That is correct. The photography release forms that people are familiar with are related to invasion of privacy and defamation, not copyright.
There's also the appropriation of a likeness. i.e. you cannot use my face in commerce without my permission -- since I may not agree to support / endorse whatever you attach my likeness to. Usually a suit for famous individuals, but it could be framed up for ordinary citizens.
Given that Dr. King's attorney made sure that the printed copies of the speech distributed to the press bore a copyright mark -- it appears you assume too much. Bear in mind, this was back in the day before magnetic tape was common -- no 8-track recorders (about 2 years too early), no tape decks -- you needed to cut a record to distribute audio far and wide. So, if the speech was going to be spread, it was going to do so on records sold by the recording companies. In fact, it was CBS that started selling the speech first.
This is the question that faced the estate at that time -- profit is being made off Dr. King's speech -- should some of that profit go to funding his work and the organization he founded?
The estate filed suit against CBS, Dr. King's estate won. CBS relied on exactly the argument you propose -- the court held that the speech was not a "general publication" of the text of the speech, that the speech had been properly distributed under copyright, and that Dr. King and his estate had a right to collect royalties thereon.
Fast-forward to the proliferation of media and media-shifting technology, and maybe Dr. King would have held a different opinion now, where media can be distributed effectively free of charge, but back in 1963 the choice was to either let all the profit go to corporations, or take a share for Dr. King's estate.
The lawsuit which settled the status of the copyright was separate from the suit between his children. Normally I would link to wikipedia for you... but blackout day interferes. You may look it up tomorrow if you wish: Estate of Martin Luther King, Jr., Inc. v. CBS, Inc. (194 F.3d 1211 (11th Cir. 1999)
I think Rossi's point right along has been that he dosen't care about convincing his skeotics. He's proud ed a machine, not a theory. If the machine works, the thoeries can come later. This is about money to him. Whetherr that makes him a charlatan or an inventir is best left to prove itself out in the next year or two. There is just no ooint in taking a position on his product based on lack of evidence. Don't buy in, sure, but also don't dismiss it out of hand.
Those confessions are the key hang-up in bringing chargea against many detainees. We wont allow tjem to be used as evidence against torture victims, but, still don't want to release them. Its a terrible black mark on the nation that we havent found a better solution than idefinote detainment, but you cam be damn sure GITMO evebtually boomerangs to destroy the credibility and freesoms of the folks that created it and allowed it to persist. I know that is shallow comfort, but hey, its not likeany modern nation would execute a tortured man based on his confession... right?
2d place gets to be VP (and therefore president of the senate) isn't all bad -- except for the whole "would encourage assassinations" problem. As it is now, I think the last three presidents have used their VPs to discourage assassination./snark.
I am astonished that someone is complaining that they had a 45 minute window (75 km gap at 100 km/hour) where GPS was not available and were worried about getting lost.
Me too -- where did you read this because it's not in this thread.
Also, add canning to the list of juvenile punishments for defacing property -- and outlaw gum -- and pass laws that force wealthy women to marry and breed with poorer men.
These (Apple and Google) *are* U.S. companies. They are traded on U.S. markets. The principle measure for their success or failure in the smartphone / touchpad market will be their success or failure in the U.S.. Your knee-jerk internationalist response to a/. story focused on the war between two U.S. companies misses the mark.
9/11 wasn't 9/11 either. Nothing changes anything. Individuals struggle for freedom, government and capital struggle for power and control of resources, and in the background the minstrels and play-writes do their best to ease our way through the crap.
I for one welcome our new Lightsaber EQ clone masters, I hope they add in better sex scenes next time.
That bill doesn't impact me; I'm salaried and already classified as Exempt. But I know a lot of hourly folks, both full-time (like help desk, etc.) and consultants that this would negatively impact.
Unless you have actual managerial (hire/fire) authority over staff, you may want to double-check that. A few recent court decisions have thrown the traditional concept of "professional" salaried staff out the window.
-GiH
This does not qualify as legal advice. I am not your lawyer. Seek counsel/.
There is no distinction between logic and "mathematical logic." Every course of study that isn't law, religion or medicine (of the "your black humors are too high, we should bleed you" variety) arose out of the study of philosophy. At its core philosophy is about structured and critical thought, the study of the process and methods of though, and the means to evaluate them. The entire concept of skepticism that is the root of the scientific method owes its origin to DesCartes and Hume.
Well -- a religious person might point to -- the Torah, the Bible, the Qur'an, the Bhagavad Gita, etc. These texts claim to be first person accounts of events. The trick isn't the observations, its reducing the general hypothesis to something that can be tested and disproved.
That is correct. The photography release forms that people are familiar with are related to invasion of privacy and defamation, not copyright.
There's also the appropriation of a likeness. i.e. you cannot use my face in commerce without my permission -- since I may not agree to support / endorse whatever you attach my likeness to. Usually a suit for famous individuals, but it could be framed up for ordinary citizens.
-GiH
That was CLEARLY the original intent.
