Comments by Gwiz http://www.techdirt.com/ Easily digestible tech news.... Re: Re: Re: Re: Re: Re: http://www.techdirt.com/articles/20130522/01382223168/new-york-times-tells-startup-it-cant-even-mention-ny-times.shtml#c1096 Thu, 23 May 2013 11:41:32 PDT http://www.techdirt.com/articles/20130522/01382223168/new-york-times-tells-startup-it-cant-even-mention-ny-times.shtml#c1096 ....framing the tool as a way to infringe on their copyright.

And that framing confuses me. How is this tool a way to infringe their copyrights at all? It's not like everyone is going to use it to create the exact same story over and over again.

I think a better analogy would be if created an oven that makes exact replicas of Twinkies. Couldn't I create an advertisement that has customers tasting my sponge cakes and comparing them to Twinkies?]]> Re: Re: Re: Re: Re: Re: http://www.techdirt.com/articles/20130522/01382223168/new-york-times-tells-startup-it-cant-even-mention-ny-times.shtml#c1074 Thu, 23 May 2013 11:32:17 PDT http://www.techdirt.com/articles/20130522/01382223168/new-york-times-tells-startup-it-cant-even-mention-ny-times.shtml#c1074 If that's the case, why can't I go to Flickr, download images, and use them in a TV advertisement?


Because the first factor would have to be considered also:
1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
The purpose in your case would be use the images for your advertisement. The purpose in the Scroll Kit case is to show that their product can produce a Snow Fall-like experience faster and easier than what NYT had to do. It's like creating an advertisement with your product and your competitor's product to show comparisons and contrasts.]]> Re: Re: Re: Re: Re: http://www.techdirt.com/articles/20130522/01382223168/new-york-times-tells-startup-it-cant-even-mention-ny-times.shtml#c961 Thu, 23 May 2013 07:31:44 PDT http://www.techdirt.com/articles/20130522/01382223168/new-york-times-tells-startup-it-cant-even-mention-ny-times.shtml#c961 This use fails on the 4th factor of consideration...

Oops. Worded that wrong. Didn't mean "fails". I meant that the 4th factor would support that this use is fair use.]]> Re: Re: Re: Re: http://www.techdirt.com/articles/20130522/01382223168/new-york-times-tells-startup-it-cant-even-mention-ny-times.shtml#c937 Thu, 23 May 2013 07:28:59 PDT http://www.techdirt.com/articles/20130522/01382223168/new-york-times-tells-startup-it-cant-even-mention-ny-times.shtml#c937 How is this any different?


Mike already explained why he thought there is a strong fair use argument in the article:
First of all, there's a tremendously strong fair use argument here. Nothing in what Scroll Kit did with the video competed with the Snow Fall story in any way shape or form. The video was just a demonstration of its product and how you could use it to create a Snow Fall like experience.
This use fails on the 4th factor of consideration and does not "effect the potential market for, or value of, the copyrighted work."

http://www.copyright.gov/fls/fl102.html]]> Re: As I've said, police aren't even thugs now, just attack dogs. http://www.techdirt.com/articles/20130521/17321623162/released-video-silva-beating-shows-his-last-moments-video-actual-beating-still-missing.shtml#c194 Wed, 22 May 2013 14:30:30 PDT http://www.techdirt.com/articles/20130521/17321623162/released-video-silva-beating-shows-his-last-moments-video-actual-beating-still-missing.shtml#c194 Oh, and take this egregious tenuously related dig: I bet EVERY ONE of those savages played violent video games until they could do it in real life. How could violent games possibly lead to any other behavior than savagery?


Once again Blue ignores any evidence contrary to his predetermined beliefs.

http://www.techdirt.com/articles/20121219/09593821438/yet-more-evidence-shows-no-link-between-video-games-actual-violence.shtml

http://www.techdirt.com/articles/20130228/09391122151/video-games-do-not-cause-violence-according-to-former-fbi-profiler.shtml

http://www.techdirt.com/articles/20100609/1109309754.shtml

http://www.techdirt.com/articles/20090318/0212264165.shtml

There is plenty more where that came from.]]> Re: Re: Re: http://www.techdirt.com/articles/20130521/18265123163/reporters-find-exposed-personal-data-via-google-threatened-with-cfaa-charges.shtml#c560 Wed, 22 May 2013 14:01:29 PDT http://www.techdirt.com/articles/20130521/18265123163/reporters-find-exposed-personal-data-via-google-threatened-with-cfaa-charges.shtml#c560 ... yet they ignore the robots.txt file's disallow instructions, and not only that, but publicly display links found on a site where those links were clearly delineated as "disallow" in that file.

