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Copyright Battle Over Nothing

An Anonymous Coward writes: "In this story reported at The Independent is "one of the more curious copyright disputes of modern times." It appears that the key question is "which part of the silence was stolen." If only this was April First. This is a lawsuit suing over the sound of nothing, no sound, silence, nada, zilch, bupkiss.

353 of 474 comments (clear)

  1. LOL by Quasar1999 · · Score: 2, Funny

    Now I can be in trouble too... "............"

    --

    ---
    Programming is like sex... Make one mistake and support it the rest of your life.
    1. Re:LOL by yintercept · · Score: 2, Funny

      And in the end
      the love you take
      is equal to the love you-oo make.

      Well, the Beattles should jump in here. For awhile they had the longest silence on any major recording album...but I really am not sure if you can compare the quality of the silences. I mean, a digitally mastered silence has the potential of being leap years ahead of the lower quality vinyl silences of yesterday.

    2. Re:LOL by macdaddy357 · · Score: 1

      Until now,lawsuits over silence were unheard of.

      --
      How ya like dat?
    3. Re:LOL by TheSpoogeAwards · · Score: 1

      I was wondering how this would bode for CD's with a "secret track" on them? I'm talking about the CD's where on the last track, after the main song is finished, there is about 6 minutes of silence and then some more music or a clip of the band talking and hanging out. Do all these CD's infringe on the copyright?

    4. Re:LOL by AntiNorm · · Score: 2

      I was wondering how this would bode for CD's with a "secret track" on them? I'm talking about the CD's where on the last track, after the main song is finished, there is about 6 minutes of silence and then some more music or a clip of the band talking and hanging out. Do all these CD's infringe on the copyright?

      I've seen CDs with the standard 15 songs on them, then a hidden track as track 99. Tracks 16-98 were a couple seconds each of silence. Does this mean that the CD violated the copyright 83 times?

      --

      I pledge allegiance to the flag...
      of the Corporate States of America...
    5. Re:LOL by Matthaeus · · Score: 1

      All I know is for a real good time I'd listen to one of those CD's on "shuffle." Kept me awake while working my way through Jane Eyre my senior year.

    6. Re:LOL by GMontag451 · · Score: 2
      've seen CDs with the standard 15 songs on them, then a hidden track as track 99. Tracks 16-98 were a couple seconds each of silence. Does this mean that the CD violated the copyright 83 times?

      Nope, because each of those tracks were under 8 bars, or whatever the time limit is, and are non-infringing fair uses.

    7. Re:LOL by Brynath · · Score: 1
      But How do you know what tempo they were playing those two seconds at??

      I mean really if I was playing someones Silence at a faster Rate, would that be Infringing??

    8. Re:LOL by N+Monkey · · Score: 1
      Well, the Beattles should jump in here. For awhile they had the longest silence on any major recording album...but I really am not sure if you can compare the quality of the silences. I mean, a digitally mastered silence has the potential of being leap years ahead of the lower quality vinyl silences of yesterday.


      Are you refering to the "silent" dog whistle put on for Paul McCartney's dog? (The name escapes me, (Martha?) but I think it was used for a title of a track). The whistle was hardly silent on the vinyl (at least back in the days when my hearing went up to 25khz), but I wonder if it was filtered out for digital recordings?

      Simon
    9. Re:LOL by MadAhab · · Score: 2

      Nope, there's no fair use of this sort. "One note is too much": ask Biz Markie. So, yes, the copyright was violated 83 times. Of course, you'd have to be criminally insane to believe that this represents the intention of the law or the betterment of civilization, but apparently that's not so hard.

      --
      Expanding a vast wasteland since 1996.
    10. Re:LOL by copec · · Score: 1

      You could have been hearing a harmonic frequency generated by the amp.

      I had the same problem when I was trying to pump about ~26khz into a flask for a sonoluminescence expirement I did in HS.

    11. Re:LOL by macdaddy357 · · Score: 1

      Yes you are in trouble. Let me read you your rights. "You have no right to remain silent, as silence is a copyrighted work. Anything you say can and will be used against you in a court of law." Maybe you could start talking in gibberish to protect your rights, since you can't just clam up any more.

      --
      How ya like dat?
    12. Re:LOL by yintercept · · Score: 2

      Abbey Road had a recorded silence between "The End" and ditty "Her majesty is a pretty nice girl, but she doesn't have a lot to say..." If I recall, there recorded silence was a beat or two longer than some one else's recorded silence...but it may not be as profound as a full minute of recorded silence. That would be for the court to decide.

  2. The wisdom of Paul Simon by Chardish · · Score: 2

    And the people bowed and prayed
    To the neon god they made.
    And the sign flashed out its warning,
    In the words that it was forming.
    And the sign said, "The words of the prophets
    are written on the subway walls
    And tenement halls."
    And whisper'd in the sounds of silence.

    1. Re:The wisdom of Paul Simon by Luggage · · Score: 1

      Unfortunately, due to the current moratorium on the performance, creation, and distribution of silence, white noise, or their subsidiares, this song may not be transfered, coppied, or played before an audience without first contacting both the estates of Paul Simon, and, more recently, that of John Cage. Thank you for your co-operation.

    2. Re:The wisdom of Paul Simon by MaxVlast · · Score: 1

      Is Paul Simon dead? I don't think he is.

      --
      There should be a moratorium on the use of the apostrophe.
      Max V.
      NeXTMail/MIME Mail welcome
    3. Re:The wisdom of Paul Simon by MaxVlast · · Score: 2

      Geezer rock? My god, how old are you? I'm 22 and am a huge fan of almost everything Paul Simon has ever done. Most of my friends (average folks from 18 to 20) feel similarly. He's hardly geezer rock!

      --
      There should be a moratorium on the use of the apostrophe.
      Max V.
      NeXTMail/MIME Mail welcome
    4. Re:The wisdom of Paul Simon by MaxVlast · · Score: 2

      I may be a pussy, but I've been a fan of Paul Simon since I was 12. Graceland was the first album I bought. Age has no bearing on quality, despite what the RIAA or popular culture keep telling you.

      --
      There should be a moratorium on the use of the apostrophe.
      Max V.
      NeXTMail/MIME Mail welcome
  3. LoL by zoloto · · Score: 1

    corperate greed at it's best. when will the madness end!

  4. If a tree.... by websaber · · Score: 5, Funny

    If a tree falls in the forest..... is it liable for infringement?

    --
    "A good friend will bail you out of jail. A true friend will be sitting next to you saying, 'damn....that was fun!'"
    1. Re:If a tree.... by alien_tracking_devic · · Score: 1

      Only if no one is there to here it.

    2. Re:If a tree.... by Anonymous Coward · · Score: 1, Funny

      HEAR it, you fuck.

    3. Re:If a tree.... by alien_tracking_devic · · Score: 1
  5. I've heard that track... by The+Chaotician · · Score: 3, Funny

    and it was the best one on the CD.
    Isn't that always the way with cover songs?

    1. Re:I've heard that track... by Eythian · · Score: 2, Funny

      and it was the best one on the CD.

      Can you please rip and and share it on Gnutella? I want to listen to it.

    2. Re:I've heard that track... by a_n_d_e_r_s · · Score: 1

      Sorry, thats not a cover song - it's an remix.

      Thata why it's a tad shorter. They upped the BPM 433 % so 4,33 takes only 1 minute.

      Just like the Elvis song that is so popular now.

      --
      Just saying it like it are.
    3. Re:I've heard that track... by AndroidCat · · Score: 2

      Mozart wrote that a long time ago. He's still writing it...

      --
      One line blog. I hear that they're called Twitters now.
    4. Re:I've heard that track... by N+Monkey · · Score: 1

      Seriously though, you should have a listen to Mike Batt's "Tarot Suite". It's one of my favourite albums simply because it's a bit unusual. (For those in Sydney who listened to MMM-FM, the theme tune/jingle they used was taken from the album).

  6. My copyright... by AmigaAvenger · · Score: 5, Funny

    I hereby copyright the sound of a tree falling in the middle of a forest when no one is around to hear it. This is in addition to my copyright on the sound of one hand clapping. These copyrights shall be persued by the fullest extent of the law.

    1. Re:My copyright... by charlie763 · · Score: 1

      I believe Bart Simpson beat you to the one hand clapping.

      --
      Welcome to the land of the free...pay toll ahead...no photography...please open your bag...
    2. Re:My copyright... by tg_schlacht · · Score: 1

      I do hereby declare copyright on:

      "Hear ye, hear ye" - being an arrangement of "letters" which form "words" which draw attention to the imminent beginning of a legal proceeding.

      "This court is now in session." - being an arrangement of "letters" which form "words" which draw attention to the actual beginning of a legal proceeding.

      "Guilty" - being an arrangement of "letters" which form a "word" which betides happiness and financial rewards to some persons and shame and financial ruin and possible imprisionment to other persons.

      "Not Guilty" - being an arrangement of "letters" which form "words" which bring relief and a sense of vindication to some persons and chagrin and a feeling of inadequacy to other persons.

      Liscensing fees: 10,000 USD per letter plus a 25,000 USD surcharge per word.

    3. Re:My copyright... by slickwillie · · Score: 2

      I beat Bart Simpson by at least two decades. My EST friends were all impressed by the EST Zen koans, and were talking about "the sound of one hand clapping" one day. So I said "Here's what it sounds like" and clapped with my right hand. Then just for yucks, I clapped with my left hand. And no, it doesn't sound anything like John Cage's.

    4. Re:My copyright... by os2fan · · Score: 2

      Paul McCartney is in there somewhere as well. It's a track promised for the LP "Cold Cuts"

      --
      OS/2 - because choice is a terrible thing to waste.
    5. Re:My copyright... by fferreres · · Score: 4, Insightful

      I'm scared. Can they prosecute us whenever we use the pause button? Is it legal to use it? If not, can we at least lower the volume to near zero? What about the mute button?

      --
      unfinished: (adj.)
    6. Re:My copyright... by Kulilin · · Score: 1

      Terry Pratchett already pointed out that the sound of one hand clapping is "cl". The sound of the other hand clapping is, of course, "ap"...

    7. Re:My copyright... by SpaceJunkie · · Score: 1

      Surely this is a fairly large cross-sectional representation of slashdotters? BTW- I dont smoke(Any more), and I dont wear a leather jacket(any more), no badges(any more), and I cut my hair and shaved my beard... All this happened around two years ago... Reason? girlfriend... 'nuff said.. I am also not sure its always roll-ups.. IYKWIM.. ;-) I do still read Pratchet..

      --
      OrionRobots.co.uk - Robots From sol
    8. Re:My copyright... by crawling_chaos · · Score: 2
      No, use of the Pause button is mandatory. Otherwise you might miss some of the advertising while you are away from the set, and we all know that that is theft.

      Soon to be a feature of the Hollings Infinite Copyright Extension Act.

      --
      You can only drink 30 or 40 glasses of beer a day, no matter how rich you are.
      -- Colonel Adolphus Busch
    9. Re:My copyright... by l1gunman · · Score: 1
      The sound of one hand clapping is *not* silence.

      It is more like a "slap" sound, the sound your one hand makes as it slaps upside the head of the wannabe monk who asked you the question in the first place!

    10. Re:My copyright... by meridoc · · Score: 1
      Actually, I have heard the sound of one hand clapping... the guy was double-jointed and slapped his palm against his forearm *thock* *thock* *thock*

      --
      "Two things are infinite: the universe and human stupidity, and I'm not sure about the former." -- Albert Einstein
  7. Would this be... by greg_barton · · Score: 2, Insightful

    ...an avant-garde lawsuit?

  8. Silence by Vought+28 · · Score: 3, Interesting

    Silence isn't the absence of noise...noise is simply the absence of silence. Uncork any bottle and you will likely release the trapped silence within. It's time people really started respecting other's property rights.

    1. Re:Silence by Com2Kid · · Score: 1

      I am surprised nobody has posted the "Dark Suckers" joke in response to this yet.

      Screw it, here it is

      For years, it has been believed that electric bulbs emit light, but recent information has proved otherwise. Electric bulbs don't emit light; they suck dark. Thus, we call these bulbs Dark Suckers. The Dark Sucker Theory and the existence of dark suckers prove that dark has mass and is heavier than light.
      First, the basis of the Dark Sucker Theory is that electric bulbs suck dark. For example, take the Dark Sucker in the room you are in. There is much less dark right next to it than there is elsewhere. The larger the Dark Sucker, the greater its capacity to suck dark. Dark Suckers in the parking lot have a much greater capacity to suck dark than the ones in this room.

      So with all things, Dark Suckers don't last forever. Once they are full of dark, they can no longer suck. This is proven by the dark spot on a full Dark Sucker.

      A candle is a primitive Dark Sucker. A new candle has a white wick. You can see that after the first use, the wick turns black, representing all the dark that has been sucked into it. If you put a pencil next to the wick of an operating candle, it will turn black. This is because it got in the way of the dark flowing into the candle. One of the disadvantages of these primitive Dark Suckers is their limited range.

      There are also portable Dark Suckers. In these, the bulbs can't handle all the dark by themselves and must be aided by a Dark Storage Unit. When the Dark Storage Unit is full, it must be either emptied or replaced before the portable Dark Sucker can operate again.

      Dark has mass. When dark goes into a Dark Sucker, friction from the mass generates heat. Thus, it is not wise to touch an operating Dark Sucker. Candles present a special problem as the mass must travel into a solid wick instead of through clear glass. This generates a great amount of heat and therefore it's not wise to touch an operating candle.

      Also, dark is heavier than light. If you were to swim just below the surface of the lake, you would see a lot of light. If you were to slowly swim deeper and deeper, you would notice it getting darker and darker. When you get really deep, you would be in total darkness. This is because the heavier dark sinks to the bottom of the lake and the lighter light floats at the top. The is why it is called light.

      Finally, we must prove that dark is faster than light. If you were to stand in a lit room in front of a closed, dark closet, and slowly opened the closet door, you would see the light slowly enter the closet. But since dark is so fast, you would not be able to see the dark leave the closet.

      Next time you see an electric bulb, remember that it is a Dark Sucker.


      'Stolen' from here

      and of course for every good Hoax theory that has to be an expository page going into more depth.

      Which can be found here

    2. Re: Silence by Sun+Tzu · · Score: 2

      Actually, the original copyright would cover the sounds of the forest and audience, not silence. It would be rather difficult to reproduce an infringing work of the original 'piece'.

      Silence, of course, has already been done in every medium -- including those, such as silent films, where sound wasn't a component.

      The only thing the two 'works' have in common, other than the 'credit' to John Cage, is the idea. I don't know about the UK but in the US an idea isn't copyrightable. Our PTO might issue a patent on it, however. ;)

    3. Re:Silence by marhar · · Score: 2

      Very true. If you don't believe this, uncork a bottle and hold it up to your ear. You will hear that the trapped silence has truly been released.

  9. Let us all.. by MisterBlister · · Score: 5, Funny
    Let us all bow our heads for a minute of silence while we mourn the passing of common sense in the legal system.

    Ok...
    ...

    Done? Ok suckers, that will be $1000 per person for infringing upon the silence copyright made payable to FU Attorneys At Law. Pay up or else!!

    1. Re:Let us all.. by AndrewRUK · · Score: 1

      Common sense in the legal system?????

      Since when was there are of that, eh?

  10. Silence! by chennes · · Score: 1

    From the article: "But my silence is original silence, not a quotation from his silence." Ah! My brain is melting!

  11. Copyright the sine wav of silence :-) by kyoko21 · · Score: 1

    Can I copyright the sine wav of silence?

    1. Re:Copyright the sine wav of silence :-) by rnturn · · Score: 3, Funny

      Ah... but at what frequency will you be generating this zero-amplitude silence? My patent is pending on `0 * sin (2 * pi * 256)' (middle C) so watch out.

