While these types of things are always on a case-by-case basis, so this is not legal advice (blah blah blah), it seems pretty clear to my this is a derivative work. One of the exclusive copyrights offered to creators of original works is, generally, the right to make derivatives.
The authority is, as always the law, in this case 17 USC 106: "Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following:... ...to prepare derivative works based upon the copyrighted work;"
"Or the DMCA form did not allow for another choice than "copyright infringement"."
Of course the Digital Millennium COPYRIGHT Act form doesn't have have an option for anything other then copyright. It's not for anything else. It's right there in the name!
I don't care why this is being done, I've gotten three calls from fucking "card services" today. The only thing that would make me happier is to line the bastards against a wall.
If anyone hasn't seen it, Leonard French has a video
If anyone hasn't seen it, Leonard French has a video covering the original ruling. When I first saw this I was ready to side with the building owner, the facts of the case changed my mind.
It's actually worse then that. Even if the companies wanted to produce a phone that lacked the easy ability to track you, they are prohibited from doing so because that exact ability is what's required for the E911 roll-out!
Re: Re: Re: Re: I'm having problems seeing the issue...
My subpeona you mean a reasonable writ, upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized?
To be clear, if there's actually a case of police either not getting consent or not getting a warrant (which is specifically called out by the constitution), I'll be the first to start passing out pitchforks.
That's not what's happening. I was ready to be outraged when this first broke, but as soon as I did any looking I found out that the homeowner consent is obtained before releasing the video.
"Police do not automatically have access to Ring video streams. Law enforcement has access to a portal, and then needs to directly request information from Neighbors app users if it wants to watch footage. Ring says it does not share information with law enforcement unless a user consents."
If I had to guess, A number of these types of laws determine how they affect a provider based on how much the provider brings in. The idea is that it's not fair to put the same burdens on a one-man-shop as a multi-billion dollar mega-corp. So, the court is probably going to use it to determine how much can be reasonably asked.
It's also worth noting, Devin Nunes (or his attorneys) are not the ones getting this information. It's going to the judge, who then will make determinations.
Geolocation DBs certainly do have issues with accuracy. I'm regularly shown in AR, despite living in IL. I've only been in AR for brief periods while driving to other states.
On the post: Nintendo Shuts Down Another 'Smash' Tournament Due To Mod Use, With No Piracy As A Concern
Re: Re:
While these types of things are always on a case-by-case basis, so this is not legal advice (blah blah blah), it seems pretty clear to my this is a derivative work. One of the exclusive copyrights offered to creators of original works is, generally, the right to make derivatives.
The authority is, as always the law, in this case 17 USC 106: "Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following:... ...to prepare derivative works based upon the copyrighted work;"
https://www.law.cornell.edu/uscode/text/17/106
While it's not PIRACY as we normally think of it, it's still a copyright violation.
On the post: Reverse Warrants Show Feds Sought Data On Thousands Of Police Brutality Protesters In Kenosha, Wisconsin
Re:
WTF are you talking about?
https://www.youtube.com/playlist?list=PL9cOEC1M44Dy3qjcC2j03Gd-qlpT0tuRP
That's not even a fully list, just the point he got board reporting on people getting charges for Jan 6.
On the post: LA Court Abusing Copyright Law To Take Down (Unauthorized) Recording Of Britney Spears Hearing
Re: YouTube mistake?
"Or the DMCA form did not allow for another choice than "copyright infringement"."
Of course the Digital Millennium COPYRIGHT Act form doesn't have have an option for anything other then copyright. It's not for anything else. It's right there in the name!
On the post: Appeals Court Says California's IMDb-Targeting 'Ageism' Law Is Unconstitutional
Re: Why go after IMDb?
Obviously it's not an easy target.
On the post: SLAPP Suit Filed Against Fox News Over Awful & Dangerous COVID-19 Coverage
Spinning up Ken White
Was there a mention of ponys?
On the post: That Was Quick: Thomas Goolnik Already Gets Google To Forget Our Latest Story About Thomas Goolnik Getting Google To Forget Stories About Thomas Goolnik
Re:
The door is right there. Don't let it hit you on the way out.
