Basically since my first post I progressed a bit and then went backwards a whole lot due to getting sick, again, then better for a few weeks and then sick again. I think it was a month or more of stop start and then stop again. Fed up, I went to the doctor’s and he issued me some little yellow pills to take for 12 days. It seemed that I might have developed a bit of a viral (or whatever) thing that was related to the flu I had been repeatedly reacquainting myself with and it might have been living in the phlegm goodness that I never really had been able to get rid of.

Well, after the 12 days I am happy to say that the viral love does indeed seemed to have left me finally and my lungs have been feeling the best they have for some time. So that has to be only good.

In between all of that I had decided to get stuck back into the gym work and this time making the extra effort to do cardio work on the gizmos for that sort of thing. First I started with the stepper/arm thing for 10 minutes and then the treadmill for 10, which when added to the 15 minute walk added to 35 minutes of cardio. Not a lot but more than I’d been doing and was a good warm up for the 35 minute weight routine that followed it. Since then I’ve moved on to 17 minutes on the stepper/arm thing followed by 10-12 minutes on the same but on an intervals session, followed by a hard 35 minute weights session of high reps, medium weight, that keeps the heart rate at around 65%.

Yes, I mentioned heart rates. It saddens me as I thought all that was behind me but I have started to wear the Polar again. I said I NEVER would, EVER, but it has become an invaluable tool in measuring just what I am doing, making sure I do not over cook it when I don’t want to; weight loss happens between 50-65% of MaxHR, so the Polar helps keep me in the zone. When it comes to the intervals, it does the same, telling me if I’m pushing it enough. So while I hate the idea of it, since I already had it, wearing it and using it in a sensible manner is actually rather beneficial, especially in terms of monitoring longer term progress; my Polar has a rather good (well, it was recognised as such by the fitness fraternity) fitness test based on HR, age and weight.

But here’s the up….

Since getting on this routine and being able to go at it without getting sick (again), the Polar tells me I have jumped two fitness brackets (from ‘fat and hopeless bastard’ to ‘you’re really quite average’) since I last did it at around the time of the previous post and I have lost fat and gained strength. Got to be happy with that. What I am not all that chuffed about was that today I got on the bike for the first time in a long while (you know, life, weather and all that) and low and behold, the sore knee issue I thought was a muscle imbalance and was gone, is not. I rode for 40 minutes and actually had to stop as the knee got so sore. So while the fitness and overall strength has noticeably increased, which should have made the ride fun, the knee made the ride painful and basically just a drag.

Might need to go off to a sports doctor…

Only a few people know that over the past 18 months, I have been pressured to sign, accept, whatever, all sorts of bogus agreements drafted by IP solicitors in relation to my Mig Pilot Trade Mark. Well today, September 27th 2008, is the day I got the much awaited news that after more than a year of attempted pressure, ultimately bullying, they have backed down and run off with their tails between their legs. Fuckers.

So what went down then?

Back in 2006 I submitted the Mig Pilot logo, you know, the star with the words ‘Mig Pilot’ over the top, to IP Australia as a Trade Mark application. At the time I had some ideas of what I wanted to do with it, so wanted to protect it. After due process, I finally received notification that IP Australia, the governing body for Intellectual Property, had accepted the mark and it was being passed to the next stage. After the allotted time, I received another notice saying that all was good, I could pay my fees and away I go. At the 12th hour though, an appeal was lodged against the mark by local solicitors on behalf of their client in US.

It took a little digging but I found out that the ‘client’ was none other than the Dallas Cowboys, through an organisation called NFL Properties. They, or their acting lawyers, were objecting to my use of the star, as if it was something unique to them. Over the following 16 months I received all sorts of letters in an attempt to make me ‘agree’ to the way I was going to use MY logo, so it would not infringe on theirs, which if you do not know, also uses a star; the claims made in these letters bordered on the absurd. Objection to my filing continued, every three months like clockwork, I guess these guys thought that 1. they could pressure the small guy into backing down (a-la the UGH trademark issue) and 2. this small guy knew nothing about IP. They guessed wrong on both accounts.

