Monday, December 20, 2010

Bratz v. Mattel: Copyrighting what is Not Copyrightable Draft 2

Alex Goodman
Journalism
Dec 13th 2010


My knowledge on the fashion doll market was limited growing up. If you had asked me, I would have said that all little girls play with Barbies. I do however, remember my best friend’s little sister asking for a Bratz doll one Christmas. I recently sent Sarah a Facebook message inquiring about her subconscious doll betrayal. “Ummmm i’m not really sure what u mean.” She replied, possessing the unfriendly 10th grade attitude I only vaguely remember. I took a different approach, and suggested that she tell me one reason why she chose Bratz dolls over Barbies. In what can only be characterized as a technological shrug, she responded: “I dunno I guess I just liked them more.” What Sarah saw, was her brother’s friend acting peculiar. What Sarah couldn’t see was that she was supporting an inherent superiority of a brand, a superiority that has lead to one of Mattel’s most expensive lawsuits.

The lawsuit initiated immense upheaval in the doll market. Large settlement proposals and extreme court rulings went back and forth for about five years, and the case will be going to retrial in January of 2011. By 2004 Bratz Dolls outsold Barbie Dolls in the United Kingdom, and Barbie Doll’s sales rates had dropped by 30% in the United States. In 2005, MGA, the owner of the Bratz line, filed a lawsuit against Mattel because their new line of Barbies called “My Scene” had apparently copied the “doe-eyed” look of the Bratz Dolls. That same year, Mattel sued MGA for 500 million dollars because the Bratz creator, Carter Bryant, had been working for Mattel when the idea of Bratz was conceived. On August 26th 2008, Mattel received only $100 Million of the $500 Million, because the court ruled that only the first line of Bratz dolls had truly infringed on Barbie’s aesthetic. Only four months later, District Judge Stephen G. Larson granted the permanent injunction requested by Mattel against MGA. Judge Larson ordered that MGA remove all Bratz products from store shelves. MGA appealed almost immediately, and the case went to trial on December 10, 2009. In July, 2009 the U.S. Court of Appeals for the Ninth Circuit declared Larson’s ruling “draconian” and granted MGA all of the rights to the Bratz franchise. On January 11, 2011 the case is going to trial yet again-- this time concerning Mattel’s allegations of illegal business conduct and theft of trade secrets against MGA.

Intellectual Property litigation serves to be one of the most subjective branches of law. In criminal defense law, there is tangible evidence left at the scene of the crime. In medical malpractice litigation there is biological evidence. Where is the evidence in copyright infringement? How does the court decide who has ownership over various intangible assets? Can someone really own words, an image, or this case, a concept?

On December 10th 2010, I visited intellectual property lawyer, Laura Cibas*. Ms. Cibas responded promptly to my-emails When I suggested we meet at three thirty, she replied with a comment just as rife for interpretation as her practice: “Fine.” Cibas has a background in chemistry, dentistry, and over 15 years of diverse legal experience. Her specialty however, is in intellectual property, and she has also co-authored the book Developing a Patent Strategy . Cibas is ferociously typing when I arrive, and tells me to take a seat. She is clad in corporate America’s all-black sartorial code, even on casual Friday. “Do you like all my art?” she asked me, referring to the un-decorated beige room in which we were sitting. “We moved in here five months ago, and they haven’t provided any art. It’s pathetic.”

Cibas and I briefly critiqued the aesthetic of the new building--she rolled her eyes at the rock fountain in the front of the building. She shook her head shamefully when I mention the black and white graphic on the elevator. She had a way of agreeing with me while still asserting her position of power. I can tell that she no longer wanted to have small talk, and I explain my intrigue with the Mattel v. Bratz case. At first, Ms. Cibas gave me a quizzical look, before momentarily leaning back in her chair, and said, “In my opinion, people are trying to copyright things that shouldn’t be copyrightable.”

Cibas' comments are direct, but, every so often, she broke to smile or to put her hand on her chin and pontificate. More often, she digressed to mention the ugly or “weird” design of the Bratz dolls. Cibas assured me that vague copyrights are making it much harder on infringement law. The line between what is mimicked, and what is an original idea is consistently getting blurred. In conjunction with the practice’s subjectivity technology has increased the number of intellectual property (or “IP” as it is often referred) lawsuits filed. “The internet and globalization is making it much harder to protect your brand,” Cibas told me. “Everyone is eating off each others brand.”

Cibas pulls up website entitled Alibaba.com, and we review the site together. She shows me various Bratz dolls that are made not by MGA, but by other knock off brands. Cibas explains to me that now Bratz are going after other copiers. The intellectual property field as been completely muddled by technology. Websites like Alibaba.com, where you can find just about anything, make the suits much harder to debate, because information is readily available and production is so fast. Cibas reminds me, "The Chinese will make just about anything. They don't care about intellectual property."

Cibas tells me that when she first started, her cases were much clearer. “With the internet, its much harder to compare. She pulled out a pen from her case. “Let’s say I wanted to compare this pen, to one on the internet. It becomes much more difficult because I’m comparing a tangible object to a picture.” I then remind her that she can surely order the pen. With brevity, Cibas replied “Yes, but sometimes I simply can’t order five rugs and compare them.”

Cibas informs me that in the pre-internet era of intellectual property, people copied each other directly. It was easier to tell the fake from the original. Cibas reminds me that as an IP lawyer, you have to be very careful when addressing the differences between a copy and a derivative. In other words, something that inspires is not the same as a replica.

