Re: [Harp-L] Defining "Gussing"



What about penalties.

Eric




On Tue, Nov 10, 2009 at 3:30 PM, Bill Kumpe <bkumpe@xxxxxxx> wrote:

>
> Guys forgive me for doing this.  It's the lawyer in me.  I can't help it.
> Gotta make the prosecutor prove the elements of his charges.
>
> Playing from the floor is not "Gussing" per se.  Said playing from the
> floor
> must be uninvited, unwelcome and disruptive.  So, retiring to a hall or a
> quiet corner to play along with the band is not gussing per se only gussing
> per quod if someone else is disturbed.
>
> On the other hand it is possible to "Gus" from the stage by playing badly,
> acting badly, etc.  This is apparently a form of "constructive gussing" in
> that while the invitation to play is there the ultimate effect is that the
> "gussing" player is both unwelcome and disruptive, meeting two of three
> critical elements and negating need of the third element, lack of
> invitation.
>
> "Mass jamming" where multiple players play at once without apparent rhyme
> or
> reason is not Gussing per se but a form of low folk jamming which may
> result
> in "gus' like effects on the musically sensitive who cannot tolerate and/or
> are confused by what appears to them to be musical disorder and disharmony.
> Consequently this action, while not "gussing per se" can become "gussing
> per
> quod" if it knowingly annoys a sensitive hearer.
>
> And finally, there are some people who are so tone deaf, boorish,
> untalented, insensitive, etc. that any time they pick the instrument up
> they
> are gussing no matter what the situation, resulting in "res ipsa loquitur
> gussing," in which the thing or act literally speaks for itself and
> possession of harmonica becomes or should be for these people "strict
> liability gussing."
>
> Does that about cover it?
>
> Bill Kumpe,
> Harmonica Lawyer
> Tulsa, Oklahoma
>
> I defend Gus.  Admitted to all state and federal courts in Oklahoma.  Flat
> fee.  Payment due before services rendered.  Property considered instead of
> cash.  Bring deeds and titles to first consultation. Personal services not
> considered.
>
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