Author: tunequest

Let’s Speculate: Apple vs Cisco in the courtroom

What’s more fun than speculating about the outcomes of court cases? Well, most everything. But it does pose an opportunity for a healthy debate. So let’s play What If…

What might happen if Cisco and Apple in up in the courtroom?

Leaving aside for the time being that “iPhone” is a pretty weak name for a product that’s much more than a simple phone, it does appear that Cisco has been the proper registrant of the iPhone trademark since 2000. Based on my understanding of trademark law (note: not a lawyer), there’s no legal mechanism for Apple to seize the mark for itself.

However, Apple’s argument seems to be that the product category of cell phone is sufficiently different from Cisco’s offerings that it’s not infringing at all. That’s the reason why Dodge Viper and Viper car alarms co-exist peacefully, even though they exist in the same industry. However, considering that the iPhone is more than just a cell phone (revolutionary communications device that uses WiFi and IP when available) I’m not sure a judge would agree with that claim.

So based on what I know (again, not a lawyer), here’s what I think could happen, if the two companies don’t settle out of court:

Judge agrees with Apple

In this situation, the court decides that the products are not enough alike and Apple’s use of the name does not constitute infringement of Cisco’s trademark. Both companies can then legally use the same name on different types of products. Cisco cries a bit and is prevented from offering a product similar to Apple’s iPhone.

Judge agrees with Cisco

The reverse happens. The distinction between the products is held to be too fine and the iPhone name is deemed to be exclusively Cisco’s mark. The company is possibly awarded damages. Apple then has to negotiate for use of the name, or rename its product.

Judge rules that iPhone is too generic for trademark protection

Wired Pete at Cult of Mac makes the argument that because “the public,” after months of speculation and fantasizing, already identifies the iPhone name with Apple.

One could make the argument that the incredibly small portion of the general population that trades rumors about future Apple products hardly makes up “the public,” but lets run with it. Popular sentiment would not be sufficient grounds to award an exclusive trademark to Apple. In this case, a judge could rule that the trademark is now too diluted and generic for any one entity to own. “iPhone” would then mean “any kind of internet-enable communication appliance” not any one specific device.

Apple is not likely to argue this. “iPhone” would not mean much to the company then and any other company could release a similar product with the same name. Plus, it could lay the groundwork that i- product names in general are too generic to trademark protection. Admittedly, that’s my largest legal stretch, but once again: not a lawyer. Feel free to debate it though.

But that all just fun speculation. This is not likely going to make it to court, but it is providing a lot of press for both companies.

That’s my take. Feel free to kick it around.

Update Jan14: Check this post at TechnicallyTrue for lots of deep background on the iPhone fight.

Initial reactions to Apple’s iPhone: Mixed

So the mythical iPhone was unveiled yesterday and by all accounts, it is a revolutionary communications and portable computer device. The user interface alone is light years ahead of anything else on the market. And the technology behind it really looks phenomenal… for a phone.

But even with all that legendary RDF action in effect, my own reaction is surprisingly lukewarm. Bias Alert!: I abhor the telephone in general and mostly use a cell phone for short calls to my wife. On most days, I don’t use the phone at all. So that aspect of the device is rather immaterial to me at this time. If I didn’t already have a cell phone, that feature would be a nice perk.

As a portable computing and communication device, the thing looks awesome. When I think of it as a portable computer the $499 price tag doesn’t seem as bad just a little bad, even though it’s not a “full computer,” being currently limited to the apps provided.

Constant web connectivity would be great for looking up info at any given moment, whether it’s looking up traffic while already on the road, settling disputes at the bar, or checking the Scrabble database of words.

The ability to live-blog an event with pictures is revolutionary.

Some questions though. Can it print? Will the device detect a bluetooth printer and allow me to print an email, text message, map or photo? Can I network with computers and other iPhones on the same LAN via WiFi? I know I can text message and send email, but can I type up quick reminders and notes and transfer them between computers. Can I copy files to it directly without having to email?

A GPS receiver plugged into the dock connector would be a killer app. And a PDF reader for ebooks would be, quote, da bomb.

Ironically though, the thing that bothers me about the iPhone, is its branding as an iPod successor. With its current storage capacity, the device takes us back five years, while trying to perform many more functions.

