YTSEJAM Digest 5656 Today's Topics: 1) John Myung by "Renato Matos" 2) Re: Napster and the price of CDs by "Anton Berglin" 3) Prog On NBC by email_address_removed 4) RE: YTSEJAM digest 5655 by "The Honorable Ari Goldmann" 5) good news of ME by "Tufif de' Siks" 6) DT in Maxim by "Trevor Hoit" 7) Jordan Rudess/Rod Morgenstein Clinics by email_address_removed 8) Re: Godsmack/Awake by "Timo Virkkala" 9) Fw: Napster & BMG set music pact - from CNN by "HJ Rivera" 10) RE: YTSEJAM digest 5655 by Brad Plumb 11) Take keyboard lessons from Jordan Rudess! by "Vaughn, Brandon" 12) WinME, Napster, and the familiar sounds of V by Pat Griffin 13) RE: YTSEJAM digest 5655 by Andrew Coutermarsh 14) Re: Take keyboard lessons from Jordan Rudess! by Andrew Coutermarsh 15) DT/SX riff of the mirror by email_address_removed 16) Re: Godsmack.... by Kurt M Hampton 17) RE: YTSEJAM digest 5655 by Brad Plumb 18) Re: YTSEJAM digest 5655 by email_address_removed 19) Re: Jens and MP3s by "Matt Molite" 20) Re: YTSEJAM digest 5655 by Andrew Coutermarsh 21) Fozzy by Adam Perkowsky 22) Godsmack/Awake/Asleep by Jens Johansson 23) Re: YTSEJAM digest 5655 by Dan Costello ---------------------------------------------------------------------- Date: Mon, 30 Oct 2000 23:39:42 -0200 From: "Renato Matos" To: Subject: John Myung Message-ID: <000601c04339$176ead20$aac0dec8@matos> I don't know were did I read, but I did, that there are only 2 or 3 registers of John M. speaking, and there are the transcriptions below: "Excuse me." "No." But who cares? As long as he keeps playing, it's okay... When is DT coming to Brasil? Renato Coimbra Matos ------------------------------ Date: Tue, 31 Oct 2000 13:50:13 GMT From: "Anton Berglin" To: ytsejam@torchsong.com Subject: Re: Napster and the price of CDs Message-ID: Ok, I've been on this list for a while now. Usually, when I don't have anything intelligent to say, I shut up. But this time i won't. /Anton _________________________________________________________________________ Get Your Private, Free E-mail from MSN Hotmail at http://www.hotmail.com. Share information about yourself, create your own public profile at http://profiles.msn.com. ------------------------------ Date: Tue, 31 Oct 2000 09:00:29 -0500 From: email_address_removed To: ytsejam@torchsong.com Subject: Prog On NBC Message-ID: Was watching the show City Guys on NBC last Saturday morning (yea - a 27 year old watching teen shows ). But the episode was about the guys forming a band. And in the background of one of the shots they had several band posters on the wall. Included was the cover from Fates Warning 'Still Life' and another poster covered up with the word 'Dream' showing - in Dream Theater font. Wonder if there is a prog fan on board that show? LATER! Bruce Duesterhoeft ------------------------------ Date: Tue, 31 Oct 2000 10:26:47 -0500 From: "The Honorable Ari Goldmann" To: Subject: RE: YTSEJAM digest 5655 Message-ID: I'm probably gonna get flamed for this, but I'm sick of people on the Jam assuming that bands are necessarily ripping of DT whenever they have something similar to what was on a DT album. DT is not the center of the musical universe. I wouldn't be at all surprised if Sully from Godsmack, who practices witchcraft and writes music that is fairly disimilar to DT, has never heard of them. I'll just bet that there have been albums called "Awake" long before DT came into existence. Just as there have been albumes called "V," etc. Ari >I noticed that Godsmack has released a new CD titled "AWAKE".....um, wonder >where they came up with that? >Mike ------------------------------ Date: Tue, 31 Oct 2000 10:27:39 -0500 From: "Tufif de' Siks" To: Subject: good news of ME Message-ID: One major improvement you'll find in Windows ME if you're doing computer based recording is the support for WDM drivers. Then again, at the moment only soundblasters have WDM drivers and no software supports it. But I've played with a beta of the new Cakewalk (should be out by winter NAMM) along with the beta WDM drivers for the M Audio Delta 1010 and it's unbelievable. What's so great you ask? How about Direct X plug-ins ON INPUT! That means, plug your guitar (or a mic, whatever) into your soundcard, throw on a direct x compressor, an amp sim, a noise gate, a chorus, an echo, and a reverb, and hear all the effects while you're playing! And only the dry signal gets recorded so you can go back and change the effects later! On Win 98 there is about a halfsecond delay from when you play the guitar, and hear the output (no fun), but in ME with WDM drivers, it feels just like plugging into a rackmount multieffects proccesor (much fun). hopefully there will be a couple major updates to ME by the time it actually becomes useful, but I wouldn't rule out upgrading to it in the near future. Hope this helps, Kevin Hammer Infinity Minus One http://www.infinityminusone.com http://mp3.com/infinityminusone > Many reviews that came out before the release of Windows Me said "do not buy > this upgrade unless you have Windows 3.1"... It's not a major upgrade and > is not really worth messing up a perfect Win95/98 platform. > > Might want to sign up at www.langa.com to get VERY informative > newsletters. > > JM > ------------------------------ Date: Tue, 31 Oct 2000 07:48:51 -0800 From: "Trevor Hoit" To: Subject: DT in Maxim Message-ID: <000e01c04352$119b3ee0$message_id_removed> Thanks to Phil Carter (you're on the jam aren't you?), DT got a mention in the Readers' Letters section of the November issue of Maxim. Basically, Maxim had said "If you want to hear what a 7 string Ibanez sounds like, pick up a Korn or Limp Biscuit cd". Phil said "You should have suggested Steve Vai's Passion & Warfare or Dream Theater's Awake. Good job, Phil! Trevor subscribes to Maxim, Gear, and Stuff but not Details. ------------------------------ Date: Tue, 31 Oct 2000 10:55:17 EST From: email_address_removed To: Subject: Jordan Rudess/Rod Morgenstein Clinics Message-ID: Hey everybody... check out www.dreamtheater.net for info on upcoming RPM clinics in New York. Two are near the city, and one is in Buffalo. Full details are posted on DT's official wesite! Thanks -- -- Bert ------------------------------ Date: Tue, 31 Oct 2000 18:50:15 +0200 From: "Timo Virkkala" To: Subject: Re: Godsmack/Awake Message-ID: <002201c0435a$abce1020$a3e126d4@pentium> Funnyyy.... =) But seriously, folks. There are a million bands out there (probably even more). It is not possible for all of them to know all of the other bands' discography. I've heard MANY songs that have same names, and there are a lot of albums by different bands with same names. Hell, there are even tons of bands with same names. Now, band names aside, if a band comes up with a cool name (for a song or an album), why not use it, even if they know it's been used before? It's still (hopefully) different music. -WT- ----- Original Message ----- ]From: "Adam Perkowsky" > --- Mike and Susan Verstraete wrote: > > I noticed that Godsmack has released a new CD titled > > "AWAKE".....um, wonder > > where they came up with that? > > Five minutes after I received the above post in my > e-mail box, I read the following news story: > > GODSMACK `AWAKE' SPARKS TWO LAWSUITS -snip- ------------------------------ Date: Tue, 31 Oct 2000 11:59:24 -0500 From: "HJ Rivera" To: Subject: Fw: Napster & BMG set music pact - from CNN Message-ID: <01e601c0435b$ebf7bba0$message_id_removed> Very much on topic this week :) joe --------------------- Napster & BMG set music pact - from CNN > Napster, BMG set music pact > Controversial online music-sharing site mends fences with Bertelsmann > October 31, 2000: 10:57 a.m. ET > > NEW YORK (CNNfn) - Napster Inc. and German entertainment giant > Bertelsmann AG, opponents in a groundbreaking lawsuit over copyright and > Internet distribution, laid down their arms Tuesday and announced plans to > develop a new service for swapping and sharing music. The software company > and a new e-commerce unit of Bertelsmann said they have developed a service > that will allow Napster users to continue to exchange songs, while at the > same time providing payments to those who hold the rights to those tunes. > Bertelsmann's BMG music unit is one of the big recording companies that, > through the Recording Industry Association of America (RIAA), is suing > Napster, charging the Redwood City, Calif.