Discover and read the best of Twitter Threads about #FairUse

Most recents (23)

What a day! šŸ”„ We have four incredible decisions released from the U.S. Supreme Court across intellectual property and internet law.

Iā€™ll help break it down with a quick first pass at what the outcomes have been for four cases.

šŸ§µ

#SupremeCourt #SCOTUS
šŸ”„ Andy Warhol Foundation for Visual Arts, Inc. v. Goldsmith

The Court finds in favor of Goldsmith that the use of the Prince photograph was NOT a #FairUse under #Copyright law.
It was a 7-2 decision written by Justice Sotomayor, with a dissent written by Justice Kagan and joined by Chief Justice Roberts.

Read: supremecourt.gov/opinions/22pdfā€¦
Read 15 tweets
Today's Twitter threads (a Twitter thread).

Inside: Private equity finally delivered Sarah Palin's death panels; and more!

Archived at: pluralistic.net/2023/04/26/deaā€¦

#Pluralistic

1/ An industrial meat grinder,...
Tonight (Apr 26), I'll be in #Burbank at @DarkDel at 6PM with my new book, *Red Team Blues*:

darkdel.com/store/p2873/Weā€¦

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From Apr 26-28, @BNBuzz is offering a 25% discount on preorders for my upcoming novels (use discount code PREORDER25):

The Lost Cause (Nov 2023)

barnesandnoble.com/w/the-lost-cauā€¦

The Bezzle (Red Team Blues #2) (Feb 2024)

barnesandnoble.com/w/the-bezzle-cā€¦

#BNPreorder25

3/
Read 29 tweets
Yesterday, the BC appeals court handed down a stupid, terrible decision, rejecting the whistleblower @Linkletter's defense for linking to freely available materials from the ed-tech surveillance giant @proctorio:

bccourts.ca/jdb-txt/ca/23/ā€¦

1/ A girl working on a laptop....
If you'd like an essay-formatted version of this thread to read or share, here's a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:

pluralistic.net/2023/04/20/linā€¦

2/
It's been a minute since Linkletter's case arose, so I'll give you a little recap here. Proctorio is a massive, wildly profitable ed-tech company that sells a surveillance tool to monitor students while they take high-stakes tests from home.

3/
Read 64 tweets
Today's Twitter threads (a Twitter thread).

Inside: Iowa's starvation strategy; The Red Team Blues tour; Red Team Blues Chapter One, part three; and more!

Archived at: pluralistic.net/2023/04/19/whaā€¦

#Pluralistic

1/   Image: Iqkotze (modified)...
Tomorrow (Apr 21), I'm speaking in #Chicago at the @StiglerCenter's #Antitrust and #Competition Conference:

chicagobooth.edu/research/stiglā€¦

This weekend (Apr 22/23), I'm at the @latimes #Bookfest:

events.latimes.com/festivalofbookā€¦

2/
Iowa's starvation strategy: Maybe the cruelty IS the point?



3/ Image: Iqkotze (modified) h...
Read 31 tweets
Per @IMDb Steven Spielberg explained the names of House members who voted against the 13th Amendment were actually changed in the film to not embarrass living descendants of these men whose reputations might have been stained by their negative vote-casting.
#FairUse Image
The 13th Amendment passed the Senate by a vote of 38-6.

@TheDemocrats voting ā€œNay:ā€

Davis of Ky.
Hendricks of Ind.
McDougall of Calif.
Powell of Ky.
Riddle of Del.
Saulsbury of Del.

Buchalew of Pennsylvania was not able to attend the session, and when his name was called, ImageImage
Senator Hendricks said: "I desire to say that [sic] Mr. Buckalew is not able to be in his seat today, and he expressed a wish that [sic] I should say that [sic] if he were present he would vote against the proposition.ā€ Image
Read 14 tweets
Today's Twitter threads (a Twitter thread).

Inside: Podcasting "Gig Work Is the Opposite of Steampunk"; and more!

Archived at: pluralistic.net/2023/03/19/lovā€¦

#Pluralistic 1/
Today (Mar 20), I'm doing a remote talk for the @Ostrom_Workshop's Beyond the Web Speaker Series

iu.zoom.us/meeting/registā€¦

On Weds (Mar 22), I'm doing a remote talk for the @IFTF's "Changing the Register" series:

iftf.zoom.us/webinar/registā€¦ 2/
Podcasting "Gig Work Is the Opposite of Steampunk": Why today's Luddites should be smashing apps.