When I attempt to infer that the root of intellectual property is in the expression of the idea, Cibas almost instinctually interjects. “Intellectual property is not the expression of the idea,” she tells me still browsing Alibaba.com “Copyright is the written word, it must be functioning.” Ideas cannot be copyrighted, just products. And for that reason, Cibas explains, Mattel’s decision to declare infringement was nebulous. “What they should have gone after them for is trade dress. The look, and feel and feel of the object. It’s a presumption but you can still fight it in court.”

Trade dress, although more difficult to fight in court, refers to the physical characteristics of the product. Trade dress protection, unlike infringement must not be functional. In other words, the design, colors, and materials the product must not be functional, other than creating recognition for consumers. A common example can be seen on road signs. The color green is not copyrightable on a product. Yet, on a green light it is because it supports it function, it tells us to go.

Bratz creator Carter Bryant, was improving upon a classic: he wanted to transform Barbie’s demure gaze into something with attitude, something the modern girl could relate to (though whether this is a positive or negative representation is contestable.) For Mattel, it was more than competition: it was infringement. Can we blame Carter Bryant for creating a derivative of the Barbie Doll? Can we blame Mattel for using litigation to sustain its spot in the toy marketplace?

Irrespective of the litigations outcome, Mattel appears to BE prevailing in the marketplace. Last week I mustered up the courage to visit the “Toys R US” in Times Square, just weeks before Christmas. As I fought my way to the second floor, I entered a light pink castle, boasting Barbie’s signature typeface. The castle walls were lined with Barbie paraphernalia; Barbie collectibles, Barbie ATV’s, Barbie Laptops. I felt like I was somewhere I shouldn’t be. I considered telling Shakia, the informative Toys R Us employee, that I was buying something for my non-existent little sister. I disposed of that hypothetical guise, and asked her the question I had been wondering for the past 10 minutes, as I treaded all over Barbie’s terrain: “Where are the Bratz dolls?” Shakia guided me to a shelf just a little outside of the conglomerate castle. The Bratz group was small, picked through, some decorated the floor, still stationary in the confines of their plastic box, which read: “I’m Carrie. My friends call me coconut cuz I’m tough but sweet.” (MGA seems to promote dimensional personalities, but not grammar) Would the classic Barbie ever be so nonchalant? I pick up Carrie and examined her unusual face. “So do girls really like these more than Barbies?” I ask Shakia. She smiles, putting Carrie’s disciples back on the shelf “Can’t nobody top Barbie, she’s the most popular.” I examine Carrie’s box one last time, her body slightly dismantled in the case. “Let’s talk, I understand you.” Her box reads. Intrigued, I pulled her string only to remove it completely from the doll. I turned to Shakia, a little embarrassed. “Don’t worry she said,” taking Carrie from me “They don’t really like this one anyways.”

Work Study - Final Draft

Tengo…tengo la camisa negra, porque negra tengo el alma, yo por ti perdi la calma, y casi pierdo hasta mi cama…

Tengo La Camisa Negra is the name of the song playing from the swanky jukebox at the back of Zaragoza; the little Mexican bodega situated on 13thstreet and avenue A. At the front counter stands 19-year old Lang student Katie Kenney, “la muchacha”, (the nickname her boss has given her) and she is the only white girl waitress to work at this cozy bodega. Kenney has been working here for what seems to have been ages, but in reality, only a little bit less than a year.

Complete with a wide selection of beers, Mexican sodas/drinks, authentic Mexican food, and a small selection of groceries, Zaragoza offers its customers an atmosphere much like a true bodega one might find in Mexico. Kenney says that she truly does love working there. However, the job came to her attention by pure luck, because of being unable to find a job on campus.

Kenney, a sophomore at Eugene Lang College, is one of several students at the New School who has suffered from the shortage of work-study funds and jobs offered on campus. She had been awarded federal work-study, but had it taken away when she couldn’t find a job on campus within thirty days of school starting. Due to high demand for jobs at the New School, the school is forced to implement this rule rather harshly, and unfortunately, Kenney fell as a victim to that.

Just as she had given up on the job search, Zaragoza entered the picture.

“I hung out at Zaragoza on the weekends in my freshman year. I kind of fell in love with the place…the family that owns it, and the four tables. Because that’s all they have. It’s just so…Mexican. I don’t know if that’s a good or bad thing. But I love it,” Kenney says. “I was offered a job as a waitress after I befriended the owners.”

During the week, Zaragoza is open normal hours from 9:30am to 12am, but on the weekends, it’s another story. Zaragoza opens at 9:30am on Fridays and Saturdays, and stays open until 4am. “I don’t stay until 4am every weekend…most weekends I am technically off work by midnight,” Kenney says. Her shifts start at 6pm, and her workweek usually starts on Thursday night, and goes until Sunday morning. On more rare occasions, she’ll work Tuesdays and Thursdays, along with the weekends. In one week, Kenney works anywhere from 24-32 hours, but she doesn’t mind all too much.

“I don’t really get to go out as much as I’d like on the weekends, because I’m usually pretty tired once I get off work. My shift technically ends at midnight, but I don’t actually end up getting home sometimes until much later, because I can’t leave when there are still customers seated,” Kenney says. Zaragoza is known for it’s excellent authentic Mexican food, especially during the wee hours of the morning.

Surely a 19-year old college student that works at any kind of restaurant can’t be making that much money however, Kenney is an exception. On a good weekend, she’ll make anywhere from $100-$300 in tips, on top of her minimum wage salary. “My hourly wage isn’t that great, but with tips, I make a good deal of money in a week,” Kenney says.