      --
      CUR ALLOC 20195.....5804M
  12. How.. by Renraku · · Score: 5, Funny

    How can the absence of something be called a copyright violation? Unless you're looking at the quantum superstate of blank media (which would mean that anything that can exist on blank media would exist on it until it was observed), which would further enrage the RIAA and push them to sue people who produce blank media.

    --
    Job? I don't have time to get a job! Who will sit around and bitch about being broke and unemployed then?
    1. Re:How.. by quintessent · · Score: 5, Funny

      Hey, maybe that's why the RIAA gets a payment whenever I purchase a blank CD. And I thought it was to pay for the music which they were planning for me to put on it after I bought it.

    2. Re:How.. by rat7307 · · Score: 2, Funny

      Shhhhhhhh...............


      Don't give them any ideas....


      THEY ARE WATCHING...

      --
      Burma?
    3. Re:How.. by tomknight · · Score: 1
      What you have to do is copyright the absence of waffles so that if anyone else's waffle maker breaks, you can sue them for breach of copyright.

      I think.

      Tom.

      --
      Oh arse
    4. Re:How.. by gfreeman · · Score: 1

      How can the absence of something be called a copyright violation?

      Hey, Rodin's "The Thinker" is only a slab of marble with the absence of everything that doesn't look like "The Thinker".

      --
      Ceci n'est pas un sig.
  13. Phantom Tollbooth by Eryq · · Score: 2

    A wonderful passage (about different kinds of silence) from this classic novel can be found here.

    --
    I'm a bloodsucking fiend! Look at my outfit!
    1. Re:Phantom Tollbooth by NickDngr · · Score: 1

      Somewhere in downtown EAST ORANGE, a CUB SCOUT TROOP is SLASHDOTTING a HORTICULTURAL WEBSITE...

      Cub Scouts are in Dens and Packs... Boy Scouts are in Troops.

      --
      Yoda of Borg am I! Assimilated shall you be! Futile resistance is, hmm?
  14. Cage and Ping Pong balls by Kinchie · · Score: 1

    I had a composition teacher who, while playing a new Cage composition in a small ensemble under the direction of the composer, was instructed to play a prepared piano filled with ping pong balls "until there are no more left. Then stop."

    Would have made a great companion piece to 4'33".

    --
    Protege Posterioram Tuam
  15. Don't be quiet! by red_dragon · · Score: 2

    Don't shut your mouths up! You'll be in violation of yet another stupid copyright!

    --
    In Soviet Russia, Jesus asks: "What Would You Do?"
  16. Silence? by Anonymous Coward · · Score: 1, Interesting

    Of course, when you think about it, can silence truly exist on Earth (outside of a vacuum chamber)? As long as it has a medium, sound will carry, and being a waveform, and motion will create sound. Seeing as how absolute Zero is impossible, that means there is always motion, thus always sound.

    Of course, I never really payed attention in Physics...

    1. Re:Silence? by caca_phony · · Score: 1

      Actually, that was the intention of Cage's piece, to show that despite the performer on stage being absolutely still, there was still sound. His intention was that while the performer did not make sound on stage, the audience might notice the sounds that are around us constantly in a way they never before had.

      --
      ...and this lie crawls out of its mouth: 'I, the state, am the people.'
  17. lawsuit ?? by tiwason · · Score: 4, Insightful

    Unless i am not reading the entire article, it doesn't say anything about a lawsuit...

    its 4 paragraphs and only says "I've received a letter on behalf of John Cage's music publishers. I was in hysterics when I read their letter."

    and the guy credited them anyways.....

    fun fun

    1. Re:lawsuit ?? by qlmatrix · · Score: 1

      The article says "They say they are claiming copyright", so I think they haven't been writing him just for fun. Besides, music publishers don't send letters if there's no money involved...

  18. I'll right your copy! by delta407 · · Score: 5, Funny
    #include <stdio.h>

    void main()
    {
    short silence[60*44100];
    memset(silence, 0, sizeof(silence));

    FILE * out = fopen("silence.pcm", "w");
    fwrite(silence, sizeof(short), 60*44100, out);
    fclose(out);
    }

    Music piracy at its worst, I tell ya.

    1. Re:I'll right your copy! by Ziviyr · · Score: 2

      #include <stdio.h>

      void main()
      {
      short silence[60*44100];
      memset(silence, 0, sizeof(silence));

      FILE * out = fopen("silence.pcm", "w");
      fwrite(silence, sizeof(short), 60*44100, out);
      fclose(out);
      }

      Music piracy at its worst, I tell ya.


      So who is gunna print up the T-shirts?

      Any prizes for first tattoo?

      --

      Someone set us up the bomb, so shine we are!
    2. Re:I'll right your copy! by Gumshoe · · Score: 1

      Only for "hosted" implementations of C. Freestanding implemenations can declare return type as void and may even ommit main() completely.

    3. Re:I'll right your copy! by Anonymous Coward · · Score: 2, Insightful
      What the fuck is wrong with you?

      Someone posts a reasonably funny joke in a few lines of C and 20 people rip on him for such highly relevant issues as whether the joke was written in portable ANSI C and whether it checked return values.

      The irony is, you look at any "Free Unix" applications source, and it's so full of trivial errors it's not even funny, but the same people are the first to jump on others' code as if they had been crowned Lord High Protectorate of the Kingdom of Kernighan and Ritchie.

      I mean, fucking hell, it's a joke about zeroing out a large array and writing it to a file, does the code to do this really need to be portable? Do you not understand the joke unless it comes with a GNU LICENSING document and follows the GNU indentation and coding standards? Does the joke lose its meaning entirely because it didn't return a value to the host OS?

      I'm recently moving from programmer to mathematician, and do you know what I see as the biggest difference between programmers and mathematicians? Imagination. It's so refreshing not to be surrounded by code monkeys whose ability lies in reading a book, and parroting out the instructions held within to produce the n'th "multi-tiered thin-client solution" or "Office replacement", where any attempts at overall creativity in solving a problem will surely be stifled in favour of checking that the in-house standards for variable naming are followed.

      PS To the later "did you mean 'I'll Write Your Copy'?" poster, there was a joke in the title, as in COPY - RIGHT, RIGHT your COPY. Jesus fucking Christ, how hard is it?

    4. Re:I'll right your copy! by DavidTC · · Score: 1

      You appear to have missed the fact that the nitpicking is a joke, also.

      --
      If corporations are people, aren't stockholders guilty of slavery?
  19. Here's the story, it's not long... by BrokenHalo · · Score: 1, Redundant

    Big noises at odds over the sound of silence By David Lister Media and Culture Editor 21 June 2002

    'The Sound of Silence' may have prompted engaging harmonies from Simon and Garfunkel - but a more literal appreciation of the absence of noise has prompted one of the more curious copyright disputes of modern times.

    Mike Batt, the man behind the Wombles and Vanessa Mae, has put a silent 60-second track on the album of his latest classical chart-topping protégés, the Planets. This has enraged representatives of the avant-garde, experimentalist composer John Cage, who died in 1992. The silence on his group's album clearly sounds uncannily like 4'33", the silence composed by Cage in his prime.

    Batt said last night: "I've received a letter on behalf of John Cage's music publishers. I was in hysterics when I read their letter.

    "As my mother said when I told her, 'which part of the silence are they claiming you nicked?'. They say they are claiming copyright on a piece of mine called 'One Minute's Silence' on the Planets' album, which I credit Batt/Cage just for a laugh. But my silence is original silence, not a quotation from his silence."

  20. Freedom of Speech replaced... by Thoth+Ptolemy · · Score: 1

    by Requirement of Speech?

    Won't people have to always be saying something or infringe on Cage's song without properly licensing the song?

    1. Re:Freedom of Speech replaced... by pboulang · · Score: 2, Insightful

      I think the real issue is how it is arranged. John Cage had a piano piece and had notations indicating exactly how to rest, half rest, etc. Now, if you were not at a piano, or were in fact a full piece orchestra playing something COMPLETELY different (different notations, different key, different tempo, and different length) then there is nothing being copied whatsoever.

      --

      This comment is guaranteed*

      *not guaranteed

    2. Re:Freedom of Speech replaced... by ObviousGuy · · Score: 2, Interesting

      The seeming definition of Speech is "meaning". Anything that can be construed as Speech must have a meaning, a thought to be conveyed. Another way of saying this is Expression. Therefore Freedom of Speech is Freedom of Expression. That's why flag-burning is Speech, it is the expression of some meaning. If one was to spout gibberish in the town square, that too would have some meaning, though possibly only "this is gibberish for its own sake".

      So if we come to the conclusion that Speech is defined as some manner of expression that connotes a meaning, we can assume that pure silence is also Speech. Therefore we are only required to deduce Cage's meaning of 4'33 and compare it to Batt's intended meaning of One Minute's Silence. Since we have no other method of determining copyright infringement, as silence is indivisible (you can't musically interpret silence, only lengthen and shorten it), the meaning behind the pieces is the main question.

      --
      I have been pwned because my /. password was too easy to guess.
    3. Re:Freedom of Speech replaced... by caca_phony · · Score: 1

      actually, "silence" is divisible. The original 4'33" was in multiple movements, represented by the actions of the piano player.

      --
      ...and this lie crawls out of its mouth: 'I, the state, am the people.'
    4. Re:Freedom of Speech replaced... by ObviousGuy · · Score: 1

      I think you're confusing time with silence. What you're saying is like 'dark' can be divided by using room dividers. No doubt a room can be divided, but the darkness remains undivided. Only light can divide dark, just as only sound can divide silence.

      Therefore, if one is to create a piece that is purely silent, it cannot be divided, only lengthened or shortened. Adding sound would indeed divide the piece, but it would immediately stop being silence.

      --
      I have been pwned because my /. password was too easy to guess.
    5. Re:Freedom of Speech replaced... by caca_phony · · Score: 1

      You are thinking in one domain at a time. A sound can devide dark in time, and a silent action can devide silence.

      --
      ...and this lie crawls out of its mouth: 'I, the state, am the people.'
    6. Re:Freedom of Speech replaced... by ObviousGuy · · Score: 1

      Thanks for the comment. I thought about this as a possible case in which silence can be divided, but as silence is simply the absence of sound it stands to reason that silent actions do not actually disturb the silence and divide it.

      --
      I have been pwned because my /. password was too easy to guess.
  21. okay... my turn!!! by erroneus · · Score: 5, Funny

    As long as people are throwing out one-liners:

    "You don't have the right to remain silent. Anything you don't say will be used against you in a court of law..."

  22. The avant garde by ObviousGuy · · Score: 2, Funny

    What gets me is that these people can actually claim fans. If you go to a concert, do they sit quietly onstage miming shushing to the audience?

    --
    I have been pwned because my /. password was too easy to guess.
    1. Re:The avant garde by Huge+Pi+Removal · · Score: 2

      You can buy a musical score for Cage's 4'33", with precise instructions for the pianoist to walk on stage, look at his watch, shut the lid and sit there for the alloted time (4'33" = 273" = (kind of) absolute zero in Celsius).

      It was actually one of the most interesting pieces he did... the idea was to get the audience to listen to the "random" sounds around them, and indeed random sounds can sometimes be interesting. BUT what Cage spent a lot of his time doing was writing pieces which were meant to simulate this random noise (e.g. "101 metronomes"). And believe me, folks, nothing is so tedious as listening to someone else's idea of what random noise is...

      --
      - Oliver

      The right to bear arms is only slightly less stupid than the right to arm bears...
    2. Re:The avant garde by ObviousGuy · · Score: 1

      How sad that the composer's most interesting piece consists of nothing.

      --
      I have been pwned because my /. password was too easy to guess.
    3. Re:The avant garde by Huge+Pi+Removal · · Score: 2

      Well, *one* of his most interesting...

      And the whole point was that it *did* consist of things. Cage was trying to get us to listen to the sounds around us (which was a decently new idea back in the 60s). A poster below says that the first performance was in a forest: I don't know whether that's true, but it seems reasonable. But as I said, birdsong and rustling in a forest can have a rhythm to it, it's good to listen to. However, someone else's idea of that rhythm is crap.

      --
      - Oliver

      The right to bear arms is only slightly less stupid than the right to arm bears...
    4. Re:The avant garde by Hydrogenoid · · Score: 1

      And what Batt did was just playing the score 4.5 times faster, is that it ?

    5. Re:The avant garde by Huge+Pi+Removal · · Score: 1

      I've no idea what Mike Batt was trying to do, I have very little time for him... The Wombles theme was good, but he went on to write the Conservative's Election 2001 theme tune, so he's evidently an unprincipled wazzock... :)

      Oh, and of course I meant "pianist" in the original post, not "pianoist".

      --
      - Oliver

      The right to bear arms is only slightly less stupid than the right to arm bears...
  23. wasnt that also .... by 3rd_Floo · · Score: 1

    ...a BloodHound Gang Song? The Ten Coolest Things About NJ????

    If you've not listened to that song, its on the Hooray for B00bies CD, and its worth a quick listen, believe me, its short... hehe.... and yes I'm from Jersey, and I'm humored not offended by it...

    1. Re:wasnt that also .... by trystean · · Score: 1

      A song by Type O Negative on their Slow, Deep and Hard cd. 'The Misinterpretation of Silence and its Disastrous Consequences'. I shall warn them that they should expect a letter from Mr. Cage's lawyers.

  24. My only comment is this: by gvonk · · Score: 5, Funny



    © gvonk, 2002, all rights reserved, etc.

    --


    El Karma: excelente(principalmente la suma de moderación hecha a los comentarios de los usuarios)
    1. Re:My only comment is this: by red_crayon · · Score: 2

      Are you copyrighting whitespace?

      Or was that meant to be silence? Which would have a (P), for phonographic copyright.

      --
      "Never bullshit a bullshitter" All That Jazz
    2. Re:My only comment is this: by Slurpee · · Score: 1

      Does this mean anyone who doesn't comment is in breach of your copywrite?

      Begin Quote:


      © gvonk, 2002, all rights reserved, etc.

      End Quote:

    3. Re:My only comment is this: by eaolson · · Score: 2, Funny
      Are you copyrighting whitespace?

      He was probably just copyrighting the lyrics.

    4. Re:My only comment is this: by WhiteKnight07 · · Score: 1

      The really funny thing is, he actually does own that white space.

      "All trademarks and copyrights on this page are owned by their respective owners. Comments are owned by the Poster. The Rest © 1997-2002 OSDN."

      --


      We're going to make information free Mr. Anderson, whether you like it, or not.
  25. Supreme Court opinion on this by Animats · · Score: 4, Interesting

    "The standard of originality for copyright is low, but it exists. - Feist vs. Rural Telephone Company.

    1. Re:Supreme Court opinion on this by Animats · · Score: 3, Informative
      That's the decision, incidentally, in which the Court ruled that telephone books are not copyrightable. The presentation and layout may be copyrighted, but if you scan them in and extract the raw data, that's OK. The basic idea is that copyright protects creativity, not effort.

      There have been a few other cases like this. Another is Bridgeman vs. Corel, in which a court ruled that taking a 2D picture of an artwork for which copyright has expired does not create a copyrightable image. No originality. So Corel's clip-art disk, made from museum slides of old paintings, was OK.

  26. Jeez... by smoondog · · Score: 2

    Damn, I wish I could get a letter like that so I could sell lots of copies of empty mp3's. . .

    1. Re:Jeez... by Jester998 · · Score: 2

      Hmm... MP3 is a compressed format... silence would, presumably, be a bunch of zeroes in the file... A bunch of zeroes in a row would compress VERY well...

      Maybe this lawsuit is actually about a 500:1 compressions scheme.... ;)

  27. prior art? by sysrequest · · Score: 2, Interesting

    as rediculous as this may sound, couldn't someone claim prior art?

    "I've been silent long before that"

    Or is that something that only works with patents?

