damn the muse

Here's another example of David vs. Goliath in the music industry but with a twist. The RIAA sued and a music label in Canada decided to pay the legal bills to help defend the Gruebals. What I love are the arguments made in the defendants motion to dismiss:

# The RIAA's attempt to recover $750 per song, while its actual damages are only 99 cents per song, is unconstitutional;

# Since 2003 the RIAA has been actively engaged in "extortive and predatory litigation tactics" and misused the Courts to "create a veil of fear designed to frighten average consumers into paying thousands of dollars in settlements to avoid prolonged litigation";

# The RIAA's pleadings are "smoke and mirrors";

# The complaint lacks sufficient specificity;

# Tthe "distribution right" upon which the RIAA vaguely relies does not apply to electronic transmissions; and

# Even if it did, the mere act of making sound recordings available online does not constitute an actionable infringement.

It's nice to see that people are actually fighting the lawsuits and not settling. And the fact that a Canadian label is backing the defendants ( think Sarah McLachlan, Delerium) is pretty impressive and sends out a pretty loud statement. Sooner or later the RIAA will have no support.

Via Digg

Posted by yasmín at 10:40 AM | Permalink | Comments (0) | TrackBacks (0)

January is almost gone, and yet it still doesn't want to end. I'm watching the news today, and I can already tell you that it's going to be one of those years that won't be forgotten. As for me, well I'm still trying to get over the after effects of the flu.

I caught the flu, and it baffles me. I never get sick, so something like a fever just traumatizes me. A 101 temp is freaky. Call mom on the phone and say I'm dying. Now I'm just coughing, and coughing. At least it's not bird-like in nature, right. I need to think positively, and maybe it will go away.

I will say this-- I did reach one goal this month. I am the proud owner of a 30 gig video iPod. I'm broke. She's a beauty though all black and sleak and purdy. I downloaded my first podcast this morning and listened to it while rewatching "Epiphanies." Ron Moore says some very interesting things about Battlestar Galactica. I also downloaded a free episode of Monk, and that tiny screen is amazing.

I'm so broke, but I have a 5G iPod. So worth it. I will be teaching Spanish forever. At least until I find a job that requires my J.D.

Posted by yasmín at 11:22 AM | Permalink | Comments (0) | TrackBacks (0)

My stomach is growling, and gee look at the time! Now I know why.

The Nine Inch Nails concert was Sunday night, and it was amazing. No. Really. Nice disABLED seating for yours truely's viewing pleasure. I always run the risk that they might put me in a section that's either too far away, or up close and personal, which is great, except when people stand up, which they typically do, I can no longer see. It happened at the Aerosmith concert in the JACC. I was not happy then. Here, well I had no clue Mr. Reznor had such nice muscles. And such stamina!

There was also a NIN virgin. Poor NIN virgin. Methinks that was her last concert.

Oh, and to the people smoking weed four rows down, I hate you. That stuff can really mess with one's allergies!

Posted by yasmín at 12:33 PM | Permalink | Comments (0) | TrackBacks (0)

is now officially broke for this month! Painfully so, but ya know what? I'm going to see Nine Inch Nails in concert in October, and it looks like the accessible seating is right in the center. Oh yeah!

::does the happy dance::

Posted by yasmín at 4:00 PM | Permalink | Comments (0) | TrackBacks (0)

Every two weeks I receive the obligatory Ticketmaster email that informs me of all the concerts and plays coming to San Antonio and the surrounding area. Why they tell me Miss Saigon is coming, I don't know. It's in Corpus, people. Do I have a car? No. Can I go? No. Why must you torture me by dangling such pretty musicals with no chance of attending. Bastards.

But this isn't a rant against Ticketmaster. Nor is this a post to gloat that Sparta is coming and neither my cousin or my brother can see them (sucks to be in school, doesn't it). No, this is about how sick and twisted the world can be. Can someone please tell me why Gloria Trevi is coming to San Antonio!!!! She is a child molester. She helped her manager rape girls. Girls who got pregnant. Girls who were either forced to abort their babies or make them disappear. This woman has a cd out again, and she's on tour here in the United States. I don't know, but this is sick.