So if the money and atmosphere is good, what’s the downside to having this job rather than a work-study job? “The hours are kind of a hassle. I don’t know anyone who works 6-10 hour shifts on weekends, into the morning. It’s really tiring on top of school,” Kenney says. Along with that, Kenney doesn’t reap the benefits that most work-study students have with flexible work schedules and employers that understand that school comes first. While the family that Kenney works for understands that she is a student, she finds it difficult to take off work just because she knows that they need the help, since she is the only waitress. Kenney is one of several students at the New School who have found significant difficulty attaining a work-study job.

Another student, who had a similar problem with her work-study award, was 19-year old Parsons student, Hailey Paulson. Paulson, who was awarded $4000.00 for the school year, got her award taken away after thirty days, and several attempts to find a job on campus. “They didn’t even tell me that I had thirty days to find a job! Or maybe they did…but I’m pretty sure it was in the fine print, not something obvious to me or any other student looking for a job,” Paulson said. She sent resumes, applications, e-mails to countless departments and job offerings, and most of the times she never even got a response back. If she did get a response, it was that the position had already been filled much earlier, and that she would be placed on the waiting list.

“The likelihood of me actually getting a job from the waiting list, seemed really unlikely,” Paulson said. “So I had the good luck of finding a weekly babysitting job…but it really doesn’t cut it for me. I get to babysit at the most, twice a week, and that’s only on good weeks. Usually it’s only once a week on weekends, but since its not consistent pay, it’s undependable.”

Eileen Doyle, Assistant Vice President for Student Financial Services, says that while there has been an increase in demand for work-study jobs, especially this year, there has not been an increase in the Federal Work Study, (FWS) funds. It’s a mere issue of too little supply with too much demand.

Paulson, who is great with kids and loves to babysit, says that she loves the family but would rather be working a consistent daily job on campus. In the past couple of weeks, she hasn’t been called by the family, and thus, hasn’t made any money.

“I have an embarrassing amount of money in my bank account. My Mom and I just fought about money today. She thinks I'm making more than I'm actually making. It's kind of hard and it would just be nice to have back-up money from an outside job,” Paulson said. By embarrassing, she means $13.00. She hasn't been able to go shopping for food in a few weeks, and she says that she'll hold out until the semester finishes out. Her diet has consisted cereal, yogurt, frozen vegetables, and milk, and the only money she has spent recently was on Christmas gifts for her family.

Apparently, according to Doyle and others in the office of the Dean, the problem with funding for work study was blamed on the poor economy. The spring semester also poses a concern, because transfer students will not be awarded work-study jobs since the budget has already been set aside. Doyle also emphasized the fact that students are advised to work out a schedule with their supervisors to help maintain their work-study award for the entire school year. In the past, students were able to request more money if their initial award ran out, so that they can have money to the end of the school year. Unfortunately, this is no longer the case.

When asked how many students have reached 75% of their annual award, Doyle said that the Office of Student Financial Services could not reveal any specific numbers of students affected by policies. She also said she could not comment on how many students were currently on the waiting list for work-study. Interestingly, Doyle commented on whether or not recently created work study positions would remain unfilled, by saying: “If FWS funds are not available, positions cannot be filled with FWS students.” So basically, there may be jobs available, but without the proper funding, no one can actually work those jobs.

However, a staff member at the Dean's office from Eugene Lang College (who wished to remain anonymous) offered quite a different perspective.

“There’s a lot of backwards things at this school. It’s not fair to students that are hired to find out that there isn’t more money to support them if they run out of their award. And it puts us as employers in an awkward position, because we no longer have a back-up fund to dip into if their money runs out.” The source was one of what appears to be many other supervisors who were told to hire several students to fill positions that were created for work-study. However, they later found out that while everyone hired would be paid, there was a shortage of funds for anyone who ran out. “So we have less money being awarded to more students. But is that really better in the long run for us employers? Once their money runs out, we no longer have student workers. It just seems like poor planning. The whole thing is backwards.”

The same anonymous source also shed light on another problem: The role of the On Campus Student Employment (OSCE) fund. This fund serves the purpose of backing up the University whenever they needed extra money, especially, for Federal Work Study. They’re known as discretionary funds, which were drastically cut two years ago due to the economy. The OSCE funds are now only available in emergencies, and it seems that Federal Work Study fund shortages, are not considered to be an emergency.

To make matters even more complicated, or disorganized for the matter, the anonymous source said that one full-time employee runs the entire work-study office. This explained why it was somewhat difficult to even reach anyone for an interview, in the work-study department. The anonymous source felt that one person was not an appropriate number of people to run an entire University's work-study department.

“I don’t really plan on quitting my job to appeal my work-study situation. It works for me right now,” Kenney said. “If I had a job on campus though, I’d still get to enjoy being a college student at night on the weekends.”

Sunday, December 19, 2010

Hold the Gluten (Final Feature Edit-Lula Brown)

Imagine waking up every morning with debilitating stomach pains, brain fog and anxiety. As you drag your own body through the motions of your day at school or work, stopping intermittently for healthy meals and snacks, you ask yourself, “Why do I feel this way?”

For 1 in every 133 people worldwide, the answer is gluten, as reported by Dr. Rodney Ford, M.D., in an article on Celiac.com. Gluten is the protein found in wheat, described as a “tough, viscid, nitrogenous substance remaining when the flour of wheat or other grain is washed to remove the starch.” When one is allergic to gluten, their body recognizes it as a “foreign invader,” like a virus. A mere decade ago, the number of people with gluten intolerance was only 1 in 2500. The dramatic increase in sufferers has everyone from traditional medical doctors to holistic nutritionists racking their brains for an answer. So what is the cause of this rise in gluten intolerance?

