They are Penn State...Too

There was an article in the Times about Penn State's football team and how, to fundraise, they have to clean the seats at Beaver Stadium after football games.
I think this is wrong. The football team (except this year, when they are being punished for alleged misdeeds) does not have to clean Beaver Stadium after the game. I realize that the fencing team does not generate the same type of revenue for Penn State that the football team does. But, it strikes me that Penn State could invest some of the vast fortune that football generates and put it into the fencing team (and other "minor" sports). The fencing team, after all, had a better record than Nittany Lions Football last year. Of course, then Penn State will have to hire someone to clean the football stadium, rather than using free slave labor from the fencing team.
A disclosure: In high school, I was on a fencing team, not a football team.

Red Cross Sued for Trademark Infringement

According to this BBC article, Johnson & Johnson is suing the Red Cross for trademark infringement. Apparently Johnson & Johnson owns the red cross that Red Cross uses as its symbol. Johnson & Johnson believes that the Red Cross is violating the agreement that it entered into by licensing the red cross to other companies, who are selling Red Cross-endorsed first aid kits.
A copyright/trademark attorney friend of mine tells me that Johnson & Johnson is going to lose, because the trademark does not make people think of Johnson & Johnson and really doesn't have a particular meaning.
I had no idea that Johnson & Johnson owned the trademark for the Red Cross. Prior to reading this article, If you had stopped me on the street and asked me who owned the trademark to the red cross, I would have answered the Red Cross.
To me, if I see a red cross, I either think of first aid or I think of the Red Cross. I certainly don't think of Johnson & Johnson. I think of Johnson & Johnson when I see the script Johnson & Johnson.
Perhaps that's why the Boy Scouts don't use the red cross for the first aid merit badge.

The meaning of the word "Yield"

I've been driving back and forth between Chambersburg and metro Washington, DC recently and have noticed that there is a particular intersection that people seem to have problems understanding the meaning of a yield sign. The intersection is I-81 and I-70, going east on I-70 towards Frederick/Baltimore. For Dicksonians, this is the intersection that you'd go through if you were going to the Hagerstown outlets.
Anyhow, I-70 is essentially three lanes at this point, with one lane being a segregated lane that is meant to just be used by traffic getting on from or off onto I-81. I go around the cloverleaf from I-81 south onto I-70 going east and am in this third segregated lane. This lane will end shortly after the intersection (it merges with I-70 east) so I have to be at highway speed or close to it. Shortly before the third segregated lane merges with I-70, traffic from I-81 north merges in, at a yield sign. There is no merge area. The yield sign tips people off to the fact that there is no merge area. Despite this, people come into this intersection and expect me to yield to them.
A yield sign means that you may proceed if the way is clear. It does not mean that you can proceed if in so doing you'll require another car to apply its brakes hard (or, technically, apply its brakes at all) or take evasive action. Yet, at this intersection, people seem to take it that way. If you have to stop at this yield sign, because there is no merge area, then you have to stop.
Of course, I'm not going to prove my right of way to them, sure, I may have the right of way, but I'll also have a car in an accident, with all the hassle that comes with. So I've just learned to watch other cars at this intersection.
Of course, why Maryland thinks it is a good idea to have no merge area where two interstates merge together is another question, but that's for another blog entry.

Apple Quality Control

Compared to Microsoft, Apple has serious quality control problems with their software/system updates. For many of the updates that they release, there are significant problems with them. One firmware upgrade caused my computer to become unbootable, requiring me to hold down a combination of keys on my keyboard to make their computer useful again, if Apple Support knew that trick (which they didn't, they made me send my computer in for service). One of the updates caused my computer's speakers to make popping noises (it wasn't just my computer's speakers, other people had the problem too). Apple resolved this problem with another update. Another update caused people's optical drives to stop working. Apple removed that update. Yet another update causes applications that were not specifically built for Intel-based processors (Rosetta applications) to stop working. I could sympathize with Apple (somewhat) if these were caused by obscure applications. But they're not. Many problems occurred directly with Apple's hardware. (The first three problems I've listed). While Apple may have come out with with Intel-native applications, there are certain applications -- for example, this obscure application called Microsoft Word -- that run on Rosetta. I'd like to give Apple the benefit of the doubt, but it is now at the point where if I see an update, I wait a week for Apple to iron out the bugs before I install it. For Microsoft updates, on the other hand, I install them instantly on my PC and, knock wood, have not had a problem with them.
Microsoft does not control the hardware that its updates are installed on, and yet still manages to have very few serious problems with their updates. Apple should improve.

