well folks, we made it!

in a few days, we will have managed to put one of the most tumultuous decades to rest.. the viral 2000s. and what a strange strange trip its been hasnt it?

but, instead of me pontificating and recapping that which is known and lived previous, here’s some random thoughts of mine, based on my experiences had over the last 10 years that i would like to share, and perhaps y’all to consider, presented within the guise of that ever so popular , year end top 10 list…

1. EIGHT YEARS OF  Barack Obama!!!!

so, we’ve seen some interesting results of President Obama’s first year in office. including an (unsuccessful) attempt at toppling one of America’s largest business monopolies, the health insurance industry. so, here’s to EIGHT years of a president who has REAL american’s at heart with his legislation.

2. ARTISTS STAND THE FUCK UP

“WHERE IS THE REBELLION?! THE REBEL YELL!?”

Quit worrying so much about selling shit (its affecting your work) and start speaking your mind. stop trying to be an amateur business person or entertainment lawyer….(its affecting your work) just to find your way into the “business”.. there are professionals out there whose education and experience is to commodify you at all costs… we dont work or play well together (ideals/marketing)

3. STOP SUPPORTING A MEDIA THAT DOESNT SUPPORT YOU

that said, (see above) … just give up. we’re out gunned on a monumental scale….

the entertainment industry doesnt give a fuck about you and further still, cant afford to develop your idea if it isnt “sure fire” (juvenile). plus, there are millions out there desperate , willing, and ready to give up everything they believe in to be a “rock star” or “famous”…..so, there’s no shortage of people ready to “work” and still arent…..really

4. START PIRATING STUFF.. IMMEDIATELY

so, the way to bring change to a business model that wont listen to you is to “voice” your dissent.. steal anything digital you can (especially music). because there are no votes in business, change comes this way. this is a great example of why a privatized state (american conservative agenda) will never work…. art imitates life….. really

5. BE PROUD

as an artist, your voice is important in culture as a whole, and being an american we have IMMENSE freedom of expression, lets use it! large businesses are “proud” of their work (FOX News / health insurance industry) even in the face of adversely affecting people….artists can be proud of our voices because more often than not, we have diverse, wide ranging, open, and accepting opinions.   and we arent going to hurt anyone except with our good looks… hahaha

6. GO OPEN SOURCE

one glaring example of a culture that has developed amazing things without the help of, or rather, using an alternative capitalistic model or development ideal (Google), is the open source software culture (Linux , Ubuntu , UNIX ). it involves READING but anyone can get involved. being a Mac user doesnt count…… really

7. dont hurt yourself or others

being violent proves only that you are desperate, its so 20th century……really

8. DONT APOLOGIZE FOR YOUR ART

artists,  (myself included) are sensitive….  we blame ourselves if we dont get the reaction we want. but in doing so, it undoes our message. have a well thought message and let people react how they will….

8 & 1/2 . JUST BECAUSE YOU DONT BELIEVE IN “OPEN MARKET” CAPITALISM DOESNT MAKE YOU A “COMMUNIST” OR “SOCIALIST”

im gonna take a shot in the dark here and guess that most of you are reading this from the comfort of your home, or your family’s home, having just enjoyed a nice holiday, purchased some things (though probably less than you would have liked) and are relatively comfortable and somewhat educated…. so, capitalism works to some degree, we cant deny that. however, its okay to stand up for yourself when you feel the “market conditions” dont represent you….. really. businesses do it too, its called marketing and lobbying…

8 & 3/4. ITS OKAY TO SAY THINGS SUCK

its called, having an opinion…but have a REASON WHY things suck. if things just suck in general you are a pessimist…

8 & 4/5. TRY TO BE OBJECTIVE

this is more an invitation to people that dont agree with me…. hahaha

9. MORE SPACE TRAVEL!

hey, lets go to space!

10. MORE LOVE

love in space… new meaning to the “mile high” club….. nice!

okay everyone, happiest, safest and fulfilling of new year and decade to you,

onward and upward!

as Christmas speeds upon us with the mega-tone force of three Vanderbilt freight trains full of expectation and anxiety, lawmakers of this great country (the united states for my non-yankee friends) recently came to accord upon what is billed by our most liberal president in next to three plus decades as, “historic health care reform.” those interested, have listened for months as two loud political agendas collided, bare bones, brass knuckled, balls to wall, spilled spit and blood, pandering, and defending their respective beliefs, even to the point of theatrics.

( “you lie!” )

Though American liberals took back some much needed ground in ratifying this health care reform, it is the conservative agenda that wins a clear split decision here….

Upon putting down the back room boxing gloves and watering down bottle, the preceding brawling, bobbing and weaving, makes me think of fanaticism on this planet, and how we as Americans are so quick to judge fanatics who oppose our country’s largely expansionist philosophy. ( President Obama regrettably was forced to play into this hand with his recent troop increase in Afghanistan ) Its so obvious we have political fanatics running rampant and affecting policy here at home. Of which, loudly, PROUDLY ( in the name of preserving “choice” ) and unabashed, they block the progress of real health care reform that would benefit our society, elevate lives, and arguably change the way American economics are viewed, en mass, on this planet.

