C0rk.W0rd

He's BACK, but this time INDEPENDENT

I do not think that Nader will have a significant impact on the upcoming election. Many democrats are quick to poo poo Nader, claiming that he is responsible for Al Gore's loss in the previous election, and that the left-ist followers he has would be better served by voting for the democratic nominee who actually stands a chance against Bush. Though this is a concern, I think whatever voters gave their vote to Nader last time around (on the Green ticket), allowing Bush to slip ahead of Gore, will heed the lesson.

I think it is important that their be a viable 3rd party in this country. Hell, I would really like to see a 4th and a 5th, but I don't think this election is any kind of proving ground. There is an urgency on the left to ensure that Bush is removed from office, and their is separation that needs to be made between passion and practicality. It is practical for Nader to forego this election in the seemingly universal leftist interest of removing president Bush from office. Nader is not running to win, he can't win... no, don't even try to argue with me about it --- HE CAN'T. Nader's running is even more disturbing because he's running Independent. At least in the previous election he was running on the Green ticket, which ALMOST resulted in another "real" political party, which is something I think this country needs. His entry into THIS election does not serve this need. Independents represent no party. At least with the Greens where was hope of a small payoff.

If Nader plays to the left, won't this hurt democratic chances?

Citizens who gave their votes to Nader in the last election, did so for a variety of reasons that I just assume not discuss at length. I am fairly confident that regardless of the reasoning of individual voters, the majority of Nader votes were cast by informed persons from the left. It was impossible to foresee the disastrous effects of the Nader/Gore split. I am reasonably certain that the lesson was learned, and that Nader will received FAR FEWER votes than he did previously. Though I appreciate his dedication, I think Nader is making a bad choice for HIMSELF rather than the voting population. His decision to run will result in his name being drug through the mudd, especially if Bush goes on to another term. I think his days, as a civil servant will be numbered following this election, which is a shame because I consider him a semi-decent statesman.

On Election Day American's do 1 of 3 things - vote, don't vote, or vote stupidly. Citizens having voted for Nader in the previous election could not predict the outcome, but having seen what happened --- they will not make the same mistake again. Anyone who votes for Nader this election is voting stupidly, but I think the events of the last four years have made the left get smart awful quick. With any luck, the only stupid votes will be from "would-be" Republicans.

Greetings From Killarney

Good day all...

I'm writing this entry from a cosy web café in Killarney. We spent last night in drinking and well, sort of sleeping in Dingle. Waking up around noon, my father, Bob, Chaz, Raja, and I took a drive around the peninsula and saw some absolutely breathtaking sites. Pictures will be published shortly. We drove up over O’Connor pass and endured 75+ kph winds to take some choice shots of the valley. (at the moment, raja is taking a picture of me typing this so that he can mock me later)

Anyway, for those of you that care, I’m having a wonderful time. I’m also pleased about the older gents I’m drinking under tables. But they’re all doctors, and have certain ways of medicating that may move my ‘day of reckoning’ up a little.

We’ll be spending the remainder of tonight and tomorrow in Killarney, before moving on to the Cliffs of Moore, and Adair Manor on Sunday. For those of you wondering… I’m already planning my return trip. Ireland is great. I just bought a 7UP from a convenience store named CORKERY’s … Pictures coming of THAT obviously. Thanks for reading ALL!!!

Talk to all ya’ lads later

"Straight From Vermont" (get it?)

Just when I thought things couldn't get any worse, Bush has decided to try and amend the constitution. The amendment Bush supports would make same sex marriages a matter of NATIONAL policy, thereby removing State's rights to choose their own policies in this regard. This is a bold and decisive move by Bush who is not above admitting that the recent stream of gay marriages taking place in California had an effect on his decision. In case you hadn’t guessed Bush considers same sex marriage “an abomination”.

This request by Bush is monumental in that it will mark only the 2nd time in history, that a constitutional amendment would restrict citizen’s rights rather than extend them. The first of course was the 18th amendment, which enacted prohibition, and we all know what a success THAT was. For organized crime... I mean.

So where do you stand c0rk?