The iPod’s ability to hold mass quantities of songs (and now videos) while also being usable as a portable hard drive are the two greatest features of the iPod line (the full size models anyway). The iPhone minimizes those functions. The argument can be made that it’s impractical to listen to 30GB of music, but that’s not the point. The point is choice. I like being able to keep a large number of playlists synced up and ready to go, depending on my mood, at the push of a button. Alternately, it’s fun to press play and not know what I’m going to get.

Then there’s the fact that I use my iPod to cart large files between home and the office as well as store copies of projects I’m working on so I can pick up from whatever computer I may be near.

And 4GB is laughably small when thinking about full-length movies and TV shows.

So that aspect of the iPhone leaves me non-plussed.

However, I tend to agree that the concept of the iPod proper maybe near the end of its evolution. The form factor seems to be at the limit of what it can do with the only potential improvements being increases in hard drive size.

Now if the iPhone can stream music to an Airport Express, then we might talk. Which leads to another thought: an iPod HiFi with built-in 802.11 wireless, WiFiHiFi anyone?, to receive music from an iPhone or any wireless equipped computer with iTunes. That would be rad.

Until then, I think the 80 gigs in my pocket will do just fine.

Best of tunequest: Top 10 discoveries of 2006

When I began the original tunequest in February of last year, I had ~6000 songs in my iTunes library that had a play count of zero. Part of that list consisted of old CDs that just hadn’t been played since they were digitized. A good number of them were the result of over-zealous music collection and exploration. That was one of the reasons I decided to undertake the endeavor in the first place.

By the end of the journey, every one of those songs had been played and a good number of them had been rated as well. Of those, 122 songs received a five-star rating after only a single play. About half of those were well-known songs from yesteryear. From those remaining, I whittled down the ten newly discovered or unearthed tracks over the course of the tunequest that had the highest impact on me.

Here they are in no particular order.

Ratatat – Noose – Live at Lee’s Palace Toronto 2004

I first heard this song on a CBC Radio 3 Internet stream, which is the version presented here. It’s the b-side to the Germany to Germany single and I liked it so much, I, a) captured the entire show and, b) instantly bought it from iTunes. Along with Ratatat’s Wildcat, the single from their 2006 album Classics, this is probably my favorite track of the year.

[audio:070109Noose.mp3]

Sonic Youth – Incinerate – from Rather Ripped

Rather Ripped is Sonic Youth’s latest new release, having come out last summer. This song is the perfect example of the ” radical adults’ ” effortless melodies and

[audio:070109Incinerate.mp3]

Pearl Jam – World Wide Suicide – from Pearl Jam

Pearl Jam came back into my life last year, after having been relegated to background noise for many many years. It comes in the form of renewed appreciation for the group’s back catalogue as well as the latest album, the self-titled Pearl Jam, and this, it’s lead single.

[audio:070109WorldWideSuicide.mp3]

Les Baxter – Oasis of Dahkla – from Tamboo!

A song I’ve had digitized for a while, but somehow never listened to. Les Baxter’s smooth and exotic compositions and arrangements have been perennial favorites around here. Oasis of Dahkla is lush and melodious, just like I like it.

[audio:070109OasisOfDakhla.mp3]

Titel – Klaus Doldinger – From Das Boot

A soundtrack that I acquired several years ago, but resisted listening to it for fear that I couldn’t relate to it. What a mistake! Methodic, pulsing and indelibly thematic, Klaus Doldinger’s main title score to this 1981 film is captivating.

[audio:070109Titel.mp3]

Stereolab – Pack Yr Romantic Mind – from Transient Random-Noise Bursts With Announcements

I’m a big fan of Stereolab’s later releases with their heightened pop sensibilities and have traditionally shied away from the groop’s more expressly noise-influenced early records. Though the production value isn’t quite what I expect from the band, the somber beauty of this song, from their first proper album, quite surprised me.

[audio:070109PackYrRomanticMind.mp3]

Joe Hisaishi – Sootballs – From Spirited Away

Hisaishi’s score are as breathtaking as Miyazaki’s animations. This song from 2001’s Spirited Away is full of playful mischief.

[audio:070109Sootballs.mp3]

Blondie – Sunday Girl – from Parallel Lines

For whatever reason, I had never listened to the second half of Parallel Lines, other than Heart of Glass of course. This song is pure pop bliss and I’m bummed I missed out on it for years.

