Re: What about the citizens who have trademarks? Don't they have rights too?
Copyright prevents nothing. It's simply a statement that only one person or entity as the right to copy something without a license to do so.
And a great deal, I'd say about 1/2 or more, of Flickr is covered by Creative Commons and various CC licenses which allow for and, often, encourage copying, mashups and all the other "uncreative" stuff you object to so strongly. That doesn't mean a copyright isn't there but that the licensing is more permissive than commercial licensing.
There's also a wealth of CC licensed art out there, stories, videos and other stuff that you seem blissfully unaware of.
As I've mentioned before there are also software licenses like the GPL and BSD licenses that are also copyrighted but, again, not primarily for commercial use.
Not all copyright is intended for profit or for the use of gatekeepers. Though it is the gatekeepers that are pushing things like ACTA on the rest of us behind closed doors.
I'm not sure how many individuals actually have trademarks. That usually comes after a certain amount of notoriety for fame or both where someone might want to capitalize on their names. By then, those people are often highly involved with the gatekeepers anyway. Certainly a lot of small businesses do for as long as they last.
What I read from you is that you have no idea what copyright and licensing is used on an individual level. For you it's all about protection and making money. (Hand over fist in your dream world.) If I'm photographer trying to break into the commercial world I'd just as soon my work was seen on Flickr, downloaded and widely shared so that someone might hire me. After all. It's a cheap way to put a portfolio together. Same for videographer starting out. So, under a CC license, grab it, share it, do what you want with it just keep my name with it!
As for your last sentence you have no idea how many people share stuff on P2P networks, legally or (in your mind illegally) or do other work on P2P or B2B and other like networks out there that you know nothing about.
Not all copyright (or patents for that matter) are used or intended to be used restrictively.
As for big business stealing stuff, if they do the single person gets to face an army of lawyers who will keep me in court unto the 7th generation and then some.
Oh, brilliant man though he was, Thomas Edison made a career out of infringing copyrights and patents belonging to others. Just ask Nikola Tesla.
In this case it was a combination of the removal of restraints on commercial banking in the United States and Europe that set the stage for the crash in 2008. Add to that the mistaken notion that banks could and would regulate themselves to ensure that bank failures of that scale would never occur or that failures on the extent of 1929 would ever occur again.
Banks in the United States ceased to be beholden to their depositors and followed the path that publicly traded companies must follow which is create the most wealth possible for their shareholders.
But banking isn't as simple as other businesses as they stand in the centre of the economy, the business that allow other businesses to work and fund each other and pay wages.
(Yeah, I know, way to simple but it's essentially it.)
Nothing made sure that derivatives trading and what was contained in the derivatives was worth anything transparent.
Nothing seemed to make sure that currency, derivative and other plays didn't become the central reason that, it seems, many commercial banks continued to exist and to make such incredible profits. (I won't mention obscene salaries other than to point them out.)
What happened was, that contrary to the fairy tale of the deregulation period was that banks couldn't and didn't regulate or restrain themselves.
Canada gets a lot of kudos for keeping banking tightly regulated and avoiding lot of the mess because of it but it was a very close call, took public and,to a large extent, shareholder concerns to stop it from happening. We came within a hair of going the way the United States and large parts of Europe did. More by luck than by good planning.
There's throwing out regulations that don't work or are duplicated across jurisdictions with just enough of a differences in them to make them a costly plain.
In hindsight banking regulation was working. Maybe not perfectly but working. It was an easy target though. So...out it went. And...here we are.
As a side note, I'd just love to know what of any value the chair lost to its rights holder. Did the picture cause a loss of advertising or promotional rights? Or cause a copy of the chair to be made? Did the photo copy an exact photo made by the rights holder?
I am glad that you mentioned rights holders as being "hurt" by extended fair use/dealing. As we already know in most cases the artist themselves is rarely paid or paid a pittance due to having to sign their rights over to, say, Getty Images.
It's sounding, in many ways, to be similar to when the Canadian Government created CSIS (Canadian Security and Intelligence Service) out of a merger between the security arm of the RCMP who were caught spying on citizens, among other things, with other civilian intelligence services and other departments leaving a wholesale mess between the new agency and the RCMP. Both going well and truly overboard in an attempt to prove their worth.
It's taken years to fix that and I'm not sure it's fixed now just better "hidden".
