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Well, you know what you're getting with that headline. But it actually gets sadder, if you keep reading. Wisconsin man guilty of dead deer sex February 20, 2008 FROM ASSOCIATED PRESS WAUSAU, Wis. — A state appeals court Wednesday upheld a Superior’s man conviction for having sex with a dead deer. The 3rd District Court of Appeals rejected Bryan Hathaway’s argument that the charge should be dismissed because the law against committing an act of sexual gratification with animals does not apply if they are dead. ‘‘He rather convincingly contends that animal means a living creature,’’ Judge Gregory Peterson wrote. ‘‘However, Peterson pled no contest to the charge. A plea of guilty or no contest waives all nonjurisdictional defects and defenses.’’ Hathaway, 21, pleaded no contest to the misdemeanor a year ago and was sentenced to probation that required him to be evaluated as a sex offender. In January, Douglas County Circuit Court Judge Michael Lucci sentenced him to nine months in jail for probation violations that included using alcohol and marijuana and having unapproved contact with a minor child. Hathaway told investigators that he saw a dead deer in a ditch near Superior in fall 2006 as he rode a bicycle by it. He then dragged it into the woods and had sex with it. ‘‘When I was done, I was upset with myself,’’ Hathaway said in a statement to police. ‘‘I know having sex with animals is wrong. But I can’t help myself and I need help.’’ The appeals court ruled Wednesday that police properly obtained the incriminating statement from Hathaway, rejecting the claim that his constitutional rights were violated. Hathaway was questioned because he was on probation and had returned to a transitional living program in Superior covered in hair and blood with a knife in his pocket, court records said. Hathaway was found guilty in April 2005 of felony mistreatment of an animal after he killed a horse with the intention of having sex with it. He was sentenced to 18 months in jail and two years of extended supervision on that charge as well as six years of probation for taking and driving a vehicle without the owner’s consent. Hathaway had just been released from prison for the killing the horse when the deer incident happened, court records said. Hathaway’s attorney, Jefren Olsen, did not immediately return a telephone message Wednesday.

Thanks for the response. Half the orders are going out today. A couple of holds lifted and a few new items added, including some TOJCs. Don't forget that I will be donating 5% back to the board through Feb. 23rd, so act now.

Earl Hines Once Upon a Time Also put a hold on Milt Jackson's Night Mist -- I wanted this one more but the clerk couldn't price it without his boss, so they are holding it for the week.

Another round of South African literature: Tsotsi by Fugard (bleaker than the movie version if that seems possible) Triompf by Van Niekerk Requiem for Sophiatown In Corner B The Palm Wine Drunkard (not S. African literature but apparently quite interesting and I was already in the African library already ...) Yeah, MG if you're ever in Chicago, you should come visit the African Library housed in the Northwestern Library. It's pretty amazing.

I'm part Danish so was excited to get to go to Copenhagen last year. It was for 2.5 days, mostly spend working, but I wandered the city in the evenings and saw most of the museums. I enjoyed it, but also thought of Copenhagen as a smaller, somewhat duller Amsterdam in terms of the feel of the place. Perhaps if I had gone in the summer when Tivoli Gardens was open, I would have felt differently. Actually, I was only a couple of blocks away from what is considered the red light district, but it was very disheartening. A couple of adult video stores and one prostitute coming onto me. Not too impressed.

I suppose it is a limitation on my part, but I generally do not care for overtly religious classical music with a few exceptions. Messiaen is one of those exceptions, and perhaps it is because his approach seems so unorthodox. I've seen Quartet for the End of Time performed live 3 times and must have 4 CD versions and a few off the radio versions. I like much of his other work as well, but personally find Quartet the most compelling. Maybe later this week I will try review some of these different versions.

While it is plausible that reselling has increased, I would still like proof that it is 5x or 10x or 100x worse than it was in the home taping era (unlike our politicians who make laws from a fact-free zone). As I said before, the law balances all kinds of things, in this case notions of personal property rights vs. reimbursements of artists/labels. If society only cared about the later, then used CDs would be illegal. The same could be said for copyright issues.

And yet, I don't think we have any hard figures on how much more prevalent the reselling of CDs is now that ripping is possible (i.e. making this artificially inflated) versus people that just got tired of a CD, so reselling it was "legitimate." Sure, there are a handful of people who brag about it, but there is just as much anecdotal evidence about people who won't touch the stuff. Frankly, if there was such an epidemic of reselling CDs (as opposed to illegal downloading which is certainly an epidemic), I would expect more used CD stores rather than finding them all shut up. (Granted this is Chicago where rents have been increasing.)

