Awesome: GOP rocks out to … “Barracuda”; Update: Cease and desist letter sent!
posted at 12:09 am on September 5, 2008 by Allahpundit
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I was going to save it for morning but it’s simply too sweet. Listen for the cheers at the beginning as the crowd recognizes the track. Exit question: When do the Wilson sisters file the copyright suit? Tomorrow or next week?
Update: Correct answer: Tonight!
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Screw ‘em. Pay up and play it. It was energizing.
mimi1220 on September 5, 2008 at 3:52 AM
meh…Ann Wilson is 58 now. She can keep her precious moldy oldies from the ’70’s. The future VP is 44 and can use something more contemporary.
Now that would be cool even if it is old. :-) Doesn’t exactly fit her new image though.
Django on September 5, 2008 at 3:55 AM
:lol Now no Republican will want to have anything to do
with this song knowing who is behind it. That band has very
little appeal to me…. get somebody who is cooler and sounds
better.
dec5 on September 5, 2008 at 4:00 AM
You speak for all Republicans. Not.
The Race Card on September 5, 2008 at 4:08 AM
How do we find out who their advertisers are, other than by buying that rag? I will call every one I can and tell them that I, too, will boycott their products over this. Nothing speaks as loud as the almighty dollar, no matter how weak we are led to believe it is.
LickyLicky on September 5, 2008 at 4:13 AM
Ha!
I was singing this in my head as I was working last night.
Poor substitute for seeing The Speech live.
silverfox on September 5, 2008 at 4:30 AM
Looks like they even requested the song not be used prior to it’s use.
Guess the GOP isn’t too worried about it.
JetBoy on September 5, 2008 at 4:32 AM
:lol You definitely don’t speak for me…
Heh….
Music is an emotional thing…it gives you a good feeling when you associate it with a fond memory or relationship.
This news kinda reaction by the band rips all the fun out of the song….at least for Republicans who wanted to think of
Palin when they play this song. ;) Thanks goodness there are
other bands out there. Like Five for fighting. From what I understand, some members in the band like Republican values.
;)
dec5 on September 5, 2008 at 4:43 AM
Heart can have their song and I’ll never think well of them again…
Kaptain Amerika on September 5, 2008 at 4:56 AM
I know it shouldn’t, but, this stuff always makes me really sad. Here we are, suffering from lack of, shall we say, coolness factor while the left has no shortage of artists willing to sell their first born to write original songs for their events. Yet, when the RNC simply plays a classic song everyone has heard a million times, they get slapped. It just seems like the worst kind of silly pettiness on the left and embarrassment for the right…
…I guess the RNC can only really use original works by Military Vet bands (no offense, you all!) or a lot of country music. Sigh.
Mommypundit on September 5, 2008 at 5:13 AM
I’m glad to be free from the responsibility of speaking for you. I hope whomever you choose serves you well.
I’ve been to hundreds of concerts; I love music. It’s for that reason that I choose to respect artists’ rights to their own intellectual property.
Furthermore it is the responsibility of the IP owner to protect their intellectual property. Not doing so weakens their rights…theoretically.
Grow up. It’s an oft-repeated mistake by the McCain team. It’s a distraction.
More importantly the US Constitution details your rights to your own works. Our future POTUS should not be so cavalier with citizens’ rights.
soapbox dismount//
The Race Card on September 5, 2008 at 5:16 AM
I believe you can play a song you own pretty much whenever you want to. If you’re not copying, or selling a song, too bad so sad, it’s yours to play over and over. And you can turn it up.
Ann and Nancy can go back to their bag of Cheetos and put on another fifty pounds. Proof that libs, no matter how financially successful, are total mental losers.
Squiggy on September 5, 2008 at 5:36 AM
We dont need no stinkin’ 80s retread by some stinkin’ lefty slimeballs for our SarahCuda….
Lets have someone write a NEW ROCKIN’ song for the ‘Cuda!!!