    1. Re:prior art? by mabinogi · · Score: 1

      Prior art has nothing to do with copyright...

      It does only apply to patents...

      However, since copyright is automatic, the first person to come up with the work would hold the copyright.
      I'm not sure what would happen in the case of two people spontaneously coming up with an identical work without one hearing the other, but I'd imagine it would be dificult to prove.

      In this case....I wouldn't even know if copyright can even apply to silence.
      Supposedly you automatically get copyright on any original work as soon as it is set down in tangible form (eg. written down, recorded, saved to disk, etc). But I'm not sure you could say that silence is an original work, it's probably about as public domain as you can get.
      What Cage did that was original, was the idea of a track of nothing but silence, but I don't think you get any sort of intellecual property rights on ideas alone.....

      I just hope that those involved realise how silly they look ;)

      --
      Advanced users are users too!
    2. Re:prior art? by JaredOfEuropa · · Score: 2

      Everyone of course knows how ridiculous this claim is. And yet somehow a few lawyers will make good money from this, and waste the time of the already overburdened legal system.

      --
      If construction was anything like programming, an incorrectly fitted lock would bring down the entire building...
  28. MP3's? by jagilbertvt · · Score: 2, Funny

    Where are the mp3 versions of the 2 tracks in question? Perhaps then we can judge who's in the wrong here more acurately.

    1. Re:MP3's? by JPriest · · Score: 1

      The RIAA is going to flood p2p networks with dummy mp3 files. Can they sue the RIAA if the files are silent?

      --
      Saying Java is nice because it works on all OS's is like saying that anal sex is nice because it works on all genders.
    2. Re:MP3's? by DanCo · · Score: 1

      Have you tried checking Audio Gal... oh yeah, never mind.

      --
      It's not my fault - greatness was thrust upon me.
    3. Re:MP3's? by jagilbertvt · · Score: 1

      I did just check WinMX and found John Cage's "4' 33"" track. No luck finding the other.

    4. Re:MP3's? by Ralph+Bearpark · · Score: 5, Funny

      Watch out, the record company are probably distributing dummy mp3s with the first 15secs repeated over and over ...

      Regards, Ralph.

  29. Okay.. by Anonymous Coward · · Score: 2, Insightful

    Well, i had a post i wrote when this showed up on the front page about 20 minutes ago.. then when i hit "submit", the story disappared from the front page and my post was lost. But i'll try again.

    What i wonder is why they're going after this guy, but not, say, Boards of Canada. Their "Geogaddi" album from the end of last year ended with a track called "Magic Window" that is 1:47 of silence. Or Korn, for that matter. "Follow the Leader" began with 13 tracks containing 4 seconds of silence.

    Perhaps it's because of just intent-- look at it this way. Magic Window (BoC) was there to make the album more inscrutable, and to bump the running time of the album up to 66:06 (Boards of Canada has been on a kick lately of littering references to Satan and David Koresh in their albums). The Korn album, meanwhile, had the silence there because they wanted to be "edgy", because they want to be like Nine Inch Nails and Tool (the "broken" EP contained a bunch of 1-second silent tracks between tracks 6 and 97, so that the two hidden tracks would be 98 and 99 respectively; Korn's "undertow" album pulled a similar trick, but it resulted in the hidden track being at 69), and because they hate their listeners (this should be apparent if you listen to the rest of the album).
    The Mike Batt track, meanwhile, is there solely for ironic value-- the same reason for the existence of 4:33. In that way, the Mike Batt track is a rip-off of the idea of 4:33 in a way that the others are not. I guess the idea is that silence can say a lot, and all those other cases were saying something different than 4:33 was. The Batt track, meanwhile, was saying the same thing.

    Anyway, i'm certain i've heard of many more instances of silent songs being tossed onto albums. The CD version of Absolute Elsewhere, for existence. So even were the copyright valid, wouldn't they have no legal leg to stand on, since they've in the past failed to defend this copyright? (Is that just an urban legend? Maybe we should come up with a new word for urban legends that are born and propigated via slashdot. "Slashdot Myth"? Nah, that sounds silly.)

    Maybe this case is just because he credited Cage in the liner notes? If so, he should still be safe, since that would be satire.

    I don't know. I can't honestly help but wonder if the estate of John Cage isn't pulling this as some kind of massive, destructive practical joke / performance art piece. It wouldn't be that far out of character; Cage was, after all, the man who did a live performance of Vexations.

    (Well, OK, or this is a silly record company thing by nonsentient biological humans who are aware of no concepts other than profit motive. But that's such a dull explanation!)

    --super ugly ultraman

    1. Re:Okay.. by Planesdragon · · Score: 2

      So even were the copyright valid, wouldn't they have no legal leg to stand on, since they've in the past failed to defend this copyright?

      Nope. You're thinking of Trademarks.

      A copyright can't become not valid until it expires. Same with patents. But trademarks, which can last indefinitly, can be lost for nonenforcement.

      IANAL, but this is pretty basic stuff...

    2. Re:Okay.. by Jaysyn · · Score: 1

      Tool did "Undertow", not Korn. Also the Crystal Method has a few minutes of silence at the end of the albulm "Tweekend", it leads into a version of "Name of the Game" with the lyrics removed.

      Jaysyn

      --
      There is a war going on for your mind.
    3. Re:Okay.. by Anders+H�ckersten · · Score: 1
      the "broken" EP contained a bunch of 1-second silent tracks between tracks 6 and 97, so that the two hidden tracks would be 98 and 99 respectively

      Nitpicking:
      Actually the original release of the Broken album contained a smaller CD with the "hidden" tracks on it, this was however changed after the first printing sold out (mainly because some store owners took out the smaller CD and sold it separately).

    4. Re:Okay.. by RatFink100 · · Score: 2

      As you say the Batt track may be a rip-off of the idea of the Cage one. However copyright does not protect ideas only expressions of ideas.

      The difference in durations alone would therefore make this a different expression of the same idea.

      Then again, by the nature of silence, there is no evidence internal to the piece itself that this is even expressing the same idea.

  30. Good quote by interiot · · Score: 2
    • My silence is original silence, not a quotation from his silence.
    There you go. We're talking (hopefully not too loudly, mind you) about two completely different silences here. There was no stealing of silence involved.
  31. Ooooo... by Soko · · Score: 2

    As stupid as this is, let's hope no-one gets any brighter any time soon. Heh - follow me here...

    Let's say they apply one of thier DRM methods on that track. If my thinking is correct, overlaying any DRM data on silence means the DRM scheme is laid bare. Instant hack, and Linux is now hapilly playing music encrypted with the DRM scheme. Sound plausible?

    Awww, c'mon. Somebody speak up. The silence is deafening... *rimshot*

    Soko

    --
    "Depression is merely anger without enthusiasm." - Anonymous
    1. Re:Ooooo... by GigsVT · · Score: 1

      I don't know how serious your post was, but assuming their DRM isn't based on security through obscurity, then putting the DRM on a track of all zeros won't give up any security.

      However, considering the idiocy of the past choices in DRM and copy protection, who knows.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    2. Re:Ooooo... by muon1183 · · Score: 1

      If the DRM is based on security through obscurity, it should be fairly easy to reverse engineer. I mean, it's not like binary is unreadable, algorithms are recoverable, it's just that they are not likely to be in their original state, but it will work nonetheless.

      .sig, what's that?

      --

      There's no sig like SIGSEG
  32. huh? by bastard01 · · Score: 1

    Honestly, I would like for more artists to go through and record silent tracks on their cds, they would give us a welcome break from that crap they call "music". I actually remember a cd that my sister has, it has about 12 silent tracks at about 5 seconds a piece, so I guess the artists that recorded that should run like hell, now the lawyers will be after them.. the next question would be what can you do that will not break copyright laws?

  33. I love that song... by BlueFall · · Score: 5, Funny

    The song (both versions) is one of my favorites. It's so catchy. I've had it stuck in my head whenever I didn't have another song stuck in my head... ;-)

  34. Hmmm by GigsVT · · Score: 1

    I'll just copyright white noise by releasing a CD with a one minute track of white noise. Then I can sue all the TV manufacturers and cable networks for royalties, after all, they are playing my works on hundreds of channels, 24 hours a day.

    --
    I've had enough abrasive sigs. Kittens are cute and fuzzy.
  35. What? by nickgrieve · · Score: 1

    Let me say that again, What?

  36. Infringement. by oyenstikker · · Score: 2

    (Imagine this post is blank. I tried to do it, but slash won't let me. It thinks it knows better than I do what I'm trying to say. No, the cat doesn't have my tongue.)

    --
    The masses are the crack whores of religion.
  37. It must not be any good by Tablizer · · Score: 2


    I could not find the Silence Pattern in my GOF book.

  38. Bad title! by delta407 · · Score: 4, Funny

    Copyright Battle Over Nothing

    Wrong.

    Silence isn't nothing, at least not on a CD. The infringing track is sixty seconds of silence, which is not sixty seconds of zeros. (Which would still be something, mind you.) In any case, the track in the suit is 5,292,000 '0111111111111111's on the CD. (60 seconds, 44100 samples per second, 2 channels, at "zero", but recall digital audio is signed so that's 2^15-1 = 32767.)

    Even if one of the two decided to use 32768 instead, the prosecution could argue there was a DC bias...

    1. Re:Bad title! by GigsVT · · Score: 2, Interesting

      Interesting point, with two channels, 16 bit samples for each channel, there are a shitload of different silences. Just imagine a single sine wave, 1 minute in duration, 1/60th Hz.
      Technically not silence in the strictest sense, but not audible in any case. I bet some car audio bass freaks would argue with me, laws of physics never seem to stop them from arguing something. :)

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    2. Re:Bad title! by Grax · · Score: 1

      Well it sounded like nothing. I played nothing and then played that track and compared the 2 recordings and they were close enough to be considered equal.

    3. Re:Bad title! by Cuthalion · · Score: 1

      Sure you can. You may not be able to accurately play it back, but you can certainly generate any pcm data you want and burn it to cd.

      --
      Trees can't go dancing
      So do them a big favor
      Pretend dancing stinks!
  39. Other than the obvious.... by gmaestro · · Score: 4, Informative
    There are serious problems with this claim. First of which, Cage scorned the idea that 4'33" was a "silent piece." First, there are theatrical elements of David Tudor's premiere that I'm guessing are absent from this recording. Also, 4'33" is a piece in 3 movements of random length, provided that the sum their lengths equals 4'33".

    Also keep in mind this piece was premiered in an open air theatre in the forest. There would likely have been much more than silence heard.

    And this isn't even getting into the idea that it is impossible to actually hear silence.

    1. Re:Other than the obvious.... by ilsa · · Score: 1

      There's also the small matter that, IMHO, John Cage would have found this brouhaha amusing. The man did have a sense of humor, you know.

      --
      -- I Am Not A Terrorist.
    2. Re:Other than the obvious.... by Elwood+P+Dowd · · Score: 2

      It *is* impossible to hear silence... least of all because humans can hear brownian motion.

      That is, if a person is put in a specially perfectly soundproof container, they can still hear the vibration of the nitrogen molecules in the air. Humans have fantastically sensitive ears.

      --

      There are no trails. There are no trees out here.
    3. Re:Other than the obvious.... by mbogosian · · Score: 1

      Cage scorned the idea that 4'33" was a "silent piece.

      That's because it was meant as performance art. The idea was the that the "music" came not from the composer, but the audience. Cage would sit at the piano and open the lid covering the keys. People would grow silent, expecting some action to take place, and some recognizable sound to emerge. After a while, they would begin to feel uncomfortable, and perhaps whisper to their neighbor. Cage would close the lid on the keys some time into the piece signifying the end of the first movement, then open it again signifying the end of the second, and finally close it again signifying the end of the piece. It was different each time because the sounds came from the audience's reactions from increasing discomfort/anger/humor/whatever. The idea that this could be replicated on CD kind of defeats the purpose of the original intention.

      I also doubt that any specific performance (even a recorded one) could be copyrighted in this fashion without acrediting each and every audible audience member...but then again, that depends on where the microphone was placed..., but tell that to the lawyers.

  40. Strange Patents by charlie763 · · Score: 1

    This is a link to a site with links to other sites that have information on absurd patents. I know it's not coopyrights, but it will have to do.

    Wacky Patents

    --
    Welcome to the land of the free...pay toll ahead...no photography...please open your bag...
  41. a simple defense by alizard · · Score: 2
    Disclaimer: IANAL, this statement is not intended as a substitute for legal counsel and is not intended as legal advice. If you need legal advice with respect to copyright law, buy some.

    Any Cage recording would have been from the analog days... all that has to be done is to demand that the representatives produce the original master recording... crank way up until the noise content which is there regardless of what Cage's intent was is plainly audible, and run a copy of the noise-free recording that's allegedly in breach of copyright.

    Silence A != Silence B. Of course, there are even more sophisticated ways to differentiate the two, depending on the conditions that were used to generate the respective "silences".

    End of case, and hopefully start of new case where Cage's people get countersued for damages.

    One can copyright the concrete expression of an idea. Nobody can copyright an idea, and it looks to me like Cage's people are trying to claim copyright of the idea of silence in the context of a musical composition.

    1. Re:a simple defense by inc_x · · Score: 1

      If I make a new recording of someone else's composition I'm pretty certain that I'm infringing on the copyright of that composition. That doesn't mean my recording will sound anything like the original. (Being severly musically challenged and all that)

    2. Re:a simple defense by DavidTC · · Score: 1

      Un, I'm fairly certain this new track was generated by machine, and there is no sheet music what-so-ever.

      --
      If corporations are people, aren't stockholders guilty of slavery?
  42. Any Blank Medium by DumbSwede · · Score: 2
    Wouldn't any and all blank medium before recording, violate this copyright?

    If he can get the first suit to stick, then watch out for the second suit he brings -- now with precedence ;-)

  43. It's bupkis, not bupkiss! by nedron · · Score: 2

    I hate to make a big tsimmes out of this, but it's spelled bupkis (or sometimes bobkes) in English.

    --


    * As is generally the case, my opinions do not reflect those of my employer.
  44. Monastic precedent.... by jejones · · Score: 2

    It's time for the Trappist monks to sue Cage's publisher. (For that matter, you'll recall the final track, "The Monks' Vow of Silence" on the Chantmania CD. If Cage's publisher didn't sue the Benzedrine Monks of Santa Demonica, then clearly they have not been vigorously protecting their copyright, have they?)

    1. Re:Monastic precedent.... by mabinogi · · Score: 1

      You don't have to protect your copyright....it's yours....you can feel free to let some people get away with it, and others not.

      --
      Advanced users are users too!
  45. also applies to paintings by mr_exit · · Score: 1

    so paintings painted on a blank canvas are just derivitave works from my copyright on "Ode to nothingness" which stikes an uncanny resemblance to a blank canvas.....

    --

    -------
    Drink Coffee - Do Stupid Things Faster And With More Energy!
  46. I think not. by kawaichan · · Score: 1

    Slience? Human ears are crappy compare to other ears. If you hear nothing, that doesn't mean it doesn't have any sound, it just means that your ears can't pick up those frequencies.

    So what is slience here? nothing nothing, or nothing for humans?

    I heard from somewhere that absoulte slience could drive people insane, may be we could shove that gun and his lawyer to try that out :)

    --

    kawai
  47. John Cage's 4'33" by BlueFall · · Score: 5, Insightful

    I think the theory behind John Cage's 4'33" is not so much that it's a silent piece, but rather to get the audience to listen to ambient "noise" around them. The music is produced by the environment, not by the piano. You could call it conceptual art. There's a good article here.
    With this in mind, I wonder what direction the legal case should take...

    1. Re:John Cage's 4'33" by oyenstikker · · Score: 2

      Wasn't Cage just using a machine that spit out random notes, and it happened to spit out nothing for 4 minutes and 33 seconds?

