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:: Thomas Penton :: May 3 :: Cleveland


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U.S. Court Upholds Beastie Boys' Musical Sampling

Tue Nov 9, 5:03 PM ET Entertainment - Reuters

SAN FRANCISCO (Reuters) - A U.S. appeals court has handed a victory to pioneering punk-rap group the Beastie Boys in a dispute over the growing musical practice of sampling, in which recording artists incorporate snippets of other songs into their own work.

Reuters Photo

The 9th U.S. Circuit Court of Appeals (news - web sites) declined on Tuesday to reconsider its decision last year allowing the group to use a six-second segment of music from jazz flutist James Newton's 1978 composition "Choir."

A three-judge panel of the court held in 2003 that the band had abided by copyright protections by paying a license fee for a sample of Newton's recording and therefore did not have to pay an additional fee to license the underlying composition.

That finding upheld a lower-court dismissal of the case in favor of the Beastie Boys, and the 9th Circuit on Tuesday refused to reconsider its ruling before a larger 11-judge panel.

"We hold that Beastie Boys' use of a brief segment of that composition, consisting of three notes separated by a half-step over a background C note, is not sufficient to sustain a claim for infringement of Newton's copyright," Chief Judge Mary Schroeder wrote in her opinion.

The Beastie Boys used the sample in their song "Pass the Mic" on their 1992 album "Check Your Head."

Representatives for Newton and the Beastie Boys were not immediately available for comment.

The Beastie Boys helped spark the modern sampling trend in popular music with the 1989 album "Paul's Boutique," which incorporated bits of music from sources as diverse as Johnny Cash, Bob Marley and the Beatles to create new music. Sampling has since become a staple of many artists, especially in the rap and hip-hop genres.

The Beastie Boys have also emerged as leading advocates of a new approach to licensing known as the Creative Commons, in which artists record songs that listeners are invited to "rip, sample, mash and share" over file-sharing online networks like Kazaa or borrow to create their own compositions.

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GK is not doing anythingthis weekend. i could get him comped to sander and he's not going. everyone should call him and make sure he's not doing anything save watching movies/tele/footie matches. his #, in case you don't have it is: 646.iam.nofun.

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he said that he took the larry to increase his sexual performance. ???

anyway, speaking of kinky romanians:

*************************

Romanian Judge Said to Be in Adult Film

Wed Nov 10, 9:44 AM ET Europe - AP

BUCHAREST, Romania - A Romanian judge on Wednesday resigned after being accused of starring in an X-rated video, officials said.

Simona Lungu, 36, a judge at the Bucharest Tribunal, was investigated by judicial authorities over allegations that she acted in an adult video that was sold in Denmark.

Lungu denied it was her in the movie and asked the Forensic Institute, a state crime lab, to help her clear her name by taking photos of her and comparing them to the video.

Instead, the institute concluded it was her in the video.

Lungu contested the institute's findings and asked members of the Superior Council for Magistrates, which oversees judges, to clear her name, but they refused.

The council voted on Wednesday to accept her resignation from the bench, said Justice Minister Cristian Diaconescu.

"The debates in the case are over," he said after the council's meeting.

The scandal led to the resignation of the head of the council, Dan Lupascu, who said he was unfairly accused by other council members of committing errors in investigating Lungu's case.

Lupascu withdrew his resignation Wednesday, after Diaconescu asked him to reconsider his decision, private news agency Mediafax reported.

The story has run in Romanian newspapers for the past few weeks, with images from the movie "Secrets of Seduction," printed next to photos of the judge.

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ewww . . . .

A Liquid Thanksgiving: Turkey in the Straw

Tue Nov 9, 9:12 AM ET Oddly Enough - Reuters

SEATTLE (Reuters) - Seconds, anyone?

After the startling success of its turkey and gravy-flavored soda during last year's U.S. holiday season, a Seattle soda company will be serving up green beans and casserole, mashed potatoes, fruitcake and cranberry flavors.

"Last year, the response to our Turkey and Gravy Soda was overwhelming, but we really didn't have side dishes to go with it," Peter van Stolk, chief executive of specialty soda maker Jones Soda Co., said on Monday.

The tan-colored turkey and gravy-flavored soda sold out last year in three hours after it was offered on the Web and later fetched prices over $100 on eBay Inc.

This year, Jones Soda is offering the turkey and gravy sodas as a set in 15,000 "holiday packs" for $16 each, complete with utensils.

Thanksgiving, a U.S. holiday which falls on the fourth Thursday of November, typically features a dinner with turkey, gravy and other condiments. "The average consumer doesn't have the time to prepare a full turkey meal," van Stolk quipped.

Particularly noteworthy on the menu is the green beans and casserole soda, van Stolk said, adding, "We're proud that we accented this dish with fried onions."

The pack was available nationwide at limited retail locations, including Target Corp. stores, beginning on Monday.

The new flavors are in addition to the company's traditional flavors: green apple, bubblegum and crushed melon.

capt.watw10211082023.weird_soda_watw102.jpg

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ewww . . . .

A Liquid Thanksgiving: Turkey in the Straw

Tue Nov 9, 9:12 AM ET Oddly Enough - Reuters

SEATTLE (Reuters) - Seconds, anyone?

After the startling success of its turkey and gravy-flavored soda during last year's U.S. holiday season, a Seattle soda company will be serving up green beans and casserole, mashed potatoes, fruitcake and cranberry flavors.

"Last year, the response to our Turkey and Gravy Soda was overwhelming, but we really didn't have side dishes to go with it," Peter van Stolk, chief executive of specialty soda maker Jones Soda Co., said on Monday.

The tan-colored turkey and gravy-flavored soda sold out last year in three hours after it was offered on the Web and later fetched prices over $100 on eBay Inc.

This year, Jones Soda is offering the turkey and gravy sodas as a set in 15,000 "holiday packs" for $16 each, complete with utensils.

Thanksgiving, a U.S. holiday which falls on the fourth Thursday of November, typically features a dinner with turkey, gravy and other condiments. "The average consumer doesn't have the time to prepare a full turkey meal," van Stolk quipped.

Particularly noteworthy on the menu is the green beans and casserole soda, van Stolk said, adding, "We're proud that we accented this dish with fried onions."

The pack was available nationwide at limited retail locations, including Target Corp. stores, beginning on Monday.

The new flavors are in addition to the company's traditional flavors: green apple, bubblegum and crushed melon.

capt.watw10211082023.weird_soda_watw102.jpg

:pint: = :vomit2:

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