The road not taken — copyright is a complicated playground

image: jblivetour.blogspot.com (click)

Sometimes we’re caught by the law of unintended consequences … and sometimes we’re saved by it.

Righthaven is a law firm widely portrayed as copyright trolls trying to shake down bloggers and commenters for reproducing  news stories published by Stephens Media.  According to David Kravets in WIRED 20 June, ‘copyright litigation factory’ Righthaven has sued more than 200 websites, bloggers and commenters for copyright infringement. More than 100 have settled out of court.

Righthaven’s fortunes faced a big setback earlier this month when a US federal  judge found that publishing an entire article without the rights holder’s authorization was a ‘fair use’ of the work.

Wow. I’ve had a little bit to do with copyright infringement litigation, pursuing some plagiarists for appropriating (i.e. reproducing and claiming as their own) material from several of my authors, one of my books and articles.  The plagiarists’ ‘mistake’ was four-fold: (1) extensive word for word copying (2) total lack of attribution (3) bad choice of ‘victim’ and (4) badly mis-handling our request to them to put things right … thinking they could bully/brazen it out.

In their anguish/urgency to find some dirt — anything they could fling back as a ‘counter-suit’ — the defendants in our case  first latched on a hare-brained ‘Contempt of Court’ allegation — even petitioning the Attorney General to intervene (desperate, huh?). That move provoked laughter in law offices in Auckland and Wellington (and more ka-ching! for the lawyers on all sides). Of course the AG declined to become involved.

Then, when reality set in and our case was settled (briefly discussed here in ‘Mr Phil Jones: re-heating cold horseshit’) the fabled fantasist tried to manufacture a ‘copyright infringement’ scandal of his own, alleging that some fully-attributed, acknowledged extracts/references to another author’s work in a book I published amounted to the very same ‘sin’ of which I’d accused Richmastery. (The creaky old ‘Peter is such a hypocrite!’ defence.)

Again, desperate, huh? The attributed inclusion was ‘fair use’ for the purposes of criticism and review, the author in question and his publishers apparently felt, which totally made sense — it consisted of less than 300 words … 22 of which were his name (eight times!), the book title, and the publisher’s firm, if I recall).

All that is background to my comments about today’s new development in Righthaven’s ‘copyright infringement’ case.

Don’t tell lies

The finding referred to above, about publishing an entire article in the context of promoting discussion on the web qualified as ‘fair use’ is huge. Further,  U.S. District Judge Philip Pro’s finding that  Righthaven did not produce any evidence that the market for the original article was ‘harmed’ by that non-commercial use (so ‘fair use’) is also significant. It’s not enough to prove attributed copying is copying, where’s the commercial ‘harm’? Continue reading →

It’s only ‘propaganda’ if you’re talking about the other side, right, Carrick?

A few days ago in the context of the public discourse around plain packaging legislation for tobacco products, No wonder tobacco co.s are SQUEALING … I briefly mentioned a PR flack who appears to be an advocate (paid or unpaid? Not clear) for Tobacco manufacturers.

Trust your (spin) doctor: 'Your throat protection against irritation against cough.' Riiight.

This spin doctor* Carrick Graham follows me on Twitter and vice versa, [UPDATE Mon 4 July: Oops, not any more see http://twitpic.com/5l0kzg.] so I’d noticed his tidbits invective stream of slanted argument towards the tobacco plain packaging legislation ramping up … and prior to that observed his baiting of anti-smoking groups like ASH. I reached a personal conclusion (not rocket science) that this guy seems to peddle Big Tobacco’s talking points.

Today he let his Tweetstream know that he’s quoted in the NZ Herald today as a ‘public relations spokesman’ for ex Hanover Finance partner Mark Hotchin, who I last referred to Defamation? Or law of consequences? and before that in Fallen hero? (click here for a full list of Hotchin/Hanover mentions here at ThePaepae.com).

