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Only your lawyer knows for sure. Joel Send a noteboard - 10/07/2011 01:42:14 PM
Myself, I always smile when I hear the music, it brings to mind my carefree childhood.
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METHUEN, Mass. -- Police in Methuen are fining an ice cream truck driver, for his music. They say it's simply, too loud and that they've gotten several complaints from residents.

When you hear the music you know Gilbert Harb the ice cream man is coming, and Methuen police say that’s the problem.

“It’s heard a quarter of a mile before the person gets there, while he’s in his neighborhood, while he’s stopped in the neighborhood and until he leaves the neighborhood,” said Capt. Randy Hagger of the Methuen Police Department.

Police say Gilbert’s music has been annoying residents. They say when he pulled up to the Methuen High School graduation last month that was the last straw.

Gilbert was then given a $100 citation.

“This is how I do my living,” said Gilbert Harb. “My living is the ice cream truck…to put the music on so people, kids, families know that it is the ice cream passing by.”

But Gilbert has not paid his $100 ticket - he says he’s going to fight it.

“I’m going to go to court, speak with the judge and see what he has to say,” said Harb. “…I don’t think it’s right.”

Methuen residents say they’re quite aware of Gilbert’s ice cream truck.

“It’s probably a little loud and I’m sure it would bother some people, but it doesn’t bother me because I have central air and I don’t have to listen to all the noise,” said a Methuen resident.

“It’s a very nice sound,” said Amy Flynn.

Gilbert says the ice cream truck music is as American as apple pie.

Gilbert Harb is in the process of trying to get a court date. He says he hopes he gets a judge who likes ice cream.

(Copyright (c) 2011 Sunbeam Television Corp. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.)

Um...am I breaking the law?
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Also I think I need a list of fonts and how to underline, score and invisible and whatnot that work on the site. Please and thank you.

Apparently, in an effort to save the waning industry, print media have recently gotten rather aggressive about enforcing their copyright against people who repost their articles online. Consequently, logging it another site I once frequented now loads this message:
Important Notice Concerning the Posting of Articles. Unfortunately, it will no longer be allowed to post full articles....

As has been noted in the past, I have been contacted by websites and publishers concerning articles being posted without links to the original source, and in other cases because the full article was posted, which is a violation of copyright. This week the Denver Post published an article telling their readers that it is NOT ok to post full articles, and describing “fair use”. Please take a look at that article. In addition, they have told me personally that this article and the protection of their copyrighted material is a corporate initiative that goes beyond individual writers or editors at the Post.

It then states that though the site has no legal responsibility for its members, because it's "an easier target" for suits than a poster, and to maintain good relations with the rest of sports media, the site will delete any articles re-posted in their entirety.
While some sites don’t mind full articles to be posted, assuming credit and a link are provided, most strongly enforce their copyright and do not want full articles reposted. For this reason, the only posting of articles that will be permitted will be to post a few paragraphs of the article, while clearly showing it is quoted material (use the vBulletin quote function), and a link to the publishing website. This is typically considered “fair use” and therefore acceptable....

The above should not be construed as legal advice, or acceptance of responsibility by [site] or the owners or staff of [site], for the posts of its members. As an interactive service provider (ISP), [site] is not the author or publisher of any posts by forum members.

Emphases above are mine. It might be a bit more difficult for non-British print media to come after RAFO for copyright infringement, or legally compel Ben to surrender the members actual name so they can be targeted directly, but I expect this to be an increasing issue in the next few years. Print media already deeply resent the way the internet has cut into paying subscriptions and thus advertisement that keeps them alive, particularly since those were already declining before the internet became mainstream. On top of that, they've been hearing for a while how the internet has made them irrelevant and redundant; how would you expect a print journalist (or their publisher) to react when they were paid to write posted online for free? Expecting inclusion of their byline to completely mollify them may be expecting too much, but it seems like that should be done at a minimum (even though it frequently isn't around here.... :[ ) On the other hand, if a suit WAS filed, including the copyright notice in the post could represent an admission of guilt; you'd have to ask a lawyer. Probably the safest thing to do is what most people now do at the site I referenced: Post the articles title and first paragraph, paraphrase a summary with an additional paragraph, then include a link to the full article for anyone who wants to read and discuss the whole thing. If nothing else that prevents copyright violation and insures the business that generated the content is duly acknowledged as such.

As to the ice cream truck, a quarter mile isn't very far at all; 440 yards, 1320 feet or (depending on where you live) as little as 2 city blocks. If the music can be drowned out by central air conditioning it's either not loud music or a VERY loud air conditioner. This seems like another case of "you can't do anything I dislike in public, because public space is my personal property". The paradoxical nature of that should be obvious to everyone, but the Western cult of the individual has grown to such a stature in recent years that a lot of people are seemingly incapable of putting themselves in the other persons shoes. As a result, in many places your neighbors majority vote can declare the decor of once sacrosanct personal property like your house or vehicle illegal. It should be fairly obvious that an ice cream truck intends its music to carry; that's rather the point. Therefore it seems to me the real issue is not the volume of the music but the presence of the ice cream truck, the same kind of mindset that gave us gated communities. I'd prefer whole American TOWNS not turn into a place like that, with the police department serving as security guards at the entrance. If he's crashing private events or driving through to sell ice cream at 2AM in the middle of the week, that's more of a public nuisance, but simply driving an ice cream truck through the neighborhood in the middle of the day is, as he notes, a time honored tradition, and not just in America; I walked right by an ice cream truck parked on a corner just a couple days ago.
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LoL. Be well, RAFOlk.
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Who the hell doesn't like ice cream truck music? - 10/07/2011 05:06:22 AM 842 Views
Only your lawyer knows for sure. - 10/07/2011 01:42:14 PM 682 Views
I think probably it's just too loud *NM* - 10/07/2011 06:08:08 PM 163 Views
I find it kind of annoying. - 10/07/2011 06:27:51 PM 362 Views
Me. *NM* - 10/07/2011 07:40:04 PM 168 Views
That stuff gets soooo annoying. Mostly because it's so repetitive. - 10/07/2011 11:30:43 PM 341 Views
Everybody above the age of 12. - 11/07/2011 11:17:59 AM 377 Views
We don't have music, ours just ring a bell *NM* - 11/07/2011 11:39:56 AM 159 Views
As a country person who has only twice experienced a real life ice cream truck jingle - 11/07/2011 12:27:32 PM 375 Views
But how else do you get him to stop>? *NM* - 11/07/2011 01:54:14 PM 153 Views
How does his song help you make him stop? - 11/07/2011 04:09:10 PM 357 Views
She was responding to the "fining the man is absurd" comment - 11/07/2011 04:11:19 PM 361 Views
Oh! *NM* - 12/07/2011 08:41:39 AM 167 Views
I can see why it could annoy people - 11/07/2011 12:32:42 PM 342 Views
I'm not even that fond of ice cream. *NM* - 11/07/2011 01:10:06 PM 183 Views
A little story for you. - 11/07/2011 04:05:51 PM 436 Views

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