Wednesday, March 23, 2005

Product Branding & Crack

By the way, I, and the rest of my law school, was on Spring Break last week. Not that that alone explains the lack of posting but I'm sure it contributed to my laisez faire attitude. Or maybe that should be 'lazy attitude.' Pretty similar in this context. This has nothing to do with the topic of this post, however. ~//~

Yesterday when I purchased my two Snapples from the bookstore, I had a very brief, very minor, nonexistent crisis. I opened one of the plastic bottles (no glass, ugh) of Peach Diet Snapple and had a horrible moment of uncertainty where it tasted somewhat funny. In hindsight, I attribute this to my week of nonconsumption, leading to the temporary amnesia of my taste buds. At the time, I took it to mean that I'd purchased the dreadful NON-DIET version of this Snapple flavor.

You have no idea how far my hopes and dreams fell in that instant. I am an avid drinker of diet sodas and drinks having been raised on such beverages. To inadvertently purchase and subsequently be forced to consume a non-diet Snapple of my favorite flavor is tantamount to drinking light beer. You just don't do it.

So there am I, holding one open bottle in my hand, wondering where my life went wrong to lead me to this aweful state of affairs. Being the practical person I sometimes am, the thought flits through my mind that perhaps I can exchange the unopened bottle for one of the correct denomination. So I walk back down the hall to the bookstore and its refrigerated case to see if they have the appropriate beverage.

At first, I glance inside to the row from which I took the two bottles. I then look elsewhere for the Peach Diet Snapple, as it would appear based on my knowledge of its label design and coloring. My eyes are continually drawn back to the row I used as my mind slowly catches up with my eyes.

Without even realizing it and without actually reading the label, I had procured the correct beverage based solely on my inherent knowledge of the bottle's label design and coloring. Completely on autopilot, I had instinctually reached to the row that I knew should contain the Peach Diet Snapple and took two bottles that displayed the correct label style and colors. 'Lo and behold, they turned out to be the correct drink.

It was at this point that I wanted to smack my forehead and shake my head in insipid disbelief.

How could I not trust that I would instinctually choose and purchase the correct beverage? How could I not believe that in my 25.96 years on this planet, I have now developed to the point where I can and will purchase the beverage which I prefer to consume?

The other thought that ran through my head was to remark on how strong Snapple's product branding is. Without even consciously thinking, I simply selected my beverage of choice based on my unconscious perception of its label. Not solid, some white, peach-colored outline. Period.

That's some strong product branding.

After having written this, now I'm thirsty for some Peach Diet Snapple. Mmmm... Diet Peach Snapple, Diet Coke and the occasional bottle of Stop & Shop Diet Root Beer are all the crack I need in this world. Okay, all the beverage crack. I mean, a guy still needs.. computer games, right?

Thursday, March 17, 2005

Happy St. Patrick's Day!

Don't forget to check out today's new Google Doodle.

I shall be spending much of today firmly ensconced at the local pub with a friend or two. If you're in Hartford and feel like it, stop by the Half Door on Sisson Ave. and say hello. I'll be wearing a Rusted Root t-shirt. Else, enjoy a green day! Cheers!~

Friday, March 11, 2005

Mental Note

Because my e-mail account is nearly locked out (I can still receive though not send), a mental note (or, more accurately, a citation) for my Copyright paper on the Music Industry: 17 Harv. J.L. & Tech. 1 (2003).

Just in case..

..anyone was wondering about that copyright question I posed last week ("Does knowingly linking to an infringing web page without identifying the work or its author (still) count as[/for] contributory liability?"), I found a law review article directly on point. Stacey L. Dogan, INFRINGEMENT ONCE REMOVED: THE PERILS OF HYPERLINKING TO INFRINGING CONTENT, 87 Iowa L. Rev. 829 (2002). Looks like she argues for a case-by-case determination. If that were the response, I hope that by not explicitly mentioning the work I am either mitigating, ameliorating or vaporizing any liability I incur in providing the link. So there.