( President Obama, Nobel Peace Prize Winner… the first salvo of that change in global perspective…. )

all in the defense of “choice”.

Firstly and begrudgingly, I respect the conservative agenda, at its roots.

Americans need those ragged conservatives ( “you lie!” ), to keep us idealistic liberals in line and prevent government from getting too big (tax rate of above say, 50%. right now I pay less than 10% federal tax…which most “conservatives” say is too high)

Recently however, I am appalled at this conservative agenda , and its unwavering fanatical support of economics rather than ethics, even in CLEAR instances where economics, without ethics, disenfranchises so many of its own people ( American voters ).

So many times in the lexicon of the American conservative agenda one hears these fanatics talk about volunteers making the “ultimate sacrifice” in the name of our country ( their “choice” ). I really think that any American today that goes without basic medical coverage makes the ULTIMATE sacrifice EVERY DAY, yet no one has stood up and accounted for them… as of yet.

Of course, challenge a conservative on their agenda and you are immediately labeled a “communist” or “socialist”…. YAWN. The tune never changes in this fanatical conservative agenda ( ask your parents ) , you have to give it to these folks they are consistent….

I think being a liberal American is all about preserving, or achieving, balance…which surely , one would think is the focus of the conservative agenda in their preservation of “choice”.

Personally, I am encouraged that, at the very least, the health care insurance industry ( legal MONOPOLY, hence able to do/say whatever it wants , like FOX NEWS ) will FINALLY be federally legislated to the point where it is FORCED to provide care for EVERYONE and be ETHICAL. but the conservative fuck you to us liberals is that we’re FORCED to BUY that coverage…..

Read the words that are written in all caps again and have a laugh with me.

( oh you assumed there were laws governing the health care insurance industry already? Nope…. thanks small government conservative agenda for representing , protecting us, and preserving economic and political balance…. whoops! )

Our federal government must FORCE one of its largest industry’s to behave ethically, at our expense…..isnt that funny? ( wall street crash .. thx small government! ) If this doesnt clearly define the modern conservative agenda, and its fanaticism, I really dont know what does….. aside from Bill O’Reilly calling us liberals NAZI’s…( fanatics )

To reprise a dirge (respectfully of course) , ask Bobby Jindal, Republican Governor of Louisiana,  and the good good folks of New Orleans, about conservative politics standing up for them and rebuilding their beautiful city…..reality is pretty strikingly bleak, yet Americans have better things to do….( “you lie!” )

So, to our punch line…

when liberals of this country lose on true sweeping health care reform, in actuality, we really win. We win in the fact that the conservative agenda has been exposed for what it truly is, a fanatical defense of “free market” (monopoly) economics of which, clearly do not represent average American people.

This non-representation is not on a minimal scale, its to the tune of cities not being rebuilt after natural disasters, and swan songs leaving lower to middle income Americans making “choices” on whether or not they can “afford” basic health care. ( ive myself made the “choice” not to have basic health coverage )

We liberals win in the fact that we can use these massive improprieties ( “choices” ) exposed here as great precedence to lobby for the rebuilding of social services in all areas of American society ( public schools, the arts , social services )

The unwavering conservative defense of these economics in the face of so many unavoidable failings makes me think… what is the difference in the American conservative agenda.. and say that of the supporters of the Al Qaeda, or any terrorist agenda?

Both seem deeply rooted in exclusionary or fear driven tactics, completely unreachable by the realities of the modern world, and above any kind of compromise.

Both agendas cause suffering that can be avoided with true progress, and less comedy.

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]] ladies and gentleman, in the spirit of mimicking oppressive “intellectual property” laws now instituted by the recording “industry” in the United States, i now announce that from this moment forward i will no longer utilize my singing and or voice in any way, shape, or form in subsequent Flight Orchestra recordings…. also, i can do without being compared to Thom Yorke over and over again, rather than being recognized as my own unique voice…..i guess it costs more to be considered unique by the press…..ask Lady Gaga….
Thom Yorke is a simple comparison and frankly i dont feel like i can improve on it…
so thank your indie press for that.

HIRMv5 will have various guest vocalists and MCs in its upcoming live performance versions,
starting with my brother Great Lion…. his voice is better than mine anyway….

thank you for listening and no…. i’m not the first creative casuality of the record “industry”
just the loudest…

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thats it ive fuckin had enough….

