Saturday, January 24, 2009

Ecuador: President Correa Faces Pressure From Indigenous Groups

More at Global Voices Online: “Despite protests and road blockades in southen Ecuador, a new mining law [es] (pdf format) was passed in Congress. Now the new bill will head to the executive branch for final approval from President Rafael Correa. Opposition to the bill is coming from indigenous groups, who have called for a national march to be held on January 20 to protest the government's support for the new law.

The mobilization is being led by the country's largest indigenous organization, the National Confederation of Indigenous Nations (CONAIE), which is stating that there was very little discussion regarding the new law and that it will be harmful to the environment and is going against the sovereignty of indigenous communities. ”

-- And this from the President who claims to be protecting indigeneous groups, as in the Chevron case, while letting Ecuadorian companies take advantage of them. The key need is for that country to improve its economic development practices.

Barack Obama drops in on Ben's Chili Bowl in D.C.

an open Letter to NFL PLAYER reps and the NFLPA executive Board

Dear NFLPA Executive Committee Members and Player Representatives:
As you know, a class action suit was filed against the NFLPA and a jury returned a verdict for the plaintiff class of retired NFL players who had signed a "Retired Player Group License Agreement". It should be noted that the acting Director of the NFLPA, Richard Berthelson was a key witness for the NFLPA, but despite his testimony, the jury found that the NFLPA had breached its fiduciary responsibility and their duty to market retired players and compensate them for the use of their images. The verdict was for $7.1 million in compensatory damages and $21 million in punitive damages. After the trial, the lawyers for the NFLPA filed a motion to set aside the verdict. After careful consideration of all the facts, Judge Alsup denied all post-trial motions from the NFLPA's lawyer, Jeffrey Kessler.

In Judge Alsup's ruling, he made a few statements that summed up the reason he thinks the jury came to the decision they made. I have highlighted some of the more important conclusions he made. He said "The jury could reasonably have accepted the view of the evidence that defendants undertook a fiduciary duty to promote and to market all retired players who had signed RPGLAs — yet made no effort to do so — and that defendants' true commercial motive was to create an illusion of representation so that no one else would seek to sign up the RPGLA class and to market them. While defendants offered vague verbal testimony of passing attempts to market the RPGLA group as a whole, the jury could have easily rejected those snippets as self-serving "double talk." Not a single offer to market the entire group was ever in writing; nor was there ever any documentary corroboration of any such verbal group offer. To the contrary, the only writings showed the opposite of marketing — for example, that defendants told Electronic Arts to "scramble" the identities of retired players in the lucrative Madden vintage-team game. This game would have been a golden opportunity for defendants to have offered to license the entire group of RPGLA members but, significantly, no such offer was made — or so the jury could reasonably have found. Instead, defendants told EA to "scramble" the names and identities of retired players and the class received zero from this potential bonanza. What is more, the Hall of Fame evidence showed that defendants were willing to "sell out" the RPGLA class members in order to curry favor with EA (by keeping a competitor of EA out of the market) — or so the jury could have reasonably concluded. And, the "escrow account" referenced in the RPGLA (supposedly to be set up to hold revenues for class members) was never even established by defendants, from which it could reasonably have been inferred that the escrow account was never intended to be anything more than an illusion. A monumental fact was never adequately explained by defendants — how could it have been that defendants lobbied thousands of retired players for fourteen years to sign up for defendants' RPGLA "program," yet never paid one cent to any retired player under the program? Put differently, if retired players' images and identities were really the undesirable"dog food" contended by the defense, then why did they try so hard to sign up the RPGLA class members for so long — only to never pay a penny? Given the golden opportunity presented by the Madden vintage-team game, the jury could reasonably have concluded that the true motive was to deter or to head off any competing effort by any third-party promoter (or by the retired players themselves) to license them as a group and to lull the retired players into misbelieving that defendants were out on the hustings trying to generate revenue for them. Instead, defendants gave complete priority in their group efforts to marketing active players. Defendants got to keep a large share of the active player group money (and very little of any retired player group money) so the incentives were skewed to favor marketing the active players to the exclusion of the retired players."


