Monthly Archive for April, 2007

Top Ten List: 13 April 07

The TTL is back with a vengeance. I’m tired, it’s Friday (the 13th), and I’ve got some fun-in’ to do. Have a good weekend everyone. And for your WTF Moment of the Day, I give you…

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I love the internet!

Song, Artist, Album
10. Don’t Go, The Aristocrats, Cold Heat (Heavy Funk Rarities 1968-1974)
9. Romantic Rights, Death From Above 1979, You’re A Woman, I’m A Machine
8. Lounger, Dogs Die In Hot Cars, Please Describe Yourself
7. Grain Of Assault, Enon, Lost Marbles And Exploded Evidence
6. Pour Un Ancien Ami, Lismore, We Could Connect Or We Could Not
5. Anarchist Bookstore part 2, MC Paul Barman, Paullelujah
4. Krafty, New Order, Waiting For The Sirens’ Call
3. Soft Serve, Soul Coughing, Irresistible Bliss
2. Tainted Love, The Hormonauts, Staying Alive - EP
1. The Earth Died Screaming, Tom Waits, Bone Machine

Arming the crooks…

RIAA SucksTo follow up on my previous post regarding the MPAA, Ars Technica reported last Tuesday that the MPAA (Motion Picture Association of America) and the RIAA (Recording Industry Association of America) have requested an amendment to a California bill that would allow the two groups to utilize pretexting to uncover “pirates”. Pretexting, according to the Federal Trade Commission, is:

… the practice of getting your personal information under false pretenses. Pretexters sell your information to people who may use it to get credit in your name, steal your assets, or to investigate or sue you. Pretexting is against the law.

President Bush made pretexting against the law when he signed into law the Telephone Records and Privacy Protection Act of 2006. Pretexting was also in the news last year in connection with Hewlett Packard Chairman Patricia Dunn’s use of pretexting to weed out a leak on HP’s board of directors. The use of pretexting cost HP a $14 million settlement with the state of California, and also cost Dunn her job.

According to Ars Technica, in the effort to “enforce copyright” the MPAA and RIAA want to enable:

… any owner of intellectual property or trade secrets [to] be able to use “pretexting or other investigative techniques to obtain personal information about a customer or employee.” Buckles maintains that the RIAA would never want to gain access to customer information, but under the broad wording of the amendment, other companies, organizations, or individuals with copyrights could do so very easily as long as they don’t violate the current federal law in requesting phone records.

Let’s not forget that Ars Technica already pointed out that the RIAA views their customers as pirates from the get go when they successfully had new Fair Use standards appended to the DMCA (Digital Millennium Copyright Act). Their reasons, according to Ars Technica:

In a nutshell, the RIAA argues that the DMCA’s anti-circumvention clause cannot be nuanced to allow for circumvention in special cases (like fair use), because if any circumvention is allowed, then the cat’s out of the bag and piracy shall reign supreme. DMCA scholars often spar over whether or not the blanket prohibition against circumventing access controls truly applies to fair use, but I think it’s quite clear what the RIAA and the content industry thinks: the DMCA makes circumvention illegal, period.

It’s an interesting business for the MPAA and RIAA. They sell products to a consumer who they are already convinced wants to rip them off.

And for those of you thinking that the RIAA is protecting the rights of the artists, keep in mind that the RIAA was instrumental in keeping the “Work for Hire” Doctrine intact. “Work for Hire” allows employers to own the copyright of works created by their employees during the course of employment - which is all well and good, but if you are really interested in protecting artists’ rights, shouldn’t that be decided on a case by case basis?

A quick note - I was real sorry to hear about the passing of Kurt Vonnegut. In last few interviews I had seen recently with him, he really seemed like he had a lot of spirit for someone who was in his mid-eighties. The obituary in the New York Times really details quite an amazing life, so I highly recommend checking it out. Rest in peace, Kurt.

Rated R, for [R]andom

iran.jpgRecently, on an internet message board I frequent, I got into a debate with someone over the film 300. I sank to a new level of pretentiousness by engaging in a debate over a film I haven’t even seen yet - but it is the internet, and therefore such requirements are not… requirements.