Neo Be Bop Chance Music Construction is officially recorded and will be sent to the presses soon in creation of a product that you may purchase from me..

that product will be pressed upon an eco-friendly compact disk…containing three tracks totaling a live performance of about 24 minutes… some limited edition artwork by Matt Groller (who, if you have this months issue of Rolling Stone, his illustrations are in there) and some fonts by fellow gorilla artist Jonathan Barnbrook (im not friends with him) packaging design pending… havent figured that far yet…

i’ll sell my product to you but im too bored and tired to barter a price now, ask me some other time…

in personal news… i was inspired to make this recording tonight
(monday 16th November in the year of our lord 2000 and 9)
after reconnecting with an old friend… a girl who knows me very well and made me feel a teenager again… i wont call it love but pretty fucking close…. whatever the fuck that is…

anyway… im not gonna turn this into some kind of advert where i peddle my ass to you but …. Flight Orchestra will return as a performer sooner rather than later now… youve been warned…”you can dance if you want to”

oh btw… hug your friends…. your loved ones… your boyfriend or your girlfriend especially if they stand with you.. youre really lucky if you have that…. and if you are with someone that stands between you and your most precious dreams.. ..heed and take it from me Tex….. in the event of a water landing…
the moment you realize your dreams makes the suffering all worth it…
i really think thats love….

i’ll take your money now…… or not ….either way, “i win” and i get what i want

what’s so “funny” (in a sad way not a hahaha way) is not “rock” or “country” or “hip hop” pop stars quarreling with each other or acting rebellious, but people actually wondering whether or not the thing was a set up..

i just am really disappointed that this passes for american entertainment these days, and Kanye West the same dude who was so pissed off at George W Bush for doing nothing to rebuild New Orleans after hurricane Katrina needs to go to this level to get “attention” and drive “sales”

People wonder if this whole thing is a fake, but lets be perfectly clear about something. THERE IS NOTHING real about the music “industry”. From its monopolistic intellectual property “laws” that would make a tycoon like Rockefeller shriek with pure delight from within his gold plated tomb, to the “industry’s” blatant perpetuation of one of the most politically and socially stunted times in American history the 1980s (monopolies in all businesses were made legal again via a president who privatized everything he could including HEALTH CARE more on that in a second).

to me, the whole Kanye and Taylor thing amounts to two kids fighting over the corner office at Universal Music Group or some fancy high rise some place, because thats who they both work for. Or rather, they work for a subsidiary of Universal because everyone knows that Americans, especially “taste makers” or hip socially aware folks (like myself) want particularly to spend money or invest emotionally in a product that doesnt come out of a mega-​super-​corperation-​conglomerate (like Universal Music Group) but rather a local, small owned, “organically” constructed business or product or person, with a face and connectible personality.​.​.​.​
but

Taylor works for Big Machine
Kanye works for Def Jam
you can look those up…(both universal subsidiaries)

so, mass record company (monopoly) culture needs to find its place in mass (monopoly) media culture, the same mass media that for months now has been screaming and shouting about how an end to privatized businesses, like the health care (monopoly) industry, despite its obvious flaws, would lead to “socialism”
(here’s an ECON101 tip, there is way too much diverse ownership in the US, even with obvious monopolies, for the country to ever be even remotely socialist, in any way. the only people barking about socialism are the people that own everything and dont want to lose their market monopoly or be legislated because of that…IE FOX NEWS RUPERT MURDOCK)

i see some very interesting cognitive dissonance here.

but leave it to artists to stand up for the rights of people….

this coming from an artist (me) who has personally recorded FIVE records in multiple genre’s, just completed an art exhibition appearance where i performed , demonstrated and explained my work along side PROFESSORS from major world wide universities doing the same.. yet i am an UNEMPLOYED record industry musician.

to quote John Lydon
“EVER GET THE FEELING YOU’VE BEEN CHEATED?”

there are more folks like me and you , who cant get a job in the music “industry” than of Kanye West and Taylor Swift, both making very easy products and quarreling over who is better than who. they are both part of a problem, not rebels in any way.

the punch line to this whole dra-medy is that ive not watched one video clip on Kanye’s outburst, Taylor’s rebuttal, Kanye’s Jay Leno apology… nothing.

i dont feel like i have to, the plot is sadly and remarkably obvious

over the past month and a half, i have reached points of exhaustion i have never before felt in my life, to the point where i had to actively make some changes in how i live my life to prevent from a complete physical and mental breakdown. it was due to nothing more than overwork, from college, art, attempting to make new personal relationships, etcetera. thankfully it has been remedied by taking things down a couple gears and focusing on taking care of myself better, physically and mentally. which strangely enough, came very naturally. i guess that means i’m growing up……more.
i feel much better lately.

several personal , artistic, and educational goals have been met and discovered in this time and i have been surprised at how much life has to offer, even when i think i have my direction figured out, and can expect the results, limitations, victories and failures. i really dont have a clue but its fun. i lean back on the old Ella Fitzgerald croon of “I dont know where i’m going, but i’m going”… but i really do.

i would like to talk about Conspiracy culture and how alive, well, and influential it is particularly in American culture today. the thing is, it seems a true excersise in futility, that there is some unseen force, deity, government or something or other standing against you and your dreams.

take it from me, if you live in the United States especially, you ARE SO FREE. you are even free enough to believe you are being oppressed in any way shape or form. you are free to believe in whatever crock of shit philosophy you care to adapt that fits your plight in life, whether its based in fact or not.

i think that fact gets lost.

