Dominatio Per Malum

EFF report slams RIAA lawsuit campaign, calls for flat-fee, unlimited P2P

On September 8, 2003, the recording industry sued 261 American music fans for sharing songs on peer-to-peer (P2P) file sharing networks, kicking off an unprecedented legal campaign against its own customers.1 Four years later, the recording industry has filed, settled, or threatened, legal actions against well over 20,000 individuals.2 The targets are not commercial copyright pirates. They are children, grandparents, single mothers, college professors—a random assortment of the tens of millions of American music fans using P2P networks.3 The industry shows no signs of slowing its lawsuit campaign, with the members of the Recording Industry Association of America (RIAA) filing hundreds of new lawsuits each month4— including, most recently, 400 per month targeted against college students.5 The lawsuits, however, are not working. Today downloading from P2P networks is more popular than ever, despite the widespread public awareness of lawsuits. At the same time, the lawsuit campaign has enriched only lawyers, rather than compensating artists for file sharing. One thing has become clear: suing music fans is no answer to the P2P dilemma.

Blood Brothers (2007) 5/10

Beautiful visuals and a star studded cast can’t save this overwrought gangland drama from mediocrity. Based on John Woo’s classic BULLET IN THE HEAD, Blood Brother is a bland remake that suffers greatly from a muddling script, plodding characters and characters with no chemistry. The ending sequence also contains one of the most boring shootouts in recent memory. Utterly mediocre.

The NMP’s blog has excerpts of the judgment. The main grounds of the judge’s decision can basically be summarized as
1) No Locus Standi, because it is only a sub licensee and therefore is not the proper plaintiff.
2) In the one instance where it is the exclusive licensee, it needs to establish a strong prima facie case, and the standard required of it is pegged to an Anton Piller order.
3) Failed to establish that they did hire BayTSP to track the IP address
4) Failure to adduce sufficient information on how Bit Torrent works.

I think the judgment is a good one, and is very well written. However, i also think that parts of the judgment are wrong and will likely be reversed on appeal. The most shaky ground which the judgment stands on is pegging the burden of proof in such cases to an Anton Piller. The judge rightly points out that the Anton Piller, being a draconian measure, is rarely given and requires a high standard of proof before it will be allowed. However, the request for IP address is nowhere as invasive as an Anton Piller, and the analogy between them is strained and unlikely survive the appeal.

I think judge’s ruling on locus standi isn’t of consequence in this case. This is because Odex can simply join AVPAS in the proceedings as a 3rd party, and the defect in locus standi is merely a procedural one. However, i think the locus standi ruling is sound and probably won’t be disturbed on appeal.

Point 3 is again a procedural point. Odex can simply ask BayTSP to furnish an affidavit.

Point 4 is the strongest plank of the judgment. Odex will need much more than website printouts to prove its case. Probably it will need expert witnesses, which will almost certainly inflate its legal bills. This is also the weakest link in Odex’s case.

In short, i think the Anton Piller analogy will very likely be overturned on appeal, but i think the rest of the judgment has a fairly good chance of being affirmed. In any case, i hope Odex loses.

Tell No One [Ne le dis à personne] (2006) 7/10

The script is highly implausible, but once you successfully suspend your critical thinking, it is a reasonably entertaining thriller. I like the little touches used by the director, especially the use of the snorricam technique in one scene. But my favorite scene is the one set to U2’s “With or Without You”. The film is flawed, but its entertaining.

Something to set the hearts of Fallout fans aflutter: Fallout 3 wins Overall Best, Best RPG and Best Console at IGN’s E3 Awards.

The Lookout (2007) 8/10

This is one of the best films of the year. The opening sequence itself is awesome. It has easily the best opening scene this year (together with 28 Weeks Later). And it has a trump card in Joseph Gordon Levitt, a leading man who can actually act. Levitt has the kind of incredible on-screen magnetism that can pull you in, and he has the talents to be the Brad Pitt of the next generation.

The film itself is wonderfully directed, a kind of stylish modern day film noir mixed with hints of Christopher Nolan’s Memento. It is a fun and enjoyable film, with a notable supporting performance by Jeff Daniels. In short, i love this film.