Posted by yasmín at 9:50 PM | Permalink | Comments (1) | TrackBacks (0)

I needed a week of absolute apathy. Don't give a damn. Wham bam thank you ma'am. Just a week of dry heat, family ties, and movies galore both on the small screen and big screen. Call it denial, but so far I've enjoyed my vacation to my parent's house, and have I mentioned that A Perfect Circle is excellent in concert. I want to marry Maynard James Keenan's voice. That is all.

Posted by yasmín at 10:45 PM | Permalink | Comments (0) | TrackBacks (0)

According to the latest polls music downloads, illegal ones that is, are slowing down. All the major download programs show some decrease in usage, but where is the so-called 'half' the article reports that has disappeared? What the article doesn't mention is that people won't be so quick to admit that they download music, nor has it factored in any of the new underground software that has emerged to take the place of Kazaa and Grokster. Yes, the RIAA lawsuits were succesful. They scared people. Many stopped downloading music but a whole lot of others searched for another way and they will continue to do so.

Posted by yasmín at 6:59 PM | Permalink | Comments (0)

Here we go again. R.I.P. the ever so talented Michael Kamen. I will miss his music. He was just too young.

There are also reports on Dark Horizons and the website for the movie, The Year that Trembled that Jonathan Brandis has died. I want them to be wrong, wrong, wrong!! He's only a year older than me. He can't be dead. Oh hell, I grew up watching him on Seaquest DSV and every other movie and tv show he was on. This is just sad.

Posted by yasmín at 11:43 AM | Permalink | Comments (0)

Here's another broken record. Global music sales are down and p2ps are the obvious targets of finger pointing. What the industry leaders have also failed to point out are that the fall in sales are due in part to the lousy music out there and a boycott that has been around for over a year.

No RIAA people, we don't think Britney Spears is as classy as U2. Not everyone wants to hear trash, spend ridiculous amounts of money on trash, or allow their children to be brought up by trash.

Posted by yasmín at 2:09 PM | Permalink | Comments (2)

Had a blast at the Evanescence concert last night, migraine and all. Don't ask me how, especially since people were smoking up a storm. Amy can sing and the guitarist and basists were drool worthy. I just love musicans. I really do. The only unsettling moment about the concert was the venue. It's not handicap friendly since the seats are positioned poorly, as in everyone stands and I could see jack. So after demanding to see the promoter of the event, the staff were very kind to find me a new spot so I could actually see the stage.

Posted by yasmín at 8:51 AM | Permalink | Comments (0)

::bounce:: I hit a C!! I hit the C at the end of Phantom of the Opera, and one of these days I'll hit an E natural. But I hit a C, which I haven't done in ages.

Posted by yasmín at 5:17 PM | Permalink | Comments (1)

Farewell to Les Miserables on Broadway. I never expected it to close. At least not for another few years. I guess I'll never get to see it in New York. That's ok. I saw it when it was on tour.

Posted by yasmín at 11:21 AM | Permalink | Comments (0)

That was Adrien Brody? He was the guy in Tori's video, A Sorta Fairytale. I'm so amused. I always wondered who he was because he reminded me of Trent Reznor, don't ask me why.

Posted by yasmín at 8:26 PM | Permalink | Comments (0)

Three services offer music for a price.

Yes, we've known about them for a while. And though they seem promising, I still don't trust them and refuse to pay 10 dollars for music I might as well just listen to on the radio.

People want to be able to download and burn their files, not have them disappear once a subscription has ended. For a reasonable price, these services might even sell, but so far I'm not convinced. I don't want to use AOLs burning software, or Rhapsody's system. I want to be able to download mp3s, set up my own lists using winamp, and have complete control over what songs I'd like to burn. Until then, Kazaalit is still my best friend.

Posted by yasmín at 9:36 AM | Permalink | Comments (0)

Musetta is my goddess!

Quando men vo...

Posted by yasmín at 10:07 PM | Permalink