I support EVERYONE's right to civil unions. The notion of marriage is one seeded in religion, and you cannot legislate church policy. However, same sex unions/codependency deserves the same recognition under the law as man-woman codependency. To claim that these privileges imply that some form of moral code must be met in determining what is appropriate and what is not is just plain absurd. There seems to be lack of morality when it comes to many of the reality television programs that grace the airwaves. Joe Millionaire, The Bachelor, World's Smallest Groom, and My Big Fat Obnoxious Fiancé ??? --- All of these shows make a mockery of this "sacred union" that everyone is making such a stink about. Are these really accepted as normal while real love is being labeled an "abomination"?

Frankly, I think the very notion of Marriage is on its way out. With a divorce rate above 50% and a growing national interest in civil unity, I think it is only a matter of time before Marriage is considered ABnormal. While the conservatives run to biology claiming that same sex (anything) is unnatural, I simply enjoy pointing out that 'monogamy' is unnatural. I will concede that you won't find many in the animal kingdom that chose to mate with animals of the same gender. However, you're equally unlikely to find a trace of monogamy. We're most certainly the only species on the planet that chooses or seeks monogamy in the name of supposed morality.

So what are you? Some kind of swinger?

No, having been born in the culture that I was, I have a natural tendency for wanting a monogamous relationship, though I am not beyond admitting that it feels a tad unnatural at times. Choosing to ignore what I see as a growing trend, however, is something I simply have no capacity for.

At the end of the day who people choose to love and be with is their own business. Civil liberties need to be flexible to accommodate all walks of life including same sex couples. As for the church or other religious institutions recognizing such things... well, I wouldn't hold my breath. Still, the business of people’s sexual preference is their own, and it is relatively harmless business. If your personal moral code has no room for same sex couples well that's just fine. My moral code has no room for religion, yet religious establishments are still not required to pay taxes. I don’t slaughter church goers in the streets and call their penchant for god, scripture and monogamy primitive, foolish, and naive because in the end, their moral code has little to no effect on how I choose to live MY life.

The issue of same sex marriages is just another instance of religion-implied morality being optioned in the determination of public policy. The idea in and of itself nullifies the tenants of this country, which makes a distinction between church and state. Grow up America gays are here to stay. Though I do wonder how Dick Cheney is dealing with all this… (FYI – his daughter is a lesbian).

I Just thought this was funny... I have no love for Clinton... but at least he's a real politician.

Bound For IRELAND !!!

I'm having a little trouble putting into words, just how excited I am to be going to Ireland. For those of you who don't know, I will be spending 5-days in Ireland. Even better --- I leave TONIGHT!

I've been waiting to see Ireland the bulk of my mature life. I am of course 50% Irish, and with a name like Corkery, it's pretty hard to conceal. It sounds contrived to say that I am visiting the home/mother-land, but I can't help but feel that way. That is not to say intrigue with Ireland should be limited to those having roots there. Raja and Chaz are coming with me, and neither of them has the slightest bit of Irish in them, except maybe for that little bit they're leased on St. Pat's. Regardless, I cannot wait to see and drink all that is Ireland.

5 days seems like no time at all, and I'm afraid this initial taste of international travel will only lead to more. Regardless, I intend to make the most of my time in Ireland and give you all a nice long blog entry to mill over upon my return. I also intend on taking PLENTY of pictures so you can call take in the country visually.

I've scheduled a few politically fueled posts during my absence, so keep reading while I'm out... and if you find yourself at a bar over the weekend, order up a pint of Guinness and think of me.

MPAA vs. 321 Studios

The world of consumer rights has just been dealt a major blow by a California court. 321 Studios, the manufacturers of the popular DVD X Copy software have been ordered to stop shipping/selling their product by weeks end (02/27/2004). For many, DVD X Copy was the first user-friendly means of backing up purchased DVD's, and as such, was subject to a great deal of scrutiny from the Motion Picture Association of America (MPAA). 321 Studios is poised to appeal the ruling which is laden with controversy... here is why...

