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Comment Re:Ramifications (Score 1) 334

There is absolutely explicit consent given when the image is created. Unless the party is claiming they didn't consent at the time, consent was given.

Usage rights are not the same thing as ownership and copyright.

However, personal private usage rights to any photograph a photographer creates is always a given, regardless of any other usage rights. The photographer has a right to keep that in his personal collection. He may not be allowed to display it publicly, use it commercially, or even hang it in his house, but having the image sitting on a hard drive is absolutely within his rights.

Unless the subject has a written "work for hire" contract in most jurisdictions, the photographs are copyright and owned by the photographer. Changing your mind later because of a personal relationship doesn't somehow trump hundreds of years of law surrounding art.

Comment Re:Ridiculous (Score 1) 334

That's why nude models have contracts. Often there is a clause that lets them back out later, but only if they compensate the artist.

No they do not.

That's why they have contracts, because if they get cold feet after the fact the photographer can point to it and say sorry, but you signed off on this, I'm not tossing away all my hard work. I don't know of any standard modelling contracts that include clauses for a model to change her mind later.

Really? Because I note that there has been a crack down on revenge porn sites in the US.

Yes, and what's that all about? Is the crackdown about consent to the creation of the photograph or usage?

Comment Re:Ramifications (Score 1) 334

They consented to having the image created at the time. They would admit as much by taking it to court to revoke their consent. It doesn't really matter how they consented, both parties are in agreement that consent was given at the time to create the photo. Once an image is created you can only talk about usage rights regarding any public usage of the photo. They certainly can't build a time machine and go back and revoke the consent they gave to actually take the picture at the time.

They may not want the photographer to be able to use the image by publicly displaying it going forward, but those are usage rights, that has nothing to do with the consent given when the photograph was taken. The artistic ownership and control of the image belongs to the author of the photo which the subject is not.

Comment Re:Ramifications (Score 1) 334

While that may apply to future use, if consent is given to take a photo you can't go back and ask them to delete it either. They own the artistic copyright on that image. Whatever the merits may be. The subject consented when it was created. They might disallow further publishing of a photo, prevent it from being seen publicly, but to force someone to delete all traces of it is madness.

Comment Re:BS (Score 5, Interesting) 293

There is a lot of retaliatory butthurt behaviour on the internet.

You make one comment someone doesn't like and suddenly it's open season on everything you've ever said, regardless of it's worth. Somewhere like Reddit, someone will go through and downvote your last 40+ comments just because you got the better of them in a debate. Downvoting without commenting is the last vestige of the defeated. They know their argument can't hold water, so rather than concede the point, or move on, they go through and downvote anyone who spoke against them. While some comments are generally stupid enough that they need no reply (or further replies than the ones they've already received), someone who just abandons a discussion in favor of downvoting damages a community.

I can remember one exchange over on reddit, something on Korean language, where a native Korean chimes in as a reply to my comment "This guy is totally 100% right why is this being downvoted?" And it was all because of some other topic where a handful of butthurt children couldn't handle being proven wrong on a point so decided to run around downvoting anything else I'd posted within the last few days.

I've had it happen on Slashdot as well. Not in awhile, because I don't comment here as much as I used to (I used to frequently get mod points, but not that much recently). A few times, almost always after a debate with someone, the other party (I can only assume) would get mod points, and then past posts of mine, like ones over a week old, would suddenly all be moderated down as troll or something like that. I think I even made a post a few years ago about vindictive moderation.

 

Comment late 80s into the 90s (Score 3, Insightful) 92

Say what you will about all the access devs have now, but it was that time when things were greatest.

People were still experimenting. Not just with concepts but core mechanics. Interfaces, everything. It was the wild west.

People weren't yet dumbing things down to make them more "Accessible", when you got a game there wasn't going to be another one in 5 minutes. The internet wasn't everywhere. People still had slow connections when it came around. You read magazines, hunted for games and traded with friends.

The early days were really the best for the entirety of computing. Sure, things are flashy, we have such powerful machines now. Those were the days of great games and great indie games.

Comment Re:And still linux sucks (Score 2) 202

Because being free isn't a pass on criticism. I'm not sure when that happened. Yes all the people who have devoted time and effort and money on Linux deserve credit for doing so. But for the end consumer there is no real difference between an OS you got for free and one you paid $100 for. They still need to work and they still need to do what you need. Otherwise free doesn't mean anything. In the end they're still providing a product regardless of the cost and the consumer is going to form an opinion on it and give feedback. It's simply just not there yet and the only thing that's really going to get it there, in my opinion, at this point is a huge infusion of cash in exactly the right direction.

