Re: Re: Re: Let us not pretend Google is total innocent
One question, how much fair use does it block, or transfer revenue away from the person it should go to?
Much more than it should. I agree that is not a perfect system by any metric, but to say that Google has done *nothing* about infringement is disingenuous.
Stating there is nothing they can do to keep copyrighted material off the sight is simply not true.
Along with the points that Chris above me made I would also like to point out that Google HAS striven to reduce infringement on YouTube since they purchased it. They created the ContentID system on their own dime which allows the rights holder to either have the infringing work removed or to receive the ad revenue regardless of who posted it.
Re: Re: Re: Re: Re: Re: Re: BUT, you're still going with the wrong side:
The second factor: A work's copyright does not diminish over time, it is either enforceable or not. Either the copyright is in effect or the time has run and it is in public domain. A light is on or off so to speak. The court gives no deference how long a copyright has been used.
This prong isn't about the length of the copyright per se (which is going to end up at "forever" if I know Disney), but more along the lines of whether the work is fiction or non-fiction (not applicable here) and whether the work is published or unpublished and if it's still being produced or being monetized. Although, I'm not very sure about McSherry's assessment of this one myself.
The third factor: If enough of the song has been used that it can be recognized (thus the legal action)and runs almost the same length then "enough" of the song has been used.
I'm not so sure that the length of the song is all that important. As McSherry points out - the song went as long as needed to complete the Rube Goldberg machine. Also, there was case fairly recently where a news article was copied in toto and was still considered Fair Use by the court:
No, case closed. Glodiebox will be paying up soon...
I agree that this will probably end up with a settlement, but that doesn't mean that advertising and Fair Use are mutually exclusive in any way, shape or form.
The only way you can conclude such a thing is if this actually went to court and even then it's not absolute, Fair Use cases are determined on a case by case basis. The next court could rule the opposite way.
Re: Re: Re: BUT, you're still going with the wrong side:
So I have no say when my music being made into commercials to sell products?
Not if the use is considered Fair Use.
Fair use is a definitely parody by an artist...Weird Al not a company taking my song to make a commercial.
Weird Al is most definitely selling his parodies and he is most definitely using those songs to promote his live appearances. How is that different from promoting a toy line with a parody?
The fact that he obtains permission shows there's good reason to think that he does.
Not really. It only shows that Weird Al prefers to get permission first as opposed to wasting time and money in court when some rights holder objects.
By the way, the rights holders are supposed consider the possibility of the work being Fair Use prior to issuing a C&D or DMCA notice. (Well, at least up until this case, that is)
IANAL, but I will say that I believe that when a work is determined by the court to be a parody or negative review that the importance of the "market harm" prong is automatically diminished. Parodies and negative reviews are specifically designed to harm the market of the original and both of those are considered protected speech by the First Amendment.
Guns, Knifes, Tasers, anything that could be used as a known weapon, should be banned, from both the students, facility staff, teachers AND anyone who is on the premises of any public educational facility.
Once again just being curious here, how do you go about enforcing such a policy without having someone who is armed to enforce those rules?
Also, not sure how you would define "anything that could be used as a known weapon". Would pencils be considered something "that could be used as a known weapon" in the light of this story:
Age is generally irrelevant, but I also share similar concerns like Kenichi.
I agree that age is generally irrelevant. And I don't necessarily agree or disagree with his stance on this particular issue. My observation is based his cumulative comments - he doesn't seem to carry his ideas and thoughts out to their logical conclusions and I was wondering if that was due to a lack of real world life experiences, that's all.
I have a question for you kenichi. How old are you?
I'm not asking to be an asshole or anything, I'm genuinely curious. The reason I ask is because quite a few of your comments come off as being from a cocky 17 year old who hasn't seen very much of the world beyond his high school walls.
On the post: Mississippi Attorney General Jim Hood Thinks Google Is To Blame For Infringement On The Web
Re: Re: Re: Let us not pretend Google is total innocent
Much more than it should. I agree that is not a perfect system by any metric, but to say that Google has done *nothing* about infringement is disingenuous.
On the post: Mississippi Attorney General Jim Hood Thinks Google Is To Blame For Infringement On The Web
Re: Let us not pretend Google is total innocent
Along with the points that Chris above me made I would also like to point out that Google HAS striven to reduce infringement on YouTube since they purchased it. They created the ContentID system on their own dime which allows the rights holder to either have the infringing work removed or to receive the ad revenue regardless of who posted it.
On the post: Beastie Boys Not Letting Goldieblox Off; Launch Massive Countersuit
Re: Re: Re: Re: Re: Re: Re: BUT, you're still going with the wrong side:
This prong isn't about the length of the copyright per se (which is going to end up at "forever" if I know Disney), but more along the lines of whether the work is fiction or non-fiction (not applicable here) and whether the work is published or unpublished and if it's still being produced or being monetized. Although, I'm not very sure about McSherry's assessment of this one myself.
The third factor: If enough of the song has been used that it can be recognized (thus the legal action)and runs almost the same length then "enough" of the song has been used.