I hear alot of conspiracy theorists today in the United States talking about the fact their personal freedoms are being taken away. which, i look at that as nothing but empty childish excuses. read some of my work below which is well researched, and you will find that there are countless reasons behind economic, religious, and sociological oppression.

its not just “the man”.
its not some unseen force.

there are no conspiracies, and in the event of conspiracy theories there is only true carnival barking to perpetuate them.

i am really inspired by the people of Iran, who are normal people (college students mostly from what i hear from friends), not an army, standing up against an oppressive religious regime. there is no talk of conspiracies from these people, only action against true repression. a similar thing happened (non-violently thankfully) in the United States with the election of President Barack Obama, some even say his election has inspired the people of Iran to stand up against their regime. I have said this times before in other writings but i’ll put it here too, i completely support people who stand up against regimes, not a military who installs or enforces it.

In the United States there are several socialist type conspiracies floating conveniently around in the media, on blogs , and via other social networking sites spearheaded in my opinion by Alex Jones’ the Obama Deception.

I am not at all bothered that a conservative american has taken such a strong opinion against Obama. Of course the man is not above criticism and part of being the president, or in politics, is to take your critics opinions into consideration, which i believe he does (see his stance on health care reform). That is in sharp contrast to the opinion of former president George W Bush who gave the middle finger to his opposition intending to spend “political capital”. we all suffered through eight years of this.

Alot of political conspiracies in the United States forget history, basic political history at that. i see that as a trait of the fanatical political right in this country, forget facts, focus on buzz topics and carnival bark your point.

Alex Jones may have some point to make in the Obama Deception, whatever esoteric, and i can respect that process. But the fact that it focuses on “Obama and Wall Street orchestrating” an economic collapse implies no basic knowledge on how the system works. So with this films logic, the president should have no oversight on the economic system of this country….(more on that in a second)

Also, being that Alex Jones ran as a Republican State representative in the early 2000s in Texas, (what is the deal with politics in Texas?) means he probably has the same economic philosophy as Ronald Reagan, which got us here into this economical mess in the first place. Jones’ group Info Wars is a classic example of fanatical bilge. (read the Information warfare Wiki its hilarious, if deeply insulting to the scientific or political community)

in the spirit of duality, i spent five minutes with the Obama Deception before my stomach turned….it reminded me of news shows i used to see when i was a kid in the late 80s and early 90s like Hard Copy.
(remember that one?)
it had a tabloid journalistic feel, and based on its opening i am assuming there is a portion dedicated to celebrating Ron Paul
(Reagan man, Mr. Deregulate the world)

by the way Mr Jones, excellent journalistic choice in depicting some African American militant group chanting “yes we can” to open your film. Because i can tell you as a white man, living in Oakland, they are everywhere and i feel constantly endangered. (sarcasm) It was also a great move to highlight your journalistic integrity with a rant by KRS-ONE about Burger King which i am still trying to untangle its meaning.

GREAT representation of African Americans. good one Alex…but you are in america and free to do so….

I would love to hear a conversation between Alex Jones and say, a homeowner that was able to save their home from foreclosure as a result of President Obama’s economic stimulus legislation.

People talk about their liberties being taken away, and blame “the system”. This is funny to me because the system had its power taken away in the 1980’s, by Ronald Reagan, including laws that guaranteed FAIR , FACT BASED, and equal media coverage of ALL political parties, (see Fairness Doctrine) even your Republican Party Alex Jones.

Parts of government oversight have been reinstalled over time, most famously by George W Bush and the “Patriot Act” but part and parcel, the United States, socially and economically have been a wild, unbridled horse for nearly thirty years. Take a moment to read about Reagan’s government deregulation and compare that to FDR’s New Deal and Obama’s current economic legislation to see what i mean. the results on this country have been undeniable and history will never forget this, no matter what spin any fanatic puts on it.

As proof of vast government deregulation, the country has no competitive “free markets” (which is a conservative ideal but really means monopoly) for health care, entertainment, and basic community economics in general. the examples of that are health care that 50+ million americans have no shot at, two entertainment conglomerates that bilge fanatical right wing “news coverage” and give us the same movies, TV shows and music over and over again, while forcing a liberal news show like the Daily Show to feature on the COMEDY CHANNEL. (this is conservative ownerships biggest fuck you to liberal americans, finishing slightly ahead of Bill O’Reily’s brilliant “NAZI liberal” musing).