The initial ruling was based on the MPAA's insistence that the DVD X Copy software was illegal because is violated elements of the DMCA (Digital Millennium Copyright Act). The DMCA has been the topic of heated debate ever since its inception in 1998. I have read the Act in its entirety and it is arguably one of the most ambiguous things I've ever absorbed. The MPAA's main argument concerns security encryption circumvention. Essentially, the DMCA says that any efforts to thwart/circumvent (crack) any form of encryption are illegal. This is a problem for DVD X Copy, because the software effectively dispenses with the CSS (Content Scrambling System) developed to encrypt retail DVD content, allowing users to then extract copyrighted material. It's not looking very good for 321 Studios is it?... well not so fast... there is more...

321's appeal will certainly focus on the DMCA's "fair use" clause. Unfortunately, the fair use clause is probably the most vague and ambiguous portion of the DMCA. The general interpretation is that it is "fair use" to allow customers to circumvent encryption to copy copyrighted works, so long as the intent is for personal use or investment protection. The idea is essentially this... I bought a DVD, and I want an extra copy in case something should happen to the original. I buy DVD X Copy, and I am able to create backups to protect my investment.

Of course the grey area here is the legality of marketing a product that enables consumers to break encryption for "fair use" purposes. There is also the MPAA's argument that the software exceeds the capacity of "fair use" because it is being used to mass-produce and distribute their copyrighted products.

In 321 Studios defense, they are acting in the best interest of the consumer, and in no way intentionally contributing to DVD piracy. Their software was conceived in the interest of 'fair use' and is employed as such by thousands of Americans. The illegality resides at the consumer level unfortunately. If I sit in my basement all night churning out copies of Spider-Man so that I can go sell them on eBay… well then I'm turning a copyrighted material into my own little profit center, and that is wrong. This is the story that the MPAA was successfully able to sell to the California court. The problem is that there is no data to back up the claim this shady business model is being pursued by a significant number of Americans… nor that any copies being generated are depleting legitimate DVD revenue... explain?... happy to...

The DVD format has been nothing but a gem to the movie industry. With superior quality video and a reasonable price DVD's have been flying off store shelves. In fact, the Blockbuster video rental chain is being forced to close down numerous locations and reorganize their business to emphasize the retail instead of the rental because customers are more likely to BUY DVD's, not rent them. The evidence of declining sales the RIAA used to peddle its case against song swappers, is simply not valid in the DVD model. DVD sales are not only on the rise, but accelerating each year as the price of DVD players hit rock bottom, and the DVD customer base grows by leaps and bounds. DVD copy software like DVD X Copy has done very little to damage the sale of DVD's in this country. The reality is that the DVD format is appealing enough to the consumer to warrant its reasonable price point. Bargain shoppers can find many of their favorite DVD's for $10 or less. That is cheaper than most audio CD's!!!

The DVD beast has swallowed American's whole and the MPAA is just after a little more than they deserve. Like the RIAA, the MPAA is a rich and powerful conglomerate. The difference is that the RIAA is attempting to extort money to make up for its own mistakes, and the MPAA simply wants to squeeze the consumer for a little more. Both major character flaws to be sure, but I'm still not sold on the whole 'attack the consumer' marketing strategy.

Stealth Helicopter w/ Ejection Seat... Simply Not To Be

After two decades of development and 8 billion dollars spent, the Pentagon has decided to cancel the Comanche Stealth Helicopter Development Program. This project has been drug out for what seems like forever. The Comanche was never good enough for production. Several documentaries on the aircraft's develpment have pointed out the numerous blunders of the program including out-of-control rotors and endangered test pilots.

The subject of a series of video games, I always did wonder if that damn thing would ever make it into service. I was certain that I would hear more about its testing than its performance in combat. I guess the closest any servicemen are going to get to the Comanche's cockpit is on their home PC.

This is a smart move by the Pentagon to curb spending in a time of immense national dept (thank you Mr. Bush). I wish we could spend more military money domestically, but we're stuck with an administration that would prefer to see it spent in an effort to end the lives of our enemies, or at least the lives of those caught in the crossfire. Anyone who has, to any extent, followed the Comanche program, knew that this Helicopter wasn't going anywhere very fast... if at all. (Literally)

Hopefully some of the research will be salvaged through contributions to the (active) Apache program, which is another Boeing contract. Boeing's stock dropped today, along with United Technologies (co-contractor on Comanche). I await the fate of the Osprey (another radical military aircraft that has been in development FOREVER by Boeing).