Always Right on September 5, 2008 at 6:07 AM
I believe that if the Republicans pay a minimal fee (a few dollars to ASCAP), they can play any song they want to at a live event and the artists can’t do anything about it. The rules are different for using it in an ad. But a live performance, Heart can’t stop it.
fleiter on September 5, 2008 at 6:17 AM
I hear ya, but you may be missing the point. The 45-64 age group has been the mostly likely to vote for a long time. That means this song was a hit during the teenage or early-20’s of the largest and most consistant voting block. That is what is behind these 20-30 year old song selections at every convention (remember “Don’t Stop Thinking About Tomorrow” by Fleetwood Mac at the Dems 2004 convention). Same idea.
Also, do we know for a fact that Heart doesn’t want thier song used by the RNC? I would have figured them for Reagan supporters back in the day (unlike Fleetwood Mac who have “hippie/commie/junkie” stamped all over them).
Waterboy on September 5, 2008 at 6:21 AM
When is the GOP going to learn. Get permission before you play a song in a commercial or on TV. Hey, I’m against the music mafia as much as anyone, but those are the rules. Get with the program.
flytier on September 5, 2008 at 6:23 AM
Screw them. I saw them live last week in Hershey PA, and though Ann Wilson’s voice was good and strong, the band sucked. Packaged between two good bands like Cheap Trick and Journey, who both were good, and they sounded horrible. And Ann looks like she ate her sister. She has to be 300 lbs. minimum.
RWLA on September 5, 2008 at 6:25 AM
Really? How was Cheap Trick? One of my favs. “He’s a Whore” is one of the rockinest songs of all time. Did they play it?
Waterboy on September 5, 2008 at 6:32 AM
Ha. I remember when one of thier first videos came out soon after Ann starting mainlining butter directly into her bloodstream. It was one of the first videos that tried to do the vertical stretchy thing to make her look thinner (they did the same thing soon after with Paula Abdul(sp)). It was like trying to make the Hindenburg look like an ICBM.
Waterboy on September 5, 2008 at 6:35 AM
Also, they is probably the wrong thread (but what the hell), but I would hazard to guess that if they did a poll in a few weeks time, NOBODY would remember any line from either Obama, Biden or even McCain from any speech during this convention EXCEPT the Palin line about “…no seeking the approval of the washington elite”. Classic
Waterboy on September 5, 2008 at 6:37 AM
Okay, so you don’t want people buying your music.
Reall good marketing strategy there ladies, I hope it pays off for you.
Pcoop on September 5, 2008 at 6:48 AM
What kind of drug induced lyrics are these anyway? I think Heart is doing us a favor.
myamphibian on September 5, 2008 at 6:49 AM
Don’t these ladies have to cut the ribbon to a new supermarket or have a used car ad to appear in?
You know what ladies, you should be honored anyone remembers anything that you’ve ever done.
Pcoop on September 5, 2008 at 6:51 AM
Yeah, you look at some of the old Heart vids, Ann is always filmed blurry, mostly head-shots, or she’s behind something, while the slimmer Nancy is filmed full-body.
JetBoy on September 5, 2008 at 6:53 AM
Does anyone else here get tired of the blatant copyright violating done by Republicans?
ninjapirate on September 5, 2008 at 6:56 AM
Cat Scratch Fever ???
tarpon on September 5, 2008 at 7:01 AM
Do it anyway. It’ll piss them off even more, and they’re finally starting to realize that tactic works. Drives them crazy, and makes them look as crazy as they are.
LtE126 on September 5, 2008 at 7:05 AM
I admit I’m getting somewhat weary of people who don’t know what constitutes a copyright violation. Google ASCAP. Google BMI.
Ronnie on September 5, 2008 at 7:05 AM
Is it copyright enfringement if the event is free? (i.e. this isn’t a sporting event charging admission). I believe the convention is free (although invite only, obviously).
Therefore, playing Heart’s music is actually promotion, and Heart should pay the RNC.
Waterboy on September 5, 2008 at 7:06 AM
I’m all for intellectual property but I’m sorry Wilson sisters I can hear your song in my head every time I see Govenor Palin. Hah!
shick on September 5, 2008 at 7:08 AM
Those are not the rules. The GOP didn’t put their music in a commercial or on TV. They played it at a convention. The fact that the news media covered it is irrelevant. The GOP paid the same fees to ASCAP and BMI that radio stations and club owners pay.