ADDENDUM: Because my e-mail account is nearly locked out (I can still receive though not send), a mental note (or, more accurately, a citation) for my Copyright paper on the Music Industry: 17 Harv. J.L. & Tech. 1 (2003). [1:16 PM]

Wednesday, March 09, 2005

Please pass the snow.

Yesterday:

10:30am - Arrive at school, go in library. Damp outside, had been raining. 40 degrees.
11:15am - Exit library. Notice that blizzard had set in and temperature had dropped.

We got at least 2 inches if not a bit more.

This morning, the temp. outside is 13 degrees. 13!!!!! In 24 hours, the temperature has dropped ABOUT 30 DEGREES!!! New England Winters Stink! (And yet, I like New England and will hopefully remain here. I think most if not all New Englanders retain some small element of masochism. Why else would one suffer the lengthy, cold, snow-ridden, angst-filled winters that we do?)

Tuesday, March 08, 2005

Goddamnit

It's bad enough that I'm having trouble falling asleep for the 2nd night in a row but for Blizzard and World of Warcraft to be so friggin' buggy that I can't play my game while I'm unable to sleep, that's just mean.

I suspect that my lack of nighttime sleeping is due to my afternoon/evening naps. For the second day in a row, I took a 2-hour nap. I think that screwed up my sleep pattern.

Of course that's not going to help me be ready for my Copyright Seminar presentation later today. ::sigh:: I never make things easy. Always the hard route. Aargh.

Sunday, March 06, 2005

AMC's Shootout

I just finished watching Sunday Morning Shootout on AMC (Sundays at 11am). This morning they had directors Michael Mann and Brian Singer on, talking about movies and movie productions. Fascinating show. Fun to watch and very informative. The important piece from this one? Brian Singer is directing the next Superman movie (shooting in Australia) which stars some relative unknown who's done soap opera work. Good to know.

Saturday, March 05, 2005

A Little Clarification

Yeah, so last night I met up with "O" and her ex-fiancee (twice removed, once broken off a while ago, once broken off recently) at the local martini bar at around 11:30 pm. Seeing as I was behind, I endeavored to catch up (so to speak) with 2.5 martinis within about an hour. Mind you these were pretty strong martinis. Let's say *damn* strong martinis. After that hour, I was incredibly drunk off my ass. So drunk that I ran. Why did I run? Because it was to the point where I was almost sick. When I got back to my apt., I spent 30-60 min. at the porcelain deciding not to throw up. Then, somehow (because I wasn't very lucid at the time), I decided not to pass out on the floor of my bathroom but rather on the couch. Quite a short night.

Wow. I haven't been that drunk in soooooo long. It's been a while. Like a LONG while. Maybe 4-8 months since I've done that much drinking to engender that much of a response. Currently I am unable to fall asleep again in my bed. So I'll stay awake and guzzle some much-needed H2O in the hopes of salvaging the day and getting some work done.

Minor footnote. Last night, before I left the apt., I won the roll on my first epic item in World of Warcraft, the Myrmidon's Signet. Woot!

ADDENDUM: A clarification to the clarification. 3 of us hung out last night. Her, me and her ex-fiancee-of-twice. So I finally got to meet him. Que interesant (sp.). Oh, hangovers are a bitch. [11:15 AM]

The Post You Might Have Gotten On Friday

I'm so drunk now that some of this may not make sense. I spoke with "o" *from old post (not yet linked) last Friday. Tonight I met up with her & her ex-fiancee of twice. (Heavy editing to make it legible abounds.) So I ditched and ran after 2.5 martinis 'cause i WAS drunk beyond belief. ThoughtS? Insights? Good lord, I could use some.

Thursday, March 03, 2005

Point C

I was about to write how much Point Pleasant had changed since last I saw it a few weeks ago. That it looked like they'd picked up the lead star from the O.C. And also that there now appeared to be a highly attractive lesbian couple. Then I pulled up Fox's homepage and discovered that, lo and behold, I have The O.C. on and not Point Pleasant. The TV Guide lies to me! (Though it's hard to argue with an attractive lesbian couple.) Hmmm... Should I be watching this series?

