Sunday Herald Sun
Men at Work sued over Down Under
Written by Nui Te Koha and Sue Hewitt

October 12, 2008 12:00am

TWO of Australia's most loved anthems are locked in a courtroom showdown.

Publishing company Larrikin Music claims Men At Work's global hit Down Under rips off the popular children's song, Kookaburra.

"This is a battle between two icons," Larrikin Music Publishing managing director, Norm Lurie, said yesterday.
"We claim the song Down Under contains the 'Kookaburra Sits in the Old Gum Tree' refrain.
"That refrain is an integral part of Down Under and we are not being compensated for that song.
"The Kookaburra aspect of that song has never been acknowledged."

The matter is scheduled to be heard in the Federal Court in November.

In a statement of claim lodged in court, Larrikin is seeking compensation from Down Under's songwriters, Colin Hay and Ron Strykert, along with record and entertainment giants Sony BMG Music Entertainment, Sony DADC Australia, EMI Songs Australia and EMI Music Publishing.

In a strange twist to the tale, Mr Lurie said he launched the court fight after an alleged Kookaburra connection was raised on the ABC TV quiz show, Spicks and Specks. He said the question: 'What children's song is contained in the song Down Under?' was posed on the show, and answered: 'Kookaburra'.
"The next day, my email and phone lit up with people asking: 'Do you know about this?'.

In court documents, Larrikin said Kookaburra was written by Toorak college teacher Marion Sinclair in 1934 for a girl guide jamboree in Melbourne. She signed over her copyright to the Libraries Board of South Australia in 1987, a year before her death, it said.  In 2000, Larrikin took over the copyright in an agreement backdated to 1990, it said.

Larrikin, in court documents, claimed that in 1981 Hay and Strykert wrote Down Under using a "substantial part of Kookaburra" -- the flute section.

In a statement of defence, Sony BMG and Sony DADC said since 1983, when Down Under was the unofficial anthem of Australia's challenge for the America's Cup, the song was known.

Sony's statement said the owners of the Kookaburra copyright should have known Down Under, including the alleged flute rip-off, had been played regularly for nearly 30 years.

Sony BMG said in a statement yesterday: "This is properly a dispute between two rival music publishers, Larrikin and EMI Music Publishing. Sony has, at all times, fulfilled all its obligations."

Music industry commentator Molly Meldrum said: "I used to sing Kookaburra when growing up, but it does not remind me of Down Under.

So much time and money is wasted in these pointless legal processes.  The courts are a place for justice, not opportunitist motions for profitable gain. We KNOW what the RIGHT result for this court battle should be, but the system is going to allow the charade to play out anyway.

Who are the real larrikins here? The recording industry giants? The courts? The lawyers? Perhaps it is us - the everyday apathetic Aussie - if we start allowing our legal system to languish about with Clayton's cases like this one.

"Intellectual Property is the oil of the 21st century" - Mark Getty, chairman of Getty Images.

We've had another Christmas go by already, so here's a couple of pics from Christmas 2007. The first is a natural Aussie Christmas Door Wreath.  The kids collected the native fauna from the park, including gum leaves and nuts, which I then assembled into a welcoming decoration more suited to the aussie festive season.  The second pic is our traditional Xmas Eve photo of the completed tree.  You can see our new aquarium in this photo - a hobby of my husband's - but more about that later.  And taken at about 5:30am on Christmas Morning, is the third photo of myself, sporting new sunnies and a Virgo coffee mug.   

Aussie Christmas Door Wreath December 2007	Christmas Eve 2007
PoizonMyst - Christmas Day 2007

The tag attached reads:

Barbara Sansoni designs

"Our products are about creation & design. They are about the inspiration and influence at work behind our intense passion for colour and textiles", Barbara Sansoni, founder of Barefoot Sri lanka.

In 1958, Barbara Sansoni, a colourist & artist, created the Barefoot concept out of a need for a rehabilition program for young Sri lankan woman who had limited schooling and skills.  Today Barefoot is a premier textile design company exporting exquisite hand woven fabrics, toys, linen, and clothing worldwide.

