Facebook Is Flagging/Banning Accounts For Posting An Admittedly Strange Children's Book Illustration

from the no-leg-to-stand-on dept

I'll admit that very few things in this existence we all share give me as much pleasure at poking at the prudish censorship employed by Facebook. The overly broad puritanical guidelines, theoretically designed to save our sensitive eyes from anything as horrible as a breast or a penis, often instead results in the censorship of parody, renowned artwork, and bronze statues. That sincere but misguided attempt to keep things PG on its site is inherently funny, but nearly as inherently funny as is the fact that the following image was (rather innocently) included in one of a collection of children's books in France, entitled Images of Ponies and Horses.

Right about now you're thinking that you just witnessed a French how-to manual on having a horse be all that it can be inside of you. But it isn't! Honest! What this actually is is an attempt by the illustrator to show how similar the bone structure of human beings and horses are by aligning their respective physiology in this way. A rep from the publisher told BuzzFeed:

"Obviously, we never wanted to shock our readers with that drawing," a Fleurus spokesperson told BuzzFeed. "We publish educational books and make realistic or explanatory illustrations. In that case, our goal was to make the child visually comprehend that the bone structure of the horse and the human being are similar," they said. "Putting them in the same position makes the likening more understandable and concrete."

So, we have an unfortunately designed illustration that was supposed to be educational now going viral entirely because of the context our own dirty minds adds to the image. BuzzFeed wrote a post on the image, only to find that -- you guessed it -- Facebook had begun flagging the article as it was being shared on the site.

Well, things got even weirder with this horse thing. Facebook seems to be flagging this article — the one you're reading right now — as pornography. And then, after Facebook removes this article from your feed, it makes you go through your photos and verify that none of them are pornographic. In fact, Facebook's moderators seem to find this horse picture so inappropriate, a member of BuzzFeed's social media team received a 24-hour ban from posting on BuzzFeed's Facebook page.

And this is why Facebook should get out of the morality business to every last degree possible. An article about a hilarious, but innocent, educational illustration is being flagged, users are being hassled about their other photos on the site, and some folks are even getting banned. Because? Well, because it appears that Facebook moderators have the same perverse baseline psyche as the rest of us, resulting in an image of a man and a horse being compared physiologically becoming suspected horse-man-porn. And the article pointing out what it actually is is the one that got flagged. That's as much of a failure of this sort of thing as we could hope for.

Filed Under: bones, errors, flagging, horse, social media
Companies: facebook

Publicity Rights For A Photobombing Horse? Owner Demands Cut Of Photo Prize

from the ownership-society dept

We've written many, many words on the ridiculousness of publicity rights, and how they're frequently abused to stifle perfectly reasonable activities. But this latest example really takes it up a notch. The owner of a horse in the UK is apparently demanding some of the prize a man won in a "selfie" contest, because the horse made a key "photobombing" appearance in the background, that likely contributed to the victory: That photo was taken by the 3 year old kid in the picture, Jacob Bellis, and that's his father, David, holding him. Nice photo! The horse in the background is named Betty, and is owned by Nicola Mitchell, who sounds like a person who perhaps needs to calm down a bit. From The Guardian:

Mitchell said: “I was really annoyed to hear he had won a £2,000 holiday and had used a picture of our horse without our permission. He should have asked for our consent. There should be some token gesture as it is our horse that has really won them the holiday,” she said.

Mitchell added: “I didn’t even know that this competition was on. If I had known about it we would have entered and could have won as Betty is always sticking out her tongue.”

There's plenty to comment on here. First, as you can see, the reward was a holiday trip, and not cash, though apparently there was some confusion over that. So it's not like it's easy to "split." Apparently Mitchell first demanded "half" of the prize. Second, (and importantly) you don't need permission to photograph someone's horse, especially when done from a public path. So the whole "without our permission" thing is complete nonsense. A token gesture might be a nice thing to do, but it's not clear the best way to seek a "token gesture" is to angrily demand half of the prize. Perhaps a friendlier "Hey, that's my horse, and that's awesome!" would have been a better approach that would have made everyone happy, leading the Bellises to think about maybe giving something nice in return. Like, a treat for the horse or something.

Finally, the whole "If I had known about it we would have entered and could have won" bullshit, the response is but you didn't. So stop whining. Perhaps next time such a contest is run you'll be paying attention and you can answer. The whole response smacks of serious sour grapes.

Thankfully, the Guardian quotes a lawyer who agrees that Mitchell has no legal basis to complain. Of course, not too long ago, we thought the same thing about a monkey in a selfie, and then... PETA stepped in. So far its attempt to extend copyright law to monkeys has flopped, but perhaps its next attempt will be extending publicity rights to horses. I imagine that will fare similarly poorly.