      --
      The masses are the crack whores of religion.
    2. Re:John Cage's 4'33" by Buck2 · · Score: 1

      In a word: No.

      And your sig makes sense.

      --

      As my father lik@(munch munch)... ....
    3. Re:John Cage's 4'33" by danox · · Score: 3, Informative
      --
      "Me and my girl named bimbo . . . limbo . . . spam" - Captain Beefheart.
    4. Re:John Cage's 4'33" by thelinuxking · · Score: 4, Funny

      No wonder I never understood the piece...I listen to it using a pair of those noise canceling headphones...

    5. Re:John Cage's 4'33" by Snafoo · · Score: 2

      I think the theory behind it is that people will consume anything if it's packaged properly.

      --
      - undoware.ca
    6. Re:John Cage's 4'33" by arestivo · · Score: 1

      So this is just a case of a conceptual lawsuit :P

    7. Re:John Cage's 4'33" by rlbmagus · · Score: 1

      Most "hidden tracks" would be in violation as well. However, in this particular case, Tool would have a better chance of winning the lawsuit, as their album Undertow includes 59 1-second tracks of silence between the 9th song and Disgustipated, which opens with one second of silence. And yes, the vinyl and CD both have the gaps removed.

  48. John Cage and 4'33" by Pseudonym · · Score: 5, Insightful

    John Cage's piece, 4'33", was actually very clever and quite a novel idea for its time.

    One of the themes of his work is to let sounds be themselves. To that end, he composed a piece which involved a pianist holding his hands over a piano keyboard for 4 minutes and 33 seconds. The music was not silence, but rather the sound of the audience slowly realising to what was going on.

    As such, this piece can never really be recorded (unless you actually record an audience listening to it, and even then, it's not the same thing; once the sound is recorded, it is no longer the same kind of performance), and claiming that a recording of silence is even close to being the same thing as 4'33" is ludicrous.

    Mike Batt's problem is crediting Cage on the album. Yes, he did it for a laugh, but by doing so, did he inadvertantly claim legal liability?

    Personally, I think John Cage would have gotten a real kick out of the whole proceedings. It would have appealed to his sense of whimsy.

    --
    sub f{($f)=@_;print"$f(q{$f});";}f(q{sub f{($f)=@_;print"$f(q{$f});";}f});
    1. Re:John Cage and 4'33" by natenate · · Score: 2, Informative

      As such, this piece can never really be recorded

      Cage's point was to take this even further. What he's saying is that no piece can really be recorded. It's called nondeterminism.

    2. Re:John Cage and 4'33" by rgmoore · · Score: 5, Interesting
      As such, this piece can never really be recorded (unless you actually record an audience listening to it, and even then, it's not the same thing; once the sound is recorded, it is no longer the same kind of performance), and claiming that a recording of silence is even close to being the same thing as 4'33" is ludicrous.

      I find it interesting that this is coming up, if only because I happened to be at a performance of 4'33" on Friday, and that performance most certainly was recorded! (4'33" was actually just a warm up for the main work, a masterful performance of "Sontas and Interludes for Prepared Piano", and it worked very well as a warm up.)

      If anything, I'd say that an absolute blank on the disk is closer to Cage's original intent than a recording of a live performance. It forces the listener to strain his ears trying to figure out what's going on, resulting in him listening to ambient sounds. Since that was Cage's exact intent, it seems to me that it really is a copy of his work. It certainly isn't a ridiculous thing to argue about.

      --

      There's no point in questioning authority if you aren't going to listen to the answers.

    3. Re:John Cage and 4'33" by Pseudonym · · Score: 3, Interesting
      If anything, I'd say that an absolute blank on the disk is closer to Cage's original intent than a recording of a live performance. It forces the listener to strain his ears trying to figure out what's going on, resulting in him listening to ambient sounds.

      Interesting thought. I think it depends on how you listen to the CD. If you're concentrating on something else (say, you put the headphones on while you're coding), you don't strain your ears. At a live concert, you have a more captive and focussed audience.

      Of course it would be a strange person indeed who used Cage as background music. But then, I occasionally put on THRaKaTTaK while coding, so who am I to judge?

      --
      sub f{($f)=@_;print"$f(q{$f});";}f(q{sub f{($f)=@_;print"$f(q{$f});";}f});
    4. Re:John Cage and 4'33" by mpe · · Score: 2

      To that end, he composed a piece which involved a pianist holding his hands over a piano keyboard for 4 minutes and 33 seconds.

      The length, 273 seconds, is also a quite deliberate choice.

      Mike Batt's problem is crediting Cage on the album. Yes, he did it for a laugh, but by doing so, did he inadvertantly claim legal liability?

      Someone decided "derived work", in which case covered by copyright until at least 2062.

    5. Re:John Cage and 4'33" by RatFink100 · · Score: 2
      If anything, I'd say that an absolute blank on the disk is closer to Cage's original intent than a recording of a live performance. It forces the listener to strain his ears trying to figure out what's going on, resulting in him listening to ambient sounds. Since that was Cage's exact intent, it seems to me that it really is a copy of his work. It certainly isn't a ridiculous thing to argue about.

      However since the CD track and Cage's piece have different durations then one must conclude that this is a different expression of the same idea - and as such is not copyrighted to Cage.

      Unless of course you can prove that Batt's piece is an excerpt from 4'33" - but then we're back to the ridiculous again - are two pieces of silence the same. I'm thinking of composing a piece myself which consists of two separate 1min silences and the audience is invited to compare the two :)

    6. Re:John Cage and 4'33" by jcr · · Score: 1, Troll

      John Cage's piece, 4'33", was actually very clever and quite a novel idea for its time.

      In a word: bullshit.

      Cage was a con man, and even less of a musical talent than Richard Wagner (if such a thing is possible.)

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    7. Re:John Cage and 4'33" by dr_eaerth · · Score: 1

      To that end, he composed a piece which involved a pianist holding his hands over a piano keyboard for 4 minutes and 33 seconds. The music was not silence, but rather the sound of the audience slowly realising to what was going on.

      So what you're saying is John Cage was a classical music troll.

      I like that.

    8. Re:John Cage and 4'33" by Pseudonym · · Score: 2
      So what you're saying is John Cage was a classical music troll.

      There's a fine line between "troll", "hacker", "deluded self-important kook" and "avant garde genius".

      Take your pick. Whichever one you choose, "extremely clever" still seems entirely appropriate.

      --
      sub f{($f)=@_;print"$f(q{$f});";}f(q{sub f{($f)=@_;print"$f(q{$f});";}f});
  49. Probably a mistake... by alphaseven · · Score: 3, Informative
    From this L.A. Times article: Gene Caprioglio, a representative of Cage's American publisher, explained that the British organization that collects royalties had sent its standard license form to Batt. No one had sent a letter to Batt, he maintained--enraged or otherwise.

    So it looks like this was just a standard form letter that was sent out because Batt jokingly credited cage as a composer.

  50. In other news.... by unformed · · Score: 2

    I henceforth copyright the entity known as 'whitespace', From now on, anybody who utilizes this so-called 'whitespace' as a breaking symbol in between words, numbers, and/or other symbols, and is of the color 'white', and has not licensed such use, will be used for $1000 per cm^3 of the previously defined 'whitespace'.

    1. Re:In other news.... by Daetrin · · Score: 2
      From now on, anybody who utilizes this so-called 'whitespace' as a breaking symbol in between words, numbers, and/or other symbols, and is of the color 'white', and has not licensed such use, will be used for $1000 per cm^3 of the previously defined 'whitespace'.

      Anyone who violates the copyright will be "used for $1000"? *shudder*

      However you might have better success by lowering your price a little. charge 1/100 of a cent or some value such that for most works the final amount comes out to a buck or two. Then you might actually get something out of people by threatening them with legal action which would be much more costly for them than just giving you the buck :)

      --
      This Space Intentionally Left Blank
  51. Prior Art by Anonymous Coward · · Score: 1, Funny

    I hereby copyright the sound of a tree falling in the middle of a forest when no one is around to hear it.

    Dear AmigaAvenger:

    I produced this before you did. Unfortunately I have to witnesses for obvious reasons, but I have a recording--which, by the way, and not obvious to the casual listener, is NOT a copy of John Cage's 4'33" or any track from Mike Batt's album. You are hereby requested to turn over all rights licence fees to me and cease and desist any new licensing of said work and claims to rights of said work.

    1. Re:Prior art by foobar104 · · Score: 2

      There are at least two examples of prior art in this case. In the 1960's... In the 1970's...

      Cage's 4'33" was first performed in 1952. But that doesn't matter anyway, because "prior art" doesn't apply to copyright claims. If I own the copyright on something, can I choose to sue one person who violates it while ignoring or even condoning another. Copyright is inviolable until such time as it expires.

      By the way, you obviously have no idea what 4'33" is all about. Crack a book sometime before dashing off on the subject.

    2. Re:Prior art by inc_x · · Score: 1

      This isn't related to a patent so pior art is not something that makes a difference. The problem is that the composition is _copied_ from Mr. Cage, the CD itself acknowedges this. If the CD hadn't mentioned it it would be a much more difficult case since then Mr Bate could claim that he had created the composition independently and it would be nearly impossible to prove that he had copied it from Cage.

  52. Seinfeld by CNeb96 · · Score: 1

    Weren't George and Jerry going to make a show about this?

  53. So... what about Maranda rights? by Jhon · · Score: 1

    Do we still have the right to remain .... silent? Or will that right now cost us royalties? At least until silence is in the public domain?

    -jhon

  54. Silence is art? by thelinuxking · · Score: 1

    If famous musician's consider silence worthy to be a track on a cd, I can sell that stack of blank cd's I got for a fortune!

  55. Memories of Abbot & Costello? by aarondsouza · · Score: 1
    Anybody else out there thinks that the proceeding's of this case would be a great sequel to the Abbot & Costello classic "Who's on first?"

    Judge: So you say he stole what?

    [...silence...]

    Judge: Do you think I have all day?

    lawyer: I just told you!

    Judge: So what did you say he stole?

    lawyer: He stole...[silence]...

    Judge: Cat got your tongue?

    ...

    --
    "In mathematics, it's not enough to read the words -- you have to hear the music"
  56. Add Type-O Negative to that suit by Krutontar · · Score: 1

    Track 6 on their first album "Slow Deep and Hard" is called "the misinterpretation of silence and its disasterous consequences" and it is 1:04 of total silence. What an appropriate track name. It also appears in remix form on their greatest hits CD.

  57. Prior art by mikosullivan · · Score: 2
    There are at least two examples of prior art in this case. In the 1960's someone released a single titled "Three Minutes of Silence" that enjoyed a brief popularity. The record actually provided a valued service: patrons at diners could purchase three minutes of relief from the jukebox. In the 1970's a copycat (who shoulda been SUED!!!) released a single titled "Silent Knight" that enjoyed no popularity at all.

    My source on this is a bit of trivia mentioned by Mr. Top 40 himself, Casey Casem on one of his shows.

    --
    Miko O'Sullivan
  58. Re:The Independent is not to be trusted by ogre2112 · · Score: 1

    Yes, a 404 error. You're right, very low quality. Thank you.

  59. Clean Room? by Sloppy · · Score: 2

    Has Batt heard Cage's piece? If not, he may have just independently implemented it from the spec.

    --
    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  60. Devil's Advocate by WEFUNK · · Score: 5, Insightful

    From the article: "They say they are claiming copyright on a piece of mine called 'One Minute's Silence' on the Planets' album, which I credit Batt/Cage just for a laugh. But my silence is original silence, not a quotation from his silence."

    This sounds very silly, but maybe there is a valid point to be made. Mike Batt has a silent track on his album, apparently in something of an homage to avant-garde, experimentalist composer John Cage. To reinforce the connection he even co-credits Cage on the track (but presumably isn't giving out any royalties).

    If he simply left a minute of silence on his album (without the credit) then I'd definitely think that there's nothing there. However, by crediting Cage (even as a joke or a tribute) he has opened himself up to charges of copyright infringement and/or misrepresentation.

    Without even "listening", one would get the impression (from his liner notes) that his work either draws from Cage, or is co-authored by him. This goes beyond copyright - for instance, even if Mickey Mouse became public domain, no one using should ever be allowed to pretend to be either Disney or to be authorized by Disney (without their permission).

    IANAL, but to me there are two valid reasons for IP laws. The first is to encourage dissemination of ideas by rewarding creativity. This is the one that is generally criticized, since the method of reward (monopoly etc.) is somewhat arbitrary and frequently abused. The other reason for IP protection is to prevent misrepresentation. This concept should always be upheld, even regardless of whether a copyright, patent, or trademark has expired.

    I appreciate the subtle satire achieved by crediting Cage, but in this case it leaves the potential for confusion and the impression that Cage has contributed to and is getting reimbursed for the work. The lawyers might not agree, but Cage should either pay up, remove the credit only, or (my preferred choice) clearly identify the work (including the credit, which has artistic merit) as a non-derivative tribute/satire.

    PS. Sorry about the pun's (unintentional, honest).

    --
    My next sig will be ready soon, but friends can beat the rush!
    1. Re:Devil's Advocate by wfrp01 · · Score: 1

      The other reason for IP protection is to prevent misrepresentation. This concept should always be upheld, even regardless of whether a copyright, patent, or trademark has expired.

      Huh? Says who? IP law did and does not materialize from the ether. Congress makes laws according to powers prescribed by the constitution. If they overstep their mandate, the courts, in due course, correct their misbehavior.

      See article 1, section 8 of the United States Constitution for more information on this matter.

      --

      --Lawrence Lessig for Congress!
    2. Re:Devil's Advocate by IHateUniqueNicks · · Score: 2, Informative

      even if Mickey Mouse became public domain

      You forget, Micky Mouse IS in the public domain. Here's the legal reasoning.

    3. Re:Devil's Advocate by g4dget · · Score: 1
      If he simply left a minute of silence on his album (without the credit) then I'd definitely think that there's nothing there. However, by crediting Cage (even as a joke or a tribute) he has opened himself up to charges of copyright infringement and/or misrepresentation.

      That's absurd. You don't infringe someone's copyright or misrepresent them by acknowledging their prior contributions. You infringe someone's copyright by, well, copying their work. Now, leaving a minute of silence is a neat artistic idea, but ideas aren't copyrightable, only expressions of those ideas. And there is simply nothing about a minute of silence as an expression of an idea that is unique--there were plenty of silences everywhere before Cage.

    4. Re:Devil's Advocate by fferreres · · Score: 1

      The other reason for IP protection is to prevent misrepresentation.

      Are you for real? Silence predates life on earth. He can quote whatever he likes in the album, inluding Cage. He is not claming Cage did that silence. It's just silence.

      Common sense for crist sake. I guess common sense is, somehow, something which not many people have, despite it beign free and in the public domain...

      --
      unfinished: (adj.)
    5. Re:Devil's Advocate by deblau · · Score: 2
      Without even "listening", one would get the impression (from his liner notes) that his work either draws from Cage, or is co-authored by him. This goes beyond copyright - for instance, even if Mickey Mouse became public domain, no one using should ever be allowed to pretend to be either Disney or to be authorized by Disney (without their permission).
      IA(Also)NAL, but there are a couple of points to be made. First, if Mickey Mouse becomes public domain, that means that Disney no longer owns it. Period, end of story, both in spirit and letter of law (as I understand it). If someone then draws a MM cartoon, that's good for them. If they claim to be Disney, that's fraud, and punishable to be sure, but it no longer has anything to do with copyright. For example, if I claimed to be Thomas Jefferson, and went around suing people for printing the Constitution in textbooks, I'd have a helluva time trying to convince a judge I had a copyright case, even if I really were Jefferson.

