nospacesorspecialcharacters (profile), 12 Feb 2014 @ 11:20am
No derivative comments please...
One wonders why Disney, amongst others, are not strongly objecting to this? Why, almost their entire catalogue of movies would be wiped out if it was applied retrospectively!
And then there's other movies...
Batman might never have begun! No home to go back to for Dorothy and Toto! Brewster would never have got to spend his millions! No one watches the Watchmen! No outer limits, no twilight zone to get lost in!
YouTube would probably be reduced to about 10 users. We'd lose the excellent Cinema Sins and Screen Junkies for a start...
and what about music?
Stevie Wonder - no Happy Birthdays to you! Ray Charles wouldn't have a woman! Lynyrd Skynyrd wouldn't have found Alabama so sweet! Vanilla Ice might have been plain old Vanilla! Beach Boys - No surfing for you!
But I suppose one consolation is that 50 Shades of Grey wouldn't exist.
nospacesorspecialcharacters (profile), 15 May 2013 @ 1:59am
Using a screwdriver to bang in a nail
I think the core failure of this from the outset is not having representation for the public. As history has shown time and again, there's nothing to stop this select group from overreaching their purpose and becoming sole arbitrator of what is or isn't a copyrighted work.
The big publishers will make sure they can grab as much orphan works as possible, whilst diligently protecting their own (remixed from orphan) works - it's like putting the fox in charge of the chickens!
A better way of doing this would have been to have an open registry where anyone who finds an orphan work and wants to use it must register publicly and it should be available for, say 30 days, for someone to claim ownership. That way any member of the public can be involved.
There should also be a requirement for all publishers to provide a source (author/orphan), by law, on any work they use - which I gather is the main fear for photographers.
Ultimately, though, it would be easier if we just go back to registration for copyrights. In a world where millions of photos exist of the Eiffel Tower, how could anyone claim (prove) their copyright on a specific photo (unless they put something unique in it).
Technology has provided the means for making your work very easy to replicate, but it has also taken an audience that was once local and made it global. It has also made your work very easy to produce in the first place.
In the 1983 you had to pay upfront expense for a gallery, rely on advertising and local word of mouth; maybe have 1 or 2 people forge your work and 10,000 people may buy it.
In 2013 you zero costs for a gallery, can be seen worldwide, and 1 or 2 million people may copy your work but 100,000 people may buy it - there is no loss, just increase in piracy from people who would never have seen or bought anyway.
Should copyright even exist on things that can be created, copied and distributed worldwide within minutes?
nospacesorspecialcharacters (profile), 10 May 2013 @ 2:30am
Chewbacca is a Wookiee from Kashyyyk, but Chewbacca lives on Endor
Really pathetic.
Perhaps, rather than allowing lawyers to make mountains of money out of grammatical molehills, a better method of identifying something patentable is to simply have to present it physically.
If you can only describe something in order to obtain a patent it is not an "invention" it is an abstract concept or an "idea". Ideas were never intended to be patentable subject matter, yet because fools have issued patents for such, then here we are paying people to squabble over rhetoric and semantics.
Anyone can do that, just look at the title of my comment - it does not make sense! If Chewbacca lives on Endor, then you can ignore this comment entirely, as such.
nospacesorspecialcharacters (profile), 9 May 2013 @ 2:07am
I think Prenda is being misjudged
It's obvious that they're really grey-hat US court hackers exposing weaknesses in the system.
We should be applauding them and insisting on the US government to patch up their legal system so it is no longer vulnerable to these types of attacks!
nospacesorspecialcharacters (profile), 2 May 2013 @ 6:23am
Re: give them ALL the rights!
Better yet...
Take a snippet of code from an open source project - post it on Craigslist so he effectively violates the GPL and then get Richard Stallman to release the hounds.
nospacesorspecialcharacters (profile), 2 May 2013 @ 6:15am
Re: "has the possibility of creating very dangerous precedents"?
I don't know why this particular OOTB post has been flagged... it adds to the discussion and is not abusive or trollish.
If we want to foster good discussion at Techdirt then we shouldn't just flag posts willy nilly because it's come from someone who has acted with trollish behavior in the past.
For the record I think OOTB's last sentence is accurate - people change, money also changes them and Craig Newmark does seem to have become petty and vindictive. I know if I was on the receiving end of one of his petulant lawsuits I would certainly scoff anyone who suggested otherwise.
And disagreeing with minor points in the article is not trolling behavior either, so if people are going to flag OOTB's post above, then flag mine too!
Why is it not apparent to the courts that these server seizures are being conducted and handled by the civilian plaintiffs?
