Blaise Alleyne
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1 day ago
in Reusing Content: Derivative Work vs Modified Work on Play the Web
In other words, I think you're inventing the distinction between modified and derivative works. That's not a legal distinction, to the best of my knowledge.
There is, however (at least in the US), a distinction between non-transformative and transformative derivative works.
There is, however (at least in the US), a distinction between non-transformative and transformative derivative works.
1 reply
1 day ago
in Reusing Content: Derivative Work vs Modified Work on Play the Web
I'm no lawyer,but I've taken an interest in this sort of thing.
All of those cases are clearly derivative works, except maybe image 3. The Creative Commons tends not to view a picture in a page of text as a derivative work, where as the Free Software Foundation (with the GNU Free Documentation License) believes that would constitute a derivative work. Which of them is right has yet to be seen, and would depend on the theories being tested in court. Or so I've been told.
I don't see how there's any question as to whether a cropped image is legally a derivative work. I think the real question you're asking is about transformative use. I think there's a strong argument that image 1 is transformative, whereas it would be harder to say the same about image 4. Image 3, if considered a derivative of the original, is also clearly transformative.
All of those cases are clearly derivative works, except maybe image 3. The Creative Commons tends not to view a picture in a page of text as a derivative work, where as the Free Software Foundation (with the GNU Free Documentation License) believes that would constitute a derivative work. Which of them is right has yet to be seen, and would depend on the theories being tested in court. Or so I've been told.
I don't see how there's any question as to whether a cropped image is legally a derivative work. I think the real question you're asking is about transformative use. I think there's a strong argument that image 1 is transformative, whereas it would be harder to say the same about image 4. Image 3, if considered a derivative of the original, is also clearly transformative.
1 reply
Blaise Alleyne
In other words, I think you're inventing the distinction between modified and derivative works. That's not a legal distinction, to the best of my knowledge.
There is, however (at least in the US), a distinction between non-transformative and transformative derivative works.
There is, however (at least in the US), a distinction between non-transformative and transformative derivative works.
2 days ago
in How damn kids, the internet and new media are going to make the entire world just a little smarter. on GoChet.com
This is pretty much the opposite of that Nick Carr, "Is Google making us stupid?" article. Very insightful.
2 days ago
in NewsCred launches public beta on Mathew's comments
I guess the question is... how to you measure the credibility of those rating the authors credibility?
I suppose their answer would be that it'll balance itself out in the end...
But what about controversial topics? Like, abortion or the Iraq war or something. With a service like Wikipedia, the aggregate result of a multitude of contributions is often a compromise, which is ideal. Is a compromise always appropriate for a credibility ranking? I mean, if there's a disagreement about an author's credibility, then sure, a compromise is a great solution, but if there's disagreement about the *beliefs* the author holds, is that something different than credibility?
I mean, can you disagree with someone and still consider them credible? There's a difference between someone being dishonest or having their facts wrong, and someone just coming to a different conclusion than you based on the same credible sources of information.
I suppose their answer would be that it'll balance itself out in the end...
But what about controversial topics? Like, abortion or the Iraq war or something. With a service like Wikipedia, the aggregate result of a multitude of contributions is often a compromise, which is ideal. Is a compromise always appropriate for a credibility ranking? I mean, if there's a disagreement about an author's credibility, then sure, a compromise is a great solution, but if there's disagreement about the *beliefs* the author holds, is that something different than credibility?
I mean, can you disagree with someone and still consider them credible? There's a difference between someone being dishonest or having their facts wrong, and someone just coming to a different conclusion than you based on the same credible sources of information.
3 weeks ago
in Delicious 2.0: Who bookmarks any more? on Mathew's comments
I have a bit of a hierarchical approach to remembering and sharing web pages...
If I like something in Google Reader, I'll share it. If I really like it, I'll share it and StumbleUpon it (though I just started using StumbleUpon this week). Then, if I *really* like something, I'll share it, StumbleUpon it, and post it to del.icio.us (and sometimes Facebook if I want my friends to see it).