On the post: Lt. Governor Of Texas Gets Offended By An Anti-Police Shirt, Decides He Needs To Start Violating The First Amendment
Re: Re: Re: Correct responce
You need to put these up for sale.
On the post: Congress Forces FCC To Go Beyond Its Tame, 'Voluntary' Anti-Robocalling Plan
Honestly
I don't care why this is being done, I've gotten three calls from fucking "card services" today. The only thing that would make me happier is to line the bastards against a wall.
On the post: In New 5Pointz Decision, Second Circuit Concludes That VARA Trumps The Constitution
If anyone hasn't seen it, Leonard French has a video
If anyone hasn't seen it, Leonard French has a video covering the original ruling. When I first saw this I was ready to side with the building owner, the facts of the case changed my mind.
https://www.youtube.com/watch?v=WBOKhU8sLiY
On the post: Lt. Governor Of Texas Gets Offended By An Anti-Police Shirt, Decides He Needs To Start Violating The First Amendment
Correct responce
Everyone wear offensive shirts when at the senate.
On the post: FISA Court Bans FBI Agent Who Lied To The Court About Carter Page
I have a better idea:
Jail time.
I'll also accept disbanding the FISA court.
On the post: When We Fail To Understand Privacy As A Set Of Trade-Offs, Everyone's 'Solutions' Are Unhelpful
Re:
It's actually worse then that. Even if the companies wanted to produce a phone that lacked the easy ability to track you, they are prohibited from doing so because that exact ability is what's required for the E911 roll-out!
On the post: Totally In-Touch NH Lawmaker Blocks Device Repair Bill, Tells Constituents To Just Buy New $1k Phones
Re:
Funny you should mention that, John Deere has been at the forefront of novel ways to combat the ability to repair.
On the post: Civil Rights Groups Ask Legislators To Block Ring's Surveillance Partnerships With Law Enforcement
Re: Re: Re: Re: I'm having problems seeing the issue...
My subpeona you mean a reasonable writ, upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized?
On the post: Civil Rights Groups Ask Legislators To Block Ring's Surveillance Partnerships With Law Enforcement
Re: Re: I'm having problems seeing the issue...
To be clear, if there's actually a case of police either not getting consent or not getting a warrant (which is specifically called out by the constitution), I'll be the first to start passing out pitchforks.
Until then it's much ado about nothing.
On the post: Civil Rights Groups Ask Legislators To Block Ring's Surveillance Partnerships With Law Enforcement
Re: Re: I'm having problems seeing the issue...
That's not what's happening. I was ready to be outraged when this first broke, but as soon as I did any looking I found out that the homeowner consent is obtained before releasing the video.
"Police do not automatically have access to Ring video streams. Law enforcement has access to a portal, and then needs to directly request information from Neighbors app users if it wants to watch footage. Ring says it does not share information with law enforcement unless a user consents."
On the post: Civil Rights Groups Ask Legislators To Block Ring's Surveillance Partnerships With Law Enforcement
I'm having problems seeing the issue...
If private citizens want to put camera on their private property, and provide videos from them to the police, why do I care?
If amazon wants to facilitate this, why should I care?
On the post: Judge Wants To Know Who's Behind Devin Nunes' Cow's And Mom's Twitter Account
Re: Fishing expedition much?
If I had to guess, A number of these types of laws determine how they affect a provider based on how much the provider brings in. The idea is that it's not fair to put the same burdens on a one-man-shop as a multi-billion dollar mega-corp. So, the court is probably going to use it to determine how much can be reasonably asked.
It's also worth noting, Devin Nunes (or his attorneys) are not the ones getting this information. It's going to the judge, who then will make determinations.
On the post: Judge Wants To Know Who's Behind Devin Nunes' Cow's And Mom's Twitter Account
Re: Re:
Geolocation DBs certainly do have issues with accuracy. I'm regularly shown in AR, despite living in IL. I've only been in AR for brief periods while driving to other states.
On the post: Yes, The DNC's Debate Format Sucks, And There's An Easy Fix
" the DNC should stream and broadcast the debate itself and then license network and cable TV providers to rebroadcast it. "
NO! No, no no no no.
They should run the debate, stream it, declaring there is no licenses, partners, or copyright on the stream. Make it public domain.
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