In criminal cases, do the police let the victim conduct the investigation and view the evidence? Does an angry relative get to dust for prints on the murder weapon and determine who the murderer was?
In civil cases, do we let the aggrieved take action before a judgement? If my neighbours conifers are blocking the sunlight do I get to 'seize' them by cutting them down, then go to court? Or do the courts decide first if they are a menace - that I should be compensated and the conifers removed?
This is really showing up the police as a bunch of incompetent no-nothings when it comes to modern technology. They would never approach a robbery or assault in the same way by accepting the victims sole testimony as enough evidence to convict.
But in computer 'crime', they let the 'expert' gather evidence. The same 'expert' who tells us a crime has been committed in the first place, but we don't actually know if it has or not - which is why we leave it to the 'expert'!
Is that like a "first-shoes maximalist" for someone who likes to wear shoes when they leave the house?
Or are you just borrowing from contextual and relevant terms like "big content" (for large media conglomerates) and "copyright maximalist" for those who lobby for excessive maximum copyright terms and enforcement?
Because it really doesn't work unless you use such terms in context.
"On the other hand, it's quite reasonable to require your submission to come with transparency over sources -- kind of like in the academic world, where copying is essential, but credit equally so."
:
This, essentially. The new image is quite creative in itself and it's clear that the contest winner had some inspiration that Kevin Collins lacked - or he could have modified his pic, submitted it and won instead.
That's not to take away from Collins' amazing photograph. But both 'artists' have contributed something - Collins took the photo and the contest winner took it a step further - this is essentially what Disney does with it's movies and no-one bats an eyelid because "it's Disney"/"they're old works"/"they're public domain" (take you pick).
The flaw here is not in the reproduction of CC work - it's the non-attribution - but did the entry form even allow for providing an attributable source?
The world has yet to adjust to an age in which copying is as easy as "cp" and some artists want to give away for free but still be attributed.
Also - Good on Kevin Collins for making his work CC!
Clearly the big-content houses realise they are losing control - but I wouldn't count them out just yet, I'm eager to see what they come up with in an attempt to redress this uneven shift against their business model.
For example, anyone noticed how things like "digital" rights have emerged without the intervention or rewriting of copyright laws?
'Digital' rights. 'Movie' rights. 'Print' rights. 'Audio' rights... all a content-conglomerate has to do is create a new perceived service and assign it "rights". I wonder if before long we'll start to see things such as 'cloud rights', 'mobile rights' (already partially-implemented on YouTube), '3D rights' and perhaps, in the future, "holographic reproduction rights".
What happens if the movie is a big success, then the studio commissions artists and writers to produce graphic novels and books of the movie (with differing plot points and story-lines). I wouldn't put it past them at all to try and subvert the author in this way - in fact I fully expect it - they have been shown to happily spend millions on lawyers to argue nuanced rights issues in court.
Sorry to be pessimistic, about a largely positive deal, but my cynicism has served me well over the years in preempting the moves of others whose interests do not align with my own.
nospacesorspecialcharacters (profile), 18 Mar 2013 @ 6:10am
Re: Statistcally, you're bound to find someone....
That's because people != customers.
"But we're also hearing from thousands of people who are playing across regions, trading, communicating and loving the Always-Connected functionality."
nospacesorspecialcharacters (profile), 14 Mar 2013 @ 8:05am
Re: Re: horrible video
Even bigger surprise, vast majority of muslims around the world didn't even notice or care.
Want a litmus test of how prejudiced Western media is against non-western culture? A few muslims somewhere in Iran protest America - IRAN PROTESTS AGAINST AMERICA!
It's a bit if Westboro Baptists were to protest a gay funeral and media around the world reported AMERICA PROTESTS AGAINST HOMOSEXUALS!
It's about time the media stopped treating isolated groups of individuals as though they speak for the whole country or region. Brown people are capable of individual thought and disagreement with their government too!
On the post: Self-Pub Platform Autharium Issues Bogus DMCA Notice In Hopes Of Whitewashing Its Past
Snatching defeat from the jaws of PR victory!
+ 38pt font on the front page: "You complained, we listened: our new ToS ensures you keep your copyrights yada, yada..."
+ Write to the original blogger and politely ask for a follow up post on the changes... Better yet ask for a right to respond to the original post!
+ Make a donation to the EFF, or any other internet rights campaign... Use the money you just wasted on lawyers.
+ Offer interviews with popular tech blogs, there is no way they would refuse, they would eat that shit up.
This could have been a success story, instead it's just another facepalm footnote in the annals of internet history.
