Re: [Harp-L] Defining "Gussing"

[icemanle@xxxxxxx]

 If you've "Gussed" in the past and no one complained and someone accuses you later on, the claim may be dismissed under "Res Juda Cata".

Nice to have a legal bull dog on our side....



 

 

-----Original Message-----
From: Bill Kumpe <bkumpe@xxxxxxx>
To: harp-l@xxxxxxxxxx
Sent: Tue, Nov 10, 2009 3:30 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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