Regardless of the one vs. two issue, if we cared only about the artists, then we would outlaw second hand sales. Even if everyone was scrupulous and refrained from ripping the CD, one used CD might circulate a few times, each time depriving the artist of a new sale.

I've meant to update this list for a while, but have been very busy. This will probably be the last round before they go off to the local CD store around Chicago Jazz Fest. Paypal is best, but I would prefer not to get credit-card funded transactions through Paypal. I'm sure we can arrange something. So I really want to try to ship out the rest. The final deal is buy 3 get 1 free (the cheapest will be free). This applies to multiples as well - buy 6, get 2 free etc. The only restriction is to qualify for the handful of $15 CDs, you have to take at least 2 of them. Shipping will be free to US addresses for 2+ CDs. For 1 CD, add $1.50. 2+ CDs will reduce shipping costs to non-US addresses by $2. If the order is over $50, then I will add insurance to US addresses for free. The working assumption is that I will ship with jewel cases unless you arrange otherwise. Likewise, please arrange berforehand for tracking, upgrading from media rate to first class/express, etc. Roughly half these items were picked up at used CD stores. I have generally not commented on things like small cracks in case, price stickers on case or artwork, holes in UPC, promo markings etc. as I don't notice it much, since doesn’t matter to me. If you care, ask beforehand. I have tried to go through all them and note if I saw minor surface marks or more serious scuffs. If I don't mention the condition in the comments, it should be near-mint. In all cases, the CDs played fine. I’ll try to be responsive, but I can’t really check PMs at work, so it will mostly be done in the evenings. I think that covers everything. Thanks for looking! Eric price (in $) artist name title comments CDs $15 Art Ensemble of Chicago - Tutankhamun (Black Lion) - light scratches do not affect play Muhal Richard Abrams - Hearinga Suite Stanley Cowell - Regeneration (a German import from the time of the original UK import, two minor spots on back but plays great) Don Grolnick - Complete Blue Note Recordings - 2 CDs, small cut in spine. A few light marks do not affect play. There is a scratch on disc 1 but outside the playing area. Fats Waller - A Handful of Keys 4 CD Proper set $11 Billy Bang Sweet Space/Untitled Gift 30 Years of Montreaux Jazz Festival Box set - 3 CDs Byrd Byrd's Eye View TOJC (w/ Obi) $7 $7 Donald Byrd - Ethiopian Knights - Hold Brotzmann Tentet Be Music Night (Okka) Contemporary Quartet plays music of Penderecki (Polish jazz-inflected classical music) Herbie Nichols Project Love is Proximity - Hold Junko Onishi Cruisin' - light marks Michelle Rosewoman Quintessence Archie Shepp Splashes - Hold Archie Shepp Van't Hof Live at Donaueschingen Festival Charles Tolliver Live in Tokyo Trio S [Wieselman/Scarpantoni/Wollesen] Trio S $5 John Abercrombie Rarum - Hold Chet Baker/Art Pepper Complete Recordings (Lonehill) - Disc 1 only (which is The Route and Chet Baker Big Band) Terence Blanchard Malcolm X Suite Terence Blanchard Jazz in Film Gary Burton Collection Gary Burton Generations Duke Ellington Uptown (Columbia France) PeeWee Ellis - Twelve and More Blues - front cover kind of scuffed, CD is fine Herb Ellis/Ray Brown Hot Tracks Avram Fefer Calling All Spirits Sonny Fortune A Better Understanding light marks/sticker on artwork Sonny Fortune Four in One Slim Gaillard Laughing in Rhythm Jan Garbarek In Praise of Dreams light marks Red Garland Red Garland's Piano Roy Hargrove RH Factor Hargrove/McBride - Parker's Mood (Verve) light marks Antonio Hart Ama Tu Sonrisa Antonio Hart Collected A Hart (Novus) Tubby Hayes - Quartet in Scandinavia (Storyville) Oddly the CD label is Teddy Wilson, but artwork and CD itself is Hayes Charlie Hunter Ready Set Shango Jarman/Moye - Calypso's Smile light marks Sam Jones - Right Down Front (Best of on Riverside) Barney Kessel - Blue Guitar on Fuel - a sampler of Kessel's Black Lion material mostly Kessell and Grappeli (hole through UPC) Soweto Kinch - Life in the Day of B19 jazz and hip hop Koglmann L'Heure Bleue - Hold Last Exit From the Board Latin Allstars Last Bullfighter Wynton Marsalis Blood on the Fields 3 CDs Bennie Maupin - Jewel in the Lotus (ECM) Sergio Mendes - Home Cooking Morelenbaum A Day in New York Herbie Nichols Project Strange City Greg Osby Season of Renewal - black box version, marks on CD Brian Patneaude Quartet Variations Dino Saluzzi Responsorium Pharoah Sanders With a Heartbeat Arturo Sandoval Trumpet Evolution Lalo Schifrin Return of the Marquis de Sade Louis Sclavis Dans La Nuit (sealed) - Hold Archie Shepp Van't Hof Fifth of May scuffs Cedar Walton Three Sundays in the 70s Various A Head Like That (BN) Various Jazz Loft Sessions Various Pigs Big 78s (John Peel) Various OJC Sampler - Fantasy Various OJC Sampler - Swingville Various OJC Sampler - Jazzland Various OJC Sampler - Milestone/Galaxy $2 Bobby Hutcherson The Best of Bobby Hutcherson (BN) light marks Bob Belden Black Dahlia Johan Horlen Chills John Hassell City light marks Eero Koivistoinen X-Ray