[audio:070109SundayGirl.mp3]

Stravinsky – Scene 1 from Petrushka – performed by the London Symphony Orchestra under Abbado

This ballet by Stravinsky, composed in 1911, is simply marvelous and the opening legerdemain scene at the Shrovetide Fair is quite engaging.

[audio:070109PetrushkaLegerdemain.mp3]

John Barry – James Bond with Bongos – from From Russia with Love

If you thought James Bond was cool before, wait until you hear that famous theme slowly dissolve into some uber-smooth slacker jazz before 007 is put in danger once again. From THE master, John Barry, doing what he does best.

[audio:070109JamesBondWithBongos.mp3]

Why December is the Most Musical Time of the Year

I recently had the realization that December is the best time of year to discover new music. This notion came as a recognition of a couple of trends that have been building for the past few years.

Firstly, I’ve by-and-large stopped paying attention to the cutting edge of artists and albums. In fact, unless an artist already has a trusted relationship with me, I’ve essentially been ignoring them, no matter how highly recommended or heavily buzzed they may be. When you have 14,000 gems in your collection already, there’s not much incentive to grasp onto every new upstart trend. However, it’s not that I’m staid; I really do enjoy discovering new, interesting and talented acts. I just tend to wait until the glow has faded before checking them out.

The result of this practice is that I tend to be about a year behind the scene, save for those trusted artists. While the bloggy-blogs are talking about what’s hot right now, I’m busy investigating last year’s music, or off on my own musical tangent.

The other effect is that I usually end up avoiding artists whose “buzz” makes them seem momentarily more appealing than they rightly should. That is to say: I avoid peer pressure.

Take, for example, The Strokes. I didn’t start listening to them until well after their status as “saviors of rock” had eclipsed. Once the buzz had died down, I was able to evaluate their music on my own terms. In the absence of external influences, I believe I found a truer appreciation of their music.

Contrast that to Arctic Monkeys. About a year ago, this group of British teenagers came out of nowhere with a heavily-buzzed debut record. With favorable online musings and a hearty recommend by KCRW’s Nic Harcourt, I decided to give it a listen. I guess I got caught in the excitement, because I initially thought that the album was pretty good. Not mind-blowing, but competent enough to hang on to.

After being sidelined by the tunequest, I picked up the album again a couple days ago and honestly, I don’t know what I was thinking because it wasn’t really as good as I remember it being. While the boys are technically proficient and produce some moderately engaging rock music, everything from the album cover, to its name Whatever People Say I Am, That’s What I’m Not, to the songs’ lyrics reeked of a kind of amateur misanthropy. I couldn’t help but be struck by the idea that the band is a new-millennial Silverchair.

So perhaps I was lead astray by that one.

Which brings me back to December. Throughout that month and into January of the next year, everyone begins compiling their various “best of” lists, whether it’s Rolling Stone, a blog post, or even a torrent file of great songs or albums. With an attitude toward the retrospective, these lists act to filter the explosive amount of new material released each year. As time has passed, each list presents a more critical look at each record than would normally be given when the hype machine is in full effect. As the long tail keeps demonstrating, the number and variety of lists is breathtaking, from Rolling Stone’s more mainstream list, to ArkivMusic’s best classical, to any random blogger’s most underrated albums of the year.

And so it is right now. It’s the end of the first week in January and my list of bookmarked albums looks daunting. But I have to remember that I have the rest of the year to explore it. Early indications say 2006 was a great year in music.

And by 2008, I’ll have a whole new list.

It’s the Orpheus Express and we’re heading right down to Hades, ladies

japanic

One cold night, during the very cold December of 2000, I found myself at the original Handle Bar myspace warning in downtown Pensacola. Dilapidated doesn’t even begin to describe the place, but its rundown condition gave it the perfect character to be a favored destination for the town’s surprisingly robust hipster set, until it burned down in 2001. don’t worry, the handle bar was rebuilt in a new larger building in the same location that’s actually a much better music venue.

The venue was, and continues to be, an iconoclastic home to PBR drinkers and is one of the handful of places in town where independent, unsigned and local musicians can perform their music. On this particular winter’s night, I and a friend from high school (as well as some of her friends) were in attendance of this band who were touring in support of their debut album. Their name was Japanic, a strong enough band name, though I had never heard of them. That night, I wasn’t all that interested in live music, as I was enjoying a mellow hang out with friends. So I was a bit irked when the band started playing and my companions started moving away from the corner Gauntlet machine and toward the stage. Though, the performance space was so small that it was only a matter of steps from the arcade to the stage.

