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User: Farmer+Tim

Farmer+Tim's activity in the archive.

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Comments · 2,194

  1. Still not quite right. on EFF Forces DMCA Abuser to Apologize · · Score: 2, Informative

    Being a film and television producer who deals with this kind of stuff on a regular basis, I should point out the errors in your post. If what you're claiming were true every paparazzo would be up to their necks in litigation, since making money off unauthorized photos is their business.

    What you are thinking about in your post is what's called a "model release". It's a little wrinkle in copyright law.

    It isn't part of copyright law at all: people's faces are not subject to copyright (and if they were, the rights to your face would be owned by your parents, since they commissioned the work, so to speak).

    It says that even though I own the copyright to anything I create, I can't use that photo commercially if there is a person who can be identified in the photo unless that person gives permission.

    Care to cite the clause in copyright legislation or case law that says that?

    Copyright doesn't restrict the use of an image by the rights holder in any way at all (where do people keep getting the word "commercial" from? Copyright ownership is neither enhanced or diminished by commercial exploitation). However, if the image is used in a defamatory manner, attributes fake product endorsements or otherwise misrepresents the individual, or violates a reasonable expectation of privacy the individual can sue. A release form is simply an agreement not to sue, and as such falls under contractual law.

    Example 1: the NBC "Today" show can do their weather report outside the studio because the assembled audience have no reasonable expectation of privacy (Rockerfeller Plaza is a public space). No release forms required, even though individuals are clearly identifiable in a commercial broadcast.

    Example 2: watch any news report about obesity that uses footage shot in public, and you'll see people from the neck down. This is because it is apparently defamatory to identify a lard-arse as "fat" (unless they've signed a release like the contestants on "The Biggest Loser").

    Example 3: an actor plays a character in a film, but then refuses to sign a release. Does that prevent the film being released? No, because an actor invited onto a film set has no expectation of privacy, and by playing a character they aren't representing themself, thereby eliminating the question of misrepresentation or defamation. The actor could sue claiming that the editing was done in such a way as to make them look incompetent, but then they risk having the unedited footage presented in court and their incompetence proven (BTW, all this is paraphrased from my response to a genuine nastygram I received from an agent, based on advice from two entertainment industry specialist lawyers and a professor of legal studies. No, I don't mess around; getting it wrong could cost me thousands of dollars). Again, copyright doesn't enter into it.

    If I take a picture of you, I can display it wherever I want (including my webpage), as long as I'm not using it commercially, without your permission.

    Copyright law does not distinguish between commercial and non-profit use in this regard; whoever owns the rights owns the rights, period. If I make money off a photo of you without your permission you may have a basis to sue if I'd expressly said the photo wasn't for commercial use, but again that's contractual law, not copyright (and even then you only have a claim if your identity is central to the image and you weren't in a public area at the time).

    This is why the newspaper can post your picture in an article, even if you object to it. It's called an "editorial" work.

    There's no law protecting aesthetic sensibilities, so there is no basis for litigation if anyone publishes a legitimately acquired image you find objectionable. "Public interest" is a fair use defence for publication of unauthorised material which must be argued in court if challenged, so wherever possible news outlets try to avoid it.

    You were initially right in saying "whoever creates a work owns the

  2. Re:I'll only buy it if this is how you start games on Commodore Returns with New Gaming PCs · · Score: 1

    LOAD "*",8 ,1

    You'll find it in the Start menu, but it's just a shortcut to Minesweeper.

  3. Re:No great loss on A Bad Week for Symantec · · Score: 3, Funny

    Symantec: more full of bugs than a frog on a binge.

  4. Re:"a few seconds" for every page you ever view on Using Safari Slows Your System? · · Score: 1

    Here is a casual suggestion to lose a minute of your life for every 20 Web sites you visit, so that you can make background tasks go faster.

    Ah, the irony of hearing someone complain about losing a few seconds per website on Slashdot.

  5. Re:Video Editing on Photoshop Online Within Six Months · · Score: 4, Funny

    You can already do online video editing in java.
     
    ...depending on your life expectancy.

  6. Re:GIMP online 7 years ago (who cares?) on Photoshop Online Within Six Months · · Score: 2, Funny

    you just want an excuse to buy a high end Mac, the colour goes with
    your stash of cocaine.


    Since when does cocaine come in aluminium?

    http://images.apple.com/macpro/images/index_tower2 0060807.png

  7. Re:Platform-independent, I hope on Photoshop Online Within Six Months · · Score: 4, Funny

    Photoshop Elements!

    I tried, but I can't find the periodic table pulldown. Hell, I can't even specify "Cobalt Blue" in the colour picker...

  8. Re:Obviously on Golf-Ball Sized Hail Damages Shuttle · · Score: 1

    Woo, isn't NASA supposed to be a millionaire?