*huff* *huff* *huff* ... What A Weekend

This was an interesting weekend to say the least. Friday and Saturday nights were both spent at the Main Street Pub, but it was Saturday afternoon that held the most peculiarity...

After a few cups of coffee in the morning, my dad brought in the mail and tossed a folded mailer in front of me. Enclose within was a check for $13.98 which was my portion of the RIAA settlement over a class action price-fixing case (see prior post for additional details). Check in hand, I typed out a post regarding the letter/check for this blog. While doing so, I heard a banging coming from the laundry dryer. I opened to inspect, and discovered my cell phone. Though looking "physically" pretty clean, the internals were shot. For those of you keeping track, this is the second cell phone I put through the laundry. The first was my old Nokia which after I dried out and installed a new battery, fired right up and worked fine until my contract was up for renewal, and I could secure a new phone. Nevertheless, this dead yet 'clean' cell phone problem needed to be dealt with...

I have insurance on my phone, since it is a semi-pricy camera model manufacuter by Sony Ericsson. I think it was voted "Phone-Of-The-Year" by someone in 2003. Phoning the insurance company was pretty simple and painless. The girl on the other end was knowledgable and swift with a nice sense of humor about the whole thing. She said my phone would be ready for pick-up at the Cingular location I had requested. Before leaving the house however, I decided to finish up my post regarding the RIAA check, and drop a line to SlashDot, thinking they might be interested...

...I got a new phone...Same as the old phone…

... I returned home and checked my TypePad site stats. This blog had over 5000 hits in less than 2 hours Saturday night. It turns out SlashDot had picked up my submitted article. I had been foolish enough to include links to my blog-article, and it wasn't long before hits were coming in to the tune of 20-25 a min. Though I would normally revel in the popularity, I seemed to have underestimated the appeal of my own article. All SlashDot submissions are reviewed before posting, and I thought it extremely unlikely that my submission would be selected. Before I knew it ... the main page of SlashDot has a big header titled "One Man's Check From the RIAA" submitted by c0rk.

SlashDot.jpg">

I should have foreseen this onslaught and taken steps prior to the SlashDot publication to reduce the size of this site, as not to exceed my bandwidth quota on TypePad. Needless to say I didn't... but luckily I discovered the slew of visitors soon enough to thwart additional attempt to link to this site. I republished the image and the post referenced, effectively breaking all the SlashDot links to C0rk.Blogs.com. This knocked hits down under 1000 an hour and eventually below 100. SlashDot readers would have to edit the URL manually to gain access to the site, and the re-named article. Luckily MOST weren't that dedicated. The next step was to distribute the bandwidth. I made all the images on the mainpage reference external image storage locations so that the bandwidth being used was not entirely TypePad's. By late Saturday night, hits were hovering between the upper double-digits and 100 per hour. By Sunday afternoon I was down to between 10-20 an hour, and it eventually came down to 5-15 per hour. My normal hit-rate is between 5-10 an hour, but the average has remained elevated because refferring address information shows that many SlashDot readers are deciding to repost corrected links in their own blogs and self run message boards/forums.

What about the bandwidth? Did you go over? ...

Contrary to the opinion of many SlashDot commenters, I did not exceed my bandwidth quota, nor have I incurred any monetary penalties. Though this did result in the highest month of bandwidth usage by my TypePad account since I purchased the service in August 2003, I have not yet exceeded my quota, nor does TypePad/SixAppart have a billing policy regarding bandwidth overuse. (Meaning: I'm not certain I would have been billed had I gone over because although there are quota's listed by TypePad, there is no documentation regarding how to purchase more, or how you will be billed in the event of an excess.) TypePad is a very recent (August 2003) startup of the SixApart Company known for developing the popular Blogging Software MovableType. The lack of a bandwidth policy is more than likely due to the infancy of TypePad, though hardly cause to disgrace SixApart. TypePad and SixApart are both remarkable products for which the company has received numerous accolades. I'm proud to have been such an early adopter (I'm invoice #58) of the service, and relieved that I was able to thwart the events of this weekend to avoid putting anyone in a difficult position.