Disturbia(2007) 8/10

Disturbia is Rear Window updated for the modern generation. Alfred Hitchcock’s classic Rear Window still remains the gold standard, but Disturbia is a worthy modern update. Featuring an excellent soundtrack, which is one of the best movie soundtracks in recent years, Disturbia benefits from snappy direction and a solid leading performance from Shia LaBeouf. LaBeouf seems to be everywhere this year, and looks set to be the next leading man of choice. For now, his film performances have been decent and Disturbia is another feather in his cap.

Overall, a solid and enjoyable film.

The Simpsons(2007) 7/10

Normal standards of movie criticism, such as character development, animation quality, plot, directing etc does not apply to the Simpsons. You either enjoy it or you don’t. In my case, i enjoyed it.

The Last Legion (2007) 6/10

Imagine a really low budget lord of the rings ripoff, complete with stiled dialog, predictable plot and sometimes corny sequences. Although all indications point to a really bad film, The Last Legion is surprisingly watchable. Maybe i was in a good mood when i watched it, which explains the disproportionately high rating vis a vis its actually quality. Still, let me add that this is not a good film, just a mediocre one.

Wii ennui: Is the Wii boring real gamers? - Fully Equipped - CNET reviews

Part of the problem with the Wii is that it isn’t a next-gen system; it simply has a next-gen controller. There’s a certain retro feel to it, even when you’re playing new games. I could get into a whole discussion about graphics vs. gameplay, but suffice to say, if a game isn’t terribly fun and looks mediocre to boot, it’s going to seem even worse than it is. And as more developers rush to get games out for a console that surprised everybody with its sustained popularity, you’re going to see a lot of titles that are mediocre–and that isn’t good for the console in the long run.

The Bourne Ultimatum (2007) 8/10

Director Paul Greengrass has stripped The Bourne Ultimatum to its barest elements. Jason Bourne (Matt Damon) has maybe 10 or so lines of dialogue in the entire film. The film is essentially one big chase sequence, spanning such exotic locations as Moscow, Tangier and all the way back to New York City. This minimalist approach makes the third installment of the Bourne series the most action packed and frenetic of the trilogy. It is also the best film in the trilogy.

It is not necessary to watch the first 2 films to understand this third installment, but it helps greatly and it allows you to pick up some sly references (For example, Julia Stile’s hairstyle later in the film is a direct reference to the Bourne Identity). Starting almost immediately from the end of the Bourne Supremacy, Jason Bourne is in Moscow and is chased by the police. Almost from the first frame, the action comes in fast and furious. But while the action sequence is kinetic, it is never in danger of becoming over the top, as was the case in Die Hard 4. Bourne’s actions remain believable, and he may be the most interesting action hero of the modern age. James Bond, even with the fresh shot of blood from Daniel Craig, is completely eclipsed by the Bourne series. The Bourne Ultimatum has set the gold standard by which other action/spy movies will be judged in future.

Not only is Matt Damon excellent as Jason Bourne, a role he has grown into, his excellent supporting cast deserve kudos as well. It says a lot when the director has so many talent actors and actresses to fill in minor supporting characters. Both Joan Allen and Julia Stiles are welcome returnees, while David Strathairn is an excellent new introduction to the series.

Now, most criticisms of the film fall on 2 main planks. The first complaint is about the Blair Witch project camera work, which has been compared to epilepsy inducing. However, i found the vérité cinematography not to be a problem at all. If anything i felt it was an improvement over the Bourne Supremacy because the action was much clearer. In any case, the shaky handheld screen lends a sense of immediacy to the action, brining a documentary feel to the film. Apparently, the film has almost 4000 cuts. If so, i’m amazing by how the editing made the film feel so smooth and the action so natural.

The second criticism of Ultimatum is that it lacks character development and is nothing more than several adrenaline pumping action scenes linked together. If seen in isolation, then this would be a valid critique. But if you have watched Jason Bourne in the first two films, you would have seen the development of this character. While it is true that the film is almost one action scene after another, it does it with virtuoso flair.