Barefoot Artisans are dedicaed weavers and needlewomen who, without time constraints of mass production, are able to produce premium quality workmanship.  Barefoot Sri lanka apposes exploitive practices.  Each artisan earns a real wage enabling them to support their families with self-respect and dignity.

100% hand woven fabric - 100% hand made - 100% natural fibres
Swiss dyes used are non-toxic & colourfast.

It's always good to highlight a worthy cause and the everyday people who are implementing inspirational working solutions.  These toys are top quality products and I have no doubt they will last until the girls want to pass them on to their own children. So if you are looking for a unique gift for that special occasion, give Barefoot a look. You can also visit Barefoot Australia.

In August last year Reanimated Residue Multimedia Studios invested in some environmentally friendly personal transportation vehicles in the form of three Dyno electric bicycles. They have saved us so much money in taxi fares and have completed some 2000km each already.  These bikes have changed our life. Here's a couple of pics. Read a complete review and Q&A on our website.

DYNO CX 24V 200 Electric Bicycle	PoizonMyst - Proud owner October 2007

I mentioned earlier my husband's hobby so heres a couple of pics from our aquarium.  These pics are a bit old - again around Oct/Nov 2007 - so the fish have grown somewhat since and need a new tank already.   I tell you it's a scarey thing to feed these critters, let alone putting your whole arm in the tank to rearrange the neighbourhood ornaments.  I've always enjoyed watching the community interaction of fish.  I can sit for hours captivated by their little domestic disputes and mating rituals. Hmmm ... I think I mite have been watching too many David Attenborough documentaries lately.

Anyway, when I get a new camera I'll be able to share some newer photos, but for now let me introduce you to our tank of territorial predators.

Electric Blue Cichlid	Green Terror & Convicts

Well that's a pretty good start for an update ... but I've got plenty of new stuff to write about so I'll be back a few more times over the coming weeks. I hope all the mum's out there had a fabulous day yesterday for Mother's Day 2008!  Anyway, until next time, Cheers!

Would APEC security notice if Osama Bin Laden arrived at APEC in the Canadian diplomatic convoy? Apparently not.

Okay, so it wasn’t exactly Osama Bin Laden, but rather a popular Australian media personality dressed as the world’s most wanted man, who managed to infiltrate the Asia-Pacific Economic Cooperation (APEC) security red-zone before being arrested 10 metres from the Sydney's InterContinental Hotel, where American President George Bush has been staying during the summit.

The stunt made world headlines when several team members of the successful Australian Broadcasting Corporation (ABC) satire television program, Chaser’s War on Everything, were arrested and charged under section 19 of the APEC Meeting Act 2007 on Thursday September 6th, after being waved through security checkpoints with a fake motorcade consisting of three hire cars flying Canadian flags accompanied by a motorcycle escort and security guards on foot.

Canada was chosen by the Chaser team because they thought it was a country that would not be heavily scrutinized by police in a comedy sketch intending to mock the overkill that is APEC security.  But the lads got more material for their efforts than expected as they were welcomed through two security checkpoints with team members wearing no more than an “insecurity” id blatantly stating the convoy as a joke. 

The Chaser crew was denied media accreditation prior to the summit, and in an article published on September 2nd, executive producer and cast member Julian Morrow warned, “We're hoping at least three of the team will be arrested,” in plans to “play with APEC”. Morrow was among the 11 detained, which also included the 3 hire car drivers. NSW Police Commissioner Andrew Scipione says The Chaser team were specifically told not to conduct “dangerous stunts” during APEC week.  Speaking for the first time since his arrest Morrow said, "lucky it was us and not Al Qaeda."

The skit has thrown doubt over the effectiveness of the AU$170 million security operation which has had large portions of the Sydney CBD in lockdown since the start of the conference on September 2nd.  It involves some 3500 officers, including riot police and military personnel.  Authorities and organisers are in desperate denial hoping to save face over the bungle, with Foreign Affairs Minister Alexander Downer quoted as saying “The point is they were in any case arrested, so I think the security works”, while NSW Police Minister David Campbell said, “I think this reinforces that APEC security has been successful by the mere fact that 11 people have been arrested”. 