3/  Image: Cryteria (modified) https://commons.wikimedia.org/wi
Read 38 tweets
With the #ControlledDigitalLending #CDL case coming on Monday (3/20) @jziskina and I are excited to announce the release of ā€œThe Publisher Playbook: A Brief History of the Publishing Industryā€™s Obstruction of the #Library Mission.ā€ [link at end of thread] /1
The purpose of this paper is to outline the legal & other obstructions that #libraries have encountered from the publishing industry. Libraries have continued to perform their routine activities or made advancements to increase #access to the public in innovative ways... /2
...yet, #libraries and their readers have routinely engaged in lengthy battles to defend the ability for libraries to fulfill their mission and serve the #publicgood.
Read 20 tweets
Today's Twitter threads (a Twitter thread).

Inside: Spirit warned investors that merging with Jetblue would be illegal; and more!

Archived at: pluralistic.net/2023/03/12/theā€¦

#Pluralistic 1/ Image
Spirit warned investors that merging with Jetblue would be illegal: Exhibit A for the prosecution.

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Hey look at this

* Freely readable 2023 #NebulaAwards nominees superpunch.net/2023/03/links-ā€¦

* Why Weren't #SiliconValleyBank Depositors Using CDARS? creditslips.org/creditslips/20ā€¦

* Users, advertisers ā€“ we are all trapped in the net's ā€˜#enshittificationā€™ theguardian.com/commentisfree/ā€¦ 3/ Image
Read 20 tweets
šŸ§µ While #ChatGPT is grabbing the headlines, pushing @GoogleAI (#LaMDA) and @Baidu_Inc to rush their plans to launch competitors, maybe itā€™s time to explore the security/privacy concerns generative AIs raise.

Here's a #thread on some of these, brought to you by @InfosecurityMag.
@GoogleAI @Baidu_Inc @InfosecurityMag First, @OpenAIā€™s #ChatGPT has already been used to develop #malware and other malicious tools, as @a_mascellino reported on January 9, 2023. #encryption #cybercrime cc @SShykevich @_CPResearch_
infosecurity-magazine.com/news/chatgpt-dā€¦
Read 15 tweets
Last week, @Gizmodo's @lincodega caught a killer scoop - a leake Hasbro's plan to revoke the decades-old #OpenGamingLicense, which subsidiary @Wizards promulgated as an allegedly #open sandbox for people seeking to extend #DungeonsAndDragons:

gizmodo.com/dnd-wizards-ofā€¦ 1/ A remixed version of David Trampier's 'Eye of Moloch,' the c
The report set off a shitstorm among #DandD fans and the broader #TTRPG community - not just because it was evidence of yet more #enshittification of D&D by a faceless corporate monopolist, but because Hasbro was seemingly poised to take back a #commons. 2/
RPG players and designers had built that commons over decades, having taken #WOTC and the #OGL at their word.

#Gamers were right to be worried. 3/
Read 54 tweets
Good morning! Will Milliken here. Iā€™m a director in Sterne Kesslerā€™s Trial and Appeals Group. Iā€™ll be live-tweeting todayā€™s #SCOTUS argument in Andy #Warhol Foundation for the Visual Arts v. Goldsmith.
#AppellateTwitter 1/
The #Warhol case concerns the scope of the ā€œfair useā€ defense to copyright infringement, and, specifically, whether Andy Warholā€™s ā€œOrange Princeā€ work is a fair use of the Lynn Goldsmith photograph on which it was based. 2/ Image
If you joined us for our inaugural #SCOTUS argument live-tweets for the #Arthrex and #Minerva cases last year, welcome back! 3/
Read 122 tweets
Indian media and social media for years have ignored the death of Habeas Corpus, which is the cornerstone of any democratic Republic.

Now they are trying to find legal justifications for #AfreenFatima's house being demolished at express speed.

Rename Republic Day as AFSPA Day.
And again, carrying paperwork is NOT due process!

Sanghi gaslighting is posting PDFs (of dubious veracity in terms of dates and legality) from U.P. to say "procedure was followed".

Police procedure is NOT due process.