    No air in space, so it would be more accurate to say NASA is a millionvacuum.

  9. Useful? Sure. on Benefits of Vista's User Access Control? · · Score: 1, Funny

    Has the community come up with ways to make UAC useful?

    Yes. I can now easily condition people to incessantly push a button without having to resort to all those messy endorphins.

  10. Re:oh good on Star Trek To Return Christmas 2008 · · Score: 5, Interesting

    Considering Lost has a suspiciously large number of similarities to an old show called "The New People", perhaps Abrams is the right person to resurrect the spirit of another show from the sixties.

    http://www.imdb.com/title/tt0063935/plotsummary

    So...serious?

  11. Re:Do these fighters... on Software Bug Halts F-22 Flight · · Score: 1

    run linux?

    Don't you dare imagine a Beowulf cluster of F-22s...

  12. Re:crash narrowly averted on Software Bug Halts F-22 Flight · · Score: 1

    At least they avoided a BSOD (Blue Sea of Death).

  13. Re:Brainwashed on TV Delays Driving AU Viewers To Piracy · · Score: 1

    How piracy managed to get in the dictionary with respect to copyright infringement, I'll never know.

    http://en.wikipedia.org/wiki/Talk:Copyright_infrin gement#Examples_of_use_of_the_word_pirate_or_pirac y_in_this_context

    Interestingly, the first reference predates both the term "copyright" and the first English dictionary.

    http://en.wikipedia.org/wiki/Table_Alphabeticall

  14. Spelling Nazi on Software Deletes Files to Defend Against Piracy · · Score: 1

    If Microsoft did that (destructive action) they might start loosing existing customers.

    Steve Ballmer: "Loose the existing cutomers! Fly, my pretties!"

  15. Re:Inside the program ... on Software Deletes Files to Defend Against Piracy · · Score: 1

    Since he is displaying the Apple Universal Binary logo on his site, I suspect he's in violation of the logo licence agreement

    Apple wants developers to use the logo, so they make the licencing quick and painless. What makes you suspect he didn't take the 5 minutes to fill out the form?

    http://developer.apple.com/softwarelicensing/agree ments/pdf/universal_logo_license_agreement.pdf

  16. Re:piracy is used as an excuse by the incompetent on Software Deletes Files to Defend Against Piracy · · Score: 1

    afaics, piracy exists mostly due to price gouging by greedy businesses

    While I wouldn't dispute that for some software (I'm looking at you, Adobe), the fact that cheap shareware is also pirated proves that there is no price low enough.

  17. Re:Why so much noise? on Raymond Knocks Fedora, Switches to Ubuntu · · Score: 1

    He could have focused on what he likes about other distributions, rather than what he doesn't like elsewhere.

    I wasn't aware operating systems suffer from self-esteem problems if they get negative feedback.

    But I suppose it explains why Windows has grown up to be a sociopathic monster...

  18. Re:CFL on Australia Outlaws Incandescent Light Bulb · · Score: 1

    Australian for lightbulb.

    You should see how we spell beer.

    http://www.xxxx.com.au/

  19. Re:Typical Humans... on Asteroid Highlighted as Impact Threat · · Score: 1

    We'll wait until 3 weeks before it hits to do something about it!

    More like we'll wait until three weeks after it hits.

  20. Re:Middleman? on MPAA Violates Another Software License · · Score: 1

    What if someone else violated the license and made a stripped version of Epic Movie available, without any references to the original author?

    It'd still be awful, but we wouldn't know who to blame.

  21. Re:My suggestion for new tasks on Quantum Computer Demoed, Plays Sudoku · · Score: 5, Funny

    You don't want quantum computers anywhere near the Slashdot front page: it'll only lead to more accusations of spin.

  22. Re:This forces us to be more discerning on Viral Marketing Breeding Cynicism · · Score: 2, Funny

    And how do you know I'm not getting paid to say bad things about Dell every chance I get ?-)

    No company would waste their money hiring a professional to do it when there are so many willing amateurs.

  23. Re:Jack on VPN Issues With New Airport Extreme 802.11n · · Score: 3, Funny

    It's always funny reading the Apple forums - people who know Jack Shit about computers give advice to people who know less and trying to sound all authoritative. ...said the AC in an authoritative voice.

  24. Re:WTF? on Two Ways Not To Handle Free Speech · · Score: 1

    Why is ok to talk sh*t about Christians and not Muslims? The left in this country are bunch of bigots!

    As opposed to the Right, who talk shit about everyone who isn't Christian?

  25. Re:problem already solved? on Dell Laptops Have Shocking New Problem · · Score: 1

    Therefore, the ground adapter fixed it for him. SO, why is this front page on Slashdot?

    The Slashdot front page is full of groundless stories.