The band rocked pretty well, a quintet producing a kind of keyboard/synth-laden funk rock, like if The Breeders were new wave and danceable with perhaps a hint of Pink Floyd sprinkled into the delivery.

At one point during the set, while the band was breakin’ it down, Tex, the singer, hopped down from the stage and started dancing among the 20 or so gathered people. He also happened to be dancing right next to me. The beat was infectious, and so was the fun he seemed to be having. But I can’t dance, at all. So I upheld the dignity of us both by maintaining my “stoic music appreciation” headbob-and-stare.

All in all it was a very good show, but as is the case with so many upstart bands, I expected to never hear of them again. Thus, it came as quite a surprise that, a week later, I was riding with another friend and discovered Red Book, Japanic’s album, while flipping through the CDs in her car. She was bummed when told her that they’d been in town and she had missed the show, but she let me borrow the CD, a favor for which I am infinitely grateful.

After that, the rest is history. I never did hear anything more of Japanic. At this point, it’s incredibly hard to dig up info about the band, but Space City Rock’s Houston Band Graveyard tells me that the group broke up sometime in 2003, after releasing a second album titled Social Disease. i’ll have to track down a copy of that.

Still, these six years later, that short-lived band continues to fascinate me.

Presented for your enjoyment, Japanic’s signature tune: Orpheus Express, which sounds like the funnest damn trip to hell and back there ever was:

[audio:061226OrpheusExpress.mp3]

Download a live version of Orpheus Express, found on Austin’s KVRX’s “Unlimited Bandwidth” Local Live Vol. 6.

Red Book at Amazon
The Social Disease at Amazon

An echo from this Christmas Past

santa crooning

This holiday season just past, a new Flash greeting made the rounds. You probably received it at least once (and possibly more) from someone you know. It featured an animation of Santa Clause and a handful of reindeer crooning White Christmas.

It was cute, in that way a lot of those Flash greetings are. But it was the song that really made it work. This particular version was performed by the Drifters and was recorded circa 1953.

If you’d like to have it around for next holiday, it’s available for quick downloading from the iTunes Store.

Cue hard drive failure… Now

Like clockwork, each January means the end of Christmas decorations, the onset of the full desolation of winter, learning the motor-memory of writing a new year and, of course, a sudden, massive hard drive failure. Every year since 2001 it has happened to me, always to my external music drive and always in January.

It’s quite comical, if you have the right sense of humor.

Then it should not have been a surprise to me that, once again, right on schedule, my music drive crashed last night. I was politely updating my iPod, having devised a new experimental listening scheme for the new year. As it would take several minutes to copy the several thousand songs, I decided to have a quick shower.

When I returned, I found my desktop in an unusual state. iTunes was no longer running. Mail and Safari were quit as well. The three FireWire volumes that I normally have mounted (including the music one) were missing and LaunchBar’s command area was active, as if the computer had been restarted.

I had no idea what caused that state of affairs, and still don’t. But I sensed danger, so I decided to do my own restart, which went smoothly enough. Until it was time for the external drives to mount. Two of them did; one of them didn’t and I’ll let you guess which one.

Disk Utility was of no help, failing immediately. It could see the drive, but attempting repair resulted in a message similar to “The underlying task failed on exit.” Whatever the problem was, the drive’s directory looked like it was in bad shape. Fortunately there is a god whose name is DiskWarrior. This diagnostic deity has raised many drives from the dead and after a few minutes, he had raised one more, rescuing my music from binary oblivion.

From there, the iPod update went well, other than about 40 songs that did not make it back from Hades. However, having gotten accustomed to these failures, I’ve become the king of backups. Twice nightly, Synk, the handiest little backup program I know, copies my music volume and other important data to a dedicated backup disk. Some quick drags-and-drops and even those handfuls of missing files were replaced.

Though I still don’t have a clue what caused the malfunction, I gotta say that the experience really wasn’t that bad. Much better than past years. However, despite all my preparations, this is one New Year’s tradition I would rather not repeat.

And even though I didn’t have to make full use of mine, remember that lesson kids: Backup Backup Backup.