I'm not so sure that the length of the song is all that important. As McSherry points out - the song went as long as needed to complete the Rube Goldberg machine. Also, there was case fairly recently where a news article was copied in toto and was still considered Fair Use by the court:
http://www.techdirt.com/articles/20110318/23595613558/big-big-loss-righthaven-reposting-full-a rticle-found-to-be-fair-use.shtml
On the post: Beastie Boys Not Letting Goldieblox Off; Launch Massive Countersuit
Re: Re: Re: Re: Re: BUT, you're still going with the wrong side:
But this IP lawyer at EFF doesn't necessarily agree with your assessment of this case:
https://www.eff.org/deeplinks/2013/11/beastie-boys-goldieblox-fair-use-lawsuit
On the post: Beastie Boys Not Letting Goldieblox Off; Launch Massive Countersuit
Re: Re: Re: Re: Re:
I agree that this will probably end up with a settlement, but that doesn't mean that advertising and Fair Use are mutually exclusive in any way, shape or form.
The only way you can conclude such a thing is if this actually went to court and even then it's not absolute, Fair Use cases are determined on a case by case basis. The next court could rule the opposite way.
On the post: Beastie Boys Not Letting Goldieblox Off; Launch Massive Countersuit
Re: Re: Re: BUT, you're still going with the wrong side:
Not if the use is considered Fair Use.
Fair use is a definitely parody by an artist...Weird Al not a company taking my song to make a commercial.
Weird Al is most definitely selling his parodies and he is most definitely using those songs to promote his live appearances. How is that different from promoting a toy line with a parody?
On the post: Beastie Boys Not Letting Goldieblox Off; Launch Massive Countersuit
Re:
Not really. It only shows that Weird Al prefers to get permission first as opposed to wasting time and money in court when some rights holder objects.
By the way, the rights holders are supposed consider the possibility of the work being Fair Use prior to issuing a C&D or DMCA notice. (Well, at least up until this case, that is)
On the post: Beastie Boys Not Letting Goldieblox Off; Launch Massive Countersuit
Re: Re: Re: Re: Obvious
http://boingboing.net/2011/04/20/weird-al-snubbed-by.html
On the post: Beastie Boys Not Letting Goldieblox Off; Launch Massive Countersuit
Re:
On the post: Beastie Boys Not Letting Goldieblox Off; Launch Massive Countersuit
Re:
Huh? Completely new lyrics that completely the REVERSE the entire meaning of the song and that isn't "especially transformative"? On what planet?
The context is different because it's an advertisement. Not all parodies are fair use.
It's true that not all parodies are Fair Use. Just like being an advertisement doesn't negate the Fair Use defense either.
On the post: Beastie Boys Not Letting Goldieblox Off; Launch Massive Countersuit
Re: Re: Re:
Wrong. Those are not mutually exclusive things. It CAN be both. Case not closed.
On the post: USTR Says TPP Must Be Kept Secret, Because The Public Is Too Stupid To Understand It
Re: WELL, Mike, so far you fail to understand it's CORPORATISM.
On the post: Copyright As Censorship: Lawyers Tell Show Inspired By 'The Princess Bride' To Prepare To Die
Re: Re: Re: Re: Re: "like all sorts of great culture" that Mike extols, it's derivative CRAP.
That's rich coming from you, Blue. Too funny. Carry on.
On the post: Copyright As Censorship: Lawyers Tell Show Inspired By 'The Princess Bride' To Prepare To Die
Re: Re: Re: "like all sorts of great culture" that Mike extols, it's derivative CRAP.
On the post: Copyright As Censorship: Lawyers Tell Show Inspired By 'The Princess Bride' To Prepare To Die
Re: "like all sorts of great culture" that Mike extols, it's derivative CRAP.
On the post: Documents Show LA Sheriff's Department Hired Thieves, Statutory Rapists And Bad Cops
Re: How do I "Cheat" on a bogus Polygraph Test?
Maybe by giving the least untruthful answer?
On the post: ACLU Calls For Ban On Nonlethal Weapons In Schools After Tased Student Ends Up In Coma
Re:
Once again just being curious here, how do you go about enforcing such a policy without having someone who is armed to enforce those rules?
Also, not sure how you would define "anything that could be used as a known weapon". Would pencils be considered something "that could be used as a known weapon" in the light of this story:
http://www.fox5vegas.com/story/15187014/teen-blames-devil-for-cellmate-killing
On the post: ACLU Calls For Ban On Nonlethal Weapons In Schools After Tased Student Ends Up In Coma
Re: Re: Re:
I agree that age is generally irrelevant. And I don't necessarily agree or disagree with his stance on this particular issue. My observation is based his cumulative comments - he doesn't seem to carry his ideas and thoughts out to their logical conclusions and I was wondering if that was due to a lack of real world life experiences, that's all.
On the post: ACLU Calls For Ban On Nonlethal Weapons In Schools After Tased Student Ends Up In Coma
Re: Re: Re:
Ok. Maybe that was a bit asshole-ish on my part. I'm still curious though.
On the post: ACLU Calls For Ban On Nonlethal Weapons In Schools After Tased Student Ends Up In Coma
Re:
I'm not asking to be an asshole or anything, I'm genuinely curious. The reason I ask is because quite a few of your comments come off as being from a cocky 17 year old who hasn't seen very much of the world beyond his high school walls.
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