-company is fostering copyright > infringement by its 20 million users. Napster's service allows users to > exchange music files, in the MP3 format, over the Internet for free. The > RIAA says that millions of copyrights have been infringed upon because of > Napster. Napster to date has no business model, generates no revenues and > had no arrangement for payment to rights holders. In July, U.S. District > Judge Marilyn Patel in California slapped an injunction on the service, > pending a trial over copyright infringement. But under the new pact, BMG > would withdraw its lawsuit once the service is established, and provide a > loan to Napster and hold a warrant to acquire a portion of Napster's equity. > "Peer-to-peer file sharing is one of the many new digital commerce models > that BMG has been actively exploring for some time, and we recognize its > tremendous potential for artists and music fans alike," BMG in a statement. > "Napster's unique community of users represents a tremendous opportunity for > BMG to bring our artists closer to their fans as well as to reach new > audiences." Napster and Bertelsmann said they will seek support from other > music companies to establish Napster as a widely accepted membership-based > service. The other 4 major music companies, including Time Warner Inc., the > parent of CNNfn.com, are still pursuing their case against Napster. The > Ninth Circuit Court of Appeals in California is currently struggling to > decide whether to shut Napster before a trial begins late this year. > Closely held Napster, founded by Shawn Fanning during his freshman year at > Northeastern University, has said it is no more than a song-swapping service > that has run up against recording industry attempts to maintain a > "chokehold" on music distribution. Fanning, 19, still plays a key role in > the ongoing development of the Napster service ------------------------------ Date: Tue, 31 Oct 2000 11:36:28 -0600 From: Brad Plumb To: ytsejam@torchsong.com Subject: RE: YTSEJAM digest 5655 Message-ID: At 07:29 AM 10/31/00 -0800, you wrote: > >I'm probably gonna get flamed for this, but I'm sick of people on the Jam >assuming that bands are necessarily ripping of DT whenever they have >something similar to what was on a DT album. DT is not the center of the >musical universe. I wouldn't be at all surprised if Sully from Godsmack, >who practices witchcraft and writes music that is fairly disimilar to DT, >has never heard of them. I'll just bet that there have been albums called >"Awake" long before DT came into existence. Just as there have been albumes >called "V," etc. Actually, our own Paul Cashman, is friends with the guys from Godsmack I believe, and has been trading music with them for a while. So I'll bet they have ;) Palpatine www.pi-r-squared.com/brad/ Co Founder of NARF: The North Houston Anime Resistance Force, and Historian of Anime-no-kai "There is nothing more pragmatic than idealism" -David Mamet "With all its luck and all its danger The war is dragging on a bit Another hundred years or longer The Common man won't benefit. Filthy his food, no soap to shave him The regiment steals half his pay. But still a miracle may save him: Tomorrow is another day! The new year's come. The watchmen shout. The thaw sets in. The dead remain. Wherever life has not died out It staggers to its feet again." -Bertolt Brecht. Mother Courage and her Children ------------------------------ Date: Tue, 31 Oct 2000 11:49:27 -0600 From: "Vaughn, Brandon" To: ytsejam@torchsong.com Subject: Take keyboard lessons from Jordan Rudess! Message-ID: Guys, Jordan is now offering online lessons at www.jordanrudess.com . Check under the NEWS section. This is an Online Conservatory with lessons in many different areas (technique, harmony, lead, etc.). He also goes into some riffs off of LTE and SFAM. The initial lesson is a core lesson, with other "elective" lessons coming in the future that will concentrate totally on certain ideas or techniques. Very cool information. If you have seen his video, that was like a minor introduction. These lessons are much more indepth. Brandon ------------------------------ Date: Tue, 31 Oct 2000 09:59:19 -0800 From: Pat Griffin To: ytsejam@torchsong.com Subject: WinME, Napster, and the familiar sounds of V Message-ID: > From: "Souter, Jan-Michael" > Subject: RE: Microsoft Windows ME > > Many reviews that came out before the release of Windows Me said "do not > buy this upgrade unless you have Windows 3.1"... It's not a major upgrade > and is not really worth messing up a perfect Win95/98 platform. Ah, grasshopper, but one cannot mess up that which does not exist. :) > From: "Jarno Tuomainen" > Subject: Re: Napstah > > Legal consequences as would for a magazine attaching CDs of copyrighted > material as giveaways (w/o the author's consent)? I *really* don't want to get drawn into the whole Napster debate, but the point has been made over and over that Napster does not distribute the MP3s themselves. What you said above would apply if, say, there were copyrighted works included in the install file for Napster itself. But it is the Napster users who are distributing the copyrighted materials. If you want