According to the AP

That could be a phrase you see less often around the blogosphere.  In a truely bone headed move, the Associated Press has shown that they are not much different than the MPAA and RIAA, where they try to hold old media standards to the web, because they don’t think they are getting paid enough by everybody.

According to the Electronic Frontier Foundation:

Last week, the Associated Press sent the Drudge Retort seven DMCA takedown notices, demanding that the site remove excerpts of AP articles ranging from 33 to 79 words that were linked through to authorized copies of the AP stories.

See what I did there?  I quoted another source, attributed it to them, and linked to the full article, providing potentially more traffic to them.  I did not steal their story, I followed what has been considered Fair Use, even before the days of the Internet.  Before you would have a Reference Page, Foot Notes, etc.  You needed to ensure your credited and cited your sources, but it has always been fair use to quote another source.

Not so according to the AP.  They want you to link to them, AND NOTHING ELSE.  After the inital lashback against their tactics, the A.P. backed off (sort of) according to the New York Times.

 After that, however, the news association convened a meeting of its executives at which it decided to suspend its efforts to challenge blogs until it creates a more thoughtful standard.

“We don’t want to cast a pall over the blogosphere by being heavy-handed, so we have to figure out a better and more positive way to do this,” Mr. Kennedy said.

Mr. Kennedy said the company was going to meet with representatives of the Media Bloggers Association, a trade group, and others. He said he hopes that these discussions can all occur this week so that guidelines can be released soon.

Now, reading this at first, it sounds like maybe they learned their lesson, but in “hopes that these discussions can all occur this week so guidelines can be released soon” tells me that they are only trying to find a new tactic, because after all there are already guidelines in place as I said earlier.  It is known as Fair Use and it is already codified by the U.S. Copyright Office.

On a bit of a side note, I would love to know who decided that the Media Bloggers Association should have the right to negotiate this.  I mean, no offense to Mr. Cox and those that are already members, but I don’t know you.  You stopped accepting memberships, because you don’t even have a clear set of policies (by your own admission), and while you may very well have the best interest of bloggers in general, I do not find this to be an acceptable situation.  Suffice it to say, as an independent blogger, and not a member of your organization, I do not find that I will feel obligated to follow any guidelines set forth by this meeting and your “agreements” with the Associated Press.

It is also probably germane to point out that the Associated Press is owned by its 1,500 daily newspaper members… those very same people that have not yet been able to find a way to use the web properly and continue to bleed red ink (while blaming the Internet in general and Bloggers specifically for their eroding fortunes).  These same people that fight and attempt to keep bloggers from getting credentials because they are not part of the media.  Seems to me, they want to have their cake and eat it too.

This is why the rich don’t see a recession

There has been “chatter” particularly from those trying to find some way to salvage anything that might look like a legacy for President Bush that are desperately trying to cling to the notion that they U.S. economy is in or headed towards a recession.

They point to things like the old outdated definition that a “recession” is 2 or more quarters of decline in the country’s Gross Domestic Product.  Most economists however do no like this definition since it does not take into consideration unemployment rates or consumer confidence.  There are of course a couple of problems with this.

First and foremost is the fact that “domestic” companies no longer directly reflect on how strong the economy locally is since so much production has been moved overseas or “outsourced.” So while Mattel can can reap huge profits selling us lead paint based products, the benefits are not seen in the domestic job market since all these toxic products are made in China where they can pay slave wages and not worry about silly little things like safety standards which only “erode profits.”

Finally, any attempts by workers here to try and unionize and earn a fair wage are thwarted by union busting activites. Wal-Mart is well known for hiring consultants that threaten workers trying to unionize, and even (as much as it pains me to say it), Starbucks has seemed to taken to firing employees that are active in unionizing efforts there. Wal-Mart doesn’t surprise me since they tend to be ruthless with everybody, vendors and employees alike. Starbucks on the other hand makes a big deal over their “fair trade coffee.” So essentially, they are concerned with workers getting a “fair wage” in some third world country for picking the beans, but here at home, well that is a different story all together.

I am getting a bit off topic, but really the point is, I am not surprised that the “well to do” (and those that blindly follow them regardless of their own reality) do not see a recession. They look at their stock portfolio, and as long as Mr CEO is turning in 15% and up growth in the stock, they couldn’t care less how it is done. Unions have garnered a bad reputation (some of it admittedly it deserved), but are really there to even the playing field to give the workers some bargaining strength against these large corporations that couldn’t care less about workers. Workers here are viewed, not as assets, but as “expenses” and that is just wrong. And of course, if you are not struggling to make ends meet, you don’t care that your meal dollar isn’t stretching because food companies are making products smaller while keeping the prices the same, because as long as those stocks are profitable, well you will just buy more food.