A month or so ago after yet another attempt to extend the time to file evidence, that I knew damn well they did not have, for a case that did not exist, I decided to take my mask off and show them that, well, I actually do know something about IP - my previous letter last year to Australia IP was a little more jovial as I did not want to show my full hand at the time. Here is the letter I sent:

September 2nd, 2008

Re Trade mark No.: 1137457, Opposition by NFL Properties LLC

To whom it may concern,

I am writing to strongly object at the attempt by ‘Bully Intimidate Harass Lawyers’, once again, to lodge for an extension of time to present evidence against my Trade Mark No: 1137475

As of 21 July 2008, this will be the 5th attempt to extend the period of objection to my trademark application 1137475 (accepted for registration, 18th May, 2007) since 15th May, 2007. Despite numerous previous extensions of time, ‘Bully Intimidate Harass Lawyers’ (’BIHL’) on behalf of their client NFL Properties LLC, have failed to produce any evidence to substantiate their opposition, yet continue to seek extensions of time to gather evidence.

It should also be noted that ‘BIHL’, in their filed Statutory Declaration have given the impression that they and myself have been in direct negotiations in an attempt to resolve this matter. As per my letter to ‘BIHL’ dated September 1st (attached), it should be noted that while they have sought to continue to open dialogue directly with myself, there has been no two way correspondence of any form, nor will there be. If they wish to give the impression that a two way dialogue has commenced, I will request proof of this.

As per my previous objection of December 2007, I would like to emphasise why  ‘BIHL” objection against my Trademark is flawed:

In the Trade Marks Nos: 338376, 385439 and 448064 (attached) belonging to NFL Properties LLC, it should be noted that:

1. The registered Trade Mark images comprise a five pointed star used in conjunction with a protective helmet and the words ‘Dallas Cowboys’, NOT a five pointed star in isolation nor as a five pointed star combined with the words ‘Dallas Cowboys’ . All three filed Trade Marks are composite marks.

2. The endorsements attached to each of the Trade Marks state:

“…Registration of the coloured trade mark in the series is limited to the colours shown in the representation attached to the application, namely: blue, white, grey and black…”.

As I understand it, any deviation from these colours will render the filed Trade Marks null and void, thus these logos could not, say, use a red star, either as composites or as any other form.

3. There is no claim, or filling, of Trade Mark ownership by NFL Properties LLC of a five pointed star in isolation (with key line or without), either in blue, silver, black or any other colour OR as a composite combined only with the words Dallas Cowboys in these colours. It is my understanding that it is extremely difficult, if not impossible to Trade Mark ‘common elements’ such as a circle, square or star, due to their widespread, common use. Thus ‘BIHL” claim that they fear that the ‘Mig Pilot’ logo could be used as individual, separate elements is fascicle, as no Trade Mark could or would apply to such an application; as indeed would be the case if the star element used in Trade Mark 338376, 385439 and 448064 were to be used in complete isolation. To quote IP Australia’s website in relation to composite marks:

“You should keep in mind that your trade mark registration is for the trade mark as a whole. You will have registration for the cartoon elephant and the words SOUTH SYDNEY PLUMBING in combination, not one without the other.”

4. Further more, as per the endorsement notes: “…Registration of the coloured trade mark in the series is limited to the colours shown in the representation attached to the application, namely: blue, white, grey and black…”. The ‘Mig Pilot’ Trade Mark application is clearly limited to a red five pointed star, composited with black text.

I, and evidently IP Australia at the time of my mark’s acceptance fail to see how, in any way, my composite ‘Mig Pilot’ mark, comprising of a red star and the words ‘Mig Pilot’ superimposed over the top could, or would, be mistaken or used in such a way as to mislead the public, that it is the same as composite mark comprising of a blue, silver, black or grey star, super imposed over a protective helmet and combined with the words ‘Dallas Cowboys’.