an honest parallel, it would be more like if someone selling bootleg CDs put an advertisment in the back section of a magazine. The magazine has no way of knowing if the stuff he is selling is legit or not, and the magazine is not accountable. The real difference is the way that people use Napster. I have never used the program, and I have never even seen the program running, but that doesn't really matter. I download MP3s. I download MP3s of copyrighted works. If I like what I hear, I buy the CD -- and most of these are prog imports that: a) aren't exactly cheap, and b) usually aren't sitting at a record store so you can pop it in the Listening Station. Recommendations from friends and people on the 'jam with similar musical tastes, and MP3s from sites that cater to the prog crowd are really the only way I get exposed to new music. If I like the MP3s, I support the artist. If I don't like them, I delete them. It's as simple as that. The only MP3s that I have kept that I don't have on CD are those that aren't *available* on CD, such as live shows and demo versions of songs. The problem (in my opinion, anyway) is the people who go out there and download songs with no intention of buying the CD. Ever. These are the people who are buying things like Creative Labs NOMAD Jukebox MP3 player so they can carry around 100 hours of MP3s, but not buying the CDs. If Napster wasn't around, these people would find some other way to abuse the system. I like to think that most people -- especially the people within the Ytsejam community -- are more like me in the the sense that if they download MP3s, they only do it for exposure, and then they go out and support the artists that they like. Of course, this is all just wishful thinking. So how is that for not getting drawn into the debate? :) > From: "Jarno Tuomainen" > Subject: Re: Napstah We heard you the first time. > From: "Jarno Tuomainen" > Subject: Re: Napstah We heard you the first time. And the second. (this was quoted in someone else's post, I don't have the original author) > In track#9("Lacrymosa / The death of Balance") on SyX's V there is a > rythmic pattern that is identical to the intro in The Mirror. I find > it hard to believe that this is just coinsidence(sp?)... I have noticed a whole lot of this on V. I have the disc in my car player, and I have not actually sat down with the liner notes at home or anything, so I can't tell you any of the songs, but here are some of the other similarities I have noticed: There is a song that has a passage that refers back to earlier SX material, I believe off of TDWOT. The reference is blatant, and most likely intentional. There is a riff in one of the songs that sounds almost exactly like something from Haji's Kitchen. There is an accoustic part that has a Queensryche vibe to it. I don't think they are quoting any QR passages, but it just has that 'sound.' I'm talking about pre-crap Queensryche, Promised Land era. There is a brief section that sounds very similar (nearly identical, actually) to part of Andrew Lloyd Webber's Phantom of the Opera. There are probably more, but those are the only ones I can think of off hand. Sorry if any of this has already been covered, I haven't been keeping up with the 'jams for a while (work and school suck!). Later, Pat Pat Griffin The Gabbo Network http://www.gabbo.net/ ------------------------------ Date: Tue, 31 Oct 2000 13:12:13 -0500 (EST) From: Andrew Coutermarsh To: Multiple recipients of list Subject: RE: YTSEJAM digest 5655 Message-ID: On Tue, 31 Oct 2000, Brad Plumb wrote: > Actually, our own Paul Cashman, is friends with the guys from Godsmack > I believe, and has been trading music with them for a while. So I'll > bet they have ;) Nope. If I'm not mistaken, his friends go by the name of Godhead and not Godsmack. :) ------------------------------------------------- Andrew Coutermarsh email_address_removed http://cout.dhs.org/ Cloak on IRC ICQ: 2513441 ------------------------------------------------- The only stupid question is the one that is never asked, except maybe "Don't you think it's about time you audited my tax return?" or "But officer, isn't it morally wrong to give me a warning when, in fact, I was speeding?" ------------------------------------------------- ------------------------------ Date: Tue, 31 Oct 2000 13:15:26 -0500 (EST) From: Andrew Coutermarsh To: Multiple recipients of list Subject: Re: Take keyboard lessons from Jordan Rudess! Message-ID: On Tue, 31 Oct 2000, Vaughn, Brandon wrote: > Guys, > > Jordan