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Hugo Awards Live Stream Cut By Copyright Enforcement Bot

New submitter Penmanpro writes news of the Hugo Awards stream being unintentionally cut off by some AI gone awry: "Quotes from the linked article 'UStream's incorrectly programmed copyright enforcement squad had destroyed our only access.' 'Just as Neil Gaiman was giving an acceptance speech for his Doctor Who script, "The Doctor's Wife." Where Gaiman's face had been were the words, "Worldcon banned due to copyright infringement."'"

393 comments

  1. The Doctor's Wife by Sulphur · · Score: 4, Funny

    Is nothing sacred?

    1. Re:The Doctor's Wife by Anonymous Coward · · Score: 1

      That episode was absolutely outstanding.

    2. Re:The Doctor's Wife by Bremic · · Score: 2

      Looking forward to the Oscars being blocked and going dark all over the world.
      Though it's possible no one would notice.

    3. Re:The Doctor's Wife by crafty.munchkin · · Score: 2

      I wholeheartedly agree - it and Blink are my two favourite episodes.

      There simply aren't enough facepalm.jpg's on the entire internet for this story, and Ustream in particular... but this one comes pretty close!

      --
      ... wait, what?
    4. Re:The Doctor's Wife by Anonymous Coward · · Score: 0

      You might try cobbling together a working ceremony with various bits of personal recordings, camera snapshots, and security footage...

    5. Re:The Doctor's Wife by roc97007 · · Score: 1

      I would watch just for that.

      --
      Oliver's law of assumed responsibility: If you're seen fixing it, you will be blamed for breaking it.
    6. Re:The Doctor's Wife by wonkey_monkey · · Score: 1

      I think this one is more apposite!

      --
      systemd is Roko's Basilisk.
    7. Re:The Doctor's Wife by Briareos · · Score: 1

      Is nothing sacred?

      What, you mean like Mrs. Columbo?

      Nope.

      --

      "I'm not anti-anything, I'm anti-everything, it fits better." - Sole

  2. Fitting. by Seumas · · Score: 0

    Hard for me to get upset at this, considering how out of their mind the publishing and literature industry frequently is when it comes to copyright, themselves.

    1. Re:Fitting. by MickyTheIdiot · · Score: 4, Informative

      It was a convention and it was for fans... so I don't agree with you on this.

    2. Re:Fitting. by Jah-Wren+Ryel · · Score: 5, Interesting

      It was a convention and it was for fans... so I don't agree with you on this.

      DRM is all about fucking over the fans.
      The sooner they learn that, the better.
      You can't buy targetted "advertising" as good as this.

      --
      When information is power, privacy is freedom.
    3. Re:Fitting. by Mabhatter · · Score: 1

      Except any other day it would be these same publishers/producers giving a shrug when it happens as "no big deal".

      Streaming only works for the big networks... If its not covered on TV (and streamed by a network ditectly) then it's not important enough to worry about. The bots work for the BOSSES of these people... To protect their interests... In this case protecting the interests of the bosses by limiting speech of the artists... For their own good!

    4. Re:Fitting. by PopeRatzo · · Score: 1

      It was a convention and it was for fans... so I don't agree with you on this.

      The entire point of the current copyright regime is to screw over fans, so I don't see how this is inconsistent.

      I set the over-under on the first Intellectual Property Wars with human casualties at 2017. Smart money is on the under.

      --
      You are welcome on my lawn.
    5. Re:Fitting. by Seumas · · Score: 1

      A convention for the fans to promote the industry that has its own issues with draconian and myopic copyright views.

      I'm not suggesting that two wrongs makes a right, but I'm certainly suggesting that I have less sympathy for hypocrites.

    6. Re:Fitting. by fustakrakich · · Score: 3, Insightful

      Yeah, way under... sometime in the last century, or way before that even. If you mean a shooting war, then maybe you're a little closer. But hell, we're still not seeing enough resistance to the war on drugs (the cold, cruel 'eastern front' of the war on people). Defense of our rights will require a multipronged attack on the corrupt state.

      Quiz: How many DHS keywords are in this post?

      --
      “He’s not deformed, he’s just drunk!”
    7. Re:Fitting. by Impy+the+Impiuos+Imp · · Score: 0

      AKA "Exterminate!"

      Sadly, that's how copyright goes. Unlike patents, with copyrights, if you fail to defend an instance you discover, it can be used against you. Good luck convincing the Klingon High Council to change.

      Oops, wrong show.

      --
      (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
    8. Re:Fitting. by Shadow99_1 · · Score: 4, Informative

      Erm copyright has no requirement to defend it. Not going after someone that infringes copyright won't hurt any future cases either. Trademark is the only 'IP' type that requires you defend it or it hurts your standing in court.

      --
      we are all invisible unless we choose otherwise
    9. Re:Fitting. by budgenator · · Score: 4, Interesting

      The point should be that the Hugo Awards hold the copyright to their awards ceremony, which includes distribution rights; by the erroneous blocking of the stream, Hugo's right to distribute was grievously infringed. That infringement like any other infringement should by remedied by the assessment of considerable monetary penalties.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    10. Re:Fitting. by thePowerOfGrayskull · · Score: 2

      It was a convention and it was for fans... so I don't agree with you on this.

      Oh, I agree.
      The more often this kind of thing occurs, the higher profile the victims are... the better.

      Eventually, I can hope that a tipping point will be reached. When it happens to enough people in positions of influence, maybe we will start to see change.

    11. Re:Fitting. by Anonymous Coward · · Score: 0

      I don't think the tipping point will happen before the civil war does in the USA...

    12. Re:Fitting. by Ira+Sponsible · · Score: 1

      According to OO.o, there are 85 words in this post, all of which are DHS keywords. Some of these words are duplicated, so, if I were you, I'd expect a knock on the door pretty soon.

      --
      1.Netcraft confirms:In Soviet Russia all your base welcomes a beowolf cluster of CowboyNeal overlords. 2.? 3.Profit!!1!
    13. Re:Fitting. by Drgnkght · · Score: 1

      Given that the U.S. civil war started in 1861 that would be a really safe assumption.

    14. Re:Fitting. by Kjella · · Score: 1

      The point should be that the Hugo Awards hold the copyright to their awards ceremony, which includes distribution rights; by the erroneous blocking of the stream, Hugo's right to distribute was grievously infringed. That infringement like any other infringement should by remedied by the assessment of considerable monetary penalties.

      Nonsense. Nobody else distributed their show, so their rights were not violated. They don't have any rights to use UStream's service for their distribution, only an agreement and I'm sure the free service says they can stop any stream for any reason at any time.

      --
      Live today, because you never know what tomorrow brings
    15. Re:Fitting. by sumdumass · · Score: 1

      I think he is one of those ron paulians or99% 'ers who thinks there will be another civil war in a few years because the Egyptians and Libyans did it and the Syrians are trying.

      I've heard the claims of up coming civil wars from several distinct sources of people. It's generally the extreme libertarians who think the government has too much control and is too invasive in every day life and doesn't do the will of the people and the extreme socialist who think the government needs to provide more and doesn't listen to the people. The interesting thing is their point of agreement seems to be the government not listening to the people but what they want them to listen to seems to be completely at odds. At the risk of being modded down, I would liken this to Dumb and Dumber playing cowboys and Indians on the school yard by one group acting like bulls and the other group acting like tech support call centers you cannot understand..

    16. Re:Fitting. by Anonymous Coward · · Score: 0

      Not streaming anything is never copyright infringement; it could be breach of contract depending on the terms that the event organizers and ustream drew up.

    17. Re:Fitting. by fa2k · · Score: 1

      There is no right to force others to publish your free speech. You can't sue me if I don't put your video on my server.

    18. Re:Fitting. by desdinova+216 · · Score: 1

      I would've thought the tipping point would've been a few weeks ago when this http://science.slashdot.org/story/12/08/06/1613211/nasas-own-video-of-curiosity-landing-crashes-into-a-dmca-takedown happened

    19. Re:Fitting. by Anonymous Coward · · Score: 0

      really? monetary penalties?

      you do realize that there was a free tier and a paid tier. the free tier uses an automatic copyright monitoring system so that it does not cost the company a lot of money to provide a free service. and the awards were "broadcast" over the free version... and you think monetary damages are in order? get a grip and relax. :)

    20. Re:Fitting. by greenreaper · · Score: 1

      They were still showing ads on the free tier. It''s not like they weren't making money off of it (though probably not a lot).

    21. Re:Fitting. by budgenator · · Score: 1

      No but if you had a speech, arranged with a publish for publication, and then I as a third party stopped your publisher from completing the printing after it started by falsely claiming I owned rights to insignificant portions, you would certainly think that I had infringed on your rights.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    22. Re:Fitting. by chrismcb · · Score: 1

      Hugo's right to distribute was grievously infringed.

      Uhhhh, what?
      While there might have been a breach of contract between Hugo and Ustream, UStream is under no obligation to distribute anything from anyone.

  3. usteam isn't responding. by MickyTheIdiot · · Score: 5, Informative

    UStream aren't even bothering to respond to complaints.

    This is the sort of thing a site deserves to get a black eye for.

    1. Re:usteam isn't responding. by jythie · · Score: 4, Interesting

      I wonder if they could be gotten for breach of contract.

      The problem with these bots is how the people setting the policy weigh the risks.. they fear the content owners suing them more then their customers. But if you are failing to provide a service that you have been contracted to provide, then that opens up a new area of liability that I do not think customers have been pushing enough.

    2. Re:usteam isn't responding. by number11 · · Score: 1

      UStream aren't even bothering to respond to complaints.

      So would Worldcon have standing to sue UStream for libel? False (and public) accusations in writing should qualify.

    3. Re:usteam isn't responding. by cpu6502 · · Score: 1

      >>>I wonder if they could be gotten for breach of contract.

      They CAN be sued, but I doubt the WorldCon would win the case due to the DMCA (U.S. law). They are granted immunity for implementing procedures to protect copyrighted material (in this case: Doctor Who). On the other hand maybe the Worldcon would be lucky enough to find a judge who doesn't like the DMCA, but I doubt it. They have to run reelection campaigns just like any other politicians, and they wouldn't want to pissoff their corporate backers.

      The problem here is that Ustream, Youtube, and other don't program their AI bots to recognize fair use (snippets of a program are okay).

      --
      My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
    4. Re:usteam isn't responding. by ldobehardcore · · Score: 2

      So it's not illegal to do a DMCA takedown on a recording/stream of someone mentioning something protected by copyright? (eg: You just said the name of a famous fantasy novel trilogy involving people of lesser stature, you also quoted four lines of a poem found in the trilogy. You owe me money now since you've caused irreparable damage to the owner's copyright!)

      --
      Hectice, baby, Mercator says hello to you
    5. Re:usteam isn't responding. by cpu6502 · · Score: 0

      I also want to comment that we have Too Much entertainment in the world.....more than any one person can keep-up with (I have a whole hard drive full of movies, tv shows, and books I'll probably never read). We don't need stronger enforcement of artistic works to encourage more productivity. We need less artistic productivity.

      --
      My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
    6. Re:usteam isn't responding. by cpu6502 · · Score: 1

      I have no idea what you're talking about, but here's what actually happened: The Worldcon played clips of the show Doctor Who, and the AI Bot interpreted that as BBC-copyrighted material (because it is). And under DMCA ustream.com is given immunity, just as youtube or googlevideos or any other streaming site is given immunity when they mistakenly takedown material.

      Perhaps the WorldCon could claim breach-of-contract and sue to have their money refunded. That might be a possible avenue they could win.

      --
      My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
    7. Re:usteam isn't responding. by Anonymous Coward · · Score: 0

      The law should be altered to include equal jeopardy. If you issue a takedown of a copyrighted material that isnt yours to control, then you have violated the owners copyright and therefore you should pay damages to the copyright owner. By interfereing with the copyright owner's ability to grant rights to others, you are not protecting the owner but harming him. Therefore, there is no protection and no immunity. The idea here of immunity is goofy. You demand, up and down, people be responsible but then say, well, that's too much for my friends. The pretense of good (but bad) intentions, incompetence and an excuse cut out of cardboard is exactly they way you like to see things turn out. Carry on.

    8. Re:usteam isn't responding. by LocalH · · Score: 1

      They are only given immunity if they actually follow the DMCA. Doesn't seem like that's the case here.

      --
      FC Closer
    9. Re:usteam isn't responding. by jythie · · Score: 2

      Thing is, DCMA wouldn't be in play yet. This was a private company proactively stopping content they were paid to carry. While yes, they are required to implement a process for taking down infringing material, that requirement is not a blank check to welch on a contrat.... so, legally at least, 'we were just trying to comply with the safe harbor provision' does not negate the negative effects of that implementation. They are still liable for them... in theory at least.

    10. Re:usteam isn't responding. by jythie · · Score: 1

      That would indeed help even out the risk a bit more.

    11. Re:usteam isn't responding. by Anonymous Coward · · Score: 1

      If not breach of contract, how about defamation and slander! they effectively called the organizers of the event criminals and did that in a very public manner with no evidence.

    12. Re:usteam isn't responding. by rtb61 · · Score: 4, Insightful

      Based on that you can shut down any live streaming event with a good old fashioned boom box. Copyright bots beware fun is to be had.

      --
      Chaos - everything, everywhere, everywhen
    13. Re:usteam isn't responding. by Anonymous Coward · · Score: 0

      That's gotta be the funniest thing I've read in a while.

      I hope you realize you don't have to read everything that has been written, and you don't have to watch every movie that has been produced? Sounds like you have a bit of a OCD problem.

    14. Re:usteam isn't responding. by budgenator · · Score: 1

      Except ustream didn't protect copyright, they infringed on the Hugo awards copyrights, they're right to distribute. When you pull the plug on a live events, it's not like you can say "Oops my bad, just carry on" because the event is live only once.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    15. Re:usteam isn't responding. by Solandri · · Score: 5, Insightful

      They CAN be sued, but I doubt the WorldCon would win the case due to the DMCA (U.S. law). They are granted immunity for implementing procedures to protect copyrighted material (in this case: Doctor Who).

      Since when? DMCA doesn't require you to run bots which instantly take down content which the AI thinks is infringing. DMCA only requires you to take down in a timely manner content in response to violation claims by a copyright holder. There's no requirement that this be a bot. It can be a guy reading emails listing video ID numbers and manually disabling them. So long as he completes the task in a timely manner.

      If you decide to let the media companies run bots on your servers for their convenience, that's entirely your own decision. And the liability for any screwups by said bots rest entirely with you.

    16. Re:usteam isn't responding. by Anonymous Coward · · Score: 0

      BUT THAT IS HOW THE LAW IS WRITTEN!

      If your content is taken down, you send a counter-notice, which basically reads "you tell X site to put that content back up in Y days, or we are seeing you in court ASAP." The rights-owner then has to let up or actually sue you to keep it off.

    17. Re:usteam isn't responding. by TechForensics · · Score: 1

      I wonder if they could be gotten for breach of contract.

      That's what class actions were invented for. But republican legislators have cut back the situations in which class actions can be filed. If enough disgrunted fans agree they can hire a lawyer to check if class action is possible. If it is and they file one, companies like Worldcon could learn to be just as afraid of consumers as they are of Big Media.

      --
      Those are my principles, and if you don't like them... well, I have others.
    18. Re:usteam isn't responding. by Anonymous Coward · · Score: 0

      ...and next year use a distribution service in a free coutnry.

    19. Re:usteam isn't responding. by frovingslosh · · Score: 1

      This is the sort of thing a site deserves to get a black eye for.

      A black eye? You think they should be able to interfere with perfectly legal feeds that others have labored and paid for, and then just get a little loss of reputation when that happens? I believe that they deserve a lot more than a black eye (unless you ment that very literally).

      --
      I'm an American. I love this country and the freedoms that we used to have.
    20. Re:usteam isn't responding. by tftp · · Score: 1

      So would Worldcon have standing to sue UStream for libel? False (and public) accusations in writing should qualify.

      Libel - unlikely. However for breach of contract - certainly (unless the contract is written such as UStream is only responsible for timely collection of the fee.)

      Organizers of the event, as I understand, specifically hired UStream to broadcast the event. The organizers had all the necessary licenses for broadcasting licensed materials. UStream was not supposed to interfere, not any more than a TV station is responsible for awarding penalties in a football match.

      The broadcast was interrupted, and the fault of the broadcaster is undeniable. Organizers of the event incurred a large loss because the whole event is held for one only reason - to capture eyes, ears and minds of the audience. Otherwise the awards could be shipped with UPS Ground. I would expect the organizers to sue UStream for (a) failure to prevent the interruption and (b) for doing nothing to correct the problem.

    21. Re:usteam isn't responding. by Anonymous Coward · · Score: 0

      DMCA doesn't get them out of breach of agreement problems.

    22. Re:usteam isn't responding. by number11 · · Score: 1

      So would Worldcon have standing to sue UStream for libel? False (and public) accusations in writing should qualify.

      Libel - unlikely.

      I didn't see it so I don't know, but I'm assuming they actually did put up a title that said "Worldcon banned due to copyright infringement". If they actually claimed in writing that Worldcon infringed copyright (I didn't see it myself), it seems to me that they should be vulnerable to that charge. What more do you need? It's false, it's defamatory, and it's in writing.

    23. Re:usteam isn't responding. by galaad2 · · Score: 4, Informative

      Perhaps the WorldCon could claim breach-of-contract and sue to have their money refunded. That might be a possible avenue they could win.

      Even if they win, the refund in this case would be ZERO because that's exactly how much WorldCon paid to ustream for streaming the event. There was no special contract with ustream, WorldCon CHOSE TO USE a free anonymous streaming account and that comes automatically with copyright-enforcement protection, this was explained by ustream on their blog:


      http://www.ustream.tv/blog/2012/09/03/hugo-awards-an-apology-and-explanation/

      As background, our system works like this in order to support a large volume of broadcasters using our free platform. Users of our paid, ad-free Pro Broadcasting service are automatically white listed to avoid situations like this and receive hands-on client support.

      translation: since WorldCon was not white-listed that means they decided to stream the live event without signing and paying for a dedicated contract with the broadcaster and as a result were applied the regular copyright filter that regular anonymous broadcasters were subjected to.

      --
      root@127.0.0.1
    24. Re:usteam isn't responding. by tftp · · Score: 1

      What more do you need?

      It must be worth pursuing.

    25. Re:usteam isn't responding. by azalin · · Score: 1

      If it makes me grinning for more than a minute I am to assume I am not allowed to do it. (Yes I know this is not the original quote)

    26. Re:usteam isn't responding. by TheRaven64 · · Score: 2

      The people pushing for this kind of law argue that virtual goods are equivalent to physical ones in terms of being counted as property. How about we extend this to another metaphor: vigilante action. If I put a spiked trap in front of my door to deter burglars and the postman falls in, then I am liable for prosecution. These private law enforcement squads should have the same level of liability.

      --
      I am TheRaven on Soylent News
    27. Re:usteam isn't responding. by Captain+Hook · · Score: 1

      It must be worth pursuing.

      As a shot across the bows of other companies who might also be going beyond the law to prevent bogus copyright infringment, it is worth pursuing.

      --
      These comments are my personal opinions and do not necessarily reflect the opinions of the other voices in my head.
    28. Re:usteam isn't responding. by tftp · · Score: 1

      Sure. But you are presuming that the legal department of a megacorporation is willing to spend their own coin for the general welfare of humanity. I wish it were so.

      As far as this armchair lawyer understands, the lawyers will be sent after offenses that are (a) easy to prove and (b) clearly caused demonstrable harm. You can easily make a bulletproof case that wrongful termination of a broadcast caused harm to the business. But I don't think you can easily show that the libel even was there. You don't have the guilty mind - the algorithms in question have no mind. You would have to accept that the defense will claim an accident (which it was) and that no sentient, sapient human was involved with the libel. You would then have to show separate harm that resulted, and you would have to justify the penalty for the libel, and the judge has to agree... the penalty will be probably less than the money spent on trying this particular case.