Many doctors and wellness reporters have stated that present day wheat is not the same as traditional wheat, in terms of the growing and processing procedures. In particular, researchers have been noticing a new amino acid strand that did not used to exist, according to the Weston A Price Foundation’s website. Amino acids are the molecules that make up proteins, and this new amino acid is under scrutiny by this Foundation’s health experts. The cause of this strand is thought to be the decrease in the quality of our soil, and it is believed that the amino acid is a prime cause of the increase in gluten allergies.

Most people are not diagnosed with gluten-allergy at birth, but rather, later on in their lives after suffering from chronic stomach problems. Sufferers often spend thousands of dollars trying to figure out the root of their problems, and they are too frequently misdiagnosed since gluten-intolerance can be mistaken for so many other diseases like Crohn’s and ulcerative colitis. For this reason, it is often more sensible for those with ongoing stomach problems to simply eliminate gluten from their diet and see if their stomach problems decrease and any depression or brain fog dissolves.

Celia Kim, a 22-year-old art student from New York City is a prime example of someone who was diagnosed with gluten intolerance via a nutritionist.

“I was not born with it. I’ve always had digestive problems and they kept getting worse as I was getting older. Earlier this year, it took months of trying different diets to determine what the problem was, which was gluten,” Kim said, “I’ve tried going to doctors but decided to try the nutritionist’s method instead, which involves diets instead of invasive biopsies.”

Kim spends her time studying Art History at Pratt Institute, going to art galleries and music festivals, and hanging out with friends in the Lower East Side. She appears to be happy and outgoing, and loves to dance. However, her gluten intolerance causes her a lot of unnecessary angst and depression, according to her.

Kim’s diet approach is more feasible, since a traditional diagnosis includes a traumatizing upper endoscopy in order to see the inside of the GI tract, when the doctor suspects gluten intolerance. This biopsy can cause bleeding, accidental puncture of the upper GI tract, and mal-reaction to sedatives, according to the National Digestive Diseases Information Clearinghouse. With these life-threatening risks at hand, it is easy to see why one would opt for an elimination diet rather than a traditional biopsy, although a biopsy may be more acceptable in mainstream medicine.

Erin Higgins, an upbeat, brilliant artist and 19-year-old student from New City, New York, was diagnosed through similar, non-traditional means. Erin’s chiropractor suggested a detox diet, which lead her to believe that gluten could have been the problem.

“After [eating gluten] I would feel sick, I wouldn’t really want to do much and it would make me upset and scared to eat most of the time,” Higgins said.

Being afraid to eat is probably not something anyone wants to experience, yet 1 in 133 people worldwide have food anxiety due to the agony they will endure if they eat even the smallest amount of gluten.

“After accidentally ingesting gluten, I'm doubled over in stomach pain for days. I feel weak, fatigued and bloated,” Kim said.

In addition to physical affects, gluten has also been proven to have a slew of emotional effects on sufferers, particularly depression, according to Celiac.com and Dr. Petersen.

“After the digestive tract, the most commonly affected system to be affected by gluten is the nervous system. It is thought that depression can be caused by gluten in one of two ways…when inflammation happens in the brain and nervous system, a variety of symptoms can occur, including depression,” Dr. Vikki Petersen wrote in an article on Celiac.com

A study was also performed where 15 patients with untreated celiac disease were tested against 15 patients on a gluten-free diet, and the findings showed 73% of the untreated group to have abnormal brain circulation while a mere 7% of the gluten-free group showed dysfunctions. Abnormal brain circulation has to do with obstructed oxygen flow into and throughout the brain, hindering thought process and decision making skills, according to Medical Dictionary. Those patients with brain circulation issues were often experiencing anxiety and depression as well, according to Dr. Petersen.

“Gluten definitely affects me neurologically and emotionally, I start losing feeling in my hands and fingers, and I get extremely depressed after ingesting it; this can last up to days, even if it was a tiny amount,” Kim said.

“I think not being able to have any of the foods I want has affected me a little emotionally,” Danielle Nelson, a 19-year-old student said. Nelson was diagnosed traditionally by a gastroenterologist at Columbia Presbyterian.

A typical day of eating for Nelson is gluten free cereal for breakfast, a salad for lunch, one or two gluten free snacks throughout the day, and chicken and vegetables for dinner. She expressed her boredom with this diet, and although there are ways to eat more creatively on a gluten-free diet, it can be hard to get access to ingredients and recipes.

“There are days I go without eating as much as I should because I cannot have another salad,” Nelson said.

Although there are so many gluten-free options these days, it is harder to realize this when one does not live in a large city such as New York or Los Angeles. Nelson’s case shows us that some gluten-sufferers still do not realize just how many options they have. Access and knowledge are the greatest tools for allergy sufferers, and there is more information to match the increase in gluten-intolerance every day.

Kim lives in Brooklyn, New York, whereas Nelson lives in a suburb about 30 minutes North of the city. The difference in knowledge and access is clear.

“Some of the things I ate over the past few days include pasta made from corn/quinoa/amaranth flour, bread made from rice flour, eggs, tofu, veggies and fruit, gluten-free oatmeal, stir-fry’s and curries, and soup,” Kim said.

In comparison with Nelson’s gluten-free cereals and salads, Kim’s diet is much more complex.

Kim is eating a much larger variety of foods, possibly because she has more access to gluten-aware grocery stores such as Whole Foods, whereas the closest Whole Foods to Nelson’s hometown is about 30 minutes away. When one lives in a major city local restaurants are more likely to be conscious of growing allergies since the population is more dense and there is likely to be more variation in individuals’ dietary needs. To gain the same type of knowledge outside major cities, one would have to really connect to sources of gluten-free knowledge, such as the gluten-free network of blogs that has sprang up in the past few years.

Gluten affects sufferers’ outside lives as well as their personal lives, hindering them from fulfilling responsibilities.