is now offering online lessons at www.jordanrudess.com . > Check under the NEWS section. > > This is an Online Conservatory with lessons in many different areas > (technique, harmony, lead, etc.). He also goes into some riffs off of > LTE and SFAM. Um, this is news? The Online Conservatory has been around for quite some time. Is there some new feature that I might have missed in it? ------------------------------------------------- Andrew Coutermarsh email_address_removed http://cout.dhs.org/ Cloak on IRC ICQ: 2513441 ------------------------------------------------- "What makes you strange is that you don't understand that I'M the one who's normal." - Heidi Lacroix ------------------------------------------------- ------------------------------ Date: Tue, 31 Oct 2000 13:15:58 EST From: email_address_removed To: ytsejam@torchsong.com Subject: DT/SX riff of the mirror Message-ID: If you listen to Pantera's Cowboys From Hell, you'll hear the same riff in "Domination" at about 3:50. As CFH was released before Awake, and as Petrucci likes Pantera, I think that he kind of copied (or celebrated) Dimebag Darrell, which was later recopied (or recelebrated) by Romeo. -SebasT- Somewhere In Time Website ------------------------------ Date: Tue, 31 Oct 2000 12:15:43 -0600 From: Kurt M Hampton To: ytsejam@torchsong.com Subject: Re: Godsmack.... Message-ID: Hey, I actually heard that the album is slpit up into 2 sections: Images Words I don't know if this true or not. They are from the northeast so this might be a little tribute to DT. I dunno. Probably not. Kurtx3 REALLY likes the New Nevermore cd...and also wonders where the hell is Korx3? ytsekurt on AOL instant messenger Trade page-www.geocities.com/Kurt_labrie/Startpage.html "Shut the f*ck up. Don't make me come down there and kick your f*cking ass" -James Labrie 4/16/97 ________________________________________________________________ YOU'RE PAYING TOO MUCH FOR THE INTERNET! Juno now offers FREE Internet Access! Try it today - there's no risk! For your FREE software, visit: http://dl.www.juno.com/get/tagj. ------------------------------ Date: Tue, 31 Oct 2000 12:32:48 -0600 From: Brad Plumb To: ytsejam@torchsong.com Subject: RE: YTSEJAM digest 5655 Message-ID: At 10:26 AM 10/31/00 -0800, you wrote: > >On Tue, 31 Oct 2000, Brad Plumb wrote: > >> Actually, our own Paul Cashman, is friends with the guys from Godsmack >> I believe, and has been trading music with them for a while. So I'll >> bet they have ;) > >Nope. If I'm not mistaken, his friends go by the name of Godhead and not >Godsmack. :) Ah... damn. I knew they were a band with god in the title, that just got signed to a record deal.. and I could have sworn I had discussed that goth Elanor Rigby cover with someone, talking about GodSMACK. but ah well... Paul? :P Palpatine www.pi-r-squared.com/brad/ Co Founder of NARF: The North Houston Anime Resistance Force, and Historian of Anime-no-kai "There is nothing more pragmatic than idealism" -David Mamet "With all its luck and all its danger The war is dragging on a bit Another hundred years or longer The Common man won't benefit. Filthy his food, no soap to shave him The regiment steals half his pay. But still a miracle may save him: Tomorrow is another day! The new year's come. The watchmen shout. The thaw sets in. The dead remain. Wherever life has not died out It staggers to its feet again." -Bertolt Brecht. Mother Courage and her Children ------------------------------ Date: Tue, 31 Oct 2000 15:57:12 EST From: email_address_removed To: ytsejam@torchsong.com Subject: Re: YTSEJAM digest 5655 Message-ID: Heh, this was pretty good... Still, Godsmack's name and logo (on the front of the cd) are blatant references to Alice in Chains, and the riff for the song "Keep Away" seems to be ripped off the bass line from Filter's "Hey Man Nice Shot," so I wouldn't put it past them. > --- Mike and Susan Verstraete > wrote: > > > > I noticed that Godsmack has released a new CD titled > > "AWAKE".....um, wonder > > where they came up with that? > > Five minutes after I received the above post in my > e-mail box, I read the following news story: > > GODSMACK `AWAKE' SPARKS TWO LAWSUITS > snip! ------------------------------ Date: Tue, 31 Oct 2000 16:39:02 -0500 From: "Matt Molite" To: ytsejam@torchsong.com Subject: Re: Jens and MP3s Message-ID: <> You know whats a better way to do this? Both bands have very nice websites called www.stratovarius.com and listen.to/teof respectively. Wow, look at that, not only are we getting MP3s