It appears this flack has joined/taken over from Klaus Sorensen, who, when acting as a ‘spokesman’ for Mark Hotchin and addressing the controversial Paratai Drive mansion PR disaster was reported as uttering these immortal lines, belying his earlier description as ‘the NZSE’s number one spin-doctor‘:

We’re not saying why it’s being sold, we’re just simply saying that it’s going to be sold and people are just going to draw their own conclusions,” Mr Sorensen said. “I mean, the reasons are probably pretty obvious.” — NZ Herald 26/6/10

Today’s Hotchin spin doctor Carrick Graham wanted to let his Twitter followers know about the Herald story that reported someone (ahem) has set up a locked Twitter account for Mark Hotchin (ooooh, who?), and also a reputation damage control website to give ‘his responses to various issues that will no doubt be arising in the next few months’ and to help address repetitive ‘misinformation’ about Hotchin in the media.

The Herald said the website was launched ‘yesterday’ … but Deep Throat from Parnell told us all on Twitterthe site has been live for 5 months‘. (Oops. No one noticed? Perhaps it’s one of those special covert PR campaigns?)  Hanover Finance already runs an opinionated ‘news’ page on its website which tackles media injustice as it sees it — mainly by regurgitating agreeable blog comments (PDF 300 kb). Perhaps this is a new ‘strategy’?  Continue reading →

Richard Nixon’s dirty dirty tricks alive and well in 2011

I’m still reading Nixonland by Rick Perlstein, initially prompted by the mention of Fox News’s Roger Ailes‘s early work as a Nixon operative. Ailes is credited with teaching Nixon how to succeed in the world of television — by bending reality, faking news events and running highly staged ‘impromptu’ candidate meetings with ‘off the cuff’ Q&A sessions, rigging the game and so deeply controlling the slavering press — cynically mastering the medium.

Gee it’s a good book but the tale it tells is AWFUL … and the detail of the ‘dirty tricks’ goes so far beyond fair play it’s almost unbelievable! The cynicism, the criminality, the paranoia, the determination to crush ‘enemies’.

The description of the Republican/Nixon campaign’s machinations and dirty tricks (stealing campaign stationery and sending out smearing gossip, untrue rumours,misinformation, fake invitations, venue changes, phoney travel schedules, ordering cars and food to be delivered to opposing campaign HQ) and darker, malevolent tactics — tricks collectively called ‘ratfucks’ within the Nixon camp, and carried out by ‘ratfuckers’ — remind me of some of the stunts we see here in NZ politics.

George W Bush’s henchman Karl Rove makes an appearance as sleazy political saboteur. Gee, way back then, I thought. The die is cast.

All of which put attempts at de-stabilising personal abuse I’ve read in various right wing/National Party blogs (not just puerile put-downs of Auckland Mayor Len Brown by his instinctual political enemies) into a context.

Clearly, dirty tricks and devious lies are not an aspect of politics only limited to the right wing. Obama’s Chicago machine (and John F Kennedy’s before him) have been accused of all sorts of skulduggery. True? Dunno. Possible I guess.

I find myself again struck by the desperation of today’s Republican political campaign to do anything, say anything they can to discredit Barack Obama, or to build on negative prejudice against him (or Michelle, seen as a threat too). From Sarah Palin’s “death panels” campaign and the bare-faced lies propagated by opponents of the Democrats’ health care reform. Consider all the BS about the birth certificate and any other manufactured controversy. It’s a dirty, dirty game and some operators will lie crookedly for the slimmest of political advantage. And so we have Fox News.

Nixon 300w

But let’s be clear about one thing: in this partisan war the ‘issue at issue’ could be anything. The tribes don’t really care what they are fighting about … just that they are at war, and that ‘at war’ ness becomes inextricably bound up with their own sense of identity.

In my comments on the ‘Appeal to decency‘ post I quoted part of an article by Johann Hari: The Republican Party Is Turning Into A Cult which encapsulates a lot of my own thinking about these matters — chiefly, the trenchant misinformation and lies (let’s call a spade a spade) deliberate ignorance and misuse of ‘religious faith’ as a justification of near-hysteria based on lies and falsehoods.

Johann Hari puts his finger on something important:

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How I wish I had the talent to make a point like this so well

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“Men are idealized in comics, too.” Oh really? Like this? Megan Rosalarian Gedris makes her point. With panache. (click)

Via Tim Carmody’s Snarkmarket blog, this awesome argument with illustrations demonstrates the sexist double-standard operating in (sigh) comics … merely a microcosm/reflection of wider society.