      Which brings me to my second comment, whether or not Mr Batt should get in trouble. Unless Cage (or, rather, his estate) explicitly gave up copyright priveledges, one particular recording of nothing belongs to Mr Cage. If Mr Batt can prove that his silence was obtained from a different source, then, as nothing was copied, a sane judge would have to find the copyright isn't applicable. On the other hand, if it can be shown that Mr Batt does make a claim to be associated with Mr Cage when he isn't (and you'd need more than attribution to have association), he might stand a change of being convicted of fraud.

      --
      This post expresses my opinion, not that of my employer. And yes, IAAL.
    6. Re:Devil's Advocate by Tony-A · · Score: 1, Offtopic

      then, as nothing was copied, a sane judge would have to find the copyright isn't applicable.
      NOTHING was copied, regardless of the source.

    7. Re:Devil's Advocate by WEFUNK · · Score: 2

      Huh? Says who? IP law did and does not materialize from the ether. Congress makes laws according to powers prescribed by the constitution.

      I'm talking about IP law in conceptual and international terms, and not limiting the discussion to the US alone. For instance, under the "Berne Convention for the Protection of Literary and Artistic Works":

      "Independently of the author's economic rights, and even after the transfer of the said rights, the author shall have the right to claim authorship of the work and to object to any distortion, mutilation or other modification of, or other derogatory action in relation to, the said work, which would be prejudicial to his honor or reputation."

      This speaks to my point about IP law working to protect misrepresentation or misattribution of an author's work. In addition, from an earlier reply to my comment, the interesting article on Mickey Mouse being public domain suggests that US law has similar provisions to this clause.

      Personally speaking, if any lawsuit does arise from this matter it will be another very sad comment on the state of artistic expression and the law. In acting as devil's advocate my point was to suggest that there might be some validity to any claim of infringement or misrepresentation, but in actuality this should only apply if we take a lowest common denominator view of the law (which happens far too often).

      That being said, it seems a little premature to discuss lawsuits since it appears that the letter he received was a form letter sent out based on the credit to Cage (i.e. You've attributed us on your work but we haven't received a check yet. What's up?). Hopefully the lawyers won't get involved.

      --
      My next sig will be ready soon, but friends can beat the rush!
    8. Re:Devil's Advocate by DancingSword · · Score: 1
      I(thank buddha/god)AANAL(either)
      Copyright has several roots:
      -the Author has copyright on the work,
      -the Performer has copyright on the performance,
      and there are also rights associated with the compilation/mechanical-contrivance etc.

      A recording of Weird Al playing an unadulterated version of The Beatles' 'Help' would be copyright infringement, just as would an unauthorized recording of the Beatles performing it.

      If Mr Cage is claiming copyright on deliberately recorded silence, and the court upholds this claim, then that kind of silence is what is copyrighted, and it doesn't matter if one's own recorded silence was differently sourced than was Mr Cage's: If the court grants that Mr Cage is the author of 'deliberately recorded silence', that's that.
      Period.
      The court may put a limit on it, saying 'deliberate recordings of this duration +-30% are owned by Mr Cage', or whatever, but that is our law.
      Isn't it great that we replace all those old human-monarchs with corporate-person-monarchs? Now we have made our own lords who cannot be caused to experience mortal consequences for their rule!. . .
      --
      Messages to/for me ( in me journal )
  61. Kim Crimson and etc. by dawnsnow · · Score: 1

    King Crimson's first album In The Court Of The Crimson King also include quite a long silent moment. And they made this album in 1969!

    Korn's Follow The Leader album has first 12 tracks with no sounds.

  62. About the Cage composition by spaten-optimator · · Score: 2, Informative

    Cage's 4'33" (4 minutes, 33 seconds) was mostly an experiment into the nature of silence.

    Cage actually spent a lot of time researching Zen teachings. His research into silence eventually led him to Harvard University and a visit to its Anechoic Chamber - a closed environment supposedly complete free of noise.

    "While he literally expected to hear nothing, after leaving the chamber, Cage explained to a nearby engineer that he had heard two sounds in the chamber, one high, and one low. The engineer told Cage that the high sound was his nervous system in operation, and that the low sound was his blood circulating"

    The point of 4'33" was to state that there is no such thing as silence. For more info, check out this paper by Andrew Schulze on the subject.

    --

    --
    Disclaimer: The above statement probably includes half-truths, because real truth is too complicated.
  63. Track 1 by Anonvmous+Coward · · Score: 1



    I've set up a Paypal account so you all can pay me for reading this.

  64. Korn didn't get sued... by Tokerat · · Score: 2


    ...their 1998 album "Follow The Leader" featured 12 tracks of silence before the music began.

    Observe.

    Obviously this is going to be thrown right out. Interesting though is the "composer" of this particular "silence" credited Cage's 4'33" (see this post). Coudl that alone do it? IANAL...

    --
    CAn'T CompreHend SARcaSm?
  65. The most ludicrous Copyright ever! "Have Fun!" by puto · · Score: 2, Funny

    As a former employee of Pat Obriens in the French Quarter in New Orleans I can let you in on a little known fact.

    They have the phrase "Have Fun!" copyrighted. So I guess you cant say it or have fun without dire results.

    If you check their web-page out, look at the very bottome and you can read it in the blurb there.

    http://www.patobriens.com/havefun.html

    Just thought of something, if we slashdot their box, it is almost the equivalent of what their booz has been doing to people for years.

    Puto

    --
    The Revolution Will Not Be Televised
    1. Re:The most ludicrous Copyright ever! "Have Fun!" by PurpleBob · · Score: 4, Informative

      Welcome to Slashdot, where Copyright == Trademark.

      It even says on the page you linked: "'Have Fun!' is a registered trademark of Pat O'Brien's".

      Which is still somewhat absurd, but they probably do have some legal ground - if some competing establishment tried to use "Have Fun!" as a slogan, it would justifiably be considered trademark infringement.

      If the words "Have Fun!" really were considered a copyrightable work of literature, it would indeed be the most ludicrous copyright ever, so it's rather nice that that's entirely untrue.

      --
      Win dain a lotica, en vai tu ri silota
    2. Re:The most ludicrous Copyright ever! "Have Fun!" by PurpleBob · · Score: 2

      Oh right. IANAL.

      --
      Win dain a lotica, en vai tu ri silota
    3. Re:The most ludicrous Copyright ever! "Have Fun!" by GutBomb · · Score: 2

      Baby Ruth is a registered trademark of Nestlé, Inc.

  66. Silence by nukeade · · Score: 1

    Oh no! It seems that I've already pirated this song and that I've been listening to it for quite some time! I hope the RIAA doesn't find out. I guess I have to buy the CD if I want to listen to nothing now. Damn you RIAA!

    ~Ben

  67. beyond belief by squarefish · · Score: 1

    Cage is cool, but this completely fucked up. Will any lawyer support this kind of harassement? What are these people on? It's a different quantity of silence, does that make a difference. Does John Cage hold a patent on silence? If so, I bet he could make billions over the WTC tragedy! WTF???

    --
    Creationists are a lot like zombies. Slow, but powerful and numerous. And they all want to eat our brains.
  68. Crediting it to "Cage" was their biggest mistake by robolemon · · Score: 1
    There probably wouldn't have been so much of a problem if it weren't for this little "innocent" joke.

    From the article:

    They say they are claiming copyright on a piece of mine called 'One Minute's Silence' on the Planets' album, which I credit Batt/Cage just for a laugh. But my silence is original silence, not a quotation from his silence."

    Moral of the story? Don't put jokes in your legal info! There's always someone who doesn't find it that funny, or who is ready to one-up your abilities by creating a comedic artistic performance known as "Litigation".

    It's the same idea as saying that your P2P audio distribution system is for avoiding RIAA fines. Considering how horrible the system is for artists anyway, putting in additional names of people that don't exist certainly doesn't help licensing matters. What if someone wanted permission to put your performance in their silent movie? They would go out searching for this Cage fellow and never get anywhere! Then they'd be forced to fill their silent film with white noise instead. (And of course they'd make sure that's its unique from other white noise performances)

    --

    I design user interfaces for a free network management application,

  69. I wonder... by GrandCow · · Score: 4, Interesting

    How does this bode for CD's with a "secret track" on them? I'm talking about the CD's where on the last track, after the main song is finished, there is about 6 minutes of silence and then some more music or a clip of the band talking and hanging out. Do all these CD's infringe on the copyright?

    --
    "Well kids, you tried your best, and you failed. The lesson is, never try." -Homer Simpson
    1. Re:I wonder... by Tina+Russell · · Score: 1

      Yeah! And what about gaps between tracks? Shouldn't Cage get royalties?

  70. I've actually learned about 4'33"... by Not+Quite+Jake · · Score: 2, Informative

    And it's a piece intended to be performed live, the musician plays nothing but the audience is moving in their chairs, whispering about what's going on, coughing, sneezing etc. and this is the beauty of Cage's piece. It's different everytime.

  71. In news just in.... by gobbledok · · Score: 1

    Mike Batt's lawyers have advised him to keep silent and avoid saying anything further that may incriminate him!

    --
    47 Meelion Dollars!?! I'm the cat!
  72. Price of sketch pads went up.. by NanoGator · · Score: 2

    In other news, the price of Sketch Pads has increased by %.27 cents a page. Artists across the country are furious over this ridiculous price increase after a reputable modern artist copyrighted a blank canvas and demanded licensing fees for the reproduction of his work. His work, "A Polar Bear Blinking in a Blizzard", caught the art world by storm through his originality and artistic efficiency.

    --
    "Derp de derp."
  73. Read the article by Fished · · Score: 2, Informative

    It appears that the producer actually makes reference to Cage in the credits - in fact, gives him credit for the track. In that light, this would seem to be at least somewhat derivative. Still absurd, but not quite as absurd as it would seem otherwise.

    --
    "He who would learn astronomy, and other recondite arts, let him go elsewhere. " -- John Calvin, commenting on Genesis 1
  74. torture by squarefish · · Score: 1

    These people should be locked in a room for 10 years force to listen to new silent track repeatedly, not the original "4'33". I'm sure they would consider canabalism to be a blessing in this situation.

    --
    Creationists are a lot like zombies. Slow, but powerful and numerous. And they all want to eat our brains.
  75. FreeBSD in court trouble? by Tablizer · · Score: 3, Funny

    It seems like the new FreeBSD Logo is violating a copyright also.

  76. I feel their pain by jcsehak · · Score: 2

    I copyrighted the note "F" some time ago, and almost successfully sued Britney Spears for using it without my permission, except her lawyers found a loophole, claiming that she wes really singing "E#." Fucking lawyers.

    --

    c-hack.com |
  77. Opening the floodgates by Raul654 · · Score: 1

    IANAL, but:

    Unless I am mistaken, res judica (variant of collateral estoppel) says that if a claim in one court is upheld, it is assumed to be legitiment. In other words, in this case, let's say Mr. Batt's lawyers make a motion to dismiss the case on the grounds that you cannot copyright sounds that occur naturally. And let us further assume that he loses that motion. Under res judica, lawyers in other such suits could then argue that because the judge dismissed the motion and allowed the case to proceed, it is assumed you that can in fact copyright sounds that occur naturally. Then, everyone who has ever included ocean sounds, or wind, or flowing water on their album could be sued. Is there something wrong with that line of thought?

    --


    To make laws that man cannot, and will not obey, serves to bring all law into contempt.
    --E.C. Stanton
    1. Re:Opening the floodgates by danb35 · · Score: 1

      IAAL, and you are quite mistaken. Res judicata acts to bar relitigating an issue which has perviously been decided in the same cause of action. This means, among other things, that the parties must be the same. So, if Batt's motion to dismiss is denied, he can't subsequently raise the issue in the same proceeding (though he could still raise it on appeal).

      The court's decision could be considered by other courts facing the same issue, but it wouldn't be binding on them.

    2. Re:Opening the floodgates by Raul654 · · Score: 1

      Ah - so it sets precedent but is not binding. Thanks greatly for the information.

      --


      To make laws that man cannot, and will not obey, serves to bring all law into contempt.
      --E.C. Stanton
  78. but I've already patented it by Virtex · · Score: 2

    How can these clowns hope to copyright silence when I've already obtained 3 patents on it?

    --
    For every post, there is an equal and opposite re-post.
    1. Re:but I've already patented it by eddy+the+lip · · Score: 2

      Obviously, it was generated in an entirely different way. If, for instance, your patent is for the tree-in-an-empty-forest method and they utilized the more esoteric clapping-with-one-hand method, they haven't violated your patent.

      --

      This is the voice of World Control. I bring you Peace.

    2. Re:but I've already patented it by Virtex · · Score: 3, Funny

      But, but, but ...

      I've patented the concepts of making silence through (1) not making any noise, (2) failing to record said noise, and (3) a catch-all that covers anything that might not be covered by the first two.

      I asked my lawyer if I had missed anything, and when he paused for a second, I had him arrested for violating my patent. Maybe that was a bad idea?

      --
      For every post, there is an equal and opposite re-post.
    3. Re:but I've already patented it by wolf- · · Score: 1

      Well, I have the bear crapping in the woods method under a patent...

      --
      ----- LoboSoft specializes in Digital Language Lab
  79. I can't believe that was posted... by Delphix · · Score: 1

    While this is true... my God... that's just the epitomy of ...(there is no word to describe how stupid!) Enough with the frivolous lawsuits...atleast on Slashdot.

    -1 Troll, -1 Flamebait

  80. Miranda Rights vs Copy Rights by SHEENmaster · · Score: 1

    You have the right to remain silent, except where excluded by the copyrights of others.

    --
    You can't judge a book by the way it wears its hair.
  81. I'm going to go broke by DaveAtFraud · · Score: 1

    I'm trying to get ALSA working with the 2.5.24 kernel and now I'm going to have to pay royalties on all of the silence. AHHHhhhhhhh!!!!!!

    --
    They that can give up essential liberty to obtain a little temporary safety deserve neither safety nor liberty.
    Ben
  82. Strangely Enough by Alpha+State · · Score: 2

    John Cage himself has been silent on the issue.

    1. Re:Strangely Enough by DMDx86 · · Score: 1

      John Cage himself has been silent on the issue.


      The RIAA is investigating. Thank you for reporting this to us.

  83. The Wombles - Copyright infringers by ukryule · · Score: 2
    From the article, this is the man behind The Wombles music. If you check out the theme tune, what do you hear?

    Making good use of the things that we find,
    Things that the everyday folks leave behind.

    Have you ever heard a more blatent admission of IP theft? Lock him up now, I say!

    P.S. Please ignore this post if you didn't grow up in England in the 70s/80s...
  84. this is so wrong... by squarefish · · Score: 1

    That I bet the RIAA is all over it!

    --
    Creationists are a lot like zombies. Slow, but powerful and numerous. And they all want to eat our brains.
  85. A newer higher concept copyright. by Nathdot · · Score: 2

    My proposal:
    Mic feces and recorded it in a studio. (Make sure the acoustics of the room are just right and EQ out any reflected sound).

    Every time somebody claims that music playing on the radio sounds like shit, sue the band's asses off!

    "That sounds very similar to my piece 'Fecal Matter in D Minor'! I am insensed! I'll settle for $3,000,000 out of court. Ta"

    :)

  86. didn't millie by www.sorehands.com · · Score: 1
    Didn't millie-vanilli copyright silent singing?


    People back then called it lup syncing.

  87. Excelent... by dragoncow2 · · Score: 1

    Well, my school has a nice 'moment of silence' which is conviently one minute, coincidence, i think not! They did not give any citation to Cage, therefore can be sue'd. Copyright infringement should not be taken lightly! They must take action, now!

    1. Re:Excelent... by wolf- · · Score: 1

      Well, your school's moment of silence is sure to offend others....

      --
      ----- LoboSoft specializes in Digital Language Lab
  88. Buddhism and the law by Roachgod · · Score: 1

    Does this mean that when buddhists answer questions with nothing, they are breaking the law? and wouldn't that also mean they are having their freedom of religion infringed upon?

