A quote from the article: Perry also noted that �the entire tattoo in its original form was used (not in any parody form), the tattoo was not necessary to the basic plot of the movie, and that Warner Brothers used the tattoo substantially in its marketing of the movie.�
And once again, "Themes" means nothing to the Techdirt regulars who I'm railing against. As I said above, just because I'm borrowing from another culture doesn't mean I lose the copyright on the specific thing I create. If it turns out that he appropriated the entire tat, that's a different subject.
On a separate note, the artist's damages are laughable. He is trying for the bogus "loss of control" derived from the moral copyrights of Europe. Dude, you would put that on anyone's face for less than $5k. Take a settlement and the fame you just recieved and shut up.
Alright, here I'm calling "Bullshit" on damn near everyone (Mr Masnick included). Copyright is supposed to be the SPECIFIC EXPRESSION. Period. "Inspired by" is bogus. Medium (in this case, ink on human skin) is immaterial.
The Warner tat is IDENTICAL to Tyson's tat. The fact that it's a Maori style means nothing. If I make a Celtic chain design, does that mean that I can't copyright that specific work? How about an Egyptian Eye of Horus? "Sorry, that design style is owned by Egypt. No copyright for you!"
Don't forget, if the artist doesn't own the copyright, he can't make it CC. It's just public domain. Of course, that would instantly make everything public domain, because everything derives from common sources.
I haven't written anything on this yet, because I tend to think both sides are stupid, unless the artist is suing as a form of advertisement. But it's completely hypocritical for any Techdirt regulars to say that a style is owned by a culture, and therefore any silmilar expression is copyrighted by that culture.
You may not like copyrights or lawsuits, but keep your arguments clean.
I think I'm going to make myself a Maori-inspired urinal cake.
There have been a number of studies in the US and abroad about job loss due to digital theft. Love to see your study on why the reverse is true.
Yes, studies funded by content industries, where content companies are asked to estimate how much they lose a year to foreign piracy. Great studies.
Here's a real question I don't know the answer to. Are foreign operators entitled to free speech protection? Inasmuch as this bill targets only foreign actors are they entitled to any Constitutional protection?
Hey, you got one piece right. Domain siezure only applies to non-domestic sites. How about search engines? How about links from domestic blogs?
One last thought: if the US can censor the internet, why can't France or GB? We've seen that France and Great Britan both issue super-injuctions, what would stop them from deciding that reporting on a certain French offical is illegal? Or some British football player? Logically, they should be able to take out the entirety of our news system. After all, it's against the law in their countries...
Of course they'll pay the artists! Maybe even a lion's share of the payout. Little artists first.
Of course, the little artists still haven't recouped the advance that the labels gave them, so the money will just go to that debt. How much do they owe? The labels aren't sure, but it's certainly more than the settlement share...
I'm having a hard time telling criminals from the government. Which one steals you blind, lies to the court, rummages through your belongings and takes whatever they want?
The Chinese are pirates! Let's not do business with them.
Oh, wait! The labor is cheap! Let's send all our manufacturing to them.
Wait again! They take our plans and molds and create knock-off products! Let's not do business with them.
Hold on! My yearly bonus is based on profit, and higher wages eat into profits! It takes them a while to get the knock-offs manufactured and imported, so I'm sending our manufacturing to them. I'll just pay my congress critter to whine at them.
Seriously, the Chinese should tell the US to go pound sand. US companies are not going to stop sending their manufacturing jobs to China as long as the cost is the lowest. If CEO's were principled, they would looking at enriching their own countrymen, especially in our current state of crisis. (Yeah, I'm looking at you, Steve Jobs!)
Sony, repeat after me:
We are being attacked by some amazingly skilled hackers. We can't touch them. I hope that we can figure out who they are, just so we can give them jobs securing our network. We were a very technologically advanced company in the 80's, but now we are just a bunch of inept empty suits.
Maybe now enough people will actually understand the absurdity of software patents and call on Congress to ban them. (Which, as I recall, is what the Supreme Court is waiting for.)