Do you have a citation for that? It's not that I don't believe you - just haven't heard that one before.]]> Re: http://www.techdirt.com/articles/20130521/18265123163/reporters-find-exposed-personal-data-via-google-threatened-with-cfaa-charges.shtml#c480 Wed, 22 May 2013 13:26:36 PDT http://www.techdirt.com/articles/20130521/18265123163/reporters-find-exposed-personal-data-via-google-threatened-with-cfaa-charges.shtml#c480 I cannot wait to see how long it will take before Google Fanboys to defend Google's lax in security over this.


WTF are you talking about, Wally?

Why would Google have anything to do with some other company's lack of security on the pages they have facing the web?]]> Re: Anon E Mouse http://www.techdirt.com/articles/20130521/14172323158/judge-not-impressed-prenda-alan-cooper-lawsuit.shtml#c833 Wed, 22 May 2013 11:24:04 PDT http://www.techdirt.com/articles/20130521/14172323158/judge-not-impressed-prenda-alan-cooper-lawsuit.shtml#c833 I enjoy how you spell like a poorly-educated third grade girl..... Stay stupid my firend.


Too funny.]]> Re: http://www.techdirt.com/articles/20130517/13573923121/retired-lt-col-violent-media-has-bred-generation-killers.shtml#c444 Tue, 21 May 2013 08:12:42 PDT http://www.techdirt.com/articles/20130517/13573923121/retired-lt-col-violent-media-has-bred-generation-killers.shtml#c444 Tim says it like it's a noble stance but the anti ip attitude of the techdirt "crew" is always against profit, at least of the created by forced IP rights kind.


If your marketing strategy involves the use of any kind of "force", then maybe your doing it wrong.

Just my 2]]> Re: Re: So, anyone who still believes that "1984" is fiction? http://www.techdirt.com/articles/20130520/11200723149/war-journalists-doj-claimed-fox-news-reporter-was-aider-abettor-co-conspirator-with-leaker.shtml#c534 Mon, 20 May 2013 14:03:26 PDT http://www.techdirt.com/articles/20130520/11200723149/war-journalists-doj-claimed-fox-news-reporter-was-aider-abettor-co-conspirator-with-leaker.shtml#c534 You're like someone who thinks reading People every day makes them an expert is sociology.


Gave you an insightful AND a funny - for that line alone.]]> Re: Re: Re: Re: A sad misunderstanding http://www.techdirt.com/articles/20130516/15445423110/framework-copyright-reform.shtml#c1593 Sat, 18 May 2013 10:37:33 PDT http://www.techdirt.com/articles/20130516/15445423110/framework-copyright-reform.shtml#c1593 That's kind of the problem.... the 'whatever that means' part.


Are you seriously saying that someone should declare what the best path is before exploring ALL the paths? That's just crazy.

If you seriously think that our current copyright system is the best way, then you have no reason to be afraid of exploring different means to achieve the same goals.]]> Re: Re: Re: A sad misunderstanding http://www.techdirt.com/articles/20130516/15445423110/framework-copyright-reform.shtml#c1443 Sat, 18 May 2013 06:32:43 PDT http://www.techdirt.com/articles/20130516/15445423110/framework-copyright-reform.shtml#c1443 Re: Re: A sad misunderstanding http://www.techdirt.com/articles/20130516/15445423110/framework-copyright-reform.shtml#c1440 Sat, 18 May 2013 06:31:28 PDT http://www.techdirt.com/articles/20130516/15445423110/framework-copyright-reform.shtml#c1440 He'll never put things into perspective or acknowledge that there are even positives.


You are the one looking at this issue with blinders on, most likely because you wish copyright to continue as an income stream for the lawyers.

Mike advocates that copyright should promote progress, whatever the means. You are the one who has decided that granting authors exclusive is the *only* path. Your narrow view leaves out way too many possibilities that could achieve the same ends.]]> Re: Re: Re: http://www.techdirt.com/articles/20130516/15445423110/framework-copyright-reform.shtml#c981 Fri, 17 May 2013 17:09:53 PDT http://www.techdirt.com/articles/20130516/15445423110/framework-copyright-reform.shtml#c981 But we give the exclusive rights to the artists/authors so that in turn can benefit the public. We don't give the rights to the public first.


... And a growing segment of the public is considering whether they wish to continue giving anyone those rights at all anymore. Copyright itself is being completely reconsidered these days.