It’s an argument (discussion, really) that’s been running for a while … and is worth following if you care. But my point is the way Megan Rosalarian Gedris has pretty much aced her proposition that the “idealisation” of men in comics is in no way equivalent to the ‘treatment’ women are given. Her illustrations and the use of parody (men in tights) are undeniable… a tour de force which only the most hardened could resist.

Bravo!

-P

Google’s ‘circles’ model for social networks

Google’s ‘plus’ (Google+) although only in trial, has two things right: (1) not all social media ‘friends’ are created equal, and (2) Facebook makes it too hard to filter your FB connections to deal with that reality. So, in another effort to leverage/operate in the social media ‘space’, they’re pushing Google+ …

+Circles: share what matters, with the people who matter most
Not all relationships are created equal. So in life we share one thing with college buddies, another with parents, and almost nothing with our boss. The problem is that today’s online services turn friendship into fast food—wrapping everyone in “friend” paper—and sharing really suffers:

  • It’s sloppy. We only want to connect with certain people at certain times, but online we hear from everyone all the time.
  • It’s scary. Every online conversation (with over 100 “friends”) is a public performance, so we often share less because of stage fright.
  • It’s insensitive. We all define “friend” and “family” differently—in our own way, on our own terms—but we lose this nuance online.

In light of these shortcomings we asked ourselves, “What do people actually do?” And we didn’t have to search far for the answer. People in fact share selectively all the time—with their circles.

Google +: recognising things you want to share aren't relevant to every one of your social media network 'connections' (click to watch 2 minute intro video)

Watch their ‘quick look’ video (below the fold), and (tuning out the schmaltzy, deep-and-meaningful, ‘inspiring’ dialogue) they show how their project is going to make it way easier to filter your ‘friends’… if enough of them join in …
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No wonder tobacco co.s are SQUEALING …

I follow a guy on Twitter who seems to be an apologist or spin doctor (paid or unpaid, I don’t know) for tobacco interests. This self-described ‘Public Affairs and Issues Management Specialist’ has been salting his tweets with messages baiting anti smoking groups like ASH (are they listening? Dunno) and filling the echo chamber with this-is-the-end-of-civilisation-as-we-know-it type fear and loathing or oh-my-god-don’t you-understand-this-is-about-freedom? alarm messages* — all, it seems, prompted by the ‘plain packaging’ legislation being slowly introduced in Australia. We already have similar laws in New Zealand (since 2008) although still with some manufacturer branding. See images below.

New Zealand cigarette packet warnings. Yuk.

I read today that Philip Morris has filed a lawsuit seeking to block the Australian ‘plain packaging’ legislation. They claim a move to ban cigarette makers from printing their logos, promotional text or colorful images on cigarette packs, and instead feature large health warnings and full-color images of the possible ill-health consequences of smoking violates their intellectual property! Pfah! Huffington Post:

Hong Kong-based Philip Morris Asia Limited, which owns the Australian affiliate Philip Morris Limited, filed a notice of claim on Monday arguing the legislation violates a bilateral investment treaty between Australia and Hong Kong.
The tobacco company says the treaty protects companies’ property, including intellectual property such as trademarks. The plain packaging proposal severely diminishes the value of the company’s trademark, Edwards said.
“Our brands are really one of the absolute key valuable assets that we have as a company – it’s what helps us compete, it’s what enables us to distinguish our products,” Edwards said. “This move … would essentially amount to confiscation of our brand in Australia.”

Ew. What an Australian packet could look like. The Tobacco companies say they're outraged their LOGO & colourful BRANDING isn't allowed on the packet. Diddums. (Photo: AP)

Oh dear. Let’s face it: Tobacco consumption kills and maims people. Is there really any doubt about that in 2011?  Faced with the bill for the ill-health and destruction the distribution of tobacco products cause, the Australian government wants to reduce that harm, and (like the NZ government) has progressively banned smoking inside public bars, theatres etc. and reduced the marketing avenues for this special-case death-inducing product — this legal (for now) addictive toxin — the end of sports sponsorships, billboards, role-model advertising or attractive healthy young skinny people in ads …

It seems the tobacco industry will clutch at every last straw* as it drowns inch by inch in the first world, while at the same time, apparently, setting out to conquer fresh green pastures in the third world where it can peddle its poisons untrammelled.

Get rid of them.