Yeah, 'specially Dubya managing to fall off his own bike and then a Segway. Didn't think JQA was all that impressive, probably would have moved Jackson into that slot and probably promote Lincoln.

One never knows about these things, but according to EFF (as of Jan 22), the copywright extension had failed: EFF Today I have good news -- thanks to your phone calls and emails to the right MEPs, the proposal was defeated! The Electronic Frontier Foundation's Danny O'Brien sez, Just got word from the European Parliament all three of the filtering/copyright extension amendments were defeated or withdrawn in the committee vote. We're still waiting on the official record, but if that's true, it's an amazing victory -- one was originally proposed by the original author of the report, Guy Bono himself, one was voted in by the powerful industry committee, and one was drafted by an EPP-ED member, the largest bloc in the parliament. We're sure copyright extension, ISP snooping, and any number of foolish policies will pop up again in the EU process or national governments: but together we'll kick them out every time.

I'm no lawyer, but I'd guess it's stated in the same place where you can find the permission to even make that "copy for personal use", no? They don't put that on the CDs either. Ok, this is from Electronic Frontier Foundation, so you know where there biases are. While the Betamax decision is largely irrelevant to ripping MP3s, the RIAA v. Diamond Multimedia decision is timely. It was a 1999 decision from a federal Appeals Court which has not been overturned. Wikipedia is also very interesting: Wiki copying Perhaps this is too opaque, but the general feeling is that fair use doctrine (in the US) does allow for ripping CDs you own (a non-infringing use), even though RIAA is not going to print this in CD booklets. The ruling would not cover CDs you do not own. However, the law is silent on cases where you have ripped a CD you own and then the CD is damaged to the point it must be discarded. Taken to extremes, one might time-shift a song past the point where one owned the physical copy (i.e. sold it to a second-hand store) and be covered, though this has not been litigated. In practical terms, it is a moral issue and not a legal one, given the loopholes in the law and that RIAA focuses on Napster-like sites. Just a note that Canada (like Italy) also collects a fee on blank CDRs to reimburse copyright holders.

I have been reading a cartload of South African literature for a paper I am working on. I've actually never read Paton's Cry the Beloved Country before now. I enjoyed it quite a bit. Then I read more obscure novels such as Welcome to Our Hillbrow, Ways of Dying, and now Tsotsi (the last one was made into a movie). Generally kind of depressing. For the most part, the evil tidings hinted at in Cry the Beloved Country came to pass and the later novels are soaked in fear and violence: Black on White, White on Black and Black on Black.

You can agree or (obviously) disagree, but jazzshrink is drawing a distinction about someone being wilfully defiant, even celebratory about their drug use (compared to jazz musicians who were drug addicts but tried to keep it on the down low), and thus not wanting to support that kind of art. FWIW, Amy's parents have asked the public to stop buying her records and giving her awards until she truly cleans up her act, so they do see there is some connection.

