Burning Man Responds To EFF's Criticism of Policy
Briden writes "Earlier this week, we discussed the EFF's criticism of the Burning Man Photo Policy. Burning Man has now responded at length on their own blog. Here's an excerpt: 'In fact, there are but two essential reasons we maintain these increased controls on behalf of our community: to protect our participants so that images that violate their privacy are not displayed, and to prevent companies from using Burning Man to sell products. We don't remove images from pages just because they criticize us (I've never been involved in taking down an image from an editorial blog criticizing Burning Man, and it's certainly not because there haven't been any!). We're also not at all interested [in] preventing participants from sharing their personal imagery or impressions of the event on third party sharing sites in a noncommercial manner, so long as they observe the concerns about privacy and commercialism. We're delighted to see people sharing videos, stories, and pictures on our official Facebook page, and we know that it, along with Flickr, YouTube, Vimeo, etc. are representative of the way many of us share personal imagery in the digital age.'"
I liked Burning Man a lot more when it was called "touring with the dead". Precisely the same amount of drugs, spectacle and enlightenment, except for about 300 bucks less per person.
Just how the heck can they claim privacy concerns for a public event in a public space? If people wish to do something in private I suggest that they do it alone in a place where only they can go.
Let them own the pictures and everything else. Anyone with an ounce of intelligence should move on to another even tor start their own.
Since when did you have to buy tickets for Burning Man? I thought it was a counter-culture, anti-corporate, neo-society experiment out in the middle of nowhere that sounded like a really cool idea. Now they're saying that they're trying to 'keep it real' and prevent crass commercialism by... putting a highly restrictive EULA on the tickets they're selling for the event at anywhere from $280 to $450?
For that matter, now they're saying they're building a community/city out in the desert. Since when do you get charged a fee for walking into a city?
I was actually thinking about going to Burning Man this year. It sounds like I already missed the good years.
I have followed Burning Man for many years. I have not attended myself, so maybe I am not qualified to comment, but in the best Slashdot tradition......
I have enjoyed hearing tales of Burning Man from my friends, and I find the images a videos facinating. However it is now clear that the organizers are interested in money, and by attempting to prevent others from capitalizing on the event, are positioning themselves to do the same.
Like the famous funeral held in Haight-Ashbury in 1967 to protest commercialization of the movement, Burning Man should recognize that their creative cycle has come to the point where the appropriate thing to do is bring it all home and walk away.
Burning Man, we knew ye well.
Kurt
the fact remains that on nothing more than BM's whim they can claim ownership of the copyright of someone else's work be it a photograph, video or whatever.
Once they've claimed the best items for themselves, I imagine, they could be used to promote the Burning Man Event itself. If there are any items that cast a poor light on the event they can be claimed and put in the can, never to be seen again.
This boils down to corporate greed and censorship.
Flame on!
In fact, there are but two essential reasons we maintain these increased controls on behalf of our community...
If there are only two cases where you need that control then specify those two cases in the terms and conditions. Don't just include a blanket "we can make you take them down for any reason and then we own them" clause.
I bet this all started when pictures of someone's boobies got online and mom & dad found out.
*Dad at work*
"Hey Jim, check out this boobie parade thing!"
"Whoah niiiice... wait-a... what the hell!! Susieeeeeee NOOOOOOOOOOOO!!!!!"
Cwm, fjord-bank glyphs vext quiz
If you have a rule written in a way that allows for broad range of interpretation, yet you claim that you only enforce within a narrow range, then it is incumbent on you to rewrite the rule to only cover that narrow range. Otherwise that rule or law can be selectively enforced or more harshly enforced later.
Never trust a vague or partially enforced rule or law. They are quite often used against the citizenry or "community" later.
I remember this coming up a number of years ago when they first put this clause in the ticket sale license. It was discussed to death back then and so it's kind of funny to me that it has suddenly come up again. The (possibly apocryphal) reason that my more in-the-know burner campmates told me way back when:
The year before a bunch of guys went around with a video camera and tried to release a "Girls of Burning Man" video in the style of "Girls Gone Wild". This was widely viewed as poor form. So the organizers put the clause in specifically to nip that kind of behavior in the bud. They didn't want people (women in particular) to have to worry about unwittingly becoming part of some cheesy softcore porn video.
There. Now go play some cool javascript games!