Wait, Microsoft and Apple patent everything, and can pay Congress to look the other way. Nevermind...
Having dealt with many individual officers in several police departments (thanks to an adopted juvenile deliquent), I am of the opinion that the departments that wish to make recording illegal are in the minority.
I seriously believe that those who don't want to be recorded are bad apples and know it. Law enforcement attracts those who want law and order, but it also attracts bullies. Thankfully, most bullies don't last long, or so I've been told.
You are correct. The only thing that protects you from patents is obscurity. Almost all the checks and balances of the USPTO have been nullified. The reviewers are unskilled in the field of programming, but they should be able to rely on the submitter who claims that the patent is not obvious or trivial. There is no consequence for lying, however. Also, prior art defenses have proved weak if not useless in recent years. Add to this poorly written patents which over-generalize, and you have the modern-day disaster.
Basically, the patent system never really was all that great, but it's been perverted to massively favor litigious patent-holders over community-minded innovators.
Seeing as how we have the largest number of inmates per capita of any industrialized nation: http://www.nationmaster.com/graph/cri_pri_per_cap-crime-prisoners-per-capita
It's got to be a great idea to make a common thing like linking illegal! Just make sure that everythings a felony, because felon's can't vote...
What I'm wondering is why use NSLs in this situation, when it shouldn't be difficult at all to get a full warrant from a court? It seems that they would have plenty of info to get a warrant. So why use NSLs?
On the post: Al Franken Grandstands Over Meaningless Privacy Policies
Just leave him alone!
On the post: Maori Angry About Mike Tyson's Tattoo Artist Claiming To Own Maori-Inspired Design
Re: Re: Re: WTF???
On the post: Maori Angry About Mike Tyson's Tattoo Artist Claiming To Own Maori-Inspired Design
Re: Re: WTF???
A quote from the article:
Perry also noted that �the entire tattoo in its original form was used (not in any parody form), the tattoo was not necessary to the basic plot of the movie, and that Warner Brothers used the tattoo substantially in its marketing of the movie.�
And once again, "Themes" means nothing to the Techdirt regulars who I'm railing against. As I said above, just because I'm borrowing from another culture doesn't mean I lose the copyright on the specific thing I create. If it turns out that he appropriated the entire tat, that's a different subject.
On a separate note, the artist's damages are laughable. He is trying for the bogus "loss of control" derived from the moral copyrights of Europe. Dude, you would put that on anyone's face for less than $5k. Take a settlement and the fame you just recieved and shut up.
On the post: Maori Angry About Mike Tyson's Tattoo Artist Claiming To Own Maori-Inspired Design
WTF???
The Warner tat is IDENTICAL to Tyson's tat. The fact that it's a Maori style means nothing. If I make a Celtic chain design, does that mean that I can't copyright that specific work? How about an Egyptian Eye of Horus? "Sorry, that design style is owned by Egypt. No copyright for you!"
Don't forget, if the artist doesn't own the copyright, he can't make it CC. It's just public domain. Of course, that would instantly make everything public domain, because everything derives from common sources.
I haven't written anything on this yet, because I tend to think both sides are stupid, unless the artist is suing as a form of advertisement. But it's completely hypocritical for any Techdirt regulars to say that a style is owned by a culture, and therefore any silmilar expression is copyrighted by that culture.
You may not like copyrights or lawsuits, but keep your arguments clean.
I think I'm going to make myself a Maori-inspired urinal cake.
On the post: Sarkozy's Attempt To Woo The Digerati Foreshadows The Coming Conflict Between Technology & Regulations
Re: Re: Governments will be ignored and made irrelevant
If they're finally fighting, it's close to over.
On the post: Texas Instruments Learns Nothing, Goes After Hobbyists Again
Genius
Then, they piss off the very same people by bricking their flagship product? I can see a board meeting where the VP in charge of microcontrollers strangles the VP in charge of calculators...
