After the Gorge and Tahoe, I’m completely confident we’re witnessing the magic emerge once again. For the first time since Phish started playing together again in 2009, I’m getting glimpses of the creative fire Phish exhibited in the past. It may take a while to get there, but the direction we’re heading in is glorious.

For the sake of expressing my point, there are five specific musical examples that I’d like to focus on: The Rock and Roll from the first night at the Gorge (2011), Light from the first night in Tahoe (2011), the end of Mound from Super Ball (2011), the transition back into Split Open and Melt, and the Have Mercy from Utica (2011). All of these musical moments are prime examples of why I started following Phish around the country so many years ago. (The Waves soundcheck from Bethel almost made the list, but it deserves its own post.)

Grab some headphones or turn on your speakers and try to follow along with the analysis below.

Rock and Roll • August 5th, 2011 – Gorge

At the 11:10 mark of the jam, Trey finds a darker upscale lick that he likes. Mike responds with some downward arpeggios, Page is layering on top and Fishman is listening for Mike to find the groove he wants to settle in on. At 11:48 the magic happens. Mike gives the go-ahead to Fishman and the entire band settles in on an incredible groove. The only way they could’ve found this uncharted territory is through extensive improvisation. All of them have such a focused ear at this point in the jam, listening to precisely what the other band members are laying down. This is a prime example of the Phish I fell in love with.

Light • August 8th, 2011 – Tahoe

At the 9:05 mark Page emerges with a Piano melody that inspires the rest of the band to find themselves. In what seems like a premeditated thought, Page finds himself in the driver’s seat at the the 9:20 mark. The jam heavily progresses forward, allowing Mike to emerge with a thundering bomb at the 10:20 mark. While the rest of the band backs him up, he finds the magic at the 10:30 mark. The rest of the jam is a shining example of what made Phish’s second set pearl choices so important. At the 15:22 mark, Mike finds a downright scary synth driven line. The rest of the band responds with a mediterranean-psychedelia inspired foundation. Close your eyes, it sounds like 1996.

Mound • July 3rd, 2011 – Super Ball

After the incredible interplay between Mike and Trey between the 2:05 and the 2:40 marks, the band is clearly feeling this version of Mound. They nail the composed sections of the song, and when the ending draws near, Trey decides to take the final solo instead of Page. In what could be a classic “Thank you Trey” moment, he absolutely shreds it into oblivion. It all starts at the 6:15 mark when Trey hops in with some minor notes over the psychedelic bluegrass foundation the band is throwing down behind him. Trey continues to lay down some beautiful notes while the rest of the band is clearly paying attention to him. At the 6:57 mark Fishman and Page lock in on a three-note rhythm that fills in Trey’s holes, and it makes for a gloriously enlightening feeling. This leads to an uptick, which in turn leads Mike to a thundering jazzy bluegrass scale at the 7:05 mark. Mike continues to meet Trey’s peak notes with fiery intensity. At 7:17 the entire band locks in on that fundamental bluegrass movement while racing towards the finish line. An instant classic in Mound history.

Split Open and Melt (and Have Mercy) • October 12th, 2010 – Utica

After a great Split Open and Melt to start the magic, the band moves into a beautiful rendition of Have Mercy. At the 2:54 mark, a very pleasing jam emerges. Fishman does a great job of using the rim of his snare here to provide depth. Trey leads the way as the driving force behind the beat, letting Mike play around in the background until he finds something he likes. At 3:54 Trey and Mike trade places, allowing the groove to turn into a classic soaring melody driven romp.

The piper deserves its own post, so for the sake of these examples, let’s move to the end of the jam. At the 8:51 mark of Piper, Mike starts hinting at a minor dissonance with an arpeggio. Fishman picks up on it and moves into the beginning of the end of Split Open and Melt. At the 9:20 mark of Piper, Mike throws down some off-key bombs that clearly signify the beginning of something special. Page is layering some very thick psychedelia on top of it and Trey is mimicking Mike’s one-off movements. As the track listing moves into Split Open and Melt, Trey throws down a “here I am” lick at the 0:08 mark that invokes a feeling of pure glory. Mike emerges with the original baseline as they nail the first three-hit transition back into the ending of SOAM at the 0:17 mark. Trey then channels his early-nineties self and shreds the rest of the tune apart. Simply stunning.