Unfortunately I won't be watching the entire episode. I'm headed to City Steam with some friends for a law school/med school/dental school mixer. I'm dubious as to whether it will be fun (per se) though it will be nice to hang with friends.

Wednesday, March 02, 2005

Are you practical or ruthless? (Or both?)

A recurring theme in the book I'm reading (the vampire pr0n) revolves around the nondistinction between practicality and ruthlessness. The main character repeatedly refers to herself, and others, using either of those adjectives, often in place of the other.

This begs the question: Does or can practicality engender ruthlessness and vice versa?

I agree with the author for the most part (if not in total). Practicality can often merit or require a certain ruthlessness. Being able to place the good of the majority above the good of the individual or fewer is or can be a positive attribute. This can and will lead to ruthlessness being a corequisite at times. This holds true especially for a (enlightened) dictatorship wherein the head of state is required to make decisions that will necessarily hurt some while still providing for the (perceived) best welfare of the state. Of course all of this is greatly subject to exploitation and abuse if without checks and balances.

The reverse is not always true, though. Ruthlessness less often equates to practicality, largely because we are human. People are imperfect. Less often will our harshness be the result of a desire for the greater good.

Even there, however, I can't help but think of examples. The biggest ones, in my opinion, are the various and multifarious (love that word) wars and crusades. Since the dawn of mankind (another wonderful phrase), man has warred based on his convictions that his actions were in response to a desire to effect change for the better good of all. In hindsight, rarely have these motivations stood the test and usually only in response to success and victory. The loser is rarely lauded as having "fought the good fight" for the good reasons. Hence, the losers are often tainted by their loss, their reasoning and basis for fighting subsequently considered as "bad" or distasteful. Sometimes the winners' motivations are considered equally horrendous but this is much rarer and far less prevalent. Either way, the ruthlessness of man as a fundamental is unarguable. (Or at least unarguable in my opinion.)

As a brief aside, this reminds me of a discussion in my Global Insights class in 10th grade. The teacher opened the Fascism section with a question. "What is fascism?" His answer was so poignant as to be memorable. "Fascism is human nature." That is exactly what I am saying here.

The above paragraph on historical wars and winners and losers is by way of an example that ruthlessness, especially in a war context, does not necessarily equate, especially in hindsight, to practicality.

A dovetail to this is the good/bad distinction. If we can accept that the ruthlessness employed by some historical figures, winners and losers, was in response to a desire to effect perceived positive change, then we can attempt to divorce the good/bad attribute from the figure. Why should one figure be considered bad or evil for trying to effect what he or she perceived to be a positive, beneficial change? Good and bad are subjective labels placed on these figures based on current evaluations of societal norms and convictions. If that is so, then perhaps, based on the motivations of the figures, they are not inherently good or bad/"evil". Ruthlessness, especially as considered in hindsight with regards to "evil" historical figures, is not a valid basis for the subjective consideration of a figure being good or bad.

I suppose the exception to the above statement or, more accurately, the caveat is that this holds true only when the motivation involves the desire to attain a perceived better result. That is, when one's actions are undertaken in pursuit of the perceived "greater good." If one's actions are motivated by spite, anger, madness or some other discernible motivation, the argument may not hold. Perhaps in the face of such other subjective motivations, a subjective determination is fitting and just.

For the record, I have a few particular "evil" historical figures in mind but I would rather not identify them or discuss them specifically. I do not necessarily agree with the figures and would rather not associate myself with supporting any of them. If I speak in generalities, perhaps my argument can be considered without the coloration of subjective beliefs relating to specific figures. That is, pick your favorite "evil" historical figure and apply my argument. See where it goes.

N.B. Apparently ctl+s equates to "publish post." Interesting.