  89. Just Can't Laugh... by yiantsbro · · Score: 1

    I want to do it...
    It certainly seems funny enough to laught at...
    Wish I could see this as some silly situation seen in a movie...

    But I can't...

    It's just downright scary how common stupid acts have become in our legal system (the system that governs our society behavior)

  90. fair use a la jeff koons by evacuate_the_bull · · Score: 1

    according to my studies on fair use and copyright, media can be used legally under fair use if it recontexturalizes something or uses it as a commentary (koons vs. art rogers)

    http://www.pdnonline.com/pix/isay/0800.html

    however, since silence is the absence of sound (no sound), it's hard to see how you can recontexturalize nothing. but at the same time it's hard to claim nothing as your own...

    --
    Satanists get good grades too...suspiciously good grades
  91. John Cage? by ferrocene · · Score: 1

    Isn't that the guy from Mortal Kombat?

    (in darth vader voice:)

    *Fatality...*

    --
    Most folk'll never lose a toe, and then again some folk'll...
  92. Digital v Analog by mgkimsal2 · · Score: 2

    My guess is that there really *is* a big difference at the barest levels. Chances are good the original 'silence' was an analog recording, which wouldn't sound the same as digital silence. The media to playback the original would have been tape/vinyl/whatever. This current silence was either recorded or just reproduced digitally, probably intended for CDs primarily. Look at a sonic meter thingy analyzing Cage's silence and the Batt silence. I'm sure there's a *big* difference.

  93. Prior Art. Enough said. by AntiNorm · · Score: 1, Redundant

    Johnny Cage's "Four minutes thirty-three seconds of silence." Written in 1952.

    --

    I pledge allegiance to the flag...
    of the Corporate States of America...
  94. MOD UP by mgkimsal2 · · Score: 2

    Damn, I wish I had my points back - excellent issue you raise! This might not seem such a big deal in the socialist UK, but it's blatantly obvious to us yanks. :)

  95. Prior? by sudotcsh · · Score: 2, Funny

    What about my "Best of Marcel Marceau" LP, copyright 1955?

  96. Blank media tax by G-funk · · Score: 5, Funny

    Hey, all you canucks out there - no need to pay blank media taxes on cd-rs... they're not blank. they're simply recordings of a cover of 4'33" :-)

    --
    Send lawyers, guns, and money!
    1. Re:Blank media tax by Grax · · Score: 5, Funny

      How come they're 74 minutes long then?

      It is the dance mix.

    2. Re:Blank media tax by G-funk · · Score: 1

      This post is why you should have a sig of some sort. I (and I assume many other people) are used to ignoring the last line of text. I stared at this for a while thinking "what kinda gay question is that?" eventually i noticed and read the next line, and it's pretty damned funny.

      Anyway, that's my off-topic karma burning post of the day.

      --
      Send lawyers, guns, and money!
    3. Re:Blank media tax by Alsee · · Score: 1

      This post is why you should have a sig of some sort.

      There's a slashdot option that will put a "--" before any SIG. Makes it easier to avoid that mistake.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  97. Robin! To the Bat Cage! by Herak · · Score: 1

    "which I credit Batt/Cage just for a laugh." Joker: Hahaha, using this Bat Cage, I will make Batman silent for MUCH longer than 4'33"!

  98. Re:I'll right (sic) your copy! by russianspy · · Score: 3, Informative

    I have no idea why I even bother...

    Have you perchance noticed the line:
    memset(silence, 0, sizeof(silence));

    Hmm... I wonder what it does. Set's the the memory array, pointed to by silence to zero? Up until the size of silence?

    Why do people post replies before they read the original posts?

  99. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  100. I've heard this before... by SailFly · · Score: 1

    ...the sound of one hand clapping, right?

  101. count to 10... deep breaths.. all that by pavera · · Score: 1

    Well, really its pretty darn funny.
    I as was Batt, was in hysterics reading the article.
    It is pretty darn funny really... I mean attorneys are dumb, and people certainly are sue happy lately.. which is sad.. but its just funny
    just laugh..

  102. What is music? by sflanker · · Score: 1

    What is music but a particular wave form? Is a copyright dependent on the devices and methods by which the wave form was created? Is there any difference between copyrighting a wave form of Enter Sandman by Metallica and copyrighting a flat wave form that represents silence?

    I'm not saying one should be able to copyright silence, I'm saying there is something wrong with the idea of copyright in general.

  103. Silance by NetGyver · · Score: 1

    I really pitty the deaf-mutes...to think everyday of their lives they are listening to copyrighted silence without paying for it, and reproduce it without permission.

    The horror.

    --
    A Penny for my thoughts? Here's my two cents. I got ripped off!
  104. And in related news by Anonymous Coward · · Score: 2, Funny

    NASA and their team of astronauts are being sued for contributary copyright infringement; In space, no one can hear you scream.

    1. Re:And in related news by zer0vector · · Score: 1

      Well if you really want to get picky, you would have to sue the producers of Alien for that line.

      --

      ----
      Striving to put right what once went wrong, and hoping each time that his next leap, will be the leap ho
  105. Shoot! Now I can't work anymore! by curtoid · · Score: 2, Funny

    Now what am I supposed to do during the marketing presentation when I am usually SSS (Skeptically Sitting Silently).....

  106. Compression... by zulux · · Score: 1

    Hey this stuff compresses wonderfully down to zero bits with my new MP3000 patent-pending compression technique. Take that Fraunhoffer and your crappy MP3's.

    --

    Moneyed corporations, non-working 'poor' and criminal prisoners are turning productive citizens into tax-slaves.

    1. Re:Compression... by sharph · · Score: 1

      Hey ogg actually does compress down to 0kbs when you use silence...

  107. Better Than Ezra by kzinti · · Score: 2

    The Louisiana band Better Than Ezra has a track at the end of their album "Deluxe" that includes a long period of silence. The track starts with the song "Coyote", which is followed by a very long silence, a minute or two, then there is what can only be described as a nonsense song which has the refrain "Der pork und beans mit saurkrauten". So why didn't John Cage's minions get upset over that - merely because it's not listed in the credits as a separate song?

    The silence always fools me into thinking that the music is over - which is probably what it's meant to do, being at the end of the CD. It's especially confusing when I'm listening to a bunch of randomized mp3s; I hit that silence and "What, my playlist is over already?" If I'm coding or something, I just tolerate the silence, thinking I'll start some new tracks at the next compile. Then the "hidden" song starts, and I realize I've been fooled again.

    The Cage estate should sue BTE and make them recall all those nasty hurtful fooling CDs. More lawyers! Litigation solves everything!

    BTW, Tom Petty put a little CD-only track into the middle of his "Full Moon Fever" CD many years ago. It was a spoken bit, with the studio musicians in the background making barnyard noises, and Tom says "Hello CD listeners! We've come to the point in this album where those listening on record or cassette will have to stand up, or sit down and turn over the record or tape. In fairness to those listeners, we'll now take a few seconds before we begin side2... Thank you. Here's side2..."

    Am I offtopic yet?

    --Jim

  108. close... by Supergrass · · Score: 1

    John Cage is the composer. Johnny Cage is a character from Mortal Kombat.

    --
    Wherever there's a will, there's a motorway.
  109. previous works by fozzy(pro) · · Score: 1

    Someone had to have copyrighted silence or silent parts in songs before. I would think you could argue previous works that have entered the public domain.

    The only other thing would be to chalenge the duration. if the judge doesn't throw it out which hopefullyu he does.

  110. Life with the Lions. by os2fan · · Score: 2
    John Lennon and Yoko Ono did a "Two Minutes Silence" on the 1969 LP Life with the Lions. I read somewhere at that point about the possibility of copyright etc. but forget what the outcome was.

    I'm not sure when Cage's peice came out.

    It appears to have been standard practice or common practice with LP's in the sixties, to distribute them with a blank second side. The LP Life with the Lions was compared unfavourably with this. It is an avant guarde LP.

    I am not a lawyer, but I think there is established prior art on silence, and the only new peice that one could suggest is that if the silence is "intended for" some rememberence or some other significance. That is, the a given significance of the silence might be copyrightable, not the silence itslef.

    --
    OS/2 - because choice is a terrible thing to waste.
    1. Re:Life with the Lions. by brettper · · Score: 1

      John Lennon and Yoko Ono did a "Two Minutes Silence" - and Soundgarden had a cover of this on Ultramega OK. I'm pretty sure they credited the authors, don't know about royalties though.

  111. THIS TRACK INTENTIONALLY LEFT BLANK by SirNarfsALot · · Score: 1

    Hush, little baby, don't say a word, momma's gonna sue for reckless prosecution...

  112. Phillp Glass by Monkelectric · · Score: 4, Funny
    Sued me over my math homework.

    Oh wait this is Slashdot, no one will get that.

    --

    Religion is a gateway psychosis. -- Dave Foley

    1. Re:Phillp Glass by NaDrew · · Score: 1

      A composer named Philip Glass,
      Philip Glass, Philip Glass, Philip Glass,
      Philip Glass, Philip Glass,
      Philip Glass, Philip Glass,
      Philip Glass, Philip Glass, Philip Glass.

      -----
      Lameness filter encountered.
      Your comment violated the "postercomment"
      compression filter. Try less whitespace and/or
      less repetition. Comment aborted.
      -----
      There ought to be an exemption for poetry.

      --
      Vista:XPSP2::ME:98SE
    2. Re:Phillp Glass by Buck2 · · Score: 1

      Was the supermarket air-conditioned before it was warm?

      I have lots of plumes.

      --

      As my father lik@(munch munch)... ....
    3. Re:Phillp Glass by Art+Tatum · · Score: 1

      Hey now. Some of us have music degrees, y'know. ;-)

    4. Re:Phillp Glass by macdaddy357 · · Score: 1

      I'll celebrate the fourth on the third with a fifth!

      --
      How ya like dat?
    5. Re:Phillp Glass by cmark · · Score: 1

      http://www.philipglass.com/glassengine/#

      This is fairly cool from Philip Glass and IBM.

    6. Re:Phillp Glass by MrFredBloggs · · Score: 1

      It would be fairly easy to knock up a Philip Glass simulator. All you`d need is a major/minor key selector, BPM and length of output. I dunno, perhaps thats what he`s been using for the last 30 years?

    7. Re:Phillp Glass by WeedMonkey · · Score: 1

      In an interview I once read with him, he gave his working method:

      (1) Sit around thinking about music you want to write.
      (2) Repeat (1) until you have got an entire CD's worth of music in your head.
      (3) Go to a studio with a decent grand piano and bash it all out.

      As someone who can't even program a loop in Cubase's drum editor without having the thing looping round in the background, I was pretty impressed with that.

    8. Re:Phillp Glass by Thenomain · · Score: 1

      Yeah, and Laurie Anderson sued me over my computer program written in BASIC.

      (If you got the Phillip Glass joke, I hope you got this. Take *that*, Bembridge Scholars!)

      --
      This now concludes our broadcast day.
    9. Re:Phillp Glass by Fluid+Truth · · Score: 1

      Of course we will! He was mocked in an episode of South Park. ;-)

      --
      Apparently, of the rich, by the rich, for the rich.
  113. Hmmm by Treeluvinhippy · · Score: 1

    I wonder if Cowboy Neal is copyrighted?

    --
    >
  114. Nixon by adam613 · · Score: 5, Funny

    Former US President Richard Nixon can claim prior art on this. He recorded 18 and a half minutes of silence back in the 70s.

  115. Bubkes by Phillip+Birmingham · · Score: 2

    Not "bupkis." Means "beans."

    --
    Make me aerodynamic in the evening air
  116. I'm not sure what to make of this... by Trick · · Score: 2

    I'd go on a rant about how inaccurate Slashdot stories usually are (for examples in just the last two days, see the story about Microsoft changing its EULA when it didn't, the report that Mandrake was the first distro to say thay'd support the Hammer, and the dotGNU "we think the dates are wrong, but we're giving them to you anyway" piece), but I won't. In the interest of not being moderated down for being off-topic, I'm wondering about how this particular story got hosed in the translation.

    The actual story only mentions a letter sent from Cage's publishers... there is no lawsuit, contrary to the header on the story. Who knows? For all we can tell from the actual story, the letter may have been just as much of a joke as the credit Batt gave Cage on his album.

    So why was it reported as being a lawsuit? Is it just the usual Slashdot sloppiness in following a link before they post it, or are people so lawsuit-happy that we assume that where there's a letter, there's a court battle?

  117. The Irony of Paul Simon by robkill · · Score: 1

    Paul Simon was embroiled in a copyright dispute for years with Martin Carthy over his use of Carthy's arrangement for "Scarborough Fair/Canticle"

    --
    DMCA - Chilling free speech since 1998.
  118. Re:Life with the Lions. [erratum] by os2fan · · Score: 2
    It appears to have been standard practice or common practice with LP's in the sixties, to distribute them with a blank second side.

    This refers to advance copies made available for reviewers. Normal retail copies were always double-sided. One of the reviews of the LP refer to these blank sides.

    I'm not sure when Cage's peice came out.

    The peice came out in 1952. None of this 1960's practice, or Lennon's 1969 peice were challenged, even though this has been pointed out on a number of occasions.

    On the other hand, Lennon's 1969 song "Come Together" was challenged for copyright infringement. Lennon put Ya-Ya on the LP Walls and Bridges as part of the settlement.

    --
    OS/2 - because choice is a terrible thing to waste.
  119. Good luck by Alien+Being · · Score: 1

    This page intentionally left blank.©

    1. Re:Good luck by Kredal · · Score: 2

      Ah ha! That's why I use "This page accidentally left blank"

      It really messes with customers.

      --
      Whoever stated that signature sizes should be limited to one hundred and twenty characters can just go ahead and kiss my
  120. Can you copyright a byte? by WetCat · · Score: 1

    Imagine this: you have machine that show different outputs on the screen selected by one controlling byte. The byte is the program. Program can be copyrighted
    So:
    EULA {bla bla bla}
    Copyright (C) 2001 John Doe
    0x2f
    Then I can file a lawsuit about usage of 0x2f in your programs/texts/etc...

    This shows the absurdity of "copyright".

    I have a strong feeling that idea of copyright is completely flawed and should be abandoned in favor to idea of public domain of all published and being published information.

  121. Miranda? by gerardrj · · Score: 3, Funny
    Hmmm...
    you have the right to remain silent, just not the copyright to remain silent. Anything you don't say may be used in a DMCA case against you.

    Double Hmmm... "We have ways of making you talk". It may be decision time: testify against yourself, or face the rats nest that is a copyright/DMCA case against you. Either way you're screwed.

    :)

    --
    Article X: The powers not delegated... by the Constitution...are reserved...to the people
  122. The Real Issue by alienmole · · Score: 2
    I think the point the original poster was (correctly) trying to make is that it's the "credit" of Cage, for which Batt apparently did not have permission, that is at issue, and really has nothing to do with the content of the track.

    Since Cage's name was mentioned in a context that usually indicates authorship credit, but without permission, Cage's estate is presumably saying that Batt is trading unfairly off Cage's name by implying (misrepresenting) that the track in question has something to with Cage.

    If Batt had simply acknowledged Cage in the liner notes somewhere, the same issue would not have arisen, since there would be no misrepresentation.

    Batt is simply trying to make the issue go away by making fun of the silence aspect, but Cage's estate does in fact have a point, legally speaking, which has nothing to do with a copyright on silence.

    1. Re:The Real Issue by g4dget · · Score: 2
      Batt is simply trying to make the issue go away by making fun of the silence aspect, but Cage's estate does in fact have a point, legally speaking, which has nothing to do with a copyright on silence.

      There are four kinds of intellectual property: copyrights, patents, trade secrets, and trademarks. The only IP that could apply here is trademarks. As far as trademarks go, if we consider Cage's name a trademark, the attribution of the piece to Cage is entirely accurate. If Batt had copied any of Cage's other pieces, he could also have properly used Cage's name to identify it, but he would have run afoul of copyright. In this case, he is properly using Cage's name to identify the piece, but since there is no content, he isn't running afoul of copyright law either.