In closing, I disagree with most analysis that floats around, painting Phish’s musical evolution as one large movement, hoping they can be better than they once were. Instead, I like to dissect Phish’s music on technical and creative levels, with specific examples. When I’m comparing recent Phish shows to past shows, I am specifically comparing the levels of creativity showcased within the band, the way they listen to each other as musicians, the talent exhibited during an improvisational jam, and the overall energy they are putting out there.

At this point, I truly believe Phish is capable of being better than they have ever been. We are witnessing something magical here. For the first time in years, I’m noticing the band seriously try to impress its fans. The nostalgia act is officially over. You may have to see every single show on any one tour to catch a moment like I’ve explained above, but hopefully that won’t be the case in 2015. If Phish keeps moving in the direction they have been, I fully expect the old-school, non-stop creativity that dropped my jaw at every other show, to emerge once again.

This is a beautiful time. Phish sounds great again. Life is good.

For over half of my life, Phish has held a very special place in my heart. The band, its music and the surrounding culture have helped shape my beliefs and turn me into the person I am today. For this, I am eternally grateful. For the monumental shows that Phish has played, and the ones I’ve been lucky enough to experience, these are memories I will cherish forever. For those that haven’t experienced Phish first-hand, I don’t expect you to understand the thoughts I’m about to express with specificity to Phish. However, as a fan of talented musicians, try to empathize.

I’m currently on a flight back to Portland, Oregon after making the trek to Alpharetta, Georgia to see Phish play a pair of sold-out shows in a gorgeous, accommodating venue. The shows were a lot of fun, the crowd was full of energy, and even though the second night’s show was paused due to severe thunderstorms and a flooded pit section, the entire experience was absolutely monumental.

These days, the overall experience is all that seems to matter to most people, including the band members. The entire musical landscape that Phish originally helped shape — complex musical compositions, lengthy and emotional improvisation, thrashing musical mind-fucks, totally unpredictable shows night after night — has all but disappeared. Nowadays, people don’t walk out of shows talking about how Trey turned their brain into mush with a flurry of incomprehensible guitar licks. The days of being able to critique the music on a scale of complexity and improvisational craftsmanship are long gone. Instead, the entire show is grouped together as one experience. Either it was good, or it wasn’t. This isn’t the Phish that I remember, and quite frankly it’s a Phish that scares me for the future.

There was a time when it simply didn’t matter where (geographically) Phish was playing. Often times, the most epic and memorable shows took place in the most rundown of venues, in the most unfriendly of neighborhoods. With downright disgusting lot-scenes and relentless harassment from local authorities, we traveled to these places to see Phish play because the music was simply unrivaled and unabashed. These days, I can’t whole-heartedly say the same thing. Aside from the obvious reasons (you live nearby, you’ve never seen the band live, you were invited to a show for free), I couldn’t recommend going to see Phish at some of their favorite and historically successful venues anymore.

It saddens me to write these words, but they’ve been festering in my mind for far too long now.

The band refuses to take musical risks on a regular basis. They are settling for insultingly predictable setlists night after night. Fans that hop on tour for strings of 4 or 5 shows are being treated with multiple repeats. When Phish finally jams and enters some improvisational territory, people are surprised, and after the show you hear things like, “wow, I’m so happy they jammed tonight.” How is this the band we fell in love with so many years back?

It’s no doubt that Trey’s sobriety is massively stifling his creativity. He is clearly thinking about the notes he’s going to play, and is less-and-less becoming a “vessel for improvisational music,” like he used to describe himself. This leaves the band without an experimental, psychedelic leader who’s willing to take risks and fall flat on his face, in the hopes of reaching true musical bliss. The Trey that leaves my jaw on the floor simply isn’t in the building anymore. This isn’t a bad thing. Trey has a substance abuse problem. Him being sober means he gets to be a better father, a better husband, a better son and a better friend. If the music must suffer in order for him to lead a happy and healthy life, so be it.