“Gluten poisoning has prevented me from getting schoolwork done in a timely manner, I’ve had to leave work early, and cancel plans with friends…it’s more debilitating than people think,” Kim said.

“I remember while I was being diagnosed, there was one day that I literally could not get out of bed to go to work, my stomach pains were so bad,” Nelson said.

If 1 in 133 people have known gluten allergies, imagine how many people are walking around, feeling terrible with no known cause, or worse, a misdiagnosis? Individuals experiencing symptoms that could be linked to gluten are encouraged by traditional and holistic doctors to try an elimination diet where they exclude gluten from their diet and take note of any changes. The discomfort felt by those intolerant to gluten has been said to be completely lifted and alleviated by the elimination of gluten, conveyed by Kim, Nelson and Higgins when talking about their physical and emotional well-being after cutting gluten from their diets.

“The bottom line is that once you've come from the perspective of being bedridden, and sick and dizzy whenever a storm is passing through, to a normal life...there's no looking back,” Vickie, a female gluten-free blogger stated on her website.

Saturday, December 18, 2010

Umbrellas Edit

Patrick Nicholas
Heather Chaplin
Feature Draft 1
December 13th,2010



Rest in peace—Totes signature auto open crook handle stick umbrella, you were so good to me. Your tomb on the corner of 18th and park will always have a special place in my heart. At thirty-five dollars my Totes signature auto open crook handle stick umbrella was by far the most expensive umbrella I have ever purchased. Its year and a half lifespan was the longest time I have ever owned a single umbrella. After its passing two weeks ago I have gone through a total of three street vender umbrellas, making me wonder what has happened to the good umbrella?

The absence of the good umbrella seems to be a problem that has been plaguing New York City for several years now.

Teresa Ghilarducci, an Economics professor at The New School and chair in economic policy analysis at The Schwartz Center for Economic Policy connected the emerging umbrella phenomenon with recent manufacturing trends within major United State companies.

She Focused on China and its roll as an emerging economic powerhouse. Because of cheap product labor and relatively low shipping costs, goods coming from over seas are significantly less expensive then those made in the United States.

As the heavens opened up on me yesterday afternoon I conveniently left behind my umbrella at my apartment. A novice mistake, but one I have made a tradition of doing as of late. I found refuge at the Paj Punjab deli on the corner of 3rd street and 2nd avenue. After situating myself with a medium coffee I began browsing the umbrella section. This was finally my opportunity to see where exactly the repugnant umbrellas I have made a habit of getting come from. Low and behold each and every umbrella was made outside of the United States, most were manufactured in either China or Taiwan, confirming that these repugnant umbrellas were often always made over seas. As I exited the store with my newly purchased coffee and umbrella I attempted to open my umbrella, only to realize its button was broken.

“About a month ago I almost physically assaulted a street umbrella salesmen,” said Dan Zolot, an East Village resident, “ after paying $10 for what I thought was a decent umbrella AND it broke almost instantly. I attempted to get a refund but ended up having to purchase another umbrella.” Dan’s frustration only grew as he told me the story, comparing the umbrella he purchased to Swiss cheese.

The weather patterns of New York City seem to only enhance the repugnant umbrella epidemic. The Geography of the city characterizes it as a harbor town as the Hudson River and Long Island Sound flow together creating a tidal estuary. This means that coastal storms are more likely to affect the city because of its proximity to major bodies of water. According to the national weather service the city receives roughly 50 inches of rain every year.

Patricia Moore has been a life long New Yorker. Surviving even the worst of weather conditions in the city from the 1999s hurricane Floyd to 2004s hurricane Francis that brought 7 inches of rain and 6 million dollars worth of damage to the city and long island.

“ It’s not that the weather has gotten worse over the past decades. That has all stayed the same. As a New Yorker you learn pretty quickly that there are some essentials you need to be able to survive the every day elements of the city, an umbrella and a pair of boots are at the top of that list.”

New York City’s weather conditions seem to create the perfect habitat for such an epidemic. As the repugnant umbrella plague begins to grasp every aspect of its culture its members begin to react.

A New York spirituality blog titled “ A Seeking Heart” recently posted about their problems with umbrellas.

“The bane of my existence in NYC is umbrellas. Cheap umbrellas. The kind you buy for $5 on the side of the street because you don't want to spend any of your disposable income (what little I have) on a nice one. No fail, about 4 blocks into buying the umbrella one of three things happen: (1) a gust of wind flips the umbrella inside out; (2) one of the spokes of the umbrella rips through the cheap plastic and creates a dagger-like knife which sticks out, and leads you to become obsessed with monitoring it for fear it will puncture a young child on its mother's breast as you walk by; or (3) your umbrella hits another umbrella and you blame the collision on the other person and decide that you hate people.”

From spirituality seekers to comedians, it is no wonder why so many New Yorkers hate rainy days.

Jon Friedman host of Comedy Centrals “The Rejection Show” and editor and producer of Late Night with Jimmy Fallon, recently tweeted, “ With all the money I've spent on shitty umbrellas, I could've bought the golden miracle umbrella by now. “

A major contributing factor to the current umbrella epidemic could be that New Yorkers just don’t want to spend money on an umbrella.

“A cheap umbrella available on every street corner is not a good, it is a service.” Said Teresa Ghilarducci, “When buying a cheap umbrella you aren't purchasing an umbrella you are purchasing shelter from the rain just when you need it. “

I have gone through nearly as many umbrellas as there are rainy days in this city. My Totes signature auto open crook handle stick umbrella was the first time I ever spent more then $10 on such a thing, the fact that I didn’t loose it in a week or so really amazes me but perhaps there is some type of correlation between its price and its life span.