If the justices of the EU court behave as the SCOC have a couple of times in the past if the question presented isn't broad enough they may very well as for more information/evidence so that they can answer the question they were given. Once you had these things to a court it's then up to them to seek what they feel they need to answer the question which may not be quite what those who referred it had in mind. Put another way, the court is a free agent in this.
It's an interesting little place, kind of social networking lol cats and other pictures. If someone put my picture up there I'd be pleased as long as I got credit for it so that if someone likes it they can either buy a copy from me or have me do some work for them.
The reaction of some photographers does see more fearful than helpful to them though I'd argue that it's more helpful in just getting the work out in a fun and human environment. And makes it more accessible to those who may not see or think of buying a copy of it.
There are times, you know, when you ignore your copyright for greater profit down the line.
Re: "Pinterest is an insanely popular social network of sorts"
Now that comic's been bookmarked, pirated, spread widely across the world and generally abused by RIAA and MPAA standards just cause it is sooooooooooooooooooooooo true!
Now that's out of my system I think I'll go peek at the site Mike's writing about just to see what the heck all the fuss is about.
I agree that that is certainly the case so shouldn't the automated system used to check these things also check CONTEXT? You know, is it all text or are there actual links, pictures, drawings etc dealing with these horrid subjects?
Use of the words alone should never trigger a ban. There may be other reasons for considering Techdirt dangerous to minors. Concepts like free speech and open discussion in a public area.
Re: The Power Grid ON/OFF Switch is on the Internet
Not only does it make sense but it doesn't grab headlines so they don't do it.
I'm still at a loss to explain why Anon would to something like that as, apparently, so are they. It certainly deflects from the silliness of the on/off switch being out there on the Internet just waiting for someone to break into it.
Narrow questions have been known to widen as evidence is presented on this sort of issue. It's happened once or twice at the Supreme Court of Canada where a narrow question was referred to the justices who came to the conclusion that they couldn't answer the narrow question without considering broader questions and implications.
As someone has noted the Court may not have the juridicition to take on this reference which makes it both moot and political gamesmanship. The latter being all that may get EU member states and the EU parliament left that might get it passed.
On the post: Australian Collection Society Upset It Doesn't Get To Collect Extra For Radio Simulcasts Online
Re: But..
(Given that music's primary attraction is emotional.)
On the post: Trademark Lobby Wants To Help European Court of Justice Forget About EU Citizens' Rights
Re:
:-)
On the post: Trademark Lobby Wants To Help European Court of Justice Forget About EU Citizens' Rights
Re: What about the citizens who have trademarks? Don't they have rights too?
And a great deal, I'd say about 1/2 or more, of Flickr is covered by Creative Commons and various CC licenses which allow for and, often, encourage copying, mashups and all the other "uncreative" stuff you object to so strongly. That doesn't mean a copyright isn't there but that the licensing is more permissive than commercial licensing.
There's also a wealth of CC licensed art out there, stories, videos and other stuff that you seem blissfully unaware of.
As I've mentioned before there are also software licenses like the GPL and BSD licenses that are also copyrighted but, again, not primarily for commercial use.
Not all copyright is intended for profit or for the use of gatekeepers. Though it is the gatekeepers that are pushing things like ACTA on the rest of us behind closed doors.
I'm not sure how many individuals actually have trademarks. That usually comes after a certain amount of notoriety for fame or both where someone might want to capitalize on their names. By then, those people are often highly involved with the gatekeepers anyway. Certainly a lot of small businesses do for as long as they last.
What I read from you is that you have no idea what copyright and licensing is used on an individual level. For you it's all about protection and making money. (Hand over fist in your dream world.) If I'm photographer trying to break into the commercial world I'd just as soon my work was seen on Flickr, downloaded and widely shared so that someone might hire me. After all. It's a cheap way to put a portfolio together. Same for videographer starting out. So, under a CC license, grab it, share it, do what you want with it just keep my name with it!
As for your last sentence you have no idea how many people share stuff on P2P networks, legally or (in your mind illegally) or do other work on P2P or B2B and other like networks out there that you know nothing about.
Not all copyright (or patents for that matter) are used or intended to be used restrictively.
As for big business stealing stuff, if they do the single person gets to face an army of lawyers who will keep me in court unto the 7th generation and then some.
Oh, brilliant man though he was, Thomas Edison made a career out of infringing copyrights and patents belonging to others. Just ask Nikola Tesla.
On the post: Economist Notices That The US Is Getting Buried Under Costly, Useless Over-Regulation
Re: Re: Re:
Banks in the United States ceased to be beholden to their depositors and followed the path that publicly traded companies must follow which is create the most wealth possible for their shareholders.
