find out who was behind this and bring those responsible to justice. And the United States should offer any assistance necessary, including investigative teams, to get to the bottom of this horror.

"The way to honor Benazir Bhutto is to uphold the values for which she gave her life: democracy, moderation and social justice. I join with the Pakistani people in mourning the loss of a dear friend.”

I usually like to cut statements down to 4 paragraphs or less, but in this case I'm leaving the whole thing. It's that good. The only thing I wonder about is Biden encouraging Musharraf to increase security; seems a bit like gilding the lily.

Candidate Review - Assassination of Benazir Bhutto - Hillary Clinton

Clinton's statement on the Benazir Bhutto assassination is linked to right on her front page, which is nice. Makes it easy to find.

I am profoundly saddened and outraged by the assassination of Benazir Bhutto, a leader of tremendous political and personal courage. I came to know Mrs. Bhutto over many years, during her tenures as Prime Minister and during her years in exile. Mrs. Bhutto's concern for her country, and her family, propelled her to risk her life on behalf of the Pakistani people. She returned to Pakistan to fight for democracy despite threats and previous attempts on her life and now she has made the ultimate sacrifice. Her death is a tragedy for her country and a terrible reminder of the work that remains to bring peace, stability, and hope to regions of the globe too often paralyzed by fear, hatred, and violence.

Let us pray that her legacy will be a brighter, more hopeful future for the people she loved and the country she served. My family and I extend our condolences and deepest sympathies to the victims and their families and to the people of Pakistan.

Nicely done. I like this one; although Clinton could look into what this tragic event means for Pakistan.

Candidate Review - Assassination of Benazir Bhutto - Fred Thompson

Well Fred Thompson has chosen to highlight remarks he made on Fox News.

It is a tragedy, of course. It reminds us that things can happen in faraway places of the world that can affect the United States. I think this should be of great concern to us. It is almost a perfect storm in a very bad sense because two forces are operating against each other that are both desirable. One is democracy: they were making progress in that regard in that country. Former prime minister Bhutto was an important part of that process. But the other is stability. Pakistan is a nuclear country, and we cannot afford to let nukes fall into the hands of dangerous Muslim radicals. We are hoping those two things can be balanced out. We can see the continued progress toward a democratic society but also maintain stability in the country, which seems to be very much in doubt right now.

Now that's an interesting statement; because the next question is, "Well what if you can only get one? Which would you pick senator." (The Fox guy didn't ask this question of course). Because the answer would probably be "Well Democracy would be nice but we can't afford to let the bomb get in unstable hands."

Candidate Review - Assassination of Benazir Bhutto - Duncan Hunter

I can't find any statement by Duncan Hunter on the assassination of Benazir Bhutto. Hopefully his campaign staff are having a nice restful holiday season.

Candidate Review - Assassination of Benazir Bhutto - Dennis Kucinich

I can't find anything on the Benazir Bhutto assassination on the Kucinich page; I know he did make a statement. But the website seems like it hasn't been updated since before the holidays.

I guess I understand that this is the holiday season; it still seems to me that your campaign needs to be ready to respond when news happens.

Candidate Review - Assassination of Benazir Bhutto - Chris Dodd

Well Chris Dodd has a banner at the top of his website, leading to his statement on the Bhutto assassination. That's nice to see.

"Today's news from Pakistan is both shocking and saddening. As a member of the Foreign Relations Committee, I have had the opportunity to travel to Pakistan and come to know Former Prime Minister Bhutto very well over the years. I spoke to her personally several weeks ago and have stayed in close contact with her since. She was a respected leader who played an important part in moving Pakistan toward democracy.

"As we recognize the loss of a leader today, we must also recognize the implication of today's tragedy to the security of the region and to that of the United States.

"At this critical time we must do everything in our power to help Pakistan continue the path toward democracy and full elections. Our first priority must be to ensure stability in this critical nuclear state.

"The United States should also stand ready to provide assistance in investigating this heinous act. And as Pakistan perpetrators to justice, it should also demonstrate that it will not allow such violence to derail democracy and proceed with elections in a timely manner."

I like this. I know I just took Richardson to task for interfering in Pakistani Affairs, but he was calling for Musharraf to step down. That's different than saying elections already planned should go forward.

Presumably you've already guessed I'm doing these in alphabetical order; it's not my fault a lot of Democrats have first names that come early in the alphabet.

Candidate Review - Assassination of Benazir Bhutto - Bill Richardson

Bill Richardson's statement isn't very realistic, unfortunately.

Benazir Bhutto was a courageous woman. Her death, and the deaths of so many of her supporters, is more than just a tragedy. It is a testament to the will of the Pakistani people to see democracy restored. My thoughts and prayers are with the families of those who died today.

. . . We must use our diplomatic leverage and force the enemies of democracy to yield: President Bush should press Musharraf to step aside, and a broad-based coalition government, consisting of all the democratic parties, should be formed immediately. Until this happens, we should suspend military aid to the Pakistani government. Free and fair elections must also be held as soon as possible.

It is in the interests of the US that there be a democratic Pakistan that relentlessly hunts down terrorists. Musharraf has failed, and his attempts to cling to power are destabilizing his country. He must go.

