Showing posts with label copyright infringment. Show all posts
Showing posts with label copyright infringment. Show all posts

Sunday, June 13, 2021

Hacker Ways And The Decline of Language

Decadent thought leads to decadent language, which leads to even more decadent thought... and a vicious vortex of decay and corruption ensues. Is the process accidental or deliberate?

In "Politics And The English Language", George Orwell compares sloppy language to a sloppy drunkard.

"A man may take to drink because he feels himself to be a failure, and then fail all the more completely because he drinks. It is rather the same thing that is happening to the English language. It becomes ugly and inaccurate because our thoughts are foolish, but the slovenliness of our language makes it easier for us to have foolish thoughts." 
 
In 1945/1946, Orwell seemed to believe that the decline was reversible and clarity of thought and expression could be revived if writers and speakers made an effort and followed simple, critical rules such as:

i. Never use a metaphor, simile or other figure of speech which you are used to seeing in print.

ii. Never use a long word where a short one will do.

iii. If it is possible to cut a word out, always cut it out.

iv. Never use the passive where you can use the active.

v. Never use a foreign phrase, a scientific word or a jargon word if you can think of an everyday English equivalent.

vi. Break any of these rules sooner than say anything outright barbarous.

https://www.orwellfoundation.com/the-orwell-foundation/orwell/essays-and-other-works/politics-and-the-english-language/
 
Today, public speakers appear not to know the difference between a benefactor and a beneficiary, or between an expletive (noun) and something that is explicative (adj).  Badly written advertisements don't say what the advertiser intends: "Like you, my hands mean everything to me." "Report your allergy to your doctor."  "As a scientist, my dog..."  How supportive of vaccine acceptance is it for one Medicare coverage provider to be advertising, "With all the uncertainty of the virus AND VACCINE..."?
 
The one-time service to help copyright owners remove infringing copies of copyrighted works from the internet, MUSO writes about the predictive value of piracy , based on a study conducted in Europe.

They describe pirates as a bellwether, and explain (approximately) what a wether is... while decorously omitting the difference between a ram and a wether.  In a nutshell, a wether is castrated.
 
If one has to explain ones metaphor or simile, and if one cannot explain it fully, perhaps the metaphor is dead and the imagery stale. That said, I dropped the "nutshell" knowingly.
 
While MUSO  may or may not be pivoting to a marketing business,  the authorities in Canada seem to have less use for intellectual property pirates.

Legal bloggers Ken Clark and Lawrence Veregin  representing the combined intellectual property team of Aird and Berlis LLP and Aird and McBurney LP predict the beginning of the end of online piracy in Canada, and describe how Take Down and Stay Down will work --in Canada-- via real time site blocking.


https://www.airdberlis.com/insights/blogs/thespotlight/post/ts-item/the-beginning-of-the-end-of-online-piracy-in-canada

On hacking, Mary B. Ramsay and Grant P. Dearborn of  Schumaker Loop and Kendrick discuss the devious ways of Hackers and the risk from phishers phishing. Never give your email address and PW in order to open an attachment, even if it appears to have come from your better half or significant other.
 
There is a story involving far greater effrontery than that shown by all those young men who make telephone calls to seniors in the hope that the senior victim will find it plausible that he or she has a grandchild in immediate financial distress... but with access to Bitcoin or Western Union.

Lexology link
https://www.lexology.com/library/detail.aspx?g=06214f43-8b53-46d1-9281-076a4569a61a

Original link:
https://www.shumaker.com/latest-thinking/publications/2021/06/client-alert-the-risk-from-phishing


The news has covered the Colonial Pipeline and the JBS meat packer hacks but less has been said about the hacking of iConstituent, perhaps because the latter is less inconvenient to the public.

Apparently, according to at least two sources, sixty members of the US Congress have been hacked or phished, and as a result they lost their access to iConstituent.  If you notice a pause in the begging letters and emails, you might infer that your Congressperson's internet hygiene is --or was-- substandard.  Maybe if your trusted Congressperson sends you an attachment or link, you should not open it or click through.
https://www.independent.co.uk/news/world/americas/us-politics/congress-ransomware-attack-internet-latest-b1861759.html

On that happy note...

All the best,

Rowena Cherry   

Saturday, March 28, 2020

False Flags

This week, the Authors Guild exposed a gob-smacking abuse of the public trust and of the concept of law order and copyright. Kudos to Authors Guild for that!

https://www.authorsguild.org/industry-advocacy/internet-archives-uncontrolled-digital-lending/

There are many Covid-19 scammers pretending to be helpful, while actually ripping off the public or writers, artists, musicians and film makers, or pursuing a political agenda, and  IA appears to be one of them. Authors and bookstores cannot survive if society tolerates digital looting.

Andy Chatterly, co-founder of the for-profit anti-piracy business MUSO (which will send out take down notices on behalf of its paying subscribers) has published a white paper on the rise and rise of digital piracy... which is discouraging reading for creative individuals and small businesses.

https://www.muso.com/covid-19-protect-landing-page?utm_campaign=COVID-19%20Protect%20&utm_source=hs_email&utm_medium=email&utm_content=85294752&_hsenc=p2ANqtz---AbBRnta68KyCYlaKrM5_YKblGvUx6eYDT2G47U_bcAf9KhL_7hYzXL6oPcDBa_qaMEY2cOK1jNogFEsi-FuSI2PWwg&_hsmi=85294752

Recently testifying to the United States Senate subcommittee on Intellectual Property under an apparent false flag were members of The Pirate Party, as discussed by the Chris Castle, guest of the editors of thetrichordist.