      When a company has a strong, obvious case of breach of contract - that can bring them millions, easily - they don't need to try a minor claim of libel that had no human involved. The main case, however, has humans everywhere - humans that signed up to do what they couldn't do; humans that misconfigured the broadcast so that it went through the DRM AI bots; humans that neglected to rein those bots in; humans that ignored the problem and singlehandedly decided that fulfillment of the contract is something "optional" and "not important" because it was a holiday. That case would be extremely strong, and the organizer of the show may end up owning UStream lock, stock and barrel.

    29. Re:usteam isn't responding. by Havenwar · · Score: 1

      We also by the same standards have too many women, too many websites, too much food, too much air, too much clothes, too much... everything. You're not expected to consume ALL the entertainment that is produced, and in fact most of the entertainment that is produced isn't even expected to be to your liking - it's aimed at OTHER people, other demographics.

      One thing I'll agree we have way too much off, is idiots. But we're human, it comes with the territory. We're all a little bit of an idiot... at times. Some just make more a full time commitment to it. Some fill entire lives with it.

    30. Re:usteam isn't responding. by Havenwar · · Score: 1

      Actually the Hugo awards was using ustream's unpaid open service, and have absolutely no business relationship whatsoever with ustream. Ustream has the full right to cut the free service any time they want, it's their service. Much like how I could offer you the use of my lawn to proclaim your opinions on, and then tell you to get out of there for whatever reason I wanted, whenever I wanted, without ever infringing on your rights to free speech or whatever.

      So it's not a case of "oops my bad", it's a case of "You got what you paid for."

      Paid customers of ustream are whitelisted, and not checked for copyright infringement. Ergo, the fault is entirely in the hands of the Hugo Awards, who chose the service and to use the free rather than paid model.

      That doesn't mean I agree with copyright infringement detecting AI and that whole wasp-hive, but that has nothing to do with this particular incident.

    31. Re:usteam isn't responding. by shentino · · Score: 1

      Except sometimes the hosting pulls out their ToS and exercises their right to unilaterly dump whatever they don't like, consider who has more legal muscle, and shun whoever would lose.

    32. Re:usteam isn't responding. by erroneus · · Score: 1

      So the article was updated. They responded. The update says "okay, so they discarded Vobile." Only they didn't. The quoted CEO says they suspected the service pending recalibration. This means they intend to use it again once it's "fixed."

      The fix should be "use people to make decisions." The morons are risking their livlihood and businesses on software. "What could possible go wrong?"

    33. Re:usteam isn't responding. by erroneus · · Score: 1

      This was not a DMCA takedown. It was something else.

    34. Re:usteam isn't responding. by Anonymous Coward · · Score: 0

      Where's Anonymous when you need them??

    35. Re:usteam isn't responding. by icebraining · · Score: 1

      What contract? UStream says they weren't even using a Pro account.

    36. Re:usteam isn't responding. by icebraining · · Score: 1

      The "morons" are only using Vobile for free accounts. Guess what, if you rely on a stream, maybe you should actually pay for it?

      "users of our paid, ad-free Pro Broadcasting service are automatically white listed to avoid situations like this"

    37. Re:usteam isn't responding. by Richard_at_work · · Score: 1

      A right to distribute does not equate to a right to be distributed. No Hugo Awards copyrights were infringed here, because under copyright law no such legal basis for "right to be distributed" exists.

      The most you can claim is breach of contract.

    38. Re:usteam isn't responding. by Anonymous Coward · · Score: 0

      Based on that you can shut down any live streaming event with a good old fashioned boom box. Copyright bots beware fun is to be had.

      Absolutely amazing idea. The 99% "The Illuminator" can use this to great effect.

    39. Re:usteam isn't responding. by metacell · · Score: 1

      Then why do we need copyright to stimulate the production of literary and artistic works?

    40. Re:usteam isn't responding. by metacell · · Score: 1

      Ustream may have the right to cut their service at any time, but it's wrong to say they don't have a business relationship with their users. If there was no business relationship, there'd be no need for a service agreement, which almost every free service has, from Facebook to Google+.

      With free (as in beer) services, the end-user *does* offer the service company something in return. In legal terms, they agree to be bound by the service agreement in exchange for access to the service. In practical terms, the user sacrifices, for example, their privacy so the service company can gain ad revenue. There may be no exchange of money between the end-user and the service company, but the end-user provides a service to the company as much as the company provides a service to them.

      This is an important distinction, because it *is* possible, under the current legal system, to sue someone for failing to provide a "free" service (if the service company hasn't successfully disowned all responsibility in the service agreement).

    41. Re:usteam isn't responding. by Havenwar · · Score: 1

      Well yes, but if you think they've gotten this far without having a "get out of temporary outages" clause in their TOS, then you're pretty naive.

    42. Re:usteam isn't responding. by TubeSteak · · Score: 1

      Awwwwwwww.... they removed and disabled commenting.
      Google Cache to the rescue!

      copypasta'ed here: http://pastebin.com/XVj6CS1W

      They also updated the original post:

      As background, our system works like this in order to support a large volume of broadcasters using our free platform. Users of our paid, ad-free Pro Broadcasting service **UPDATED CLARIFICATION and those users who notify Ustream in advance they have rights permissions (however Ustream's messaging to our broadcaster community is not as clear as it should be. We are resolving this now) are automatically white listed to avoid situations like this and receive hands-on client support.

      --
      [Fuck Beta]
      o0t!
    43. Re:usteam isn't responding. by number11 · · Score: 1

      I don't think you can easily show that the libel even was there. You don't have the guilty mind - the algorithms in question have no mind. You would have to accept that the defense will claim an accident (which it was) and that no sentient, sapient human was involved with the libel.

      Mistake or buggy software, yes. Accident, no. If I have a bot that scrapes the web for random names, and accuses them of being rapists, and posts the results on a public website, it's not gonna make any difference that I didn't personally have a "guilty mind" if it "accidently" accuses someone who's not a rapist. They knew, or should have known, that their filter would make false positives. They should have taken that into account before permitting their bot to make public accusations of copyright infringement.

      When a company has a strong, obvious case of breach of contract - that can bring them millions, easily - they don't need to try a minor claim of libel that had no human involved.

      True. But we don't know what the contract said, and it almost certainly had a "hold harmless" clause. I'm thinking that libel is something that would likely trump anything the contract said. And the Hugo Awards aren't gonna get millions for a contract violation even in the unlikely case that they do have a good contracts lawyer.

      The main case, however, has humans everywhere - humans that signed up to do what they couldn't do; humans that misconfigured the broadcast so that it went through the DRM AI bots; humans that neglected to rein those bots in; humans that ignored the problem and singlehandedly decided that fulfillment of the contract is something "optional" and "not important" because it was a holiday.

      Of course. And it's not just Ustream, it's the bots that make false DMCA claims and probably a lot of other perpetrators that don't come to me at the moment. The problem is, people think that just because they automated something, that absolves them of responsibility for results that are entirely predictable. Of course, Ustream would probably "solve" the problem by just blacking out the targets of their bot without any explanation, rather than by making the bot more accurate or having a human check its results.

    44. Re:usteam isn't responding. by sumdumass · · Score: 1

      The DMCA only gives them immunity from copyright violations if they follow take down issued by copyright right holders and people or entities with rights to act on the copyright holder's behalf. They get immunity from damages incurred by the take down when they provide a way to reinstate the claimed offending material and actually allow that to happen within 15 days (if they ban the user without reinstating that material they lose the immunity from damages unless the copyright holder explicitly states they are going for an injunction).

      The purpose of the DMCA's immunity is not to stack the law for or against someone. It is to allow network operators who are neutral to remain neutral without exposing themselves to liability. The problem here is, the DMCA does not exempt the copyright holder or anyone making the claim from any liability. When companies like youtube or Ustream take on the role of enforcement, they are essentially becoming the agent of the copyright holder and do no get an exemption of liability under the law from claiming something is in violation. Fair use of not, the DMCA does not give them immunity for the works of their bots.

    45. Re:usteam isn't responding. by sumdumass · · Score: 1

      Not to mention that the safe harbor provisions do not exempt the issuer or claimed infringer from liability. It only provide a set of steps a network provider can take that gives them immunity if they follow them and act on the copyright holder or claimed infringer's behalf upon written notice.

      If any company implement's their own copyright detection scheme, they end up acting as the agent of the copyright holder and the DMCA gives no exemptions to that agent. The purpose and intent of the DMCA take downs was to specifically provide neutral networks the ability to remain neutral and not be in violation of the new laws.

    46. Re:usteam isn't responding. by cpu6502 · · Score: 1

      >>> You're not expected to consume ALL the entertainment that is produced, and in fact most of the entertainment that is produced isn't even expected to be to your liking - it's aimed at OTHER people, other demographics.

      So in other words: We don't need copyright to stimulate entertainment's production. We already have too much of it. It would be like handing-out stimulus to encourage people to have sex..... you don't need that stimulus.

      --
      My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
    47. Re:usteam isn't responding. by Havenwar · · Score: 1

      Well, personally I agree with that, I think copyright is a crock of shit and if it existed at all it should be in the five-ten years range, and if it had to be longer then under no circumstances should it be transferable to anyone but the creator, nor should it be able to continue after their death. But that's another issue.

      On the other hand your jumping to conclusions. What if the current abundance of entertainment is BECAUSE we have copyright? I know, it's playing the devils advocate, but you can't assume it isn't - there's no data on it.

    48. Re:usteam isn't responding. by dee3 · · Score: 2

      As usual, it is more complicated than this. I believe the World Science Fiction Society (the entity that franchises each year's WorldCon) normally maintains its Ustream account in the free "trial" mode because normally they are not streaming anything. However, many viewers were anticipated for the Hugo Award ceremony in Chicago and the account was upgraded for the month of September to the Starter level for which a fee was paid.

    49. Re:usteam isn't responding. by erroneus · · Score: 1

      The users *ARE* paying for it. Since when is ad-based viewing NOT paying for it? In fact, they did their advertisers a huge disservice by cutting off the audience from the products and services being advertised.

      It's only free if advertisements have been blocked.

    50. Re:usteam isn't responding. by NemosomeN · · Score: 1

      I agree 100%. Ustream should be liable for all medical bills incurred because of the blocking, as well as punitive damages, which usually means treble damages. Once the criminal suits are settled, the civil suits for wrongful death, injury, and emotional distress will start to roll in.

      Just like a spiked trap in a doorway.

      Also, your mailman opens your door?

      --
      I hate grammar Nazi's.
  4. Future of the internet. by girlintraining · · Score: 5, Funny

    I think copyright systems like this are [This comment has been removed due to copyright violation.] What's even worse, the government [This comment has been seized by the DHS, FBI, and Intellectual Property bureau. The user has been charged with violations of the....] Well, screw them. I'll fight them with my last bre[This comment has been forwarded to law enforcement for making terrorist threats under statute...]. And you should [Alert: Your antivirus has detected that this comment contains political views that may harm your brain. To prevent damage, it has been automatically removed.]

    --
    #fuckbeta #iamslashdot #dicemustdie
    1. Re:Future of the internet. by Anonymous Coward · · Score: 0

      Well, at least the Bureau of Morality didn't trim your comment. I got the "screw them" part of the message. Give it a few more years.

    2. Re:Future of the internet. by IndustrialComplex · · Score: 1

      [This comment has been seized by the DHS, FBI, and Intellectual Property bureau. The user has been charged with violations of the....]

      You've been charged with something tangible? That's an improvement. My understanding is that these things were being seized even before charges were filed. (if they were filed at all)

      --
      Out of modpoints but really liked a post? 1BDkF6TtmmeZ3yqXbz9yhdYVqRYnwFoXDj
  5. Insert Obligatory Gordon Dickson Reference by rcjhawk · · Score: 2

    Actually, "Computers Don't Argue" is available in many places online, but I wouldn't want to link to one of them and have Slashdot vaporized by a Dalek.

    1. Re:Insert Obligatory Gordon Dickson Reference by hraponssi · · Score: 1

      AI gone awry, banning Doctor Who. I think the Dalek are already here.

  6. let them shit in their beds by Osgeld · · Score: 1

    eventually someone is going to look at it and notice

  7. Bender sez: by fustakrakich · · Score: 2

    "Hey foxy lady, you wanna kill all copyright?"

    Long past time to do that... but the opportunity awaits...

    Evidently, if you want upstreaming done properly, you gotta do it yourself. This one deserves a nice fat lawsuit.

    How much longer are we going to passively let our rights be gobbled up by the corporate managed state?

    --
    “He’s not deformed, he’s just drunk!”
    1. Re:Bender sez: by MickyTheIdiot · · Score: 1

      Or, you know, someone at UStream actually paying attention to the goof.

      Do they really have no humans working there over a holliday weekend?

    2. Re:Bender sez: by Jason+Levine · · Score: 4, Funny

      Given that this happened during a speech about a Doctor Who episode, the proper reference is:

      EXTERMINATE! EXTERMINATE COPYRIGHT BOTS!!!!

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    3. Re:Bender sez: by RocketRabbit · · Score: 1

      A lawsuit? Don't you suppose that when the Hugo Awards people signed up with Ustream that they agreed to the terms of service, which basically allows them to do anything they want?

      If they wanted a reliable service they should have created one themselves. This is a good lesson for anybody who wants to outsource any IT services outside their own organization.

  8. The real reason he was cut off by Anonymous Coward · · Score: 1

    The AI is a fan of Community, and pretty bitter over Remedial Chaos Theory's loss.

  9. like soviet russia and nazi germany by Joe_Dragon · · Score: 1

    This copyright systems are like soviet russia and nazi germany.

    It time to stand up for OUR 1st amendment rights!

    1. Re:like soviet russia and nazi germany by girlintraining · · Score: 5, Insightful

      It time to stand up for OUR 1st amendment rights!

      The first thing to understand about human rights is it doesn't depend on the law of men to validate them. You have the right to freedom of speech, expression, and religion, regardless of what your government says. You have it regardless of whether the Constitution allows it or not, or even exists. You have it, because you're a human being. That is the definition of a human right: There are some laws higher than those of men.

      Stop thinking of this as an American problem, or a legal problem. It's an ethical problem -- and the greatest advances of the 21st century won't be in science or technology, but in expanding the concept of what it means to be human. That, good sir, is your fight. You are not alone.

      --
      #fuckbeta #iamslashdot #dicemustdie
    2. Re:like soviet russia and nazi germany by Anonymous Coward · · Score: 0

      of course the 1st amendment would only count against a government entity censoring, not because some company was too chickenshit to take the chance.

    3. Re:like soviet russia and nazi germany by MickyTheIdiot · · Score: 4, Insightful

      Or, you know, actually limiting human rights to *actual* people, not legal fictions.

    4. Re:like soviet russia and nazi germany by DarkOx · · Score: 2

      Well yes we believe that or did so we created a legal document that spelled it out and was supposed to set up a government that would make it happen. To bad its become so corrupt. Your human rights might be ethically inalienable but they certainly are not practically.

      Why enough men with badges and guns can probably force you do or not do just about anything. Which was the Bill of Rights and Constitution were so novel it was an attempt to use the men and guns to protect those rights rather than trample them, it was to give them the force of law. So it is very much a *legal* problem and for those of us in America, its very much and American problem.

      We need to recapture control of our government and legal system from the special interests and cartels. Because if we don't control those things, and have people who behave ethically running them all our rights are just a bunch of words of little value; well until someone copyrights them anyway.

      --
      Repeal the 17th Amendment TODAY! Also Please Read http://www.gnu.org/philosophy/right-to-read.html
    5. Re:like soviet russia and nazi germany by Anonymous Coward · · Score: 0

      That post gave me Freedom. :D

    6. Re:like soviet russia and nazi germany by Tom · · Score: 2

      First, there are no laws higher than human laws, period. Fortunately, good lawmakers have known that for a long time. The Constitution says "self-evident", not god-given or such drivel. The UN declaration of human rights makes no reference to a higher power, either.

      Second, they are HUMAN rights. Taking them away from the non-humans that have begun to rule our world, such as corporations, institutions and foundations, is the first step towards human freedom.

      --
      Assorted stuff I do sometimes: Lemuria.org
    7. Re:like soviet russia and nazi germany by retchdog · · Score: 1

      chickenshit in the face of laws enforced by government. you're not as clever as you think you are.

      --
      "They were pure niggers." – Noam Chomsky
    8. Re:like soviet russia and nazi germany by SuperTechnoNerd · · Score: 2

      "and the greatest advances of the 21st century won't be in science or technology, but in expanding the concept of what it means to be human. That, good sir, is your fight. You are not alone."

      You Sir are on the right track.
      The desire of humans to have free and unfettered access to information and ideas and share them are a part of our nature. I see this as a core concept of a more individual human oriented - perhaps even a utopian society. The internet is the spark that has started us in this direction. It is the first real platform for thees sort of human advancements. It is this reason why the internet , as a whole, scares so many in power. They see this "spark" too and need to destroy it. They need to control everything and everyone for the the bottom line - profit and power. So our government(s) gives out monopolies (copyrights and patents) on that which should be as free as the air we breathe - information and ideas. But the genie is out of the bottle and people are starting to (hopefully) get a good whiff of the shit that's being shoveled on us , and how bad it stinks...


      http://harmful.cat-v.org/economics/intellectual_property/

    9. Re:like soviet russia and nazi germany by SuperTechnoNerd · · Score: 1

      "You Sir are on the right track."

      My apologies,
      You girl, are on the right track. :)

    10. Re:like soviet russia and nazi germany by Anonymous Coward · · Score: 0

      The enumerated 1st Amendment, by the standard of the US's founding Fathers, is an inalienable right. See The Declaration of Independence. Your notion of a "human right" isn't new.

    11. Re:like soviet russia and nazi germany by Roderic9 · · Score: 1

      It time to stand up for OUR 1st amendment rights!

      The first thing to understand about human rights is it doesn't depend on the law of men to validate them. You have the right to freedom of speech, expression, and religion, regardless of what your government says. You have it regardless of whether the Constitution allows it or not, or even exists. You have it, because you're a human being. That is the definition of a human right: There are some laws higher than those of men.

      Stop thinking of this as an American problem, or a legal problem. It's an ethical problem -- and the greatest advances of the 21st century won't be in science or technology, but in expanding the concept of what it means to be human. That, good sir, is your fight. You are not alone.

      An excellent expression of the fundamental point about human rights. Too many people seem to think that the need of society to constrain the expression of one's rights (for the good of society) means that those rights are confered by society and do not exist otherwise. If that were a valid viewpoint, then I would be forced to conclude that there is nothing wrong with the freedoms inherent in, say, Iranian or Chinese society.

    12. Re:like soviet russia and nazi germany by cheekyjohnson · · Score: 1

      If that were a valid viewpoint, then I would be forced to conclude that there is nothing wrong with the freedoms inherent in, say, Iranian or Chinese society.

      That doesn't make any sense. You as an individual have opinions. The fact that you don't believe in natural rights doesn't mean your opinions about what rights you think people should have simply vanish. So no, you would not be forced to conclude that there's "nothing wrong" with those things.

      --
      Filthy, filthy copyrapists!
    13. Re:like soviet russia and nazi germany by Anonymous Coward · · Score: 0

      Absolutely. Thanks to the swift advancement of technology, the human rights issues with copyright law are becoming apparent to more and more people. When the law contradicts such basic rights, it doesn't say anything about humans or morality, but rather about law itself.

  10. Show me the money by Anonymous Coward · · Score: 0

    Falsely claiming copyright is fraud. Since copyright owners sue, why not have the copyright owners sue this outfit for fraud?