What both fail to mention is that “When The Chaser reached the perimeter of what they thought was the APEC restricted zone, they voluntarily turned around,” said The Chaser in a statement released today.  It was only when Chaser comedian Chas Licciardello emerged from the vehicle wearing a long white robe and fake beard stating “I'm an important world leader. Why don't I have a seat at the APEC table?” that Police finally realised and moved in to conduct arrests.

Also revealed yesterday, two police identification passes were incorrectly issued to staff members of the government Opposition which theoretically gave them unrestricted access to all APEC secure zones.  The passes were eventually revoked and new passes issued in replacement, but again the error confirms uncertainty in what is the biggest security operation the country has ever seen.

The Chaser team was released on bail to appear in court on October 4th and face a maximum of six months jail for entering a secure area.

Merry Christmas Everyone!

Miss 7 at the community Christmas Party - December 14th 06

Local Santa at the Community Christmas Party - Dec 14th 06

This Year's Christmas Tree - Dec 22nd 06

Wasnt that exciting?  I think so, I love Christmas ... I mean who doesnt?  Even though I dont get all the pressies I want anymore ... i love watching the kids open theirs and get everything their hearts desire.  Ahhhh the spirit of giving.  Can't put any pressies unda the tree yet cause they wouldnt survive til Christmas day.  Hopefully I can take some more pics on Christmas Eve when its all laden with gifts.

So as I said, Ive been undertaking many projects this year.  I completed my first semester in a Certificate IV Information Technology (Website Design), so my next project is to spiffy up the Reanimated Residue website before classes start again.  My kids have been bugging me for a homepage on the web too, so that is also to come.  I've also got to add some links to other communities we run or are involved in, as well as some stuff for our new internet radio station, Radio Residue (thats a "listen" link btw).

We've been involved in a community of radio stations for a few months now over at radio-forums.net - a pretty cool concept of numerous radio stations and listeners interacting via forums while on air.  We've also been trying to get some video happening through the same station, and recently unleashed "The Videodrome" ... a b-grade movie TV show.  First night was riddled with issues but things will certainly improve as we smooth things out.  Currently we support 1500/256 and up connections for the video nights.  So head on over to radio-forums.net and get involved.  Radio Residue's dedicated forums at the site can be found here - that's where you can find out all about our station, chat with the DJs and other listeners, and find out when our shows are scheduled to be on.  Hope to see you there!

So it's almost to time finish up here ... I'll leave you with one last photo.  The triplets will be 11 months old at the end of this year, so I thought I'd show an update picture.  They're crawling around now, and babbling baby words, laughing, and exploring.  They are such good lil girls - hardly ever crying and always sleeping through the night.  So here it is, taken Dec 14th, three lil faces all the same ... Havent they grown?!?

The Triplets - Dec 14th 06

In an historic vote, the International Astronomical Union has finally agreed upon the definition of a “Planet”. 

The International Astronomical Union (IAU), the internationally recognized organisation for naming and defining all things celestial, has closed their triennial General Assembly conference in Prague by deciding that there are only eight planets currently present in our solar system. Pluto has been demoted to “dwarf planet” status – albeit a new family of objects within its own right. The eight planets are (in order from the sun): Mercury, Venus, Earth, Mars, Jupiter, Saturn, Uranus, and Neptune. The first “dwarf planets” to make the grade, consist of Ceres, Pluto, and 2003 UB313 (commonly referred to as “Xena”), with more to be added in the near future. The concluding vote took place on Thursday, August 24th, 2006.

It’s not all bad news for Pluto though, as it becomes the prototype for a yet-to-be named new class of objects that exist in the trans-Neptunian region. The IAU intends to set up a dedicated process for naming these bodies in the near future, which typically consists of large bodies within the Kuiper-belt region.  Having visited all eight planets in the solar system, NASA's "New Horizons" spacecraft is currently enroute to Pluto and is expected to reach the dwarf planet in July of 2015.  In June of 2007, NASA plans to launch off on the "Dawn" mission to fellow dwarf planet, Ceres.  Though the chance to send your name to Pluto has passed, the opportunity is now available to be part of the Dawn mission by doing the same.

