HAPPY CANADA DAY!!!

July 1, 2009

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Now this girl is really showing off her Canadian pride and spirit!!!
– FlashAddict

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CanadaFlagGirl01


Jury rules against Minn. mom in download case

June 18, 2009

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A mother is now facing financial ruin over 24 songs on Kazaa…
– FlashAddict

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Retrial with same verdict; she owes recording companies $1.92 million

MINNEAPOLIS – A replay of the nation’s only file-sharing case to go to trial has ended with the same result, finding a Minnesota woman to have violated music copyrights and ordering her to pay hefty damages to the recording industry.

A federal jury ruled Thursday that Jammie Thomas-Rasset willfully violated the copyrights on 24 songs, and awarded recording companies $1.92 million, or $80,000 per song.

Thomas-Rasset’s second trial actually turned out worse for her. When a different federal jury heard her case in 2007, it hit Thomas-Rasset with a $222,000 judgment.

The new trial was ordered after the judge in the case decided he had erred in giving jury instructions.

Thomas-Rasset sat glumly with her chin in hand as she heard the jury’s finding of willful infringement, which increased the potential penalty. She raised her eyebrows in surprise when the jury’s penalty of $80,000 per song was read.

Outside the courtroom, she was resigned.

“There’s no way they’re ever going to get that,” said Thomas-Rasset, a 32-year-old mother of four from the central Minnesota city of Brainerd. “I’m a mom, limited means, so I’m not going to worry about it now.”

Her attorney, Kiwi Camara, said he was surprised by the size of the judgment. He said it suggested that jurors didn’t believe Thomas-Rasset’s denials of illegal file-sharing, and that they were angry with her.

Camara said he and his client hadn’t decided whether to appeal or pursue the Recording Industry Association of America’s settlement overtures.

Cara Duckworth, a spokeswoman for the RIAA, said the industry remains willing to settle but she refused to name a figure.

In closing arguments earlier Thursday, attorneys for both sides disputed what the evidence showed.

An attorney for the recording industry, Tim Reynolds, said the “greater weight of the evidence” showed that Thomas-Rasset was responsible for the illegal file-sharing that took place on her computer. He urged jurors to hold her accountable to deter others from a practice he said has significantly harmed the people who bring music to everyone.

Defense attorney Joe Sibley said the music companies failed to prove allegations that Thomas-Rasset gave away songs by Gloria Estefan, Sheryl Crow, Green Day, Journey and others.

“Only Jammie Thomas’s computer was linked to illegal file-sharing on Kazaa,” Sibley said. “They couldn’t put a face behind the computer.”

Sibley urged jurors not to ruin Thomas-Rasset’s life with a debt she could never pay. Under federal law, the jury could have awarded up to $150,000 per song.

U.S. District Judge Michael Davis, who heard the first lawsuit in 2007, ordered up a new trial after deciding he had erred in instructions to jurors.

For the retrial, Davis instructed the jurors that in order to find Thomas-Rasset infringed any copyrights, they had to determine that someone actually downloaded the songs. He said distribution needed to occur, though he didn’t explicitly define distribution. Before, Davis said simply making the songs available on the Kazaa file-sharing network was enough.

This case was the only one of more than 30,000 similar lawsuits to make it all the way to trial. The vast majority of people targeted by the music industry had settled for about $3,500 each. The recording industry has said it stopped filing such lawsuits last August and is instead now working with Internet service providers to fight the worst offenders.

In testimony this week, Thomas-Rasset denied she shared any songs. On Wednesday, the self-described “huge music fan” raised the possibility for the first time in the long-running case that her children or ex-husband might have done it. The defense did not provide any evidence, though, that any of them had shared the files.

The recording companies accused Thomas-Rasset of offering 1,700 songs on Kazaa as of February 2005, before the company became a legal music subscription service following a settlement with entertainment companies. For simplicity’s sake the music industry tried to prove only 24 infringements.

Reynolds argued Thursday that the evidence clearly pointed to Thomas-Rasset as the person who made the songs available on Kazaa under the screen name “tereastarr.” It’s the same nickname she acknowledged having used for years for her e-mail and several other computer accounts, including her MySpace page.

Reynolds said the copyright security company MediaSentry traced the files offered by “tereastarr” on Kazaa to Thomas-Rasset’s Internet Protocol address — the online equivalent of a street address — and to her modem.

He said MediaSentry downloaded a sample of them from the shared directory on her computer. That’s an important point, given Davis’ new instructions to jurors.

Although the plaintiffs weren’t able to prove that anyone but MediaSentry downloaded songs off her computer because Kazaa kept no such records, Reynolds told the jury it’s only logical that many users had downloaded songs offered through her computer because that’s what Kazaa was there for.

Sibley argued it would have made no sense for Thomas-Rasset to use the name “tereastarr” to do anything illegal, given that she had used it widely for several years.