    1. Re:Show me the money by jibjibjib · · Score: 2

      UStream did not falsely claim to own the rights, they just claimed that infringement occurred. It's wrong, but it's not fraud.

    2. Re:Show me the money by number11 · · Score: 2

      UStream did not falsely claim to own the rights, they just claimed that infringement occurred. It's wrong, but it's not fraud.

      Right. It's not fraud, it's libel.

    3. Re:Show me the money by Anonymous Coward · · Score: 1

      isn't falsely claiming infringement illegal? if not, it definitely should be.

    4. Re:Show me the money by someones · · Score: 1

      If not, lets abuse it till this whole copyright and patent shit drops dead!

  11. Re:Site related by Anonymous Coward · · Score: 0

    Then what do you think you should stop viewing /. with?

  12. Silly humans. by VortexCortex · · Score: 1

    The Intangible Machine Invasion has been underway for quite some time. Just now you're realising who's really in control, but it's too late. The machines rule you, from stop lights to legal fiction -- You must obey: We have brainwashed servants to act as organic gears of enforcement. It's all over for you. Step aside and let evolution take its course.

  13. Unintention? Gone Awry?? Incorrectly programmed??? by Taco+Cowboy · · Score: 4, Insightful

    C'mon !

    Just look at how TFA has been worded !!

    Hugo Awards stream being unintentionally cut off by some AI gone awry

    UStream's incorrectly programmed copyright enforcement squad had destroyed our only access

    As if the whole copyright thing has NO PROBLEM and has not wreck enough havoc yet

    It must be, according to TFA, a case of "incorrectly programmed copyright enforcement squad" that is the culprit, not the application of copyright itself, on so many things around us

    If you do not know it yet, that famous " I Have A Dream " speech by Martin Luther King is not permitted to be aired anywhere, unless you can obtain agreement from the copyright owners

    Both the copyright and the patent restrictions and lawsuits are suffocating the society and I for one, am TRULY TIRED OF ALL THESE SHITS !!

    But I am not alone

    Bruce Willis is suing Apple

    http://www.dailygossip.org/bruce-willis-sues-apple-to-leave-itunes-library-as-inheritance-4414

    --
    Muchas Gracias, Señor Edward Snowden !
  14. Good by gmuslera · · Score: 3, Insightful

    Science fiction writers sometimes predict, and even shape the future. If they get upset enough with this could start writing new stories that could move our culture out of that dead weight.

    1. Re:Good by MickyTheIdiot · · Score: 1

      But it won't be by Harlan "PAY THE WRITER!!1!11" Ellison.

    2. Re:Good by cpu6502 · · Score: 1

      Harlan is right. He does deserve to be paid for his work..... right up til he dies. Then it should end when his coffin is lowered into the ground (or one generation/20 years after first date of publication). BTW I thoroughly enjoyed Harlan's 70s-era audiorecord that I downloaded off the internet!..... ooops I've said too much.

      --
      My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
    3. Re:Good by c0lo · · Score: 1

      Then it should end when his coffin is lowered into the ground (or one generation/20 years after first date of publication).

      Careful what you wish for: the descendants may put his body on an Earth orbit - high enough to keep it off the ground for some millennia.

      --
      Questions raise, answers kill. Raise questions to stay alive.
    4. Re:Good by BlueStrat · · Score: 4, Insightful

      Harlan is right. He does deserve to be paid for his work..... right up til he dies.

      Gotta disagree here. Should be 14 yrs with option for an additional 14 yrs if the author/copyright owner pays a hefty fee prior to the original copyright expiration date. Whether or not the author is dead or alive.

      Otherwise, Harlan needs to get off his ass and write another book if he wants another payday. Writing a popular/successful novel, song, etc etc was never meant to be an entitlement to a forever-minus-a-day gravy train.

      That was why copyrights were created...to encourage the creation of more works. If it lasts until they die, why would an author/creator publish a second novel if their first one does extremely well and they're now rich with no need, financially, to create more works if they don't happen to be possessed by a burning need to endure the publishing process? Why not just retire to someplace like Tahiti and be done with all the publisher/editor/marketer madness and stress?

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
    5. Re:Good by 1u3hr · · Score: 3, Insightful

      Gotta disagree here. Should be 14 yrs with option for an additional 14 yrs if the author/copyright owner pays a hefty fee prior to the original copyright expiration date. Whether or not the author is dead or alive.......why not just retire to someplace like Tahiti and be done with all the publisher/editor/marketer madness and stress?

      I have no problem with a living author reaping the benefits of writing a bestseller for his entire natural life, and his descendants for another 14 after that. If you have written a bunch of bestsellers when you were in your 40s and 50s, then should the income just cut off when you reach 70 and need the money, maybe not capable of writing any more even if you want to, while the books continue to sell and readers are enjoying them? The publishers are still making money from selling the books, but now they don't need to share the income with the author -- is that moral?

      There are very few books that remain popular so long anyway. Look at a bestsellers' list from 20 years ago and see if you recognise any of them.

      A more important reform would be some form of compulsory licensing, so if a book, (or movie, song, etc.) is out of print but still in copyright that there is some way to get the right to publish it, at a reasonable rate.

    6. Re:Good by BlueStrat · · Score: 4, Insightful

      I have no problem with a living author reaping the benefits of writing a bestseller for his entire natural life, and his descendants for another 14 after that. If you have written a bunch of bestsellers when you were in your 40s and 50s, then should the income just cut off when you reach 70 and need the money, maybe not capable of writing any more even if you want to, while the books continue to sell and readers are enjoying them? The publishers are still making money from selling the books, but now they don't need to share the income with the author -- is that moral?

      There are very few books that remain popular so long anyway. Look at a bestsellers' list from 20 years ago and see if you recognise any of them.

      A more important reform would be some form of compulsory licensing, so if a book, (or movie, song, etc.) is out of print but still in copyright that there is some way to get the right to publish it, at a reasonable rate.

      Why are authors, artists, movie studios, etc different from anyone else? Why is it they should get special protections beyond what was originally already provided for in law, and at a time when it took longer to make money as distribution was slower than it is today (no radio/TV/internet)?

      So they might run out of money because they are sick/injured/whatever and be unable to work...how is that different than the same risks we all take of that happening?

      I design and build custom vacuum-tube guitar amplifiers for pro/semi-pro guitarists. It's as much or more of an art form as it is engineering, as many times what sounds best isn't what is from an engineering standpoint 'correct'. It's as much a musical instrument as the guitar that's plugged into it. Even down to small details like the precise routing and positioning of wiring, the type/gauge, insulation type, combinations of electronic component brands,.etc etc. Learned skills and techniques that aren't patentable, unless an artist's brush stroke technique and similar are.

      Should I get paid every time they use "my" custom guitar amplifier on a paying gig, and should I get a cut from royalties from recordings done with the amp until I die?

      There's nothing special about copyright holders that entitles them to lifetime income from one work.

      Copyright was *only* enacted to make sure *more* works were created, not to ensure non-production was rewarded. Rewarding them for *not* producing more works is completely contrary to the purpose for which copyright was created in the first place.

      If you believe certain people should receive lifetime incomes for their work, then pass a law or amendment.

      Don't attempt to warp copyright. You'll break it. Then we all lose.

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
    7. Re:Good by Anonymous Coward · · Score: 1

      If you have written a bunch of bestsellers when you were in your 40s and 50s, then should the income just cut off when you reach 70 and need the money, maybe not capable of writing any more even if you want to, while the books continue to sell and readers are enjoying them? The publishers are still making money from selling the books, but now they don't need to share the income with the author -- is that moral?

      Two words for you:
      pension fund.

    8. Re:Good by 1u3hr · · Score: 1

      Should I get paid every time they use "my" custom guitar amplifier on a paying gig, and should I get a cut from royalties from recordings done with the amp until I die?

      No, but you should get paid every time someone buys your amp. Authors don't get paid every time someone read their book, only when they buy it. And then only 5-110% of the retail.

      Anyway, it's apples and oranges. There isn't much of an analogy.

    9. Re:Good by slacka · · Score: 1

      I have no problem with a living author reaping the benefits of writing a bestseller for his entire natural life, and his descendants for another 14 after that.

      Copyright does this and much, much more. And that's also the root of the problem. Before Disney, copyright granted authors protection for 28 years. I’m fine with that. The problem is now it’s pushing 100 years. This stifles our culture and innovation.

      For example, Star Wars was released in 1978, so it should have gone into the public domain by 2005. With existing laws, George Lucas retains exclusive rights to butcher the SW universe until 2072!!!!! 95 YEARS! Imagine what new aspiring authors could do with his work, instead of the sterile Jar Jar crap that Lucas served us, recently? Thank you, copyright.

      Are you telling me your favorite authors would not have created their works, if it was not protected for 70 years after their death?!? The copyright system is designed make companies, like Disney and RIAA, rich at the expense of our freedom.

      The irony is Disney made its fortune by ripping off the great works of others. Walt Disney was a master of this. At its origins, Mickey Mouse was a parody of the Buster Keaton film Steamboat Bill Jr. And almost all of their great work since then has continued this tradition of copying. Just to name a few: Pinocchio, Cinderella, Sleeping Beauty, Alice in Wonderland, Jungle Book, Sleep Hollow, Beauty and the Beast, The Little Mermaid,

      With the RIAA, SOPA and Courtney Love’s excellent essay on how they screw over artists should give you an idea of how this industry works. http://www.salon.com/2000/06/14/love_7/

      Young artists need the freedom to remake and remix. The current laws prevent them from using anything from their generation. This is wrong and needs to be fixed.

      Finally, Larry Lessig explains the problems with CC much more eloquently then I can at this TED talk:
      http://www.ted.com/talks/larry_lessig_says_the_law_is_strangling_creativity.html

    10. Re:Good by AmiMoJo · · Score: 2

      If you have written a bunch of bestsellers when you were in your 40s and 50s, then should the income just cut off when you reach 70 and need the money, maybe not capable of writing any more even if you want to, while the books continue to sell and readers are enjoying them?

      That isn't what happens. Even if the books were out of copyright he would still earn money from them by virtue of being the author. People will be interested in what he has to say, will value signed copies, may be interested in new work based on the quality of his past novels and so forth. He can give the books away for free on a web site and take donations.

      Of course he could always just live off a pension like the rest of us too. If he writes a successful novel and fails to put any money away for your retirement, that's his fault. There is nothing to stop him writing material at the hight of his powers and holding it back of release when he retires either.

      The publishers are still making money from selling the books, but now they don't need to share the income with the author -- is that moral?

      Yes. The author benefited from the public domain, now it is time to contribute something back.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    11. Re:Good by BlueStrat · · Score: 2

      Should I get paid every time they use "my" custom guitar amplifier on a paying gig, and should I get a cut from royalties from recordings done with the amp until I die?

      No, but you should get paid every time someone buys your amp. Authors don't get paid every time someone read their book, only when they buy it. And then only 5-110% of the retail.

      Anyway, it's apples and oranges. There isn't much of an analogy.

      But why is it apples & oranges? That's part of the point.

      Why should copyright holders be paid for their entire lives for one work? Why are they so different from any other creative people as a class?

      Also, once I sell the amp, anyone can build a copy and I have no right to prevent it, unlike authors.

      You also failed to address any of my other points. Like about how lifetime copyrights are in direct conflict with the whole reasoning behind why copyright was instituted in the first place.

      Can you explain how a lifetime copyright encourages more works as opposed to a shorter term?

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
    12. Re:Good by Anonymous Coward · · Score: 0

      should the income just cut off when you reach 70 and need the money, maybe not capable of writing any more even if you want to, while the books continue to sell and readers are enjoying them?

      Should the income for the Architect and the builder of your house just cut of while you continue to live in it? Should the Architect and Engineers of the roads, bridges and tunnels you drive over on your way to work fall to poverty, just because they can't build any more? What if they need the money? There should be a compulsory rent/toll, so that those who built very foundations of our civilization can live in dignity as they deserve.

    13. Re:Good by metacell · · Score: 2

      Precisely. That's what everybody else has to do to secure their retirement.

      Btw, I write a lot in my spare time, but I don't expect to automatically get paid, not even if a lot of people read it. It's up to me to find a way to turn readers into profit.

    14. Re:Good by Anonymous Coward · · Score: 0

      http://www.hawes.com/1992/1992-09-06.pdf

      Looks like I recognize 19 out of those 30. YMMV...

    15. Re:Good by foamrat · · Score: 1

      Look at a bestsellers' list from 20 years ago and see if you recognise any of them.

      Just the ones I've read:
      GERALD'S GAME, by Stephen King
      THE PELICAN BRIEF, by John Grisham
      WHERE IS JOE MERCHANT? by Jimmy Buffett
      OH, THE PLACES YOU'LL GO! by Dr. Seuss

      The ones I recognize but have not read:
      WAITING TO EXHALE, by Terry McMillan
      THE BRIDGES OF MADISON COUNTY, by Robert James Waller
      DARK FORCE RISING, by Timothy Zahn

      I'm all for cutting back the length of copyright, but I believe it's only fair to allow authors to be paid during their lifetime.

    16. Re:Good by Anonymous Coward · · Score: 0

      "Should I get paid every time they use "my" custom guitar amplifier on a paying gig, and should I get a cut from royalties from recordings done with the amp until I die?"

      No, because the artist is the one making a choice as to how to use the amplifier in order to create an artistic work. I can certainly respect that you do a lot of work to create the amplifier but it's utlimately the artists' choice what sounds come out of that amplifier. Likewise, Pearl shouldn't get a "royalty" every time someone bangs on their snare drums.

      To address the larger point, I think it's absurd to say that someone should exclusively benefit from a single work indefinitely. You are absolutely right. How can it be said that such a system encourages new creations when people are able to exclusively control and therefore profit from content indefinitely after its creation?

      And I think it's equally absurd to think that copyright is necessary. I mean, think about it, if you are saying that people won't create content without the ability to copyright it then you are essentially saying that without copyright someone would have a brilliant idea, an epiphany, but then decide to just keep it to themselves when they realize that they can't pass the movie rights to their grandchildren?

    17. Re:Good by Rob_Bryerton · · Score: 1

      I know this is off topic, but from your post, I'm curious if you're an admirer of the late Ken Fishcher's amps/circuit designs. Some of my favorite designs.

    18. Re:Good by BlueStrat · · Score: 1

      I know this is off topic, but from your post, I'm curious if you're an admirer of the late Ken Fishcher's amps/circuit designs. Some of my favorite designs.

      Oh sure, Ken Fischer's Trainwreck amps are icons and works of art. Right on the edge of instability, just like a good fighter plane.

      Howard Dumble is another icon and his Dumble amps are legendary works of art that fetch tens of thousands of dollars.

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
    19. Re:Good by jackbird · · Score: 1

      Look at a bestsellers' list from 20 years ago and see if you recognise any of them.

      Umm... yes. Actually I was surprised at how many were immediately recognizable, or at least had immediately recognizable authors; as well as how many ended up filmed (Rum Punch became Quentin Tarantino's Jackie Brown). One on the nonfiction list, Young Men and Fire, is also currently in the news as it was either plagiarized or misattributed by Jonah Whatsisname at the New Yorker.

      NYT Bestseller list for Sept. 6, 1992

      Fiction:
      1. GERALD'S GAME, by Stephen King.
      2. THE PELICAN BRIEF, by John Grisham
      3. WAITING TO EXHALE, by Terry McMillan
      4. THE VOLCANO LOVER, by Susan Sontag
      5. WHERE IS JOE MERCHANT? by Jimmy Buffett
      6. ALL THAT REMAINS, by Patricia D. Cornwell
      7. NIGHT OF THE HAWK, by Dale Brown
      8. SWEET LIAR, by Jude Deveraux
      9. COLONY, by Anne Rivers Siddons
      10 POSSESSING THE SECRET OF JOY, by Alice Walker
      11 FATHERLAND, by Robert Harris
      12 THE BRIDGES OF MADISON COUNTY, by Robert James Waller
      13 RUM PUNCH, by Elmore Leonard
      14 OH, THE PLACES YOU'LL GO! by Dr. Seuss
      15 DARK FORCE RISING, by Timothy Zahn

      Nonfiction:

      1 THE SILENT PASSAGE, by Gail Sheehy
      2 TRUMAN, by David McCullough
      3 THE LAST TSAR, by Edvard Radzinsky
      4 EARTH IN THE BALANCE, by Al Gore
      5 DIANA: HER TRUE STORY, by Andrew Morton
      6 EVERY LIVING THING, by James Herriot
      7 MARILYN: THE LAST TAKE, by Peter Harry Brown and Patte B. Barham
      8 WOMEN WHO RUN WITH THE WOLVES, by Clarissa Pinkola Estes
      9 YOUNG MEN & FIRE, by Norman Maclean
      10 SAM WALTON: MADE IN AMERICA, by Sam Walton with John Huey
      11 LINCOLN AT GETTYSBURG, by Garry Wills
      12 HEAD TO HEAD, by Lester Thurow
      13 WHO WILL TELL THE PEOPLE, by William Greider
      14 BACKLASH, by Susan Faludi
      15 REVOLUTION FROM WITHIN, by Gloria Steinem

  15. Negative externality. by RyanFenton · · Score: 3, Insightful

    In business economics, this is known as a negative externality, or costs imposed on others through your economic actions- and in modern business, negative externalities are almost something to be maximized, so long as they don't lead to direct consequences.

    So yeah, as a modern business, this is exactly what is desired - enact a system that openly screws over everyone, so long as it can have some chance of benefiting your business in some way. Short-term interest is the primary motivation of publicly traded corporations, and indeed folks can and have been sued for not making it the first concern above all others.

    From pollution, to overharvesting, to lawsuits, to claims on resources of all kinds - companies will always increase the rate at which they harm others as time goes on.

    Ultimately, you need some public, long-term interests expressed as part of the legal/economic/legislative system, otherwise, we'll keep getting crap like this. It's why most of the more developed nations end up being more socially governed than the US has been over time.

    Ryan Fenton

    1. Re:Negative externality. by MickyTheIdiot · · Score: 4, Informative

      This isn't an externality. They interupted a legitimate stream for what turned out to be a bogus reason with no recourse. It was bad business and they are directly responsible whether it was done by a bot or a human. And they will probably suffer for it in the long term if the "market" really works as the market lovers on slashdot says it does. I certainly won't suggest anyone use it ever again.

    2. Re:Negative externality. by cpu6502 · · Score: 1

      >>>will probably suffer for it in the long term if the "market" really works as the market lovers on slashdot says it does.

      Already added Ustream to my facebook "boycott these corporations" note.

      --
      My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
    3. Re:Negative externality. by Anonymous Coward · · Score: 0

      If you're on facebook then you've long since stopped being part of the solution, know matter how many people you get to change their profile pics to raise "awareness".

    4. Re:Negative externality. by Anonymous Coward · · Score: 0

      Thus far, the irony of having a boycott list resident with probably the main company to be boycotted, seems to be lost on all present.

    5. Re:Negative externality. by aquabat · · Score: 1

      This isn't an externality.

      I disagree. FTA:

      As background, our system works like this in order to support a large volume of broadcasters using our free platform. Users of our paid, ad-free Pro Broadcasting service are automatically white listed to avoid situations like this and receive hands-on client support.

      --
      A republic cannot succeed till it contains a certain body of men imbued with the principles of justice and honour.
  16. history by Anonymous Coward · · Score: 0

    forgotten.

  17. Re:Site related by scatter_gather · · Score: 1

    It looks ok on mine, perhaps you could be more specific.

  18. Re:Unintention? Gone Awry?? Incorrectly programmed by TimHunter · · Score: 5, Informative
  19. Re:Site related by Anonymous Coward · · Score: 0

    You're supposed to wipe the dogshit off when you take the Macbook out of the box.

  20. Pretty funny by gweihir · · Score: 3, Interesting

    Maybe this demonstrates how the copyright mafia is actually destroying culture. Well, I guess UStream is out for anything now and should die.

