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When Chuck Berry Became a Beach Boy

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MICHAL CIZEK/AFP/Getty Images

A copyright is supposed to protect a creator’s intellectual property and ensure that the copyright holder’s work isn’t nefariously misappropriated. However, as anyone who has fond memories of Napster circa 2000 knows, they don’t always work so well. Not all copyright battles are Metallica-initiated, though.

If you think the wholesale pilfering of songs began when Vanilla Ice swiped the bass line from David Bowie and Queen’s song “Under Pressure” for “Ice, Ice Baby,” think again. Far more revered artists have given in to the temptation to lift more than a chord or two. Take, for instance, The Beach Boys’s classic anthem “Surfin’ USA.”

The 1963 hit single listed Beach Boy Brian Wilson as the sole composer of the track, but the melody was a complete replication of Chuck Berry’s “Sweet Little Sixteen.”

For his part, Wilson denied any intentional wrongdoing. "I just took 'Sweet Little Sixteen' and rewrote it into something of our own," Wilson told the Los Angeles Times of the incident in 2015.

When Berry accused Wilson of bogarting his melody, The Beach Boys’ manager, Wilson’s father Murray, gave Berry the copyright to the tune in order to avoid a lawsuit. He didn’t tell the members of the band, however, who supposedly only learned that they weren’t getting royalties from this song—and that Berry now received credit for writing it—about 25 years later.

Berry, for his part, reportedly enjoyed “Surfin’ USA.” And Wilson, according to the Los Angeles Times, never held a grudge. “He still regularly includes Berry songs in his live shows,” wrote Randy Lewis, “and has even slipped ‘Sweet Little Sixteen’ lyrics into his live rendition of ‘Surfin' U.S.A.’”

Berry passed away yesterday, March 18, 2017, at the age of 90.

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The Facts Behind That $5 Billion in 'Forgiven' Student Loan Debt
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The New York Times created a considerable stir on July 17 by detailing a widespread student loan repayment crisis. According to the paper, one of the largest holders of private loans, National Collegiate Student Loan Trusts, has been struggling to provide documentation that proves it owns the $5 billion in delinquent accounts that it’s been attempting to collect. Without that paperwork, dozens of lawsuits brought against defaulting borrowers are being dismissed.

A lack of a paper trail is never a good thing for the plaintiff in attempting to collect a debt. But it’s not exactly great news for the borrower, either. 

Here’s why: First, it’s helpful to understand how a typical chain of custody works for private student loans. (Federal loans, which typically have more forgiving terms, are a separate issue entirely.) Banks and other lenders offer loans to applicants, then turn around and sell bundles of those loans to a depositor. That depositor will offer the loans to an umbrella organization like National Collegiate, which is comprised of 15 private trusts holding the paper on more than 800,000 loans.

This lengthy chain of custody is where the problems begin. Because loans pass through several hands, it’s not always clear who has retained the documentation needed by courts to prove that National Collegiate is the owner of the debt they’re attempting to collect from a borrower in default. As a result, judges tasked with these cases often have no choice but to dismiss them.

That’s led to a series of headlines about $5 billion in “forgiven” debt, which may sound comforting to someone burdened with a towering student loan at exorbitant interest rates. However, as several attorneys speaking to the media have pointed out, it’s not that simple. The cases that have been dismissed were in court because the borrower was already in default. In situations where National Collegiate can prove ownership of the debt, those debtors are facing wage garnishment and a negative impact on their credit score. Simply defaulting on a loan and hoping you happen to be one of the people whose paperwork is incomplete is a dangerous form of wishful thinking.

In the event you had no choice but to default and might benefit from National Collegiate's poor record-keeping, you may not walk away unscathed. According to debt relief attorney Daniel Gamez, a student borrower who sees his or her case dismissed is not facing a clean slate. National Collegiate is fighting so many defaulted loans that they may choose to drop cases based on logistical issues like witness scheduling. Still, even if the lawsuit is dropped, National Collegiate may have the option to refile it at a later date—this time armed with the documentation and resources they need. And any debt, even if it’s been declared unenforceable, may still affect your credit score.

Ultimately, whether or not National Collegiate can produce paperwork doesn’t change the fact that a borrower has a student loan that they’ve agreed to repay. As a creditor, National Collegiate is likely to take every legal measure available in order to collect on that debt. While those amounts may be “forgiven” in court, they’re not likely to be forgotten.

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Exhumation Confirms Gravesite of World's Fair Killer H.H. Holmes
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It’s a sordid true crime tale that has few peers. By 1893, the year of the Chicago World’s Fair, a man named H.H. Holmes had converted a sprawling property into an amusement house of murder, filled with secret passages, gas chambers, ovens, and the bodies of young women who made the mistake of booking a room.

Holmes eventually confessed to over two dozen murders and was sentenced to death by hanging in 1896. His body was tossed into a plot at Holy Cross Cemetery near Philadelphia. But ever since then, there has been speculation that Holmes somehow cheated death and may not have been buried there at all. Those rumors can now officially be laid to rest as researchers have confirmed that the remains buried at Holmes's gravesite do in fact belong to the serial killer, according to the AP.

In May, NBC Chicago 5 reported that two of Holmes’s great-grandchildren had persuaded a Pennsylvania court to allow the inspection of their relative’s body in the hope that DNA testing would settle the issue of whether Holmes faked his own death once and for all.

According to newspaper accounts of the era, Holmes requested that his coffin be laid over cement, then topped off with more of the same. That led to a belief that Holmes had somehow eluded his appointment with the noose by offering bribes to law enforcement and had his tomb sealed to prevent any investigation into the matter. Other accounts, including one from the Chicago Tribune on May 8, 1896, appeared certain it was Holmes (real name: Herman Webster Mudgett) who was hung by his neck.

The definitive answer came with assistance from the University of Pennsylvania's Anthropology Department, which agreed to assist Holmes's descendants. The results of that testing were confirmed earlier this week on the series finale of American Ripper, a History Channel series that documented the exhumation and the scientists' search for the truth.

University of Pennsylvania anthropologist Samantha Cox, who was part of the team, said it was a difficult job. Even though his body had decomposed, because of Holmes's very specific burial requests, his clothes were almost perfectly intact, as was his ever-present mustache.

“It stank,” Cox said. “Once it gets to that point we can’t do anything with it. We can’t test it, can’t get any DNA out of it.” Instead, Cox and her colleagues had to use Holmes's teeth to identify him.

[h/t AP]

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