Ronnie on September 5, 2008 at 7:08 AM
We don’t follow situational ethics at all. We follow all the rules.
It’s moronic to leave a moral/ethical/legal opening like this. Nobody within the convention or even the candidates themselves thought of this?
Cold Steel on September 5, 2008 at 7:08 AM
There’s a formula for royalty payment that’s based on how many people are at the event.
Ronnie on September 5, 2008 at 7:09 AM
It is amazing that a forgotten band complains about airplay. I just got rid of one MP3 of theirs, and that will remain my policy in the future. If this band of yesterday wants to identify themselves against my candidates, they can remain obscure.
Time for Ted Nugent to write a song with the word “Barracuda” in it.
Hening on September 5, 2008 at 7:10 AM
Isn’t Ozzy a Republican? John McCain could strut to Ironman.
shick on September 5, 2008 at 7:16 AM
Does anyone remember Running on Empty and Jackson Browne in the GOP commercial? Anyway, If Nugent would have played last night, it would have brought the house down. He and Sarahcudda could have talked about the NRA and that would have livened up the party.
flytier on September 5, 2008 at 7:18 AM
Basically, if you pay for the rights to play music in the convention or at a bar or such, you have the right to play it. It doesn’t give you the right to play it in a commercial time and time again, but Heart can’t stop them from playing it if they paid the fees.
They can ask to stop, but they surely can’t sue for copyright violations, because the RNC would have already paid for the rights to play music at the convention with BMI and ASCAP.
They fees do not require you to go get permission from the bad, the fees are based on size of the building and size of the crowd.
Tim Burton on September 5, 2008 at 7:21 AM
Wonder if Ann Wilson still looks like she’ll be popping up on a Jenny Craig commercial day now? Can’t believe someone who looked as hot as she did back in the 70’s let herself turn into the 2nd Coming of Shamu.
pilamaye on September 5, 2008 at 7:23 AM
Right. And you can pay them a flat fee to cover royalties and then play any damned thing you want. Any bar/restaurant owner in the country knows this. ASCAP licenses Barracuda. Assuming some legal beagle had the good sense to buy an ASCAP license, the GOP has done nothing wrong. The Wilsons don’t have to like it. Imagine them going after a nightclub they don’t like and trying to force them not to play the song. That’s about what they’re doing here.
Pablo on September 5, 2008 at 7:24 AM
Really? How was Cheap Trick? One of my favs. “He’s a Whore” is one of the rockinest songs of all time. Did they play it?
CT was really good. They opened the show, and just came out and banged out the hits, closing with “Dream Police” with Jonathan Cain from Journey on keyboards. (I never cared for that song until I heard it that night)
“He’s A Whore” was not included. If they tour near you, go see this show. Just leave for the Heart section. They were terrible.
RWLA on September 5, 2008 at 7:29 AM
Okay, so you don’t want people buying your music.
Reall good marketing strategy there ladies, I hope it pays off for you.
Great point. What would I care where it was played if it could get some people to buy it? But then again, I’m a whore who will do virtually anything for money.
RWLA on September 5, 2008 at 7:31 AM
Damn, I just downloaded that from iTunes this week, and now I’m pissed that Heart got a portion of my 99 cents.
Next you’re going to tell me that Kool and the Gang is suing as well.
Dudley Smith on September 5, 2008 at 7:34 AM
Yeah, I heard they still rock. They will be touring for a long time, even as they get older and older cause, in my opinion, they always had a easy attitude and never took themselves too seriously as far as image, etc. (just looking at Carlos tells you that).
Funny you mention Dream Police. It is really meant to be played live (Budakon, etc), but then that applies to most of thier songs.
Waterboy on September 5, 2008 at 7:37 AM
Someone should compile of list of musicians/bands and thier political affiliations (if any). I believe someone has done something along those lines for Hollywood celebrities, old and new.