Godi media tho is trying to "both sides" even this.
This 1966 paper is one of the best ones I've read about Nazis and bureaucracy. Given that sanghis are pretty much following the 1930s playbook of their old allies, it reads as if written about today's India.

I'll repeat. Paperwork is NOT due process
jstor.org/stable/1405686
Read 5 tweets
This week on my podcast, I read my @Medium column, "Big Tech Isnā€™t Stealing News Publishersā€™ Content," on how the news media's focus on charging tech firms to link to them is totally misguided, and misses the real issue: the rigging of the ad market.

doctorow.medium.com/big-tech-isnt-ā€¦ 1/ A row of newspaper boxes on a lonely sidewalk; their windows
If you'd like an unrolled version of this thread to read or share, here's a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:

pluralistic.net/2022/04/18/newā€¦ 2/
Countries all over the world - France, Australia, Brazil and now Canada (#BillC11)- have fallen in love with the idea that the answer to the news media's woes is to create a new licensable copyright over "snippets" of news that users post to social media. 3/
Read 45 tweets
Public show with synthetic #SandyHook characters 2/15/22 was odd. No judicial input on the docket regarding FALSE REALITY settlement. Legit world, settlement agreement invalid if made under fraud. Connecticut & #AllTheRest need to defund governments. Criminals have usurped power.
Does settlement mean you're guilty?
Legally, no ā€” in fact the court rules and rules of evidence encourage parties to settle matters whenever possible, and neither offers of settlement nor actual settlements themselves are admissible as evidence of guilt or wrongdoing. #SandyHook
So essentially, what the criminals, playing #SandyHook court, are saying is that all "evidence' for trial that would have had to be approved as admissible by a judge can now be used as propaganda. Real Attorneys in this game? #IDoNotThinkSo #SandyHook
Read 16 tweets
It's been 15 years since Bucknell U film prof Eric Faden made "A Fair(y) Tale," a short film that explains #FairUse by stringing together short, fair-use-qualifying clips from Disney movies. It remains an amazing accomplishment!



1/ The title-card from 'Dealin...
Fair(y) Tale took 9 months to piece together as Faden painstakingly searched the corpus of Disney animation to find the literal *mots justes* for his video explainer.

2/
15 years later, Bournemouth's Claudy Op Den Kamp and her students decided to create their own version of Fair(y) Tale - this one explaining UK #FairDealing exceptions to copyright, using clips from #TheSimpsons.



3/
Read 4 tweets
1/šŸ§µ Another week of exciting content on the #WalledCulture blog:
āž”ļø @glynmoody covered how digital images of #PublicDomain works get captured, why #artist nor #academics should sign away their rights, & why Singapore šŸ‡øšŸ‡¬ sets an example to follow with its updated Copyright Law šŸ‘‡
2/šŸ§µ
šŸ‘‰ Cultural digitisation for the many, or cultural depredation for the few: time to choose
walledculture.org/cultural-digitā€¦

#Museums #ArtGalleries #PublicDomain #GLAM #CHIs #Wikimedia #Wikipedia #WalledCulture
3/šŸ§µ
šŸ‘‰ Why are #TaylorSwift and #academics all in the same boat? And why is she more fortunate?
walledculture.org/why-are-taylorā€¦

#WalledCulture
Read 5 tweets
#ShillsRUs carrying on about #SandyHook WHAT SHOULD PISS YOU OFF is court use to #DefraudAmerica & #Fact #BadMovie #Graphics Initiated as FDA began to approve generic psych drugs. Pretext to get more psych evals on kids so could drug 'em for profit. Images existed before event! ImageImageImageImage
If you cannot tell the difference between a media created illusion & reality, you have work to do. It is a high tech world; anything can be faked. You have been to the movie theater. Multibillion $ news industry no different #SandyHook #CreatEDCharacters
That filet minion cartoon tells the criminals how much of the population incapable of logic. The disinfo shills use sour cream & chives. You are capable of thought beyond the level of a baked potato. STOP letting criminals make you look stupid. #SandyHook
Read 24 tweets
@Inferbro while legally & technically the entire #ContentID-Fuckup of @YouTube is to be blamed 75% on the #CopyrightMafia, that's even assuming someone get's 50k subscribers and can make a living from Videos.
@Inferbro As a personal example: @4ltYT was killed by the #AdPocalypse, and now I've a single-digit ā‚¬ balance of #Advertising #revenue on my @YouTube's @GoogleAds/#AdSense with no reasonable chance to ever reach 1st payout of ā‚¬70 cuz in the meantime, I had to get another #Job.
@Inferbro this really puts on a huge damper on my plans to release content, and with <1k subscribers on @YouTube it's not worth opening up a @Patreon, @Flattr or @kachingle for the few cents per month - espechally when this would be taxable income to file.
Read 15 tweets
Our daily #BS not in real time.
Create Date
2021:01:06 13:00:19.986-05:00
Date/Time Original
2021:01:05 12:00:19.986-05:00
Editor's Date/Time Original indicates fraudulent metadata.
#Graphic as per usual, #MediaMagic #ShowTimeForSheep
CLICK>
#FairUse exifinfo.org/detail/4Ta1Larā€¦