I feel that unless  ‘BIHL’, on behalf of their clients, can file evidence of objection that clearly shows why my Trade Mark, as filed, should be refused acceptance, or presents a clear conflict with their filed Trade Marks, a further granting of time should be denied as they have had over one full year to do so. It is my feeling that this continued delay tactic on their behalf is an attempt to force me to private settlement of terms to their clear benefit, which, as I have now stated to them, will not happen under any circumstance.

Sincerely,

Mig Pilot”

If you are wondering what the letter I sent to the lawyers read, here it is:

“September 2nd, 2008

Dear Mr. Bullyman,

I am writing in response to your letter dated 15th August with included copies of associated paperwork re. your Reference Number T295648M:LNS, in regards to the COMPOSITE TRADE MARK Nos: 338376, 385439 and 448064 and my TM application No. 1137475.

I would like to draw your attention to the claim made at point 3 in the copy of the Statutory Declaration that reads as follows:

“3. The Opponent has endeavoured to settle this matter on an amicable basis. Despite some advancements as a result of these efforts (including the exclusion of Class 25 from opposed application 1137475), the opposition has not been resolved.”

This statement infers that you had negotiated directly with myself the exclusion of Class 25 from my application. I would like to remind you that at no point in the period of your first filing of opposition on the 15th of May, 2007 to now, the 1st of September 2008, have I, or anyone representing me, ever entered into direct negotiations with yourself or ‘Bully Intimidate Harass Lawyers’, either verbally or in written form.  It should be noted that I have no intention now, or at any time in the future, of entering into direct negotiations with you. I will work through IP Australia and their set process to resolve any issues that might be present.

For your note, despite the fact that I had withdrawn Class 25 from my application, I did so on my own accord as I felt at the time we did not need to cover this area of goods. As the situation has now changed, I intend on refilling for this class, and others, as circumstances have changed since December.

Sincerely,

Mig Pilot”

Sorry guys, this IS NOT your registered Trade Mark in Australia, nor as far as I can tell, will or can it ever be.

This though, when combined with the words “Dallas Cowboys” AND only when used in these colours, IS your Trade Mark in Australia.

How though, you can think that anyone could ever confuse it with THIS is beyond me, and a whole lot of other people…

While I knew I was right, and I am pretty damn sure the lawyer’s did as well, the amount of time, effort and what’s worse, money (every letter runs into the hundreds of dollars and I have a rather large pile filed) spent trying to make me back off from something that was totally legit from the start, is a clear demonstration of just how crap many lawyers and the corporations they represent are (I must add there are many of both that do worthwhile and commendable things). While ultimately I was not going to suffer if I could not register the mark, it became a matter of principle - I refused to be intimidated or harassed by corporate bullies that think because they have the money, everyone should bend over, part their cheeks and let them have their way with you; just because they have some sort of issue. Thankfully, there are impartial government agencies between such organisations and everyone else, so if you ask the right questions, you’ll know that the best thing to do is to ‘do nothing’ and let them prove their case. If you’re right, you have nothing to fear; just make paper castles out of the nice expensive letters the fuckwit lawyers keep on sending you.

I have no grudge against the Dallas Cowboys. In all reality I bet they have little idea of what has gone down, though I am sure they have noticed the invoices for work done on their behalf. What’s nice to say though is that the closure of this matter ends any dealings I have with lawyers once and for all…. now I can get back on track with my Mig Pilot stuff.

As a footnote to all this, it’s interesting to note that the United States is the one Western country that refuses to accept an international copyright/IP treaty that would cover everyone around the world with the same rights. Maybe they think that they can bully their way with lawyers and money to get what they want…

Here’s a super interesting article about Facebook and the man behind it: Click here.

“So by his own admission, Thiel is trying to destroy the real world, which he also calls “nature”, and install a virtual world in its place, and it is in this context that we must view the rise of Facebook. Facebook is a deliberate experiment in global manipulation, and Thiel is a bright young thing in the neoconservative pantheon, with a penchant for far-out techno-utopian fantasies. Not someone I want to help get any richer.

