Tag: Paul Rapp

The Ghetto Chopper T-shirt thing

Was the altered Price Chopper logo protected speech, as a trademark parody?

ghetto chopperThere’s a grocery chain headquartered in Schenectady, NY, near Albany, called Price Chopper, which serves upstate New York, Connecticut, Pennsylvania, Vermont, Massachusetts, and New Hampshire. It was founded in 1932 as Central Market, and will soon be segueing to a new name, Market 32, which I think is boring as heck.

At least one of the Price Chopper stores, the one on Delaware Avenue in Albany, has been dubbed the Ghetto Chopper for years.

While it serves parts of a black neighborhood, it also sells food to the more Greenwich Villagey Center Square section of town. Regardless, the term always irritated me; it bugged a lot of people, but others embraced it.

When a couple of artists, Dana Owens and Chip Fascian, designed a T-shirt emblazoned with the term “Ghetto Chopper”, with an image of a handgun – perhaps as a Photoshop spoof – it created a firestorm of controversy. Writer Amy Biancolli expressed her discomfort, for instance.

The strongest critic, though, was Ken Screven, retired reporter after over thirty years at WRGB-TV, Channel 6, who is now a Times Union blogger. He wrote of the shame of the Ghetto Chopper project and applauded when the Golub Corporation, owners of Price Chopper, filed a cease and desist order against the T-shirt maker. The comment sections on both these posts are lengthy and volatile, addressing issues of what art is, free speech, and hipster racism, among other things.

The arts and newsweekly Metroland wrote a summary of the events, some of which I thought was way off base.

What was most interesting to me in the debate, though, was whether the altered logo was protected speech, as a trademark parody. Intellectual property lawyer/rock drummer Paul Rapp notes:

Trademark infringement occurs only when there is a likelihood of confusion as to the source of a product. No confusion, no infringement. Did any of you think for a second that the Ghetto Chopper t-shirt was produced by Price Chopper? No? Well, OK then.

He goes on with more details, but his bottom line is that he thinks the shirt, had it been made, would have been legal. And I totally agree. If the T-shirt makers had had the resources to take on The Golub Corporation, they might well have won. I feel conflicted between what I find is the cringeworthy nature of the Ghetto Chopper moniker and my librarian leanings towards the open expression of ideas.

Angry people: airline seats, nudies in the Cloud, tobaccoless CVS

The Puritanical “outrage” over nude pictures in the Cloud left me shaking my head.

disk_discs_compact_It’s 4:40 a.m., and if I were an independently wealthy/retired, there are any number of recent topics I might write about. But I’m not. So some scattershot thoughts before they go totally cold.

Reclining seats on planes

I’ve long hated airline travel; it’s a flying bus. The recent spate of fights over someone trying to recline his/her seat, and was inhibited by the person behind, have gotten so bad that three flights were diverted in ten days. This is inevitable, given the fact that the space between seats is getting smaller as the passengers, collectively, are getting larger. Of course, this totally screws up not only the lives of the passengers on those flights but those on connecting flights as well.

Mark Evanier reminded me that airline passengers’ occasional schmuckiness is not just a recent occurrence.

Physical music

Part of the reason I’m strapped for time, actually, is that I switched around three pieces of furniture that hold my CDs. One extremely heavy piece moved, two others replaced, which meant reorganizing almost every disc I own. I am reminded that Jaquandor recently noted that he hadn’t purchased a physical CD in four years, and Alan David Doane said the other day that he listened to an album all the way through for the first time in a long time. Whereas I, obviously an old person, listen to albums, all the way through, all the time, and purchased, or was given, maybe two dozen CDs in the past four years. Yes, I know they may deteriorate over time. Did I mention my vinyl collection?

The moving of these CDs actually made me nostalgic. When I was a new blogger eight or so years ago, Lefty Brown and some of his online cohorts (Greg Burgas and Mike Sterling and Eddie Mitchell and Gordon Dymowski, among others) put together a mixed CD exchange; those discs now have their own section in the new furniture.

There’s some comedy routine that ends with “no one understands the Cloud.” And while technically untrue, I sometimes feel that way. I’ve never been all that comfortable having my music there, and good thing; the stuff I used to have on Amazon seems to have disappeared.

Nude photos in The Cloud

And speaking of the Cloud, intellectual property lawyer/drummer Paul Rapp explains the misrepresentations about pix of Jennifer Lawrence, et al being accessed. I discovered amazingly heated conversations about this topic.