Filed Under: horse, jealousy, photobomb, publicity rights, selfie

Walmart Not Horsing Around With Parody Domain Site

from the neigh dept

Walmart. Just saying the company's name is usually enough to evoke unbidden brain-sounds of terrifying organ music and images of pitchfork-wielding devil-imps. But, hey, it's a large business that's been around for quite a while, so I guess it's doing alright. It seems to me that somebody might want to call a meeting with the Walmart legal brain trust, because the company's campaign against a silly and simple parody website isn't achieving much of anything at all, and is in fact Streisanding the parody site into national views.

This story starts back in 2012, when ICANN saw fit to hold a firesale on domain extensions. Buying them up was all the rage for reasons unfathomable to this author. Still, that was the impetus for how we arrived at Walmart going after a site with a .horse extension.

That explains why, for the mere price of $29, you can now purchase a .horse domain name, if you want to do such a thing. "With .HORSE, there are no hurdles between equine enthusiasts on the Internet," says United Domains. "Giddy up and register .HORSE today!" It doesn't seem like too many people have been receptive to this pun-based sales pitch, but a 34-year-old named Jeph Jacques saw the opportunity for what he calls an "art project."

"I thought, 'Alright I'm gonna buy this and do something stupid with it and see what happens," he told me. And readers, he did just that.

This grand art project? Buying up the domain www.walmart.horse, slapping a picture of the front of a Walmart store with a, you guessed it, horse superimposed over the top, and declaring the whole thing a monumental artistic success. Seriously, this is the only thing at the website if you go there.

Monet it might not be, but the image is suddenly competing with the likes of famous artists for attention and views thanks to Walmart freaking the hell out about it. In its infamous wisdom, Walmart and its crackerjack legal team have demanded that the whole shebang be taken down, claiming infringement of trademark. The C&D letter Walmart helpfully sent along suggested that Jacques' website would confuse customers into thinking that Walmart, who is not in either the business of horses nor in the business of having a sense of humor, might have some affiliation to walmart.horse. Interestingly, the letter targets the domain name, rather than the image on the site itself. I'm not personally aware of any infringement claim on domain name being refuted by the actual extension used, but this would seem to be a ripe candidate for that argument, given that Walmart is not in the horse business.

But this really shouldn't even get that far, given the whole purpose of the site itself and the artistic nature of the creator.

Jacques argues that his site is "an obvious parody and therefore falls under fair use." He also told Walmart in his response that he'd be happy to put a disclaimer on his site to let visitors know he is not actually affiliated with the Waltons. And although he doesn't want to bow to the company just yet, he says he's already proved his original hypothesis: that corporations spend an absurd amount of time policing their trademarks.

Point proven, I suppose. Meanwhile, a tiny joke site has been Streisanded into the national conversation because Walmart just couldn't resist.

Filed Under: domains, horse, jeph jacques, parody, streisand effect, trademark
Companies: walmart

DailyDirt: Horse, The Other Other Red Meat

from the urls-we-dig-up dept

Just when you thought the horse meat scandal in Europe was winding down, it's once again getting media attention as more cases continue to pop up. But is horse meat really that bad? According to people who have (willingly) eaten it, horse meat has been described as being lean, tender, sweet, juicy, like a mix between beef and venison, and better than a really good beef steak. Perhaps beef products in Europe should just come with a label that says: "May contain traces of horse meat." Here are a few more links about horse meat.

• Traces of horse meat were found in IKEA's signature meatballs which had been distributed to 21 European countries. Did you know that food sales make up 5% of the Swedish furniture giant's $35.6 billion revenue, and that about 150 million IKEA meatballs are consumed globally? [url]
• Nestle has had to remove two of its pasta products from store shelves in Europe after traces of horse DNA were found in them. In both cases, the amount of horse DNA found in the products was higher than the 1% threshold which the British Food Standards Agency uses as an indicator of adulteration in foods. [url]
• People were up in arms recently when chef Hugue Dufour announced that he was going to serve horse tartare at his restaurant, M. Wells Dinette, in Queens, NY. With all the public opposition, Dufour decided it was best to drop the horse tartare from the menu, because he didn't want to be famous for "scandalizing animal lovers." That's probably for the best, since horse meat (esp. that sourced from the horse racing industry) could contain all sorts of drugs, including phenylbutazone, which is a carcinogen and has been strongly linked to bone marrow and liver problems in humans. [url]
• Here are some fun facts about eating horse meat: During World War II, Americans ate lots of horse meat when beef was scarce; In 723 A.D., Pope Gregory III declared that eating horse meat was a "filthy and abominable" pagan custom; In 2011, President Obama made horse slaughter for human consumption legal again; Until 1985, the Harvard Faculty Club reportedly served horse steaks, prepared "chicken fried" with a mushroom sauce; and apparently, horse meat is a healthier option than beef, since it's high in protein and omega-3 fatty acids, low in fat and cholesterol, and has twice as much iron and Vitamin B. [url]

If you'd like to read more awesome and interesting stuff, check out this unrelated (but not entirely random!) Techdirt post.

Filed Under: contamination, food, food supply, horse, meat
Companies: ikea, nestle