The third board member of Facebook is Jim Breyer. He is a partner in the venture capital firm Accel Partners, who put $12.7m into Facebook in April 2005. On the board of such US giants as Wal-Mart and Marvel Entertainment, he is also a former chairman of the National Venture Capital Association (NVCA). Now these are the people who are really making things happen in America, because they invest in the new young talent, the Zuckerbergs and the like. Facebook’s most recent round of funding was led by a company called Greylock Venture Capital, who put in the sum of $27.5m. One of Greylock’s senior partners is called Howard Cox, another former chairman of the NVCA, who is also on the board of In-Q-Tel. What’s In-Q-Tel? Well, believe it or not (and check out their website), this is the venture-capital wing of the CIA. After 9/11, the US intelligence community became so excited by the possibilities of new technology and the innovations being made in the private sector, that in 1999 they set up their own venture capital fund, In-Q-Tel, which “identifies and partners with companies developing cutting-edge technologies to help deliver these solutions to the Central Intelligence Agency and the broader US Intelligence Community (IC) to further their missions”.

The US defence department and the CIA love technology because it makes spying easier. “We need to find new ways to deter new adversaries,” defence secretary Donald Rumsfeld said in 2003. “We need to make the leap into the information age, which is the critical foundation of our transformation efforts.” In-Q-Tel’s first chairman was Gilman Louie, who served on the board of the NVCA with Breyer. Another key figure in the In-Q-Tel team is Anita K Jones, former director of defence research and engineering for the US department of defence, and - with Breyer - board member of BBN Technologies. When she left the US department of defence, Senator Chuck Robb paid her the following tribute: “She brought the technology and operational military communities together to design detailed plans to sustain US dominance on the battlefield into the next century.”

I am happily going to keep on fucking with Facebook and while I realise I am in the super minority, I am happy to say I am one of those that actually see what’s going down here - I have been overly suspect of it since day one as in life, NOTHING comes for free or is done without purpose behind it. Read the article in full and then ask yourself if Facebook is that kosher.

A long time ago in a galaxy (country) far, far away… I did stuff like this for a ‘profession’… even got paid for it. What a rort, huh? Pity the day to day of a staff job bored the tits off me, otherwise I might still be at it. Can’t complain though.

Looking at these images, even now, I still can’t fault the design too much. Sure, my design aesthetic has refined over the years but the bulk of what’s here I still really like. Getting off my arse and learning Maya might actually get me back into doing concept moto work…. so I really need to speed up my efforts (this concept was done the old fashioned way - analogue model building).

One thing’s fer sure though, scanning these old photos makes me realise just how great digital photography is these days.

It was not all pretty stuff. Layout schematics had to be done…

The world works in mysterious ways….I’m working on a few projects for Mountain Cycle in tandem with some of the local design crew. It’s phat, it’s fun and it’s living a dream. Coming up with cool stuff for a brand that you’ve loved for many years has got to be one of the best incentives to get one’s arse out of bed in the morning. While some of the stuff will not see the light of day until next year some time, just doing it is titillating enough for me!

Check out my first entry here

I have been hard at work on the ‘Unlikely’ series, with ALL canvas’ in the series underway. I decided to do a bit of a production line approach with them as it makes better use of paint and time. I mean, each piece is the end result of the concept work, so the execution of them is a ‘just doing’ thing, rather than some spiritual arty farty process. I hope to have them all knocked over in the next few weeks, as I have another large canvas I am itching to start.

In another front, I went out and grabbed a bunch of Anime series that I have been wanting to nab for some time, one of which is ‘FLCL’. Working my way though it but after three episodes I can tell you that I will be watching it again… and probably again, as it has to be the most strung out thing I have ever watched. The best term I can put to it is that it’s the Sex Pistols of the Anime world… it’s just so bloody abstract. More on FLCL later.