Also, the average person currently has no chance in owning a local business and competing economically in its neighborhood.

some people equate the remedy to “small government”, but we as americans have lived that ideal for 30 years, and again the results are pretty obvious. One is even free enough to orchestrate a piece of garbage like the Obama Deception, and have it be taken seriously….

i think what conspiracy theorists attempt to acheive is the supremely unscientific notion of “no truth”. that information is constantly being manipulated before it reaches you, that you can trust no one.

the answer to that is deregulate everything, make government as small as possible (because they are “regulating” you with laws like dont run red lights, and dont kill people, and oh by the way assigning value to the money you spent in paying your internet service provider to read this) so that you are free to live life on your own free will, steal, own, whatever you want, to exist on an island of “reality” connected ideals.

i think Alex Jones wants the wild west back, maybe thats the Texas connection.

Also, all this NONSENSE about the New World Order, is very funny on a few points. One, most famously it was coined by George HW Bush (Conservative Republican next president after Reagan) in reference to the end of the Cold War, and how global super powers would emerge.
Its laughable that anyone could be against some kind of global economics or protection, when some parts of the world STILL, in the 21st century, dont have running water, access to education, medicine or technology, or live under military regimes.

in fact most of the world still lives in poverty.
Go ahead, call me a bleeding heart.

this brings me to the idea of no truth, its really quite religious isnt it?
if you are a person of science, (true science not a bible scholar, you are just another literary major, sorry) then we base our lives on discovering and verifying truths. if you believe so much in your conspiracies, in whatever context, GO OUT AND PROVE THEM. you might discover some interesting things about yourself and your beliefs….

i think its really dangerous to have people create your beliefs for you..

to change gears lets talk a bit about art…

if you have been following me via MySpace, thank you so much for sticking with me over the past couple months. my flight orchestra page gets inundated with spam daily to the point where i have had to take extreme measures to avoid the process worsening. i am really sorry if you have been spammed because of me. Friend Blaster software has become a huge spam problem on MySpace and is squashing out the little guy in my opinion, and it makes me wonder how many of my 3000+ friends are actual people.

Just so everyone knows, Friend Blaster software works by worming through friend accounts on MySpace, its basically a virus with no malicious code attached. Actually, sometimes there is malicious code (i found one that tried to download a fake anti-virus program), which i personally tracked the user down and reported them a few months ago, to have the behavior stopped. its annoying.

the thing that really sucks about this is Friend Blaster software is used by viral “marketing” campaigns, so as i understand it, some people actually make money by ruining MySpace in this way. i take a very pro-defensive stance for MySpace because any indie musician has MySpace to thank for any kind of fan support.

Also, i have dealt with the deeply philosophical and religious element via my MySpace page, which i dont mind really. But it just makes me wonder what about my art appeals to them. maybe its because i make sense… hahahah

I wonder if impressionists like Debussy, Monet, or Cezanne had to deal with this too. it makes me chuckle. if you find yourself a person of deep faith, i respect you. you can think and live by whatever you want, i just hope that it hurts no one, and its beliefs carry that same attribute in any contingency.

the next few months will bring some activity from me as Flight Orchestra. The last version of How I Realized Myself will be a live performance version entitled NEO BEBOP CHANCE MUSIC CONSTRUCTION. i take the name from the music styles Be Bop , Chance Music, and Constructivism.
i am going to redo the I AM NOT A CELL PHONE ACCESSORY page too to make downloading individual songs easier.

Also i will be putting a selection of handpicked music from all four records and other goodies, up for download perhaps twice a month, or as i see fit, for you, which i will call THE SELECTION.

so lots coming from me.
making a live record means that i will be playing select shows (no pun intended) so be on the look out for that.

thanks for reading
LOVE!
-dav

* 2002

Squirrel EP

self released // out of print


* 2004

Ladies and Gentleman Introducing New Sound Additives and Preservatives
self released // available via Insound.com

Emulator EP2004
self released // available via Insound.com


* 2006

The Military of Fatima
Breathing Room Records // available via CdBaby as MP3 download
CD Available via Insound.com


* 2009

How I Realized Myself
Version 1
Version 2
Version 3
released 13 April 2009
free for download at
http://iamnotacellphoneaccessory.wordpress.com/

Version 4
The M*A*S*H Controllerist
soft release May/June 2009
free for download at
http://sites.google.com/site/flightorchestra
/

Version 5
NEO-BEBOP CHANCE MUSIC CONSTRUCTION
live recordings
release TBA (late 2009/early 2010)

First, a disclaimer.

If I were to follow closely the current direct definition of intellectual property, that being a group of laws governing the ownership of an idea, then please refrain from forming an opinion about the work that I am about to present to you. I am very clearly stating now, my ownership over the following ideas and I will do whatever is necessary to enforce that ownership (short of reading this along with you, over your shoulder). My opinions here are under the sole expressed written consent of, copyrighted by, cannot be used without expressed written consent of, or do not reflect the opinions of, me.