I started off with practicality/ruthlessness and ended with good/bad not being so. Two distinct arguments that are nonetheless related. One of the reasons I enjoy discussing these arguments is that I consider myself to be rather practical. I honestly believe that I have the capacity, even if not yet acted upon, for ruthlessness or harshness based on a perceived desire to effect a change for "the better good." That belief in myself can both be noble and aweful. Noble in that self-sacrifice can be a result. Aweful in that knowledgeable sacrifice of others can be a result. It cuts both ways. But either way, perceived practicality reigns supreme, a philosophy for which I have a great affinity. Hence my presentation of the above arguments and my support thereof.

"When a romantic tries to do a good thing and fails, they give him a medal. When
a pragmatist succeeds, they wish him in hell." -- Stephen King, "Quitters, Inc."

Tuesday, March 01, 2005

Misc Collection

The non-annotated ones courtesy of Boing Boing.

SciFi.com offers free Battlestar Galactica download - first episode, without commercials, uncut and with deleted scenes.

Sacrelicious Spiderman Bible stories - for my Superhero copyright paper (forthcoming).

Beatles/Batman mashup - "To the Taxman," a mashup that "combines the Batman theme, the Beatle's Taxman, the Safari's Wipeout, and Interpol's PDA."

Molecular Expressions - "featuring our acclaimed photo galleries that explore the fascinating world of optical microscopy. We are going where no microscope has gone before by offering one of the Web's largest collections of color photographs taken through an optical microscope (commonly referred to as "photo-micro-graphs")."

Zen of Design - Thottbot: Ambrosia for the Impatient - okay, it's a World of Warcraft thing but the discussion is good.

The Volokh Conspiracy: The Law Review Article Submission process.

The Volokh Conspiracy: Save Arrested Development!

The Volokh Conspiracy: Bobby Fischer Will Go To Iceland.

Notes from the (Legal) Underground: Was This Law-Student Weblogger Caught Stealing?

Cold-War-Era KGB Guide to London

Boing Boing: KGB Guide to London released by MI5.

Ways To Get Called On In Class

This Boing Boing post nearly had me laughing out loud in Fed. Tax. I sooooo want to do this on my own. Or maybe it'd be fun to try and haggle with the toll booth operators. Just a thought.

"Of shoes, and ships, and sealing wax, of cabbages and kings, and why the sea is boiling hot, and whether pigs have wings." (And of Vampire Porn)

I'm currently reading Narcissus in Chains by Laurell K. Hamilton. It's around no. 6 or 7 in the Anita Blake Series. I've had an acquaintance refer to previous books in the series as "vampire porn." I argued against that moniker for about 2 minutes before jokingly adopting it. None of the previous books quite reached that honorific. However, the current book definitely merits such an award. And yet, it's the best book in the series yet. Not due to the increasing frequency of "steamy scenes" (okay, not exclusively owing to that factor) but rather because the character interactions have taken on so much more depth, meaning and analysis. It's positively fascinating! (But it's still vampire pr0n. Well-written vampire pr0n.)

A Deep, Philisophical Copyright Question

Which is neither philisophical nor deep though it is mired in copyright.

Does knowingly linking to an infringing web page without identifying the work or its author (still) count as contributory liability?

Any thoughts? (Have I now placed myself in an actionable position?)

"Not everything calls for your patented method of shoot first, shoot later, shoot some more, then, once everyone's dead, ask some questions."

A [philisophical] kewpie doll for the movie & character name so referenced in the title.

[Senseless introductory paragraph about searching for a post topic hereby deleted.]

It's kind of scary to think that I graduate from law school in about 3 months and I have no clue what I'm doing next beyond taking the Bar (NY & CT if you're curious). I suppose my dream job would be to find some lawerly position with a comic book or action figure company. Next from that would be working for an Intellectual Property firm in Connecticut, New York or the Tri-State Area (NY, NJ, CT). Beyond that, I'm thinking any litigation department. And beyond that, any job that pays decently. And beyond that, a job period.