Now that all of that is dealt with, all my regular readers can brace themselves for more standard reading in the coming days.

RIAA?... Pay ME?

My being part of a class action law suit paid off. This morning I received my portion of the settlement made due to the Compact Disk Minimum Advertised Price Antitrust Litigation. I filed a claim to be part of this class action suit about a year or so ago… anyone having purchased a Music CD between Jan1st, 1995 and December 22nd, 2000 was eligible to redeem part of this settlement. Surprisingly, I was part of this demographic since I will on occasion purchase certain artist’s CD’s whom I deem worthy of my entertainment dollar.

This is essentially my being reimbursed for the financial damages I suffered as a music CD purchaser during a time when CD pricing policy was overwhelmingly unfair to the consumer. I received approximately $14.00 as restitution from both record companies and music retailers. These companies and retailers where indicted for violations of the Sherman Act which works to prevent companies from engaging in shady business practices… in this case price fixing. The defendants attempted to exploit their MAP (Minimum Advertised Price) policies to cheat the consumer. The willingness of the defendants to settle with plaintiffs (that’s me) with a significant pay out, $14.00 of which will be deposited in MY bank account, more than confirms their guilt.

Here is a list of the defendants (that restitution… these are the guys supplying it):

LABELS: Capitol Records, Inc d/b/a EMI Music Distribution, Virgin Records America, Inc, and Priority Records LLC; Time Warner, Inc, Warner-Elektra-Atlantic Corp, WEA, Inc, Warner Music Group, Inc, Warner Bros Records, Inc, Atlantic Recording Corporation, Elektra Entertainment Group, Inc, and Rhino Entertainment Company; Universal Music & Video Distribution Corporation, Universal Music Group, Inc, and UMG Recordings, Inc; Bertelsmann Music Group, Inc and BMG Music; and, Sony Music Entertainment Inc.

RETAILERS: MTS, Inc d/b/a Tower Records, Musicland Stores Corp, and Trans World Entertainment Corp.

This victory, though not a MAJOR blow to these giant conglomerates, does feel good at time when music lovers are being actively hunted and sued for copyright infringement by the RIAA. I will more than likely use a portion of my settlement to invest in what I consider a legitimate and fair business model --- iTunes. If the RIAA had jumped on the legitimate internet distribution band wagon instead of conspiring to rob the consumer with their aging CD business model through price fixing, maybe they wouldn’t be up to their ears in legal fees these days.

My thanks go out to the legal teams and active citizens who were instrumental in the success of this litigation… score one for the consumer (there is a statement you don’t hear much anymore).

Want to Know More? Here are some links...

HOMEPAGE FOR THE CLASS ACTION LAWSUIT

iTunes - Join the Legidimate Music Downloading Revolution (yea I know that's campy)

Last One... For Now

1. IF YOU COULD BUILD A HOUSE ANYWHERE WHERE WOULD IT BE?
Probably on the mountain in Vail, CO. Though there are a number of places I would like to own a residence

2. WHAT IS YOUR FAVORITE ARTICLE OF CLOTHING?
A pair of jeans is always a comfortable fit

3. FAVORITE PHYSICAL FEATURE OF THE OPPOSITE SEX?
Favorite?... Well, I'm definitely not a tit man. They're nice don't get me wrong, but I've never been one to pass any form of judgment based on them. Eyes are always a key element, and I've recently discovered that a healthy palate can do wonders for a woman's appeal. So I guess that makes me an Eye/teeth person, though I have been known to sneak a peek at a butt or two.

4. THE LAST CD THAT YOU BOUGHT?
Do downloads from iTunes count?... I guess not... ummm... I bought David Bowie's Reality CD @ BestBuy for a whopping $16.99, though I still prefer Heathen.

5. WHERE’S YOUR FAVORITE PLACE TO BE?
Anywhere but here.

6. WHERE’S YOUR LEAST FAVORITE PLACE TO BE?
In deep shit.

7. WHERE IS YOUR FAVORITE PLACE TO BE MASSAGED?
Massaged?... the neck and upper shoulders... but don't waste my time if you suck at it.