It’s a bit vague isn’t it, a bit ridiculous? Honestly the idea of intellectual property completely confounds me. In truth, we are faced in dealing with intellectual property everyday, and perhaps the idea of owning that idea in some way. The ideas of our instructors in class, especially if they chose to share their personal opinions, can be deemed as presenting intellectual property. Yet thankfully there is no jar at the front of the classroom that students must pay a quarter every time an idea is exchanged, which is to my understanding what intellectual property laws aim to somehow achieve.

I often wonder when I am listening to the caliber of pop music in the United States today, or using my Microsoft computer software, or watching television which seems to present me the same type shows with different casts over and over again, where does the boundary lie in actively protecting intellectual property? Who owns ideas, or who owns what, who did what first?

Does the entertainment business intellectually own the fact that it seems to be giving us the same thing over and over again? Ever looked at the TV shows that a network like vh1 is presenting at the moment? (vh1.com) I did, and currently there are four shows with relatively the same premise. These shows are in a reality format , where a cast of characters are followed around in their daily activities by a roaming camera crew, then compete for the attention of a central male or female character for cash prizes, or a date.

Each major TV network has its own flavor of reality TV programming, MTV featuring the Real World, NBC featuring Last Comic Standing and so on and so forth, each of these shows regardless of network are very similar in presentation. But, who owns the intellectual property rights to reality television? Or, the format in which these cookie cutter shows are presented, who did it first and does it matter?

The same question can be asked of the situation comedy format. It seems to become clear that finding the origin of these roots is completely tedious and daunting. Should network television be paying a constant royalty to the estate of Desi Arnaz and Lucile Ball? Should Jerry Seinfeld and Larry David be paying each other for producing practically the same show, with different casts, under different names, on different networks.

By definition, intellectual property is “intangible property that is the result of creativity, such as patents or trademarks or copyrights.” (WordNet Search – 3.0) By this very clear definition governing the ambiguous, what we should have in the entertainment industry today is a massive war of litigation, endless lawyers bickering constantly over who created what, and who wrote what first, who copied who first, and to what degree. By law there should be a dissection of each television program, its premise, and from whom it was stealing its premise from. Who came first, the Real World or Real Chance at Love? And who is the winner, who ultimately created any of these TV formats. By enforcing intellectual property rights it seems as if we might be making one person, or company, the heir to each individual entertainment sectors’ decades of vast income, and in turn creating a monopoly of massive stature.

In the music industry, since the late 1990’s, the debate over ownership of intellectual property has reached very public and epic proportions. Perhaps in a reflection of the declining state of this industry (another essay altogether), super mega groups and artists are suing each other over alleged intellectual property infringement. In December of 2008, popular rock guitarist Joe Satriani sued British rock group Coldplay “contending that the Coldplay song Viva la Vida makes use of substantial original portions of [Satriani’s] composition If I Could Fly [which is] an instrumental track.” (nytimes.com) Viva la Vida was nominated for a Grammy for best song of the year, and was a hit single from Coldplay’s hit record X&Y. Joe Satriani’s music has not seen a top position in record sales charts since the early 1990’s. The court case is still ongoing.

With passage of intellectual copyright laws in the late 1990’s and early 2000’s, the music industry managed to destroy one of its last most vibrant art forms, that of early rap and hip hop music. Artists such as Pete Rock and CL Smooth, LL Cool J, Tribe Called Quest and EPMD developed an art form which involved the process of sampling and manipulating sounds, riffs, and drum beats often taken from older and sometimes obscure records, and making the compositions their own by rapping original lyrics over these samples. Hip hop artists often times were sued, legislated, or limited by their recording companies away from this practice in favor of preserving ownership to the music’s original artists, regardless of the income that the original recording might be generating at the time of being sampled.

Conversely, more recent artists like Dangermouse (The_Grey_Album) and Girl Talk (Girl_Talk_musician) were able to create albums of songs that they called their own by using a “mash up” style. This style involves taking entire previously recorded songs, producing new drum beats and musical accompaniment on top of those songs, then “legally” reselling these compositions as their own by exploiting loopholes or lack of enforcement on current intellectual property laws. The fact these artists were famously able to skirt these laws and sell records perhaps is a reflection of the current state of the music industry, and the futility of the intellectual property laws themselves.

With very careful application of intellectual property laws, what we should have in the music business currently, is an absolute Super Bowl of litigation. The best lawyers should be pouring through archive after archive of album after album , genre by genre, categorizing, notating which riff came first, analyzing who took what from whom, and who owns what. I would playfully pity these lawyers once they would arrive to such catalogues as the jazz record label Blue Note. Just imagine the attention to detail one would need to have in logging every time a jazz musician riffed on an old familiar tune within their music, which just happens to be a creative elemental cornerstone of the jazz genre itself.