As a closing note, I’d like to say (like you didn’t already know) that there are some truly sick fucks out there in internet land. I was looking for a grab image for this post on Google Images and saw one that I liked, so clicked it. Well, what I got was not the thumb but something altogther very different. I won’t say what, but to think that some sick, sad, fat fucks get off on that sort of stuff is truly a worry. Personally I think they should all be rounded up and…. ah that’s a whole different issue. I fret to think if a young one would see such a thing while searching for something far more innocent…

Saw this down the road from my place today… sign of the times it seems.

Ahhh, those were the days.

“The 26inches.com magazine ran bi-monthly over 8 issues. The first, and still the only, of its kind in Australia, it was based on a mix of written, video and interactive articles. Starting as a web based magazine, it progressed to CD and finally DVD for its last issue. It was ceased as the readership was ultimately not enough to sustain it’s increasing production costs and there was little desire by those involved to do a more traditional print based magazine.

CD 1, as you can gather, was the first of the disc formats and allowed greater interactivity and size of content. It was a bit of an experiment, and looking at it now, maybe even a challenge, for those reading it but hey, you have to start somewhere!

Be warned:

This is the whole CD and nothing’s been cut down. The video content is big, 80Mb+, so it’s best looked at on a big pipe connection.

The presentation uses pop up windows.

The site is housed in a Flash wrapper, so make sure your browser is capable of seeing Flash files.

Written articles are delivered in Acrobat.”

Click here to see issue 1

Click here to see issue 2

Click here to see issue 3

Click here to see issue4: “Until we figure out how to drop the DVD based content online, all we have to show you is the disc!”

Well, Production I.G was not involved with ex Machina… unfortunately.

Based on the thought provoking work of Shirow Manasune (Ghost in the Shell and Dominion, Orion etc.), directed by action film master John Woo, and even having Prada get in the act for some ‘costume’ design, 2007’s Appleseed Ex Machina was set to stun its audience with a tour de force of style, technique and storyline, if the first film was anything to go by .

2007 Appleseed.

The 2004 Appleseed movie, directed by Sumiji Miyake (Executive Producer of Ex Machina), introduced us to a refined, yet stylised, use of 3D for both characters and environment. While clearly 3D, it was produced in such a way so as not to give the impression of hyper-realism, as in say the Final Fantasy movies of 2001 and 2005. In many ways, 2004’s Appleseed had a true feel of taking traditional Manga/Anime stylings and turning them to 3D. Unfortunately though, Ex Machina took this as the starting point and pushed it probably further than it could, or should go.

2004’s Appleseed. Stylised 3d Anime. It worked well…

While in many aspects the design and 3D work in Ex Machina is brilliant - super detailed, well put together and beautifully thought out, it sits on the edge of being realistic without being hyper real. While that might be OK for the set and hardware design, when it comes to the characters, seeing what are clearly stylised Manga/Anime characters look real enough to be, well, real, makes the whole film seem awkward and uncomfortable. What’s worse, when something looks real, there is no room for sloppy bits, and folks, the hands of the characters are just ‘manky’; so much so in fact that one becomes fixated to just how bad they are.

Hmmm.

2007 Appleseed. Anime gone ‘realistic’ 3D. Not quite right.

So what about the film itself? Basically the storyline is a stinker, or at least in the way it was laid down it is. I personally do not think Shirow could have been too impressed. The English voice acting is poor, the leader of the ESWAT team sounds like he is permanently pissed off and suffering from cramps while the rest just of the cast sound half interested. And while John Woo might make great action films, the direction on this is just, well, comical. Forced action scenes, highly unlikely scenarios, it just comes over of as ‘let’s do it because we can’.  Where the ‘04 film had plausible action, with plenty of ’cause and effect’, ultimately making it very watchable and even ‘believable’, Ex Machina is just a string of glorified CG Anime silliness.

I could go one, but I won’t. I waited for quite some time for this to hit DVD locally, as being a very long time fan of Shirow’s work, I truly enjoyed the 2004 Appleseed film for it’s story and execution. This installment though left me feeling let down. While it definitely has it’s moments of ‘goodness’, Ex Machina is more a film for true Anime geeks than for those who see animation as a legitimate art form and should be executed accordingly.

One Mig Star.