Apple Buy or Rent Lawsuit

Apple Buy or Rent

What is the Difference between Buy or Rent?

A federal judge allowed a class-action lawsuit against Apple involving the difference between the options buy or rent to continue. At question is the option at offer in selling music, should customers of Apple Buy or Rent their music, movies, and television shows? I love the law so let’s examine the issue.

As it stands in the Apple Buy or Rent conundrum the company offers people the option to buy but in reality, if the owners of that content ever decide Apple no longer has rights to it, the customer also loses the ability to consume the media.

When you buy something from Apple you are not really buying it. Apple gives you the opportunity to consume that media on your device at the time of your choosing but nothing more. People seem to think the store should use the word rent instead of buy because you never actually own the content.

I have a couple of problems with the lawsuit; primarily I ask what end result the litigants hope to get. I also see no damages resultant of the difference and therefore I’m not sure if compensation is in order.

Compensation for Apple Buy or Rent

I don’t want to, and am not capable of, getting into an in-depth discussion of Tort and Contract law but one of the principles involved is damages. In order to receive compensation, the plaintiff must show damages. If Apple does not lose rights to the media in question and revoke it; there are no damages. Therefore, the entire lawsuit seems aimed at making a point. What is that point?

What Result do Litigants Want?

Change it to Rent

If the Apple Buy or Rent wording changes, what difference does it make? I rent something rather than buy it but that doesn’t change the fundamental nature of the business. It’s exactly the same either way. The consumer is not helped in any way.

If the content creator revokes the license from Apple the customer loses rights, exactly as things currently stand.

Rent the Content from the Creator

If the litigants want to force Apple to allow us to purchase the content outright it essentially drives Apple out of the business entirely. Customers must buy directly from the content creators who do not have convenient stores available to the consumers.

Essentially, every content creator will make their own store front and buyers will navigate a myriad of avenues in order to purchase their content, and, in reality, things don’t even change. When we purchase the media from the content creator, we still merely rent it. If they revoke the license, we’re exactly where we started.

Buy the Content Outright

The final intended goal is possibly that we simply purchase the content outright from the creator. In this case we have to store the content and that costs money. After years of purchasing, we have enormous volumes of media stored on the cloud by Apple. That’s really what our payment is all about. Apple holds all our content on enormous servers and grants us access to that content when and where we desire.

If we want to own the content outright, just like any physical product, we must take care of it ourselves. Ford doesn’t make a garage for our car and keep it shiny and clean and away from thieves. We do that, or we don’t, but it’s up to us in the end.

If I decide to store the media on a home server and there is a fire, it’s gone. If I rent a server from some company and they go out of business, likewise, all my content is gone. I prefer the current model and I think the vast majority of people agree with me.

Conclusion

The convenience Apple offers us through Cloud Storage is the reality of the Apple Buy or Rent question. The remedies to the lawsuit seem to be either pointless or actually an enormous inconvenience. They only make things worse for everyone.

What difference do the words Buy or Rent really make? Nothing. Yet, if this lawsuit somehow persists and proves triumphant in the courts; we lose. Great.

Tom Liberman

The Super League might be a Harbinger for all Sport

Super League

What is the Super League?

A group of futbol clubs in Europe hope to form a new association called the Super League. Hopefully comprised of the highest revenue teams in England, Spain, and Italy. The plan is to have twenty teams divided into two groups with a playoff scenario at the end of the season.

The Super League founders hope to lure the top revenue teams from Germany and France. Those teams have so far resisted such attempts.

Why are they Doing it?

This league is similar to the Power Five football conferences in the NCAA and money is the driving force in both cases. In European futbol and the NCAA there is an enormous gulf between the high revenue teams and the low revenue teams.

The teams making huge amounts of money must share the wealth with the teams who don’t make nearly as much. This seeming unfairness rankles the owners of the wealthy teams and drives them into creating their own leagues, the Power Five conferences in the NCAA and now the Super League in European futbol.

This revenue gap creates an almost unbridgeable divide in the quality of the top teams as compared to the lower tier teams.

Over the last twenty years one of the proposed Super League teams won the English Premier League championship nineteen times. In the Spanish La Liga, it is eighteen out of twenty and in the Italian Serie A, it is nineteen out of twenty.

European soccer is almost no longer a competition at all. It is simply a long line of the wealthiest teams playing amongst themselves for a championship. In essence, it is already a Super League with all the other teams essentially being doormats for the top teams to crush week after week while getting a share of the revenue as payment for the shellacking.

Is it any wonder the top teams and individuals don’t want to share the wealth they generate?

Why are People Angry?