The passed IAU resolution reads:

RESOLUTION 5A
The IAU therefore resolves that "planets" and other bodies in our Solar System be defined into three distinct categories in the following way:

(1) A "planet"1 is a celestial body that (a) is in orbit around the Sun, (b) has sufficient mass for its self-gravity to overcome rigid body forces so that it assumes a hydrostatic equilibrium (nearly round) shape, and (c) has cleared the neighbourhood around its orbit.

(2) A "dwarf planet" is a celestial body that (a) is in orbit around the Sun, (b) has sufficient mass for its self-gravity to overcome rigid body forces so that it assumes a hydrostatic equilibrium (nearly round) shape2 , (c) has not cleared the neighbourhood around its orbit, and (d) is not a satellite.

(3) All other objects3 except satellites orbiting the Sun shall be referred to collectively as "Small Solar-System Bodies".

1The eight planets are: Mercury, Venus, Earth, Mars, Jupiter, Saturn, Uranus, and Neptune.
2An IAU process will be established to assign borderline objects into either dwarf planet and other categories.
3These currently include most of the Solar System asteroids, most Trans-Neptunian Objects (TNOs), comets, and other small bodies.

RESOLUTION 6A
The IAU further resolves:

Pluto is a "dwarf planet" by the above definition and is recognized as the prototype of a new category of trans-Neptunian objects.1

The decision is exciting news for astronomers but it was not an easy task for the IAU to reach an agreement on the final definition. The furor began when it was found that Kuiper-belt object UB313, discovered in 2003 by astronomers Mike Brown (Caltech), Chad Trujillo (Gemini Observatory), and David Rabinowitz (Yale University), was slightly larger than Pluto, at approximately 2400km in diameter. This new discovery required a new planet (or several) be added to the list of “Planets” or a demotion of Pluto from the rank. Many were not happy with this idea, submitting a plethora of reasons, including historical relevance, astrological usage, text-book changes, and the confusion of children learning about our solar system. Then came about the problem of deciding what defining features actually made a planet a planet, without allowing other celestial objects to fall easily into this category either. A number of proposals were submitted and debated, settling on the final definition with more than 2500 astronomers voting on the resolution.

After 100 days in the Australian Big Brother house at Dreamworld, the winner has finally been selected.

The weekend was both nerve-racking and eventful for the remaining four housemates - Camilla Halliwell, David Graham, Jamie Brooksby, and James "Max" Panabianco – enjoying a lavish lunch date with Big Brother, a secret visit from their loved-ones, and a double eviction on Sunday night.  Late Saturday night the four shared their final dinner together in the house, relishing meatballs cooked by Max’s mother during her hush-hush foray into the house earlier that day.

Faced with the usual variety of controversy and critique, the popular reality TV show has survived yet another year to complete series six, with a total of twenty-three housemates having lived in the house over a three month period.

Sunday night saw the eviction of 20 year old “replacement” housemate, Max, and 26 year old gay farmer, David, of the original 15 housemates.  Max exhibited extreme relief at his eviction, explaining he did not deserve to win after only three weeks in the house.  The audience was introduced to David’s partner, Sharif, in an affectionate reunion between the couple on the big stage.  The double eviction left Jamie and Camilla, both of the original 15, to spend their last night in the house together while Australia decided their fate.  To celebrate, Big Brother treated the pair to champagne and an extravagant seafood banquet.

Camilla earned a reputation as the “biggest whinger” in the house, yet went on to survive 10 nominations over 15 eviction nights.  She never won the Friday Night Games, only ever enjoying the spoils of the “Rewards Room” when invited by other housemates.  Last Friday, Big Brother reminded Camilla that she had been “knocked out” in the first round of the games more than any other housemate in the history of Big Brother.  She redeemed herself by making a teary-eyed, but brave, 15 meter “Leap of Faith”, earning a further $40,000 towards the prize money.

While in the house, Jamie formed a close relationship with 20 year old Katie, who was eliminated from the game in round 7.  His trademark became the way he wore his baggy pants, hanging low to reveal his underwear, while his hair was central to his vanity.  Evictee David commented that he would have got more “focus” out of Jamie if there were less mirrors in the house.  Jamie made his mark on the house by presenting himself as a fun-loving, all-round selfless character.