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The fine tuned with 3 star rating to #DefraudAmerica version
FULL Metadata >
So, again, we need to #DefundTheGovernment It is a #PhonyGovernment & #MediaCabal needs brought to justice. They are NOT ACTORS they are #Graphics including #Convirus #TaskForce exifinfo.org/detail/dUi5E3Pā€¦



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#PonderThis Why do people fall for pre-planted distractions? LOOK> How many that fall for this #BS are actually on the #Distraction promotion team?
"US CAPITOL LOCKDOWN" is a documented #WiresProject
IMAGES EXISTED BEFORE EVENT #StayTunedthe-sun.com/wp-content/uplā€¦
Read 12 tweets
A #copyright #Halloween Story: I was reading about @internetarchive's project to digitize the Marygrove College #Library collection. About halfway through the article I was horrified to see a copyright myth brought back from the dead!šŸ§›On Halloween!šŸŽƒlibraryjournal.com/?detailStory=iā€¦ /1
The myth from the article is that somehow #fairuse canā€™t ā€œextend to creating and distributing complete copies of a copyrighted work.ā€ From the #SupremeCourt to the #fairuse statute itself, the fair use doctrine does not have a ban on copying or distributing ā€œthe whole thing.ā€ /2
This is a myth that I, and my #copyright colleagues around the country, have been trying to ā€œmythbustā€ for decades! So let's take shake down this #fairuse skeleton like #VanHelsing! /3
Read 15 tweets
#ControlledDigitalLending is a method by which #libraries loan books. Publishers are suing to get rid of CDL for good. This is not just an @internetarchive lawsuit, it is an attack on all libraries rights to loan, preserve, & provide access to books. blog.archive.org/2020/07/29/intā€¦ /1
Ultimately, this suit about how libraries can continue do what they have always done: lend books. #ControlledDigitalLending is not a brand-new concept. Libraries have loaned books to patrons for centuries. And #libraries DO NOT NEED permission or a license to loan these books /2
Libraries can legally loan books they have purchased or acquired. #Copyright law covers these exact uses. So why are publishers suing over #ControlledDigitalLending? /3
Read 25 tweets
I want EU citizens to know what happened in their name. The @EU_Commission acted as the long arm of multinational entertainment companies to block progressive #copyright reform in South Africa that would have helped millions of users & authors. A thread.
@EU_Commission On 18 February 2019, entertainment industry trade groups IFPI (music), MPA (Hollywood), FEP (publishers) etc sent a letter to the EU Commission, asking them to intervene in the ongoing South African copyright reform on their behalf. asktheeu.org/en/request/791ā€¦
Their claim was that the reform would hurt creators, but actual creators were of a different view. Aside from introducing #fairuse, access to books for blind people and those who can't afford textbooks, the bill would also drastically improve the bargaining position of authors.
Read 27 tweets
Hi all! Thrilled to give a Twitter-ized version of the overview talk I sometimes give about the Code of Best Practices in Fair Use for Software Preservation. Thanks to @fletcherdurant for inviting me. Read the full Code here: arl.org/focus-areas/coā€¦. 1/15
Software preservation is a really important part of digital preservation, and its value is only going to increase. Almost everything we make, now, is written in a language only computers running the right software can read. #prestc19 2/15
So without the right software, digital stuff (images, text, *everything*) is gibberish. Or (sometimes worse) it can be rendered, but only partially, imperfectly, not the way the author intended. Software is a tool, without which digital culture is lost. #prestc19 3/15
Read 18 tweets

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