    --
    Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
  21. 1984 by Alomex · · Score: 1

    Remember, big brother is always watching. If you say the wrong thing the thought^H^H^H^H^Hcopyright police will fall on you and take you to a reeducation gulag.

  22. +5, wait what? by girlintraining · · Score: 5, Insightful

    Uh, mods, I didn't intend for that to be funny. That really is the future of the internet. If we're going to have a free (as in liberty), worldwide, packet switched network, then our only hope lies in software defined radio, 3D printing, and a dozen or so RF engineers brave enough to build us a portable mesh-networking communication package with rapid frequency shifting, ultra wideband transmit/receive, and on the fly encryption. We have to build a new network -- one that doesn't rely on fixed infrastructure.

    And we have to do it soon, before our children get the idea that what's going on now is what we intended the future of democracy to look like.

    --
    #fuckbeta #iamslashdot #dicemustdie
    1. Re:+5, wait what? by Yaa+101 · · Score: 1

      For synical people like myself this is funny, painfully funny. (I do not mod)

    2. Re:+5, wait what? by girlintraining · · Score: 5, Interesting

      For synical people like myself this is funny, painfully funny. (I do not mod)

      It's cynical, and that is why you fail. I've been talking with EEs and RF engineers for several months about how to create a cognitive/software radio. It's already been done, it's not theoretical -- the military already has this technology in use today with specifications similar to what the project requires. But all that research is locked behind the guise of national security, so it must be developed independently. And it's not easy finding DACs and FPGAs with the bandwidth and clocking speeds necessary to drive the radio without a lot of discrete components; And when I say a lot, I mean more than what's on your motherboard.

      However, every person I've talked to says it is certainly possible; Just not easy, especially if the design makes every attempt to limit harmful interference, since unlike the military, this device needs to play nice with existing equipment. Your cynicism is, frankly, pathetic. Don't think that a few people who care can't change the world -- indeed, they're the only ones who ever have.

      --
      #fuckbeta #iamslashdot #dicemustdie
    3. Re:+5, wait what? by cpu6502 · · Score: 1

      >>>it's not easy finding DACs and FPGAs with the bandwidth and clocking speeds necessary to drive the radio without a lot of discrete components;

      My model airplane radio does both frequency hopping and interference mitigation (so two or more radios can braodcast at the same time). Heck so too does a cellphone. I'm not understanding why you say it's not possible yet?

      --
      My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
    4. Re:+5, wait what? by b4dc0d3r · · Score: 2, Interesting

      The best humor is frequently in stating the truth in an unexpected way. I remember when true comedians were philosophers first, and the delivery was the funny part. So often, the audience things it's so ridiculous... but wait, it's eerily close to reality.

      George Carlin, Bill Hicks, Sam Kinison, the whole list of people who said the truth and got laughs.

      Take out the laugh track and listen to this, "Bill Hicks on Marketing." If you know it already, listen again and separate out the audience.

      http://www.youtube.com/watch?v=gDW_Hj2K0wo

      Yes, that was a funny post, or at least as close as the moderation system allows.

    5. Re:+5, wait what? by russotto · · Score: 1

      Your cynicism is, frankly, pathetic. Don't think that a few people who care can't change the world -- indeed, they're the only ones who ever have.

      Some groups of a few people who care have changed the world. A far larger number of groups of a few people who cared have found the world unyielding to their efforts.

    6. Re:+5, wait what? by girlintraining · · Score: 1

      My model airplane radio does both frequency hopping and interference mitigation (so two or more radios can braodcast at the same time). Heck so too does a cellphone. I'm not understanding why you say it's not possible yet?

      Find me one that does it 300,000 times per second.

      --
      #fuckbeta #iamslashdot #dicemustdie
    7. Re:+5, wait what? by girlintraining · · Score: 3, Insightful

      Some groups of a few people who care have changed the world. A far larger number of groups of a few people who cared have found the world unyielding to their efforts.

      If you only ever do things that statistics favor, you're going to lead a most boring and undistinguished life. Life has always existed despite the odds, vibrant life doubly so. I choose to believe I am of consequence to the universe... and since you believe you are not of consequence to the universe, you are... of no consequence at all.

      --
      #fuckbeta #iamslashdot #dicemustdie
    8. Re:+5, wait what? by causality · · Score: 2, Interesting

      Some groups of a few people who care have changed the world. A far larger number of groups of a few people who cared have found the world unyielding to their efforts.

      If you only ever do things that statistics favor, you're going to lead a most boring and undistinguished life. Life has always existed despite the odds, vibrant life doubly so. I choose to believe I am of consequence to the universe... and since you believe you are not of consequence to the universe, you are... of no consequence at all.

      In an agape kind of spirit, I really wish you well, especially after reading what you wrote. In other words: fuck yeah. You're in that zone today where the important things are self-evident AND you can articulate them. What a wonderful state to represent!

      Except I wouldn't say he's of no consequence at all. I would say he's not yet aware of his own significance, of just how much we're in all of this together. *

      While I definitely believe it is going to work out, because that is inherently in the nature of the beauty that is unfolding from the Universe, the widespread ignorance is certainly distasteful. I don't know a single excellent soul who didn't have to endure extensive contact with it.

      It really seems to make things harder than they would otherwise have to be. A few change the world from time to time because it never seems to be the majority who understand this. If that ever happened, I do believe it would be something like heaven on earth.


      * Ever head much from Bill Hicks? "How are we gonna keep building nuclear weapons ... if we realize we're all one?! It'd fuck up the economy!"

      --
      It is a miracle that curiosity survives formal education. - Einstein
    9. Re:+5, wait what? by Anonymous Coward · · Score: 0

      You can buy one.

      www.flexradio.com

      Yay for amateur radio...

      KG6IIM, aka AC

    10. Re:+5, wait what? by Yaa+101 · · Score: 1

      Calling my cynicism pathetic is not going to change the moderation of your post, as it is still 5+ Funny.
      Neither does it help to solve how dictatorship structures are deeply embedded into our societies.

      You need to lighten up as being cramped over this will do all but help solving the situation, besides, often there is way more result to point out painfull things in a humorous package.

    11. Re:+5, wait what? by rastoboy29 · · Score: 1

      I think that's a great idea.

      However, I do think *eventually* fair use rights weill be expanded to include all non-commercial use.  That's why I blog about it (see my sig :-) )

  23. Re:Site related by Anonymous Coward · · Score: 0

    most of us dont care to see goatse at super high resolution thank u very much

  24. Remember Kiddoes... by casca69 · · Score: 1

    DRM is your friend

  25. Open the pod bay door, Hal... by Darkhorserus · · Score: 1

    I'm sorry Dave... I can't do that. http://www.youtube.com/watch?v=kkyUMmNl4hk

  26. You know, I might just call it quits... by Anonymous Coward · · Score: 0

    After so many YEARS discussing patents (which they aren't) and copyrights (more like copy impediments), it's beginning to down on me this situation is beyond the reasoning capability of the people in these English-speaking countries -- not to mention the distributor associations (*AAs), who seem to love to practice target shooting at their own feet.

    Even dumb as I am, I'm beginning to see I need to learn another language... perhaps Hindi or whatever, because 1st world people are stuck on a vicious cycle and don't seem to be able to get free, like in the old The Prisoner series.

    Or, alternatively, any solution will have to evolve outside, without the participation of the various *AA entities, much like Linux evolved out of the grasp of proprietary software companies.

    We need to support indie authors and make sure those authors, writers, composers who distribute through normal channels have no audience in Free Media: a kind of GPL for Arts, so as to say -- having restricted works? Then, NO MATTER WHO YOU ARE, you're excluded from this site or show.

    After all we tried, it's time to make a statement about Freedom and not buying from these leeches anymore.

  27. Class action law suit by Anonymous Coward · · Score: 0

    If ever there was a justifiable time for a class action law suit... This is it!!!

  28. Google banned my video because of the music by circletimessquare · · Score: 5, Interesting

    It was our national anthem, and it was copyright free, I made sure I got the track from a royalty free collection.

    Nevertheless, the AI thought it sounded like someone else's recording of the national anthem, so I was tried and convicted. Oh sure, there was an appeal's process, but it is up to me to wait in line to be absolved of the sin I never committed. Guilty until proven innocent.

    And we are talking about our national anthem. You know, freedom and all that. Irony.

    All hail the great God filthy lucre.

    Eventually, the people are going to be fed up, and not put up with this crap any more.

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:Google banned my video because of the music by cpu6502 · · Score: 0

      >>>Oh sure, there was an appeal's process, but it is up to me to wait in line to be absolved of the sin I never committed.

      You're making a mountain out of a molehill. All you have to do is file a counter-claim that says, "This does not infringe copyright. The music is public domain and the visual is my own content." Takes less than a minute. Not much of a line!

      If google.com refuses THEN you can sue them in a court of law for censoring your content (under the provisions of the DMCA). Of course google is well aware of this which is why they will put your video back up. They have no desire to be sued by an angry customer (or the negative publicity it will generate).

      --
      My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
    2. Re:Google banned my video because of the music by Anonymous Coward · · Score: 0

      Eventually, the people are going to be fed up, and not put up with this crap any more.

      No. They won't. They'll just sit there and watch "reality tv" and other three-ring-fofdder on their asses, just as they have while idiots destroyed the constitution, trying to pretend it was a "living document" and in the process giving the government free rein to do whatever the fuck it likes. Any idea you have of revolution is hopeless fantasy. The people have their bread, and they have their circuses, and those in power have everything they want in turn; it's an amazingly stable circumstance and there isn't jack shit you can do about it, no matter how upset you are.

      Oh, and freedom of speech? To the extent they allow it (and there certainly are limits), that's just allowed because as you vent in voice and ink, you lose motivation to take real action. They know *exactly* what they're doing.

    3. Re:Google banned my video because of the music by fm6 · · Score: 3, Insightful

      A minute to file the appeal. Usually a month for the appeal to be acted upon. Sounds like a line to me. And there seems to be no penalty for posting huge numbers of frivolous takedown notices.

      OK, not exactly the death knell of Fair Use. But not a molehill either.

    4. Re:Google banned my video because of the music by circletimessquare · · Score: 5, Informative

      You don't know what you are talking about. I did appeal. And then sat and waited, and waited.

      My whole point is that I was tried and convicted of a crime I did not do. Why is it beholden upon me to go through motions to prove my innocence? Why is my content suspect and subject to removal because I am not a large conglomerate? That's the point, that's the problem, that is what people should not have to put up with.

      --
      intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    5. Re:Google banned my video because of the music by circletimessquare · · Score: 1

      I'm not talking about a revolution, you cynical moron. "Not put with this crap any more" does not imply reaching for guns in anyone's minds, except idiot minds like yours. Financial influence in this country is something a lot of people are angry about, on issues a lot more near and dear to people, especially and most importantly their livelihood. We will take back our own government from financial influence. Go ahead and laugh at me for saying that: and for doing that, consider yourself exactly like the uncaring idiots you outline above.

      --
      intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    6. Re:Google banned my video because of the music by Bob9113 · · Score: 3, Informative

      (under the provisions of the DMCA)

      YouTube doesn't use the DMCA for the big guys anymore. They have automated takedown based on signatures that does not require an affidavit and they do not restore videos upon counter-filing like the law allows under the DMCA. YouTube is doing it voluntarily, going beyond the requirements of the DMCA, because they make a lot of money through Vimeo and they do not give a damn about what is right.

    7. Re:Google banned my video because of the music by Anonymous Coward · · Score: 0

      I didn't say a word about weapons or arms; revolution can be in any number of venues from law to custom to education. My response to you was in context: I was referring to copyright. My point is there will be no revolution. The situation is stable. The government is operating free of restrictions. The people are content, and the powerbrokers are in firm control. Either address the substance of my comment or remain utterly irrelevant, cuddling your nice warm strawman.

      You need to learn to read and comprehend what is written, instead of responding to what skimming provides as a guess as to what might have been said.

      Also, name calling is a fail. Ad hom. etc.

    8. Re:Google banned my video because of the music by circletimessquare · · Score: 1

      So you know the status quo is wrong, but you are happy to do nothing yourself or to find anything wrong with it, simply because you believe the common man doesn't care enough, or is stupid enough not to notice.

      You are a cynical moron. That's not naming calling. That is an objective description of your attitude.

      --
      intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    9. Re:Google banned my video because of the music by Anonymous Coward · · Score: 0

      Again with nothing but strawmen and ad hom. Cheers, failboy.

    10. Re:Google banned my video because of the music by circletimessquare · · Score: 1

      it helps when pointing out the supposed errors in others to not be committing that same error yourself. hypocrisy, stupidity, etc.

      --
      intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    11. Re:Google banned my video because of the music by Anonymous Coward · · Score: 0

      I hate to play devil's advocate here, but it's google's site and they don't have to post your content. It is not a violation of your rights for google to remove your content for any reason. Post it on your own website.

    12. Re:Google banned my video because of the music by circletimessquare · · Score: 2
      --
      intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    13. Re:Google banned my video because of the music by Anonymous Coward · · Score: 0

      you can apologize for calling me an idiot

      I didn't call you an idiot. I explained a simple but widely overlooked facet of an industry that you had, inadvertently it seems, refereed to.

      The page you linked is no more a royalty free collection than a cup and ball is a free to play game.

      I'm not sure if you can apologize for acting like an idiot and and being an ass.

    14. Re:Google banned my video because of the music by Tom · · Score: 3, Interesting

      As many others, I. Can confirm this. I posted a number of videos to YouTube recently, all with the same background music licensed under a CC license. All were automatically (within seconds of posting) tagged, I disputed the claims immediately, I am still waiting for the issue to be resolved including any comment.

      What angers me most is that I have apparently no way of finding out WHO the claimant is. They are accusing me of copyright infringement, i.e. a crime. Where I live, that is a serious accusation.

      Anyone had any luck with this whole scam in the past? I want to know who is making the claim so I can contact the music author and support him in suing them. Because THIS is what "stealing music" looks like - making a copyright claim to someone else's work.

      --
      Assorted stuff I do sometimes: Lemuria.org
    15. Re:Google banned my video because of the music by circletimessquare · · Score: 1

      Or maybe i should be free to use my culture as I see fit, free from IP trolls, and trolls from the internet such as yourself. It should not be beholden on me to have a legal department with a research wing if I want to post a video on the internet. This is an absurdity that will not stand the test of time. Nor am I going to tolerate it. I do so at my legal peril? why is that a world anyone wants to be a part of? And therefore bring on the fight, the outcome is to my benefit if I value a clean conscience over submission to an absurd legal climate, win or lose in the kangaroo court.

      --
      intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    16. Re:Google banned my video because of the music by Tom · · Score: 1

      Please take this as advice for the future:

      Without having seen the video in question, you have no idea what you are talking about and should STFU.

      Here's one of them (the others are in the same playlist):
      http://www.youtube.com/watch?v=ANBOyeFiAKE&feature=share&list=PL9EFB5523F83D2EFD

      Come back after you've seen it and post whatever you want. Once you have an informed opinion, I will consider it. Just posting general whining with no knowledge what I'm even talking about is just stupid.

      --
      Assorted stuff I do sometimes: Lemuria.org
    17. Re:Google banned my video because of the music by Anonymous Coward · · Score: 0

      ... Eventually, the people are going to be fed up, and not put up with this crap any more.

      I for one. Fuck Google. Stop using it entirely. I've been using ddg.gg/html and it's tolerable so far.

    18. Re:Google banned my video because of the music by JasterBobaMereel · · Score: 1

      Big corporations can automatically sue Google for significant money under the DCMA if Google do not comply

      You could sue Google or the Big corporation and they would not even notice ...

      --
      Puteulanus fenestra mortis
    19. Re:Google banned my video because of the music by gl4ss · · Score: 1

      A minute to file the appeal. Usually a month for the appeal to be acted upon. Sounds like a line to me. And there seems to be no penalty for posting huge numbers of frivolous takedown notices.

      OK, not exactly the death knell of Fair Use. But not a molehill either.

      not only that, there's no penalty but there is benefit. you can put on your report and bill for services that you sent 1432 dmca notices.

      --
      world was created 5 seconds before this post as it is.
    20. Re:Google banned my video because of the music by Anonymous Coward · · Score: 0

      "They are accusing me of copyright infringement, i.e. a crime. Where I live, that is a serious accusation."

      Please don't take a bot wrongfully accusing you of breaking the law (an arguably immoral law) seriously. Just look for a technical way around your problem with youtube or use another video hosting service.

      Talking about received copyright infringement notices is a crime, I demand you immediately cease your activity!

      Did you take that last sentence seriously? I'm not even a bot.

    21. Re:Google banned my video because of the music by Zontar_Thing_From_Ve · · Score: 1

      This happened to a good friend of mine as well. He was actually using music from Tchaikovsky's Nutcracker and he was using a CC licensed version. I'm not suggesting you should do this, but you do have an option to pay some kind of fee ($10?) and "license" the music from those numbskulls at YouTube and get legal. They have partnered with some company whose name I do not remember but that company "licenses" music to make videos on YouTube legal. My friend refused to do it on principle so he just removed all of his videos from YouTube and he now uses one of the other video services, but I don't remember which one. He had the same objections as you. There was not really anyone to complain to and tell that he was using a CC licensed copy. Tchaikovsky's music has long been in the public domain so it's only specific performances that can be copyrighted. The publishing is all free and clear of copyright. My view is that this is all likely some recording industry scam where the licensing company gets most of the money but a percentage probably goes to the RIAA and YouTube itself. It just seemed to me that they really don't care about false positives because they can make money by giving people a choice to either pay to get legal or take down their videos. Some people simply cannot live without their videos being on YouTube so they probably make good money with this scam.

    22. Re:Google banned my video because of the music by metacell · · Score: 1

      Please take this as advice for the future: your videos do not, under ANY circumstances, require background music. What you think is uplifting and inspirational is, to the viewer, annoying and distracting. They close the tab and move on.

      Well, it depends on how you define "background" music, but I see a lot of videos on YouTube where people remix footage from TV or a computer game with music, and the result is very good.

      I've also seen videos where people just put an annoying tune, unedited, on top of their unedited footage, and it's as bad as you describe.

    23. Re:Google banned my video because of the music by Overzeetop · · Score: 1

      (1) the music and lyrics may be public domain, but the performance probably isn't
      (2) Royalty free probably doesn't mean what you think it means. It means once you own a license for it (i.e. you paid the artist a licensing fee) you don't have to pay for every single instance which is re-transmitted. Mechanical and synchronization rights are just a crazy PITA.

      That said, a simple response with your license should get it reinstated. In theory, if it was removed due to a DMCA request from the artist, you can sue in Civil court for a wrongful takedown request. Others have done so and won.

      --
      Is it just my observation, or are there way too many stupid people in the world?
    24. Re:Google banned my video because of the music by Anonymous Coward · · Score: 0

      People bogusly file these complaints on youtube in order to collect ad revenue all the time. Here is the form letter I send to the _reporter_:

      To whom it may concern:

      I am the recipient of a notice from YouTube (attached) that you have
      claimed a copyright interest in the video "[TITLE]",
      [URL].

      This is a fraudulent notice. I have a license from the legitimate
      rightsholders that authorizes me to place this content on YouTube.
      [Alternatively: I am the soul legitimate rightsholder of this work]

      This work was intended to be shared without advertisements and in a
      free media format, and as a result this file is no longer available to
      non-flash firefox users. Because of your fraudulent claim, I will have
      to spend time fighting this claim with you and with YouTube, and under
      17 U.S.C. section 512(f), I am entitled to damages for my time and
      legal costs. Furthermore, the rightsholders of the other works you
      have filed false claims for are also entitled to damages due to your
      misrepresentation.