I wonder if the skew (to the left) for musicians is similiar than for actor-types?
Waterboy on September 5, 2008 at 7:39 AM
I keep hearing about these “Cease and desist” orders, but unless I am mistaken unless they are making money somehow with the song they can play it all they want at events if they bought the album.
JeffinSac on September 5, 2008 at 7:40 AM
The last time an all female group did this, they disappeared into obscurity.
grapeknutz on September 5, 2008 at 7:41 AM
I loved the comments on the TMZ site. Heh.
Coronagold on September 5, 2008 at 7:41 AM
Who cares. Ann Wilson was something to look at one time. Now you need a wide angle lens to look at her. She should have put some of those profits towards Jenny Craig instead of Golden Corral.
Hog Wild on September 5, 2008 at 7:43 AM
Heart cannot stop the McCain-Palin campaign from using ANY song in a parody.
“Sarah-Cuda” with jabs at Obama would be suitable. I fully expect to hear this tune from Paul Shanklin.
The best part is that the Wilson b!#¢h@$ would get zero dollars in royalties and lose money on lawyers.
Right_of_Attila on September 5, 2008 at 7:46 AM
You would think that they would be happy that someone was playing anything of theirs. Does anyone under the age of 30 know who Heart is?
rightonamerica on September 5, 2008 at 7:48 AM
Wow, y’all sound like a bunch of angry liberals with all of the fat-girl bashing. Stay classy.
sarahk on September 5, 2008 at 7:48 AM
I’m actually curious here: assuming that the GOP convention actually paid their ASCAP and BMI fees, what makes the Wilson sisters think that they have any say over where their music gets played? Sure, it would probably be bad PR to keep farting in their general direction after they ask the GOP to desist, but I don’t believe that they actually have much legal recourse. Maybe you lawyers can help me out here.
Physics Geek on September 5, 2008 at 7:49 AM
The past months while Ed Morrissey introduced us to Gov. Palin, my initial reaction was pleasant towards her, but such a long shot to even hope for. When I saw McCain’s poker face reaction to her name last month when the Press asked him if she was on his list, I “knew” he wouldn’t choose her. Of course, when her name was announced, I felt GREAT. A huge depressive burden was lifted, evaporated. It wasn’t just relief that it wasn’t to be Lieberman. It wasn’t the remarkable “it’s a woman” response. It was PALIN affect, hope and good wishes come to be reality through dedication. She already withstood opposition, and came out the better to pair with McCain. When McCain used “soulmate” to introduce her, I wondered the extent of McCalin. But her buck-up and get the job done right spirit is the All American pride!
It’s as perfect a complementary relationship that could be. And it’s ours.
Palin has already made bonding alliance with Fred Thompson, Guillianni, Huckabee, with all of us rooting from homes across the country. I support Palin, absolutely. God willing, she’ll make an extraordinary Vice Presidential impact.
POLAR EXPRESS TO WASHINGTON D.C.
maverick muse on September 5, 2008 at 7:50 AM
As far as playing that song goes, aren’t there such things as cover bands? Worst comes to worse, just say it was satire. Right?
Coronagold on September 5, 2008 at 7:53 AM
Let me see,I wonder which blog came up
with name SarahCuda,ummm,could it be H/A!!
And,don’t forget the other female music groups,
Pat Benatar,Joan Jett!
canopfor on September 5, 2008 at 7:54 AM
Physics Geek on September 5, 2008 at 7:49 AM
Excellent question!
On the other hand, I say screw ‘em. I grew up with their music and if they want to be that grouchy about it, who needs them? They are irrelevent anymore anyway.
tru2tx on September 5, 2008 at 7:56 AM
Go to Wal-Mart in the middle of the night, bring a notepad and pen, grab a copy, and go sit somewhere. The staff won’t bug you, and you can get the info you want without actually buying the magazine.