– P

* Like this: “If passed, this law threatens free market principles and amounts to a government seizure of what is often a company’s most valuable asset – its trademark,” said ALEC’s International Relations Task Force Director Karla Jones. “The law is alarming because it is inconsistent with Australia’s obligations in several international agreements to which Australia is a signatory.  ALEC fervently hopes that Australia will re-evaluate this misguided policy before it spreads.” — American Legislative Exchange Council.  Good grief.

Disclosure: I have had several close relatives who have died from the effects of cigarette smoking — notwithstanding generations of obfuscation and denial by tobacco companies and their crooked professionally one-eyed researchers and marketers. Theirs is a simply unethical business, in my view, akin to drug-pushing. When used in accordance with the manufacturers’ instructions, the product causes death. (Why is that even legal?)

Juxtaposition

What is this advertising? Any idea?

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Harawira: Fortune favours the brave

What do we take from ‘rebel’ MP Hone Harawira winning his by-election? … Even with a ‘slashed’ majority — from 6,000 to 867.

Wait and see. Let the punditry begin.

It must certainly be a victory sweetened by the decision by the Electoral Commission to register his new party, meaning he will be a ‘leader’ of his one MP party in Parliament, and more significantly, mean he can claim more taxpayer funding “as the leader of a party than as an independent MP.”

Oh boy.

 

Black hat techniques

Dilbert.com

Reminded me of Review: An odious little volume

– P

Totally worth reading article on writing. (Refs Autism/Asperger)

Here’s a very worthwhile article with valuable tips on writing (check the comments stream for more!) It’s by Steve Silberman who wrote The Geek Syndrome for Wired magazine, which we discussed in passing in 2009. Anyway…

… I’m finally writing a book of my own.
The subject of my book is autism, the variety of human cognitive styles, and the rise of the neurodiversity movement. The seed of the project was an article I wrote for Wired in 2001 called “The Geek Syndrome” about autism and Asperger syndrome in high-tech communities like Silicon Valley. I’m happy and humbled to say that it was an influential article, and I still get email about it from the families of kids on the spectrum and from autistic people themselves, though it was published more than a decade ago. — Steve Silberman

Man, I’ll read his book! In the meantime, read his article,  Practical Tips on Writing a Book from 23 Brilliant Authors if you care…

Steve Silberman shares secrets. Really.

I recently sent email to the authors in my social network and asked them, “What do you wish you’d known about the process of writing a book that you didn’t know before you did it?”….

…A few things became clear as soon as their replies came in. First of all, I’ll have to throttle back my use of Twitter and Facebook to get this writing done (and I may never rev up my idle Quora account after all.) Secondly, scheduling intervals of regular exercise and renewal amid the hours of writing will be essential. And thirdly, I’ll certainly be buying and downloading a software program called Scrivener, which is a powerful word processor specifically designed for writing books and keeping vast amounts of related data in good order.

Amen to Scrivener. Brilliant tool. I can’t recommend it highly enough for long form writing and projects that are growing and evolving. (And they’ve got a Windows beta out now — which is a development since we last discussed Scrivener.) DEVONThink gets a plug in the comments.

– P

Alan Hubbard – what the hell?

I’m not a raving fan of Alan Hubbard, but I don’t have an intelligent basis to be a detractor, really, either.

This article from the NZ Herald’s Fran O’Sullivan What odds for a fair trial for Hubbard? makes some good points.

Worth a read.

– P

Getting around ad blockers …

We discuss web browser ad-blockers like Safari Adblock here from time to time, and since I use one routinely I enjoy a pretty much ad-free environment … so of course the heat is on to find ways to get around it. Here’s the Huffington Post’s latest attempt … ‘sponsor generated content‘:

Slipped through the Safari adblocker...

Still, without Safari Adblock look how much real estate is sacrificed to ads (Chrome) …

 

How is a ‘free’ web media service to operate with cheapskates like me eschewing the distraction of interruption marketing?

It’s a conundrum, huh?

– P

Another dose of financial hyperbole …

An occasional commenter here on ThePaepae.com, known as ‘Xav’ here and at PropertyTalk, did some homework on ‘bargain’ US properties being assiduously hawked by property spruiker Dean Letfus to his database and via the internet  …

From Dean Letfus’s list of Atlanta properties:

Address . . . . . . . . . . . . . . . .Price. . . . . Rent. . . . Yield (after costs)

4881 Amsler Rd, Ellenwood . . $85,000 . $1,100 . . 10.01%

From Google:

For sale for $25,000

Thanks for the opportunity Dean, but I don’t think so .