I'd prefer a job that pays fairly well. Not just so I can get a new computer and buy DVDs at whim again, though those are pretty strong motivations for me. No, I'd also like that so I can begin paying off my long-standing credit card bills and get my financial status in order. My mom's been helping me a lot while I've been in school but it would be nice outstanding to "finally" or at least more completely emancipate myself. Severing the financial tie would.. well, it would be.. good.

Of course, entering the work force for real as it were, i.e. knowing it to be a non-temporary entrance per se, is infinitely scary in and of its own right. To think that I now need to find a "real" job and earn money so I can go on and "live." A little imposing.

Add in some more long-term goals. Things like: "Gee, it's about time I got in shape and exercised." Or my personal favorite: "Yeah, I should really be a bit more proactive about finding a girl." I'm not too sure what the latter means other than getting out a bit more often or, perhaps, resorting to online personals and such. Basically, I need to go out on some dates. My total "date" count for law school (i.e. the past 3 years) is pretty low. Like a single digit. Like two dates total, one of which, granted, turned into a 5-week thing. Not to say there haven't been interests but I distinguish them from dates as the latter are a clear, irrevocable indication of a conscious desire to potentially move things forward. (Gotta love lawyer-speak sometimes.)

There are probably some more long-term things in my mind. Or some short-term things influenced or affected by long-term ones. Things like: "Am I going to keep my apt. for another year?" Or: "I really don't want to move owing to the substantial amount of crap I have crammed in my apt."

I suppose that's a lot of things to think about in excess of immediate & law school related concerns but it's no more or less than a lot fo other people. So, y'know, big whoop. It'll get sorted out eventually, if not by forward progress then by my own lackadaisical non-doing.

I suppose some of this post could be taken to infer that I'm scared shitless by some of this. And the funny thing is I am. Not outwardly. I'm my normal, usual self (inasmuch as I'm ever my normal, usual self) but a lot fo these issues have their claws sunk in my, ummm.. organs? Intestines? Cerebral cortex? Tough to pinpoint the exact locale. But I do know they weigh on me and I will have to address them.

But I will likely address them after I get some of my 4 papers sorted out. 'Cause those are requisites for my graduation. And I think I've pooched the deal (if that is the correct idiom) for one of them. ::Le sigh:: From the frying pan into the oven. Or vice versa.

Tuesday Night Fever

No, I haven't seen the movie to which I refer. (Not yet that is.)

I'm sitting in Fed. Tax for the first time in 3 weeks. (i.e. I "missed" the previous 2 classes of this subject.) As such, and owing to the self-evident internet connection, you can expect at least one substantive post in follow up to this one. I'm going to try and write something substantive and moderately original. Maybe I'll follow up the follow up with a story but I'd like something moderately philisophical or such. Because I'm like that.

Other things "to eventually do" on the blog front:
  • Hitch Movie Review

  • Constantine Movie Review

  • Cursed Movie Review

  • Update links section based on 2005 posts.

  • Update Movie Reviews Master List based on same.

  • Update Top Ten Lists Master List based on same.

  • Update AtGS Master List based on same.

No expected completion date. I have a presentation to work on for next Tues. and papers I *really* should do something about. Let's just say it's starting to get ugly. Or already is ugly. Or is about to get uglier. Or is getting uglier as I type. Or... "Let me summarize the summary." It ain't lookin' good.

And a (philisophical) kewpie doll to the first one who comments with the correct movie reference for the quote. (Include character name too for an additional [philisophical] kewpie doll.)

ADDENDUM: My World of Warcraft Paladin hit level 60 (the highest/last level) last night, sometime in the wee hours of the a.m. He's at 281 Swordsmithing. Not sure what I'll do now. Maybe more raids, maybe work on my now-22 (23?) Warlock. Need to check what his /played time is. My Mana Mentalist in Dark Age of Camelot took ~24 days to hit level 50. Wonder what it took this guy. [6:54 P.M.]