Comment Re:And still linux sucks (Score 1) 202

Their claim is that it is is and that might be why they don't want it on Linux. Because it is less suitable, less easy, it will cost more to port it over and since they don't yet see a big market for users they won't do it.

It's chicken and the egg. The existence of other apps is immaterial. Other apps might be suited to Linux, they might be easy, cost effective to port and they might be targeting people who might otherwise already use linux.

However, if you get them to do it, the users will come and it will start to snowball. It needs that push to get going and that only comes with money.

Comment Re:And still linux sucks (Score 3, Insightful) 202

Because linux isn't a cohesive platform. That's the problem. As I was googling around one of the staff at adobe mentioned last year that Linux lacked standardized APIs on a forum thread regarding photoshop on Linux.

There is a perception that Linux is a bit like the wild west and in this day and age when you have stable mature platforms like Mac and Windows available, that's risky for developers. Even for big companies.

The intrinsic connection they have is market share and having already been the platform for this programs for a long time. Linux needs to really step up and say "Hey we're ready look at us" but they haven't had that moment yet.

Ubuntu is a step in the right direction. If a company with real money can get behind it and drive it to some kind of consumer ready level like Windows or Mac is, enthusiasts can still sit there and fork and tweak and do as they like, but getting a real ready version there that gets people's attention and wants to make people use it and develop for it is what will drive Linux's success.

It might not be directly Linux's fault that Microsoft doesn't make office for Linux, but they just got office for IOS not that long ago. Who knows what kind of wrangling that took. But if I was someone like Canonical I'd see just how much money it would take to convince Microsoft to make it for linux and make that happen. I'd do the same with programs like Photoshop, and other major programs that have major user bases that are seen as core apps. Valve already seems like they're moving in the direction of taking care of games so I'd make sure I was meeting with them and getting everyone on the same page. They don't have to arrange all the programs. If they do a few core programs that reach a large percentage of the user base, the other programs will start to get ported to linux as user base picks up. For example if they paid to get photoshop and office ported and linux went from the low single digits its sitting around now on the desktop up to 20% or a little higher I think you'd see companies start to take notice and start to focus a little more on it.

Comment Re:And still linux sucks (Score 2) 202

except that no one does.

"anyone" sounds like a lot of people, but Linux isn't just for coder enthusiasts with the know-how to fix their own problems. If linux is going to really take off on the desktop those things simply need to be already taken care of. With microsoft floundering around with windows 8 and tablets taking off, if someone wanted to really get market share away from microsoft dumping money into Linux like valve is doing here is a good start. Especially if it can be done in such a way that major game studios can easily make their games multiplatform. Games are what keep a lot of dedicated enthusiasts of all ages away from Linux. So are things like photoshop or microsoft office, or etc. A lot of the core products that people need just don't work well or at all. You can carry on about alternatives, but people don't want alternatives for those kinds of things. The OS, which is mostly background to a lot of people is easy to persuade them on, you can make it look and feel like windows. but gimp will never feel and look like photoshop.

Comment Re:Isn't parody protected in the US? (Score 1) 169

You did nothing to justify that, either.

There is very little to be done to justify balance in the world. That's a thing most well adjusted individuals accept as fact.

On a number of occasions, you attacked me for saying that a number of rights violations were bad. Forgive me for ever thinking that you were defending them.

No, I attacked you for coming across as mouthbreathing ranting moron, there is a difference. One you can't quite grasp which isn't a surprise.

Good luck with that, I'm sure it'll get you far.

Comment Re:Isn't parody protected in the US? (Score 1) 169

You've done nothing to justify the specific rights violations you're defending, and indeed, there's nothing you can do to justify them.

Actually I did no such thing. I said such a balance was necessary, i never said we had the right balance now. You only assumed I did because you haven't figured out that your nose was put on your face as a passage for air. In your completely unhinged knee-jerk reaction you failed to actually read anything and decided to launch into your latest manifesto. I expect we'll be seeing you up a clock tower before long.

Comment Re:Isn't parody protected in the US? (Score 1) 169

It is you who's too far gone; you despise freedom.

No, like most grown-ups I realize I'm part of a society and that the world doesn't revolve around me and my delusions.
That building a functioning society requires everyone to work together. That means give and take. I realize that's probably hard for you to understand but I'll see if I can't work it into some kind of puppet show so you can wrap your warped little mind around it.

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