It's kind of like bank robbers testifying on how bank vaults could be made more transparent and accessible to the public.

Particularly dispiriting are Chris Castle's revelations (or not) about the part played by academics and lawyers (and sometimes by members of the legislature under the influence of lobbyists) in weakening copyright and exploiting and enlarging loopholes in already Gruyere-like IP laws.

Thanks to MusicTechPolicy for a lively report on what Jonathan Yunger had to say to Chairman Thom Tillis's and Ranking Member Christopher Coons's committee about the functioning and effectiveness (or not) of the DMCA.

https://musictechpolicy.com/2020/03/12/you-cant-call-911-jyunger-of-millenniumfilms-tells-senate-why-piracy-is-still-a-problem-and-how-u-s-has-failed-to-lead/

That's four lengthy links. Enjoy!

All the best,

Rowena Cherry 
SPACE SNARK™ http://www.spacesnark.com

Saturday, January 04, 2020

One New Piracy Host, One Old Pirates' Friend

Linked In owns Slide Share.
It looks like Slide Share makes available a lot more than slides.
https://www.slideshare.net/

Linked In is protected by safe harbor under the DMCA as long as it removes infringing links, and also removes repeat infringers.

Here is Linked In's page to report infringement.
https://www.linkedin.com/help/linkedin/ask/TS-NCI?lang=en

Some commentators feel that it is a waste of time to bother trying to take down piracy links because they are usually re-uploaded in a short period of time, however, there is a glimmer of justice on the horizon.

As Adi Shoval reports for Pearl Cohen, Cox Communications was recently fined a billion dollars for not removing repeat infringers (in this case, music infringers) from its platform.
http://pearlcohen.com/news/2019/12/31/us-internet-access-provider-hit-with-a-billion-dollar-verd/

The jury awarded $100,000 for the piracy of over 10,000 individual music works.

Meanwhile, just one senator is holding up the #CASEAct. For anyone active on Twitter, the CopyrightAlliance is asking creators and their friends to use the hashtag #AskWydenWhy and to tweet @RonWyden.

All the best,

Rowena Cherry 

Sunday, July 30, 2017

Taking Names (And Violating Authors' Human Rights For Profit?)


By "taking names", I mean "taking" in the sense of misappropriating famous authors' and artists' real names or pen names, and without permission or compensation, taking and selling those names as advertising keywords.

In 2013, according to Penny Sansevieri of Author Marketing Experts, Amazon took the moral highground when debut authors attempted to exploit the names of celebrity authors (without permission) in order to market books.

https://www.amarketingexpert.com/amazon-making-big-changes-authors-beware/

Now, I hear, Amazon is cashing in, and selling celebrity author names as advertising keywords. Perhaps Jeff Bezos has (allegedly) lost his morals because Mark Zuckerberg is (allegedly) doing it? And getting away with it.

I am fairly confident that Amazon indeed may be selling names as keywords, because the Kindle advice forum is replete with advice on, for instance, how to pay Amazon to suggest to readers that ones writing is comparable to that of  JK Rowling.

https://www.kboards.com/index.php?topic=245100.0

I took Mark Zuckerberg's name in this context because Hypebot suggests that Facebook sells celebrity musicians' names as advertising keywords, and Hypebot quotes the "litigation risks" paragraphs from Facebook's own  2015 disclosures to investors as proof.

Facebook allegedly warns stockholders that American and international laws about the use of (presumably copyrighted) content, and the rights of publicity (that is persons' rights to their own names and likenesses) etc. etc. are still "evolving", and Facebook could be sued and lose--presumably massively-- in court(s).

http://www.hypebot.com/hypebot/2017/01/selling-artist-names-as-keywords-facebooks-misappropriation-problem-.html

Hypebot quotes Article 27 (2) of the Universal Declaration of Human Rights

Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.” 
In my opinion, that suggests that Facebook may violate artists' and creators' human rights for profit.  If that's what Facebook is getting away with, it looks like Amazon is getting away with it, too.

Facebook and Amazon probably have a high-placed friend in Senator Sensenbrenner (R WI ) who, according to The Trichordist, is proposing to strip copyright owners (at least, the beleaguered musical authors) of the right to statutory damages and to legal fees, even if they prevail in court in a copyright infringement action.

https://thetrichordist.com/2017/07/29/you-think-its-bad-for-songwriters-now-wait-until-the-sensenbrenner-r-wi-shiv-bill-passes/

That will put an end to copyright infringement class action lawsuits against permissionless innovators!

In my opinion, authors and songwriters and musicians should be explicitly granted the right to opt in to having their names sold as advertising keywords (opt out is more onerous, and leads to problems of payment if the search engines "cannot find" someone) and they ought to be paid royalties every time their name is sold as a keyword.

Since that is rather unlikely, and might even require an Act of Congress, what's to be done about it?

The legal blog of FR Kelly discusses reasons to trademark your name, or the names of your children.

http://www.lexology.com/library/detail.aspx?g=4f7b84bb-f84c-490e-bf92-9aad96a93f3a&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+General+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2017-07-21&utm_term=

As they say, there may be money to be made from a name, so it is wise and prudent to make sure that the rightful owners of the name own the trademark. Otherwise, someone else could trademark the name first, and not only exploit it for profit, but also, prevent the rightful owner of the name from using it.

All the best,
Rowena Cherry