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Post #1223

Re: [videoblogging] copyright

By M. Sean Gilligan | "M. Sean Gilligan" <seanlist@...> | M_Sean_Gilligan
September 16, 2004 | Post #1223 | Topic #514

> > Actually, the reason you can't use their images (etc.) is *because* they >> abide the laws. It seems fair to me that you can't use a work someone else >> made without their permission. Remember that you still have the right to >> Fair Use no matter who the author is! Of course it becomes a problem when >> Fox sues Joe Average, because Joe can't afford a nice lawyer even if he is >> protected by Fair Use. >> >> That's not a problem with copyright law though. That's a much much bigger >> problem concerning the whole civil legal system. > >see, here's where we disagre. >yes, its a court problem..BECAUSE the law is so fucked up. >Fair Use is not for real. >like you say, i may win in court...but to step in a courtroom costs a couple >grand....this begins self-censorship...the worst kind. To repeat my "Three Basic Rules" from an earlier post: 1) When creating content, make it clear how you would like it to be used 2) When using content, respect the wishes of the creators 3) Speak up about abusers of the "system" and also where the "system" needs to be changed or improved. (Jay, #3 means stick up for Fair Use. I know you would certainly beg, borrow, or steal the money to show up in court, right?) There are several effective ways of dealing with legal bullying: A) Non-profit organizations that provide legal defense, like EFF (http://www.eff.org) or OSDL Linux Legal Defense Fund (http://www.osdl.org/about_osdl/legal/lldf) B) Posting all threatening letters from the bully to your blog A teenager named "Mike Rowe" started "Mike Rowe Soft" MicroSoft came after him, but in order to not look like a bully, had to cut him a pretty good deal: http://weblogs.bored.com.au/glenn/archive/2004/01/31/263.aspx C) Other forms of bad PR for bullies and even boycotts The blogosphere is really good at punishing arrogant corporations who don't get it. The latest example is CBS: http://abcnews.go.com/wire/Entertainment/ap20040916_1494.html CBS made the mistake of smearing bloggers as ""guys who write in their pajamas". There are legions of bloggers who now wear their pajamas with pride. CBS didn't have a clue and they are paying: http://www.drudgereport.com/cbsd3.htm A story on the pajama Dan Gillmor's "We the Media" is fascinating on this subject. There really is a revolution going on here. It doesn't mean that good people won't get hurt, but big changes are happening. The "little guy" will have more power than ever. From The Scotsman: (Complete article at: http://news.scotsman.com/features.cfm?id=1086802004) "But CBS's dismissive response to the bloggers was revealing in another way. It was clear that the network resented being held accountable by, gasp, amateurs, who were not trained journalists and part of the media elite. One CBS executive dismissed bloggers as "guys who write in their pyjamas". How dare they criticise the mighty CBS! This time, the pyjama- wearers have bitten back and they may, in the process, have dealt a grievous blow to America's smug and self-satisfied media aristocracy. "The blogs are relentless and loud and in real time. You can't beat them," says Andrew Sullivan, who writes at http://www.andrewsullivan.com as well as for The New Republic and Time magazine. " The article concludes: "The lesson of this week has been that, in America at least, the media has been democratised. In a dizzying, energising and raucous return to the pamphleteering days of the 18th and 19th centuries, the people have, through the worldwide web and easy-to-use publishing software, been given a voice. They will not easily be silenced." THIS IS WHAT WE'RE GOING TO DO WITH VIDEO! -- Sean -- --------------------------------------------------------------------------- M. Sean Gilligan : 831-466-9788 x11 Catalla Systems, Inc. ---------------------------------------------------------------------------