The guy and his wife are at some tourist scenic site with the wife's friend. Wife says "Hey friend, take a picture of me and the hubby standing by this statue with my camera!"
Voila! The camera is the property of the wife, and the picture, as taken by the friend, is copyrighted by the friend. Don't need to go about some convoluted process of getting the picture to the wife.
Doesn't matter if you or someone else thinks it is simple to figure out. The only person who can say if it is or is not is a Judge. Are you really suggesting that you grant to just about anyone that ability to judge infringement, because that is what it sounds like.
As far as the "State their claim for fair use" the DMCA already allows that. Someone uploads something, company A sees it and thinks it is infringing and files a takedown notice. Hosting provider takes it down and sends a notice to the uploader saying someone claims copyright. Uploader thinks it is fair use and files a counter claim saying "fair use". Hosting company puts the files back up and notifies the company that the user is claiming fair use, take em to court if you want to do anything about it.
The problem is that according to the US Constitution, only a judge after hearing in a court of law can determine if something is infringing on a copyright or is fair use. Look at what happened to Righthaven. They brought suit against a guy who used an ENTIRE article from one of their newspapers, Righthaven took them to court (weather or not Righthaven had that right to sue is a totally separate matter) and the Judge said, No sorry but this is a fair use of the article.
We have a place for you at my workplace in one of the padded rooms :)
And once again. Is the Apple logo Red, Green, Silver, or that horrid multicolor affair from way back when?
There is a legitimate alternative, home games are blacked out to 'encourage' fans to attend home games in person.
This is deliberate. The intention is to encourage fans to buy tickets to attend home games in person.
As much as I would love to see the circus of a libel case, can they still be brought to court if they 'printed a retraction', acknowledged their mistake and apologized? Granted so far it just seems they pulled the incorrect article and put up the correct one, but the Internet never forgets.
Young, attractive, white female. That is why the news media is all over this.
I have to wonder if she has a case for rights violations under the Americans with Disabilities Act. She claimed she had a medical issue requiring the TSA to treat her differently than the average Jane Q Public, and then when she tried to prove such they denied her the ability to do so.
Being a Federal Law wouldn't it go to Federal Court as opposed to something local?
I have no doubt that if it did somehow make it into law that the courts would slap it down so hard the late night comedians will be making jokes about it for years.
If by some chance it DOES in fact make it through and is not challenged and declared unconstitutional, I will then push to have the 2nd and 19th Amendments declared a Privilege that can be denied.
Unfortunately because she made the deal with the prosecution before it went to court and before a Judge.. they can write it up however they want. They don't need to prove the 200k and as mentioned on the release they don't say how much they took from her.
Many years ago while I was still in college I went to a Con that was being held in the Dallas Fort Worth Airport convention center and it was connected to the airport via a skybridge. A bunch of us got hungry and decided to go visit the food court in the airport so we had to pass through security. The guards at the x-ray scanner/metal detector had no problems with my bringing a lock blade fighting knife, but pitched a fit about the plastic disposable camera.
This was way back in the late 90s so there was little in the way of modern security theater.
An unlocked box of documents is in plain sight thus they can search it. A smart phone that has a passcode lock has information that is not in plain sight. If they have to get a warrent to crack a safe or locked box then they have to get a warrent to pass the locking code on your smartphone.
Well the difference is.. you actually named Mike Masnick. Someone very specific. The original comment doesn't name anyone, even if it is strongly implied. For all we know the original comment might have been miss posted and they were talking about.. corrupted hard drives.. or corrupted penicillin specimens.
Or in the case of someone criticizing something their government did, knowing that if anyone from said government finds out who they are they will likely face prison or worse, true courage.
So.. is the Apple logo Green.. Red.. or Silver or that really horrid multicolored banding from ancient times? They seem to like to change its color an awful lot. Also does that Chinese food company logo really have a quarter chunk taken out of it or is that a picture error? I really don't see how, if the quarter chunk that is missing is intentional, Apple can say the logos are similar as to be mistaken..
In the case of the cops and the civilian recording the conversation wouldn't they BOTH have the copyright to it? Same goes for the reporter who whips out his smartphone recorder. Seems to me that Bloomberg (as the party doing the presentation of finical data) could claim copyright because they also recorded it.
Re: Re: Re: Re: Re: Re: Re: Re: Re: @ "not always possible to tell if something infringes"
Heck, we can go even more silly. It is one of those "socially connected cameras" that automagically uploads pictures taken to a Facebook account that you give it information to.