By these definitions, there will never be a “recession” again. Idiots will continue to tell us how we are doing “well” but just don’t know it. There used to a joke that went something like, a recession is when your neighbor loses his job, a depression is when you lose yours. It is overly simplistic, but I think explains the chasm in opinions quite well.

Maybe the government should have just let Bear Stearns fail and go insolvent. Maybe then some of these people would have gotten a clue that there is a problem. As a parent this lack of vision scares the hell out of me. Not only for me, but for the children of tomorrow. As we become a “service” society, we are heading towards a two tier model. There will be those that “have” (the bosses, CEOs and other executive types) and those that serve them (wait staff, valets, security guards, etc) and nothing in between. The middle class will be wiped out, outsourced overseas and be told that it didn’t happen.

Exploding Patio Sets?

OK, not really… but now that I have your attention, let me tell you what happened this past weekend. It was Saturday, a relatively warm, cloudy day here in New Jersey. Like every Saturday for the past few months, my routine was the same, I would go out on my back deck, enjoy a cup of coffee and my morning cigarette (yes, I know… don’t go there), the dogs run around the yard, and then I get ready and head off to the gym. So like every other Saturday morning, I knew exactly what the condition of the yard was (mostly I note whether I will be mowing or doing yard work that day). Nothing was particularly amiss or out of the usual.

As I was coming home, TheWife calls me and says the our patio set is “broken” (I really must speak to her about her ability to understate a situation). I arrived home to find that the tempered glass top of our patio set had shattered into nothing but a chards of glass. I mean tiny. The pieces were so small that you could fit two or three of them on a dime. I found this quite baffling. Now granted tempered glass is supposed to break in a way that prevents thos huge sharp edges from forming, but in the past, I had only seen the tiny pieces at point of impact when something broke the glass, and the rest sort of hung together in a “sheet” of broken pieces. In this case the entire tabletop was completely in chards. I did my best Gil Grissom imitation (other than taking photos… dammit), looking for a cause. There were no rocks, sticks, branches from a tree or other projectiles within the rubble. The ring that protects the center hold where the umbrella goes had fallen straight down and landed on the leg of the table, so obviously the table came straight down, and not at some angle. There was no blood to indicate that a squirrel or other animal had landed on it crashing through. I even entertained the notion that since I live in the flight path of Newark Liberty International Airport that it was a case of “blue ice” and that in the midday sun, it had just melted… but even that would have left some sort of residue from the dye (and or contained waste…ewww). No, nothing seemed to fit.

The table, was one I had purchased from K-Mart a couple of years ago, one of their Martha Stewart line of tables. I was talking about it this week to somebody, and decided to look up some information on Tempered Glass, and at first found this article discussing how when tempered glass is compromised in some way that it can seem like it just “explodes.” Back into Google for a search of “Tempered Glass Exploding” and there… the first article up (at least at the time I did the search), was this little piece called, “Sounds of Summer: Martha Stewart Tables Shattering.” Turns out, this “phenomenon” that had struck our table was not at all uncommon.

There is apparently even a class action lawsuit that is in the works against Martha Stewart Living Omnipedia and JRA Funiture.  However, JRA Funiture filed Chapter 7 Bakruptcy (total liquidation) last year, so at least they are no longer the source (depending on inventories of course) of the tables, but it also means no recovery for the Class Action Lawsuit either.

I’d like to think that with JRA Funiture out of business that this is the end of the situation, but to be honest, reading how Sears (and/or Kmart) and Martha Stewart Living have not even (so far as I can tell) acknowledged this as a problem, outside of saying they will work with consumers under warranty, leaves me a little ill at ease with them, leaving me doubting whether I want to trust them again.  Problem is, at least the old sets were also farmed out under different names to other chains as well.  JRA’s funiture was also sold under the Hampton Bay name at Home Depot, as well as being carried by Sam’s Club, Target and Safeway. (Only Home Depot has has a similar report of an exploding table that I have been able to find so far).