Some of this can be attributed to father time as well. People get older, fingers move slower. Still, Phish’s ultimate success wasn’t brought about because they could shred Donna Lee at the drop of a dime. There are plenty of Jazz musicians out there that destroy insanely complex compositions, who are much older than any of Phish’s members.

Not surprisingly, Phish has a whole new legion of fans. At any given show you’ll have folks that are clamoring for old Gamehendge material (thus detaining the band in the past), folks yelling for new material (irking the fans that want to hear old tunes), folks yelling for Mike’s “funk” synth-bass bombs (which many fans think of as a pure gimmick), and folks who simply want to see Trey make his “O” face while he stares out into the crowd. They have so many people to please and so many different fans that are consistently traveling extensive distances to see them play, they don’t want to let anyone down. So, we end up getting shows like they have been playing on this 2011 summer tour.

Five minute 2001′s, nearly no Gamehendge material, consistently repeated Fluffhead’s, Possum’s, Down with Disease’s, and very minimal risk taking, if any at all. Songs that used to be special are now seemingly played to please crowds. Yes, every once in a while a show will stand out from the norm, but, that norm has become monotony, and the standout shows are a small glimpse of what used to fundamentally define Phish.

These days, going to see Phish is about having a good time, and enjoying the experience. It’s not about going to see something different night after night. It’s not about releasing all of your expectations and allowing the band to take you on a magical journey. As reluctant as I am to say it, unless Phish does things differently in the near future, they risk turning into exactly what they wanted to avoid… A purely nostalgic act that allows some of us to feel like we’re 18 again.

I’d love to see Phish mix things up once they’re done with this summer tour. While I doubt any of this will happen, I believe it would be in the band’s best interest to do some of the following.

They need to start playing smaller venues. Look at what happened in Utica last year. This is a prime example of how a small venue can bring about a truly creative, intimate energy. These days, that energy seems much harder for them to find at places like Madison Square Garden, in Atlantic City, or Camden. These huge, themed shows are some of the funnest parties on the planet, and the entire experience is sure to be a blast, but musically, they are generally forgettable. I’d love to see Phish skip some of these huge shows that gross millions of dollars, in favor of smaller shows, where there’s a chance that musical enlightenment will happen.

Phish has a chance to repeat something that most musicians will never get a chance to do even once in their lifetime. The musically-genius, creative journey that propelled them into international stardom in the mid-nineties, has a chance to be recreated here and now. But only if the band shifts gears. Otherwise, they truly risk becoming caricatures of themselves. And we know for a fact that nobody wants that. This isn’t about technical chops, or the speed of which Trey can play a certain solo. It’s not 1994 anymore, he just isn’t the same musician he was back then. I’m talking about creativity. If Phish were to take some time and focus on creativity within their music, they could potentially enter a glorious place of passion and inspiration for their (new or old) music. Either way, this is how we may ever have a chance to rival anything that happened in the nineties. Otherwise, we’re just heading down a road of even shorter songs, twenty song second sets, more judgmental Phish crowds, a wider set of people the band has to please at every show, and a musical act that seems to care more about the money than the music.

While you can still feel the phamily, these days Phish is also a large corporation. The big shows bring in the big bucks. Management makes more of a decision on when tour dates are announced, and ticket sales weigh heavily into future plans. For all we know, they may not even want to reach new musically creative territory anymore. Perhaps they’re simply content grossing millions and millions of dollars playing the same songs year after year.

Whatever happens, I’ll always be grateful for what Phish has given me. If there’s ever been a band that can transcend musical conventionality, it’s Phish… Let’s just hope they want to do it too.

Be grateful for Apple’s App Store review process.

Dog fighting is not a game.

With Leopard, those waiting to upgrade their operating system had a bit more cushion. In most cases, Tiger was still being supported, and people who were delaying the leap to Leopard could still get by, albeit a bit more slowly. The user interface changes Leopard employed when compared to Tiger, were a bit more drastic in comparison to Apple’s most recent OS release.

