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Comment Re:Commerce as speech (Score 1) 172

Yep, there are a few transformative angles you can take.

First thing to note, is that it is unlikely that Richard Prince would sue. I guess that for the price tag, each print is unique. Why would he print twice the same thing when it takes him all of 10 minutes to find a decent image, screenshot it, print it and sign it (apparently for the Instagram copies, his comment is the signature, he doesn't even bother to sign) ? There is no loss of sales for him, and he's able to find suckers for his "unique" prints. Why would he risk losing a case ?

But in the hypothetical case... the courts say that an use is transformative (Firefox's spell checker doesn't like that word...) when it is "altering the original with new expression, meaning, or message".

About the expression, given that Suicide Girls have the original image, they could "reinterpret" the print by enhancing it with the original quality instead of the screenshot quality, and argue how it's adding depth, or adding contrast with the surrounding low-res text or whatever.

Or if it is about the context changing its meaning, at first it was an Instagram post, then it was a part of an art exhibition, then it is a re-appropriation for a charity. Hence I'm arguing that Mark Meyer's comment on how "While Prince’s use of Mooney’s photos adds new and significant context, Mooney is simply selling copies of Prince’s work with no additional contextual commentary" is wrong. In the end, the "context" is only about your capacity to convince that, really, "it isn't what it looks like". And Richard Prince is much more seasoned at that game than Mooney ever will.

About the message, I was thinking along the same line as you did. Something like, this is the actual message (the $90,000 / $90 poster), and the sold prints are only parts of the overall artwork, as so many parts of the message. With both Prince and Mooney, it's the same relation between the individual print and the "meaningful context" (art exhibition / re-appropriation for a charity).

However, I agree with Mark Meyer on that point, the "we added the "suicide girl true art" message" is probably not going to cut it.

Comment Re:Since when rewarding pirates is "good"? (Score 1) 214

with intent to deprive the rightful owner of it

this is also necessary condition for 'theft' in about any legal code. this condition is not met in this case, and unless you can prove it is, your discourse just doesn't stand.

if you're betting on 'loss of rightful revenue', it's a skewed and controversial concept. the problem here is the term 'rightful' which is a nebulose trying to coerce 'their right to sell' into 'my obligation to buy'. needless to say, i don't buy it. but even then, assuming some imaginary context where that 'rightful revenue' really existed ... you can't 'deprive' someone of something they never had. so without deprivation it can't possibly be theft, and i'm not a thief. you should be really able to grasp this simple and fundamental fact.

call it something else. take your pick, i don't care. but calling it theft is irrational or dishonest or both.

Comment Re:Since when rewarding pirates is "good"? (Score 1) 214

sigh ... since you insist in totally ignoring the accepted meaning of 'theft' i assume you are not interested in any rational discussion whatsoever. as for me, i'm not interested in watching you writing 'thief' in a loop, in bold caps and with exclamation marks, as if you were having a mental breakdown. you have made your point. have a cookie. take care.

Comment Re:Since when rewarding pirates is "good"? (Score 1) 214

can you help me find the right word (not phrase) for a person who uses the product of someone else's work without the producer's permission?

i have no need to define such a person because i see nothing special or particularly defining in that act, so please suit yourself. my point, however, is that equating this with 'theft' or 'piracy' can't possibly be attributed to lack of knowledge of the language, but very much with deliberate misrepresentation and intoxication. not saying you are the source, though, it's very widespread bullshit and my impression is that you just swallowed it without critical thinking. i hereby just invite you to deeper reflection. how would YOU call such a person?

Comment Re:Since when rewarding pirates is "good"? (Score 1) 214

words have meaning, meaning is important. you even spout that proudly on your own sig.

http://www.merriam-webster.com...

Full Definition of THEFT
1a : the act of stealing; specifically : the felonious taking and removing of personal property with intent to deprive the rightful owner of it

so since i'm not depriving anyone of anything, not even 'loss of rightful revenue" because there never was any to begin with, what i do can harldy be theft, no matter how much you want to put it in bold letters and ... well, twist the meaning of words to misrepresent it. catch the irony, troll.

Comment Re:Since when rewarding pirates is "good"? (Score 1) 214

As you can understand from my comments, i dislike piracy. And because i agree with you that switching to free software is an option, with many benefits (even if i don't dislike proprietary software), i dislike piracy even more.

and i dislike the bullshit in equating use of software without a license to piracy. so what? do you have something interesting to say about the topic or not?

i don't. but that's just because i don't give a crap about windows and its licenses. i have non-genuine w7 to run games, i would't personally use it for anything else, nor do i want it, so why should i pay any license? and no doubt i will have a non-genuine w-whatever as soon as games ask for it. that's a deal between game developers and microsoft, they should sort that out themselves or else let me choose. i don't think the game developer has any issue with my windows being non-genuine, so why should i? you calling me a pirate because of this only makes you look funny. you know, 'pirates', those guys used to barbecue your guts after pulling them out of you after raping you. you ip zealots really should get a grip already.

Comment Re:Not everyone is a musician (Score 1) 226

You fundamentally fail to understand intellectually property rights

i do understand intellectual property rights, that's how i know intellectual property is fundamentally wrong.

you, however, seem to fail to understand how the media industry works.

Comment My experience with IPv6 (Score 2) 390

I can do IPv6 from my ISP since last November. My issues so far have been:

  • The ISP ADSL router hasn't been extensively tested for IPv6. Its caching DNS server tends to die after approximately 10 days, and the IPv6 connection itself is at times unavailable (probably not an up-link issue as rebooting the ADSL router fixes the issue. Temporarily.)
  • Some web sites have registered a DNS entry for IPv6, but don't have a properly configured IPv6 HTTP server. I could ask the DNS resolver to try IPv4 first, but then when would I actually be using IPv6 ?
  • I can't even experience the non-NAT'ed network, as I don't have IPv6 access from the work place.

On the other hand, IPv6 was doing fine 12 years ago, on the IPv6 backbone from the university.

Comment Re:Any police killed in the crossfire? (Score 1) 143

because they are in every big protest, and have been identified many times. because you can spot them wearing headphones and talking to center command. because they have been captured on video throwing stones and inciting riots. because they are routinely identified and exposed by the crowd, and told to get the fuck out of the demonstration, which they promptly do, although not a single one of them has been harmed up to this date in these situations (on one instance however they got scared and had to be rescued by anti-riots, although anybody had touched a single hair of them, just shouts). because the fact is 99% of people in these demonstrations is peaceful and has actually very good reasons to be there.

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