Summer Reading Suggestions

I surfed into this website recently. It's published by the University of Texas at Austin, and has a list of summer reading suggestions. Kind of nice of them to go to the effort to get all these suggestions together. At the bottom of the page are links to previous years' lists.

Avril Lavigne Plagiarizing?

People are saying that Avril Lavigne plagiarized her latest song "Girlfriend" from an obscure band from the 1970s. There's an article discussing this on CBC. (Be forewarned, the video that this article links to, at least the quicktime version, is rather loud) Her manager claims there is "no basis" at all, but I disagree. The chorus seems pretty similar, in my opinion. I wonder if whoever wrote the song gambled that because the band with the song was so obscure, they could get away with it.

Small Towns, Long Term Residents

I saw an article in my town's local newspaper about how this year's summer concert series on my high school's lawn will be dedicated to the memory of Donald Luckenbill. He was a music teacher in the school district from 1944 to 1980. Although I never had Donald Luckenbill as a teacher, I sang a song by him in elementary school (essentially an ode to Sagamore Hill, home of Teddy Roosevelt) and later played that song when I was a member of the Oyster Bay Community Band. I also played Christmas carols and Hanukkah songs that he arranged when I was in the boy scouts and performed at a kresh/memorial lighting.
I guess I'm writing about this because I really enjoyed growing up in my town. It's small enough so that my middle school band teacher had my third grade teacher when he was in kindergarten. This teacher could also point to a portrait of a basketball team hanging on the high school wall and point out his father on the wall.
I was at a meeting with the elementary school's principal while I was in high school to discuss a fundraiser that the club I was involved in was doing. He said, so, [D], your parents are long term residents, right? And without really thinking, I said yes. Looking back, I also don't know what this had to do with fundraising.
Afterwards, though, I realized that it all depended on how one defined the word "long" in long-term resident. Sure, my parents lived in East Norwich since right before I was born, but we're certainly not one of the "generational" families that have lived in Oyster Bay/East Norwich since the Revolution, or even since before suburbanization. In some ways, Oyster Bay is different from other towns on Long Island. Unlike other towns, it has a history of its own, and wasn't just potato farms until the suburbanization boom of the 1950s.

Free Music from Smithsonian Folkways

There is free music from Smithsonian Folkways (downloadable as an MP3, no signup or registration required) at this link:
http://www.smithsonianglobalsound.org/freedownloads.aspx
Right-click on the MP3 link to download them.
Check out Rabbit in a Log by The Stanley Brothers. It has some wicked good banjo picking.
One of The Stanley Brothers is Ralph Stanley, who did the "O Death" song in O' Brother Where Art Thou (this is the scene during the KKK rally)

A Spider, a Swan, and Another Spider

I was at the public library the other day and was flipping through a biography of E.B. White (author of Charlotte's Web) There was an interesting discussion of how, originally, Fern (the girl in the story), was not going to be featured so prominently, so he originally planned to start the book with what is now the opening scene of Chapter 3, at the barn. It also had pictures of drafts of the book that he had typed up and scribbled on, which I thought was kind of neat, to see the original wording and see how he had changed it.
The biography was critical of The Trumpet of the Swan. I enjoyed The Trumpet of the Swan when I was growing up, partially because I played the trumpet when I was younger, but also because E.B. White is just a talented writer. Louis' father is funny in that book.
And now, for "Another Spider," as promised in the blog post title.
When I was looking at my car in the hotel parking lot in Washington this weekend, I noticed a spider web on it, in between the spare tire and the side hinge of the door. I drove back to Chambersburg and discovered that the spider was still there (after hurtling at over 65 mph on the highway). Impressive. It spun a web between last night and today. I wonder what it thought when the blue "rock" that it had spun a web on started to move, and then was hurtling down a highway with other "rocks" at amazing speeds. (Probably nothing, since spiders don't think, but it's still impressive that it stayed on my car)