If this is taken at face value: a USD$60,000 margin between what the property is selling for on Realtor.com (two listings at USD$25,000) versus Dean Letfus’s ‘hot off the press’ ‘Atlanta list’ @ USD $85,000 — it surely demolishes Dean Letfus’s supposed status as a ‘bargain property’ finder … that’s an amazing markup.

Do you think that $60,000 margin would go towards the ‘oh-no-that’s-not-a sales-commission-they’re-just-proprietary-fees‘ we discussed earlier?

[Looks like you can take the boy out of Richmastery but you can’t take Richmastery out of the boy. Jeez.]

I was struck by this tweet in my timeline tonight….

Brian Alvey sardonically explains that more made-up stuff is expressed on spreadsheets than novels ...

 

I download Dean Letfus’s ‘Atlanta list’ from his sales site to look for myself. In one case, as Xav highlighted, it  apparently offers a house at USD $85,000 — USD $60,000 more than the USD$25,000 asking price for the same property elsewhere — but he describes the list like this:

“This is hot off the press so apologies for the formatting, but the numbers are all correct.”

What a coincidence. Dean Letfus supplied his 'Atlanta list' as an Excel document.

Oops, it’s an Excel documentFiction?

If there’s been a misunderstanding or misinterpretation of the details of this property, let me know please. Otherwise, 340% seems like a HUGE mark-up, don’t you think?

– P

Howick’s latest NIMBY hysteria

[NIMBY = Not in my back yard.]

You may recall my post about the forces of [small-c] conservatism seeking to block an expression of Maori culture in the heart of Howick (where I live) despite support for it and an enlightened, respectful approach being taken by local Maori, their supporters and the local authority. The end result of the trenchant, truculent, long-term campaign by opponents to the rebuilding of a small community-owned meeting house (whare) — used mainly for programmes for local school kids — saw Howick’s community so-called ‘leaders’ (cough) fairly regarded as indulging in ‘a full-blown race war’.

Now Howick is in the media again with local politicians (the usual suspects) threatening to use the same failed tactics trotted out to try to stop the whare reinstatement in the Garden of Memories.

This time, they’re protesting and agitating about what can fairly be seen as a ‘not-in-my-backyard’ (NIMBY) reaction to Ministry of Education plans to establish a special unit — Thurston Place College —  helping school college-age kids from abusive backgrounds on the grounds of a site they formerly used for primary school kids with special needs.

Bucklands Beach residents make their point at the Howick Local Board meeting last night. (pic: TV3)

By Elizabeth Puranam TV3
Protests have continued tonight over a school for troubled children being built in an east Auckland suburb.
Residents of Bucklands Beach say the school poses a threat to their children and neighbourhood, and they’re planning on taking their fight to Parliament.
It was standing room only today as hundreds of Bucklands Beach residents met for the fourth time in less than two weeks to protest the building of Thurston Place College.
“New Zealand has a safe environment and a good education system,” says Yugen He. “That’s the main reason we moved here, but this college will create a lot of risk to our children.” Continue reading →

Jon Stewart on Fox News – Is this Crossfire Part 2?

This year’s version of Jon Stewart’s intelligent, robust examination of clichéd, reactive, shallow, artificially partisan media and, to a certain extent, a dollop of intellectual humiliation for its players (Think Crossfire’s Tucker Carlson in particular) occurred on Sunday.

Heralded with headlines like “Jon Stewart Eviscerates Fox News On Fox News“, “Stewart in the Lion’s Den” or “Jon Stewart LIVE On Fox News, Tells Host ‘You’re Insane’” Stewart’s interview with Fox News Sunday host Chris Wallace is fascinating — at least it is for those (like me) who consider matters like media bias and sensationalism and the very real ideological ‘game’ Fox News plays real issues …

Jon Stewart lifts the intellectual discussion on Fox News and calls them out for their relentless partisan ideological agenda and dishonesty (click to watch video)

Stewart is so much more than ‘a comedian’ … bravo.

Video (courtesy of Fox News) below the fold.
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