(1) My use of the term "hacker" is very different from the one Deborah Johnson seems to employ in her book Computer Ethics, 1994, 2nd Ed., New Jersey: Prentice Hall My use of the term does not have, by necessity, a criminal or even negative connotation – I'll define it and explain the difference more fully below.


(2) Oswald, John, Plunderphonics, CD (distributed freely, all "copies" destroyed); illegal art, deconstructing beck, CD, www.detritus.net/illegalart/beck, 1998; Polansky, et al., Frog Peak Collaborations CD (61 composers, 121 works), on a soundtext by Chris Mann, Frog Peak Music, 1998. www.frogpeak.org.


(3) Moor, James. T., "What is Computer Ethics?", MetaPhilosophy, October, 1985, 16/4:266-275; also, "Reason, Relativity and Responsibility in Computer Ethics," in Computers and Society, March, 1998, 14-21.


(4) Maner, Walter, "Unique Ethical Problems in Information Technology," in Global Information Ethics, ed. Terrell Bynum and Simon Rogerson, Special Issue of Science and Engineering Ethics, 1996, 2/2:137-154.


(5) Ibid, Maner, p. 139.


(6) Here, as elsewhere in this article, I am using, and sometimes extending, terms suggested by James Moor in his articles on computer ethics mentioned above, and also, in "Towards a Theory of Privacy in the Information Age," in Computers and Society, September, 1997, 27-32.


(7) For this I used my own spectral mutation functions implemented in SoundHack by Tom Erbe and myself. See "Spectral Mutation in Soundhack," with Tom Erbe. Computer Music Journal. 20:1, pp. 92-101, 1996.


(8) I "borrow" this phrase from the title of a 1985 work for three networked computers by composer/programmer Phil Stone, in which three machines freely traded material in live performance, transforming each other's data continually.


(9) Beethoven, Symphony No. 9, Deutsche Grammophon CD 410987-2.


(10) Bruno Walter: Johannes Brahms, Symphony No. 1, Op. 68, CBS Records Masterworks CD, MK 42020.


(11)I am indebted to musician and composer Daniel Goode for pointing this out to me in a private conversation. Goode also told me of another nice bit of piracy with regard to the Brahms: his high school song (Music and Art, in New York City’s Manhattan) was sung to the Brahms (!) theme with the somewhat questionable lyrics (excerpt):
"Now upward in wonder,
our distant glance is turning,
Where brightly through ages, the immortal light is burning.
Our task unending, [rest] defending, [rest],that realm above,
till..."

(12) Blood Brothers, by Willy Russell, 1995 London Cast Recording, CASTCD 49, First Night Records. This tune is used in many of the "songs" of the show, first appearing after two minutes of the overture, signalling its use as the kind of main theme of the show. It is also the final, "all out" song in the show ("Tell Me It’s Not True"), and a very frequent instrumental motif throughout . Suffice it to say it was present enough for a 7 year old to recognize, even sung casually in its Brahms/Beethoven versions, after seeing the show once! Strangely enough, since an early draft of this article was written, Anna and I noticed the exact same tune as a prominent theme in the soundtrack to the Disney animated film, The Black Cauldron.


(13) See my article "Possible and Impossible Melody: Some Formal Aspects of Contour," co-authored with Richard Bassein, in Journal of Music Theory, 1992, 36(2): 259—284.


(14) For example Didkovsky’s Lottery Piece, Zorn’s Cobra, and many of Wolff’s pieces, such as his Exercises. For some examples of this type of work, see the CD entitled "Cocks Crow, Dogs Bark: New Compositional Intentions," which accompanies the Leonardo Music Journal, #7, 1997, curated by the author.


(15) There are several computer music environments, like Miller Puckette and David Zicarelli’s MAX, or HMSL (written by myself, Phil Burk, and David Rosenboom) that have raised these issues in the last ten years.


(16) See Computer Ethics. Chapter 6.


(17) Computer Ethics, p. 13.


(18) Moor, "Reason, Relativity...", p. 16.


(19) A latency is some period of time between, for example, a software request for a process and that process actually occurring. Many operating systems and applications have built-in explicit latencies for various interactions between software and hardware.


(20) A term we once used in designing a music software language we felt was too difficult for any but a few composers.

(21) Moor, "Reason, Relativity...", p. 19.


(22) See quotes used in sound examples 7-11, taken from p. 162 of Computer Ethics.

(23) Polansky, L., 1987, "The Future of Music," Leonardo, 20/4:363-365.

(24) "Do it yourself,"a common electronics and software colloquialism.

(25) For example, see Polansky, L. and Didkovsky, N. , 1994, "Live Interactive Computer Music in HMSL, 1984-1992," Computer Music Journal, 18/2:59-77.

(26) In 1988, Oswald had the only Mac "clone" I had ever seen. At the time they were completley illegal, and were made in Hong Kong.

(27) Computer scientist David Kotz presented this definition as part of his Dartmouth Humanities Institute presentation, Summer, 1998.

(28) Polansky, Larry and Diamond, Jody, 1992, "If we can make it we can print it, and if we can print it we can give it away": experimental independent music publishing in the United States. — or—Beyond Imprimatur." Invited talk at the American Music Library Association Meeting, New York City.

(29) That is, they violate copyright, but give appropriate credit to their sources..

(30) Oswald, John. 1990. "Recipes for plunderphonics." MusicWorks 47, 1990.

(31) For an excellent resource on this topic, see James, Robin, Cassette Mythos: Making Music at the Margins, 1992. One of the more interesting artists in this genre was the early "crank-call" cassette artist John Van Zelm Trubee, whose classic recording, "Blind Man’s Penis" is an important precedent to some of the work discussed in this section. This piece consisted of an intentionally deranged, obscene, and completely nonsensical "lyric" sent to a commercial company which "sought lyricists," for $75, and recorded those lyrics over a prefabricated, stereotypical country instrumental track. Trubee issued this as a 45 rpm limited edition release, and it became a cult classic in the 1970s. It has been reissued on LP several times by a number of labels.

(32) There are several articles in the popular and alternative media about Oswald’s troubles with Michael Jackson, Canadian music licensing organizations, and major Los Angeles record companies..

(33) Beckerman, Michael. Janácek as Theorist. Studies in Czech Music No. 3. Stuyvesant, NY: Pendragon Press. 1994.