On the post: UK Government Refuses To Confirm Or Deny If Your Pronunciation Of Its Massive Surveillance Program 'Tempora' Is Correct
Tem Po Rah!
On the post: Steven Tyler, Don Henley And Others Join Forces To Fight A Compulsory License For Remixes
No derivative comments please...
And then there's other movies...
Batman might never have begun!
No home to go back to for Dorothy and Toto!
Brewster would never have got to spend his millions!
No one watches the Watchmen!
No outer limits, no twilight zone to get lost in!
YouTube would probably be reduced to about 10 users. We'd lose the excellent Cinema Sins and Screen Junkies for a start...
and what about music?
Stevie Wonder - no Happy Birthdays to you!
Ray Charles wouldn't have a woman!
Lynyrd Skynyrd wouldn't have found Alabama so sweet!
Vanilla Ice might have been plain old Vanilla!
Beach Boys - No surfing for you!
But I suppose one consolation is that 50 Shades of Grey wouldn't exist.
On the post: Even More Patent Reform Bills Being Floated In Congress
Another bucket over here...!
We want to see patent reform, not tiny tweaks that will eventually be worked around.
On the post: Copyright Holders Will Define Details Of UK's Orphan Works Bill, But Not The Public
Re: Shocking
BTW: I'm taking your orphan horse, if you have a problem with that then unless you're a member of the "working group", tough!
On the post: Copyright Holders Will Define Details Of UK's Orphan Works Bill, But Not The Public
Using a screwdriver to bang in a nail
The big publishers will make sure they can grab as much orphan works as possible, whilst diligently protecting their own (remixed from orphan) works - it's like putting the fox in charge of the chickens!
A better way of doing this would have been to have an open registry where anyone who finds an orphan work and wants to use it must register publicly and it should be available for, say 30 days, for someone to claim ownership. That way any member of the public can be involved.
There should also be a requirement for all publishers to provide a source (author/orphan), by law, on any work they use - which I gather is the main fear for photographers.
Ultimately, though, it would be easier if we just go back to registration for copyrights. In a world where millions of photos exist of the Eiffel Tower, how could anyone claim (prove) their copyright on a specific photo (unless they put something unique in it).
Technology has provided the means for making your work very easy to replicate, but it has also taken an audience that was once local and made it global. It has also made your work very easy to produce in the first place.
In the 1983 you had to pay upfront expense for a gallery, rely on advertising and local word of mouth; maybe have 1 or 2 people forge your work and 10,000 people may buy it.
In 2013 you zero costs for a gallery, can be seen worldwide, and 1 or 2 million people may copy your work but 100,000 people may buy it - there is no loss, just increase in piracy from people who would never have seen or bought anyway.
Should copyright even exist on things that can be created, copied and distributed worldwide within minutes?
On the post: New Zealand To Ban Software Patents 'As Such'; Tries To Pin Down What On Earth That Means
Chewbacca is a Wookiee from Kashyyyk, but Chewbacca lives on Endor
Perhaps, rather than allowing lawyers to make mountains of money out of grammatical molehills, a better method of identifying something patentable is to simply have to present it physically.
If you can only describe something in order to obtain a patent it is not an "invention" it is an abstract concept or an "idea". Ideas were never intended to be patentable subject matter, yet because fools have issued patents for such, then here we are paying people to squabble over rhetoric and semantics.
Anyone can do that, just look at the title of my comment - it does not make sense! If Chewbacca lives on Endor, then you can ignore this comment entirely, as such.
On the post: Why Prenda Has Been Able To Proceed For Years: The Whole Setup Was Too Brazen
I think Prenda is being misjudged
We should be applauding them and insisting on the US government to patch up their legal system so it is no longer vulnerable to these types of attacks!
On the post: Craigslist's Abuse Of Copyright And The CFAA To Attack Websites That Make Craigslist Better Is A Disgrace
Re: give them ALL the rights!
Take a snippet of code from an open source project - post it on Craigslist so he effectively violates the GPL and then get Richard Stallman to release the hounds.
On the post: Craigslist's Abuse Of Copyright And The CFAA To Attack Websites That Make Craigslist Better Is A Disgrace
Re: "has the possibility of creating very dangerous precedents"?
If we want to foster good discussion at Techdirt then we shouldn't just flag posts willy nilly because it's come from someone who has acted with trollish behavior in the past.
For the record I think OOTB's last sentence is accurate - people change, money also changes them and Craig Newmark does seem to have become petty and vindictive. I know if I was on the receiving end of one of his petulant lawsuits I would certainly scoff anyone who suggested otherwise.
And disagreeing with minor points in the article is not trolling behavior either, so if people are going to flag OOTB's post above, then flag mine too!