“ An umbrella has never seen the inside of my apartment,” said Dan Zolot. “If I’m not carrying 10 bucks on a rainy day then there is no way I am staying dry. To me an umbrella is as temporary as training wheels, I’m not spending money on something I know I’m either going to loose or break.”

So what is next? I am in no position to sit here and preach to you about the possible benefits one may have if one were to purchase an umbrella such as the Totes signature auto open crook handle stick umbrella. It does seem though that by spending upwards of $30 on such an item could significantly reduce headaches and stress commonly associated with the standard repugnant street umbrella. That though is a decision I cannot make for you.

Yesterday was the two-week anniversary on my Totes signature auto open crook handle stick umbrellas passing. As I made my way to 18th and Park wearing all black with flowers in hand I began to shed tears. It had rained the day before and streets were lined with deceased umbrellas—it was horrifying. Once I reached my umbrellas tomb I held a moment of silence and as the buglers finished playing taps I quietly turned and walked away.

Tuesday, December 14, 2010

Reading Journal - Features

Larissa MacFarquhar does a good job of characterizing Melissa Stephens, one of her sources that volunteered her kidney but was disappointed by the lack of gratitude she received. MacFarquhar first shows Stephens’s personality by quoting her MySpace page, which portrays her as simple, good-natured, and kind to a fault. Although her MySpace quotations have little to do with kidney transplants, this technique is much more effective than simply describing Stephens for the reader. 
In David Dobb’s “The Orchid Children,” he successfully uses the first person by describing first his own apprehension to find out his own genetic makeup. This self-referential technique is done well because it addresses the own insecurities and apprehension that his readers must feel when reading article; it’s hard to read an article telling you the effect that genetics can have on your moods, performance, and outlook on life without actually thinking of your own. Thus, the reader empathizes when following David’s own submission of his genes for assaying. In Evan Ratliff’s “Vanish,” his use of the first person is not only well executed, but I think it’s one of the main factors that first sucks the reader in. While I think most people would be interested to read about someone’s experience on “the lam,” this story is really captivating through the first person -- as if we see exectly what Ratliff sees and know exactly what he knows about how to hide his trail. I think these are two fantastic examples of when the first person works: when it allows the writer to make a connection with the reader and what must be going through his or her own thoughts or when it allows the reader to see the story through the eyes of the writer making the scenario more lively and in realtime as it does in “Vanish.” 
“This Is Your Brain on Football” follows forensic coroner, Omalu, to address the central theme of late Mike Webster’s chronic head injuries. It uses high levels of characterization of Omalu as an enthusiastic and rookie neurosurgery specialist and even personifies the brain as an organ that is intricate and incredibly needy. In contrast, “Failing Our Athletes” has a much more straightforward writing style and not so much anecdotal techniques to entice the reader.
Dobbs also really helps to make genetics more understandable for the reader by using more colloquial language opposed to the scientific terms. When he does use scientific terms, however, he gives a concise and intuitive definition so that the reader can quickly understand and retain the meaning of the term throughout the article. An example of this is how he refers to the new genetic theory that his article is about as the “orchid hypothesis” -- a term that he admits he completely makes up but that also holds thematic and intuitively understandable elements for readers. 
“Vanish” is an incredibly enjoyable read because Ratliff lets the reader get as into it as he is. As mentioned before, his use of the first person is really captivating, and all of his detailed, extensive efforts to keep his identity hidden really kept me rooting for him. I also felt his paranoia when the helicopter seemed to follow him when he was jogging on Venice Beach. Thus, Ratliff is really able to connect to the reader and allow them to see life on the lam through his eyes. 
The structure of “The Kindest Cut” begings with the anecdote of organ donor, Paul Wagner, in order to address its central theme. Following this anecdote, MacFarquhar then pulls out, directly asks the reader for their opinions on Wagner’s actions and anonymous organ donorship, and gives us some background information on kidney donors in general. She then introduces us to the history of matchingdonors.com and then subsequently gives the reader more data and facts about donorship but in an easily readable way. Thus, she alternates her anecdotal sections with highly informative parts of the article that reinforce the reader’s understanding of each. 

Miles McDonald Food Grades

Its looks like the food industry of New York City is going back to elementary school- and its time for report cards.

In the last decade, New York restaurants have quit smoking, counted calories, and now, distributed grades on sanitation.

This is the result of an announcement in late summer from the New York City Health Department that over 24,000 restaurants around the big apple would be graded their sanitation levels. This system has been enacted in cities such as Los Angeles for over a decade, but it will take over a year to reach all the kitchens of New York’s eateries.

“I never noticed them at first” said Susana Caste, East Village resident. “But now they are everywhere, its impossible to find a place to eat with out a grade these days.”

Restaurants will be graded on an A-B-C procedure. A (highest level of cleanliness) B (passing) and C (failing). The New York City Health Department is requiring all establishments to keep the grades on an 8 by 10 inch card within five feet of the front door, and visible from the exterior.

But is the new system just a little to nit picky? Many workers in the food industry think so. Kendrick Greer, a manager at The Half King restaurant in Chelsea awaits nervously for his restaurant to make good marks.

“We are all biting our nails”, said Greer, “anything can lead to points being deducted. We have had to be extra careful around here. Anything other than an ‘A’ can really hurt business.”

Within the inspection, establishments can be deducted for things such as leaky faucets busted light bulbs, and towels missing from bathrooms.

“No packaged food can be left on the floor”, said Michael Slater, server at the Half King, “it has to be left in government approved crate. The managers have been getting pretty crazy around here.”

Health department associate commissioner Elliott Marcus claims the department hopes to change the criteria for inspection. Pertaining to wet faucets, he says they “make it so that when you close up at night, mice know exactly where to go for a drink.”