What I find most useful about delicious isn't so much the individual bookmarks, but rather the sort of "streams" that are created. For example, I can link to http://del.icio.us/balleyne/copyright or http://del.icio.us/balleyne/music (or http://del.icio.us/balleyne/copyright+music) in order to share bookmarks with people, and I can grab the RSS from those streams to embed on my website, etc... I find I use that sort of functionality much more than I ever go back in search of any particular bookmark (the FF3 awesome bar is great for that).
So, *shrugs* to the redesign.
If I like something in Google Reader, I'll share it. If I really like it, I'll share it and StumbleUpon it (though I just started using StumbleUpon this week). Then, if I *really* like something, I'll share it, StumbleUpon it, and post it to del.icio.us (and sometimes Facebook if I want my friends to see it).
What I find most useful about delicious isn't so much the individual bookmarks, but rather the sort of "streams" that are created. For example, I can link to http://del.icio.us/balleyne/copyright or http://del.icio.us/balleyne/music (or http://del.icio.us/balleyne/copyright+music) in order to share bookmarks with people, and I can grab the RSS from those streams to embed on my website, etc... I find I use that sort of functionality much more than I ever go back in search of any particular bookmark (the FF3 awesome bar is great for that).
So, *shrugs* to the redesign.
1 reply
mathewi
The RSS feeds of tags or keywords is a great idea, actually. I hadn't thought of that. That way you can add a link (or links) to a bunch of archival material in case people want to read more about it. I'm going to have to remember that.
3 weeks ago
in Was Hasbro right to kill Scrabulous? on Mathew's comments
Yeah, just reading that post now. :)
3 weeks ago
in Was Hasbro right to kill Scrabulous? on Mathew's comments
But how are they reaping the benefits by pissing off Scrabulous users? The resounding cry from users in response to the lawsuit and takedown isn't "thank God there's finally an official version for us to play!" It's been, "screw you Hasbro, I was having fun."
2 replies
mathewi
I totally agree, Blaise. I made that point (via Mike Masnick at
Techdirt) in my recent post on the launch of Wordscraper.
Techdirt) in my recent post on the launch of Wordscraper.
ianbetteridge
People have short memories. I'd bet that within a year, the user-base of "official" Scrabble will equal or surpass that of Scrabulous.
But even if that didn't happen, paying someone who's stolen your game and profited from it isn't a viable long-term business strategy. It's an invite for other people to do the same - and you can't buy them all, because that doesn't allow you to actually develop your own strategy for releasing your own property.
But even if that didn't happen, paying someone who's stolen your game and profited from it isn't a viable long-term business strategy. It's an invite for other people to do the same - and you can't buy them all, because that doesn't allow you to actually develop your own strategy for releasing your own property.
3 weeks ago
in Was Hasbro right to kill Scrabulous? on Mathew's comments
It's not even a matter of compensating the Agarwalla brothers. It's a matter of making a smart business decision.
This is the thesis of the pirate's dilemna.
The Argarwallas found untapped demand in the market for Hasbro, they created something that renewed interest in the game and got people playing it again in a new way on a new medium. Why not hire these people who are obviously a valuable asset to the business? More importantly, why not buy Scrabulous so that it's *Hasbro's*? Rather than sue them, risk a lot of bad publicity, and risk the likely event that not many people will use Hasbro's version, make the switch to a company that sued their fun offline.
The Economist recently covered this: "in a recent book, “The Pirate’s Dilemma”, Matt Mason gives the example of Nigo, a Japanese designer who took Air Force 1 trainers made by Nike, removed the famous “swoosh” logo, applied his own designs and then sold the resulting shoes in limited editions at $300 a pair under his own label, A Bathing Ape. Instead of suing Nigo, Nike realised that he had spotted a gap in the market. It took a stake in his firm and also launched its own premium “remixes” of its trainers. Mr Mason argues that “the best way to profit from pirates is to copy them.”" [http://www.economist.com/opinion/displaystory.cfm?story_id=11750492]
It's certainly within their right to take legal action, but it's a bad business decision and no one wins (Hasbro would be better off taking advantage of Scrabulous).