The Recording Industry Association of America, the primary trade organization of the industry, avidly lobbies the United States government for intellectual property legislation. The RIAA’s “members create, manufacture and/or distribute approximately 85% of all legitimate sound recordings produced and sold in the United States.” (riaa.com)

One begins to get the idea that entities that are lobbying to protect their intellectual product properties are the few elite companies that seem to broadly own those products.

Perhaps the most compelling example of monopolistic intellectual property ownership (or exploitation) is that of Microsoft, who owns a whopping 89.6% (cio.com) of the market share of operating systems in personal computers. Other operating systems do exist and are developed by companies or users who form the open source culture. Open source culture advocate Richard M. Stallman surmises intellectual property in this way, and very accurately so:

“Economics operates here, as it often does, as a vehicle for unexamined assumptions. These include assumptions about values, such as that amount of production matters, while freedom and way of life do not, and factual assumptions which are mostly false, such as that copyrights on music supports musicians, or that patents on drugs support life-saving research.” (gnu.org)

Its completely humorous that companies who are concerned the most with protecting their intellectual property rights are the companies that own the largest market share of their respective industry, oftentimes in proportions that resemble Rockefeller era monopolies. Creating monopolies through enforcement of intellectual property laws completely stifles creative business, and does not allow for competitive products to develop within the marketplace.

Beyond all this, we can discuss the practicality of actively, ethically, cost effectively, and fairly enforcing intellectual property laws. If these laws were fairly enforced, then the scenario of large entertainment conglomerates suing each other over intellectual property infringement should be the reality we live in. Competing software companies should be in intense litigation with Microsoft in anti-trust lawsuits, as a result of Microsoft’s clear domination of the software market. For whatever reason, whether political, economical, or ethical, this scenario does not exist in the United States today. The reality of intellectual property legislation seems more about protecting elite ownership, rather than granting levity in developing new ideas.

The old entertainment adage, its not what you know, its who you know should read, its not what you know or who you know, its who owns what.

Work Cited

VH1 Shows. VH1.com. 2009. 15 June 2009 http://www.vh1.com/shows.

WordNet Search – 3.0. wordnetweb.princeton.edu. 2009. 15 June 2009 http://wordnetweb.princeton.edu/perl/webwn?s=intellectual+property&sub=Search+WordNet&o2=&o0=1&o7=&o5=&o1=1&o6=&o4=&o3=&h= .

Arts, Briefly Coldplay Sued for Plagiarism. Nytimes.com. 2009. 15 June 2009 http://www.nytimes.com/2008/12/06/arts/music/06arts-COLDPLAYSUED_BRF.html?_r=1.

The Grey Album (Dangermouse). Wikipedia.org. 2009. 15 June 2009 http://en.wikipedia.org/wiki/The_Grey_Album.

Girl Talk (musician). Wikipedia.org. 2009. 15 June 2009 http://en.wikipedia.org/wiki/Girl_Talk_(musician).

RIAA News Room. Riaa.com. 2009. 15 June 2009 http://www.riaa.com/newsitem.php?id=CBE15E34-FDB2-5C8C-16A1-3867331060F3.

Microsoft Market Share Slips: Pressure’s On for Windows 7 and IE8. Cio.com. 2009. 15 June 2009 http://www.cio.com/article/467916/Microsoft_Market_Share_Slips_Pressure_s_On_for_Windows_and_IE_.

Did You Say Intellectual Property? It’s a Seductive Mirage. Gnu.org. 2009. 15 June 2009 http://www.gnu.org/philosophy/not-ipr.html .

i would just like to say that Manny Ramirez being caught using performance enhancing drugs today is so United States, 21st century.

lets contextualize this for just a second.

The Los Angeles Dodgers, a team that broke the major league baseball racial color barrier in the 1930’s, and set a precedent for ALL professional sports, by introducing major league baseballs first African American player in Jackie Robinson was a cultural turning point for this country. the team then last night, set a record for most consecutive home wins to begin a season with 13, a record that had stood since 1918. Kim Kardashian sat prominently behind home plate, and Vin Sculley the ambivalent Dodgers TV announcer who has been giving the teams play by play since 1950 guardedly, but excitedly, called the action….

there are many culturally significant, iconic moments that take place here…

i really think its our fault,
the fans, pop culture in general that it takes athletes drugged up to get us to pay attention to them, and a media culture that hovers around their every move and paycheck, judging and dissecting constantly, and constantly implying that we the audience will never get this, be this, or maybe if you pray hard enough and meet the right people….. you’ll get there eventually….