The Judge also made these comments about the amount of money awarded:


"The verdict is sufficiently low in relation to the vast sums negotiated for the active players and was sufficiently close to the ad hoc totals for retired players that by these benchmarks the verdict was reasonable."
"The evidence as a whole supported the conclusion that had defendants tried to market the RPGLA class members rather than letting EA scramble their identifies, a group royalty in the general vicinity of the verdict would have been obtainable. When viewed against the massive amounts paid for active player group rights, the $7.1 million was reserved."
After reading the Judge's analysis and commentary, we would hope that the NFLPA Executive Committee and the Player Representatives would reconsider appealing the verdict. We do not believe that the active players were fully aware of what was being done by the executive staff and the administrators of the NFLPA with regard to the marketing and compensation of retired players that signed GLA's.

Although we do not hold you totally responsible for the actions that led to the filing of the class action lawsuit, we hope you will look closely at the administration of the NFLPA and realize that there are people still working there that put you in the position you are now in. Make no mistake about it. They work for you. You are their employer and you have every right to hold them accountable for the actions that led to this lawsuit, verdict and monetary award. Remember this……the jury, after listening to hours of testimony and looking at all the evidence, came to the conclusion that not only should retired players be compensated for the use of their images, but that the NFLPA should be punished (punitive damages) for their treatment of retired players. If a jury that had no prior knowledge of these issues could come to this conclusion, then it seems to us that it is time for some major housecleaning at the NFLPA. You have the power to make those changes. Change we can believe in! You know the lessons of teamwork…..you are only as strong as your weakest link. If that link to the past isn't removed then eventually the chain will break.
Retired NFL players are a unique fraternity of men. A fraternity that all of you will someday be joining. For most players, that day will come sooner than they want it to, but while you are still an active player we want you to understand the issues that are important to us. When Gene Upshaw and Doug Allen first put forth the idea of helping retired players through a marketing strategy that compensated all retired players, we were thrilled to say the least. The idea was an exact replica of what you and all active players enjoyed by signing a Group Licensing Agreement. Just like active players, all retired players would share equally in the royalties whether we were a perennial bench warmer or the MVP of the Superbowl. As you now know, that never happened. When we complained, no one at the NFLPA would listen to our concerns and as a result we were forced to take legal action.

Now that the Judge and jury have spoken, we want to put the past behind us and begin healing the wounds that have divided active and retired players. The easiest way to do that is for the NFLPA Executive Committee and the Player Reps to instruct their attorney Jeffrey Kessler to end the legal battle that has pit us against each other and has cost the NFLPA millions of dollars in legal fees.

This is not the time for you to sit back and let others make the decisions for you.
"The ultimate tragedy is not the oppression and cruelty by the bad people but the silence over that by the good people." Martin Luther King, Jr.

Sincerely,

NFL Retired Players

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Jeff From Oakland talks Obama and America's Racial Future

I was in the middle of finishing an interview in front of the Capital on the night before the Inauguration, when this man came up and said "Hey. You're Zennie. I read yout blog." It turned out he was from Oaklland, and is active in the North Oakland political scene. That led to this video conversation I recorded with Jeff from Oakland.

Friday, January 23, 2009

Barack Oblogger: Cursed Purple Tickets (or, how I worked for two years to get Obama elected and then couldn't view the Inauguration)”

More at Barack Oblogger I can personally attest to the hard work and determination of Lonnee Hamilton, who's been a valued contributor to my blog network, and a tireless worker.

To learn that she was in the tunnel is saddening to me. Here's part of her account:

: “I'm one of those Obamaites some people hate. Since the day he announced his candidacy, I have been working full-bore to get this man elected. I've been a volunteer and a staff member. My family has been brought to the verge of economic collapse due to my dedication toward the campaign and its untold volunteer hours. Life has been put on hold, household repairs have gone undone, there has been tension in my relationship with an extremely supportive and patient spouse, who would have loved to see my passion for Obama put into a proper financial perspective. My two children have sold bumper stickers, buttons, and have put up with Mom blogging for Obama in her "spare time" for almost two years.