On the post: Being Concerned With Free Speech Implications Of PROTECT IP Does Not Mean You Think You're Above The Law
Re:
Yes, studies funded by content industries, where content companies are asked to estimate how much they lose a year to foreign piracy. Great studies.
Here's a real question I don't know the answer to. Are foreign operators entitled to free speech protection? Inasmuch as this bill targets only foreign actors are they entitled to any Constitutional protection?
Hey, you got one piece right. Domain siezure only applies to non-domestic sites. How about search engines? How about links from domestic blogs?
One last thought: if the US can censor the internet, why can't France or GB? We've seen that France and Great Britan both issue super-injuctions, what would stop them from deciding that reporting on a certain French offical is illegal? Or some British football player? Logically, they should be able to take out the entirety of our news system. After all, it's against the law in their countries...
On the post: Argentina Orders Google To Censor Suggested Searches
On the post: Major Labels Shamed Into Promising To Give Some Of $105 Million Limewire Settlement To Artists
Pay the artists?
Of course, the little artists still haven't recouped the advance that the labels gave them, so the money will just go to that debt. How much do they owe? The labels aren't sure, but it's certainly more than the settlement share...
On the post: DHS's ICE Group Accused Of Lying To Court About Expense Of Complying With FOI Request
Blurry line
On the post: US ITC Uses Ridiculous Methodology To Claim 'Piracy' In China Costs US Firms $48 Billion In 2009
The Executive Hipocracy
Oh, wait! The labor is cheap! Let's send all our manufacturing to them.
Wait again! They take our plans and molds and create knock-off products! Let's not do business with them.
Hold on! My yearly bonus is based on profit, and higher wages eat into profits! It takes them a while to get the knock-offs manufactured and imported, so I'm sending our manufacturing to them. I'll just pay my congress critter to whine at them.
Seriously, the Chinese should tell the US to go pound sand. US companies are not going to stop sending their manufacturing jobs to China as long as the cost is the lowest. If CEO's were principled, they would looking at enriching their own countrymen, especially in our current state of crisis. (Yeah, I'm looking at you, Steve Jobs!)
On the post: Sony CEO Howard Stringer: Month-long Hackathon Merely A 'Hiccup'
Humility
We are being attacked by some amazingly skilled hackers. We can't touch them. I hope that we can figure out who they are, just so we can give them jobs securing our network. We were a very technologically advanced company in the 80's, but now we are just a bunch of inept empty suits.
Hackers, please don't hurt us!
On the post: Patent Troll Lodsys: All We Want Is 0.575% Of The Entire Mobile In-App Payment Ecosystem, Is That So Wrong?
A call for legislation?
Wait, Microsoft and Apple patent everything, and can pay Congress to look the other way. Nevermind...
On the post: Police Claim That Allowing People To Film Them In Public Creates 'Chilling Effects'
Not Representative
I seriously believe that those who don't want to be recorded are bad apples and know it. Law enforcement attracts those who want law and order, but it also attracts bullies. Thankfully, most bullies don't last long, or so I've been told.
On the post: Patent Troll Going After iPhone/iPad Developers Who Use In-App Payments
Re:
Basically, the patent system never really was all that great, but it's been perverted to massively favor litigious patent-holders over community-minded innovators.
On the post: The Senators Who Say Merely Linking To Certain Sites Should Be A Felony
Re: Re: @Anonymous Coward
On the post: FCC Commish-Turned-Lobbyist Can't See What All The Controversy Is About
legal laws
On the post: The Senators Who Say Merely Linking To Certain Sites Should Be A Felony
Nation of Jailbirds
It's got to be a great idea to make a common thing like linking illegal! Just make sure that everythings a felony, because felon's can't vote...
On the post: The Economist Disagrees With The Economist: Argues We Need More Patents, Approved Faster
Re: Re: Faster IS better
It took 11 years to patent an upgrade button? Sure, they had the idea in 1992, they were just refining it until 2003. WTF????
On the post: How Bin Laden Emailed Without Internet: Sneakernet-To-The-Home
That's just what they'd be expecting us to do!
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