Snow Leopard, builds directly upon OS X’s progressive interface changes that Apple made with Leopard. So upgrading from Leopard to Snow Leopard shouldn’t confuse even the most novice mac user. The single, snazziest new “feature” is that Exposé found some intelligence. Instead of opening all of your windows in a single row, Exposé now understands a few more levels of what windows belong to what application. Additionally, some tools in simple navigation and control of your open windows have been added. All in all, it’s arguably the flashiest new addition to Apple’s entire OS release, but not even close to the most important.

Rather than focus on new features, and snazzy new UI additions, Apple focused on the core architecture of the entire operating system. They spent their time refining and rewriting millions of lines of code, and shrinking the entire footprint down while saving users up to 14GB of hard disk space (Walt Mossberg). While a hard concept to grasp, users are installing Snow Leopard (myself included) and free-ing up space on their hard drives. Personally, I freed up around 6GB of space on a 13″ unibody Macbook Pro.

Upgrading

The upgrade process from Leopard to Snow Leopard is the most painless Apple OS installation process I can ever recall. I can only fully endorse two methods of installing/upgrading to Snow Leopard. Both methods consist of a Firewire connected external hard drive, and creating bootable clones.

Steps:
1. Buy or prepare an external hard drive.
2. Connect the drive to your computer via Firewire 400/800
3. Download Carbon Copy Cloner, it’s free, but you should really donate.
4. Backup your computer’s entire hard drive onto the external hard drive.
5. Restart your computer while holding the option key, your mac will ask you if you want to boot from your regular hard drive, or from your bootable clone (external hard drive) – select the external hard drive, and make sure everything looks good.
6. Insert your Snow Leopard disc and shut down your computer.
7. Once your computer is shut-down, eject your external hard drive, and turn your computer on.
8. Run the Snow Leopard installer

Notes: When you run the Snow Leopard installer, you can select to Customize your installation. This gives you the option to “Erase and Install” your hard drive. If you’re upgrading from any other Operating System besides Leopard, you should choose this option after first making sure your machine is compatible with Snow Leopard.

If you’re upgrading from Leopard to Snow Leopard, I believe that Apple has made this installation process so painlessly easy, that a simple install directly over your current version of Leopard is absolutely perfect.

If you’re on the fence with upgrading to Snow Leopard, I would encourage you to take the plunge. It’s well worth the noticeable speed and stability increases. If you’re still running Tiger, or something pre-Tiger, shame on you… It’s time to upgrade, and Steve would be furious if he knew. Apple has poured countless hours of development resources and buckets of innovation into Leopard and Snow Leopard, and you ignore it all?!?!?!

Upgrade… NOW.

In theory this sounds like a great concept. However, sites primarily driven by user generated content can quickly turn into a sticky mess of bullshit. When these same sites are centered around an ever-revolving popularity contest that has absolutely no meaningful or stimulating interaction at all, they implode…
Welcome to Digg.

In the past, I have personally been very active in the Digg community. Sites that I’ve been a part of have made the Digg homepage countless times. A few times, I submitted my own content, but for the most part quickly grew tired of the rat race Digg.com quickly became.

In essence, the idea of a community that controls its own news by voting it up and down is wonderful! Think about it… You join this community, you and your friends submit stories, images and videos from around the web, and then if a majority of like-minded individuals like those stories, they get voted up. But what happens when the community grows cumbersome, loses its ability to stay current and gets manipulated by those profiting from the page-views they get by blasting their content to the Digg homepage?

At the core of these problems are issues that Digg continuously fails to acknowledge. No matter how in depth their new features are, the technical infrastructure is, or how fine-tuned they say their algorithms are, the entire concept of the site has been destroyed. Digg has already imploded and is primarily used as a platform for sites to try and gain exposure, induce page-views and create buzz and hype around otherwise repetitive and aging content.

Digg has recently launched a new feature called The Diggbar. To make a long story short, it creates a more invasive way for Digg to control the content that is submitted to their site. I won’t bother getting into the extensive features that Digg has made available with the new Diggbar, but it’s now a URL shortening service, similar to TinyURL, SnipURL and bit.ly, and also takes aim at StumbleUpon with its “Random” button.