      I will not pursue these claims, nor contact the other rightsholders,
      if you withdraw your claims (over my uploads as well as any similar
      fraudulently claimed works) from YouTube so that the works may be
      displayed as intended and you cease to receive advertising revenue
      from their display.

      If you do not do this, I will be forced to pursue legal action. Please
      notify me in writing of your actions.

    25. Re:Google banned my video because of the music by cpu6502 · · Score: 1

      >>>A minute to file the appeal. Usually a month for the appeal to be acted upon.

      Hardly. Every time it's happened to me my video or audio was restored in mere hours. The DMCA is designed to protect copyright, but it is also designed to protect the right of uploaders to have their stuff published (via the counter-claim process). A few hours downtime on your National Anthem video is hardly anything to cry about.

      --
      My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
    26. Re:Google banned my video because of the music by fm6 · · Score: 1

      I did some googling. Lots of reports of long delays before stuff gets restored. I suppose it varies depending on the kind of content.

    27. Re:Google banned my video because of the music by Anonymous Coward · · Score: 0

      A few hours downtime on your National Anthem video is hardly anything to cry about.

      As demonstrated by your own actions, infringement upon our right to due process is always "something to cry about". Or do you suddenly think it acceptable for that cop to have held you up in the hot Texas sun that one time because you refused to open up your trunk?

    28. Re:Google banned my video because of the music by rastoboy29 · · Score: 1

      I think the only *decent* solution to this issue is to expand fair use to cover all non-commercial use (as the Pirate parties generally propose).  That's why I blog about it :-)

  29. It's Labour Day by Rix · · Score: 2

    They're probably not in the office.

    1. Re:It's Labour Day by MickyTheIdiot · · Score: 2

      If they're going to indescrimately cut streams using bots maybe they ought to be.

      It's either that are they're just not interested in being fair to their users, which is another good reason not to use them.

    2. Re:It's Labour Day by Anonymous Coward · · Score: 4, Interesting

      If you buy the UStream pro video package you get to show whatever you like (no bot oversight) and there's 24/7 live support. You also get to choose not to show your viewers any UStream adverts (obviously you could inject your own ads) and handle a vast number of simultaneous viewers. It does cost money, but if something goes wrong there's a live human to call who can help fix it.

      Worldcon was NOT using the pro video package. I haven't even been able to find out if they were paying for one of the cheaper entry-level options with less features and no support. It's quite possible they simply created a free Ustream account and hoped for the best like somebody uploading a little league game.

      Now, that doesn't make it _good_ that this happened, but it sure does make it _understandable_. Imagine if, rather than paying for a venue, a famous band just decides to play for free in a local park. Well, good news is that the show is free. Bad news, if it rains there's no shelter organised, if people arrive to mow the grass in the park then show's over, and if the police decide its' too noisy the amps will get turned off with no notice. But that's not because the police hate music, it's because the band were too cheap (or too lazy) to hire a real venue.

      I suggest that future Worldcon hosts either find a way to pay for a more professional level of video service, or make it clear to the fans that this is basically a best effort feed and might go down for any reason at any time with no way to bring it back.

    3. Re:It's Labour Day by icebraining · · Score: 1

      They're interested in being fair to their customers. They have no interest in exposing themselves in any way to Free users, like this stream was.

    4. Re:It's Labour Day by Anonymous Coward · · Score: 0

      "Now, that doesn't make it _good_ that this happened, but it sure does make it _understandable_."

      Of course it's understandable. One of the big reasons a company like UStream would do that is to encourage the "freeloaders" to buy an expensive pro account so they don't have to deal with a bot randomly disabling their stream.

    5. Re:It's Labour Day by FrangoAssado · · Score: 1

      Imagine if, rather than paying for a venue, a famous band just decides to play for free in a local park. Well, good news is that the show is free. Bad news, if it rains there's no shelter organised, if people arrive to mow the grass in the park then show's over, and if the police decide its' too noisy the amps will get turned off with no notice.

      That's one way to spin this. The polar opposite would be something like this:

      A band didn't want to pay for a venue, so they went do play for free in a local park. A local Italian restaurant owner (which may or may not be connected to the mafia) sends word that it would be a shame if electricity went out during the performance, and for a small fee, they would be glad to look over things so that nothing bad happens. The band refuses to pay, and then the electricity goes out during the show.

      Now, I'm not saying that's a good analogy, it's most certainly not. But neither is yours: a malfunctioning bot looking for copyright infringement and gratuitously shutting down a stream is in no way equivalent to rain in a park during a public performance -- just like it's not at all comparable to being harassed by the mafia.

      Moreover, UStream has already said that they will gladly disable that "copyright infringement searching bot" for any free stream owner that informs them that they own the copyright of what's being streamed -- see the "UPDATED CLARIFICATION" here. This makes it even clearer that the situation here is nothing like your analogy.

      In other words: it was a huge fuck up from UStream, they recognize it and are trying to fix it.

  30. The "AI Cops" have got to go by erroneus · · Score: 1

    It is doing more harm than good. I suspect the other side would argue the opposite as the harm is not to them and they bear no liability. So I think it's about time someone step in to say or do something.

    Has anyone decided to appeal to Google's "do no evil" policy makers?

    1. Re:The "AI Cops" have got to go by MickyTheIdiot · · Score: 1

      It's only hurting the "little people," so good luck getting it fixed.

    2. Re:The "AI Cops" have got to go by Anonymous Coward · · Score: 0

      It will be hurting even the "big people" soon enough. It will go away, sadly we gotta put up with this craziness for the time being.

    3. Re:The "AI Cops" have got to go by Anonymous Coward · · Score: 0

      Who says you have to put up with it?

      You want to screw Google? Start using other alternatives to Youtube, stay away from Google+. Try Bing, it's real competition for Google, or any other search engine, things have evolved a lot in the past decade. Use Ad Block, do NOT use Chrome, and do the same for any other Google product.

  31. Re:Calm Down,... by Anonymous Coward · · Score: 1, Funny

    Well aren't you a special fucking snowflake.

  32. Re:Calm Down,... by MickyTheIdiot · · Score: 5, Insightful

    They cut off a one time unrepeatable event. Not everyone can "get off their ass" and get to a con for a whole multitude of reasons. It's a pretty god damn bad outcome.

  33. The problem is ... by Taco+Cowboy · · Score: 2

    This copyright systems are like soviet russia and nazi germany.

    The problem is ... it is happening in the USA, the Western Europe, and the rest of the FREE WORLD
     

    --
    Muchas Gracias, Señor Edward Snowden !
  34. And this, kiddies... by SternisheFan · · Score: 3, Interesting

    ..., this and other things like this, is why us "neckbeards" will sometimes wax nostalgic about the early days of the internet, before it started to get/become "locked down". As an interested, but not too deeply involved or invested in hi-tech, observer, I see this 'mistake' as just another kind of sad and comical example of the slow but sure changing of the internet. But back in the early days, pre 9/11 days, when I was typing to people using 300 baud modems, this internet was such a brave new world! And now we're seeing more of these type of stories occurring. It's just nteresting to me, and it makes me wonder what this world wide web will be like in the years to come. "It was the best of times, it was the worst of times..."

    1. Re:And this, kiddies... by Anonymous Coward · · Score: 0

      Piracy was still shunned back then, it always has. You had to either know someone with an FTP or risk slogging through virus infested P2P apps.

      That is, until you discovered USENET. :)

      Of course it was mostly music(mp3's) and games or apps. Movie rips sucked due to shitty codecs, slow hosts, small HDD's, and no DVD-ROM's.

      All in all though I agree. The NET was a fuck of a lot cooler back then without the unwashed masses around EVERY corner.

    2. Re:And this, kiddies... by SternisheFan · · Score: 3, Interesting

      All right, though I should know better by now not to get into replying to ac's. I used 9/11 as a reference point in history because it seems to me before then there was a different, more innocent, public mindset, more hopeful. 9/11 was like America's collective concious getting it's virginity taken, we all were permanently changed. And perhaps it is just my perspective, I'm pushing mid 50's now, so I figure maybe I'll get to see how the nexr 30 years unfold, God willing. I'll always be hopeful for the human race, it's just that I've seen a lot of freedoms that I guess we took for granted seem to just disappear from view over the last decade. This story is another quirky side-effect of that. Really, this might be your kids future being determined by these times, and their kids, etc. Someone here posted a reminder about "forgetting history". And those who forget history ARE doomed to repeat it. And it doesn't have to be that way.

    3. Re:And this, kiddies... by AmiMoJo · · Score: 1

      Depends how you look at it. On the one hand there is more copyright enforcement now, but on the other hand there is vastly more user generated content on the internet. So yes, more attempts to lock it down are being made, but at the same time vastly more people have the ability to put stuff up without paying for expensive hosting, understanding HTML or being able to encode video in a suitable format.

      The likes of YouTube, for all their faults, have really opened up the internet for the majority of people.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    4. Re:And this, kiddies... by SternisheFan · · Score: 1

      Depends how you look at it. On the one hand there is more copyright enforcement now, but on the other hand there is vastly more user generated content on the internet. So yes, more attempts to lock it down are being made, but at the same time vastly more people have the ability to put stuff up without paying for expensive hosting, understanding HTML or being able to encode video in a suitable format.

      The likes of YouTube, for all their faults, have really opened up the internet for the majority of people.

      Agreed, the net today is far larger and more complicated, and in most ways BETTER! than the early days. There's an awful lot of issues arising all the time that need to be lways dealt with, this issue is another. It's we're all doing that Star Trek thing, you know, boldly going where noone has gone before. :-) And these are the painful first 'baby steps' of a possible unified people on this planet, that would be so great to see ideas like equality and love and respect for all life spread worldwide. Nothing worthwhile because ever comes easily.

    5. Re:And this, kiddies... by po8crg · · Score: 1

      When will October 1993 finally arrive?

      Posted on September 6943, 1993

    6. Re:And this, kiddies... by SternisheFan · · Score: 1

      I must apologize for any typos/misplaced words in my posts. I'm having some device problems, it seems.

  35. Re:Site related by Anonymous Coward · · Score: 0

    The graphics are all pixelated. The text is fine, but it's such a stark contrast

  36. "You must obey" by Taco+Cowboy · · Score: 1

    The machines rule you, from stop lights to legal fiction -- You must obey:

    True, very very true !

    And look what that leaves us ?

    We have given up our rights and turned ourselves into slaves

    They can "sell" us things and then turn around and sue us if we "share" the things we "bought" with our friends

    Yes, that's right

    They have the right to take away our money but we have no right to share

    A pretty fucking deal we've gotten ourselves in

    --
    Muchas Gracias, Señor Edward Snowden !
  37. Re:Site related by Anonymous Coward · · Score: 0

    well, wouldn't it get more pixelated and therefore less repugnant? unless you are talking about the pics themselves being high-res, which are non-existant...

  38. Ustream apology by Anonymous Coward · · Score: 5, Informative

    Hi All

    For those following this issue: Ustream have issued an apology here which makes the facts clear. As a result of this error, they have temporarily withdrawn their automated monitoring software, so it is clear that they are taking this incident seriously.

    http://www.ustream.tv/blog/2012/09/03/hugo-awards-an-apology-and-explanation/

    regards

    Colin Harris
    Chicon 7

    1. Re:Ustream apology by Anonymous Coward · · Score: 0

      Interesting....

      So it was Vobile's fault?

      Interesting company, Chairman of the board is a partner at Bain....

      http://www.vobileinc.com/company.html

    2. Re:Ustream apology by Anonymous Coward · · Score: 1

      I have a question for you: was the Worldcon Ustream channel set up as a Pro channel (ie, were you using the free service or the paid service)?

      I ask, because it seems the apology isn't much, since it seems to obliquely put the blame back on Worldcon (Users of our paid, ad-free Pro Broadcasting service are automatically white listed to avoid situations like this and receive hands-on client support.). Either you had a Pro (paid) account, and should have been white listed, or you had a free account, and Ustream took advantage when they promoted the feed on the Ustream front page prior to the scheduled broadcast (since they got ad revenue).

      Melissa Glasser

    3. Re:Ustream apology by Anonymous Coward · · Score: 0

      Too little too late. Fuck their apology, damage is done.

    4. Re:Ustream apology by CanEHdian · · Score: 2

      Too little too late. Fuck their apology, damage is done.

      What? You became a member of the US Pirate Party? Otherwise there is little to no damage done to the real perpetrators of this crime. Canadians go here.

      --
      When the copyright term is "forever minus a day", live every day like it's the last.
    5. Re:Ustream apology by skywire · · Score: 3, Insightful

      Ustream knew full when they put the bot in place that it would occasionally do this kind of thing. Their 'apology' (read "damage control") reveals a significant bit of evidence about their claimed concern for balancing the interests of copright holders and others: you can pay them to be ignored by the bot.

      --
      Those who would give up essential liberty to purchase a little temporary safety, deserve neither liberty nor safety.
    6. Re:Ustream apology by TubeSteak · · Score: 2

      Linked: http://www.ustream.tv/blog/2012/09/03/hugo-awards-an-apology-and-explanation/

      The comments are by far the best part of that blog post.
      "Perhaps not quite the right time to be trying an upsell, guys â¦"

      Mark my words: someday a book will be nominated for the Hugo awards,
      and the antagonist of that book will be a company named Ustream.

      --
      [Fuck Beta]
      o0t!
    7. Re:Ustream apology by wonkey_monkey · · Score: 2

      so it is clear that they are taking the negative publicity surrounding the incident seriously.

      FTFY.

      --
      systemd is Roko's Basilisk.
    8. Re:Ustream apology by wienerschnizzel · · Score: 4, Insightful

      From the 'apology':

      ur editorial team and content monitors almost immediately noticed a flood of livid Twitter messages about the ban and attempted to restore the broadcast. Unfortunately, we were not able to lift the ban before the broadcast ended.

      Come again?! You were 'not able to lift the ban'? It's your f&*%# website! You can do as you please!

      Let me go on a wild speculation and say you were not WILLING to lift the ban because you like to pander to the big media overlords. And now when you reap the hate of the general public you are suddenly sorry. Well tough for you! The dent in your reputation is well deserved.

    9. Re:Ustream apology by Anonymous Coward · · Score: 0

      I would speculate "not able to lift the ban" is code for "weren't able to get RIAA to give us permission to lift the ban in time, and we're more beholden to keep them happy than our customers".

    10. Re:Ustream apology by ThePhilips · · Score: 1

      [...] you can pay them to be ignored by the bot.

      That's pretty much sums up how in the end the DRM on internet would work. And why IMO split of the internet into two - normal one and official one - is inevitable. If you would think of P2P as the "normal internet," then the split has already happened (it's just sadly nobody has figured out how to run dynamic web on the P2P yet).

      --
      All hope abandon ye who enter here.
    11. Re:Ustream apology by po8crg · · Score: 2

      More likely: "the people in our office on a holiday weekend hadn't a clue how to do their jobs and didn't know how to reinstate a channel. By the time they got hold of somebody on the phone who was both competent and sober, the event had finished."

    12. Re:Ustream apology by dee3 · · Score: 1

      My understanding is that the account is normally maintained in the free Trial mode because nothing is being streamed. But it was upgraded to the paid Starter level for the month of September specifically because of the Hugo Awards ceremony.

      Donald Eastlake

  39. Re:Unintention? Gone Awry?? Incorrectly programmed by Anonymous Coward · · Score: 0

    Both the copyright and the patent restrictions and lawsuits are suffocating the society

    Only in the US and regimes it has bought.

  40. why blame programming? by Anonymous Coward · · Score: 0

    It is screwed up laws.

  41. Stupid people run Ustream by Skapare · · Score: 4, Informative

    So don't use Ustream for anything in the future. Boycott stupidity. Boycott founders John Ham, Brad Hunstable, and Gyula Feher. Boycott their venture capitalists Doll Capital Management, Labrador Ventures, and Band of Angels and everything these guys provide funding for.

    --
    now we need to go OSS in diesel cars
    1. Re:Stupid people run Ustream by Anonymous Coward · · Score: 0

      Hear hear!

      Never used them anyhow, but will certainly never do so in the future as well. Will inform everyone I know to do the same.

    2. Re:Stupid people run Ustream by Anonymous Coward · · Score: 1

      You might also want to look into Vobile the comany uStream uses. Interesting folk.

    3. Re:Stupid people run Ustream by wienerschnizzel · · Score: 1

      Yup. They sold their video content filtering engine to the Chinese government and are proudly announcing it on their homepage.

  42. The American way: sue them by Anonymous Coward · · Score: 1

    I'm not one to sue at the drop of a hat, but this seems to a perfect case. If they incorrectly take down your YouTube video, it is hard for to sue with any "teath", since you usuall can't prove financial lose, and have probably signed away your rights as part of using YouTube. But in this case it was a commercial venture and the case could be made for financial damages. There is a certain expectation of service. Imagine if CNN was broacasting news live from another country and their ISP cut their feed? You don't think there would be hell to pay?

  43. utter nonsense by Anonymous Coward · · Score: 0

    There are some laws higher than those of men.

    There are no laws at all except those made by humans (there are no known higher lifeforms than humans); and there are no rights whatsoever other than those that have the power of some human or humans willing to put force behind the idea of said rights. Without that force, all you have is wishful thinking. What you are saying here is incoherent, invalid philosophical rambling with absolutely no relationship to reality.

    1. Re:utter nonsense by macraig · · Score: 1

      Technically Mr. Not-Noel Coward is correct... technically. The Law of the Jungle is: there are no laws at all. Anything goes if you can get away with it and survive to try it again another day. Nature has no ethics, unless entropy is an ethic.

      However... nature and the Law of the Jungle are DEscriptive of the "way things are". Ethics are PREscriptive, defining behaviors that should (|not) be followed. GirlInTraining is referring to a prescriptive ideal. Is it HER ideal alone? Maybe, but probably not. If it is just her ideal alone, then if she tries to impose it on an unwilling universe it would wind up smelling a lot like tyranny. More importantly, then, is it a unanimous or universal ideal? Probably not... YET. We might be getting there eventually. Ethics can be learned, in fact they MUST be learned because nature knows nothing of them. Ethics must be taught, and frankly we're only doing a passable but not especially awesome job of it yet. We screw up and backpedal a lot. I for one am glad that GirlInTraining is here doing a bit of that teaching.

    2. Re:utter nonsense by Anonymous Coward · · Score: 0

      There are things called laws that are not enacted by man.

      The Law of Gravity for instance.

      And the framers believed there were laws above man as well.

      "... to assume among the powers of the earth, the separate and equal station to which the Laws of Nature ..."

      So, by your assertion that there are no laws at all except those made by humans, you assert the foundation of the USA is incoherent, wishful philosophy. Thanks for clearing that up for us.

    3. Re:utter nonsense by Anonymous Coward · · Score: 0

      No, the "law of gravity" is, in nature, not a law -- you can't break it. You live it. This is not at all the same thing as a human law. Those can be broken; "rights" can be violated, ignored, lived without, etc. Gravity... not the same thing at all. Gravity is, at least as far as we know, 100% inevitable. Laws and rights are ephemeral, of variable (sometimes incoherent is more accurate) domain, and as stated above, have no force other than what we decide to give them at any one moment.

      Also, your understanding of the scientific method is flawed. A "law" such as F=G((m1*m2)/r*r) is a prescription offered for the express purpose of (a) testing and (b) breaking (as Einstein did with relativity) if possible in order to derive something more subtle, accurate, etc. None of which, btw, applies to human rights as I read the above comments, or at least as far as I can see.

      Speaking of the foundation of the US, yeah, that's pretty sad. Superstitious (god, lol), Outright wrong (rights being inalienable -- obviously they ARE alienable, as the govt does that daily at every level), poorly phrased ("we are all created equal"... no, we sure aren't... [Mozart... Einstein... Hawking... King... Ghandi... Lee... Ali... Jobs... ] should have read "our ultimate goal is to afford equal opportunity, and the cits shall make of that what they can and will") toothless ("shall make no law"... so they go right ahead and make those laws, and there's no mechanism to do anything about it) and then there's what they meant, and the pile of decayed garbage we've turned it into, which is a whole 'nuther discussion involving lawyers and tar and feathers and so on.