To be honest, the debate wasn’t so much about the content of the film, rather about critiquing the film and film in general. For those who don’t know, 300 is a remake inspired by Frank Miller’s graphic novel of the same name - also based on the 1960’s film called The 300 Spartans about a historical battle between the Spartans and the Persians. 300 grossed $70 million it’s opening weekend, and has grossed $179,941,919 since it opened. The folks on this particular message board were raving about the film without providing any justification beyond “I enjoyed it,” and those who had the audacity to critique the film were chastised for not “appreciating a good time.” Being a (former) artist, I made the silly argument that simply because a movie does well at the box office and that people, generally speaking, like it - that does not necessarily mean it is a good movie. I also made the mistake of quoting people smarter than myself, such as L.A. Times film critic Carina Chocano.

Someday, maybe, the “entertainment defense” will no longer hold water. But for now, we’re slogging through the era of the completely implausible denial. Like many films that seem to riff on everything without stooping to make a point (which would be just so hopelessly earnest and dorky), “300″ proudly claims to be about nothing. Or rather, like another type of purchased pleasure, it claims to be about anything you want it to be. As long as a movie is dumb and violent enough, it can quote whatever cultural allusion is handy, then deny that it did with impunity.

The interesting question is how “entertainment” has come to be accepted as a valid, irreducible argument against interpretation; how, in a broader sense, the act of putting things in context has come to be seen as inherently suspect. Whether it’s the attorney general claiming lack of clarity on the firings of U.S. attorneys, or a Lionsgate executive admitting mistakes were made regarding the torture billboards for “Captivity” pasted all over town, it seems that no connection is too clear, no cause and effect too obvious for shocked denial and feigned surprise not to be a viable option.

Brilliantly stated, and largely why I think why most recent films tend to - put bluntly - suck.

This Film Is Not Yet Rated I’m talking about this to get to another point. Recently, I watched This Film Is Not Yet Rated (2006), a documentary by Kirby Dick on the MPAA’s Classification and Rating Administration, and how they operate in virtual secrecy while retaining almost complete control over how a movie is rated. The rating, which the MPAA claims has no impact a films success, can have drastic impacts on how a film is marketed and released. The rating system, therefore, has almost complete control over what movies make it to theaters on a wide scale. Your film gets an NC-17, and you’ll be lucky to break even. If you targeted your film for a PG-13 and get an R, well, you still might be well buggered.

The jist of the film is that this rating board puts ratings on films based on an entirely arbitrary set of standards, with no accountability to anyone, especially a filmmaker. Should a filmmaker wish to appeal, then they find themselves in front of an entirely different “anonymous” board, which, as it turns out, is made up of major players in the film industry - such as CEO of Fox Searchlight Steve Gilula, VP of Sony Pictures John Lodician, numerous theater chain owners and two clergy. The question as to why one film gets an R rating and another film, which contains similar material, gets an NC-17 is an impossible one to answer, as it is apparent that the system is deliberately organized to remove consistency from the ratings given.

Here’s the deal. Films are rated by some arbitrary standards, and films are critiqued by some arbitrary standards. The whole industry has become one big arbitrary mess, all the while raking in billions of dollars on the backs of the very artists who’s films they are controlling, and the very consumer who’s spending choices they are controlling.

The failure of critics to challenge film turns it into nothing more than a product to be consumed, and no level of appreciation need by applied. Film becomes nothing more than deciding between Coke and Pepsi. So what do you do if you happen to think both Coke and Pepsi taste like crap?

Film (and music and television, for that matter) isn’t just supposed to be a product - it is supposed to be an art form that challenges as well as entertains. Not to indulge too much hyperbole, film is supposed to be commentary and reflection of our times. When it only serves to entertain, then it becomes nothing more than something light passes through to create some interesting patterns on a screen - and that is a waste of a medium.

Irani Troubles

CNN Money is reporting today that Ray Irani, CEO of Occidental Petroleum, took home over $400 million in compensation in 2006 - one of the largest single payouts in history.

The largest part of Ray Irani’s 2006 payout was $270.2 million from the exercise of options awarded from 1997 to 2006, representing more than 7.1 million shares, according to the company’s annual proxy statement, which was filed with the Securities and Exchange Commission in March.

Irani also received $93.3 million in stock and dividends from a deferred stock program when the company closed the plan in October due to increases in liability and expenses for the program, the company said.

Irani’s salary in 2006 was $1.3 million and his cash bonus was $1.4 million, according to the filing. But stock and option awards and other benefits lifted his 2006 compensation to $55.6 million, the proxy said.

Occidental Petroleum isn’t the only corporation for which Raymond Irani has worked. Other companies include Monsanto and the Olin Corporation.