When I first watched the video below, I briefly got excited that Digg may actually be working to try and solve the crippling issues that are rotting at its core. But when I spent a little while getting to know the Diggbar, it kept sending me back to the same old manipulated, aging place that I left in the first place…

The team at Digg.com surely does a great job with putting together an intuitive, and elegant product. They have meticulous attention to detail, their design eye (although addicted to gradients) is digestible, and their back-end programming is definitely impressive. They have a nice setup and have shown that they are able to control their infrastructure and push updates and upgrades to speed up the way the application performs. This is great and all, but underneath it all, it’s still Digg.com.

No matter how many snazzy new features, or speed-increasing infrastructure stability upgrades Digg pushes… At the core of the site, at the core of the community, and at the core of the problem, is the fundamental concept that drives Digg. It’s a rat-race, the site’s algorithms are manipulated, and it’s really just not fun.

For those involved with trying to get your stories on the Digg homepage, give yourself a break for a few weeks and you most likely won’t miss the unsatisfied feelings you were left with when previously visiting Digg. For those who primarily peruse Digg looking for genuine, original content, the site may still hold some value, albeit not for long.

Below is an amazing compilation of Mixed Martial Arts upsets from the past year.
NOTE: If you don’t want to watch the whole video, scrub to the 7:50 mark and watch it from there.

I personally got mesmerized by SIA. I can’t really believe I’ve never heard this before. Kind of like a happier Fiona Apple crossed with some Sade and Amy Winehouse’s soul. It’s really amazing stuff.

So, thank you SoulPancake and thank you to coffeeyesplease for turning me onto this.

The grounds were muddy, the band was sad, people were broke, and it rained so much in the days before the festival, that what seemed like Army forces had to be brought in to help the masses get through those 3 days.

But now, five long years after leaving us in a cold, wet and dirty swamp in North Coventry Vermont, when the economy is in the dumps and our unemployment numbers have skyrocketed past 4.2 million people without jobs, Phish decides it’d be a good time to hit the road again. And best of all, to kick things off at Hampton Coliseum on Friday, March 6th 2009 – they opened with a juggernaut… Fluffhead.

Phish at Hampton Coliseum: Friday March 6th 2009

If you aren’t aware of the significance this song holds on the Phish community, here’s a little description: The song is 12+ minute composition that was not played once after Phish returned from Hiatus in 2002. It’s a Trey (lead guitarist) written classic that spans Phish’s entire generational gap in fans. They pretty much never play this song, and when they do, it’s a big deal.

Traffic heading into Coventry 2004, nothing new.. But still awful

Perhaps my good friend VJ said it best… “By opening with Fluffhead, Phish doesn’t need to address any awkward reunion small talk. They know they left us in a dirty, muddy swamp five years ago, and this is how they’re going to make it up to us.” No small talk, no bullshit… Just the best music they can play.

But why song one, opening night… after five years! What an oddly placed decision. Perhaps they’re opening the doors for a tour with no expectations from their fans. By playing Fluffhead right away, they get it out of the way. What was rumored to be “too complex of a composition” for Trey to play anymore, is now “just another song.” And this, for the sake of the music… is as good as we can hope it gets.

For more photos of Phish’s ongoing tour, check out the band’s flickr stream, and for updated set-lists, you can click here.

These hornets live right outside Tokyo, can fly upwards of 50 miles a day, and presumably kill around 40 people each year.

Image Credit to Muenster

While stopping by Digg.com today, I also read this hilarious comment… “Instead of stinging you, it just scares you to death.” I then proceeded to continue doing research on these gigantic hornets periodically throughout the day.

The video below, courtesy of National Geographic gives a first look into how these creatures live and behave, which is “aggressive” to say the least. Here the giant hornets band together to slaughter an entire European honeybee hive within minutes. Not purely for the sake of terror, some evolution babble has to go into the frenzy. The hornets need the honeybee larvae which they feed to their own offspring for weeks.

Cracked.com listed the hornet as one of the “5 Most Horrifying Bugs in the World.”

The video below is called The Crisis of Credit: Visualized. It attempts to depict the economic meltdown through a nicely done animation. Until the government figures out how to effectively communicate to the masses, maybe they should turn to creative mediums.