Given that Dr. King's attorney made sure that the printed copies of the speech distributed to the press bore a copyright mark -- it appears you assume too much. Bear in mind, this was back in the day before magnetic tape was common -- no 8-track recorders (about 2 years too early), no tape decks -- you needed to cut a record to distribute audio far and wide. So, if the speech was going to be spread, it was going to do so on records sold by the recording companies. In fact, it was CBS that started selling the speech first.
This is the question that faced the estate at that time -- profit is being made off Dr. King's speech -- should some of that profit go to funding his work and the organization he founded?
The estate filed suit against CBS, Dr. King's estate won. CBS relied on exactly the argument you propose -- the court held that the speech was not a "general publication" of the text of the speech, that the speech had been properly distributed under copyright, and that Dr. King and his estate had a right to collect royalties thereon.
Fast-forward to the proliferation of media and media-shifting technology, and maybe Dr. King would have held a different opinion now, where media can be distributed effectively free of charge, but back in 1963 the choice was to either let all the profit go to corporations, or take a share for Dr. King's estate.
-GiH
The lawsuit which settled the status of the copyright was separate from the suit between his children. Normally I would link to wikipedia for you ... but blackout day interferes. You may look it up tomorrow if you wish: Estate of Martin Luther King, Jr., Inc. v. CBS, Inc. (194 F.3d 1211 (11th Cir. 1999)
-GiH
I think Rossi's point right along has been that he dosen't care about convincing his skeotics. He's proud ed a machine, not a theory. If the machine works, the thoeries can come later. This is about money to him. Whetherr that makes him a charlatan or an inventir is best left to prove itself out in the next year or two. There is just no ooint in taking a position on his product based on lack of evidence. Don't buy in, sure, but also don't dismiss it out of hand.
Those confessions are the key hang-up in bringing chargea against many detainees. We wont allow tjem to be used as evidence against torture victims, but, still don't want to release them. Its a terrible black mark on the nation that we havent found a better solution than idefinote detainment, but you cam be damn sure GITMO evebtually boomerangs to destroy the credibility and freesoms of the folks that created it and allowed it to persist. I know that is shallow comfort, but hey, its not likeany modern nation would execute a tortured man based on his confession... right?
This. 1,000,000 times this.
2d place gets to be VP (and therefore president of the senate) isn't all bad -- except for the whole "would encourage assassinations" problem. As it is now, I think the last three presidents have used their VPs to discourage assassination. /snark.
-GiH
Singapore is incredibly successful. The only autocratic regime on earth that combines economic success and popular support.
They have accepted a level of control that would be abhorrent to most U.S. citizens (or Euros if you prefer), but they are doing well.
-GiH
Me too -- where did you read this because it's not in this thread.
-GiH
Also, add canning to the list of juvenile punishments for defacing property -- and outlaw gum -- and pass laws that force wealthy women to marry and breed with poorer men.
I love Singapore.
-GiH
These (Apple and Google) *are* U.S. companies. They are traded on U.S. markets. The principle measure for their success or failure in the smartphone / touchpad market will be their success or failure in the U.S.. Your knee-jerk internationalist response to a /. story focused on the war between two U.S. companies misses the mark.
-GiH
9/11 wasn't 9/11 either. Nothing changes anything. Individuals struggle for freedom, government and capital struggle for power and control of resources, and in the background the minstrels and play-writes do their best to ease our way through the crap.
I for one welcome our new Lightsaber EQ clone masters, I hope they add in better sex scenes next time.
-GiH
Usually I look form more onsight in commentary. But this time AC has really said all that needs to be said.
Anonymous Coward is well named. Don't waste the effort on the continuing troll.
Ah -- you mean 1D10Ts
This has nothing to do with Google giving the OS away for free. Obv.
-GiH
Unless you have actual managerial (hire/fire) authority over staff, you may want to double-check that. A few recent court decisions have thrown the traditional concept of "professional" salaried staff out the window.
/.
-GiH
This does not qualify as legal advice. I am not your lawyer. Seek counsel
FATHER !!! The AC has awakened!
There is no distinction between logic and "mathematical logic." Every course of study that isn't law, religion or medicine (of the "your black humors are too high, we should bleed you" variety) arose out of the study of philosophy. At its core philosophy is about structured and critical thought, the study of the process and methods of though, and the means to evaluate them. The entire concept of skepticism that is the root of the scientific method owes its origin to DesCartes and Hume.
-GiH
for the less advanced?
Er.. really? "Conclusively" may not mean what you think it means.
-GiH
Well -- a religious person might point to -- the Torah, the Bible, the Qur'an, the Bhagavad Gita, etc. These texts claim to be first person accounts of events. The trick isn't the observations, its reducing the general hypothesis to something that can be tested and disproved.
Yes -- because no one needs deductive logic in science or mathematics.
In new land of Slashdot the fucking article reads YOU.
Sure RockDoctor . . . oh noes, an AC agrees with .. oh wait.. himself. Shill on baby.