My feeling is that the hackers were – I already used schmucks this post – twerps. Others criticized the (mostly) actresses who stored the pictures and fall into a couple of subcategories: those who thought it was not safe to rely on the Cloud to keep nude photos, and those who wanted to slut-shame those who HAD nude photos of themselves. I sort of understand the former – though this should have known better talk irritated me. But the Puritanical “outrage” left me shaking my head.

As usual, Dustbury has an interesting take on the issue.

CVS bans tobacco

A month earlier than previously announced, the pharmacy CVS decided to ban the sales of cigarettes. The reaction by some baffled me “I don’t smoke, but I think it’s ridiculous. We can’t legislate everything.” Well, no, it’s not being legislated, it’s a business decision, which, in the short term will cost the company millions of dollars in sales.

The major complaint is that they aren’t banning cookies and chips and candy, which can also be bad for you. Sure, but in moderation, it won’t give one diabetes and heart disease, while cigarettes can kill even second-hand smokers. Much of the thread seem to scream about a loss of “freedom”, as though Walgreens and the corner store and thousands of other venues have begun banning them as well.

Gillibrand redux

I’ve mentioned the less-than-tasteful comments made by members of the US Congress toward Senator Kirsten Gillibrand (D-NY). There are shrill calls saying she should be naming names. I don’t. 1) She’s made her point and 2) she still has to work with these guys, and even if they weren’t always using Senate decorum doesn’t mean that she should abandon same.
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Evanier pretty much nailed my feelings about Joan Rivers. Before she got nasty and spent too much time doing whatever schtick she did with her daughter, she was quite funny. The term pioneer is applicable.

On the “importance” scale, net neutrality ranks rather high

The FCC is scheduled to vote on a notice of proposed rule making on May 15, addressing a new net neutrality plan.

NetNeutrality_615pxAfter David Kalish’s book reading at Stuyvesant Plaza near Albany a few nights ago, I was talking to Michael Huber, the Times Union blogs’ cat herder, complaining about the latest threat to net neutrality. This nice lady, standing in line to get PlotnickKalish to sign her copy of his book, had the most puzzled look, and asked, “But aren’t there more important things to worry about?” I sighed and handed her the current Metroland with intellectual property lawyer/drummer Paul Rapp’s article about the issue.

I had been arguing this issue on the grounds of basic fairness of freedom and speech. After reading the FCC’s own statement on the value of an open Internet -“This design has made it possible for anyone, anywhere to easily launch innovative applications and services, revolutionizing the way people communicate, participate, create, and do business – think of email, blogs, streaming video, and online shopping” – I realize that was too limiting an observation.

One might suggest that fighting cancer (the disease the main character in Nester’s book has) or climate change or war are more significant than net neutrality; after all, they are issues of life and death. But Senator Elizabeth Warren (D-MA) said recently:

We don’t know who is going to have the next big idea in this country, but we’re pretty sure they’re going to need to get online to do it. Reports that the FCC may gut net neutrality are disturbing, and would be just one more way the playing field is tilted for the rich and powerful who have already made it. Our regulators already have all the tools they need to protect a free and open Internet—where a handful of companies cannot block or filter or charge access fees for what we do online. They should stand up and use them.

Maybe those innovators will create cleaner technologies, or develop devices to absorb some of the pollutants or invent a better cancer detector. Just maybe those creative folks will make our lives better and safer and smarter.

Is net neutrality less important than other issues? Maybe. But I cannot do anything about cancer or climate change or war in the next ten days, and beyond. The FCC is scheduled to vote on a notice of proposed rule making on May 15, addressing the new net neutrality plan after an appeals court struck down FCC’s net neutrality rule. “The commission will release a set of proposals and asks for public comment on them. It’s the first step in a long process for the FCC to pass new regulations.

And while defenders of the FCC on this topic point out that the new rules haven’t even been announced yet, it hasn’t stopped them from allowing Netflix to bring its concerns about Internet neutrality directly to the FCC. For their own good reasons, they also support the open Internet.

There’s reason to fear a bad outcome: too often, inefficiency is monetarily rewarded.

Broadband providers insist they need to do things like prioritize some traffic in order to deal with network congestion, but that’s bogus. It’s only the non-technical management who makes those claims. Ask the technology guys, and they will quickly say that basic upgrades can easily accommodate all traffic. But the broadband providers are now like the airlines. They could very easily offer a better overall service, but they’re quickly recognizing that by offering a crappy service, they can charge more to get a select few to pay up for a “fast lane” approach. So the incentives are totally screwed up. There’s little incentive for airlines to improve the boarding process, so long as having such a crappy process leads people to pay extra fees to avoid the crappy process.