He also portrayed the defendant as one of the few people brave enough to stand up to the recording industry, and he warned jurors that they could also find themselves accused on the basis of weak evidence if their computers are ever linked to illegal file-sharing.

“They are going to come at you like they came at ’tereastarr,”’ he said.

Steve Marks, executive vice president and general counsel of the Recording Industry Association of America, estimated earlier this week that only a few hundred of the lawsuits remain unresolved and that fewer than 10 defendants were actively fighting them.

The companies that sued Thomas-Rasset are subsidiaries of all four major recording companies, Warner Music Group Corp., Vivendi SA’s Universal Music Group, EMI Group PLC and Sony Corp.’s Sony Music Entertainment.

The recording industry has blamed online piracy for declines in music sales, although other factors include the rise of legal music sales online, which emphasize buying individual tracks rather than full albums.

http://www.msnbc.msn.com/id/31432024/ns/business-local_business/


CrossFit WOD (Workout of the Day)

April 30, 2009

1 split jerk right foot forward
1 split jerk left foot forward
1 push jerk
Combine total max weight of three jerks for your score!
You can’t rack the bar between jerks, and three strikes you’re out!!!

I was quite pleased with my workout this morning and even more so in the fact that I kept pushing myself, even when I thought I had hit a wall and ended up going up an additional 10 pounds max from 105 lbs. to 115lbs.

So my total score for 3 x 115 lbs = 345 lbs.


CrossFit WOD (Workout of the Day)

April 16, 2009

I committed myself to getting back into working out hard at CrossFit and so I have gone into the gym the past two days and intend to do so again for the next two and then party quite hard at my buddy Spencer’s birthday party on Saturday night!

With that being said, today’s workout focused on strength training and so I worked on maxing weight on the following exercises:

1 rep max front squat
1 rep max push press
1 rep max thruster

total=max front squat+max push press+max thruster

Altogether, I scored the following:

Front Squat = 155 lbs.
Push Press   = 115 lbs.
Thruster       = 105 lbs.

Total Score   = 375 lbs. combined

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Yesterday’s Workout:

Warmup worked on handstands (something I definitely need to work on more), then we went on to the following:

Build up to your 1 rep max box jump, then: # of rounds in 12minutes
300m row
6 mountain climbers
3 Waist high box jumps
6 burpees

Altogether, I completed 3 1/4 rounds of the exercises above in 12 minutes and had a max box jump of 34 inches – not bad considering I am getting back into the swing of things again!


Yesterday’s CrossFit Workout of the Day (WOD)

February 19, 2009

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My abdominal muscles are so freaking sore and strained after doing this workout yesterday…
– FlashAddict

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Warmup:

8 Rounds of the following:

30 second Kettle Bell Rotations (25 lbs.)
30 second Gut Busters (situps where your upper body and legs collapse together in the middle = pain)

Technical Exercise:

15 minutes of Gymnastic Ring pushups (with arms extended in front of you and to the sides = more pain)

Workout of the Day:

Number of rounds in 20 minutes:
12 rolling medball situps (partners sit 5 feet away from each other with legs straight out in the splits. One partner takes the medball and touches it behind their head throwing it from the ground while doing a situp. When the other partner receives the ball they then touch it behind their head and throw it from the ground while doing a situp. This process is repeated until each partner does 12 situps.
9 Medball Sprawl Balls (one partner drops to the ground doing almost like a burpee but instead of doing a pushup dropping your chest on the medball with your feet kicking back into a plank position, then stand up with the ball and do a chest pass to your partner who will still be standing 5 feet away. Repeat the process until each partner has done 9 Sprawl Balls)
6 Partner handstand pushups (three each partner-assistance is allowed-ask the coach how to spot a handstand pushup if you are unsure).
3 Partner Pistols (stand facing your partner off centered. Right hand of one partner holds the right hand of the other partner and use each other as counter balance to do a pistol-you will both be doing the pistol at the same time. Do three on one side and then switch sides and do three on the other side.)

My partner and I were able to complete 5 rounds of this brutal workout – although I didn’t do the Handstand pushups, I did 20 lbs. dumbell shoulder presses with each arm instead cause my body was aching as it was!!!


Thursday’s CrossFit WOD

October 3, 2008

I have been a little slackish on doing CrossFit for the past week because I have a slight upper abdominal strain that I picked up from doing pull-ups but lo and behold I bit the proverbial bullet and went to the 5pm class after working at school all day and busted out some blood, sweat and tears…

Thursday’s WOD:

Max Front Squat: worked my way up to a Max of 165 lbs.
Max Pullups: was only able to do 2.5 pull-ups due to my abdominal strain but at least I gave it a go!

Also, here is the video from the last CrossFit Clean & Jerk session that took place in September – better late then never to show you the video – you can see me in action during the last clip of the video:

RAWR I BE STRONG!!!