8. WHAT’S MOST IMPORTANT, STRONG IN MIND OR STRONG IN BODY?
mind

9. WHAT TIME DO YOU WAKE IN THE MORNING?
Take a shower, brush my teeth etc.... why ... what do you do ?

10. WHAT’S YOUR FAVORITE KITCHEN APPLIANCE?
The wok is the key to any good meal, though I do really like the Martin Yan Ginsu Knife my dad bought me a few years back... :::chop:::chop:::chop:::

11. WHAT MAKES YOU REALLY ANGRY?
People who get MAD literal about religious texts. People who have not time for reality. People who bomb abortion clinics. Missionaries. George W. Bush. People who think anything or everything is absolute. Death, particularly the unnecessary and unjust kind. Religious Fundamentalists. Whomever keeps Dr. Phil on the air. The DJ at the Pub on Saturday nights. People who concede nothing. People responsible for impressing upon anyone a moral code that places restrictions on what I consider basic human nature, curiosity, behavior, and desire.

12. IF YOU COULD PLAY ANY INSTRUMENT, WHAT WOULD IT BE?
The piano would be nice, but let’s face it; you don't need to know how to play ANY instrument these days to be labeled "musically talented"

13. FAVORITE COLORS?
Black

14.Which do YOU PREFER, SPORTS CAR OR SUV?
I'll take the Toyota Highlander Hybrid SUV that gets 600mi per tank

15. DO YOU BELIEVE IN AFTERLIFE?
no

16. FAVORITE CHILDREN’S BOOKS?
Never read any Harry Potter... and I can't remember much else back that far

17. WHAT IS YOUR FAVORITE SEASON?
Winter... it's cold and I like it that way. I also enjoy the skiing afforded by the cold winter precipitation some might call SNOW.

18. IF YOU COULD HAVE ONE SUPER POWER, WHAT WOULD IT BE?
Telepathy

19. IF YOU HAVE A TATTOO, WHAT IS IT?
I don't ... and I'm really not into the whole permanent thing... plus I don't want to get old and watch it droop… Nevermind the fact that I have bad taste and would probably select something truly awful.

20. CAN YOU JUGGLE?
tried, couldn't , stopped trying

21. THE ONE PERSON FROM YOUR PAST YOU WISH YOU COULD GO BACK AND TALK TO there aren't many people from MY past that I couldn't go back and talk to... so I guess I desire nothing in this regard. I said what I had to say to all those who have passed.

22. WHAT IS YOUR FAVORITE DAY?
February 29th? --- it stays away most of the time and doesn't bother me a whole lot

23. WHAT’S IN THE TRUNK OF YOUR CAR?
Jumper Cables, a Broken Printer, a Laundry Basket, a Plank of wood, a Disco Ball, and Dick Cheney

24. WHICH DO YOU PREFER, SUSHI OR A HAMBURGER?
I'm allergic to many kinds of seafood therefore I pick Hamburger

25. FROM THE PEOPLE YOU WILL EMAIL THIS TO, WHO’S MOST LIKELY TO RESPOND FIRST?
I'm not really e-mailing... I'm posting... Blog posting...as for my answer... BORED PEOPLE!

26. WHO’S LEAST LIKELY TO RESPOND?
People who can't afford to take a break from life

27. WHO DID YOU RECEIVE THIS FROM?
Andrew demanded my compliance

28. WHAT IS YOUR FAVORITE CARTOON
Family Guy, Simpsons, Space Ghost, Duckman, South Park (does that count... its construction paper)... ugh... that's all I can think of right now

29. WHAT BOOK ARE YOU READING RIGHT NOW?
Intuit Track-It 6.0 - Administrators Guide and trying to finish Preacher

30. WHAT WERE YOU FOR HALLOWEEN?
A Priest

31. IF YOU COULD BE ANY ANIMAL, WHAT WOULD YOU BE, AND WHY?
An un-neutered dog... sleep all day, get backrups... and every now and then my owners would find me a bitch to shag. They'd also have to be generous on the table scraps.