On the post: MPAA Accused Of Tampering With Evidence In Key Copyright Case In Finland
Circlejerk Justice
In criminal cases, do the police let the victim conduct the investigation and view the evidence? Does an angry relative get to dust for prints on the murder weapon and determine who the murderer was?
In civil cases, do we let the aggrieved take action before a judgement? If my neighbours conifers are blocking the sunlight do I get to 'seize' them by cutting them down, then go to court? Or do the courts decide first if they are a menace - that I should be compensated and the conifers removed?
This is really showing up the police as a bunch of incompetent no-nothings when it comes to modern technology. They would never approach a robbery or assault in the same way by accepting the victims sole testimony as enough evidence to convict.
But in computer 'crime', they let the 'expert' gather evidence. The same 'expert' who tells us a crime has been committed in the first place, but we don't actually know if it has or not - which is why we leave it to the 'expert'!
On the post: White House Petition Launched To 'Recast Copyright For The Digital Age'
Re: Oh really?
Is that like a "first-shoes maximalist" for someone who likes to wear shoes when they leave the house?
Or are you just borrowing from contextual and relevant terms like "big content" (for large media conglomerates) and "copyright maximalist" for those who lobby for excessive maximum copyright terms and enforcement?
Because it really doesn't work unless you use such terms in context.
On the post: When Is An Image 'Manipulated Enough' To Become An Original Creation?
Re:
:
This, essentially. The new image is quite creative in itself and it's clear that the contest winner had some inspiration that Kevin Collins lacked - or he could have modified his pic, submitted it and won instead.
That's not to take away from Collins' amazing photograph. But both 'artists' have contributed something - Collins took the photo and the contest winner took it a step further - this is essentially what Disney does with it's movies and no-one bats an eyelid because "it's Disney"/"they're old works"/"they're public domain" (take you pick).
The flaw here is not in the reproduction of CC work - it's the non-attribution - but did the entry form even allow for providing an attributable source?
The world has yet to adjust to an age in which copying is as easy as "cp" and some artists want to give away for free but still be attributed.
Also - Good on Kevin Collins for making his work CC!
On the post: When Is An Image 'Manipulated Enough' To Become An Original Creation?
Re: Feh
On the post: US Attorneys Reveal Online Bullying To Explain Why People Who Helped Them Prosecute Aaron Swartz Should Remain Anonymous
Re: Define helpful
When it happens at home it's terrorism.
On the post: Successful Self-Published Ebook Authors Sells Print & Movie Rights For $1 Million, But Keeps Digital Rights To Himself
Splitting Rights
For example, anyone noticed how things like "digital" rights have emerged without the intervention or rewriting of copyright laws?
'Digital' rights. 'Movie' rights. 'Print' rights. 'Audio' rights... all a content-conglomerate has to do is create a new perceived service and assign it "rights". I wonder if before long we'll start to see things such as 'cloud rights', 'mobile rights' (already partially-implemented on YouTube), '3D rights' and perhaps, in the future, "holographic reproduction rights".
What happens if the movie is a big success, then the studio commissions artists and writers to produce graphic novels and books of the movie (with differing plot points and story-lines). I wouldn't put it past them at all to try and subvert the author in this way - in fact I fully expect it - they have been shown to happily spend millions on lawyers to argue nuanced rights issues in court.
Sorry to be pessimistic, about a largely positive deal, but my cynicism has served me well over the years in preempting the moves of others whose interests do not align with my own.
On the post: Maxis GM: Our Vision Is More Important Than Our Customers & Lots Of People Love Our Crappy DRM
Re: Re: Statistcally, you're bound to find someone....
Link to correct source.
On the post: Maxis GM: Our Vision Is More Important Than Our Customers & Lots Of People Love Our Crappy DRM
Re: Statistcally, you're bound to find someone....
In 2012 EA employed 9225 people worldwide.
On the post: Iranians Protest Leads To The Return Of Gmail
Re: Re: horrible video
Want a litmus test of how prejudiced Western media is against non-western culture? A few muslims somewhere in Iran protest America - IRAN PROTESTS AGAINST AMERICA!
It's a bit if Westboro Baptists were to protest a gay funeral and media around the world reported AMERICA PROTESTS AGAINST HOMOSEXUALS!
It's about time the media stopped treating isolated groups of individuals as though they speak for the whole country or region. Brown people are capable of individual thought and disagreement with their government too!
On the post: Newspaper Publisher Disturbed By His Own Reaction To Walking Dead; Thinks Censorship Might Be The Answer
Re: Re: Can we just lower our pitchforks for a second...?
Next >>