Monsanto is a leader in the genetically-modified agriculture like terminator seeds , as well as bovine growth hormone (rBST). Bovine growth hormone is injected into cattle in order to produce a greater amount of milk per cow. In 2003, Monsanto sued Oakhurst Dairy which had the audacity to labels its products with “Our farmers’ pledge: no artificial growth hormones.” Monsanto took offense at the Oakhurst label inferring that rBST milk was somehow “not as good” as non-rBST milk. Monsanto’s rBST has not won approval in any industrialized nation, save the U.S. The two companies eventually settled out of court, with Oakhurst making a slight change to its label.

Irani was also the COO for the Olin Corporation, which is a chemicals and metals company. Although he left that company in 1983, the Olin Corporation recently had some environmental issues in Santa Clara County. From the Gilroy Dispatch:

Olin is responsible for an underground plume of perchlorate stretching southeast from the company’s old road-flare plant on Tennant Avenue, in Morgan Hill.

Perchlorate contamination was first reported by the company in February 2001 when it was trying to sell the factory.

From 1956 to 1995 Olin and Standard Fusee operated the factory where perchlorate leaked into the ground, possibly from an evaporation pond for factory water, on-site incineration of flares and accidental spills. The evaporation pond was used as an alternative to disposing polluted water into storm drains.

Perchlorate is a chemical used in rocket fuel and explosives. It is known to disrupt thyroid function and prenatal growth and development. Scientists are debating on how much perchlorate it takes to cause health problems.

On a completely seperate note, the Olin Corporation was founded by Franklin Walter Olin, who also founded the F.W. Olin Foundation, and is the father of the founder of the John M. Olin Foundation. Both foundations are now defunct, but the John M. Olin Foundation gave money to many right-wing think tanks. According to Source Watch:

In 2001, the Foundation expended $20,482,961 to fund right-wing think tanks including the American Enterprise Institute (AEI), the Brookings Institution, the Center for Strategic and International Studies (CSIS), the Claremont Institute for the Study of Statesmanship and Political Philosophy, the Council on Foreign Relations (CFR), the Heritage Foundation, the Hoover Institution on War, Revolution and Peace, the Hudson Institute, the Independent Women’s Forum, the Paul H. Nitze School of Advanced International Studies (SAIS) at Johns Hopkins University, the Manhattan Institute for Public Policy Research, and the Project for the New American Century (PNAC). “The Foundation also gives large sums of money to promote conservative programs in the country’s most prestigious colleges and universities.

The John Olin Foundation also gave money to the Philanthropy Roundtable. Don’t even get me started on that group.

So, anyway, congratulations to Ray Irani and his huge payday. And to the stupid, stupid Americans who help finance this kind of despicable greed - you should have become a shareholder. Maybe, then, you would have mattered.

Humps in the Dumps

No TTL this week, as losing all of my Spring Break (which I do NOT get off, thankyouverymuch) to a nastly little cold virus gave me little time for blogging while playing catch up. Thankfully, I am officially over it (the virus, that is).

So here’s my favorite little tidbit of the week, a cover by Alanis Morissette:

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Admittedly, I’ve gained a little respect for Alanis Morissette here. Her method of deconstructing an insanely insipid song in My Humps by the Black Eyed Peas was the perfect way to profile a set of amazingly stupid lyrics. (Am I giving Morissette too much credit? Well, she did play God.)

Let’s revisit my favorite part of the lyrical masterpiece, shall we?

Tryin’ a feel my hump, hump.
Lookin’ at my lump, lump.
You can look but you can’t touch it,
If you touch it I’ma start some drama,
You don’t want no drama,
No, no drama, no, no, no, no drama

That’s just fucking brilliant. I mean, that must have taken minutes to write. Some of it rhymes, some of it doesn’t, and some of it simply repeats the same words over and over. Centuries of lyricists trying to perfect their craft, and they’ve all been trumped (hey, that almost rhymed too) by Fergie.

Normally, I’d stop here, as a whole entry this long devoted to My Humps seems a bit much. Allow me to let Hua Hsu of Slate Magazine have the last word:

It is also proof that a song can be so bad as to veer toward evil…”My Humps” is a moment that reminds us that categories such as “good” and “bad” still matter. Relativism be damned! There are bad songs that offend our sensibilities but can still be enjoyed, and then there are the songs that are just really bad—transcendentally bad, objectively bad.

And Hsu continues:

It’s a song that tries to evoke a coquettish nudge and wink, but head-butts and bloodies the target instead. It isolates sectors of the female anatomy that obsessive young men have been inventing language for since their skulls fused, and yet it emerges only with “humps” and “lumps”—at least “Milkshake” sounded delicious.