This is the thesis of the pirate's dilemna.
The Argarwallas found untapped demand in the market for Hasbro, they created something that renewed interest in the game and got people playing it again in a new way on a new medium. Why not hire these people who are obviously a valuable asset to the business? More importantly, why not buy Scrabulous so that it's *Hasbro's*? Rather than sue them, risk a lot of bad publicity, and risk the likely event that not many people will use Hasbro's version, make the switch to a company that sued their fun offline.
The Economist recently covered this: "in a recent book, “The Pirate’s Dilemma”, Matt Mason gives the example of Nigo, a Japanese designer who took Air Force 1 trainers made by Nike, removed the famous “swoosh” logo, applied his own designs and then sold the resulting shoes in limited editions at $300 a pair under his own label, A Bathing Ape. Instead of suing Nigo, Nike realised that he had spotted a gap in the market. It took a stake in his firm and also launched its own premium “remixes” of its trainers. Mr Mason argues that “the best way to profit from pirates is to copy them.”" [http://www.economist.com/opinion/displaystory.cfm?story_id=11750492]
It's certainly within their right to take legal action, but it's a bad business decision and no one wins (Hasbro would be better off taking advantage of Scrabulous).
1 reply
mathewi
I tend to agree with you, Blaise -- and with the thesis of Matt Mason's book. As Brian Sullivan mentions in a comment on FriendFeed about my post, whether it might be seen as rewarding copyright infringement or not shouldn't really concern Hasbro -- they should be looking at it purely from a business standpoint, and the smart thing to do would have been to buy the app, hire the Agarwalla brothers and take advantage of all that free marketing and goodwill.
2 months ago
in Did Weezer rip off the Barenaked Ladies? on Mathew's comments
It's cool that Weezer is building on the idea, but it would have been nice if they've given the BNL a shout out if that was part of their inspiration.
2 replies
Blaise Alleyne
uh... they'd*
mathewi
I agree, Blaise. That would have been the cool thing to do.
3 months ago
in Facebook blocks Google, for your own good on Mathew's comments
I support Facebook on this one, as long as they can work the issue out with Google.
How can they support user privacy if, in the name of openness, they allow any third party complete access to your data?
They're trying to strike a balance, to find a way to protect user privacy while making data portable. Give them a break.
How can they support user privacy if, in the name of openness, they allow any third party complete access to your data?
They're trying to strike a balance, to find a way to protect user privacy while making data portable. Give them a break.
3 months ago
in Andreessen: MSFT did us a favour on Mathew's comments
... isn't UNIX a standard? Aren't pretty much all non-Microsoft operating systems based off that standard now, desktop or server? GNU/Linux, Mac OS X, Solaris, BSD...
Isn't Microsoft moving to make its server more UNIX-like with more command-line utilities, playing nicer with free and open source software stacks, etc... and didn't Vista take some steps in a unix-like direction, at least regarding security and user permissions (it's access control thing was basically an annoying version of 'sudo' on Ubuntu, for example)?
I don't get it. What was standardized?
Isn't Microsoft moving to make its server more UNIX-like with more command-line utilities, playing nicer with free and open source software stacks, etc... and didn't Vista take some steps in a unix-like direction, at least regarding security and user permissions (it's access control thing was basically an annoying version of 'sudo' on Ubuntu, for example)?
I don't get it. What was standardized?
From the link on Wikipedia, the way I read Transformative use would imply all of these images are transformative use. I too am no lawyer.
However, I am not trying to make a legal distinction. I'm more interested in content mark-up/metadata for content that is being reused. I think it is valuable to KNOW if a work I'm looking at is a derivative of another work. And although it may not be clear in my post, I'm trying to figure out:
1. If there are any hard rules for defining a work "Derivative". If so a system can define and then auto generate the metadata Work=Deriviative versus Work=Original. It seems to me that Derivative is likely a user generated field.
2. But there are easily defined rules for Modified work. However, is that useful metadata? Work=modified?