...and I really didn't enjoy ia at all & I fall into the target group (male 20-30). There seems a belief too that anyone who doesn't enjoy it is either thick, against violence or especially 'doesn't get the message behind it'. Well, none of those apply to me. In this flawed film, I understand that it was any of: a)a group of young men rebelling against a Borgeousie consumerism society. b)one man seeing how he is totally dissatisfied with life and how his mind tries to change things or c)people stopping to watch Cornelius fight himself because voyeurism is human nature the film makes a deliberate attempt to make the viewer feel guilty for being a voyeur. (I'll come to that later)
You can take your pick really, whatever way, I still find it crap. Any film (Shawshank Redmeption excepted) which concerns 'one mans' anything, generally creates no emotion in me other than boredom. The whole tagline to the film makes me want to puke: "one 30 year old man's journey of self-discovery." So what? Are we supposed to sympathise with Norton because of this? I'm sorry but I have sympathy in films with people dying, or who's family have been killed. John Hurt triumphing over cancer in Champions, Tom Hanks in Saving Private Ryan, thousands of others. Even Norton himself actually in the brilliant American History X. In the 2nd half, I sympathise with him for the life he has found himself with.
But in this (and I find myself saying the same as I did with the equally awful American Beauty) Just because some blokes fed up & having a midlife crisis we're supposed to feel for him. Oh diddums. The only film where this premise has worked brilliantly is 'It's a Wonderful Life' with James Stewart. He was in crisis (and justifyably too) but never resorted to any of the levels stooped to here. (That might seem a weak point, but It's just come to me & I can't put my finger on exactly why Wonderful Life is so far superior to Fight Club in tackling a midlife crisis, but they are as far extreme as you can get) I'd also question whether we're all voyers? For every moron that slows down on a motorway to look at an accident on the other side, there's a 100 or so that can't believe the stupidity of it.
There are countless flaws too. The scene prior to the car crash wouldn't have worked? Who was Norton talking to? with the passengers there? Where did he acquire his knowledge of soap from? Would people have watched 1 bloke fighting himself? and much more too. Ok, maybe one or 2 of those have answers but I couldn't find them. I think to really enjoy this film, you have to have clicked or empathised with the main character, and if you did, I feel a bit sorry for you. It would however account for the popularity of such things as marriage guidance councillors, drugs, footballers agents, even to a degree religion (but only when it becomes absolutely fanatical & life revolves around it).
Maybe it's just me & I'm fortunate but so many people seem unable to get through the little problems that life throws up on their own & without help of any kind anymore, like inventing a friend for one thing. I know plenty of people who like this, intelligent some of them, so I've no problem with people who enjoy 'Arty & deep' films with psychological meaning to them. I just don't. But not through failing to understand them, Just merely through not connecting with characters who suffer problems like a 'mid-life crisis for non deserving reasons'. On top of all of that, it was a very slow film too.
Captcha: analfucking
-=Ethanol-fueled=-
What I got from reading TFA was that Burning Man's lawer (who used to be head lawer at the EFF) has found this to be the most reasonable way to accomplish their goals. They looked at many other ways, but the choices they have are limited by the law. They continue to have discussions on how to not take too much away, but their lawers haven't figured it out yet.
More transparency would be nice. This blog post was a good start, although something formal describing what they are attempting and why they chose the option they did would be even better IMO.
Seems like "Privacy" is the new go-to excuse for people who want to make unreasonable / unusual demands about photographs. We care about our attendees' privacy so much that we want to own pictures of them! Even if we didn't take them, we want to own the pictures of them - for their own protection! It's for your own good, move along now. I'm seeing a vague and ironic similarity with the shopping malls who CCTV your every move but claim personal photography is forbidden to protect their customers' privacy. Sure, we want to own pictures of everyone - but you can trust us! Somewhat unlike the shopping malls, I can believe that this is probably true of the Burning Man organisers - they may very well be trying to protect their attendees and have no ill intent.
They may very well have good intentions. They want to restrict your freedom of expression but only in good ways! As creative people, though, if they want to prevent abuse of imagery from their event maybe they ought to have thought twice before giving themselves easily-abusable powers. Maybe they believe themselves pure enough and hard enough to corrupt from an organisational standpoint that this isn't a risk. They may also have a point in believing that a strength of the event is being somewhat "disconnected" from the usual freedom to take and display photographs. Maybe this is sufficient to justify these restrictions.
At the end of the day though, their attendees are creative people and should, hopefully, be able to just Burning Man by their actions - what their policy is *and* how they choose to enforce it. I don't think they're being entirely reasonable but then I won't be going anyhow ;-)
If privacy is so important why parade around nude or in outlandish costumes then? Every social phenomenon seems to morph from spontaneous fun to organized event to incorporated enterprise. Didn't BM start out as just one guy burning a large scale wooden stick figure that he built himself along the beach in California? Now look at it. Note to social engineers: You can't organize and control anarchy or direct spontaneity.
"If you want to know what happens to you when you die, go look at some dead stuff."
I know. EULAs are evil. But, this is not your garden-variety EULA. This is an EULA expressly designed so chicks can feel comfortable *running around topless.*
Can we just take a deep breath and stow the nerd-rage on this one?