The Super League clubs are receiving general outrage from most fans as it is considered an enormous cash grab. That’s the absolute truth. Teams like Manchester United, Barcelona, and Juventus have fan bases around the world. The television contracts the league shares are almost universally driven by the most popular teams.

The fans of secondary teams in all the other leagues enjoy rivalries with the top teams. Games against Super Teams, in their enormous stadiums filled with rabid fans, generate most of the revenue for smaller franchises. The Super League teams plan on continuing playing their regular leagues but people see the writing on the wall.

Outraged by this blatant cash grab, the fans want to see the big teams punished for their behavior. Punishment such as banishment, championships rescinded, and fines.

What can be Done?

Is there a way to stop such new leagues? Is stopping them possible? There is already a strong movement to prevent the Super League. If things don’t change as far as revenue is concerned, I’m not sure how the current sports structure can hold together.

Teams from larger markets will generate more fans, more revenue, and more championships. Even in U.S. sports, where salary caps keep the competition relatively even, the vast majority of revenue comes from a few of the big city teams and everyone else is fighting for scraps.

The world is becoming more global and the idea of a Super League across countries and even continents is not going away. I get why people are angry, but I don’t see a viable way to stop the revenue generators from creating their own competitions. They just want to stop sharing their wealth with the smaller market teams.

I’m sure that’s not a conclusion most people will like.

Tom Liberman

The Nevers Baggage Free Review

The Nevers

An Objective Review of The Nevers

The Nevers is a new show on HBO and I’m right at the center of the demographic audience for whom it is intended. That’s a fancy way of saying I’m a nerd with money to spend.

Not long ago I wrote a review of All Creatures Great and Small and Miss Scarlett and in it I discussed the ideas of reviewing a show for its objective good or bad traits rather than any baggage associated with the show or those who are involved in it.

If ever a show needed an objective review, it’s The Nevers although I’m not going to go into reasons why it is necessary, trust me on the subject. Most review are going to be at least partially if not mostly influenced by said baggage. None of that here.

What is The Nevers?

The Nevers is a much-hyped show on HBO which follows the exploits of a group of late nineteenth century Londoners dealing with the results of an unexplained phenomenon that left a number of people touched, that is to say, with special abilities and traits.

It’s a nerdalicious show with all the elements that have intrigued me since the early days of such shows which arguably began with the underrated Misfits of Science. To say that I’m a fan is to damn with faint praise indeed. I eat this stuff by the gallon and beg for more.

The Review

Acting

The ensemble case, and I do mean ensemble, for the premier episode did an excellent job for the most part. It doesn’t hurt that lead actor Laura Donnelly is an athletic, dark-haired vixen with more than a touch of crazy in her eyes. I have a weakness for that type. Still, trying to ignore my rapidly beating heart, I thought she was believable in the lead role as Amalia True.

Ann Skelly as Penance Adair was also excellent as a sidekick. She brought a sweetness to the role that seemed to shine through. The secondary characters all performed well. Amy Manson seemed over-the-top as the murderous Maladie and I thought hers was the weakest performance although she had little to do so I’ll withhold judgment.

I have only one quibble with the acting and it’s probably more with the sound team and the writing than the actors. I struggled throughout to understand the dialog. Their accents along with a lot of mumbling made it really difficult to follow.

Characters

The characters were all quite interesting and the opening vignette where we met them was relatively nicely managed. It’s not easy to get in so many backstories so quickly and I felt somewhat shortchanged, particularly in regards to Amalia who attempts to commit suicide but why?

In addition, Amalia’s Touched power is precognition but she somehow has ninja skills and is a martial arts master. I’ll talk more about this in the writing section.

Likewise, the Beggar King was introduced almost as an afterthought and attempting to make him menacing with so little to do didn’t work well for me. Lord Massen was handled particularly well as the big baddy. They did a nice job of explaining, at least partially, his hatred of the Touched in that his daughter collapses after the inciting incident.

Mary Brighton’s introduction seemed very forced as well and I just didn’t care about her at all even in the climactic opera scene. I think the big problem was too many characters too quickly. There’s just not enough time to get to know or care about them.

All in all, I think the characters are interesting and promising.

Writing

In a nutshell, this is where things went wrong. The writing falls into the typical trap of action shows where entire scenes appear out of nowhere, make no logical sense to the plot, and take me out of the moment. By this I mean I leave my immersion and shake my head in astonishment at the stupidity.

Particularly egregious from my perspective is Amalia with martial skills. Why does she have them? It makes no sense. They really needed a third lead along with Penance who has such Touched abilities but I guess the cast was already far too large.