“The goal of giving form to a complex situation like the credit crisis is to quickly supply the essence of the situation to those unfamiliar and uninitiated.” Crisis of Credit is a nice project by Jonathan Jarvis. Thanx to my buddy Casey for pointing me to this.

Now, when people find out that I don’t have a facebook account, they often times react with “wow” and “huh?” Sometimes I’ll get a chuckle and a “well, that’s just weird,” but for the most part I let it slide without feeling the need to explain my thoughts.

Aside from Facebook.com being a corporation that when squinting at looks like a small Microsoft replica, the entire thought that under no circumstance do I own my own content makes me cringe. I am not sure most people understand, but EVERY SINGLE PIECE OF CONTENT that you put on Facebook… They own. Every photo, every tag, every image, every word, every comment, every link, every click, every shared anything, every poke, every single thing. But you can just delete your account right? NO! Even when you delete your account… YES! EVEN WHEN YOU DELETE YOUR ACCOUNT !!! They own your content forever. This is makes me far too uncomfortable.

These are personal photos, letters, discussions, comments, that Facebook owns. These are people and system administrators working on the application itself that can, and most likely do browse your information unsolicited. Humans by nature will do things they are not supposed to do. If you put a big fat “don’t click” this in front of someone, they most likely will. And out of those 150+ people working at Facebook, you can be sure at least a few of them have illegally browsed some photos, comments and discussions. The only thing is, in a way… It’s not illegal. As the Consumerist intelligently points out, Facebook’s new Terms of Service agreement ever so slightly states that “even when you delete your account, they still own your content… forever.”

Here is the new Terms of Service agreement: As you can see it looks fine, but there are two important sentences missing from the end of this agreement.

You hereby grant Facebook an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to (a) use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute (through multiple tiers), any User Content you (i) Post on or in connection with the Facebook Service or the promotion thereof subject only to your privacy settings or (ii) enable a user to Post, including by offering a Share Link on your website and (b) to use your name, likeness and image for any purpose, including commercial or advertising, each of (a) and (b) on or in connection with the Facebook Service or the promotion thereof.

And here are the two lines from the end of that paragraph, which happen to be missing now: As expected, they directly explain that you could at one time remove your content… Now, you cannot… Ever.

You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content.

And, just for good measure, the agreement explicitly states what remains their property… forever.

The following sections will survive any termination of your use of the Facebook Service: Prohibited Conduct, User Content, Your Privacy Practices, Gift Credits, Ownership; Proprietary Rights, Licenses, Submissions, User Disputes; Complaints, Indemnity, General Disclaimers, Limitation on Liability, Termination and Changes to the Facebook Service, Arbitration, Governing Law; Venue and Jurisdiction and Other.

I have accounts with Twitter, Vimeo, and of course Gmail. I have my contacts inside Adium, and I use my personal blog to express myself online. I will never join Facebook, and the slight moments of insanity when I consider it, the sheer thought of Facebook being able to peer into my life without any control over my digital content makes me realize that eventually this will backfire. Whether it be in a corporate shake-down where Facebook implodes while distributing your content to advertisers for direct targeting, or whether it be because Facebook employees were illegally learning about future employers, employees and competition to get a leg up. How it happens is yet to be determined, but at some point, Facebook’s intentions as a whole will emerge. And they’re not about “connecting to your friends.”

Hat-tip to Valleywag’s Owen Thomas for nailing this situation. HIs facts are clear and there’s no fluff. In a nutshell, ConnectU’s founders come from a large pile of money, have the funds to keep this case going, and out of the $65 Million they’ve one, have about $2.7 million left. Ouch.

Valleywag: Lawyers for ConnectU are bragging about winning a $65 million settlement for their clients from Facebook. But what did Divya Narendra and Cameron and Tyler Winklevoss really get from Mark Zuckerberg? Almost nothing.

The Winklevosses and Narendra, Harvard classmates of Zuckerberg, sued him after he launched Facebook, claiming he had done work for their project and then stolen code from it to start Facebook. They reached a settlement last summer in which Facebook agreed to acquire ConnectU for cash and stock — $20 million in cash and 1.25 million shares of Facebook. But then they fired their former lawyers, Quinn Emanuel, amid a contest over legal fees, the value of the settelement, and new evidence they said they’d discovered.