Those who can pay for the “deluxe” Internet, will. But everyone else, the common citizen, small businesses, nonprofits, libraries, will get a lesser service, likely at a higher price. “Because of the controversy over the proposal, the FCC has already begun taking email comments at openinternet@fcc.gov”. Or direct a tweet to the chair of the commission: @TomWheelerFCC. I shall do so, and I invite you to do likewise.

From Bill Moyers and Michael Winship:

After the meeting, there will be a “public comment” period of 30 to perhaps 45 days before they start finalizing any new rules. Speak up. You have a chance to tell both Obama and Wheeler what you think, so that the will of the people, not the power of money and predatory interests, is heard.

Here’s a sample letter to avoid having the Internet from looking like the other media oligarchies.

And if all this verbiage has confused you, watch this three-minute video.

November Rambling: Legacy of fools, and Facebook rejection

Please move the deer crossing. I had heard this one some time ago, but I thought it was a prank.

I have a friend who actually is in great pain much of the time. But she doesn’t “look” sick, or injured, and people dismiss her level of discomfort. So this graphic is for her.

Troy, who participates in ABC Wednesday, and has designed the last several logos for the rounds, and his wife Diann, have undergone a terrible family ordeal, which they describe in painful detail. Then Troy explains that injustice runs in the judge’s family.

The Unmitigated Disaster Known As Project ORCA, which was “a massive undertaking – the Republican Party’s newest, unprecedented and most technologically advanced plan to win the 2012 presidential election.”

Letter to a future Republican strategist regarding white people. “My name is Eric Arnold Garland and I am a White Man.”

Marriage equality legal precedents.

Paul Rapp believes we’re missing the most important story in the David Petraus case. Also, An interesting letter, which may or may not relate to Petraeus affair; the second letter.

I could list Amy Barlow Liberatore’s Sharp Little Pencil just about every month. Her poem Interview With Sgt. Davis, Kabul, 2012 addresses what we are fighting for, while Bitter Silence is a more personal reflection.

Ken Levine wrote about Social Network Rejection when two or three people unsubscribe from your Twitter page or someone unfriends you on Facebook. I realize that this is a real issue for some people. It just isn’t for me. I did sign up for something that tells me when someone has unfriended me. A couple were people discontinuing Facebook altogether, and the other two were friends of friends I didn’t know personally anyway. I suppose I should care, but I just don’t. Of course, I don’t even go on Twitter anymore unless there is a weather emergency or some other urgent item I feel needs to be posted. The only other things I put there are the automatic posts from my blog. See also this piece.

Levine talked with Warren Littlefield, who was the NBC President of Entertainment during the ’90s and was Brandon Tartikoff’s key lieutenant in the ’80s. Part 1; Part 2.

Levine’s lovely story about Shari Lewis, who I AM old enough to remember.

The grandfather of the Planet of the Apes.

Why People Think Christians Are Crazy.

One Shade of Grey.

Advice to so-called “aspiring” writers.

Chuck Miller: It was a “I thought it would last forever” relationship, and I thought this new prospect would work out. And it did at first. It worked out better than I could have ever imagined, ever in my wildest dreams.

From Y’all To Youse, 8 English Ways to Make “You” Plural, a topic which I touched on almost two years ago. Yinz?

Please move the deer crossing. I had heard this one some time ago, but I thought it was a prank. The woman later admitted she didn’t understand who was being directed by the signs.

The first result for YouTube search of scream of frustration.

Debbie Harry explains how to pogo.

ABBA v. Van Halen

From Annette Funicello to Johnny Carson, via Paul Anka.

EGOT winner Rita Moreno

What if Marilyn Monroe had survived?

Twinkies in the Movies. A couple are NSFW.

Chuck McCann has a joke for you. It’s the one about the guy carrying the crate…

Alan David Doane’s year in review. My only objection is that we’ve still got another month. Unless the Mayans were right.

Dustbury gets older.

R.I.P. Spain Rodriguez, truly a “pillar of the early underground community.”

Basil Wolverton Superhero Comics.

Canvas Sneakers: Cheaper Than A Security Guard

FROM MY OTHER BLOGS, plus

My life: the plan, and the reality

One six-year Presidential term? More snollygosters

Three Myths about Copyright Law and Where to Start to Fix It.

Our church choir performed a concert this month. Here are some pictures; I’m in a couple of them.

