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Comment: Re:Parody (Score 1) 222

by cpt kangarooski (#49177671) Attached to: Gritty 'Power Rangers' Short Is Not Fair Use

And time shifting doesn't use just one. Time shifting monetized (when done by a company) is almost always not fair use. Tivo is the only one that survived legal challenges.

Time shifting is typically something that the end-user does. Tivo, like Sony before it (The original time shifting lawsuit was against Sony for their Betamax), merely makes the machine. So long as there is at least a potential lawful use for the recording function of the machine, they can go on making them. The Supreme Court found that at least some time shifting would be fair, and that was enough.

Space shifting is another example, the original case was against Diamond for their Rio MP3 players, but Apple's iPod relied on it, as did basically everyone else.

But it meets more than just one criteria. It's non-commercial.

No, the purpose of the use for time shifting, while not precisely commercial, is to simply use the work in the way that an ordinary user, who did not time shift, would use it. It's not strongly against fair use, but it certainly doesn't weigh for it in the way that an educational or transformative use would. At best it is a wash.

Comment: Re:Parody (Score 2) 222

by cpt kangarooski (#49177639) Attached to: Gritty 'Power Rangers' Short Is Not Fair Use

I don't think the parody exemption for copyrighed works applies to things protected by trademark, which I wouldn't be surprised if the Power Rangers are.

It does.

(Though the question of parodying a mark directly is different from parodying a work which happens to contain a mark. Parodying Star Wars, which includes X-Wings, and the Millennium Falcon, and Lightsabers, and so on is different from parodying the Star Wars logo all by itself)

Also, remember that trademarks are inferior to, and cannot be used as a substitute for, copyrights. And that trademarks themselves are subject to various limitations to allow for certain types of unauthorized use.

Comment: Re:Yes? (Score 1) 82

The biggest reason for user optimised search is because of commercial disputes over who gets on the first page and in what order. When you make it user optimised,everyone ends up having to suck it up because the search engine and the owners of the search data are not directly controlling placement, many end users are. Can you augment the user selection with some refinement algorithms, sure but at the core you still want to be able to say oh well it is the way users rate it and it would glaring and extreme over the top censorship to limit user choices.

Google is going to keep getting attacked for this and corporations will corruptly seek to gain commercial search advantage through corrupt lobbyists and biased legislation. Google has a real problem that will only continue to get worse unless is can push some of that responsibility onto others, many, many others. Cheaply recruiting all those trusted others and keeping them going, of course will not be that easy.

Comment: Re:Parody (Score 2) 222

by cpt kangarooski (#49177611) Attached to: Gritty 'Power Rangers' Short Is Not Fair Use

Peter Pan is in the public domain in the US. You can absolutely have Peter Pan promoting drug use ('fairy dust' can be the street name; a side effect might be paranoid hallucinations of ticking crocodiles, etc.), and publish it widely enough to detract from Disney's ability to keep Peter Pan a wholesome character that they can make tons of money off.

Go nuts.

But because people can ignore that -- In fact, I'm confident that there are bad porn versions of Peter Pan floating around -- it doesn't really detract from the original, or from the Disney movies, unless you allow it to. It's up to you, the audience member.

Comment: Re:Parody (Score 2) 222

by cpt kangarooski (#49177593) Attached to: Gritty 'Power Rangers' Short Is Not Fair Use

a parody is allowed to use however much of the original work it wants to.

That's not quite right.

There's no special status for works which are parodies. Some parodies can be fair uses, but not all parodies are. And not all fair uses are parodies, though some fair uses are.

In any case, one factor in determining whether a use is fair or not is how much, and of that how substantial a part, of the original work is used. It's possible to have a fair use that uses all of a work, but also possible to have a use which uses very little of a work, but which is not fair.

While it all depends on the circumstances at hand, a good rule of thumb is to take only so much as you need. If you wanted to make a parody of Star Wars about how Luke waving the lightsaber around in Obi-Wan's house is dangerous, because Luke is a klutz, you could probably use some footage of that scene from the movie. You would have a harder time justifying using the entire movie, but only changing that one scene for the purposes of parody.

Comment: Re:Parody (Score 2) 222

by cpt kangarooski (#49177547) Attached to: Gritty 'Power Rangers' Short Is Not Fair Use

You're allowed to use copyrighted material to parody that specific material, but not to parody something else.

This is the oft-cited parody/satire dichotomy.

No seriously, some people really get into this stuff.

Anyway, it's not a bright line rule or anything, though some people like to pretend that it is. Satire is just as able to be a fair use as a parody can be, and a loss on the third fair use factor does not by itself prevent a use from being a fair use. There are no bright lines in fair use; it's all case-by-case analyses, utterly dependent on the specific facts at issue.

Comment: Re:Parody is protected (Score 1) 222

by cpt kangarooski (#49177525) Attached to: Gritty 'Power Rangers' Short Is Not Fair Use

Parody is protected; satire is not.

That's not really true. There is no hard and fast rule to this effect. Certainly fair use allows for both some parodies (but not all parodies) and some satires (but not all satires).

Courts generally are more likely to find fair use where the use was limited to what was needed, and generally find that satires don't need to use particular works so much as parodies do (because a parody is aimed at the work itself, whereas satires merely employ a work to aim at a different target altogether). But there's nothing in the law that prevents a satire from being a fair use depending on the overall circumstances. It's just a little harder to show.