Sekhmet on September 5, 2008 at 7:59 AM
It also helps not to be able to think for yourself, and have an IQ of 2 digits.
txdoc on September 5, 2008 at 8:04 AM
Maybe we should try to get a law passed that requires all artists to list on their CD’s, organizations that are not allowed to play it?
pappy on September 5, 2008 at 8:08 AM
I like Heart. Even their last album they put out a couple of years ago was very, very good (although they can;t write lyrics to save their lives). Their Led Zep covers that they do live are better than the originals. Cheap Trick is a novelty band that writes novelty songs for the easily amused. They don’t pretend to be anything else.
Having said that, the Wilson sisters are just being silly and alienating their fans by being so petty. Especially given the provenance of the song itself. They wrote that song to decry the fact that the media was making up rumors that the two of them were gay lovers. Now when another woman comes along who is threatening the patriarchal order in politics and is getting smeared for it like they did as female pioneers in rock and roll it is ironic that they are taking the part of the establishment. Maybe it is because bitter people make the best music but have the ugliest politics?
Also, reading the link, I didn’t see any mention of a lawsuit (though I may have missed it). They asked that the song not be used. They have no basis to do anything else provided fees were paid to ASCAP etc…
Ben Franklen on September 5, 2008 at 8:16 AM
No.
ExTex on September 5, 2008 at 8:23 AM
Any kid with the very popular game Guitar Hero knows well.
shick on September 5, 2008 at 8:29 AM
If the GOP is looking for Lady Rock, they ought to be playing this.
!
Pablo on September 5, 2008 at 8:30 AM
Too late Heart. They played it where it counted now go have a sandwich and squeeze into your spandex for your next oldies concert.
RobCon on September 5, 2008 at 8:30 AM
I
amwas a devoted Heart fan. I saw them last week in Woodstock for the 28th time. Goodbye. I’m keeping the stuff.mymanpotsandpans on September 5, 2008 at 8:34 AM
Hey, if a washed up band wants to alienate fully half of a paltry number of remaining fans and end up like the Dixie Chickens, let ‘em.
fossten on September 5, 2008 at 8:35 AM
Er, yeah, it was called the Black List.
+1
SouthernDem on September 5, 2008 at 8:41 AM
As a Heart fan of 31 years’ standing and a right-winger (four years), I’ve got to say it: Leave Ann and Nancy … Alone! (#1 Billboard, 1985)
mymanpotsandpans on September 5, 2008 at 8:45 AM
I suspect that the RNC subscribes to RIAA or whatever it is for permission to play songs. Chrissy Hind can’t stop Rush from using a Pretenders’ song. Libs are soooo retarded.
Akzed on September 5, 2008 at 8:46 AM
Geez, so much angst over so little. Why do these discussions devolve into insults?
As I understand it, there are two organizations, BMI and ASCAP, that take care of the copyrights for all artists. If you pay minimal license fee to each of them, (Used to be about $100 per year for each) you can use any of the songs in their catalogs. When you have music-on-hold for your office phone system and you use popular music, you need to pay or you could be sued. When you use a radio station for the same purpose, you need to pay the FCC because, if someone calls you from out-of-state, you are violating federal law.
Not sure if playing the song at a convention center is covered here but the same rule applies to sitting in a bar a listening to a cover band. The bar owner is responsible for paying BMI and /or ASCAP for the privilege of using the songs.
Any copyright lawyers out there who can add to the discussion?
Jarhead68 on September 5, 2008 at 8:50 AM
They are being silly to say the least, considering that Sarah Palin has increased their sales for them where they couldn’t increase their own.
The song suits Saracuda well. But it ain’t the only song that will, just the most obvious and easiest to access for public familiarity with right timbre to conclude the Convention festivities.
“Let Freedom Ring” that Hannity uses suits the McCalin soulmate ticket.