Camilla and Jamie spent their final day in the house being pampered by Big Brother, with a selection of beauty products and clothing for the big night.  Unlike past years, the two housemates entered the “games arena” to begin the finale.  They were shown dramatic footage of world and local events occurring during their stay in the house.  As previous evicted housemates entered the arena to accompany their final voyage, a number of video montages were presented which encompassed their time as part of the Big Brother experience.  A particularly touching moment was the reunion of love-birds Jamie and Katie.  Eventually the past housemates exited, leaving the duo to face the final announcement with only each other for support.

Voting complete, the time had finally arrived for host, Gretel Kileen, to open the envelope and reveal the eagerly awaited name within.  The final results were extremely close with a split of three percent between winner and runner up.  Camilla Halliwell, a 22 year old student and nightclub host, became the last evictee of the series.  Left to spend several minutes alone in the house to contemplate his future as the ultimate winner of Australian Big Brother 2006, 22 year old fitness instructor, Jamie Brooksby, ran around the house repeating “Jamie’s goin’ nuts! Jamie’s goin’ nuts!” and “This is not a dream!”  Then he looked in the mirror and adjusted his hair.

The original prize pool up for grabs was a cool one million dollars.  However, after several fines during the series, and then winning a portion of the money back during the last Friday Night Games, the remaining prize totaled $511,000.  Jamie had racked up fines worth $85,000.  Continuing his reputation as a meaner and tougher Big Brother this year, the individual fines remained, and he received a total prize of $426,000.

This year the program has rated a mention in parliament with Prime Minister John Howard calling for an end to the show following an incident in which two housemates were removed from the house for breach of the rules.  An investigation was conducted by the Australian Communications and Media Authority and Queensland police but found no breach by Network Ten or the show’s producer, Southern Star Endemol.  Head of production and development for Network Ten, Tim Clucas, said the show will “absolutely” return in the future.

Images courtesy Southern Star Endemol and Network Ten.

Astronomers anticipate the approach of a prominent sized asteroid as it passes Earth just beyond the orbit of the moon.

Discovered by Lincoln Laboratory Near Earth Asteroid Research (LINEAR) on December 10th 2004, Asteroid 2004 XP14, is due to come uncomfortably close to Earth during the early hours of Monday July 3rd 2006.

The LINEAR project, funded by the United States Air Force and NASA, uses technology that was developed to monitor satellites orbiting the Earth, in an attempt to locate and record potential cosmic threats to our planet.  To date, the LINEAR project has confirmed 1622 Near Earth Objects (NEOs), which also includes comets with a close approach orbit to the Earth.  The greatest current potential impact risk, at an estimated diameter of 300 metres, is asteroid 99942 Apophis (2004 MN4) when it approaches Earth in April 2036.  The probability of 99942 Apophis impacting the Earth is 0.0026% or 1 in 38,000.

Believed to be 600 metres or more in diameter, Asteroid 2004 XP14 was originally thought to be an impact threat, but further studies of its orbit later revealed the big rock is not an immediate danger to the Earth.  Classed as a PHA (Potentially Hazardous Asteroid), 2004 XP14 is one of 796 within this classification, which is defined as an asteroid with a Minimum Orbit Intersection Distance (MOID) with the Earth of 0.05 AU or less, and an absolute magnitude of 22.0 or brighter.

The asteroid will pass just beyond the orbit of the moon at 1.1 LD (lunar distance from Earth) and is expected to reach an absolute magnitude of 12, so amateur and professional astronomers will be readying their telescopes in order to catch a glimpse of the fly-by.  It will be traveling at a relative velocity of 17.41 kilometres per second.

At a distance of 1.7 LD, the most recent close approach by an NEO was only a few days ago on June 28th 2006, by 2006 MB14, but at an estimated diameter of 24-53 metres, it was a mere pebble compared to 2004 XP14.  NEOs at such distances are somewhat rare.  The next known asteroid expected to pass at a comparable distance of 1.4 LD, is 2005 YU55 in November of 2011; and then another, 1999 AN10, in August of 2027 at a distance of 1.0 LD.  NASA reports that asteroid 1999 AN10 is at least 1 kilometre in diameter, and with the projected distance of this asteroid relative to the moon, we can certainly anticipate apocalyptic stories to accompany its approach.

Images courtesy Big Brother, Southern Star Endemol, and Channel 10.