The Beatles in Court

A defendant wrote: "Like the Beetles say, 'Let It Be.'" when asked how he should be sentenced. The judge in his case, in Yellowstone County, Montana, wrote a two page opinion in which he incorporated many Beatles songs. He also took the opportunity to correct the defendant's spelling of The Beatles.

A Little Civ Pro Does a Body Good

There was an interesting Supreme Court decision published Monday where Philip Morris tried (and failed) to argue that because it used the government's method of testing cigarettes, it fell under a statute that allowed removal to federal court when someone acted "under" a federal officer. The opinion talks a lot about federal officers being accused of murder during prohibition and using the statute to get their murder cases removed to federal court. I'm not entirely sure how I feel about this use of the statute, although I suppose the climate was different then and states had less respect for the federal government than they do now. A federal court (and its jury) might have more sympathy for a federal agent than a state agent would.
The opinion is pretty short and worth reading in my opinion. Who knows, maybe it will be used to torture first generations of law students for generations to come.

Oh, Dickinson

It looks like Dickinson messed up with their temporary facilities, since they are waiving the fee for transfer applications. To me, that means it is a fair bet that they suffered a high attrition rate from the 1L class. Not that I blame them, I'm not sure how much I would have liked going to school amongst the truck stops.

Dell Windows Install Disks

I read on this blog that Dell -- one time only -- will give you a copy of the installation disks that came with your computer in case you lost them. I'm not sure if they charge you for the install disks (I don't see a discussion of payment on the initial page for it, and I'm not going to type in my information since I have the install disks already and I'd rather wait until I've lost them before ordering them)
Yet another reason I like Dell.

40 Years Since Anti-Miscegenation Laws Were Banned

Sometimes it's hard for me to believe that the US (in particular the South) was so different forty or fifty years ago, with segregated schools, anti-miscegenation laws, etc.  Today marks the fortieth anniversary of Loving v. Virginia (which banned anti-interracial marriage laws).  

When I was in law school, I always liked Loving because it was an easy case to remember (Loving = Marriage)

Anyhow, the NPR story talked about how far we've come and how far we have to go.  They talked about an interracial couple and the challenges they face.  The white wife was probably still racist (or at least used stereotypes about African-Americans)

I've realized how far we have to go as well.  My neighbor used the n-word the other day, and that has made me even more eager to get out of Chambersburg. (I'm assuming my neighbor doesn't read this blog)

Surfing in Cupertino

I wanted to come up with a somewhat creative title for this blog entry about Apple Safari entering the Windows market.  

This blogger has much more authority than I do about Safari's market prospects, but my initial thought is that unless it offers something unique, it's going to have a hard time gaining widespread popularity among people other than techie-computer users.  The only thing Safari does is surf the web, and unless it has a "killer" feature, I'm not sure what its market prospects are.  Firefox came on the market and gained widespread popularity partially because Microsoft had so many security problems. Firefox has a reputation for being a "safe browser," and I don't think that Safari has that reputation (I don't mean to say Safari is unsafe, I just mean it doesn't have a reputation of being safe).  Unless something disastrous happens with Firefox, people who want a "safe" browser are probably going to install Firefox, not Safari.

I've installed Safari on my Mac, and am typing this blog entry using it.  I wish that Safari gave me the opportunity (Firefox does) to simultaneously have the beta and non-beta versions installed.  

I also wish that it had an option to add a new tab button to the toolbar.

I would install it on my PC, but my PC runs Windows 2000, which Apple apparently has chosen not to support.  It looks like Windows 2000 is beginning to fall by the wayside for Apple.  I don't entirely fault Apple for this.

Microsoft didn't develop IE 7 for Windows 2000 (although they'll continue to provide security updates until 2010).