If you have (or had) one of these sets,  if your table is still under warranty you can call K-mart Customer Service about it at 866-562-7848 (though K-Mart has not specifically said they will honor the manufacturer’s warranty) or Home Depot (who will honor the warranty) at 800-585-9969.  Other than that you are probably out of luck.  So what does this all mean?  I guess, most of all be careful if you are going to buy a glass top patio set from a discount retailer.  In my case, I am thinking a nice teak set might be in our future instead of risking it with glass again.

Friday Foccacia

I thought Raven-Symone was pretty much done when she passed on actually being part of the Chetah Girls, but apparently not. It seem she is on a 55 city “Pajama Party” tour with the child band Clique Girls (the Clique Girls are 8, 9 and 10 years old, making them the youngest pop group in music history. How cool is that?)

Whenever I am in a store like Best Buy, Circuit City, etc. I almost always wind up helping or explaining something to another customer. Either because the sales associate doesn’t know the information, or is trying to push something on a customer that isn’t really quite right for them. I guess now I had better be careful, because there have been times that I have badmouthed a product, or spoken about how overpriced it was at a given establishment. When somebody did that at Best Buy recently however, apparently they called the cops on him.

When I first read about a new study that says teens don’t worry about losing their hearing. My first reaction was, “Duh… Ya think?” But as I thought about it a little more, I seem to remember hearing and reading about such thing when I was a teen (yes… all those years ago), because of the sudden popularity of the Walkman. Now I don’t doubt that the damage that can be done with today’s stronger earphones, especially with noise cancellation. But I don’t see “everybody” being deaf from those Walkan’s now, so I am kind of thinking that these studies are overstating things, just a tad.

Being a father of a little girl, I was quite outraged by the message presented at the website missbimbo.com. But Tracee from So Sioux Me has done such a good job, and expressed exactly what I was thinking, it would probably be best if you just read her post.

How funny is THAT Department – The RIAA who has no problems with suing and attempting to collect a $220,000 award in the one (and only) file-sharing suit they have won, from a woman that allegedly shared 24 songs.  But now they are mad and think it is excessive that they have been ordered to pay $298,000 in attorney’s fees on a case they didn’t win.

A worm in the Apple - I am sure there are plenty of Apple Fan-boys that thought nothing about Apple trying to sneak Safari onto iTunes users machines, but if you think you are safer using Safari, you are sadly mistaken.

Is that an RFID in your pocket or …

Despite what some people may think, I am not all about government intrusion in our lives, but the government is supposed to be there to protect the people, especially from the likes of monolithic corporate giants that have nobody’s interest at heart but their own.

Why isn’t that the case any longer?  Why do special interest groups always get their way?  (Yes, I know it is all about the money and re-election funds… it was a rhetorical question.  Just follow… OK?)  An excellent example is the recent first in the country RFID laws passed in Washington State.

In case you haven’t been paying attention, RFID chips are being put into and used in “everything” now, or at least they will be very soon.  That “touch-less” Gas-N-Go card you have from the Station?  RFID,  Those new “intelligent” passports that are coming?  RFID, the new digital Drivers Licenses that are being rolled out?  RFID.  Even some of those frequent shoppers cards.  You have a lot of information that is now accessible, just by walking past an RFID reader set to grab that information.

Now rightly, there is cause for concern, and the laws they were pushing in Washington made sense.  There were basically two parts; the first is making it illegal for anybody to attempt to access your information for fraudulent purposes.  Rather obvious, and somewhat redundant, since fraud is already illegal, but I guess this would be another tacked on charge, or perhaps you can simply be arrested for “attempted” fraud.  Whatever, I don’t have a problem with that.  If somebody is “skimming” my information, then sure he should get in trouble for it without me having to be an actual fraud victim.  But then there is the second part of the law, or more correctly, the original bill… because it never made it into the law.

That part, required retailers and other businesses to only gather information about you on an opt-in basis.  As is always the case… it seems, the retailers and their lobbyist fought this part of the law, and eventually got it pulled out.  So, now skimming is only illegal for an individual; corporations that are skimming are free to gather information about you, how long you shopped in their stores, where in the store you went, how much time you spent in each section, just by strategically placing some RFID scanners, and you will be none the wiser as they gather this information.

But don’t worry, I am sure some company will come out with some sort of RFID blocking wallet, that will be ugly, cumbersome and expensive, but will “protect” you from the “snoops.”  Yup that is right, to have the privacy you should expect by default… you will have it.  As long as you pay for it.  (Maybe!)