And you know what, there are thousands of people throughout the country who have worked as hard as I have, if not harder

And that's why my let-down about the Inauguration is that much greater. Because I was unlucky enough, along with thousands of other Obama volunteers, to have been given one of the "Purple Tickets of Doom."”

Obama Inauguration - 3rd street tunnel people sing Lean on Me - purple gate

There were stories of people trapped in the now infamous "Third Street" Tunnel. Here's a video that shows just how many people were in it, in this case, singing "Lean On Me" just to get through the ordeal. Here, it looks like the doors were eventually opened, because the crowd starts moving.

Thursday, January 22, 2009

Chris Matthews Attacks Bloggers; My Vlog To Chris Matthews

According to The Huffington Post, MSNBC's Chris Matthews tried to make "Bloggers" a perjorative on his show when he denounced Bloggers as a source for news. This is what was written:

Earlier in the segment Matthews speculated that the 'personal problem' that was given as Kennedy's reason for withdrawing was her marriage to Edwin Schlossberg. But when Benjamin said that the "affair question" was surfacing on blogs, Matthews abruptly cut her off: "Let's stick to journalism. I don't do that here. If it's just blogging let's drop it."

Chris does not understand the term "Blogging" or that journalists can blog to, thus my video:

Obama Inauguration - Stuck At Dulles Airport



Well, after another big large air traffic event, here I am stuck at another airport wating standby -- the byproduct of last-minute travel. This time Dulles Airport. But I'm not alone as I see the same people from flight to flight, trying to return to the SF Bay Area.

2009 Academy Awards Nominations Annouced Today

Well, Oscar time is here. The 2009 Academy Awards take place in just one month! Forest Witaker, fresh from his appearance at the 2009 Presidential Inauguration and the "We Are One" Concert, presented the nominees with Oscar President Syd Ganis. Here's the video:



But that was only part of the list. Here's the full list of nominees:

The 2009 Oscar nominees are:

Performance by an Actor in a Leading Role
Richard Jenkins THE VISITOR
Frank Langella FROST/NIXON
Sean Penn MILK
Brad Pitt
THE CURIOUS CASE OF BENJAMIN BUTTON
Mickey Rourke THE WRESTLER

Performance by an Actor in a Supporting Role
Josh Brolin MILK
Robert Downey Jr. TROPIC THUNDER
Philip Seymour Hoffman DOUBT
Heath Ledger THE DARK KNIGHT
Michael Shannon REVOLUTIONARY ROAD

Performance by an Actress in a Leading Role
Anne Hathaway RACHEL GETTING MARRIED
Angelina Jolie CHANGELING
Melissa Leo FROZEN RIVER
Meryl Streep DOUBT
Kate Winslet THE READER

Performance by an Actress in a Supporting Role
Amy Adams DOUBT
Penélope Cruz VICKY CRISTINA BARCELONA
Viola Davis DOUBT
Taraji P. Henson
THE CURIOUS CASE OF BENJAMIN BUTTON
Marisa Tomei THE WRESTLER

Best Animated Feature Film of the Year
BOLT
KUNG FU PANDA
WALL-E

Achievement in Art Direction
CHANGELING
THE CURIOUS CASE OF BENJAMIN BUTTON
THE DARK KNIGHT
THE DUCHESS
REVOLUTIONARY ROAD

Achievement in Cinematography
CHANGELING
THE CURIOUS CASE OF BENJAMIN BUTTON
THE DARK KNIGHT
THE READER
SLUMDOG MILLIONAIRE

Achievement in Costume Design
AUSTRALIA
THE CURIOUS CASE OF BENJAMIN BUTTON
THE DUCHESS
MILK
REVOLUTIONARY ROAD

Achievement in Directing
THE CURIOUS CASE OF BENJAMIN BUTTON
FROST/NIXON
MILK
THE READER
SLUMDOG MILLIONAIRE

