Comment Re:I still don't see how there's a basis to compla (Score 1) 36
Right, but as I just said obeying a disallow directive isn't legally mandatory, so it doesn't mean much.
Right, but as I just said obeying a disallow directive isn't legally mandatory, so it doesn't mean much.
Reddit might have a good complaint about terms of service or CFAA or something. I don't know. But at least one part of their complaint looks like garbage:
7. Congress has enacted laws to prevent exactly what Defendants are doing:
circumventing or bypassing technological measures that effectively control access to copyrighted
works. See Digital Millennium Copyright Act, 17 U.S.C. 1201, et seq. Each of the Defendants
in this action is profiting by evading technological control measures to access Reddit data it
knows it does not have permission to access or use. Because Reddit has always believed in the
open internet, it takes its role as a steward of its users’ communities, discussions, and authentic
human discourse seriously. Through this action, Reddit seeks to end Defendants’ circumvention
of security measures protecting Reddit data, blatant misuse of Reddit content, and disrespect for
its users’ rights, all of which harm Reddit and its hundreds of thousands of authentic human
communities.
Ah, DMCA, my old friend. Let's review some DCMA definitions from 1201(a)(3), but I'll add some emphasis:
(3) As used in this subsection—
(A) to “circumvent a technological measure” means to descramble a scrambled work, to decrypt an encrypted work, or otherwise to avoid, bypass, remove, deactivate, or impair a technological measure, without the authority of the copyright owner; and(B) a technological measure “effectively controls access to a work” if the measure, in the ordinary course of its operation, requires the application of information, or a process or a treatment, with the authority of the copyright owner, to gain access to the work.
It is here that I must mention that I happen to have a reddit account, and I am somewhat familiar with that website. And I never, ever authorized any technological measure to limit access to my posts/comments. That doesn't mean reddit can't do it, but reddit never asked me and I never authorized it, so whatever is being circumvented does not, therefore (by DMCA's own words), "effectively control access to a work" because the technological measure was never authorized by the copyright owner. I suspect that no reddit users have authorized this, or at most, only reddit employees have been ordered by their bosses to authorize it.
Furthermore, how do we know that the copyright owners don't authorize anyone to "avoid, bypass, remove, deactivate, or impair a technological measure" their copyrighted works? I authorize people to do that. (Indeed, my Slashdot sig below, is a reference to that.) I don't think I have ever said on reddit that I authorize it (the way i have done here on Slashdot) but if anyone (reddit?!?) ever bothers to ask me...
There seems to be some popular misunderstanding of DMCA, that it prohibits cracking DRM. But that's only true if the copyright owner authorized the DRM in the first place and also if they don't authorizing cracking it. Neither of those two required conditions apply in this case.
The difference depends on context, of course.
Generally speaking there are several cases to consider:
(1) Site requires agreeing on terms of service before browser can access content. In this case, scraping is a clear violation.
(2) Site terms of service forbid scraping content, but human visitors can view content and
(2a) site takes technical measures to exclude bots. In this case scraping is a no-no, but for a different reason: it violates the Computer Fraud and Abuse Act.
(2b) site takes no technical measures to exclude bots. In this case, the answer is unclear, and may depend on the specific jurisdiction (e.g. circuit court).
(3) Site has a robots.txt file and
(3a) robots.txt allows scraping. In this case, even if the terms of service forbid scraping, the permission given here helps the scraper's defense.
(3b) robots.txt forbids scraping. In this case obeying robots.txt isn't in itself legally mandatory, but it may affect your case if the site takes other anti-scraping measures.
Not *explicitly*. Offering such a database would be an invitation for people to look at the whole data broker industry. So what you, as a databroker who tracks and piegeonholes every human being who uses the Internet to a fare-the-well, do to tap into the market for lists of gullible yokels? You offer your customer, literally anyone with money, the ability to zero in on the gullible by choosing appropriate proxies.
For example, you can get a list of everyone who has searched for "purchasing real estate with no money down". Sad people who buy colloidal silver and herbal male enhancement products. People who buy terrible crypto assets like NFTs and memecoins. Nutters who spend a lot of time on conspiracy theory sites.
It's kind of like doxxing someone. You might not be able to find out directly that John Doe lives on Maple St and works for ACME services, but you can piece it together by the traces he leaves online. Only you do it to populations wholesale.
wait a week or two and the details will change completely.
Trump is nothing if not mercurial. His fans will tell you he's playing 11 dimensional chess... I have my doubts, but let's say that's true. The problem is that when it comes to the economy it's not chess. It's more like basketball, and the President is the point guard calling plays, except the play being called keeps changing before the players can execute the last call. It's a tough time to be running a business, you can't plan out more than a couple of weeks.
sure, he can delay the inevitable
Inevitable. LOL.