The public is the most important stakeholder concerning copyright for the simple fact that those exclusive rights are granted by the public in the first place. That which is granted can always be revoked.]]> Re: I don't need your consent ..... http://www.techdirt.com/articles/20130516/15583223111/congress-grandstanding-over-google-glass-privacy-concerns-next-up-privacy-concerns-over-your-eyes.shtml#c790 Fri, 17 May 2013 08:10:29 PDT http://www.techdirt.com/articles/20130516/15583223111/congress-grandstanding-over-google-glass-privacy-concerns-next-up-privacy-concerns-over-your-eyes.shtml#c790 ....and as long as it is not for commercial gain

No so sure that's accurate. The paparazzi wouldn't exist if that was true.]]> Re: Re: Re: http://www.techdirt.com/articles/20130515/14032223097/uk-recording-industry-looks-to-censor-more-sites-with-no-trial-conviction.shtml#c494 Thu, 16 May 2013 12:30:17 PDT http://www.techdirt.com/articles/20130515/14032223097/uk-recording-industry-looks-to-censor-more-sites-with-no-trial-conviction.shtml#c494 Funny. SOPA provided for adversarial hearings.

Really? When was that? One of the last minute mark-ups before it was killed by the public outcry?

A lot of what I read was law scholars complaining that SOPA violated the First Amendment by not providing an adversarial hearing before taking actions like cutting off monetary funding. Like this one:

http://www.serendipity.li/cda/tribe-legis-memo-on-SOPA-12-6-11-1.pdf



You losers should make up your minds.

My mind is made up. Maybe you should quit trying to revise history.]]> Re: Re: "use of BitTorrent to select and share movies is expressive" http://www.techdirt.com/articles/20130513/01431623057/appeal-over-former-riaa-lobbyist-judge-allowing-prenda-to-get-info-over-1000-john-does-moves-forward.shtml#c308 Thu, 16 May 2013 12:10:07 PDT http://www.techdirt.com/articles/20130513/01431623057/appeal-over-former-riaa-lobbyist-judge-allowing-prenda-to-get-info-over-1000-john-does-moves-forward.shtml#c308
Basically Blue's mind is made up these matters, so don't confuse with him facts.]]> Re: http://www.techdirt.com/articles/20130515/14032223097/uk-recording-industry-looks-to-censor-more-sites-with-no-trial-conviction.shtml#c130 Thu, 16 May 2013 08:05:50 PDT http://www.techdirt.com/articles/20130515/14032223097/uk-recording-industry-looks-to-censor-more-sites-with-no-trial-conviction.shtml#c130 None of these sites should be punished until they've lost a best- of- seven round of trials in front of 50 person juries.

I'd be content with a simple adversary hearing beforehand. Why are the content industries so afraid of anyone defending themselves? That's what I'd like to know.]]> Re: http://www.techdirt.com/articles/20130514/01475423078/tv-networks-finally-discover-live-streaming-still-get-it-really-really-wrong.shtml#c34 Wed, 15 May 2013 08:14:46 PDT http://www.techdirt.com/articles/20130514/01475423078/tv-networks-finally-discover-live-streaming-still-get-it-really-really-wrong.shtml#c34
Another annoying "feature" of the free Hulu service is only having the latest 5 episodes of a show available. If someone happens to catch a middle episode at a friends house, likes it and then wants to see the series from the beginning they are SOL. Those are new eyeballs on ads that they are missing out on. Doesn't make much sense to me.]]> Re: Techdirt fanboys cheer self-confessed thieves. http://www.techdirt.com/articles/20130513/11270823061/once-again-top-downloaders-are-top-spenders-according-to-uk-govt-study.shtml#c667 Tue, 14 May 2013 09:41:16 PDT http://www.techdirt.com/articles/20130513/11270823061/once-again-top-downloaders-are-top-spenders-according-to-uk-govt-study.shtml#c667 Techdirt fanboys cheer self-confessed thieves.

Not me. I just happen to think that providing the services that people want is a better way to fighht piracy than increased enforcement that usually tends to collide with my inalienable rights.


All claim to spend heaps on content.

For me it's not a claim, it's a fact. DirectTV, Premimum channels, Netflix, Amazon books, Good Old Games and much more.


Once again proving the value of the "out_of_the_blue" screen name, my substance drives the commenting here. That's why Mike keeps me round: otherwise it's just "early" commenting saying that they're commenting early.

Yes, yes, Blue. Everyone who comes to Techdirt is here ONLY to see YOUR comments, of course.

Now that I have stroked your fragile ego a bit, will you please go away now?]]>