Best Documentary Feature
THE BETRAYAL (NERAKHOON)
ENCOUNTERS AT THE END OF THE WORLD
THE GARDEN
MAN ON WIRE
TROUBLE THE WATER

Best Documentary Short Subject
THE CONSCIENCE OF NHEM EN
THE FINAL INCH
SMILE PINKI
THE WITNESS - FROM THE BALCONY OF ROOM 306

Achievement in Film Editing
THE CURIOUS CASE OF BENJAMIN BUTTON
THE DARK KNIGHT
FROST/NIXON
MILK
SLUMDOG MILLIONAIRE

Best Foreign Language Film of the Year
The Baader Meinhof Complex
The Class
Departures
Revanchee
Waltz With Bashir

Achievement in Makeup
THE CURIOUS CASE OF BENJAMIN BUTTON
THE DARK KNIGHT
HELLBOY II: THE GOLDEN ARMY

Achievement in Music Written for Motion Pictures (Original Score)
THE CURIOUS CASE OF BENJAMIN BUTTON
DEFIANCE
MILK
SLUMDOG MILLIONAIRE
WALL-E

Achievement in Music Written for Motion Pictures (Original Song)
WALL-E "Down to Earth"
SLUMDOG MILLIONAIRE "Jai Ho"
SLUMDOG MILLIONAIRE"O Saya"

Best Motion Picture of the Year
THE CURIOUS CASE OF BENJAMIN BUTTON
FROST/NIXON
MILK
THE READER
SLUMDOG MILLIONAIRE

Best Animated Short Film
La Maison en Petits Cubes
LAVATORY - LOVESTORY
OKTAPODI
PRESTO
THIS WAY UP

Best Live Action Short Film
AUF DER STRECKE (ON THE LINE)
MANON ON THE ASPHALT
NEW BOY
THE PIG
SPIELZEUGLAND (TOYLAND)

Achievement in Sound Editing
THE DARK KNIGHT
IRON MAN
SLUMDOG MILLIONAIRE
WALL-E
WANTED

Achievement in Sound Mixing
THE CURIOUS CASE OF BENJAMIN BUTTON
THE DARK KNIGHT
SLUMDOG MILLIONAIRE
WALL-E
WANTED

Achievement in Visual Effects
THE CURIOUS CASE OF BENJAMIN BUTTON
THE DARK KNIGHT
IRON MAN

Adapted Screenplay
THE CURIOUS CASE OF BENJAMIN BUTTON
DOUBT
FROST/NIXON
THE READER
SLUMDOG MILLIONAIRE

Original Screenplay
FROZEN RIVER
HAPPY-GO-LUCKY
IN BRUGES
MILK
WALL-E


Now comes the hard part. Predictions. But event then, my question is this: are you going to watch the Oscars? Let me know!

2009 Academy Awards Nominations Annouced Today

Well, Oscar time is here. The 2009 Academy Awards take place in just one month! Forest Witaker, fresh from his appearance at the 2009 Presidential Inauguration and the "We Are One" Concert, presented the nominees with Oscar President Syd Ganis. Here's the video:



But that was only part of the list. Here's the full list of nominees:

The 2009 Oscar nominees are:

Performance by an Actor in a Leading Role
Richard Jenkins THE VISITOR
Frank Langella FROST/NIXON
Sean Penn MILK
Brad Pitt
THE CURIOUS CASE OF BENJAMIN BUTTON
Mickey Rourke THE WRESTLER

Performance by an Actor in a Supporting Role
Josh Brolin MILK
Robert Downey Jr. TROPIC THUNDER
Philip Seymour Hoffman DOUBT
Heath Ledger THE DARK KNIGHT
Michael Shannon REVOLUTIONARY ROAD

Performance by an Actress in a Leading Role
Anne Hathaway RACHEL GETTING MARRIED
Angelina Jolie CHANGELING
Melissa Leo FROZEN RIVER
Meryl Streep DOUBT
Kate Winslet THE READER

