So is the current theory here that since there is no jurisdiction and therefore no possible cause of action, USG is free to turn down the FOIA request? Or do they still have to cough up the playlists anyway?

bmaz: I humbly submit that you’re being too narrowly conventional in your application of definitions.

The rest of your analysis may well moot the point, but just for the sake of the narrow issue, the purpose for which the music was used was indeed arguably commercial.

In the broadest sense, the music clearly was used for a specific purpose, employed by paid professionals who used it explicitly in the performance of the duties for which they were hired, by definition that being a commercial enterprise. It was not at all like someone playing a boombox – which is for pleasure of the listener. Fees were paid for services rendered, which was the playing of the music as a means for eliciting responses to interrogation.

Violation of copyright need not be solely in a “public” sphere; violation occurs when artists are deprived of due compensation for their work product. Any legit use of the artists’ material required a proper government contract specifying terms of use, just like any other government contract for services.

It would probably create a collective gasp.

Hear that Rollingstone. Stop the presses. Change the cover story.

(And a cream pie for freep)

so I’m not sure that listening to Angus Young could ever be considered torture

and I’m sure the CIA’s sound system sucks, so I doubt they played it as loud as necessary to get the full effect

barry manilow, now that could be considered torture …

jes sayin, is all

(duckin & runnin)

If they act, it could make a real difference. I’m probably stereotyping here, but rabid music fans are not the most politically aware demographic. Wake ‘em up, no telling what might happen.

Not sure that people who poke studs through their cheeks are a good choice to speak out against torture, though.

Boxturtle (That’s not torture. I paid $500 to have a stud installed there)

It still seems like there should be some way to keep people from associating your artistic work and reputation, against your will, with something as vile as torture.

Imagine what would happen if Metallica asked their fans to call their congresscritters and tell them what they think. Bet the critters first response would be “Rahm, is that you?”. :-)

Brittany breaking down in tears on Oprah. Even FOX would report that, especially if she was wearing a bikini at the time.

Boxturtle (When your only tool is a hammer, the whole world looks like a nail)

Boxturtle (Especially if you’re the government)