Manny Ramirez is an exceptional hitter, one that i personally would watch, drugs or no…. but WOULD YOU? amongst the conversations ive had today about the dodgers, the phrase “i am not surprised” about his conviction seemed to pop up alot. but we SHOULD BE OUTRAGED.​.​.​.​shouldnt we?

in fact, Manny should be released from his contract and go to drug rehabilitation like most convicted drug users do… however, “what do you expect” (another phrase commonly thrown around) from a sport that has done nothing to control their players rampant drug use… i mean people are still buying tickets to Dodger games, even in this WOEFUL economy that we hear so much about… EVEN WITH SWINE FLU threatening life as we know it, Dodger fans still went to, and will probably still go to subsequent Dodger games. i get the idea that drugged up players are what is needed to keep our interest , and the asses in the seats……

Kim Kardashian will still hold court over (after probably being paid by some PR firm to attend the game) Dodger fans by sitting in her 500 dollar per, catered, maitre d’ed golden ticket colored seat… and i dont blame her. why is she famous? someone needs to remind me. oh right she’s a brilliant thespian , or discovered a new theory to use with subatomic particle stimulation… or, shes a grade school teacher…..

but thats just it… this is what it takes to be famous in United States popular culture these days…. whether art or otherwise…
it takes cheating
or being in a famous well to do family,
or subscribing in part to that philosophy and looking the other way when it is exposed for what it is….

its not just basball but music, film and television too. its the wild west and fame certainly goes to the highest bidder
(see current american pop/movie stars i wont waste my breath on this again)

if you cant afford to participate in this culture you will be left out
and society seems to really turn a blind eye…
(“what do you expect” … “i am not surprised”)

this is our fault, and once we take responsibility for it i think we can change it.

i just feel really bad for kids who wear the Manny Ramirez dreadlocks and for the crowds that chant MANNY MANNY. its all a farce and we are responsible for it….

Hi i’m David
(or insert your name here_​_​_​_​_​_​_​_​_​_​_​)​
and I’m responsible for the state of pop culture

so what do we do about it?
or, do you care?

either answer is fine……

and this all relates to music and art because most of us, again
CANNOT AFFORD TO PARTICIPATE IN ANYWAY in this cheating culture

i mean “professional” athletes clearly must cheat to keep popular cultures interest…… anointed pop stars are products of multi-million dollar ad campaigns that are about nothing more than waving something shiny in front of your face in the hope that you bite…..

where does that leave me and you?
in this case either answer is not fine…

Tue, Apr 7, 2009 at 9:11 AM

Dear Governor Schwarzenegger,

Given that California is an energy progressive state, I would like to present and ask your opinion on implementing new, green technology towards supporting California’s governmental computing infrastructure, specifically, its inter and extra-office networking.

Recently, I compiled an energy efficiency project for my current college campus, Heald College, in Hayward California. Based on some very detailed findings from a recent case study by the Fraunhofer Institute, a German internet and networking research firm, a company or organization can cut their computer network energy consumption in upwards of EIGHTY PERCENT, by considering a switch from a Microsoft networking infrastructure, to an infrastructure utilizing open sourced software, Citrix Virtualization software, and thin net client terminals.

Please take a few moments to review this study’s findings following the link below. I’m confident it will raise some interesting alternatives for the state of California in adopting a green technology infrastructure.

http://it.umsicht.fraunhofer.de/TCecology/index_en.html

Also, I believe green technology networking solutions match well with President Obama’s national green jobs initiatives.

Thank you for your attention.

David Wilson

————-
Governor Arnold Schwarzenegger response
Tue, Apr 21, 2009 at 3:00 PM
mailed-by governor.ca.gov

Thank you for your letter on an issue I take to heart – fighting global climate change. I appreciate you taking the time to share your concern about the impact of global climate change on California.

We know the science, we see the threat and the time for action is now. That’s why I worked with members of our Legislature to pass the Global Warming Solutions Act of 2006 (AB 32). AB 32 established California as a national leader in the fight against climate change. We established a program for capping and reducing greenhouse gas (GHG) emissions, and California is set to reduce GHG emissions to 2000 levels by 2010, to 1990 levels by 2020 and to 80 percent below 1990 levels by 2050.

While California leads the way, we must work with our neighbors in the fight. I’ve partnered with the governors of Oregon, Washington, New Mexico, Utah and Arizona to create the Western Regional Climate Action Initiative, a joint strategy to combat global climate change. Like AB 32, the agreement establishes a regional cap and reduction program for GHG emissions, as well as a framework for developing a similar national program.

To reduce GHG emissions and also decrease California’s reliance on foreign oil, I have established the Low Carbon Fuel Standard (LCFS) for transportation. By 2020, the LCFS will reduce the carbon intensity of California’s transportation fuels by at least 10 percent – the equivalent of removing 3 million cars from the road.

Through our efforts to fight climate change, we can secure both a stronger economy and a cleaner environment for future generations. Our programs promote economic growth by developing green technology. Just as the computer industry and the Internet built the economy of Silicon Valley, green-clean technology can be the next great economic wave for California.

Thanks again for your interest in climate change and for writing to share your thoughts. I truly appreciate your personal commitment to the future of our great state.

Sincerely,

Arnold Schwarzenegger