If i had to quibble, it would be there we are still no closer to finding out who Jason Bourne really is by the end of the film. Perhaps it is necessary for Bourne to remain an enigma for the film to work. The ending, which turns a full circle by referencing the opening of Bourne Identity, leaves open the possibility of a 4th film. That is one ’sequel’ that is probably worth making.

The film is simply a near flawless construct, and what it lacks in character development and plot, it more than makes up with tight editing and excellent action choreography. It is the best of the sequels of this season, and one of the best films of 2007. This is action distilled to its very essence.

“Set into motion with a brilliantly choreographed sequence at London’s Waterloo Station—the filmmaking logistics hurt the brain—The Bourne Ultimatum essentially amounts to one long chase scene, yet the tension never really flags.”- Scott Tobias

“Damon provides, as ever, an ideal combination of cool-headed intellect and subtextual psychic squirming. He seems to suffer without actually doing anything, a rare gift for an actor.”- Houston Chronicle

Kick the bottled-water habit | csmonitor.com
In many cases, bottled water is actually derived from tap water and filtered – which is why PepsiCo has just agreed to add the words “public water source” to the label of its Aquafina water. But water from glacial springs is not inherently superior. Worse, shipping it around causes unnecessary environmental damage. Refrigeration wastes even more energy. Then there are the millions of plastic bottles, many of which end up in landfills.

But now a backlash against bottled water is gathering pace as people realize just how daft it is. (Actually it is worse than daft; it is decadent to shun perfectly good tap water, given that more than 1 billion people on the planet lack access to it.) Many fancy restaurants now proudly proclaim that they serve tap water to burnish their green credentials. Restaurant patrons are increasingly prepared to ask unashamedly for tap water when offered expensive bottled stuff.

Fair Use and Misuse (Lessig Blog)

The result is a systematic overclaiming of copyright, resulting in a misunderstanding of copyright’s breadth. Look at the copyright page in virtually any book, or the copyright notice at the beginning of a DVD or VHS film recording. The notice will almost always state that no part of the work can be reproduced without the publisher’s (or movie studio’s) permission. This is a flat denial of fair use. The reader or viewer who thumbs his nose at the copyright notice risks receiving a threatening letter from the copyright owner. He doesn’t know whether he will be sued, and because the fair use doctrine is vague, he may not be altogether confident about the outcome of the suit.

These words by Judge Richard Posner in 2004 sadly still hold true today.

Somersault (2004) 8/10

Australian Film Institute (2004)

Best Sound

There are very few female directors who are famous, and even fewer are at the top of the league. However, Cate Shortland who directed Somersault, displays remarkable talent in this impressive Australian Indie film. Along with LANTANA and THE PROPOSITION, Somersault is one of the best Australian films i’ve seem. In fact, its probably the best Australian film ever made. This article gives you an idea of how big a deal Somersault was in 2004. Somersault was nominated for 15 awards by the Australian Film Institute (Australia’s equivalent of the Oscars), and won 13 awards in the end. The only 2 awards that it didn’t win was for Best Supporting Actress and Best Supporting Actor and that was because it had received 2 Best Supporting Actress and Best Supporting Actor nominations each. Therefore, it was prevented from winning all 15 awards by impossibility, and swept every single award it could could possibly win.

I could talk about the beautiful cinematography, the excellent script, the nuanced direction or the uniformly excellent cast. But the film is about Abbie Cornish, who plays the main character with aching vulnerability and beguiling innocence. Like a force of nature, she steals every scene she is in and puts in one of the best leading performances ever. It is a performance that is worthy of an Oscar statuette, if only the Oscars were more discerning about their nominations. The characters have depth and while not necessarily good, are beautiful in their flawed imperfections.

One of the best films i have ever watched.

“Cate Shortland’s “Somersault,” which won the Australian Film Institute Award for best picture and actress, eerily evokes the marooned feeling between childhood and adulthood. Dreamy and creepy, tender and terrifying, “Somersault” is a frank and visceral film that at the same time exudes an unexpected innocence.”- LA Times

Kicking kids for profit? - reHASHplus - CNET Asia

Nice title.