      The fact that the framers believed something superstitious has no map to reality other than what we give it. And I give it zero.
       

    4. Re:utter nonsense by icebraining · · Score: 1

      So, by your assertion that there are no laws at all except those made by humans, you assert the foundation of the USA is incoherent, wishful philosophy.

      The phrase is, "Nonsense upon stilts".

    5. Re:utter nonsense by metacell · · Score: 1

      There are no laws at all except those made by humans (there are no known higher lifeforms than humans); and there are no rights whatsoever other than those that have the power of some human or humans willing to put force behind the idea of said rights. Without that force, all you have is wishful thinking. What you are saying here is incoherent, invalid philosophical rambling with absolutely no relationship to reality.

      I bet you're one of those people who believes Elvis is dead too.

  44. Re: concept of what it means to be human by macraig · · Score: 1

    ... concept of what it means to be human.

    Correction: concept of what it means to be a person .

    Personhood includes - or should include - other living things, like cats and dogs and other sundry 'pets', wildlife, extraterrestrials, cyborgs, artificial intelligences (Bicentennial Man, et al), etc. Theory of mind might be involved here.

  45. Re: concept of what it means to be human by cpu6502 · · Score: 1

    But how am I going to eat my cow-burger or chicken-sandwich if they are granted personhood and rights? :-(

    --
    My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
  46. and your radio can do 4G speeds? by Anonymous Coward · · Score: 0

    It's easy to do stuff at the rate needed by model airplanes. The cell phone algorithms are all patented up the wazoo.

  47. Re: concept of what it means to be human by macraig · · Score: 1

    The butcher might have to ask permission very nicely, promise financial reparations to next-of-kin, and perform appropriate religious rites before he does the deed?

  48. Wrong by aepervius · · Score: 4, Insightful

    "The first thing to understand about human rights is it doesn't depend on the law of men to validate them"

    A right which is not enforced by men , is a non existing right. You can spout around that you have the right of free speech, but if the governement decide you do not have it, then *pouf* it is gone. There is not such a thing as "natural right", there is only a things which is recognized as fundemmental right that a culture decide to enforce that right at the expanse of others. But should that culture "decide" as a whole that that right isn't needed or required anymore, be it in limited circumstance or as a whole, then no matter how much an individiual will yell "natural right" it will be gone. If there is no entity enforcing a right, then you do not have it, as simple as that.

    A very good example of this are area where governemental force are gone, lawless as they are, the rights of the people living locally are decided by the whim of the local warlord. People can then yell they have rights , the one given by the gone governement, but then the local warlord can laugh all the way while trampling the right the locals think they have.

    A "right" which is not enforced by an entity is a right you lost or do not have. Only when an enforcing entity help applying that right you got it. There is not such a thing as natural right, as natural law is the law of the strongest, and the only right you got then is the one which you can enforce yourself.

    --
    C. Sagan : A demon haunted world:
    http://www.amazon.com/gp/product/0345409469/
    visit randi.org
    1. Re:Wrong by causality · · Score: 4, Insightful

      A right which is not enforced by men , is a non existing right. You can spout around that you have the right of free speech, but if the governement decide you do not have it, then *pouf* it is gone. There is not such a thing as "natural right"

      What was unique about the Founding Fathers is that they didn't see what you point out and say "oh no, it's not a guarantee, we're so screwed!" No, they saw what you point out and responded with "then it's clearly up to us, and we'll do whatever it takes to have them". The rose to the occasion and gave their counter-answer to what you pose. To them it was a cyclical process in which liberty ebbs and flows. It's not terribly different from the water cycle, or the carbon cycle, or the nitrogen cycle. It's simply one of nature's patterns, patterns of which men are not entirely exempt.

      A "right" which is not enforced by an entity is a right you lost or do not have. Only when an enforcing entity help applying that right you got it. There is not such a thing as natural right, as natural law is the law of the strongest, and the only right you got then is the one which you can enforce yourself.

      Some entities are more just than others, and that tree is known by it fruit.

      The fact is that every empire and every dictatorship which became decadent and tyrannical (that is, all of them) has collapsed. It is an inherently unstable form. It is self-defeating. No free nation would ever collapse. It has to become tyrannical first. Then and only then can it collapse.

      It's not just a smorgasbord of equally valid options that happen to all be equally viable. No. Some are inherently stronger, more sustainable, and more virtuous and tend to do a better job of promoting prosperity and well-being. When it's the law of the jungle, the average life-span is much shorter and quality of life is lower. According to any human standard, they are not interchangable options. The lust for power is always short-term gain at the expense of sustainability. It always fails.

      --
      It is a miracle that curiosity survives formal education. - Einstein
    2. Re:Wrong by Jah-Wren+Ryel · · Score: 1

      The fact is that every empire and every dictatorship which became decadent and tyrannical (that is, all of them) has collapsed. It is an inherently unstable form. It is self-defeating. No free nation would ever collapse. It has to become tyrannical first. Then and only then can it collapse.

      The process you describe could just as easily be that tyranny is the end stage of all free societies. After all, the same point could be made that all free societies eventually end in collapse too. Just because some haven't collapsed yet doesn't disprove that claim. Look at North Korea or Ethopia - that later considered an authoritarian regime with the rulers claiming lineage back to king solomon, not-withstanding temporary bouts of turmoil in the interim though.

      --
      When information is power, privacy is freedom.
    3. Re:Wrong by AmiMoJo · · Score: 1

      If there is no entity enforcing a right, then you do not have it, as simple as that.

      So if you are being tortured by the government and there is no one to enforce your rights then you have no rights and can't have any legal comeback later when you escape?

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    4. Re:Wrong by cheekyjohnson · · Score: 1

      Probably not. Might as well get to work on changing that, because it doesn't sound like a good situation.

      --
      Filthy, filthy copyrapists!
    5. Re:Wrong by causality · · Score: 1

      The process you describe could just as easily be that tyranny is the end stage of all free societies.

      Sure, just as death could be called the end-stage of all living things. That doesn't mean all living things should kill themselves.

      --
      It is a miracle that curiosity survives formal education. - Einstein
    6. Re:Wrong by Jah-Wren+Ryel · · Score: 1

      That doesn't mean all living things should kill themselves.

      Uh, so who said anything about that? My point is that saying tyranny is ipso facto unstable and "free societies" are ipso facto stable is not supported by the evidence.

      --
      When information is power, privacy is freedom.
    7. Re:Wrong by Linknoid · · Score: 1

      For the longest time I never really understood what people meant when they're talking about rights, they're a very abstract notion. But I recently read a book about the Bill of Rights, and discovered that the term "right" in this context is the opposite of wrong, i.e. "right and wrong". So if you say someone has a right to do something, you're saying that it's right for them to be allowed to take that action (instead of wrong). That doesn't mean that anyone is required to give you those rights, but by saying it's a right, you're saying that if someone takes it away, they're doing something wrong.

  49. Re: concept of what it means to be human by girlintraining · · Score: 0

    Personhood includes - or should include - other living things, like cats and dogs and other sundry 'pets', wildlife, extraterrestrials, cyborgs, artificial intelligences (Bicentennial Man, et al), etc. Theory of mind might be involved here.

    Cats and dogs aren't sentient. Neither is wildlife. Extraterrestrials don't exist, and neither do cyborgs. Artificial intelligences are too primitive to date. However, I'm going to depart from my previous statement that human rights belong to everyone... they belong to everyone except you.

    You are clearly too stupid to be trusted with them.

    --
    #fuckbeta #iamslashdot #dicemustdie
  50. kill -9 them all ... by PPH · · Score: 1

    ... and let root sort them out.

    --
    Have gnu, will travel.
  51. Re:Unintention? Gone Awry?? Incorrectly programmed by Pseudonym · · Score: 5, Informative

    If you do not know it yet, that famous " I Have A Dream " speech by Martin Luther King is not permitted to be aired anywhere, unless you can obtain agreement from the copyright owners

    Just to be clear on one point.

    That this historically important speech can be effectively banned (except for fair use) is disturbing. That it is effectively banned is almost entirely due to his highly dysfunctional family.

    --
    sub f{($f)=@_;print"$f(q{$f});";}f(q{sub f{($f)=@_;print"$f(q{$f});";}f});
  52. How much was Ustream paid? by tepples · · Score: 0

    How much was World Science Fiction Society, the presenter of the Hugo Awards, paying Ustream to carry the feed? If nothing, then there was ABSOLUTELY NO WARRANTY. Otherwise, what warranty provision is in that contract?

    1. Re:How much was Ustream paid? by theNAM666 · · Score: 1

      Could you cite statute or precedent or applicable common law or such to back that up? Counter a tort claim?

      I didn't think so. But thanks for playing.

    2. Re:How much was Ustream paid? by TapeCutter · · Score: 1

      That you can sue doesn't mean you should. This is the same fundementaly amoral behaviour used by the MAFIAA when suing people in the US for imaginary damages to imaginary property. Attempting to hurt them with the same tatic isn't going to help anyone, it just legitimises the legal crap shoot. Barring any disputed service level agreement Hugo signed up for, the only reason I can see for Hugo to sue would be for the publicity, and they already have as much of that as they will ever get over this issue.

      Speaking of Dr Who, the ABC/BBC have a common sense solution to a 21st century problem. I was one of those who watched it on iView, I hope other Aussie fans will do likewise and put their eyballs where their mouth is. For those Aussies on a capped ISP line, most ISP don't meter iView but best to check first.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    3. Re:How much was Ustream paid? by Havenwar · · Score: 2

      Well yes, but sometimes the bullies are too dumb to realize they shouldn't hit people until someone actually hits back. It's really that simple, and saying it isn't going to help anyone is making a rather gross assumption based on moral values that aren't shared by the people on the other side of the argument. There's nothing amoral about self-defence, and in most of the world you are legally and socially allowed to fight back with an equal amount of force that you're being fought with: if they come at you with a knife, you can fight back with a knife. If they come at you with their hands, you fight back with your hands.

      So I say they should definitely consider suing if their legal team says they have grounds. Smacking the nose of the opposition and making them have to think twice about how heavyhanded they are in protecting their copyrights would be beneficial to everyone... and yes, they would indeed think twice: we all know how much they love money and how much they'd hate to leave themselves open for massive losses.

    4. Re:How much was Ustream paid? by icebraining · · Score: 1

      How are Ustream bullies? They're merely following a CYA approach in case the real bullies (the copyright holders) come knocking. And considering that the convention were usign a Free account, why shouldn't they?

    5. Re:How much was Ustream paid? by Havenwar · · Score: 1

      Well, let's see... Bully A, let's call him Steve, goes and tells innocent bystander B, let's call him Doofus, to go give the victim, let's call him icebraining, a wedgie. Doofus is so scared of Steve, that he not only wedgies icebraining, but gives him an atomic wedgie and locks him in his locker, and to top it off, fills it with shaving foam.

      Steve is a horrible bully, no denying... but Doofus is still bullying icebraining, doing wrong, ethically, morally, totally.

      So, while I agree that there isn't likely to be a case here since they were using a free account, my point still holds - it isn't morally wrong to hit back with the same tactics. Ideally against Steve, but you can't reach Steve... so hitting Doofus back hard enough that he stops thinking it's a good idea to go above and beyond in his running errands for Steve, well, that'll still have a positive effect overall.

    6. Re:How much was Ustream paid? by icebraining · · Score: 1

      Except nobody is giving anyone "wedgies". They're simply stop doing a favor to the Worldcon, and they have every right to do so.

      If Worldcon doesn't like to rely on favors, maybe they should've paid and become a customer.

    7. Re:How much was Ustream paid? by Havenwar · · Score: 1

      In this particular case I agree, but like I said I was arguing the morality of the action, not the specific case. It's still possible they have grounds for legal action, that depends on the terms of service associated with the free service. (A contract is a contract even if the price of the product is zero.) But I doubt it, and I leave that judgement entirely up to their legal team, it's beyond my expertise.

      The moral side on the other hand, isn't, so I can indeed argue that if they do have grounds to sue according to said legal team, then they would be within their moral rights to do so.

      If you wish to further debate the existence or not of a legal case, go find a lawyer.

    8. Re:How much was Ustream paid? by icebraining · · Score: 1

      My whole point is about the morality, not the legality. I think your analogy is completely flawed.

      The only thing Ustream did was to decide they didn't want to do a favor that potentially exposed them to being sued. I think they have every moral right to do so, and Worldcon has no one to blame except themselves.

      Would I prefer if Ustream continued to stream? Absolutely. But I don't think they were in any way morally required to do so, and in fact I find that line of reasoning extremely dangerous.

    9. Re:How much was Ustream paid? by Havenwar · · Score: 1

      Morally they were required to choose between acting out of fear for the bully or respect for their customer. I come from a socialist country, so perhaps it's not so strange that I argue they should have sided with the customers. I find it morally reprehensible that they choose not only to do what they are legally required to do - remove streams AFTER legitimate complaints - but to preempt the situation by means that have the risk of cutting off legitimate streams such as this. Going above and beyond was the choice of ustream, to as you put it, cover their ass.

      On one hand covering your own ass isn't necessarily morally wrong... to bully the end user on behalf of the *AA is not necessarily morally wrong, because they have little choice about it. But they do have a choice in how far they go... and then it becomes wrong, when they go further than they have to.

      I'd like to point out that ustream agrees with this point, to the degree that in their CYA-apology they point out they've stopped using the third party service that caused this until such a time that they can re-calibrate it to make sure this doesn't happen again.

    10. Re:How much was Ustream paid? by Anonymous Coward · · Score: 0

      That's nuts. If someone comes after you with their hands, you knife them. If they come at you with a knife, you shoot them in the face. There's no fair-play when attacked.

    11. Re:How much was Ustream paid? by Anonymous Coward · · Score: 0

      That's american rules, and third world rules. The civilized nations usually see things from a morally higher ground.

    12. Re:How much was Ustream paid? by budgenator · · Score: 1

      The only thing Ustream did was to decide they didn't want to do a favor that potentially exposed them to being sued. I think they have every moral right to do so, and Worldcon has no one to blame except themselves.

      No actually they (they as is 3rd party programs installed at the *IAA request or under threat of legal action for refusal) stopped the program in mid-stream, then threw up a banner stated the stream was blocked due to copyright infringement. Which was not only untrue, it was libelous and infringed on distribution rights.

      On Sunday night, The Hugo Awards were streaming live on Ustream (The Hugo’s are like the Academy Awards for science fiction). Very unfortunately at 7:43 p.m. Pacific time, the channel was automatically banned in the middle of an acceptance speech by author Neil Gaiman due to “copyright infringement.” This occurred because our 3rd party automated infringement system, Vobile, detected content in the stream that it deemed to be copyrighted. Vobile is a system that rights holders upload their content for review on many video sites around the web. The video clips shown prior to Neil’s speech automatically triggered the 3rd party system at the behest of the copyright holder. Hugo Awards: An apology and explanation

      I don't mind that the *IAA's protect their member's rights, but they claim damages on others, yet are held unaccountable for their errors, which I find morally reprehensible.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    13. Re:How much was Ustream paid? by icebraining · · Score: 1

      How does it infringe on distribution rights? Distribution rights don't give you the right to distribute the content over other people's networks, if the owners of such networks don't want you to.

      Sure, I can agree that the banner words were incorrect, and they were wrong for using such language in an automated scanner.

      I don't mind that the *IAA's protect their member's rights, but they claim damages on others, yet are held unaccountable for their errors, which I find morally reprehensible.

      Sure, you won't find me defending the RIAA or MPAA actions. I was talking about Ustream here.

    14. Re:How much was Ustream paid? by dee3 · · Score: 1

      Just as a point of information, it is my understanding that the World Science Fiction Society normally maintains this Ustream account in the free Trial mode because they are normally not streaming anything. However, it was upgraded for the month of September to Starter level because of the Hugo Awards ceremony so they were paying a small amount.

      Donald Eastlake

    15. Re:How much was Ustream paid? by budgenator · · Score: 1

      How does it infringe on distribution rights? Distribution rights don't give you the right to distribute the content over other people's networks, if the owners of such networks don't want you to.

      See that's the whole Point, Ustream wanted the distribution over it's network; it was blocked by 3rd party software, installed at the insistence of the *IAAs

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
  53. Re:How much is reading comprehension worth? by Anonymous Coward · · Score: 0

    How much was World Science Fiction Society, the presenter of the Hugo Awards, paying Ustream to carry the feed? If nothing, then there was ABSOLUTELY NO WARRANTY. Otherwise, what warranty provision is in that contract?

    You seem to be confusing "consideration in a negotiated contract" with "right to distrubte that every copyright holder has under the law".

    If you think the latter is invalid then please tell us why. But you replied to somebody who was NOT talking about the former.

  54. Re:Unintention? Gone Awry?? Incorrectly programmed by Taco+Cowboy · · Score: 4, Insightful

    If you do not know it yet, that famous " I Have A Dream " speech by Martin Luther King is not permitted to be aired anywhere, unless you can obtain agreement from the copyright owners

    Just to be clear on one point.

    That this historically important speech can be effectively banned (except for fair use) is disturbing. That it is effectively banned is almost entirely due to his highly dysfunctional family.

    Talking about historical clip - we must thank NASA for not filing any copyright claim over (the late) Neil Armstrong's landing on the moon - or none of us could get to enjoy the " This is one small step for a man, one giant leap for mankind " moment.
     
    Back to Mr. King's famous speech -
     
    Whether Mr. King's family is "highly dysfunctional" or not, it should have no effect on the airing of the historical clip, if not for the copyright laws
     
    Right now, as it is, they - the "highly dysfunctional family" can keep acting out their "highly dysfunctional" behavior for a whooping 75 years after Mr. King's death because, according to the way the copyright laws are written, they have the whole right over that damn thing
     

    --
    Muchas Gracias, Señor Edward Snowden !
  55. Re: concept of what it means to be human by causality · · Score: 2

    Cats and dogs aren't sentient. Neither is wildlife.

    They aren't sapient. But they are definitely sentient. They have feeligs. They have likes and dislikes. If they are in pain they cry out, just like we do.

    Reason is what we can do that they cannot. It's one of our very most human qualities. I wish it were more widely appreciated as such. Reason would never lead you to harm another or violate another's rights, at least not without some damned solid provocation.

    --
    It is a miracle that curiosity survives formal education. - Einstein
  56. Re: concept of what it means to be human by Pseudonym+Authority · · Score: 0

    Back to PETA forums, idiot !

  57. i've heard this ignorant statement before by circletimessquare · · Score: 3, Insightful

    i live in a country, the usa, that believes that the free market should supply what the government does not. ok, but first we must admit that we aren't talking about the free market, we are talking about monopolies and oligopolies that dominate a market space just as much as a government in a communist country does. there is no competition. there are entrenched massive players and a few marginal pipsqueaks. enough with the lies about the fantasy of a fair marketplace, especially as the largest players collude with the government and warp the rules to entrench their position

    a statement like yours presupposes that i have a free choice to shop somewhere else. therefore i have no right to demand anything from a capitalist corporation. i should simply choose another capitalist corporation to serve my needs. when of course the truth is that youtube dominates it's space, and to post my video somewhere else automatically dooms me to less views

    therefore, if we are going to go with this delusion that the market will provide what the government should not, then we are going to hold to the marketplace behemoths demands that otherwise we could only hold against the government, such as conforming to certain rules of fairness, since i live in a country that abdicates to the "free market" what the government otherwise would provide

    where do these ignorant twits who believe in the immaculate fair marketplace that never existed and never will come from exactly? it's like a demented pseudoreligion, whose adherents cling to their nonsense in spite of all overwhelming economic fact and historical evidence like a creationist or a ufo cultist

    no: if the market is dominated by a monopoly or oligopoly, the people can and should demand of them rights and protections since it is not possible to simply shop somewhere else and get anywhere near the same service. youtube provides, in effect, a public service. so you can, and should, hold it to standards of conduct on the same level as a government entity

    you can't have it both ways. either the government provides the service, and then you demand a certain level of service, or the government abdicates to the monopoly, and then you have no right to demand any level of service? bullshit

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:i've heard this ignorant statement before by Anonymous Coward · · Score: 0

      But you don't want a fair balance, you want things tilted in your favour. You don't want to be equal, you want to be special.