I'm obviously not going to name any
Why not? Don't want to "ruin" a good thing? Bah, says I! I'll name one, then. kaZantip is a somewhat hedonistic music festival held on the Crimean peninsula in Ukraine. It's becoming a lot more commercial now (aren't they all?) but it's still a lot of fun if you're into the scene.
Also, it's filled with beautiful Ukrainian & Russian women that really enjoy their sunbathing.
Check out the photo gallery for more.
The message is still the same, a bunch of people who always claim that all censorship is bad even if its is to protect society claiming that their censorship is alright to protect their society.
If you are against CCTV you can't put CCTV up in front of your house. If you are against speed bumps, you can't petition to have one put in place in your street.
This measure is nothing more then censorship and using extreme draconian laws to do it.
Considering the supposed background of the Burning Man event that is hypocrasy in the most extreme sense.
It does not matter in this discussion wether you agree with the measure. At issue is WHO is implementing the measure. It would be like greenpeace running its ships on whale oil. You might be pro-whale-hunting but would still have to say that such a measure would be completly and utterly wrong.
MMO Quests are like orgasms:
You may solo them, I prefer them in a group.
"no no we're the good guys we're doing it to stop the big bad corporation and greedy people. IT"S FOR YOUR OWN GOOD."
Any time someone's position boils down to it's for your own good, they're a liar. It may be for some reason they consider noble and altruistic but what is in your best interest is exercising your free will and when people restrict free will in another it is in their best interest not yours.
Burning Man may be a wonderful thing I've never gone but don't for a second believe anyone is helping you out by restricting what you can do. I don't even necessarily thing they shouldn't try to restrict you but I'm offended by the rationale corporations, religions, third world dictators, and now naked, desert hippies use when rationalizing why they're doing some form of mild evil or evil light if you will.
As a disclaimer, I work for a mega-corp, belong to a religion and hope to someday be a third world dictator surrounded by naked, desert-hippy chicks so it's not like I'm against these types of folks on principle, just for the love of all that is good quit telling me you're limiting me for my own good.
The entire purpose of BurningMan, LLC is to get people to not go. This is why the event is held in mid summer in the center of an inhospitable and very dusty desert hundreds of miles from civilization, with a steep entry fee, and the rules and regulations are totally outrageous. Despite all this, a few thousand people still show up. I hear that this year they will institute mandatory strip searches at the gate, and next year drug testing.
Join the window installer's union, where prosperity is a brick throw away!
These rules are probably in place because after people come down from their drug trips they are horrified to see naked pictures of themselves on the internet. I am sure the naked woman dancing at burning man on its wikipedia.org page probably isn't thrilled to have that honour.
-
I believe people ar missing a valuable opportunity to address the matter of legal protection for photography. I do know there are some extensive protections in place for the photographer but I am unaware of comprehensive coverage for the subject or creator of a subject matter that is photographed. It would be ridiculous to have to place NDAs or EULAs on our persons or art works but while art galleries do have some additional legal protections in place, public events may not.
One last note, burning man is actually a private event which happens to be permitted to occur on public land. I would recommend reading articles and background materials before starting a flame war!
Such typical responses...
First of all the photo policy is rarely, if ever used. When it is, it is because some asshole went to the event with primary intent of taking pictures of nude people so they can sell them. That we don't tolerate, period, end of discussion. You don't like it, don't by a ticket.
Ticket prices? Ever wonder it costs to pay for porta-potties for +-50,000 people and have them serviced twice a day? Go here and read the afterburn reports, they contain a full accounting of what it costs to put this event on. Give you a hint, it is over 1 million dollars just so people can take a shit.
And yes, I attended the even for 5 years running, and I worked for the event, so yes I know of what I speak.
Hey KID! Yeah you, get the fuck off my lawn!
Concise version: Just trust us. We'll only use the power wisely.
Moderating "-1, Disagree" is simple censorship. Have the guts to post your opinion.
Taking a glance at those photos, I would pay more money for the vast majority of them to put their clothing BACK ON.
Suppose Disney did this. Which they could. Then they could squelch embarrassing videos like this one of the aftermath of a monorail crash. You can see guests trying to get the driver out of the wrecked monorail as the clueless Disney employees try to stop someone from photographing the crash.
The problem is that Burning Man wants to censor videos at their absolute discretion. If they had a set of standards on what was acceptable, that would be reasonable, but, as is typical with EULA agreements, they overreached.
Back in '98, I was accosted by the Burning Man photo police for taking a picture of my >own tent. The guy demanded I produce a press pass because he deemed my old medium format film camera to be "professional-looking."
http://www.copyright.gov/title17/92chap2.html
"(a) A transfer of copyright ownership, other than by operation of law, is not valid unless an instrument of conveyance, or a note or memorandum of the transfer, is in writing and signed by the owner of the rights conveyed or such owner's duly authorized agent."