GOOGLE ALERTS

Statistics | Roger Green and Associates, Inc. – Significance Testing: What Happens If We are Wrong? It is a critical question in risk assessment. A wrong decision has implications, sometimes small and inconsequential, sometimes …

Sera Cahoone knows what it’s like to have Thom Yorke hold your hands and sing to you
By the time she was in middle school, she was playing drums for gigging bands, and in the early ’90s, she formed the experimental rock band Idle Mind with her friend Roger Green. Although one of the more promising local acts of the time, the pair split …

Angmering family’s fright over Hallowe-en candle bag fire. By Roger Green
Hallowe’en began with a frightening experience for an Angmering family when a candle bag left on a bedroom window sill started a …

Dogs that are lifeguards By Roger Green.

Graphics stolen from Facebook, the latter from George Takei.

August Rambling: Punctuation, Crowdfunding

As someone who has funded a dozen Kickstarter projects, I recognize the insight.

Listen to the KunstlerCast podcast #212: Health & Technology Update. James Howard Kunstler gives listeners an update on his recent health issues, and discusses the importance of advocating for oneself when dealing with medical professionals, rather than taking their word for it.

Keyboard Waffles. (But if they were REAL nerds, they would have spelled nerd’s correctly!)

My favorite new blog: Grammarly, from which the accompanying graphic was purloined. I’m also fond of this description about an English professor who wanted students to punctuate this sentence: A woman without her man is nothing.
The men wrote: A woman, without her man, is nothing.
The women wrote: A woman: without her, man is nothing.

26 Indispensable Writing Tips From Famous Authors.

That’s Progressive, Charlie Brown: On Schulz, LGBT Issues and Integrity.

Arthur links to The Lion and the Mouse II: This Time, It’s Personal,, an interesting essay about “Christian bashing” and LGBT acceptance.

Racialicious Crush Of The Week: George Takei.

Paul Rapp, in writing about Pussy Riot and Julian Assange, notes: “Newspapers used to be the vanguard, the line of defense against any incursions to the freedom of speech. Or at least they pretended to be. They printed stuff they weren’t supposed to, they challenged authority and corporate power, they called out politicians who lied. Newspapers had our back. No more.”

SO BUTTONS: SO MIGHTY a true story by Jonathan Baylis, with art by Fred Hembeck, about Jack Kirby, John Romita, and Thor.

Muppet Thor.

Kevin Marshall believes That botched painting of Jesus Christ is art in its purest form. And maybe it is; it’s generated its own Tumblr page, Beast-Jesus Restoration Society.

Fractured fairy tales.

Saturday morning nostalgia of the 1970s

Someone I know sent me this edition of the comic strip One Big Happy Family. Actually, I have a MUCH better percentage.

Here’s an article about crowdfunding. Even though the topic is Role Playing Games, and I’m not a participant in that world, I thought the discussion about why people do or do not choose to fund a project is right on. As someone who has funded a dozen Kickstarter projects, I recognize the insight.

Saying ‘please’ in restaurants – US v UK, with a link to Lynneguist’s TEDx talk .

A Date With a Countess.

Mary Ann Cotton, Britain’s first recognised serial killer.

I woke up on August 20 to discover that actor William Windom, singer Scott McKenzie and director Tony Scott had all died; my wife had no idea who any of them were, the problem of having a child bride. Here’s Mark Evanier on Windom, though he doesn’t mention either The Farmer’s Daughter or Murder, She Wrote; and Dustbury on McKenzie, who performed one of the most famous songs about San Francisco. The Wife actually has seen some Tony Scott pics, including Unstoppable with Denzel Washington; my favorite of his films is Crimson Tide, also with Denzel. At least she knew who Phyllis Diller was. Thom Wade on Scott and Diller. Also, SamuraiFrog on Muppeteer Jerry Nelson, and more on Joe Kubert by Steve Bissette.

Dinosaur poems, including one by Carl Sandburg.

Status of the Shark Infographic.

Binghamton addresses urban farming, a story featuring friends of mine.

The Doors Sing “Reading Rainbow” Theme (Jimmy Fallon as Jim Morrison).

Take that, Nazi scum! How Moses became ‘Superman’ and other exciting tales from the annals of comic books, a Jewish-American art form.

FROM MY OTHER BLOGS

“Smalbany” is not a pejorative term to me – which was printed in the paper in toto
Nicknames for Albany: “Allah Born” and “The 518″
Let me see your reading list – sorry, not available
Chuck Schumer should can the Yenta/Michael Scott schtick

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