Re: [Harp-L] Defining "Gussing"

[Mojo Red <harplicks@xxxxxxxxx>]

Hey Bill,

I very much appreciate your most erudite definition. However, it needs a little adjustment (in my non-laywerly opinion).

I believe that in your primary definition, playing from the floor is in fact gussing per se, regardless of other mitigating circumstances. So retiring to a hall or a quiet corner to play along with the band is a form of gussing, though even though it may not be disruptive or unwelcome. Perhaps the gusser might successfully apply for a stay of execution from a lenient judge even though said gusser is guilty. 

Perhaps we can initiate degrees of gussing which may incurr different penalties, depending on the level of unwelcomness and disruption. ie. Third Degree Gussing would carry a lesser penalty than First Degree Gussing. 

Please feel free to discuss this notion with your learned collegues.

Harpin' (but not gussing) in Colorado,
--Ken M.

P.S. Your treatment of gussing from the stage is fine. Many years ago my band mistakenly invited a guy up for a song and he turned into Gus (rather like Jeckyl and Hyde). He played horribly and then refused to give up the mic and then cussed the crowd... the evening nearly ended with a brawl. We turned off his channel on the PA. The bouncer eventually convinced him to step down.

TeraBlu Band on My Space
http://www.myspace.com/terablu



----- Original Message ----
From: Bill Kumpe <bkumpe@xxxxxxx>
To: harp-l@xxxxxxxxxx
Sent: Tue, November 10, 2009 1:30:53 PM
Subject: [Harp-L] Defining "Gussing"


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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