In addition, Amalia’s precognition is a real problem in that she sees the future, changes her behavior, and alters the timeline removing what she just witnessed. I kind of have this problem with precognition in whole. I’d like to see her Touched ability give her insight into what to do after the event happens, not prevent it entirely.

From a scene related perspective, when Amalia and Penance went to investigate a touched girl, Myrtle things made little sense. Suddenly, while downstairs with her parents, kidnappers arrive upstairs and an enormous chase scene ensues. The investigation was just an excuse to have the chase.

Now, I will give the writers credit, they tried to explain the coincidence of the kidnapping at that exact moment as a result of the Beggar King giving the same information to the group led by Maladie. Still, I’m not buying it.

The pivotal opera scene made no sense whatsoever, from beginning to end. Why were they there? Maladie was there apparently to capture a Touched girl but goes on a nonsensical rant on stage as a way to introduce her compatriots, I guess. I couldn’t follow her dialog at all. Why did Mary start to sing?

It was an enormous hodgepodge of a chocolate mess. Why didn’t security rush the stage immediately? How did Hugo Swann only notice the murderous rampage on set when Maladie rushed by with Mary? I mean, he was standing right there for the entire thing.

The weepy dialog between Amalia and Penance after the failed pursuit didn’t make any sense at all. The entire scene, arguably the most pivotal in the first episode was baffling.

The writing really killed my enjoyment of what otherwise seems like a promising show. Too bad.

Sets and Costumes

The sets are stunning and believable and the costume design work is absolutely first rate. No quibbles here.

Music

Music is generally a problem in shows of this nature as it grows overbearing and preachy. When should I be afraid? When should I sense romance? Just listen to the volume cranking up. I’m thrilled to say the music was used with a relatively deft touch. The action scenes weren’t drowned by the music.

I am happy with the relatively deft touch displayed by the sound team here although they must do something about making the dialog understandable.

Conclusion

I didn’t enjoy the show almost exclusively because of poor writing. Many scenes seemed to be setups for action sequences rather than a plot moving device. Everything else was worth watching and I’ll keep tuning in for the moment, but we’ll see.

Tom Liberman

SciManDan Trolls for Flat Earth and Finds Great Kids

Great Kids

What’s Going on?

I just watched a great YouTube video from SciManDan in which he chatted with random people via Omegle in the hopes of finding Flat Earth proponents. What he found instead was a bunch of great kids from all over the world and it was glorious.

SciManDan is a popular YouTube content creator who largely, but not solely, debunks Flat Earth videos. He was trying to disprove the general hypothesis among proponents that their numbers were growing exponentially. While this was successful, the lesson I took from it was something I’ve talked about before, the world is filled with an ever-growing number of great kids.

The Experiment

Omegle is a chat site in which you are randomly paired with strangers in order to partake in presumably interesting conversations. SciManDan went onto the site with a sign indicating he believed the earth is a sphere and wanted people to convince him otherwise.

He spent about fours trying to find anyone who espoused a position against a spherical earth and failed. That’s good news in itself but not really the point of my blog. What I’d like to discuss is the reaction of many of the predominantly young people he encountered on his mission.

The Great Kids of the World

For the most part the young people he encountered all pretty much immediately said the world was, in fact, a globe and they didn’t disagree with his position.

Several of them thought for a moment, declared the Earth is a sphere, but then tried to come up with arguments to convince SciManDan. I found this quite impressive. The willingness to take up a position with which you disagree is a sign of an agile and inquiring mind. The age of many of the young people who proved ready and able to take on this challenge was quite a bit younger than most of the Flat Earth proponents I’ve seen on SciManDan’s channel.

The ethnicities and accents of the various young people he spoke with indicated a fairly broad cross-section of the world.

Many of the youngsters asked pertinent questions about what he was doing. Sure, some were pretty goofy and at least one was stoned off his gourd, but they wanted to know what he was doing. They took the time to look him up on YouTube. One of them even had a sibling fan of SciManDan resulting in a bit of shock and awe that I enjoyed watching.

By and large they wished him well and told him to keep fighting the good fight.

By golly, by George, by the Flying Spaghetti Monster, the great kids of the internet with inquisitive minds who are happy to talk with or type to people of all nationalities really gives me tremendous expectations for the future.

Conclusion

Today’s great kids grew up with the internet and largely seem to understand we are not separated by gender, race, religion, sexuality, nationality, and all the other false divisions foisted on us by those in power who wish to stay there.

Kids get it and this boomer is confident the world will soon be in better hands. Frankly, it can’t come soon enough.

Tom Liberman

Your Desire for Beer Defines you

Desire for Beer

The Need

You have a desire for beer. That’s it, that’s the focus of this blog. Well, it’s a bit more than that, but I will explain. It’s what you do after you realize your desire for beer that brings us together today. It’s how you go about getting the beer that defines you.