That's just not going to happen. First of all Pakistan is a necessary ally in the war in Iraq and Bush isn't going to chuck Musharraf over board. Secondly though, why do we get the right to tell Pakistan they have to change Presidents? How would we react if Europe told us we had to dump President Bush (and given the way things are going, I'd be surprised if they hadn't considered it)? I don't like President Bush but I don't think I'd be keen on that.

And I doubt the Pakistanis would be either.

Candidate Review - Assassination of Benazir Bhutto - Barack Obama

On Obama's campaign Blog (done by campaign workers, not Obama) there's a reference to a public event in Des Moines, where Obama commented on the assassination.

We mourn her loss...We stand for democracy and...we will be steadfast in our desire to end the kind of terrorist acts that have blighted not just Pakistan but other parts of the world.

He also released a public statement.

I am shocked and saddened by the death of Benazir Bhutto in this terrorist atrocity. She was a respected and resilient advocate for the democratic aspirations of the Pakistani people. We join with them in mourning her loss, and stand with them in their quest for democracy and against the terrorists who threaten the common security of the world.

Pretty much the right tone, although it doesn't address what this death really means.

Candidate Review - Assassination of Benazir Bhutto - Alan Keyes

Going to run things a bit differently today. First of all we are going to do all 9 Republicans and all 8 Democrats in one day. Hence these will be a lot shorter than normal. Secondly we are going to be reviewing reactions to a recent event; as recorded on their campaign websites. Joan Walsh, at Salon, has a review of candidates public statements, which is also worth looking at.

So Alan Keyes, what say you?

Nothing.

Well you can't respond to every issue that comes down the pick - particularly when your most recent news as 10 days ago.

Friday Beats - Various Artists, "I'm Not There"

I think I would recommend the movie over the soundtrack, but seeing the movie might well make you want to get the soundtrack. For the most part (I'd say 65-70%) the movie uses the original Bob Dylan versions of these songs. The exceptions are really quite striking though, including Jim Jones and Calexico's version of "Going to Acapulco" played over a small western town funeral (a town where everybody celebrates Halloween all the time and also one in which the zoo animals have just been set free). Or the laid back cover of Tombstone Blues by Richie Havens (in the movie it incorporates Marcus Carl Franklin, and he acquits himself well, but the album version is better).

But most of the sound track is covers of Bob Dylan Songs that didn't appear in the movie. Cover albums are a mixed bag by their very nature, but this one connects more often than it misses, and there are at a dozen really great tracks here. Including Eddie Vedder and the Million Dollar Bashers version of "All Along the Watchtower," the aforementioned "Going to Acapulco" and "Tombstone Blues," "Fourth Time Around" by Yo La Tengo, "Senor (Tales of Yankee Power)" by Willie Nelson, "Just like a Woman" by Charlotte Gainsbourg (who also acts in the movie), "Wicked Messenger" by The Black Keyes, and "Just Like Tom Thumb's Blues" by Ramblin' Jack Elliot. It's just a great album.

Yeah there are some clunkers, but even the clunkers aren't hideous misfires, just dull compared to the more lively tracks. So if you like Dylan's music at all, check it out.

Here is a live version of "Going to Acapulco." The sound quality isn't great, but it's still pretty good.

Friday Beats - LCD Soundsystem, "Sounds of Silver"

This is sort of my best of the year feature. Not top ten, because I doubt I'll get that far, but just a few albums I think were really good this year. Add to this list the Stars "In Our Bedroom After the War," which I covered earlier. Great album.

Anyway this was a kick ass dance record. LCD Soundsystem's first album was brilliant, but this is better - the songs are tighter and the flow is better. There's not a clunker among them and there are several high points - the Thrash of "North American Scum" and the flowing joy of "All My Friends." And it's an album; the parts are great and the whole is greater than the sum of the parts.

And it has one of the bests lyrics of the year. "Sound of silver talk to me / makes you want to feel like a teenager / until you remember the feelings of / a real life emotion of teenager / then you think again" Yep.

Here's the video to All My Friends



Be back later - hopefully with more adjectives.

Picking a Fight

I've written on the war on Christmas for a few years now, which is why I chose to forgo this time around (well that and the crazy way they are handling primaries this time around required me to start pretty early). But todays article from Bill Murchison underlines why this issue exists; it exists because some Christians want to fight.

Rather, on the authority of those same Gospel accounts, and that of Paul -- he was here among us to establish direct human link with the Almighty God who had made heaven and earth?

Yes, Dawkins, we hear you. Made what?! Heaven and earth, I believe I said. Not for the Dawkinses, such a non-scientific assertion of non-scientific premises.

I gather there haven't been as many anti Christmas acts this year, if you are reduced to raging against a book you don't happen to like. But there it is - it's not about any actual prejudice and persecution because there isn't any to speak of. It's about making a statement and pretending like you are persecuted for making that statement so as to dignify your statement. Murchinson's pro-Christmas stance hasn't hurt him any. And I'd 99.9999% of American's Christians have suffered not one whit for their Christmas celebrations.

But admitting that kind of blows the game, doesn't it?