Performance by an Actress in a Supporting Role
Amy Adams DOUBT
Penélope Cruz VICKY CRISTINA BARCELONA
Viola Davis DOUBT
Taraji P. Henson
THE CURIOUS CASE OF BENJAMIN BUTTON
Marisa Tomei THE WRESTLER

Best Animated Feature Film of the Year
BOLT
KUNG FU PANDA
WALL-E

Achievement in Art Direction
CHANGELING
THE CURIOUS CASE OF BENJAMIN BUTTON
THE DARK KNIGHT
THE DUCHESS
REVOLUTIONARY ROAD

Achievement in Cinematography
CHANGELING
THE CURIOUS CASE OF BENJAMIN BUTTON
THE DARK KNIGHT
THE READER
SLUMDOG MILLIONAIRE

Achievement in Costume Design
AUSTRALIA
THE CURIOUS CASE OF BENJAMIN BUTTON
THE DUCHESS
MILK
REVOLUTIONARY ROAD

Achievement in Directing
THE CURIOUS CASE OF BENJAMIN BUTTON
FROST/NIXON
MILK
THE READER
SLUMDOG MILLIONAIRE

Best Documentary Feature
THE BETRAYAL (NERAKHOON)
ENCOUNTERS AT THE END OF THE WORLD
THE GARDEN
MAN ON WIRE
TROUBLE THE WATER

Best Documentary Short Subject
THE CONSCIENCE OF NHEM EN
THE FINAL INCH
SMILE PINKI
THE WITNESS - FROM THE BALCONY OF ROOM 306

Achievement in Film Editing
THE CURIOUS CASE OF BENJAMIN BUTTON
THE DARK KNIGHT
FROST/NIXON
MILK
SLUMDOG MILLIONAIRE

Best Foreign Language Film of the Year
The Baader Meinhof Complex
The Class
Departures
Revanchee
Waltz With Bashir

Achievement in Makeup
THE CURIOUS CASE OF BENJAMIN BUTTON
THE DARK KNIGHT
HELLBOY II: THE GOLDEN ARMY

Achievement in Music Written for Motion Pictures (Original Score)
THE CURIOUS CASE OF BENJAMIN BUTTON
DEFIANCE
MILK
SLUMDOG MILLIONAIRE
WALL-E

Achievement in Music Written for Motion Pictures (Original Song)
WALL-E "Down to Earth"
SLUMDOG MILLIONAIRE "Jai Ho"
SLUMDOG MILLIONAIRE"O Saya"

Best Motion Picture of the Year
THE CURIOUS CASE OF BENJAMIN BUTTON
FROST/NIXON
MILK
THE READER
SLUMDOG MILLIONAIRE

Best Animated Short Film
La Maison en Petits Cubes
LAVATORY - LOVESTORY
OKTAPODI
PRESTO
THIS WAY UP

Best Live Action Short Film
AUF DER STRECKE (ON THE LINE)
MANON ON THE ASPHALT
NEW BOY
THE PIG
SPIELZEUGLAND (TOYLAND)

Achievement in Sound Editing
THE DARK KNIGHT
IRON MAN
SLUMDOG MILLIONAIRE
WALL-E
WANTED

Achievement in Sound Mixing
THE CURIOUS CASE OF BENJAMIN BUTTON
THE DARK KNIGHT
SLUMDOG MILLIONAIRE
WALL-E
WANTED

Achievement in Visual Effects
THE CURIOUS CASE OF BENJAMIN BUTTON
THE DARK KNIGHT
IRON MAN

Adapted Screenplay
THE CURIOUS CASE OF BENJAMIN BUTTON
DOUBT
FROST/NIXON
THE READER
SLUMDOG MILLIONAIRE

Original Screenplay
FROZEN RIVER
HAPPY-GO-LUCKY
IN BRUGES
MILK
WALL-E


Now comes the hard part. Predictions. But event then, my question is this: are you going to watch the Oscars? Let me know!

President Obama gets down to work

From the BBC: President Barack Obama got down to the serious work of being US president the day after the ceremony and glamour of his inauguration.