Comment Re:Crazy... (Score 4, Informative) 164
God, I'm old. This was 5 months after I graduated high school.
God, I'm old. This was 5 months after I graduated high school.
I know it's
Well, no. I'm FB friends with my younger brothers. The youngest is in high school, and has the sense of humor one expects to find in bright, 16 year old boys... rather juvenile. I'm not going to de-friend my brother. I work at helping to teach him what's appropriate and what's inappropriate, but of course that's not always successful. If he were to add me to some group because of some childish whim of his, that doesn't mean he's not my friend... just that he's exercised some bad judgment.
Do you immediately ditch all your friends the instant they do something against your wishes? If so, I doubt you have many left. Most of us have at least a few friends who on occasion act a bit like an asshole, but are our friends nevertheless.
The REAL problem here is Facebook failing to let its users have control over what other users do to an aspect of our account. I can un-tag myself from pictures. I can turn off the ability of others to tag me in photos. Why can't I turn off the ability of other users to tag me in (i.e., make me a "member" of) groups? I should have complete control over all aspects of where my FB identity is linked in FB.
Fair question. How do you know they're suffering? Have YOU spoken to them?
Yes! I played many, many hours of Balance of Power. As I recall, it was actually a Windows game, and came with a customized version of Windows 1.0 or Windows 2.0 which could be used only to load BoP.
"You have initiated a global thermonuclear war. No, you will not be rewarded by cool graphics of the earth exploding." Or something like that. Wish I could play it again.
Did you by any chance play Sun Tzu's The Ancient Art of War (or its sequel, TAAoW at Sea), which was out around the same time?
While it would take a more focused and exhaustive study to conclude that these seemingly fortunate attitudinal differences are correct, strong, and global, they do hint at rules of thumb for licensors releasing works under NC licenses and licensees using works released under NC licenses — licensors should expect some uses of their works that would not meet the most stringently conservative definition of noncommercial, and licensees who are uncertain of whether their use is noncommercial should find a work to use that does unambiguously allow commercial use
You may not exercise any of the rights granted to You in Section 3 above in any manner that is primarily intended for or directed toward commercial advantage or private monetary compensation. The exchange of the Work for other copyrighted works by means of digital file-sharing or otherwise shall not be considered to be intended for or directed toward commercial advantage or private monetary compensation, provided there is no payment of any monetary compensation in con-nection with the exchange of copyrighted works.
Is the use of the photo to illustrate a story "primarily intended for or directed toward commercial advantage"? My own blog has ads on it, but those ads have never paid me enough to even meet the expenses of hosting the blog. Would I be using the image for "commercial advantage" if I posted it on my blog?
Worse, the phrase "commercial use" has a fairly standard meaning in photography law, as the use of the image basically in an advertisement. Thus, when the National Enquirer runs a photo of some celebrity, that use is an "editorial" use rather than a "commercial" use; it illustrates the editorial story. They still have to pay the photographer ("non-commercial use" by itself is hardly enough to allow a copyright violation), but they don't have to pay the subjects of the photo anything... even though the whole point of running the photo is to sell more copies of the Enquirer, a for-profit organization. But if they wanted to use the very same photo in an ad for, say, a watch company advertising in the Enquirer, then that ad would be a "commercial use" of the photo, and they would have to have the permission of the subjects of the photo to use it for that purpose. Media companies are VERY familiar with that distinction, so if they see a "non-commercial use only" clause, then they will automatically assume that just means that you can't use it in an actual ad.
So when the CC non-commercial clause is used, does that mean "commercial" versus "editorial" as the law has defined those concepts in an important area of photography law? Or does it mean something entirely different? The definition should be MUCH more clear. As a lawyer, I wouldn't have a problem representing BoingBoing here, and I'm sure the vagueness of the clause would at the VERY least allow them to get off with only paying a nominal charge for the use of the images, and may very well result in them not having to pay a dime.
Go rant at Lawrence Lessig and the lawyers who drew up the Creative Commons license for not writing clearer license terms.
Many people write memos to tell you they have nothing to say.