We all have a desire for beer in one manner or another but how to you get to the point where a mug or bottle filled with the elixir arrives in front of you?

The Types of Desire for Beer

Needs an Excuse

Some of you cannot indulge yourself with the beverage in question without knowing others will join you. You make inquiries. Does anyone want a beer with dinner tonight? Yo, Tommy Boy, do you want a beer with dinner tonight, we’re having brats and burgers. If you’re having one maybe I’ll have one too.

What am I supposed to say? Nah, I’m bloated today, sorry. I know you want a beer; you’re not fooling anyone. If I refuse your offer then I’m punishing you, which I can’t do, I’m a nice guy. Well, I at least like to pretend I’m nice guy. Sure, I’ll have one, how about you?

The Helper

Hey, Tom, I’m getting a beer, can I get one for you? You can’t indulge in your desire for beer without bringing me into the equation. What do I have to do with it? What am I supposed to say now? You waited until the strategic moment my glass was empty just so you could ask me and prove how damn polite you are.

Again, my options are limited. I can tell you no but, frankly, I kind of do want a beer so that’s not happening. Ya, I’d love a beer, thanks. You’re a superior human, you win.

The Lazy Drinker

You wait until I get up to get a beer before you utter the words we all know are coming. Hey, Tom, as long as you’re up ….

What am I supposed to do, keep walking and pretend I didn’t hear you? Because that’s what I want to do, trust me, that’s what we all want to do. Then I’m the bad guy and you’re the victim. Get your own damn beer seems like a reasonable response but the reality is that we can’t say that.

Sure, what do you want, another one of those dirty dish-water things or a manly stout?

The Anti-social Jerk

The desire for beer comes over you and you stand up, notifying no one, saying nothing, all Gregory Peck, walk boldly to the cooler, grab yourself a bottle, crack it open, optionally pour it into a glass, and return to your seat without a word.

Ever think someone else was thirsty you ungrateful bastard? Have you ever consider the needs of anyone else or are you just a selfish prick?

Conclusion

In conclusion, we all want a beer but the only way to get one is to be a jerk. Life ain’t fair sometimes. So, anyone want a cold one?

Which Type of Beer Drinker are you?

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Tom Liberman

Qualifying Mayhem in the Bullet Chess Championship

Bullet Chess Championship

What is a Qualifier?

What does the word qualify mean to you? That’s a question of great importance in regards to the 2021 Bullet Chess Championship. In the tournament a number of players compete to play for $25,000 in prize money. This group of competitors is broken into two parts.

One group, made up of those who are considered the best bullet chess players in the world, are prequalified into the Bullet Chess Championship finals.

The rest of the players are required to enter four qualifier events. In each of these, the top four players of a 20 round Swiss tournament advance to a knockout stage with the eventual winner gaining qualification for the Bullet Chess Championship.

That all makes a lot of sense. You don’t want the best players in the world knocked out before the final which is streamed on various outlets including Twitch. They are the personalities who draw the viewers.

So, that leads us to our question. What does it mean to qualify for a tournament? You’re probably wondering why I’m even asking this apparently simple question. I ask because the Bullet Chess Championship organizers apparently don’t know the answer. Read on.

Prequalified Players Enter the Qualifier

Here’s where the tournament organizers made what I consider to be an egregious error. The first group, those already with a place in the final tournament, played in the qualifying tournaments.

What? You rightly exclaim. That makes no sense. What if they win? Good question. During the first two qualifiers none of the exempted players made it into the top four of the Swiss so it was a moot point. However, in the third qualifier a fellow named Hikaru Nakamura, who is widely considered the best or near best bullet chess player in the world, won. As might be expected.

I assumed if a prequalified player made it into the top four, the next best player moves forward. Nope, the prequalified Nakamura went into the knockout and defeated both his opponents. The final was pointless. Whoever played Nakamura qualified because Nakamura is already qualified. If that sentence makes sense.

Why I think it is Horribly Wrong

In my opinion there is no way the prequalified players should play in a qualifier. It’s right there, in the word. Such players have an enormous advantage in that they don’t have any pressure on them. In addition, every game such a player wins or loses in the Swiss affects who makes it to the final four.

In the knockout stage it’s the same thing. No pressure, if they win in the semi-final then another player, desperately trying to qualify, is knocked out and the player who wins the other semi-final is automatically qualified for the finals even if they lose.

Conclusion

What moron thought this was a good idea, let alone a fair one? I’m a chess fan and I’m triggered!

Should Prequalified Players play in the Qualifier?

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Tom Liberman