HotAir should start a thread nominating song selections for the GOP ticket.
maverick muse on September 5, 2008 at 8:51 AM
It was a Heart-less action by Wilson and I have just trashed their albums. The group’s stalinist tactics are reprehensible. I don’t see any copyright problem with the convention using the song as it was most likely licensed. I didn’t see anything wrong with using Jackson Browne’s song either, as that was a fair use, it was non-commercial and only a small portion of the song was used (how much of a three minute song could be used in a 30 sec commercial?-15% at most)Heart will be as sorry as US Magizine will be for their trashing of the incoming VP Palin. US Mag has lost thousands of subscriptions so far with more to come for its hatchet job. Priceless.
eaglewingz08 on September 5, 2008 at 8:54 AM
Jumping in late here, but doesn’t the convention center likely pay a licensing fee to ASCAP and BMI to cover music played in the hall? I thought that’s how it worked; e.g., I don’t have to call the Wilson sisters to get permission to play the excreable “What About Love?” on the bar jukebox when I want to induce vomiting.
About needing “permission”: I know there’s such a thing as a compulsory license, meaning you can cover someone else’s song without their permission as long as you pay a licensing fee. As long as you pay the publishing company, it’s all good in the ‘hood.
That said, I do wish the GOP (and DNC) would stop dragging out ’70s retreads when there a good bands around today.
saint kansas on September 5, 2008 at 8:57 AM
Haven’t seen any evidence that a copyright violation occurred here. The fact that Heart didn’t want their song played at the convention is not evidence that their property rights were violated — just that their political sensibilities were offended.
AZCoyote on September 5, 2008 at 9:00 AM
The RNC should send them a letter of “suck my b___s”.
Or better still, dedicate Spinal Tap’s “Big Bottoms” to Anne Wilson. How much does Ann Wilson weigh these days? Is she still capable of dialing the number to her Cease & Desist lawyer with those porksausage fingers of hers? She makes CARNIE Wilson look hawtsome.
Well, in a pinch there’s always Fleetwood Mac’s “Sarah”, which was a far better song. Still gives me chills.
Ooh! Or The Pretenders’ “My City Was Gone”! :D
Spanglemaker on September 5, 2008 at 9:07 AM
Maybe John Rich – who is – can buy the rights, and then restrict Heart from singing it!
There’s no surprise in the C&D Order against conservatives…Heart is from Seattle!
ztower on September 5, 2008 at 9:08 AM
Honestly, it’s crap like THIS that makes me hate the DMCA. the darn thing is just a license to intimidate and sue the pants off anyone. It’s a corrupt trial lawyer’s wet dream.
McCain needs to make a point of doing away with the DMCA, and codifying the “fair use” principles into law. With a special exception for political use.
Crap like this should simply NEVER EVER HAPPEN. PERIOD.
wearyman on September 5, 2008 at 9:09 AM
My first question was if they even have the legal right to send a cease and desist letter. Many (most?) bands don’t own the rights to their own songs.
taznar on September 5, 2008 at 9:11 AM
The irony, it’s strong around this one.
Serr8d on September 5, 2008 at 9:12 AM
I’m new here but I see DRywall is the resident troll to ignore LOL.
ex-Democrat on September 5, 2008 at 9:12 AM
I’m glad we have alphie & Dave around to let us know what the opposition is saying.
Let’s not be like the elitist liberals who think most Americans are like them because they only talk to fellow leftists.
eea on September 5, 2008 at 9:16 AM
Um, have you ever actually listened to the lyrics of that? Independence Day
They probably ought to stay away from that one.
Pablo on September 5, 2008 at 9:17 AM
I was surprised when I heard “Barracuda” being played again after McCain’s speech. That song was for Sarah. I was thinking last night that John Fogerty’s Centerfield would have been a better choice.
brtex on September 5, 2008 at 9:18 AM
Heart is from Seattle. That’s pretty much all you need to know.
Blue-eyed Infidel on September 5, 2008 at 9:19 AM
I don’t know what is worse a hatchet job in a tabloid-like magazine or finding out that so many of “those people” who buy and read that crap are Republicans!
highhopes on September 5, 2008 at 9:21 AM
Another reason why I started watching Korean Dramas and listening to J-POP and K-POP.
moonsbreath on September 5, 2008 at 9:24 AM
Not going to happen so long as the big donors to the parties are from the generation that remembers that retread stuff live! The good bands of today are the political convention bumper music of then 2030s
highhopes on September 5, 2008 at 9:25 AM
I’m liking the idea of having guitar hero playing at every event—or how about publishing the lyrics and everyone just start singing when Gov.Palin is on stage.