selected by the band (or webmaster) for us to hear (so they're obviously going be some of their better songs), but bios, pictures, latest news, holy shit! What a brilliant way to find out about a new band! <> Using Napster is like polluting the environment. Since you're not gonna see any immediate change, and the instant benefits are obvious ("hey, instead of all this trash being in my house its at the bottom of the lake!") you'll throw around excuses to keep doing it (regardless of if they're "good" or "bad"). Then when theres a giant hole in the Ozone (wait, scratch that, there already is) and the oceans are dead and the sky is perpetually black with smog, your children are gonna say "oh fuck, what did we (the human race) do?" So when the idea of being a "professional musician" is a thing of the past, and finding new niche music, in general, is a rarety (because like Jens said, why bother when theres no incentive), then all our would-be metal guitarists and prog keyboardists are going to say "oh fuck, what did we do?" I just hope both of said scenarios take place after I've gone to the great gig in the sky (I assume the latter would happen first)... Matt "Seek the hidden rhyme and there you'll find a new world order Feel the mystery - so much to see through the eyes of hope" - Symphony X Dream Theater newsletter - http://www.dreamtheater.net/uacmmail/ ____________________________________________________________ Get your own Web-Based E-mail Service at http://www.zzn.com ------------------------------ Date: Tue, 31 Oct 2000 16:45:03 -0500 (EST) From: Andrew Coutermarsh To: Multiple recipients of list Subject: Re: YTSEJAM digest 5655 Message-ID: On Tue, 31 Oct 2000 email_address_removed wrote: > Heh, this was pretty good... Still, Godsmack's name and logo (on the > front of the cd) are blatant references to Alice in Chains, and the > riff for the song "Keep Away" seems to be ripped off the bass line > from Filter's "Hey Man Nice Shot," so I wouldn't put it past them. Well, I just did a search at CDNow for "Awake" album titles and came up with nine, including Godsmack's and DT's. It's not like you can copyright an album, book, movie (well, maybe movie) or song title. ------------------------------------------------- Andrew Coutermarsh email_address_removed http://cout.dhs.org/ Cloak on IRC ICQ: 2513441 ------------------------------------------------- If at first you don't succeed, skydiving is not for you. ------------------------------------------------- ------------------------------ Date: Tue, 31 Oct 2000 14:36:42 -0800 (PST) From: Adam Perkowsky To: ytsejam@torchsong.com Subject: Fozzy Message-ID: Hey everyone, Sorry if this has been posted already, but every DT fan, hell, every metal fan, should download the new "rockumentary" on the legendary band Fozzy. You can download each part at http://www.ugo.com/channels/features/fozzy/default.asp DT's own Mike Portnoy makes a guest appearance in the rockumentary. Take care, Adam Perkowsky ===== "It's such a fine line between stupid and... clever" -- David St. Hubbins & Derek Smalls, Spinal Tap __________________________________________________ Do You Yahoo!? ]From homework help to love advice, Yahoo! Experts has your answer. http://experts.yahoo.com/ ------------------------------ Date: Tue, 31 Oct 2000 17:57:27 -0500 From: Jens Johansson To: ytsejam@torchsong.com Subject: Godsmack/Awake/Asleep Message-ID: <3.0.3.32.20001031175727.039c1d90@localhost> [Simon Krogh] > Having read pretty much every jam in the past few weeks I don't think that > this has been up before: > In track#9("Lacrymosa / The death of Balance") on SyX's V there is a rythmic > pattern that is identical to the intro in The Mirror. I find it hard to > believe that this is just coinsidence(sp?)... No. Many people have stolen this HIGHLY ORIGINAL idea from the opening bars of my composition "QULI", released on the first "Johansson Brothers" record in early 1994. I'm still planning to sue them all, that is, once the lawsuit Ronnie Dio initiated against me gets settled. (Ronnie claims that I in my turn stole it from the song "Holy Diver". Pah!) Our position in that case is of course that the idea of "one eighth-note, followed by two sixteenth-notes", combined with a 4-3 pulse shift (actually, the 4-3 shift is in the SX and DT material as well. COINCIDENCE!??! I THINK NOT!!) constitutes a non-derivative, original work. Meanwhile, Ronnie himself of course is embroiled in a protracted and bitter battle with Samuel Morse's descendants over his infringing