Based on the price Microsoft paid for its 1.6 percent stake in Facebook in the fall of 2007, the stock component of that settlement was worth $45 million. Quinn Emanuel is seeking $13 million in a contingency fee — 20 percent of the total take, which is $65 million as far as ConnectU’s former lawyers are concerned.

But the appraised value of the stock last summer was far less — $11 million, based on a valuation Facebook sought for its own stock-option plan. That’s $34 million of $65 million gone.

Even on that lower value for the stock, plus the cash, ConnectU’s founders owed taxes. (We hear the deal was structured as a taxable acquisition.) Assuming a capital gains rate of 15 percent and a negligible cost basis for the startup, 15 percent of $31 million. That rounds up to $4.7 million.

Their lawyers want $13 million, leaving them with $2.7 million from the cash component — which they have likely already spent in legal fees.

What about those 1.25 million shares of Facebook? They are essentially worthless. If they could sell them, they would likely get $2.50 to $3 a share. But Facebook recently changed its bylaws to forbid private transfers of its stock without board approval. ConnectU’s founders cannot sell them, nor can they give them to their lawyers in lieu of cash, without Facebook’s okay. And it is hard to imagine a board of directors essentially controlled by Zuckerberg voting to make life easy for his college rivals. Unless Facebook sells or goes public — both unlikely prospects in the short term — ConnectU’s founders have no way of realizing value from their stake. So we can discount their $11 million in notional value from the ConnectU take.

What’s left: $2.7 million.

Which explains why the Winklevosses are dragging this thing out. After years of fighting in court, they have essentially nothing to show for their troubles. They come from a wealthy family. Their father, Howard, has a fortune from his company, Winklevoss Technologies, which makes software for analyzing pension plans. So they can afford to fight, and it’s not like they need Mark Zuckerberg’s money. But how else do the rich keep score?

In my personal opinion, the bigger Facebook gets, the more it reminds me of Microsoft. I’d rather like to see Google take Gmail social, while Facebook becomes completely obsolete.

Shortly after Gates released the mosquitoes, The Bill & Melinda Gates Foundation confirmed the incident, also noting that the insects were not carrying malaria.

The TED Conference (Technology, Entertainment and Design) is an annual technology and influence breeding ground where some of the world’s most influential people give compelling, passion filled speeches to crowds of interested and similarly passionate onlookers. There’s another much discussed questions and answers segment between Bill Gates and TED’s Chris Anderson, which followed Bill Gates speech above. Here’s a link to the video.

Gates has been fighting the front against Malaria deaths through the Bill & Melinda Gates Foundation. In September of 2008, the foundation announced that it would provide nearly $170 million to the PATH Malaria Vaccine Initiative. This of course, all with the intentions of finding a cure for the lethal disease.

QUICK NOTE: “Malaria is an infectious disease caused by parasites in the red blood cells. Each year, 350 million to 500 million are infected, according to the Centers for Disease Control and Prevention, and more than one million cases result in death. Symptoms include high fever, nausea, chills, sweating and weakness.”

While most people are clamoring about the fact that an Apple is used in the Microsoft commercial, I can’t help but think that this was done on purpose. Microsoft is well aware that Apple’s cult-like following also has a plethora of seemingly influential websites that write about the company on a daily basis. How else would these Microsoft commercials find their way into Apple devoted websites?

Step one, blatantly use an Apple branded notebook in the advertisement, only cover up the Apple logo with stickers. This way it’s apparent that the machine is an Apple, yet non-computer geeks won’t be able to tell the difference right away, if at all. Step two, make the commercial so absolutely horrendous that people actually ask themselves if the product is real. Then when they do some further research, they of course find out it costs $29.99 and can actually download it here.

Reviews of the product are actually pretty well received. Some say that the software works “better than initially expected” and others say they’re excited to see such “idiot proof” offerings from Microsoft. I for one can’t wait to get my hands on this wicked piece of magic software.