I saw the new "opera" Ainadamar by Golijov, performed by the core cast of Dawn Upshaw and Kelley O'Connor here in Chicago. First up, I should admit that I hate opera. I've seen 4 or 5 and never enjoyed them. I've really tried listening to a couple of the Russian ones where I care for the composer (Prokofiev, Shostakovich) but can only enjoy the instrumental suites pulled from them. I don't know what it is exactly, but probably the artifice and the elevation of the voice to an instrument in contrast to the fairly insipid content of most arias. It's the same reason I don't like wordless vocals in jazz. So I had pretty low expectations (only went because it was part of a subscription series), but it was definitely more interesting than I thought it would be, precisely because there is such a mixture of Spanish rhythms, even a touch of jazz in the score, some electronic sampling, and the music was definitely foregrounded. The orchestra play on the main stage (not in a pit) with the singers standing in front of them. I could even see listening to this again. Of course, most opera purists don't like this and call it a PC mis-mash, but that's probably exactly why I found it listenable and very enjoyable in spots.

My laptop died a while back. An IT friend was able to save most of the data on it, so that wasn't nearly as bad as it could have been (and I do back up but certainly not everything). I ordered a new ThinkPad, which arrived yesterday. The main reason I went with Lenovo is that they were one of the few places you could still order a loptop with XP loaded and not Vista! This situation will probably last another 6 months and then they too will give in to the pressure of not selling non-standard IBM platforms. Of course, there appears to be a real backlash against Vista (much greater than with XP), so who knows.

Forgot to post this a few days ago. Charlie Haden's Quartet West recorded live for BBC Radio 3. Should be accessible for roughly another two days: Charlie Haden on BBC3

I'm on my second. I went ahead and got one with extra pages, though I don't think I will use up all of them. I did make it to about 10 countries in a 18 month span. But I suppose we are not a typical American family, my 3.5 year old and my 1 year old have passports!

What the hell. They can play Ann Arbor and Columbus, but they can't play Chicago? They would have been a perfect fit at HotHouse, but of course that is gone. I also like Stoa and have listened to it quite a bit over the last month. I will get the new one fairly soon, though I probably would have bought it sooner (at their show) if they had come to Chicago.

Yes, they have a lot of episodes (123): ISIRTA. I don't know if that is the complete run or not. Wow! That is really interesting. And you get a hell of a lot for your money. What is an mp3 CD? Can I play it in my normal CD player (which doesn't accept SACDs)? Or is it only playable on computers? MG No it won't play on a normal CD player. It will play on most MP3/CD hybrid players and on all computers. Of course, you can extract the mp3s are play them in an iPod or other stand alone mp3 player. Actually many DVD players can play mp3 CDs, but not all. You could always take shows you really liked and burn them to a CD (the compression won't get better of course) but that would be kind of labour intensive.

Yes, they have a lot of episodes (123): ISIRTA. I don't know if that is the complete run or not.

Well, since there will only be one US music company in the future, that might be possible, though they would charge $750 for it. And a week later Lonehill would come out with the same thing for $25. Actually that reminds me that there is an outfit on the web that sells complete runs of radio shows as mp3s on a CD for about $5. I haven't ordered any yet, but I was pretty seriously thinking about getting the Benny Goodman shows (Madhattan Room and Camel Caravan among others). And if the quality is listenable then maybe some of the comedy or mystery shows.

Well, since there will only be one US music company in the future, that might be possible, though they would charge $750 for it. And a week later Lonehill would come out with the same thing for $25.

Not really a big sports fan. I think the vast majority of athletes are ridiculously overpaid, immature whiners which really dampens my interest in sports. And in Chicago at least management seems immune from taking any responsibility or facing consequences for what seems like 10 years of poor draft choices and talent evaluation. On top of everything else, I detest the corporate blackmail team owners put on cities to build them stadiums, then they skip town anyway. Too bad there is not a federal law forbidding tax payer money to go to support professional sports teams. In my dreams I guess. But I have a soft spot for the Red Wings (and hate the Blackhawks). Also like it when UMichigan teams do well (and dislike but not quite to the point of hatred OSU). I liked the way the Bulls were finally coming together, but now this season they're a bunch of whiny slackers and I can't stand them anymore, except for Noccioni. I do sometimes quietly pull for the Packers just cause it riles my wife up. I think a Green Bay-Patriots Superbowl would have been terrific. I guess that's pretty much it.