use of the morse letter "D". [Adam Perkowsky] > > I noticed that Godsmack has released a new CD titled > > "AWAKE".....um, wonder > > where they came up with that? > The use of the title "Awake" for the new Godsmack CD > has caused quite a legal battle. Members of the prog > metal act Dream Theater have filed a lawsuit claiming > that Godsmack stole the title from their third studio > album, also called "Awake." Heh. :) Anyway, my understanding of current law and precedent is as follows: Work titles are not copyrightable. However, symbols, words and sequences of words are trademarkable. (Trademark law is more similar to patent law than to copyright law) [and, what a surprise, a totally unrelated and offtopic paragraph] Anyway, I think I'll take this opportunity to apologize to any Stratovarius fans regarding this ongoing Strato South America tour -- in case we have appeared be a bit more reclusive toward you this time. I can understand the disappointment if you wait for many hours and it still is not possible to even get within 50 meters of the band. This tour has been very tough travel-wise. The previous S.A. tour (which was cancelled due to the pyro accident) was a lot more relaxed; when all these gigs were now rescheduled so soon, a lot of compromises had to be made by the organisers. Very many of those compromises have involved the travel arrangements, for instance after the show in Buenos Aires we had to leave at 3 in the morning to go to the airport. All that for a 5-hour layover in Sao Paolo. Ouch. :) And sometimes connections are tight instead, luggage is lost, etc. It's been similar stories every day, where irritation levels are up and a 15-minute nap often is considered a treasured luxury. If you bump into any of us and we appear a bit grumpy, the explanation is not that we consider ourselves Gods among Men -- rather, heavy turbulence over the Andes or something like that (like last night -- before landing in Bogota at 0415 (yes, in the morning -- and if you look on a map you can see that the shortest way between Recife, Brazil and Bogota does _NOT_ appear to be over Sao Paolo and Rio. ;))) And of course, most importantly with sleep deprivation, your resistance to illness is heavily degraded. My personal position is that the priorities are 1) the shows, and only then 2) press and promotion and 3) signing sessions. Basic human needs like sleep need to get prioritized HEAVILY in order to not start cancelling shows due to illness. This goes especially for Timo Kotipelto. Sometimes it's hard to make the promoter in one country understand that by cancelling some promo or signing session activity in "his" country we possibly save a show in some other country 2 days later. Indeed, some of the autograph signing sessions have been cancelled along the way. Like today in Bogota, for instance. Given the tough schedule I still defend this and is perhaps the one most to be blamed for this in the band -- I constantly argue for sleep in favor of organised non-musical activities. But on the other hand only one show has been cancelled so far, due to Timo's throat, in Caxias do Sul. And we're getting ready to kick ass in Bogota tonight. Knock on wood!! :) --- Jens. (http://www.panix.com/~jens/) ------------------------------ Date: Tue, 31 Oct 2000 18:55:06 -0500 From: Dan Costello To: ytsejam@torchsong.com Subject: Re: YTSEJAM digest 5655 Message-ID: >Do you think that child pornography and pirated software should be openly >available (the two of the above mentioned that are illegal)? Warez rule! Perverts, on the other hand, nead to be beaten severly, then left to rot in their own fluids >Next thing you know, they'll have a bassist who rarely speaks and >three different keyboard switches." LOL! you guys kill me. :-) >Hey, anyone out there had problems with Windows ME? Did ou guys know that the "NT" in Windows NT stands for "New Technology," which is kinda funny since it's a Unix rip-off. >"It's such a fine line between stupid and... clever" -- David St. Hubbins & Derek Smalls, Spinal Tap YES!!! I was just gonna mention that I think DT should do some Spinal Tap covers. Big Bottoms and Stonehenge would be a riot! -Dan. Dan turns his amp up to 11 ________________________________________________________________ YOU'RE PAYING TOO MUCH FOR THE INTERNET! Juno now offers FREE Internet Access! Try it today - there's no risk! For your FREE software, visit: http://dl.www.juno.com/get/tagj. ------------------------------ End of YTSEJAM Digest 5656 **************************