27.2.06
15.2.06
Class action suit against Apple...
~From eHomeUpgrade
With all the hoopla of the video iPod and speculation that Apple was going to release a media center-style PC and switch to Intel chips, it seems that the media last September inadvertently β or knowingly β forgot to post the news (via Tera Patricks) that Judge James Ware, of the U.S. District Court of Northern California, has found the plaintiff, Thomas Slattery, as having "met all requirements for asserting [Apple's iTunes + iPod] tying claim... noting that the complaint alleges Apple has an 80 percent share of the market for legal digital music files and more than 90 percent of the market for portable hard-drive digital music players." Moreover, Judge Ware has given the green light to Slattery to proceed with his monopolization claim under the federal Sherman Antitrust Act.
As some of you know we've been having some thoughtful discussions on Apple, iPod, and its DRM in the forums (here and here), but I don't think any of us knew that the numbers were as high as the judge found the evidence to be. Also of interest was that Judge Ware specifically rejected Apple's argument that tying doesn't apply since consumers can buy iTunes music for playback on their computers without having to own an iPod. I'm sure some will say that this is not a monopoly, but ask yourself: What other online music services, other than the iTunes Music Store, offers Apple's Fairplay DRM wrapped music for you to purchase for your iPod? That's right, exactly zero. So unless you own a physical CD and have ripped the tracks to MP3 or AAC, there's no other way to add music to the device other than by way of iTunes. (OK, there are two non-traditional exceptions: 1) Services like eMusic that sell DRM-free MP3s, and 2) Real's Harmony software that can convert their copy protected music to a compatible format for the iPod β Note that Apple threatened Real with a lawsuit for providing this feature.)
On the flipside, if you've purchase DRM wrapped music from services like Napster or Yahoo! Music, you will be denied access to those files since Apple doesn't feel compelled to license Windows Media DRM (not that Microsoft hasn't offered). So you see, being the leader of "closed system," even if you're a small company, can get you into trouble when you have the majority of the market locked down and are unwilling to loosen your restrictions on allowing your player to work with other services and codecs.
8.2.06
Final Inking...
Finally finished with my paint job. I really can't do much more. I had the nice tribal flames but honestly with the Kanji it just didnt feel right. It was like having import graphics plastered all over a classic muscle car. Just a conflict of cultures and design. So I wiped the flames off... (long story how that came about) and decided to go for something a bit more Manga/Anime. Ass you can see the result came out quite nice. I really did like the flames but honestly I dont think they would have looked right unless I were to maybe reflect the flames and have them go towards each other. I got the Samurai from the Animatrix episode, Program. Out of the nine Animatrix episodes, Program is the closest to resembling typical anime. Not to downplay the other works though because they were all great pieces of work. I just like the style of anime that takes on the fuedal period of Japan, with Shoguns and Samurai. In the same way that the medieval Europe is iconified through stories like King Authur and the Knights of the Roundtable, I like the contemporary depictions of pre-Tokugawa Japan with conflicting Shogunates and clans. One of my favorite animes is Ninja Scroll. Extremely graphic in its content and beautifully drawn and inked, it is a moving painting with such detail and fluidity. Anway, I went with the depiction of Duo from Program because it was a very stark image with alot of color and is very bold.
7.2.06
You and Me...
What day is it
And in what month
This clock never seemed so alive
I can't keep up and I can't back down
I've been losing so much time
Cause it's you and me and all of the people
With nothing to do, nothing to lose
And it's you and me and all of the people and
I don't know why I can't keep my eyes off of you
All of the things that I want to say
Just aren't coming out right
I'm tripping on words, you got my head spinning
I don't know where to go from here
Cause it's you and me and all of the people
With nothing to do, nothing to prove
And it's you and me and all of the people and
I don't know why I can't keep my eyes off you
Something about you now
I can't quite figure out
Everything she does is beautiful
Everything she does is right
Cause it's you and me and all of the people
With nothing to do, nothing to lose
And it's you and me and all of the people and
I don't know why I can't keep my eyes off of
You and me and all of the people
With nothing to do, nothing to prove and
It's you and me and all of the people and
I don't know why I can't keep my eyes off of you
What day is it
And in what month
This clock never seemed so alive
6.2.06
Inking is interesting
Well as some of the previous posts from January show I had done some artistic work to my laptop to try and make it stand out. I had the Japanese Kanji characters for Love & Anna on one side of my laptop lid and then on the opposite side I had some sweet looking tribal flames. Minor problem with this was a conflict of style. The Japanese calligraphy heralded back to the Meiji period of
3.2.06
Final Inking...
1.2.06
Sickness grips me..
A cage of illness of which its depth I cannot gauge
Sickness is a weakness that leechs at a person's soul
Not dooming them to hell, but to a shallow hole
When one is sick they cannot do much but wait
And cause of the sickness within them grows hate
Hate not towards people but upon oneself
Cause it brings our mortality in contrast unlike an elf
When one is sick they are buried within blankets
Blankets that force a person to sleep submit
For when one sleeps they are caught within the throes
Of an epic battle that goes on within them from toes to nose
The infection that taints the body invades and destroys
It blocks the person from enjoying life
Just reducing them into strife
But I will get bettter it just takes time
I know that eventually I will be fine