Congestion Pricing in NY

In case you had not heard, Mayor Bloomberg is trying to institute congestion pricing similar to what they have in London (you'd get charged eight dollars for entering Manhattan, with a discount if you used a toll bridge to enter). I think this has potential to work well and will encourage people to take mass transit. I just hope that they are not overwhelmed with people who decide to take the subway instead of paying eight dollars. I'm surprised to see how quickly it is moving thus far, I expected it to stall out in the state legislature, but it looks like it may not.

Controversial Carousels

There is a controversy in my town about a proposed carousel in Oyster Bay (my town). There is a waterfront park which was donated by the Theodore Roosevelt Association to the town of Oyster Bay in 1942. As part of the deed, it was ordered that there be no carousels or other mechanical rides. The Association (which still exists) has agreed to waive that provision of the deed, but there are a number of people who are still opposed to it. I wonder if (cue scary music) there is a Rule Against Perpetuities concern here, although maybe the way New York implements the RAP will prevent a problem with that.
The park is a relatively small park, and a number of people think that the carousel would add a lot of noise to the park. I tend to agree with them, I also wonder how they are possibly going to get enough visitors to the park to cover the cost of running the carousel.
The Main Street Association also thinks it will draw visitors to the downtown. I disagree. Unfortunately for Oyster Bay, it's on the northern shore of Long Island, and that means it is far away from major east-west arteries like the Long Island Expressway. Even a less major east-west artery (Northern Boulevard/25A) is probably four or five miles from downtown. There are no major roads that go through downtown Oyster Bay, so the downtown has suffered. Two car dealerships have closed, and the downtown is not doing so well. The problem is that the park is not that close to the business district, it's two or three blocks, so I don't think people are going to go to the park and then go shopping.
We'll see what happens, it's before the town board right now.
Here is an article from Newsday.

Tilapia Recipe -- So easy, Douglas can do it

Lately I've been experimenting with cooking tilapia. To do it, I put an inch or so layer of water in a frying pan, bring it to a boil, and then put a filet of tilapia in the water. I then return the water to a simmer (not a boil), cover it, and poach it for five minutes. Then, I flip the tilapia piece over and poach it (covered) for another five minutes. It's then pretty much done, and I usually eat it with rice and some vegetable. It makes my meals more interesting. My grandmother has suggested adding lemon to the water, and I also use pepper on the fish.

Bottle Deposits

There was a posting on bottle deposits on a mailing list that I subscribe to. I think that bottle deposits are a good thing, I think that to encourage recycling it might be necessary to increase the deposit on the bottles from a nickel. It has been a nickel since I was a child, and I think longer than that. (By bottle deposit, I also mean the deposit on soda cans as well)
The problem, though, is, at least under New York State's law, if you show up at any store with a bottle of a drink that they sell, they have to give you a deposit back. You don't have to return it to the store where you bought it. This is a problem for mom and pop stores.
There was a New York grocery store that I used to go to that was on the Pennsylvania (no deposit) and New York border. Someone took bottles/cans that he got in Pennsylvania and brought them to New York, where he attempted to redeem them. The New York grocery store got tired of this and eventually stopped him, probably by noting that some of the cans he was redeeming were not stamped with a five cent refund, even though the barcode was the same as refundable cans. If they doubled it to ten cents (or even made the amount more meaningful, like a quarter) it might have a significant impact on a store's income. On the other hand, recycling has become bigger now, so maybe it is not necessary to have the deposit law at all.

Giving Apple Credit Where Credit is Due

Thomas' iPod displayed the "sad iPod" icon, and so (after I tried and failed to fix it) we took it to our local Apple Store on Long Island. Within about fifteen minutes, the Genius fixed his iPod, and it didn't cost us a penny. Apparently, the hard disk had frozen, and he forced it loose by applying extra current to force it to rotate faster. Although this does not redeem Apple from their previous fiasco (or, after Dorothy's experience, make me any more likely to purchase a Macintosh computer again), it's still nice that they were able to fix it. That's more than I would be able to say for Dell, which doesn't have Genius Bars.