      However, it's a sad comment on the state of the arts in America that such a simple, whimsical attribution becomes subject to a legal dispute.

    2. Re:The Real Issue by alienmole · · Score: 2
      if we consider Cage's name a trademark

      I believe the applicable law here is Title VIII of the Lanham act, which deals with "False designations of origin and false descriptions".

      On this page you can read about a case where Monty Python successfully sued ABC TV under the Lanham Act, for editing and thus "damaging the integrity of the work":

      the court upheld these claims on the theory that the ABC edits had substantially altered the work and exceeded the scope of the licensing agreement. The court held, on alternative grounds, that when ABC edited the work and attributed it to Monty Python, it erroneously attributed authorship of the edited work to the group and that such attribution constituted a false designation of origin and thus misrepresented the author's work in violation of federal trademark laws

      Note that the court argued both sides of the issue, which could apply in the Cage case too.

      However, it's a sad comment on the state of the arts in America that such a simple, whimsical attribution becomes subject to a legal dispute.

      Apparently Batt's propaganda campaign is succeeding! :) I think it's simplistic to dismiss this issue in that way. The laws in this area exist for good reasons, and "whimsically" attributing authorship of a song without explanation is a lot like inserting "whimsical" statements into a legal contract. A reasonable person could look at Batt's album and come to the conclusion that the "work" in question had something to do with Cage, so Cage's estate has a legitimate interest on that basis and under law.

      Finally, one could see this as simply an extension of Cage's original conception beyond the artistic sphere and into the legal sphere, which is consistent with Cage's contention that "art and life should no longer be separate, but one and the same". Consider this legal action a piece of performance art, perhaps in fulfilment of Cage's piece 4'33" No. 2 (described at the above link), which exhorts the artist to "fulfil an obligation to others" with "maximum amplification" (in this case, provided by the web). Cage's estate is thus both performing a Cage work, and fulfilling their obligation to protect Cage's name. We should applaud! ;)

  123. I don't know which is worse... by serutan · · Score: 2

    Taking a copyright on silence seriously, or taking silence as art seriously. Either one is a joke. I wish people could just have a nice laugh and move on, without adding crap like this to an already abused court system. I'm picking my nose right now. I hereby copyright it. If you also are picking your nose right now, I order you to cease and desist!

  124. Everyone knows... by Savatte · · Score: 2, Funny

    The sound of one hand clapping is being smacked in the face.

  125. Re:Don't be an idiot... by HughsOnFirst · · Score: 5, Interesting

    You don't get it all. The problem is this -
    "which I credit Batt/Cage just for a laugh"
    The estate of John Cage is upset that the composition in question is credited to John Cage.
    There is an assertion in the notes that:
    1. John Cage is the author.
    2. John Cage or his estate approved of this "performance"
    3. John Cage or his estate approved of shortening 4'33" down to just a bit more than a fifth its original length ( or playing it five times as fast I guess )

    Imagine for a moment how much lawyer exhaust you would land in if you claimed to have a previously unrecorded collaboration between yourself and John Lennon.

    From the sounds of this article I take it that this is all taking place in the UK. Mike Batt is lucky he isn't getting sued for libel and maybe fraud.

    I don't think the silence itself has anything to do with this case.

  126. [I I] by Rock · · Score: 1

    If it's not there, ignore it.

    --
    - - -
    "The sixth sick shiek's sixth sheep's sick."
  127. The Seinfeld Track by EaTiN+cOfFeE+bEaNs · · Score: 1

    The track about nothing!

    --
    No TiVo and no caffeine make me something something...
  128. Re:Don't be an idiot... by rikkus-x · · Score: 1

    Soundgarden covered Lennon's One Minute Of Silence.

    Rik.

  129. Cage's 4'33" by Simon+Garlick · · Score: 1

    The silly thing is, Cage's 4'33" is not intended to be four minutes and thirty three seconds of TOTAL SILENCE. Cage intended for peripheral noise -- the audience's nervous coughing, the scuffing of seats on the performance venue's floor, passing cars, etc -- to be an integral part of the composition. The wit of 4'33" is that Cage was creating a unique piece of non-reproducible art, in which the audience were active performers, every time the piece was performed. To claim that all recordings of total silence are an infringement of copyright is to completely miss the point of Cage's composition.

  130. Re:I'll right (sic) your copy! by praxim · · Score: 1

    All this in an attempt to be clever in displaying your knowledge of C, and you wound up missing the tiny fact that there is a memset immediately following the declaration. [sigh]

  131. What next? by InspectorPraline · · Score: 1

    This is a bit of an overreaction, but given how quickly lawyers tend to "overreact," one could really pervert this case.

    See, Cage's 4'33" was intended to be an insight into what we perceive as "music." It is typically performed in 3 unbroken movements of specific time-lengths (down to the 1/1000th of a second) and can involve as many or as few players as is necessary. The "silence" is not actually silence at all - it is the ambient sound in the hall, the room, or enclosure it is performed in. It really is quite remarkable if you think about it long enough. Then again, this piece is from a man who used the I Ching and a bunch of sticks to determine how he composed music.

    The implications, sadly only begin there. By allowing Cage's 4'33" to be perceived as silence or ambient noise and then copyrighted, a lawyer who's gone completely off his rocker could theoretically sue every person on the face of the planet, including himself, for violation of IP rights - because silence and ambient noise are used by everyone in everyday life.

    The rational human being would state that silence and ambient noise are a natural part of everyday life and thus cannot be copyrighted - and if the Cage estate really really really whined and groaned enough, someone might say that 4'33" is indeed copyrighted, but only the instances where it has been recorded (someone might argue that it's whenever it's been explicitly performed, but just about every performance everywhere has been recorded in some way or another).

    It just goes to show that lawyers who deal in copyright suits tend to look for every instance they can to sue someone and justify their overinflated paychecks.

    [insanity]Incidentally, this is copyrighted, using any of the above words (with the exception of prepositions), reading this post, or looking at its headline is a violation of copyright and is strictly prohibited under copyright law.[/insanity]

    --

  132. Listen to the music by KnightNavro · · Score: 1

    This case is absurd. I've looked at the sheet music, and Cage's music is in 7/8 and composed of consecutive eight note rests. Batt's piece is in 4/4 and uses only whole rests. Case dismissed.

  133. Name that Song by KnightNavro · · Score: 1

    I can name that sone in zero notes.

  134. Re:Don't be an idiot... by HughsOnFirst · · Score: 2

    And I'll bet they paid a royalty, and that it was sixty seconds long.
    Also, I'll bet that John Cage had no problems with John Lennon's One Minute Of Silence, because Lennon didn't attribute his silence to Cage. ( I think they were on friendly terms personally as well, or at least Yoko Ono most certainly was. She and La Monte Young )
    In "Homage to John Cage", Nam June Paik poured shampoo on Cage's head and cut off his tie.

    But Nam June Paik didn't claim Cage wrote it.

    It's the "claiming Cage wrote it" part that is the basis of the lawsuit.

    If someone claimed I had done or written something that I had not, I would be pissed as well.

  135. My band used to cover this song. by Conrad_Bombora · · Score: 1

    I was in a punk-rock band and we used to cover this song. It was the only song we could play well.

    ahh good times.....

  136. I've heard this before by brarrr · · Score: 1

    This song was covered by the blood hound gang.

    They titled it: The best things about New Jersey

    It was a minute long and silent.

    --
    to email me: take my /. handle and append .net preceded by charter.
  137. I Found Pre-Existing Art!!! by atgrim · · Score: 1

    The tradition of calling for a Moment Of Silence at the death of Famous individuals and others, has been occuring for centuries. That means that if the one composer who died in 1992 could not have been alive to have covered all moments of silence. Heretofore let it be known that "Silence" is in the Public Domain.

    So there! :-P

    --
    Your actions in life will determine your children's future.
  138. Copyright Infringement. by OutRigged · · Score: 1

    Does this mean the RIAA is violating a copyright, by uploading blank mp3's to various P2P networks?

    --
    RaGe
    We're all just noise on the wires..
  139. Next to be sued by banuaba · · Score: 2

    should be the Bloodhound Gang, for thier track "The Ten Greatest Things about New Jersey", which is ten seconds of silence.

    --


    Brant

    Argle. Bargle.
  140. silence! by batquux · · Score: 1

    Hey does anyone have that mp3? I'd like to download it and crank up the volume so the silence drowns out all the noise around here.

  141. space shift by HCase · · Score: 1

    if this is held in court, wouldn't it mean that silence on other media would also be copyrighted by him. if so, what about blank cds.... btw, this post is at least as nonsensical as copyrighting silence.

  142. 4:33 anecdote by ElOttoGrande · · Score: 1
    A while ago, back when Audiogalaxy was still useful I did a search for 4'33 just for shits and giggles.. Suprisingly it was available! I got a real kick out of that but not as much as when I downloaded it and received a file over 4 Megs in size!

    (The whole idea behind lossy formats like mp3 is to throw out unimportant audio data for a smaller file size)

    [geeky aside] so i reencoded it as .ogg at only 33k.. w00t

    ;)

  143. Be careful by anpe · · Score: 3, Funny

    That means that when we aren't making noise we're violating the DMCA !
    La la la la la la shok shok la la

    1. Re:Be careful by taphu · · Score: 1


      La la la la la la shok shok la la

      Sorry man, this tune is also copyrighted.

  144. reminds me... by psych031337 · · Score: 3, Interesting

    ...of that guy who put together a compilation of "1-minute silences". He just got the audio recordings of all the respective happenings (Lady Di memorial, whatever) and cut out the 1-minute silence period which by definition was not quite silent - you would hear distand police sirens, people couging, whatever.

    Back when I read about it, I thought that it was way too ridiculoud to be topped. Well, this story got me.

    --
    +++ath0
  145. Python version (for small t-shirts) by Peter+Harris · · Score: 2

    f = open("silence.pcm","w")
    f.write("\x00\x00" * (60 * 44100))
    f.close()

    --

    -- What do you need?
    -- Gnus. Lots of Gnus.
    1. Re:Python version (for small t-shirts) by sh4de · · Score: 1

      And a Perl one:

      perl -we 'open F, ">silence.pcm"; print F "\x00\x00" x (60 * 44100)'

      (Filehandle is implicitly closed at exit)

  146. Fair use? by lmd · · Score: 1

    Nearly all CDs have about 2 seconds of silence between songs. Would this be considered "fair use?"

    Please laugh.

    --


    Just my $0.04 (adjusted for inflation)
  147. Absence of information by Jonny+290 · · Score: 1

    Absence of data does not mean absence of information. For example, call a friend. If they don't answer, have your received any information? Yes. You now know that they are not home or do not wish to speak to you.

    No news is good news, i always say.

    --
    Hey Taco! Looks like you're using the "infinite monkeys and typewriters" scheme to generate Ask Slashdots again...
  148. Copyright law is messed up by t_allardyce · · Score: 1

    Im sure that infringes on the people who cough, and did he get permission from the police to use a 'trademark' sound in his production? Also, certain TV and radio stations might have been given exclusive rights. What if he copied it off the TV - thats rebroadcasting the signal.

    On another note im interested to know how he managed to set the equipment for the full dynamic range - if he recorded it at the normal level, the samples on the cd would peak at a few percent or less! that would be a complete waste of data especially for the 16-bit depth. Although this level wouldn't allow him the end of the silence since normal wispering would just clip :)

    Copyright law is messed up

    --
    This comment does not represent the views or opinions of the user.
  149. Silence is impossible. by Domini · · Score: 2

    Totally silence is totally impossible. Background static (if detected) is non-reproducable.

    Unless someone is deaf, of course, but will the RIAA sue deaf people? Hmm...

    Besides, I'm sure your deity/belief of choice will cite Prior Art.

    If I could patent 'white noise' by stating total random sound... then that would include all music ever made.

    If someone wanted to copyright white noice (or total *cough* silence), then they would still be infringing on all music ever made, or all music ever made when the volume is set to zero.

    In my opinion, this cannot be done.

    But whadda I know anyway...
    :)

  150. Re:I'll right (sic) your copy! by BlueUnderwear · · Score: 2

    No reason to throw insults around. Maybe it's part of the joke? Ya know: silence, void, ...

    --
    Say no to software patents.
  151. Re:John Cage and 4'33" and The Bloodhound Gang by Bazman · · Score: 5, Interesting

    And the reason John Cage's piece is 4'33" is because that is 273 seconds, and absolute zero is -273C (near as makes no odds). It all makes sense now...

    Oh yeah, didn't the Bloudhound Gang do a track called "The Ten Best Things About New Jersey" which was 10 seconds of silence?

    Baz

  152. For the first and last time.... by Saib0t · · Score: 1

    My signature makes sense!

    --

    One shall speak only if what one has to say is more beautiful than silence
  153. memset(silence, 0, sizeof(silence)); by oliverthered · · Score: 2

    You for got the cliping from 0 volts to -1 volts at the begining and the -1 to 0 at the end.
    You need to add a little compensation.

    short silence[60*44100+1];
    fwrite(silence, sizeof(short), 60*44100+1, out);

    --
    thank God the internet isn't a human right.
    1. Re: memset(silence, 0, sizeof(silence)); by delta407 · · Score: 2

      No, see, it's a signed number. It's at zero volts the whole way.

  154. Cage was NOT a musician. by jcr · · Score: 2

    Batt said last night: "I've received a letter on behalf of John Cage's music publishers. I was in hysterics when I read their letter.

    I've heard enough of the crap that John Cage sold the marks to know that he was no more a musician than Jackson Pollock was an artist.

    -jcr

    --
    The only title of honor that a tyrant can grant is "Enemy of the State."
    1. Re:Cage was NOT a musician. by Party+Remover · · Score: 1

      Hear, hear.

      I don't have much to add to jcr's comment, but I wanted to voice some solidarity before the unreasoning, relativist "anything can be art" crowd starts piling on.

  155. Err, dudes.... by SpinyNorman · · Score: 2

    This sounds to me like the good old dry British sense of humor at work, not some US style "you farted in my airspace" whacky law suit.

    1. Re:Err, dudes.... by Party+Remover · · Score: 2, Funny

      "Nathaniel, I've just received a subpeona!"

      "Oh, jolly good, Robert! I was hoping most fervently that you'd receive it today!"

      "Why, yes, I have! I must compliment you on your undulled wit, old chap! A lawsuit! What a hoot!"

      "You're too kind!"

  156. The Spirit of Radio by stereoroid · · Score: 3, Funny

    "For the words of the profits
    are written on the studio walls,
    and concert halls,
    echo with the sounds of salesmen."
    - from "The Spirit of Radio" by Rush, 1980

    --
    (this is not a .sig)
  157. every *nix is in violation by wowbagger · · Score: 1

    Every *nix distro is in violation of this copyright, since they all ship with a copy of this work.

    It's called /dev/zero

  158. Here's one with a built-in player, too. by Peter+Harris · · Score: 2

    dd bs=44100 count=120 /dev/dsp

    --

    -- What do you need?
    -- Gnus. Lots of Gnus.
    1. Re:Here's one with a built-in player, too. by Peter+Harris · · Score: 2

      Gaaah!
      OK, this time with escaped characters.

      dd bs=44100 count=120 </dev/zero >/dev/dsp

      Otherwise you need to hold down CTRL-@ for a while...

      --

      -- What do you need?
      -- Gnus. Lots of Gnus.
  159. What about that shuffling sound... by bobpence · · Score: 1

    ... at the end of a record, before you take the needle off? Everyone seems to copy that.

    My fear is that we will all have to have something on all the time to avoid plagiarizing the silence. Actual my fear is that it will be Celine Dion.