The EU will break up before it truly bans ICE engines. It's not going to happen in our lifetime. Brussels may impose a penalty of some kind on member states that don't comply, but it'll be fairly cheap. Some tax or another will be imposed, everyone will claim victory, and ICE vehicles will continue to roll off production lines on the Continent.
"It takes four hundred thirty people to man a starship. With this, you don't need anyone. One machine can do all those things they send men out to do now. Men no longer need die in space, or on some alien world. Men can live, and go on to achieve greater things than fact-finding and dying for galactic space, which is neither ours to give or to take. They can't understand. We don't want to destroy life, we want to save it!" - Dr Daystrom
If you ignore the plot of the episode (where M5 is doing buggy shit and taking Daystrom's sanity with it), I think his speech sums up my outlook on technological progress pretty well. If somewhere, someone is toiling, that's an error to be corrected. In a weird way, creating the fat slobs of WALL-E is, in fact, the goal. (Though for some reason, I prefer to picture Hedonismbot from Futurama as my true ideal.)
As for how to solve the resulting "finally, we can all afford to be fat slobs, so now we are all fat slobs" problem, I dunno, someone else can worry about that.
Accurate statement: "Humans invented a way to harness CRISPR/Cas9 to create transgenic organisms"
Inaccurate statement: "Humans invented CRISPR/Cas9"
This isn't complicated.
Most people are deeply stupid and that has always been the case.
Most people are not "deeply stupid". But that post was deeply arrogant.
If there were animals adeptly using fire long before humans existed, we would not call humans the first to "master fire" just because humans understood what they were doing.
Here is a list of all the animals besides humans who have mastered the use of CRISPR technology:
FYI, humans didn't invent CRISPR/Cas9 - bacteria and archaea did.
https://en.wikipedia.org/wiki/CRISPR
It's an antiviral immune system. They bait bacteriophages into inserting their genes into noncoding regions of their genome, and then use CRISPR/Cas9 to match up anything from these noncoding regions that are in their coding regions, and to cut it out.
We humans stole that tech from them
Right, the economist refer to this as "externality". Fossil fuels aren't cheap, if you factor in the costs that people using them transfer to third parties. Theoretically, if the true cost of using fossil fuels were factored into every pound of coal or gallon of gasoline consumed, then we would use *exactly the right amount* of fossil fuels. Probably not zero, but not as much as we do when we pretend pollution isn't a cost.
Grace Slick said the music of "White Rabbit" was inspired by Miles Davis' "Sketches of Spain." Ergo, not art. Copyright denied.
art is made by artists, not robots
Can a cyborg be an artist? Can photography be art, or does using a camera disqualify it?
I don't consider myself an artist, but I suppose I could be. Like a lot of other computer dorks my age, back in the day I played around with ray-tracing and the classical mirrored sphere floating above a checkboard plane. (You too, huh?)
Then I tilted camera a little bit, changed the checkboard into a colorful 'Brot. Then multiple mirrored spheres, and a sun-like light source floating above it all (actually many light sources, slightly offset, to give the shadow edges more of a diffusion), a gradually shaded the sky to look like a winter sunset (I remember many January evenings walking home and looking at Albuquerque's evening western horizon, and thinking about parametric functions based on the angle, to recreate that blue-to-green-to-red look), then added more complex solids as I got a little better at the math, sent 4 or 9 rays through each pixel and anti-aliased, and
.. then focus moved away from the composition to performance, where I had a whole Netware network of machines at my workplace (shh, sneaking in there at night) to draw in parallel, using record-locks to control which y values were done/undone. And some of the machines were 486s with floating point hardware(!!) (OMG so fast!), and then
.. ok, and by the time I got bored and moved onto the next thing, I'll admit that what I had was still a cliche pastiche that few people would call art. It was crap, but it was damn fun to make, and that was the whole point. And so ends my story (but not my rant!).
But what if I had stuck with it? What if I had something to say? (Which I didn't.) I didn't draw those pictures, but I "drew" the thing that drew them. I specified them, and there was no limit to the complexity that could have been taken on. If had kept with it and had made something good (which I didn't), but then someone said I hadn't been the creator of my images, or that they were unfit for copyright whereas someone's freehand-drawn picture was fit, I think I would have resented that!
Wouldn't you?
The guy in the story didn't write Midjourney, but if he had, I would totally support his claim.
And waitaminute, so what if I wrote the program? That part of my work was just in getting it to work, and then getting it to work faster, and that's when I got bored because Dammit Jim, I'm a programmer, not an artist. But the other part of the work was the composition, the arrays of "objects" (this was straight C and nothing about the program was OO) and their positions and properties. What if someone else took my program but then modified the arrays to model the scene to their specification? Would their work be unfit for copyright?
"Don't talk to me about disclaimers! I invented disclaimers!" -- The Censored Hacker