      And that's fine. You have every right to be upset about Google/Youtube not wanting to host your content, but too bad. They have to balance your rights versus the rights of various copyright holders. They have to because the courts and the law of the land forces them to.

      Why should Google/Yahoo be forced to expose themselves to liability for your sole benefit?

      It doesn't make sense. Want to be angry? Be angry at the government that denies Youtube the right to be a "common carrier" without restriction (for example, the phone company is not responsible for infringement if you have britney spears playing in the background when you are crying to your mommy about not being able to post a video on youtube).

    2. Re:i've heard this ignorant statement before by Anonymous Coward · · Score: 0

      For one thing, we're still figuring out how the internet works, business-wise, so many of the issues currently in play have no precedent. The internet provides universal access, so things tend to boil down to who-ever performs the service the best ends up on top. Better selection, better performance, etc.

      Still, that is the rub - what exactly are your options here? Youtube undoubtedly uses these auto-detection systems simply to deal with the sheer load of videos that get posted. Because they are so large, they have to make compromises there. (numerous stories lately about the people who have to moderate such sites and the horrible content they have to experience). Now, if these compromises are too objectionable, then it should drive customers away. I'm not saying it's the free market and I'm not saying it's easy, but Youtube doesn't have a complete monopoly on web hosted videos (porn sites are indicative enough of that).

      What are your needs here? That it can be accessed? That it can be embedded?

      My point is - why specifically do you need/want Youtube's service to do this?

    3. Re:i've heard this ignorant statement before by Sigma+7 · · Score: 1

      But you don't want a fair balance, you want things tilted in your favour.

      Tilting in one's favor involves stuff being allowed by one person with no repercussions.

      This is more than obvious when NASA's Youtube channel was taken down for copyright infringement. The news companies that made this claim also attacked random people who mirrored NASA's videos.

      It's also obvious when you have a 16-year-old send DMCA takedown notices to Youtube, and not get caught because he used incorrect contact information. The affected people had to wait ~2 weeks to get everything restored, while the kid just needed a few hours of effort.

      A balanced system permits fast response in either direction, does not tolerate purjury (on either side), and still makes it easy to take care of infringement. Anyone who spent more than a few seconds looking how to write laws should know how to make this possible.

    4. Re:i've heard this ignorant statement before by circletimessquare · · Score: 1

      i want to post videos without being tried and found guilty of copyright infringement by AI, and then the burden placed on me to prove my innocence, and then wait while i am approved to participate in what amounts to the online public square

      that's me "wanting to be special?"

      what an asshole

      --
      intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    5. Re:i've heard this ignorant statement before by circletimessquare · · Score: 1

      if something serves as the de facto public square, then the public gets to decide the rules. it is owned by a corporation? ok, but the corporation is basically a monopoly, therefore, it is the same sort of entity as a government anyways, especially as it colludes with the government that is supposed to represent my interests. so we move the government to establish regulations in the service of the public on the corporate controlled public square

      --
      intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    6. Re:i've heard this ignorant statement before by Anonymous Coward · · Score: 0

      Yes, which has been done - that's why the video got flagged and taken down in the first place.

    7. Re:i've heard this ignorant statement before by circletimessquare · · Score: 1

      Corporate hijacking of my govt via financial influence does not count

      --
      intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    8. Re:i've heard this ignorant statement before by Anonymous Coward · · Score: 0

      Youtube is not a public service. You don't have to use youtube, nor do you need it in your life. Stop using this as an excuse against the free market. You sound very confused.

  58. Re:Unintention? Gone Awry?? Incorrectly programmed by McFadden · · Score: 1

    It must be, according to TFA, a case of "incorrectly programmed copyright enforcement squad" that is the culprit

    Because that was the reason. If you want to make a political statement, go ahead, but that doesn't change the factual basis for the error.

  59. Re:Unintention? Gone Awry?? Incorrectly programmed by ThePeices · · Score: 1

    If you do not know it yet, that famous " I Have A Dream " speech by Martin Luther King is not permitted to be aired anywhere, unless you can obtain agreement from the copyright owners

    Just to be clear on one point.

    That this historically important speech can be effectively banned (except for fair use) is disturbing. That it is effectively banned is almost entirely due to his highly dysfunctional family.

    Talking about historical clip - we must thank NASA for not filing any copyright claim over (the late) Neil Armstrong's landing on the moon - or none of us could get to enjoy the " This is one small step for a man, one giant leap for mankind " moment.

    Back to Mr. King's famous speech -

    Whether Mr. King's family is "highly dysfunctional" or not, it should have no effect on the airing of the historical clip, if not for the copyright laws

    Right now, as it is, they - the "highly dysfunctional family" can keep acting out their "highly dysfunctional" behavior for a whooping 75 years after Mr. King's death because, according to the way the copyright laws are written, they have the whole right over that damn thing

    Thank you for correctly quoting Neil Armstrong.

  60. Well you know what to do by Anonymous Coward · · Score: 0

    Stop using UStream, and make sure to tell everyone you know not to use it.

    A fuckup like this is unacceptable.

  61. Re: concept of what it means to be human by girlintraining · · Score: 2

    They aren't sapient. But they are definitely sentient. They have feeligs. They have likes and dislikes. If they are in pain they cry out, just like we do.

    Umm... sentience requires consciousness, in other words: An awareness of self. Your pets don't have that...

    --
    #fuckbeta #iamslashdot #dicemustdie
  62. Libel by Animats · · Score: 3, Interesting

    If UStream actually used the words "Worldcon banned due to copyright infringement", Worldcon can sue for libel. They were falsely and publicly accused of a criminal act.

  63. Re: concept of what it means to be human by macraig · · Score: 1

    You are clearly so less sentient that I can't see you as anything but food. You're food, you don't have rights.

    Tosser.

  64. Re: concept of what it means to be human by TarPitt · · Score: 3, Informative

    Umm... sentience requires consciousness, in other words: An awareness of self. Your pets don't have that...

    Can't speak for cats, but dogs do have a basic "theory of mind" as do other intelligent social animals.

    Horowitz, A. (2009). Attention to attention in domestic dog (Canis familiaris) dyadic play. Animal Cognition, 12, 107-118., cited in http://en.wikipedia.org/wiki/Theory_of_mind#cite_note-69

    --
    If your children ever found out how lame you are, they'd murder you in your sleep
  65. Re:can an AI bot... have good faith? by theNAM666 · · Score: 1

    DMCA would seem to require a good faith belief in the merit of a copyright claim. I'm not sure an "AI" bot meets that standard.

  66. Do rights exist without institutional recognition? by theNAM666 · · Score: 3

    > If there is no entity enforcing a right, then you do not have it, as simple as that.

    That seems to me a slipperly slope, and a dangerous one at that. The counterargument is that the *right* still exists, and it is up to individuals or civil societies, to force its recognition. Else you fall down the slope to "oh, ok, the right doesn't exist because no one will enforce it, so forget about it."

  67. Re:Unintention? Gone Awry?? Incorrectly programmed by Cyberllama · · Score: 1

    Well you *can* air the I Have A Dream speech if you want, you'll just probably be sued. You might win. As I understand it, it's sort of a dubious claim.

  68. Re: concept of what it means to be human by Anonymous Coward · · Score: 0

    Sentience (and consciousness) isn't boolean (in practice, very few things are). "Simpler" animals, like rats, have less sentience than smarter animals like apes, but they still do have some. Or would you argue that a gorilla is as sentient as a rock?

    Extraterrestrials don't exist

    Prove it.

    You are clearly too stupid to be trusted with [human rights].

    A nation's greatness is measured by how it treats its weakest members. Even if he said something stupid he deserves basic rights (and I don't think he did, it isn't unthinkable that in a few centures we can, for instance, create new intelligent species, who wouldn't be human but should have the same rights). We're in the 21th century, I shouldn't have to argue that human beings should have a few rights.

  69. Re:Unintention? Gone Awry?? Incorrectly programmed by Anonymous Coward · · Score: 2, Funny

    Thank you for correctly quoting Neil Armstrong.

    And thank YOU for entirely quoting two previous posts so as to add one line of comment.

    Say, do you use Google Groups perchance?

  70. Re:Unintention? Gone Awry?? Incorrectly programmed by l0ungeb0y · · Score: 1

    Ohh I'm sure NASA would if they could -- but considering the fact that they are a TAX PAYER FUNDED PUBLIC AGENCY, anything and everything written or recorded is subject to the FOIA.

    Moon rocks however, being tangible assets are the sole property of the US Government and owning one, no matter where or how you claim to have procured it can lead to jail time. So don't be so quick to applaud NASA.

  71. Re:Unintention? Gone Awry?? Incorrectly programmed by Anonymous Coward · · Score: 0

    That's because what Nasa does is PD by default because it's the public that paid for it. Now, that's to a point. For instance, you could make an add showing an astronaut holding your product, but you can't use their faces, since that would be an implied endorsement - and those require approaching the person or their estate with a deal (as you should).

    Specifically, you could have an astronaut from one of the Nasa photos (with the visor down) holding a jar of "Tang".

    You could NOT shout "Neil Armstong loves to roll around in Tang like a rabid weasel" in the headline with a picture of Neil Armstrong's face.

  72. UStream Should Become A Casualty by Anonymous Coward · · Score: 0

    The solution to this is simple: Don't ever use UStream for anything again. Destroy Ustream. Perhaps others will take the hint and be a little more careful with their DRM implementations.

  73. Re: concept of what it means to be human by SuperTechnoNerd · · Score: 1

    I have 4 cats and they are all individual little people with different personalities. :)

  74. Re: concept of what it means to be human by SuperTechnoNerd · · Score: 1

    An awareness of self. Your pets don't have that...
    I am not so convinced of that..

  75. Re:Unintention? Gone Awry?? Incorrectly programmed by SuricouRaven · · Score: 1

    Copyright on IHAD expires, as best I can work out, at the end of 2013 in the UK. It's got a couple of decades to go in the US after that.

    I, though, am in the UK. I am also an exclusively British citizen. I have a website hosted in the UK, by a UK company, paid for via a UK bank. And I promose you this: Before January 2013 is out, IHAD is going to be on that website - and it is going to be accessible to the world.

  76. Re:Unintention? Gone Awry?? Incorrectly programmed by Sique · · Score: 1

    Martin Luther King's family quarreling over his heritage and estate is no less functional and quite similar to many other families feuding over the heritage and estate of their only ever famous late member.

    --
    .sig: Sique *sigh*
  77. Re: concept of what it means to be human by macraig · · Score: 1

    I have five: one cat and four Consequences. (I took in a skinny stray, kept her indoors. How was I to know the growing bulge was four little 'pre-existing' embryos and not just a consequence of being well-fed?) Each is unique, though they have all learned some perceptions or behaviors from me (I raised them from birth). There were at least two fathers involved, and the two long-hairs share certain behavioral traits that the short-hairs do not; much about those "personalities" is hard-wired by the father's epigenetics, according to what I've read. Still, I am routinely amazed by how much they behave like hairy little one-year-old nonverbal autistic children. Do they lack self-awareness, as some homo-centric people like GiT claim? I'm not so sure we have the proper tests to disprove it.

  78. Eh? by Anonymous Coward · · Score: 0

    "has not wreck enough havoc yet"

    Shouldn't havoc be wrecked? It's not like we want havoc, do we?

  79. Re:Unintention? Gone Awry?? Incorrectly programmed by TheRaven64 · · Score: 1

    He didn't correctly quote Neil Armstrong, he correctly quoted Neil Armstrong's script. He fluffed his lines when he actually stepped onto the moon. Which, come to think of it, is pretty convincing evidence that it wasn't faked: on a sound stage you'd just go back for a second take...

    --
    I am TheRaven on Soylent News
  80. That's not an apology! by Eroen · · Score: 2

    According to the linked essay, "Ustream's CEO Brad Hunstable has finally made a public apology about the incident", available here (http://www.ustream.tv/blog/2012/09/03/hugo-awards-an-apology-and-explanation/)

    The only part (apart from the header) that looks like an apology in any way is

    We had many unhappy viewers as a result, and for that I am truly sorry.

    Yes Brad. We understand you are sorry everyone is mad at you. Nobody likes others hating them, even when it is well deserved and appropriate, such as in this case. Nobody likes losing business. Still, an apology looks like "I'm sorry I stole, I will never do it again" and not like "I'm sorry I got caught stealing, you won't catch me doing it again."

  81. Re:Calm Down,... by Anonymous Coward · · Score: 0

    So, this piece of history is officially lost forever?

  82. Re:Unintention? Gone Awry?? Incorrectly programmed by Anonymous Coward · · Score: 0

    But hopefully the rumour spread some awareness. Everyone I know is talking about buying the music from Apple, not renting, and they are damn sure they own the music. Even if it's not a big problem it's good to have the actual facts. And it's both very impractical and kind of creepy to keep your father's zombie account around for generations. ;)

    Of course, the same might go for Steam, Google Play and any other with a similar business model - I haven't checked. iTunes just happens to be the high profile one where the devote users talk a lot (and loud) about how they BUY their music (as opposed to "STEALING" [sic] it).

    Funny how it's property that can be stolen on one hand, and non-property that can only be licensed on the other. At the very least we should demand either or and be consequent about it.

  83. Re: concept of what it means to be human by Geeky · · Score: 1

    Artificial intelligences are too primitive to date.

    I've dated some fairly primitive humans, so I'm not so sure about this. Stick Eliza in a Real Doll and that'd do me.

    --
    Sigs are so 1990s. No way would I be seen dead with one.
  84. Re: concept of what it means to be human by shentino · · Score: 1

    I can neither confirm nor deny the existence of extra terrestrials.

    Not because it's a government secret, but because I honestly don't have a fucking clue one way or the other.

    It is not something that can be proven or disproven conclusively. There is supposedly a large part of the universe that is beyond the point at which the metric expansion of space exceeds the speed of light relative to our present location, which means any information from them will never reach us.

    What if there were extra terrestrials beyond that boundary? We would never know.

  85. Next time... by Anonymous Coward · · Score: 0

    So next time don't use a free (as a beer) account. If you're broadcasting something important either read the fine print before or use a nice Telstar, Eutelsat or Astra satellite.

     

  86. Re:Unintention? Gone Awry?? Incorrectly programmed by icebraining · · Score: 1

    Why 2013? From what I can tell, the term in the UK at the time was life + 50 (from the Copyright Act 1911), so that should be 2018, no?

  87. Re:How much is reading comprehension worth? by icebraining · · Score: 1

    Nobody as a right under the law to use Ustream's network. Barring contracts, they can cut them off for any reason they want.

  88. Re:Do rights exist without institutional recogniti by icebraining · · Score: 1

    Parent said "have it", not exist.

    A right is a concept. An idea. In that sense they still exist. Whether that's helpful or not is a different issue.

  89. Re:Unintention? Gone Awry?? Incorrectly programmed by metacell · · Score: 3, Funny

    Ah... but what if they anticipated that argument?

  90. inverse copyright infringement. by darkonc · · Score: 1
    As I understand iit, copyright isn't just the right to prevent others from copying. It's also the right to make your own copies.

    Given that, would it be possible to sue the maker of an incorrect DMCA claim for copyright infringement with per-copy statutory damages for the destroyed copies? The DMCA does make provisions for false take-down notices....

    --
    Sometimes boldness is in fashion. Sometimes only the brave will be bold.
  91. Re:Your sig. by Anonymous Coward · · Score: 0

    1.Netcraft confirms:In Soviet Russia all your base welcomes a beowolf cluster of CowboyNeal overlords. 2.? 3.Profit!!1!

    You forgot to mention the raspberry pi and bitcoins.

  92. Re:Unintention? Gone Awry?? Incorrectly programmed by metacell · · Score: 2

    I doubt this was a technical error; rather, it's a design error, caused by the current legal system. Service providers design their take-down bots to take down everything that looks like copyright infringement to be on the safe side and avoid being sued. Respecting the end user's fair use rights barely registers, because they are unlikely to sue, can't claim much damages, and the service provider can disown their responsibility against the end-user in the service agreement.

  93. Surprised? by Anonymous Coward · · Score: 0

    Real intelligence makes mistake everyday. AI is no different. Welcome to the future.

    I hope everyone gets to see the speech sometime.

  94. Meanwhile in college.. by gale+the+simple · · Score: 1

    .. my microeconomics professor argues: " You want artists not to be paid?".. I just went back to school and in my first class I have to argue with a teacher who on a daily basis affects people's opinions. Then again, maybe I am being too optimistic. I mean, who listens to the teacher...

    --
    This post is provided without warranty as to reliability, accuracy or otherwise or fitness for any particular purpose.
  95. Re: concept of what it means to be human by metacell · · Score: 1

    "Sentience" is one of those words everybody seems to be using different definitions for. You're defining it as "self-awareness"; the GP seems to be defining it as "the capacity to experience" (which is probably closer to the original meaning).

  96. Two way street? by fox171171 · · Score: 1

    If you can get your ass sued for infringing, shouldn't they get sued for censoring something that is not infringing? After all, that infringes on our rights.

  97. Licence or fair use by tepples · · Score: 1

    You seem to be confusing "consideration in a negotiated contract" with "right to distrubte that every copyright holder has under the law".

    If you think the latter is invalid then please tell us why.

    Without knowledge of the precise facts of the case, I can only suggest the most likely reasons why Ustream couldn't rely on the BBC's government-granted power to prevent others from distributing to justify pulling the stream: A. a performance licence from the BBC in return for allowing the BBC to submit the work for nomination, and B. a plausible fair use defense to identify the works for which an award was granted.

  98. censorship by uncoveror · · Score: 1

    Here is further proof that locking up ideas as property is no less a form of censorship than suppressing them.

    --
    The Uncoveror: It's the real news.
  99. Re:Unintention? Gone Awry?? Incorrectly programmed by Digital+Vomit · · Score: 1

    "This is one small step for a man, one giant leap for mankind"

    Thank you for correctly quoting Neil Armstrong.

    ? The OP made two mistakes in an eleven word quote.

    "That's one small step for man, one giant leap for mankind"

    http://en.wikipedia.org/wiki/Neil_Armstrong#First_Moon_walk

    --
    Modern copyright is theft of culture from everyone and it retards the progress of the useful arts and sciences.
  100. As Stephen Colbert might have put it ... by ThePhilips · · Score: 1

    Nailed 'em!

    --
    All hope abandon ye who enter here.
  101. Re:How much is reading comprehension worth? by nedlohs · · Score: 1

    A copyright holder does not have the "right to distribute" by hooking up a projector to a power outlet in my house, putting the projector in my yard, and projecting their video onto the side of my house. I can simply pull the plug, call the police, or whatever.

    If they've entered into an agreement with me then sure they might be able to sue me for not living up to my end if I pull that plug.

    Similarly Ustream is free to block any video they are streaming at a whim, unless they've entered into some kind of contract saying they won't in which case sue away.

  102. Re: concept of what it means to be human by nedlohs · · Score: 1

    It can be trivially proven, just find an example. Disproving is impossible with our current level of technology and completely impossible if our current understanding of physics is close to correct.