Comment: Re:Characters can be trademarked (Score 1) 222

by cpt kangarooski (#49177497) Attached to: Gritty 'Power Rangers' Short Is Not Fair Use

No, he was right. It's not the character that's copyrighted per se -- though it can be a useful shorthand to talk as if it is -- it's the works containing the character that are copyrighted.

Using the character is no different from using any other part of the work that the character appears in.

Also trademarks are inferior to, and no substitute for, copyrights. When the copyright for Steamboat Willy ends, a significant amount of the trademark protection for Mickey Mouse will end with it. This is because the use of a trademark indicates that all such marked goods originate ultimately from a common source. If anyone is allowed to make new works which are derivative of public domain Steamboat Willy, as copyright permits, the MICKEY MOUSE trademark for such works cannot serve to indicate a single source. Therefore the trademark suffers genericide.

The mark can still survive in other contexts -- Peter Pan is both a public domain character in the US and also a trademarked brand of peanut butter and intercity bus services -- but the copyright does some serious damage to it.

Look into the Shredded Wheat case for a similar situation involving the expiration of a patent dragging down a trademark, and the Dastar case for trademarks not being permitted to serve as a substitute for copyrights.

Comment: Re:Bennet is wrong (as usual) (Score 1) 222

by cpt kangarooski (#49177461) Attached to: Gritty 'Power Rangers' Short Is Not Fair Use

If there is no original footage, there can be no copyright violation on the original works.
Fan-fiction, whether the author allows it or not, is not part of the original author's copyright. The author has legally no say in what other people can and cannot write (and any legal decision that says they do is unconstitutional).

It's a derivative work. Copyright includes an exclusive right to prepare derivative works. Good luck with your argument about it being unconstitutional.

Comment: Re:Leverage (Score 1) 474

by rtb61 (#49177407) Attached to: Snowden Reportedly In Talks To Return To US To Face Trial

Past reputation for the US. They only keep deals if it advantages them to do so, once the advantage ceases so does the deal, just ask Native Americans and all the treaties they signed with the Yankees. I can not see how Edward Snowden can possibly expect to return to the US, ever. The nature of the country and it's government makes that impossible. Why the negotiations, likely an immigration step, simple proof of the impossibility of returning and the legal justification for the certainties of Russian citizen status. Russian moves with RT http://rt.com/ would be an indication that is reaching out to the rest of the world. They are now more likely to create say a multi-national technological development enclave within Russia to attract people from all over the globe to develop Russian commercial technology. That kind of cerebral melting pot is far more effective that a monocultural one and it helps to create an economic climate for other commercial developments in that enclave, tourism, content development etc..

Comment: Re:Just what we need.... (Score 1) 222

by cpt kangarooski (#49177399) Attached to: Gritty 'Power Rangers' Short Is Not Fair Use

I don't want to see a rageful, murderous Spock.

Well, while I would say it's a classic, I would advise you not to watch Star Trek episode 30, "Amok Time," which features a rageful, murderous Spock.

I don't want to see a Superman film that makes me want to kill myself.

Also skip Superman III and Superman IV.

Comment: Re:Maintainable... (Score 1) 117

by rtb61 (#49177345) Attached to: Study: Refactoring Doesn't Improve Code Quality

The biggest problem with the study is it seems to miss the whole point of refactoring code http://en.wikipedia.org/wiki/C.... It is not about one project, it is all about a coding company and the code it produces over the life time of it's existence, about all of it's projects, past present and future. Is refactoring a technical waste for one project, depends upon the qualities of the initial code produced. Is refactoring a waste over 100 different projects over ten years, of course not and often because far less refactoring effort will be required for latter projects than earlier projects and those latter projects will be far more efficient.

It is much like the principles of TQM http://en.wikipedia.org/wiki/T.... Does Total Quality management work for one project, rarely the administrative costs will readily out weigh the benefits because there is little or no opportunity to apply the improvements provided by TQM. Will TQM provide benefits for hundred projects over ten years, of course because. As there is plenty of opportunity to apply the benefits gained from the administrative efforts expended on TQM.

Comment: Re:TOTALLY fair use (Score 1) 222

by cpt kangarooski (#49177313) Attached to: Gritty 'Power Rangers' Short Is Not Fair Use

But the copyright that we're talking about is not a copyright on the original work, it's a copyright on the characters.

Technically there is no copyright on the characters standing alone. The copyright is on the work the characters first appear in. (Or for later traits of the characters, the works in which those traits first appear) When you use characters, you're really making a new work which is derivative of that part of the previous work in which the characters are defined.

Character copyright is just a sort of shorthand for this idea, but it's not a distinct thing.

Comment: Re:Parody (Score 1) 222

by cpt kangarooski (#49177273) Attached to: Gritty 'Power Rangers' Short Is Not Fair Use

Any one alone wouldn't be fair use

Possibly not in this case, but fair use is not applied in a strict way. Consider time shifting: It's not creative, it uses fictional works, it uses all of the work, but it doesn't materially harm the market for the work. Only one of the four factors is in favor of fair use, but time shifting is generally considered to be fair.

The degree of technical confidence is inversely proportional to the level of management.