The inspections are rated as followed: 0-13 deductions will yield an A, 14-27 a B, and over 28 a C. Restaurants that score below an ‘A’ are permitted to display an ‘Grade Pending’ on their window until second inspection following 30 days.

Or in the case of Ming’s Chinese Take out on 9th Avenue, you can simply self-evaluate. Although scoring low enough marks to receive a ‘C’ grade in 2009 (this was before the grading system was enacted), the restaurant had an “A” vibrantly displayed behind the counter. City commissioners have heard several complaints of forged letter grades, and claim making an effort to prevent these frauds. For starters, they began printing the reports on thick card stock instead of paper, and used a raised seal on the corners, and are complete with serial numbers specific to the establishment and the person who conducted the inspection. However, restaurants found guilty of posting fake grades can receive fines up to $1000.

A little skeptical of a restaurants displayed grade? Information pertaining to all inspected establishments is available online at the New York Department of Health and Mental Hygiene’s website. You can search for a specific business, or simply type in your area code to find grades for your local neighborhood.

“Personally, I have never seen a ‘C’”, said Alicia Samson, Lower East Side resident. “But I certainly wouldn’t eat at one. Its not safe.”

For eateries that missed the mark, the Department of health offers affordable classes on food safety and sanitation practices, available in several languages, on-site or online.

However, The New York Restaurant Association is not pleased with the recent measures. Already struggling with a bad economy, members believe that the grades are will further damage business.

“Once you’re safe enough to be open, we don’t get what they’re trying to say between an A, B, and a C,” said Rob Bookman, the association’s lawyer.

Restaurants that score a ‘B’ or ‘C’ score do not pose an immediate health risk. The Department of Health closes establishments with hazardous health risks immediately. These new inspections operate on a new level of sanitation, one that is more focused on prevention and the highest level of cleanliness. They are far more thorough than inspections preformed in previous years.

An estimated 11,000 people in New York are hospitalized from food-borne illness every year while dining out. With these inspections, the department hopes to lower these numbers significantly. In Los Angeles, there has been a huge increase in restaurants receiving an ‘A’ grade- 40 percent to 80 percent since the system began in the late 90’s. The introduction of the ABC grading system in Los Angeles County significantly improved the sanitary conditions within local eateries. Also, LA health officials say that incidents of food-borne illness have declined significantly since the system was enacted.

The new regime has managed to seep behind the bar as well. Aside from dirty glasses, few people would find sanitary violations behind the mahogany. However, Jamie Reynolds, a bartender in the Lower East Side says that her establishment has gone through extreme measures to withhold the sanitary standards.

“The bartenders now have to garnish the drinks with individual tongs”, she said. “Sometimes, we used to use expired orange juice for mixed drinks, but now we need to go through every single thing in the bar every two days to make sure it’s fresh. Any minor slip up is a possible citation, we need to be really careful.”

Although those in the service industry are woeful, the public appears to be embracing the system. According to a survey released by ZAGAT, 83 percent of participants stated that they were in favor of the grades.

“This is really important”, said Danielle Zaslovsky, Midtown resident. “As a healthy person and a healthy eater, I need to know how clean my food is.”

Currently, about 30 percent of the city's restaurants would qualify for A grades, 40 percent would get a B and 26 percent would earn a C. Consumers can expect that a greater number of restaurants will receive A’s and B’s once the grading program goes into effect.

Things are changing within the coined “Restaurant Capital of the World”, and they don’t seem to be slowing down anytime soon. However, many consumers feel confused rather than helped, and believe the new inspection grading is unnecessary and overcritical.

“I’m not going to eating at my favorite joint because it got a ‘C’”, said Angelina Bagger, East Village resident. “If it doesn’t make me sick, then it’s probably fine. Everyone is so paranoid these days.”

Feature Draft 2

The crowd of people are pushing me in every direction as if I were in the ocean and caught in a heavy tide where I have lost all control, only to remind myself that I’m ok when my two feet occasionally fall flat on the floor. Sweat is flying from every direction but our fatigued bodies are a small price to pay for the exhilaration achieved by moving to a beat that is so loud, each and every person becomes a vessel of the sound from the speakers. Movement is hectic yet fluid as there are thousands of people and only one beat. It is like the strangers around me and I have molded into an army, and we’re all facing the same direction as if celebrating a God.
At this concert there is one God: the man behind the DJ Booth The controller of our movement and the only person in the entire venue who is separate from our collective whirlpool.

Henry Steinway starts his day of work well after the rest of the working world has fallen sleep. He uses his day to hang out with his posse or watch basketball when he’s not in class. At night, he leaves his social life behind to do his job, a job that he says is the loneliest of them all.

Steinway is a Lakers fanatic, an NYU full time student, and one of the most successful young DJs in the game. Three years ago at 16-years-old, Henry attended an introductory Disk Jockey course with his friends, the day he claims is the day he was “born.” Since his “birth,” Henry has been mixing music continuously until he made a name for himself in the internet’s music industry world under the stage name, “Clockwork.” His success doesn’t stop at himself, as his friends created a management company solely for the purpose to represent their talented friend. Henry’s skills on the turntables are beneficial to every one around him, especially his listeners.

Only three years ago when he made his first mix, he felt like he was doing something independent from what his peers were into. Today, he is frustrated with the youth’s misconception that anyone can be a D.J.