But banking isn't as simple as other businesses as they stand in the centre of the economy, the business that allow other businesses to work and fund each other and pay wages.
(Yeah, I know, way to simple but it's essentially it.)
Nothing made sure that derivatives trading and what was contained in the derivatives was worth anything transparent.
Nothing seemed to make sure that currency, derivative and other plays didn't become the central reason that, it seems, many commercial banks continued to exist and to make such incredible profits. (I won't mention obscene salaries other than to point them out.)
What happened was, that contrary to the fairy tale of the deregulation period was that banks couldn't and didn't regulate or restrain themselves.
Canada gets a lot of kudos for keeping banking tightly regulated and avoiding lot of the mess because of it but it was a very close call, took public and,to a large extent, shareholder concerns to stop it from happening. We came within a hair of going the way the United States and large parts of Europe did. More by luck than by good planning.
There's throwing out regulations that don't work or are duplicated across jurisdictions with just enough of a differences in them to make them a costly plain.
In hindsight banking regulation was working. Maybe not perfectly but working. It was an easy target though. So...out it went. And...here we are.
On the post: Do You Need Permission To Take A Photo With A Chair In It? You Might In France...
And really, copyright on a chair?????????
Oh well, the world gets crazier.
On the post: Do You Need Permission To Take A Photo With A Chair In It? You Might In France...
Re: Re: Re:
What total bullocks.
On the post: Do You Need Permission To Take A Photo With A Chair In It? You Might In France...
Re: Re: comment held for moderation
Comes in handy even though Techdirt doesn't censor.
On the post: ICE Considered One Of The Worst Places To Work In The Federal Government
Re: Focus on morale? Ha!
It's taken years to fix that and I'm not sure it's fixed now just better "hidden".
On the post: ACTA Approval On Hold While EU Commission Asks EU Court Of Justice To Weigh In
Re: Re: Re: Narrow Question asked of Court
On the post: The Pointless Copyright Freakout Over Pinterest
The reaction of some photographers does see more fearful than helpful to them though I'd argue that it's more helpful in just getting the work out in a fun and human environment. And makes it more accessible to those who may not see or think of buying a copy of it.
There are times, you know, when you ignore your copyright for greater profit down the line.
On the post: The Pointless Copyright Freakout Over Pinterest
Re: "Pinterest is an insanely popular social network of sorts"
Now that's out of my system I think I'll go peek at the site Mike's writing about just to see what the heck all the fuss is about.
On the post: Techdirt Deemed Harmful To Minors In Germany
Re: It's All True
Use of the words alone should never trigger a ban. There may be other reasons for considering Techdirt dangerous to minors. Concepts like free speech and open discussion in a public area.
Now THAT could be dangerous!
On the post: Techdirt Deemed Harmful To Minors In Germany
Re: Re: Re: Re: Re: Re: Re: Re:
On the post: NSA: 'Anonymous Might One Day Hack Power Grids!' Anonymous: 'Huh?!?'
Re: I Need Protection
BEGIN
PRINT "HELLO WORLD AND POWER GRID"
END
Simple :)
On the post: NSA: 'Anonymous Might One Day Hack Power Grids!' Anonymous: 'Huh?!?'
Re: Re:
On the post: NSA: 'Anonymous Might One Day Hack Power Grids!' Anonymous: 'Huh?!?'
Re: Re: Re:
On the post: NSA: 'Anonymous Might One Day Hack Power Grids!' Anonymous: 'Huh?!?'
Re: Re: Re: Once again Mike...sensationalize it so people read it.
On the post: NSA: 'Anonymous Might One Day Hack Power Grids!' Anonymous: 'Huh?!?'
Re:
On the post: NSA: 'Anonymous Might One Day Hack Power Grids!' Anonymous: 'Huh?!?'
Re: The Power Grid ON/OFF Switch is on the Internet
I'm still at a loss to explain why Anon would to something like that as, apparently, so are they. It certainly deflects from the silliness of the on/off switch being out there on the Internet just waiting for someone to break into it.
On the post: ACTA Approval On Hold While EU Commission Asks EU Court Of Justice To Weigh In
Re: Narrow Question asked of Court
As someone has noted the Court may not have the juridicition to take on this reference which makes it both moot and political gamesmanship. The latter being all that may get EU member states and the EU parliament left that might get it passed.
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