SCO has been trying to get around this since 2003. The APA contains no such language that the Unix copyrights were ever transfered to SCO from Novell, much to SCO's dismay.
An EULA is not a contract. It is not a conveyance of copyright signed by the ticket holder/owner of the photographs. The BMO cannot own your photographs simply because you bought a ticket. The BMO (not me) is making nice, because I think someone told them they don't have a leg to stand on.
--
BMO
...or shut the hell up, because you really have no clue what you are talking about. Most of these posts sound incredibly misinformed. I've been to burning man 10 times since '96 and I'm happy BMO has taken steps to limit the use of the event by unscrupulous people who wish to profit from exploiting people at the event who are trying to experience just a bit more freedom than is welcome outside of burning man. I've seen outrageous and awesome things at BM, and to exploit those things for profit would be to prevent unique and wonderful situations from happening there in the future. People at burning man can and do express themselves in ways not possible outside of burning man, and to record video and sell it as a 'girls gone wild' type product is just plain wrong. It has happened before, and this is what prompted BMO to take action in this way. I can say with full confidence that BMO is only trying to protect itself and the citizens of black rock city from this type of exploitation.
This isn't a EULA at all. It is standard contract that you agree to in the standard way when you purchase a ticket. There is no reason I can't sign away my copyright to a work if I choose to, or place limitations on how I distribute these works.
The reasons that people object to these terms (and I don't blame them) have nothing to do with the objections to EULAs.
Wow, it amazes me how many comments start or end with "I don't go to Burning Man, but I know how that community should work." No, you don't. You don't have any idea what Burning Man is.
People keep saying it's a public event in a public space. No, it is not. It is a private event on leased land.
People keep saying these are their photographs in question. No, for the most part they are not. When you take a picture of a non-public figure on private property without consent where the subject matter is primarily that person, you do not have full exclusive rights to that photograph -- it is not "yours" in the legal or moral sense. When you take a picture where the subject is primarily someone else's work of art, particularly on private property, you do not have full exclusive rights to that photograph -- it is not "yours" in the legal or moral sense. When TIVO misappropriated the Linux kernel, where were all you screaming, "This is TIVO's software!" No, it wasn't.
People keep saying they've never been, but they think it sucks now and used to be better. WTF?!? What would you say to someone who said, "I've never read Slashdot, but it's just a bunch of teenagers talking about Miley Cyrus, so it sucks."
Nearly fifty thousand people will haul everything it takes to survive for a week in one of the most barren and hostile environments on the planet in two weeks. You don't know shit about why we do it, and what we have to attempt to make it work. The United States legal and cultural systems are completely fucked and make it incredibly hard for Burning Man to work. Yet we still try, and we get pretty goddamned close to what we are trying to achieve. So until you've been there, until you've been through a four hour dust storm, watched it destroy half your camp, and come out smiling because that dust storm means you are home (and your in-camp DJs didn't drop the beat the whole time) -- you don't know what you are talking about.
Stop-Prism.org: Opt Out of Surveillance
Pardon me, but what the fuck is Burning Man?! Is it a bunch of LARPing faggots?
It's not that you don't remove images from pages for your stated reasons, it's that you could. I prefer situations where it simply can't happen at all. Too often I've been burned otherwise by promises of, "Oh that will never happen with this legislation..."
"It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
Thanks. I thought I needed to make that post.
BTW, what's up with most of the posts from burners being ACs? I've never thought of Slashdot as an environment where one needs to be secretive about liberal counter-culture affiliations... quite the opposite actually.
I've only been once, back in '01, and I loved it. (Even if it was basically impossible for me to do anything other than sit in a shade structure and drink water when the sun was out. The night, of course, is another story.) I would go more often, but it requires both time AND money, and I find it difficult to actually have both of those things at the same time.
Knowledge != Intelligence
Good luck with that. You want an event open to everyone and who are also free to do (nearly) anything but you still have an expectation of anonymity and privacy? How are you gonna manage that? This just isn't possible IMHO. Just face it BM has morphed into a commercial event these days just like Lollapalooza and Coachella or the Newport Jazz festival have. (For you students of anarchist political theory please note that this how a state entity evolves into being.)
"If you want to know what happens to you when you die, go look at some dead stuff."
100% completely dead wrong.
Everything that they claim is wrong with the world is wrong with their policy.
They are claiming ownership of every photo taken at burning man? That is the most over broad grab of copy righted material that I have ever heard of. It goes so far beyond MPAA and RIAA that it is insane.
And we are supposed to just trust that they won't over reach on their already insane policy? No. Hell no.
Just make it easy on yourself. You made a mistake. Recant and give everyone back their copy right again.
Feel free to email me and let me know. I'm fucking bored.
-Clio
Karma: Bad (mostly from not giving a fuck)
Blog: http://clintjcl.wordpress.com