  160. My response in protest... by RoadWarriorX · · Score: 2, Funny




  161. Death blow for US justice system! by Fefe · · Score: 2, Funny

    Looks like we have to re-think that "You have the right to remain silent" thing...

  162. Sounds iffy to me .. by FatBoy+Titties · · Score: 4, Interesting
    Firstly, I was under the impression that 4'33" was more of a performance piece.

    Secondly, (quoted from azstarnet)
    4'33", pronounced "four minutes, thirty-three seconds", (Cage himself referred to it as "four, thirty-three") is often mistakenly referred to as Cage's "silent piece". He made it clear that he believed there is no such thing as silence, defined as a total absence of sound. In 1951, he visited an anechoic chamber at Harvard University in order to hear silence. "I literally expected to hear nothing," he said. Instead, he heard two sounds, one high and one low. He was told that the first was his nervous system and the other his blood circulating. This was a major revelation that was to affect his compositional philosophy from that time on. It was from this experience that he decided that silence defined as a total absence of sound did not exist. "Try as we may to make a silence, we cannot," he wrote. "One need not fear for the future of music."
    One would imagine that Blatt's silence would be a digital silence - no noise, a silent file he generated and slapped on a CD. Cage's silence (not that it is silence as outlined above), since it is much older, would probably have at least white noise in it on a recording. Clearly since Cage did not believe that silence could exist neither he nor his estate could claim ownership of silence.

    --
    F4+80y +1++135
    FatBoy Titties - (aren't I l33+ ;-) )
  163. Register a blank sheet of paper . . . by werdna · · Score: 2

    . . . and then sue Hammermill. (Suggestion gleaned from Cyberia).

  164. Nothing is something by uncoveror · · Score: 3, Interesting

    Let me see if I understand correctly. Not only is nothing now something, but someone owns it, and will sue if you use it. I hope this lawsuit will point out to legislators and courts worldwide how copyrights, patents, and other "intellectual property" laws no longer stimulate innovation or creativity, but have become nothing but a money grab scam. The following sentance used to be a double-negative, but is now perfect english. Don't buy nothing from the recording industry.

    --
    The Uncoveror: It's the real news.
  165. 455%, not 433 by SpelledBackwards · · Score: 1

    it's actually 455%. 4 min 33 sec is 273 seconds, which is 455% of 60 seconds, not 433%. :)

  166. 4'33'' was originally meant to be sold ... by MrAtoz · · Score: 2, Informative

    Actually, Cage's ideas about 4'33'' changed several times during his life. Of particular interest here is that, when he first thought of the idea of a silent piece in 1948, his intent was to sell it to Muzak (so he could get some peace & quiet in elevators, I suppose). So the notion of collecting royalties on it now just brings the piece back to its beginning ...

  167. How dare he! by Rupert · · Score: 2

    Some self-described "composer" who doesn't even write real music you can hum along with is suing the man who wrote "THE WOMBLING SONG".

    --

    --
    E_NOSIG
  168. Same Problem Here - Somewhat! by InKonu · · Score: 1

    I've been getting similar letters over the sound of flatulence in one of my tunes. Luckily, I have a scratch-and-sniff spot on the CD for those who'd like to check for originality.

    InKonu

  169. Wonder how this interacts with DRM by WolfWithoutAClause · · Score: 2

    Does this mean that all music that contains parts of John Cage's 4'33 is covered by DRM? What are they gonna replace it with? The sound of one hand clapping? Oh great, you mean we get stuck with elevator music ALL THE TIME? ;-)

    --

    -WolfWithoutAClause

    "Gravity is only a theory, not a fact!"
  170. Must comment by edp · · Score: 4, Funny

    I wasn't going to enter a response to this article, but I was afraid of receiving a cease and desist order if I remained silent.

  171. Lennon's Nutopian International Anthem by DWIM · · Score: 2, Informative

    Track 3 on the Mind Games album. 3 seconds long, 3 seconds of silence. The album was released November 1973.

  172. Many different kinds of silence... by Anonymous Coward · · Score: 1, Insightful

    Sounds of a piano not playing, a clarinet not playing, a drum not playing.

    basically stillness. Various stillnesses sound the same to the casual observer but mean quite a lot to the more in depth listener.

    For example, consider the stillness of your child as she sleeps silently in a crib.

    or the silence of the crowd as the basketball player gets set to shoot the game winning free throw. Or golfer sink the putt if basketball gym doesn't seem silent enough for you.

    Or the silence in your heart when you see your lover kissing another.

    They may all sound the same on tape, but each is quite unique.

    not to mention timing and key. Silence in c major, silence in 2/2 time, 4/4 time.

    fun topic. thanks.

  173. Demonstrates need for DRM... by InspectorZero · · Score: 1

    If DRM had been employed on all recordings of the original silent track, none of this ever would have happened. Obviously. ;-)

    --

    ------------------------------------
    Spiral out... keep going.

  174. Re:25khz I rather doubt it. by esper · · Score: 2, Informative

    20kHz is the average upper limit of human hearing. Some of us are able to hear higher frequencies, allowing us to do stupid party tricks like complaining about TVs that are left on with no video signal feeding them. But I digress.

    One day in a physics lab during my freshman year of college, we were doing audio interference experiments and, after finishing early, I started playing with the audio oscillator I had been assigned. According to this test (which was, admittedly, likely to be somewhat less than 100% accurate) I was capable of hearing sounds up to about 23.5kHz and could sense vibrations up to around 25kHz, although these were perceived as something more like a pressure on my head rather than as sound.

    So I have no difficulty in believing that the earlier poster was at one point able to hear up to 25kHz.

  175. 16-bit stereo Python version by Dwonis · · Score: 2

    open("silence.pcm", "w").write("\x00\x00\x00\x00" * (60 * 44100))

    The file is closed after writing since the handle's reference count hits 0 (or something like that).

  176. Clearly a copyright violation by WebMasterJoe · · Score: 2

    Even the lyrics are the same! Compare: The Planets' lyrics and John Cage's lyrics.

    --
    I really hate signatures, but go to my website.
  177. Re:25khz I rather doubt it. by WeedMonkey · · Score: 1

    Well, it's all kind of academic, because that's a 15kHz tone at the end of Sgt. Pepper :-)

    John Lennon wanted it there "to annoy dogs".

  178. circumvention by Erris · · Score: 2

    IsupposesomeasswillsettheDCMAonmeunlessIrespectyou rcopyright.

    --
    DMCA, Hollings, Palladium. What might have sounded like paranoia is now common sense.
  179. Time limit is much shorter than that by yerricde · · Score: 2

    Nope, because each of those tracks were under 8 bars, or whatever the time limit is

    If the alleged infringer doesn't have money for a legal defence, then the plaintiff sets the time limit. For instance, George F. Handel's publisher was able to win a court case over four notes.

    --
    Will I retire or break 10K?
  180. So easy you could represent yourself... by irving47 · · Score: 2, Insightful

    Tell the judge if he seriously wasn't going to throw it out of court for being asinine, the song was actually covered under fair use... It was a parody!!!

    --
    I had a sucky sig.
  181. Prior art by fazzumar · · Score: 2, Funny

    Think of all the prior art for silence sitting on the shelves of your local music store in the form of blank audio casettes!

  182. Great News! by teamhasnoi · · Score: 2

    Clear Channel has picked up both tunes and have put them on Maximum Rotation! Expect to hear these soon on your local affilliate!

  183. A similar theme by DG · · Score: 3, Interesting

    I seem to recall a similar piece entitled "The Wit and Wisdom of Ronald Regan"

    It seems that this joke dates at least back to the 1980's

    Prior art?

    DG

    --
    Want to learn about race cars? Read my Book
  184. What silence? by Eric+Damron · · Score: 1

    I listened to it and it wasn't completely silent... I could still hear the ringing in my ears...

    --
    The race isn't always to the swift... but that's the way to bet!
  185. Re:Don't be an idiot... by thelexx · · Score: 2

    "The estate of John Cage is upset"

    Utterly classic. That very nicely sums up the nature of the problem with copyrights. Estate in this context meaning (to me anyway) "people who had nothing to do with the original works yet want to profit from them, in perpetuity". Right and one of my ancestors was related to the first cave-dweller who banged a rock rythmically. Every fscking person in the entire music industry OWES ME!

    LEXX

    --
    "Gold still represents the ultimate form of payment in the world." - Alan Greenspan, 1999
  186. no sound substance by BACbKA · · Score: 1

    Hopefully this will be dismissed before the actual hearing under the pretext of no sound substance in the case...

    --

    VKh

  187. Re:Don't be an idiot... by HughsOnFirst · · Score: 2

    no, it's not "profit from them, in perpetuity"

    They just don't want to be associated with it.

    Say for instance that someone circulated a letter that misrepresented you and alleged that you were the author. This is often referred to as forgery.

    When John Cage said "I have nothing to say, and I'm here to say it" that didn't keep others from saying nothing, it's just not a good idea for them to say that they are John Cage

  188. no listening, either by ostrich2 · · Score: 1

    "No talking!"
    "...Okay..."
    whip cracks
    "No listening! You hear me, Boy?"

  189. oops by HughsOnFirst · · Score: 2

    "I have nothing to say, and I'm here to say it"
    should have been
    "I Have Nothing to Say and I Am Saying It"

    the first quote is from something else entirely.

  190. AT&T owns copyright on blank lines by jc42 · · Score: 4, Interesting

    While we can all applaud John Cage for this attempt to introduce even more surrealism to the copyright debate, I might also mention that back in the 80's AT&T made, in all seriousness, a copyright claim on blank lines.

    This was in the /bin/true program, which along with /bin/false is part of every unix system library. It's a bit of trivia, but these commands are needed for some scripting applications. The "true" command is a command that merely exits with a successful (zero) status. Its most common use was for a "while true do ..." infinite loop.

    The script actually contained no code, since its behavior is the default action of a shell script if there is no code. However, it did contain two significant pieces of text.

    It contained a blank line, and an AT&T copyright notice.

    I had a bit of fun at the time posting the program in its entirety to several newsgroups, pointing out that I was openly and knowingly publishing the full source code for an AT&T copyrighted program, and I challenged their lawyers to sue me for infringment.

    I never heard from them. This is a bit strange, since, although they might not have been following any of the tech newsgroups, they almost certainly would have received copies of my message from a lot of readers.

    We had several good discussions of whether we should go through all our files and delete all the blank lines to comply with the AT&T copyright.

    It wasn't clear whether AT&T was claiming ownership of only the blank lines in shell scripts, all programs, all files, or all documents (on disk or paper). If I'd ever heard from any AT&T lawyers, I would have asked them.

    Maybe we can actually get such things resolved now. I'll predict that the Cage folks will be happy to discuss the issue with us ...

    --
    Those who do study history are doomed to stand helplessly by while everyone else repeats it.
  191. Another John Cage piece by njdj · · Score: 1

    It seems not to be widely known that Mr Cage went on to publish a piece entitled "0 minutes 0 seconds", described by the composer as being playable "by anyone, at any time, on any instrument, anywhere". Provided one has the permission of the copyright owner, of course ...

  192. Lennon by CrazyP · · Score: 1

    I know John Lennon released a song of just silence...and he died in 1980. So if anything he is the true owner of silence. I do not remember the song name or the album, but seeing as John was tragicly killed seems like Yoko Ono would actually own the rights to silence... why couldn't she have shut up about 30 yrs ago and let the greatest band continue instead of breaking them up.....

    --
    How do you take a picture of the best moment of your life?
  193. a solution for the future by jjq · · Score: 1

    To be able to trace pirated copies of silence we need a research project for watermarking the silence ...

  194. Pure Digital Silence by Night+Goat · · Score: 2, Interesting

    Reminds me of the Melvins' track off "Prick" entitled "Pure Digital Silence." Basically, it's just a guy saying in a gravelly voice, "And now, pure digital silence," followed by a minute or so of silence.

    Or their cover of John Cage's 4'33" which they retitled "Shit Sandwich (and you just took a bite)" because they also released it on a limited pressing of vinyl. They've been performing this "song" at shows recently... it's sort of a different reaction from the crowd of a rock show than it is at a classical concert!

  195. Forgotten silences? by Thedalek · · Score: 1

    Now hang on a moment. John Lennon and Yoko Ono had a track called "Two Minutes of Silence." I could have sworn that Victor Borge did a bit where he introduced a song as a length of time (IE, "I call this one 'One Minute Forty-Four') and just sat at the piano doing nothing, and eventually checking his watch.

    This is one of those absurd examples of Copyright law gone seriously awry that I used to use as a joke. Seriously, I used to ask people if I could be sued for distributing John and Yoko's "Two Minutes" in MP3 format, and if I would get in even more trouble if I just made a program that switched off someone's speakers for exactly two minutes, therefore making it a purer silence of higher quality than the original.

    Looks like it's high time for the legal system to start beating itself up.

    --
    Happiness is relative, Based upon the way we live.
  196. Moral Rights by pommiekiwifruit · · Score: 1

    Your moral rights (as in the Paris treaty) include two very important rights: you can claim to have written stuff that you have written, and no-one else can claim you have written stuff you didn't write.

  197. There's a tree... by mtec · · Score: 1

    that fell in a forest when no one was around that wants in on the lawsuit.

    --
    Cake or Death? Cake Please!
  198. precendent by chizor · · Score: 1

    i don't know when this "planets" recording came out, but dave allen's 1996 album _the clutter of pop_ features just such a "1:00 of silence". maybe just crediting it to john cage would have done the trick. :)

    --
    ... !
  199. a second-hand story about 4'33" by msouth · · Score: 2

    someone once told me that they would go into honky-tonk bars, load the jukebox up with quarters and play 4'33" over and over and over again.

    apparently this would result in a rise in temperature.

    --
    Liberty uber alles.
  200. Taking a nap in silence by 6odm · · Score: 1

    I would be really mad, if someone take silence of when i am sleepping. (kill all audio & lights)

  201. Re:25khz I rather doubt it. by N+Monkey · · Score: 1
    20kHz is the average upper limit of human hearing. Some of us are able to hear higher frequencies, allowing us to do stupid party tricks like complaining about TVs that are left on with no video signal feeding them. But I digress.

    One day in a physics lab during my freshman year of college, we were doing audio interference experiments and, after finishing early, I started playing with the audio oscillator I had been assigned. According to this test (which was, admittedly, likely to be somewhat less than 100% accurate) I was capable of hearing sounds up to about 23.5kHz and could sense vibrations up to around 25kHz, although these were perceived as something more like a pressure on my head rather than as sound.

    What I was refering to was using a signal generator in high school that was both connected to a speaker and a CRO/Scope (That's what they are called in Australia and the UK .. don't know what they get called in the US). At that frequency I can only describe it as an unpleasant feeling and certainly not musical, but I was able to hear it.

    BTW thanks to the other posters who said the "dog whistle" was 15khz.

    Simon
  202. Re:John Cage and 4'33" and The Bloodhound Gang by gorilla · · Score: 2

    -273C, not 273C. 273C would be a medium hot oven.

  203. What if by The+Madpostal+Worker · · Score: 2

    What if the silence was longer? IIRC Covenant's Unites Sate of Mind has a track called you can make your own musik that is about 4 minutes of silence. Is that infringing?

    --

    /*
    *Not a Sermon, Just a Thought
    */
  204. Re:25khz I rather doubt it. by XenonOfArcticus · · Score: 1

    I'm one of those dog-men too.

    At a previous job, I worked at a computer store. The hardware repair tech would frequently come ask me to advise him on monitors he had in for repair, because I could tell him roughly what the beam was doing (or not doing) purely by sound. Even when the entire display was black (beam off), you can still tell if the sweep is running and what sync rate it is running.

    Fortunately modern hi-res monitors have too high of a sync rate for me to hear anymore.

    --
    -- There is no truth. There is only Perception. To Percieve is to Exist.