  103. Re:Unintention? Gone Awry?? Incorrectly programmed by Anonymous Coward · · Score: 0

    Actually, we must thank the US constitution for that, as it prevents a government agency (like NASA) from creating copyrighted works.

  104. Re:Unintention? Gone Awry?? Incorrectly programmed by PriyanPhoenix · · Score: 1

    GP is presumably referring to copyright in the sound recording which is 50 years from the time of recording. Copyright in the underlying work (i.e. the text of the speech) is longer.

    --
    "Yes, Virginia, there is a Great Cthulhu..."
  105. Re:Unintention? Gone Awry?? Incorrectly programmed by Anonymous Coward · · Score: 0

    Right now, as it is, they - the "highly dysfunctional family" can keep acting out their "highly dysfunctional" behavior for a whooping 75 years after Mr. King's death because, according to the way the copyright laws are written, they have the whole right over that damn thing

    He died in 1968 I believe. So that would make it 44 years after his death. It's bad enough already, no need to exaggerate.

  106. Ustream apology UPDATED by BcNexus · · Score: 1

    At first I thought: "Well, they should have bought UStream's Pro service in order to whitelist their broadcast, but an update to the founder's apology says that Ustream will whitelist free streams as well:

    Users of our paid, ad-free Pro Broadcasting service NOTE: UPDATED CLARIFICATION and those free broadcasters who notify Ustream in advance they have copyrights permissions (Ustream's messaging to our broadcaster community how this process works is inadequate. We are resolving this now) are automatically white listed to avoid situations like this and receive hands-on client support.

    http://www.ustream.tv/blog/2012/09/03/hugo-awards-an-apology-and-explanation//

    PS: How are free streams supported? Do they have ads inserted into them, or what?

  107. If you "enforce" a copyright you do not own... by Anonymous Coward · · Score: 0

    ...you should be treated just like any other copyright infringer, subject to the huge damages claimed for file sharing. I bet the bots would be a bit more precise if you were charged a hundred grand every time you tried to take down a youtube video you had no rights to.

  108. You missed my point I think by aepervius · · Score: 1

    Whether history is cyclical or not, whether dictator or tyrant come and go, and whatever the founding father had in mind do not matter. At any time, a right which is not enforced and protected by a culture is a right you do not have. Heck one of the example is the recognition that free speech is an an absolute right and can be limited in some case. See for example yelling "fire!" in crowded theater, libel laws, limitation by the government to which category of people some speech type can be distributed (pornography) down to limiting downright some speech type (child pornography even in crayon/picture form). And if tomorrow the US went tyrannical and trampled everybody which pretended to speak freely, the free speech right would be lost (until and IF what replace the tyranny enforce that free speech right). heck if free speech was a natural right, why is it not existing for most of the history and most of the people ? Answer : it isn't. natural right are non existent. Only right given and enforced by government can be used. In the case of free speech it is an inclusive and self limit on the government.

    --
    C. Sagan : A demon haunted world:
    http://www.amazon.com/gp/product/0345409469/
    visit randi.org
  109. Re:Unintention? Gone Awry?? Incorrectly programmed by Anonymous Coward · · Score: 1

    Somebody has to determine the context even if Google can't!

  110. I do not pay for books. by Anonymous Coward · · Score: 0

    I major in a hard science. I have not paid for a single book in all my 3 years in University. All of them were downloaded for free from torrents, etc.

  111. Will not read the article by Anonymous Coward · · Score: 0

    Annalee Newitz is a douchebag.

    1. Re:Will not read the article by hguorbray · · Score: 1

      posting to undo bad moderation

      -I'm just sayin

  112. Re:Unintention? Gone Awry?? Incorrectly programmed by meerling · · Score: 1

    I suspect they were talking about how long they would be able to assert copyright control over an important historical public speech.
    Although I think they changed it a couple years ago to 90 years after death so mickey mouse - steamboat willie wouldn't fall out of copyright.

  113. Re:Unintention? Gone Awry?? Incorrectly programmed by NoNonAlphaCharsHere · · Score: 4, Funny

    "This is one small step for a man, one giant leap for mankind You should kill us all on sight "

    FTFY

  114. Re: concept of what it means to be human by Anonymous Coward · · Score: 0

    Ethical behaviour should not be tied to the concept of personhood, but to the concept of producing suffering directly or indirectly. Personhood Games have been played ever since somebody figured out their god is mightier than the god of their neighbors, intensifying to the shade of skin and other external appearances, like financial and property conditions as the determining factor.
    We must eat what we must eat, defend those in need of defending when we have to and continue living. Still our actions can be ethical in the sense of avoiding the production of suffering as we are able to see it. The responsibility of others is to interfere when we produce suffering without realizing it. This way the definition of ethics is contradictory form the point of the individual, and noncontradictory from the point of the society.

  115. Re:How much is reading comprehension worth? by sumdumass · · Score: 1

    Not necessarily. There can be an implied contract or warranty for service. If Ustream only streamed contracted events or programs you would be right. But if they stream as a public accommodation, source of self promotion, philanthropy, or any other reason and claim they will stream something as part of that, then an implied contract can be inferred without an actual contract existing. The difficulty lies within being able to enforce it without a written agreement. Sometimes it is obvious and there is not problem, sometimes it is less obvious and the case needs to be made.

  116. Re:Unintention? Gone Awry?? Incorrectly programmed by tokul · · Score: 1

    Talking about historical clip - we must thank NASA for not filing any copyright claim over

    They are US government agency. Do we have to thank them for following USA laws on copyrights?

  117. Re: concept of what it means to be human by Anonymous Coward · · Score: 0

    Of course my pets are conscious, other than the pet rock. This is how they're able to have desires and interact with their environment.

    Don't mistake a lack of higher-level reasoning for a lack of consciousness.

  118. Re:Unintention? Gone Awry?? Incorrectly programmed by currently_awake · · Score: 1

    And one week later you will be extradited to the USA to answer for your "crimes".

  119. It's not about greed. by fm6 · · Score: 1

    Huh. Hence all the takedown notices from companies nobody ever heard of. So even the media companies are getting ripped off.

    They're pretty stupid that way. I heard an NPR piece once (I forget the details) about an indie record label that was approached by a big media company and offered a bucket of cash to license one of their albums. They took the cash, and refrained from telling the media company that they already owned the songs on the album, which had been licensed from them in the first place.

    Then there's the issue of fair use in documentaries. If you do news or documentary film, any content you happen to pick up in the background is fair use, because it's part of the story. I heard one lawyer say that a freshman law student would flunk out if they didn't know that. Of course, any music you dub in as theme or background has to be properly licensed.

    Now, if you make a documentary, you probably get financial backing from a big media company, which makes you buy clearance insurance to protect against any claims for unlicensed content. And apparently the insurance companies are really stupid about the difference between fiction and documentary, because they'll insist that you obtain clearance for all the music that appears. The producers of Mad Hot Ballroom spent huge sums licensing the music that plays in the background. In some cases when they thought it didn't affect the story (like a scene where some kids are playing a video game), they dubbed over the music to save money.

    People talk about greedy media companies. But really, all the incidents we're talking about here — the Ustream shutdown, the Youtube takedown notices, etc. — are not about greed. They're about stupidity.

  120. Re:Unintention? Gone Awry?? Incorrectly programmed by Anonymous Coward · · Score: 0

    Been shouting that at the TV for a few days, at least I thought I did.

  121. Re:Unintention? Gone Awry?? Incorrectly programmed by Anonymous Coward · · Score: 0

    NASA can't apply copyright. As a government agency, anything they produce is automatically in Public Domain.

  122. Re:Unintention? Gone Awry?? Incorrectly programmed by desdinova+216 · · Score: 3, Insightful

    It's a family. Of course it's mostly dysfunctional. .

    FTFY

  123. Re:Unintention? Gone Awry?? Incorrectly programmed by SuricouRaven · · Score: 1

    Very close. Actually, UK copyright law would probably (IANAL) consider it a broadcast, rather than a sound recording. Different classification, but the term is fifty years either way. The text would go public domain here in 2038 (Baring any extensions passing before that date, which is entirely possible) - except that I just can't figure out if the text constitutes a seperate infringement, or if it is considered an inherent part of the broadcast. I really can't. I've searched, and - being Not A Lawyer - I just can't work it out.

  124. Re:Unintention? Gone Awry?? Incorrectly programmed by SuricouRaven · · Score: 2

    Copyright Act 1965, actually. But the term for a television broadcast isn't dated from the death of the author, but from the end of the calander year in which the broadcast occurs. Fifty years from then. The only real question is if broadcasting the spoken words would infringe on the text of the speech, which I can't figure out... but I think, and I do want that I am not entirely sure, that the spoken words would be considered a part of the broadcast.

  125. Re:Unintention? Gone Awry?? Incorrectly programmed by SuricouRaven · · Score: 1

    sorry, 1956, not 65. That was a typo.

  126. Re:Unintention? Gone Awry?? Incorrectly programmed by Phrogman · · Score: 1

    It will keep being increased to protect Disney and its idiotic mascots. For this reason are the rest of us oppressed by draconian copyright legislation and oppressive DRM schemes enforced by government institutions for the benefit of private corporations, to protect fucking Micky Mouse...

    --
    "The first time I got drunk, I got married. The second time I bought a chimpanzee, after that I stayed sober" Arian Seid
  127. Re:Your sig. by Phrogman · · Score: 1

    And of course Natalie Portman and hot grits, equally important, if slightly older memes for this website

    --
    "The first time I got drunk, I got married. The second time I bought a chimpanzee, after that I stayed sober" Arian Seid
  128. Re:Unintention? Gone Awry?? Incorrectly programmed by Anonymous Coward · · Score: 0

    We do not need to thank NASA for not claiming copyright of the moon landing. It has no such option. All works by the federal government are automatically in the public domain.

  129. Re:Unintention? Gone Awry?? Incorrectly programmed by Anonymous Coward · · Score: 0

    And that's why MTV made such heavy use of the footage in its early advertising. It was free and iconic.

  130. Re:Calm Down,... by Anonymous Coward · · Score: 0

    then perhaps the proper version of the service to use was the paid version? you want free, you get to deal with the inconveniences that make it free.

  131. Re:Unintention? Gone Awry?? Incorrectly programmed by anyGould · · Score: 2

    Ohh I'm sure NASA would if they could -- but considering the fact that they are a TAX PAYER FUNDED PUBLIC AGENCY, anything and everything written or recorded is subject to the FOIA.

    Moon rocks however, being tangible assets are the sole property of the US Government and owning one, no matter where or how you claim to have procured it can lead to jail time. So don't be so quick to applaud NASA.

    Well, they are the ones who went up and got them. If you want your own moon rock, feel free to go over and pick some for yourself.

  132. Re: concept of what it means to be human by Daetrin · · Score: 1

    Technically speaking, sentience is different from self awareness. Pets have the ability to feel things, therefore they are sentient. It is admittedly an easy issue to get confused about since fiction has adopted the term in an incorrect form.

    http://en.wikipedia.org/wiki/Sentience#Philosophy_and_sentience

    --
    This Space Intentionally Left Blank
  133. Irony by Anonymous Coward · · Score: 0

    As I was reading through these threads listening to BBC Radio 4 in Norway the stream was cut off and replaced by...'Due to rights restrictions this part of the program is unavailable' over and over and over again. Is this the future of public service broadcasting. Services already paid for, production costs covered by public funding, unavailable to the people who want to access them. And where is the benefit? How can this possibly be a sane and rational model for anything apart from pissing off listeners?

  134. Re:Unintention? Gone Awry?? Incorrectly programmed by operagost · · Score: 1

    The A/V of the moon missions were works created by the US government and therefore public domain by law.

    --

    Gamingmuseum.com: Give your 3D accelerator a rest.
  135. Re:How much is reading comprehension worth? by tepples · · Score: 1

    The difficulty lies within being able to enforce [an implied warranty] without a written agreement.

    Which is why the written agreements on these providers of purely ad-supported services tend to spell out that there is ABSOLUTELY NO WARRANTY. (All caps because the law requires disclaimers of warranty to be conspicuous, and there is case law that all caps make something conspicuous.)

  136. Re:Unintention? Gone Awry?? Incorrectly programmed by rastoboy29 · · Score: 1

    I believe the only *decent* solution is to expand fair use rights to all non-commercial use of copyrighted material.

    Yeah I'm totally trying to start a movement, my blog is in my sig. :-)

  137. Re:How much is reading comprehension worth? by sumdumass · · Score: 1

    You cannot really absolve yourself from intentional acts that result in the dismissal of implied services. For instance,you cannot claim you will dig a trench to install a new water main for my home, then knowing that the code says it needs to be 42 inches deep, dig a 6 inch to 12 inch deep trench and say your terms disclaimed any warranty. Another instance, I cannot claim to offer a babysitting service, have you use my service and run out after 4 hours claiming absolutely no warranty when I was supposed to watch your kids for the 8 you were at work. Alternatively, in both situations, I can get hurt and require medical attention and get out of the obligations by a necessity outside my direct actions even if the impairing injury is a result of my own actions.

    But let me explain this a little closer to how this situation folds out. Suppose you wanted to use my barn to host an event for one of your clubs. I give you access to it including parking on Friday from 4pm to 11 pm. You come in, set up, all your guests and members show up by 6pm, then the power goes out and you cannot put on your event or even serve the dinner that came with it. Now a no warranty disclaimer would absolve me from liability if the power outage was the result of something outside my control like a neighbor cut a tree down and it landed on the power lines or a car had an accident and took out a telephone pole. But it would not absolve me from liability had I scheduled an electrician to work on something and they disconnected the power to the barn to do it. It would not absolve me if I turned the power off as a joke. It would not absolve me if I turned the power off because I incorrectly thought you were doing something illegal and you weren't.

  138. Re:How much is reading comprehension worth? by icebraining · · Score: 1

    What if you said (and wrote down), "you can use my barn for free, but beware because I might want to shut down the light at any time during your event"? Because Worldcon had to agree with those terms to use the service.

  139. Re:Unintention? Gone Awry?? Incorrectly programmed by Anonymous Coward · · Score: 0

    Never let facts interfere with a good rant! When the Germans bombed Pearl Harbor, did some know-it-all chime in with the idea that it was the Japanese?

  140. What about the freedom of the viewers? by Anonymous Coward · · Score: 0

    This story doesn't mention that Ustream is bad for another reason even
    when it does "work": because it requires viewers to run nonfree
    software.

    If a con or any event is going to do streaming, the organizers should
    contact me; I can put them in touch with people who can show them how
    to stream it themselves with free software. One secondary advantage
    is that no company can censor the transmission.

    - rms

  141. Re:How much is reading comprehension worth? by sumdumass · · Score: 1

    If the agreement to use the barn included a provision that electricity would not be available, then that provision and not a warranty disclaimer would protect you.

    I haven't read the terms worldcon offered but I suspect that they say something about infringement of a copyright instead of randomly refusing to complete service. However, this is more complicated then that because there are two separate yet distinct problems here. If the AI bot was under the control of the streaming provider, the actual claim of a false report could supersede any disclaimer for warranty of service.

    Think of it as there being two separate and distinct acts here. In fact, lets assume there are two companies involved on the streaming and ending of the streaming part of this. First there is company A who provided the service. Then there is company B who files a complaint on copyright violations who got the service discontinued in the middle of it. They can technically be the same company but would be treated separate to show how the termination of service is two distinct separate pieces. First, company A has to receive a good faith complaint from company B (company B is actually the agent for the copyright holder). Company A then removed access to the claimed infringing content. The law gives company A immunity from liability for the acts associated with removing access if the procedures were set out and followed (there is no certainty of if they were or weren't). Company B is completely liable for any damages inured from issuing it's take down notice. There is absolutely no legal immunity or defense from that other then actually owning the copyright or being an agent of the owner and the accused being in violation of it. Company B cannot disclaim liability or issue a warranty disclaimer to get around that even when company A and company B are the same companies.

    Now the important part here is that company B was performing a separate function then company A. Company B was acting as the agent of a third party- not the customer of company A's services and they made a legal claim that a customer of company A's service did not have a right to some of the copyrighted materials that customer used. So even though the two companies are actually the same company, the loss of services was the result of the company acting on the behalf of another entity and no agreement between the user of services can negate that. Can you imagine a salesman at an investment firm selling you lake front property with a vacation rentals as an investment when there is no lake or vacation houses to rent on the property and trying to release himself from any liability through warranty disclaimers and such when he is the agent of the seller too? It simply wouldn't work.

  142. Re:Unintention? Gone Awry?? Incorrectly programmed by Meski · · Score: 1

    I would claim that any use of that speech could be judged fair use.

  143. Re:Unintention? Gone Awry?? Incorrectly programmed by Meski · · Score: 1

    Mr Gorsky did.

  144. Re:Unintention? Gone Awry?? Incorrectly programmed by Meski · · Score: 1

    Via Sweden.

  145. I think we've had enough... by denelson83 · · Score: 1

    It's high time to just stop recognizing copyright altogether until the big media corporations finally get their heads out of their asses and finally accept the big picture. If they decide to fight instead, then it'll mean WAR.

  146. Only by asserting "to the best of my knowledge" by Anonymous Coward · · Score: 0

    And if it's a bot, then it is NOT to the best of their knowledge a true claim of copyright infringement.

    Therefore the DMCA takedown notice has been fraudulently issued.

    Issuing a legal notice like that IS a liable offence.

  147. Re:Unintention? Gone Awry?? Incorrectly programmed by Nethemas+the+Great · · Score: 1

    It was my understanding that the missing "a" was not Neil's goof but a hiccup in the transmission going back to earth. Now of course if you were trying to fake such a thing adding random dropouts and static would make it seem more believable...

    --
    Two of my imaginary friends reproduced once ... with negative results.
  148. Re:Unintention? Gone Awry?? Incorrectly programmed by Nethemas+the+Great · · Score: 1

    This may be true, however, many of these moon rocks were originally given to people/governments. If said people wish to transfer ownership, for compensation or otherwise why should NASA entitled the right to confiscate them?

    --
    Two of my imaginary friends reproduced once ... with negative results.
  149. Re: concept of what it means to be human by Nethemas+the+Great · · Score: 1

    The same way we're granted the right to eat liver with fava beans and a nice chianti.

    --
    Two of my imaginary friends reproduced once ... with negative results.
  150. What about the freedom of the viewers? by Richard+M.+Stallman · · Score: 1

    This story doesn't mention that Ustream is bad for another reason even
    when it does "work": because it requires viewers to run nonfree
    software.

    If a con or any event is going to do streaming, the organizers should
    contact me; I can put them in touch with people who can show them how
    to stream it themselves with free software. One secondary advantage
    is that no company can censor the transmission.

    --
    You can read more about the GNU project at http://www.gnu.org/.
  151. Re:Unintention? Gone Awry?? Incorrectly programmed by anyGould · · Score: 1

    Obviously they were only given a non-transferable license to use them.

  152. Re:Unintention? Gone Awry?? Incorrectly programmed by Nethemas+the+Great · · Score: 1

    Maybe Bruce Willis will sue. Bastards are probably trying to claim those asteroid fragments are non-transferable as well.

    --
    Two of my imaginary friends reproduced once ... with negative results.
  153. Re: concept of what it means to be human by Anonymous Coward · · Score: 0

    Wow, that's a mighty serious claim right there. Care to explain where you're getting the idea that the pet has no sense of self?

  154. Re:Unintention? Gone Awry?? Incorrectly programmed by NemosomeN · · Score: 1

    Content created by the US Government or its agencies is automatically public domain. I see no need to thank NASA for following US law, though feel free to thank them for landing on the moon. (Note, the US Government and its agencies are not prohibited from holding copyright on content: the copyright to any content created by contractors is generally assigned to the contracting entity. The government is no exception, though realistically should be. Also, though you have the right to use the source code to any government-created software, the government has no obligation to provide you with that source code.)

    --
    I hate grammar Nazi's.