Ohhhhhhh, Barra-CUDA
dish on September 5, 2008 at 9:28 AM
These gals jumped on the Leftist bandwagon because to do otherwise might harm their standing amongst the ‘cool’ people.
By ‘cool’ people I mean, you know, those with the perpetually unbalanced personalities, the narrow-souled, small-minded self-lovers who make up a large portion of our narcissistic pop-culture-worshiping society.
Flush ‘em. Good for their egos. Wipe with ‘Us Weekly‘.
Serr8d on September 5, 2008 at 9:29 AM
Playing the song doesn’t require permission from the artist themselves. Pretty normal copyright law. I’m sure the GOP has a blanket performance license from the PRO (Performing Rights Organization, such as ASCAP, BMI, SESAC) that represents Heart.
Explanation of music licenses
jeremyp on September 5, 2008 at 9:29 AM
Hmmmmm…. how about Ted Nugent’s “Stranglehold”, instead? Works for me and he’d approve of it, too.
MNDavenotPC on September 5, 2008 at 9:31 AM
Pablo – +10000000
If you folks didn’t bother to watch that Pat Benatar video he linked, go back and listen. What a perfect suggestion. Please email it to anyone who may have an ear/hand in the setup of “celebrations” involving the future VPOTUS.
rhodeymark on September 5, 2008 at 9:35 AM
Yeah! Those damn Republicans should stop using words like Surge, Victory, Freedom —– just who do they think they are…..Americans?
Rovin on September 5, 2008 at 9:38 AM
Dear Heart:
I’m a conservative, but I was wondering if it would be OK to play “Barracuda” while I wash my sweet Trans Am in the driveway this weekend.
saint kansas on September 5, 2008 at 9:39 AM
The use of the blanket term “Intellectual Property” promotes the above sloppy thinking. There are four different kinds of IP: Copyright, Patent, Trade Secret, and Trademark. The latter two must be “protected”, while the former need not. Google “submarine patent” for starters.
You can’t file any legal action against a third party for using a disclosed trade secret (like the recipe for Coca-Cola or Harlan Sanders’ blend of herbs and spices for KFC, which is why those companies work so hard to keep the recipes secret), but you’d be able to sue the backside off someone disclosing it in violation of a contractual obligation to defend it.
If you fail to defend a trademark, you can lose it, which is why Xerox, Kimberly-Clark (Kleenex), and Hormel (SPAM) have to send C&D letters to people all the time. The Treaty of Versailles allowed the US government to take Bayer’s assets here, including their trademark on “Aspirin”. Because other manufacturers of acetylsalicylic acid that used the name Aspirin were never told to cut it out, it ceased to be a trademark in the US, becoming a generic name for the drug. The common use of “xerox” as a generic term for “photocopy” nearly invalidated its trademark status.
Hormel’s lawyers have settled for allowing us to use the word “spam” in lower case or “Spam” in proper case, to describe unwanted emails, while reserving the upper-case “SPAM” for their canned meat products. They’re of the opinion that will defend them against becoming a generic term.
But D.Rywall makes an interesting point about Heart’s relocation to Vancouver. I think it would just be wonderful if McCain’s people would point out that the RNC paid the ASCAP fees to play the song, and just as McCain supported normalization with the government that broke his body, he also wants to reach out to the draft dodgers’ girlfriends/bandmates and put the past behind them, as we reach across the aisle….
The Monster on September 5, 2008 at 9:42 AM
The Wilson sisters father was a military man, and Anne Wilson’s boyfriend was a draft dodging coward, who ran off to Canada. So there you go. The Wilson sisters reactionaries – nothing original conformist. In fact that should be the Progressive’s motto: Join us and conform, give up any individual identity:) Sorry Sad Sacks. Well they haven’t had a hit since the 80s. You would think, they would want all the plugs they could get. I can’t wait for all the tired old hippies, to end up in nursing homes, annoying the nursing home staff, who will probably oblige them by sedating them.
Dr Evil on September 5, 2008 at 9:42 AM
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