I share this frustration with him. Pretty much every person I met in the past year is trying to be the man behind the booth. Everybody wants to be a DJ.
In 2010 alone I had some surreal experiences regarding people telling me they are in the process of “becoming” DJs:
My confusion began when my old friend sent me a link to the mixes he made, a guy that I never knew was interested in music. My friends 15 year old brother became the DJ of choice for all his friends events, and what shook me up most was when my mother’s assistant handed me a flyer that invited me to his upcoming gig, informing me that his alter ego was in fact, “TallySwagBeatz.”

The number of bands, stand up acts, and other traditional hobbies seem to be disappearing as the technological age proves that it can influence every part of our world. Including music.

The song that got Henry recognition as the DJ “Clockwork,” was a mash-up of two popular songs. Mash-ups are remixes of at least two or more songs to create a whole different feel. His style is reflective of one of the most popular remix DJs of our youth today, “GirlTalk,” who creates elaborate and eclectic remixes of current pop sounds and anthems, creating a new musical discourse which reflects, winks, ironizes and mocks, while still standing firmly on its own.

According to the Guiness Book of World Records, the youngest DJ known today is 8 years old. “DJ Jack Hill” did not pick up a guitar at age 4, he learned how to turn knobs and morph an ear for heavy musical drops and theatrical head-bobs. Hill spun at a local gig where a fellow DJ discovered him, and he now holds his own radio show on Star Radio. In an Interview with Radio2020, Hill responded to George Williams question as to what his favorite thin about being a DJ was by saying, “It’s fun! I like to practice mixing and when I play gigs, I get money.”

You can either make a lot of money making music, or you can do it as a hobby. Perhaps an appeal to all these independent DJs.

Chris Giuliano has been making music in his dorm room in his free time. He has no ambition to become a heavyweight DJ, but he says he enjoys the reactions his friends have when they hear his beats. “There’s nothing better than watching your friends dance to something that you’ve personally made,” he told me.

Giuliano does not play any instruments. He expresses himself through the use of other people’s original creations, but making them his own. Chris tells me that he and almost all of his friends create beats and play them for each other. They post them online and try to play gigs for easy money, and it doesn’t hurt that DJs get recognition from their listeners, “DJs get girls,” Chris tells me with a laugh.

Henry and Chris are spinning in college, and Jack is in elementary school. Our youth is constantly surrounded around technology and their exposure is starting to branch toward the DJ field. Why would kids take the time to learn how to play guitar when they can use every pre-recorded instrument in the world to create a more dynamic tune?

Equipment for remixing has become more and more accessible throughout the years. Before the introduction of mixing through computer programs, people had to physically use the vinyl records to mix the tunes, as well as buy and carry heavy equipment. Most DJs still use those materials today, but there is now the option to have decent materials for free. Accessibility has made it so that anyone can claim to be a professional.

Henry and his managers place his songs on popular music upload sites that specialize in independent artists who want to share their original tracks such as SoundCloud and Hypem. Through these sites, bloggers repost them, music sites list them as popular, and the rest is history. SoundCloud is one of the top free sites open to virtually any human being with connection to the Internet who wants to place their song online. It is connected to social networking sites such as Facebook and Twitter so you can advertise your mixes to your friends. There is currently an estimate of 16,964,000 page views on SoundCloud per day.

DJ Clockwork tells me that people’s belief that DJing will make them popular is a double-sided draw.
“Yes, people will recognize you, they will know your name and they will scream it. But when you’re working at a gig you’re inside a box literally watching hundreds if not thousands of people have fun amongst each other. And you’re alone. And the love they have for you is present, but so unreachable.”

“Today, remix (the activity of taking samples from pre-existing materials to combine them into new forms according to personal taste) has been extended to other areas of culture, including the visual arts; it plays a vital role in mass communication, especially on the Internet,” said Eduardo Navas, the founder of RemixTheory.net

Even small DJs like Chris Giuliano play a part in this mass communication trend because their songs are placed on cyberspace therefore accessible globally. More popular disk jockeys such as Armin van Buuren play a more noticeable role in remix culture. In 2007, 2008, 2009, and 2010 he was voted number one in DJ Magazine’s annual top 100 list of the most popular DJs. In November of 2010, his popularity as a DJ was cemented when a video game for Nintendo was released, entitled “In the Mix featuring Armin van Buuren.” Before van Buuren’s interest in music became a career, he was studying for a law degree in college. Van Buuren is 36, so he is not a part of the digital generation. If van Buuren were born fifteen years earlier, he would likely have taken the path of Henry and studied mixing music in college.

Henry is sitting on his couch, using the time he has to chew his last bite of pizza to think over my question for him, “is DJing a talent or can any one on the planet become a DJ?”

This question has taken Henry aback. I can see that his alter-ego, “Clockwork,” wants to tell me that it is an innate genius, that what he does cannot be mass-produced through any other medium than himself.
He looks up and tells me, “I guess it is true any one can learn the technique of sound and the use of tables. But it takes dedication, patience, and creativity to really become comfortable enough to create your own sound and understand what people want to hear.”

“What people want to hear,” is a key aspect of the DJ craft. The mass appeal to this recreation must have something to do with the fact that the art of remixing allows the DJ to use multiple sounds, tempos, and even songs that can re-introduce history to listeners within one song. During what could be called an attention deficit age, a 3-minute song with the same singer and same story has gone from being the standard to merely a genre of music. We want 5 songs within one, and the DJ feels as though the songs that they choose describe themselves, thus wanting to receive attention.

Jacques Attali wrote in his book Noise: The Political Economy of Music that, “we are all condemned to silence—unless we create our own relation with the world and try to tie other people into the meaning we thus create.” People want to share their creations to gain connectivity, to feel something from others. Although the outcome could in some aspects be a disappointment, self-satisfaction and praise amongst peers is enough to want to make me want to open up my laptop and mix my favorite songs from the past ten years together into one perfect remix.