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Hart asks why EFF still dancing in Lenz v UMG.

I don’t know about you, but I’ve had my Internet service cut out from time to time, and I’m strongly considering suing my ISP for periodically violating my right to free expression.  Sound absurd?  Good.  Then, I draw your attention to Terry Hart’s recent update in the case known as Lenz v UMG.  What happened was Mrs. Lenz, a grandmother, uploaded a video of her dancing grandchild to YouTube, and an automated system detected the Prince song “Let’s Go Crazy” playing the background, which triggered a DMCA takedown notice from Universal Music Group.  It was an error — music playing incidentally in the background like that would often be fair use — but I’m happy to report the Lenz clan have suffered no psychological damage stemming from the six-week period when the video was offline.  That was six years ago, but as Hart reports, the Electronic Frontier Foundation, as the saying goes, is still making a federal case out of it.

The EFF and other forces aligned against artists’ rights like to claim that malicious DMCA notices are rampant, but as Hart has pointed out before, if this were true, why pick a fight over a case as weak as Lenz?  Answer:  because this isn’t about rampant abuse of DMCA (or certainly about any harm done to Mrs. Lenz), it’s about establishing greater burdens for individual creators to protect their works online.  If it weren’t about that, who’s paying EFF’s lawyers to pursue this for all these years?  Hint:  Not the Lenzes.

“So we can ask two questions. Do we want to see noninfringing content become temporarily inaccessible at certain web sites? Of course not. But, at the same time, is a greater than 99.8% accuracy rate acceptable, especially when you’re dealing with tens of millions of notices a month?”

See Terry Hart’s full article here.

Are designers of social engagement anti-social?

I remember very clearly a day in April 1992 when I was walking in my adoptive city of New York and thinking about my native city of Los Angeles, which was at that moment roiling with the violence known as the Rodney King Riots.  I couldn’t help but wonder whether or not copycat or sympathetic riots might flare up in New York, but the prevailing calm made me think about the contrasts in the design of these two cities  and how those differences might have played a role in race relations.  Los Angelenos, of course, live in their cars, and one of the flaws with traveling autonomously around suburban sprawl is that segregation becomes absolute. To be blunt, L.A. has rich and middle-class white parts of town, and poor and working-class, black and latino parts of town; and there is no central transportation flow that forces people of different races to coexist at least for the duration of a commute.  This is an important contrast with a place like New York City, where the six-figure executive will ride elbow-elbow on the subway with the janitor; and this kind of systemically imposed interaction is of course the type of benefit urban planners aim for in their proposed designs.

New York Times OpEd by Allison Arieff, points to a contradiction between the use of urbanist lingo by tech giants to describe the virtual world and that industry’s general effect on the real city of San Francisco thus far.  As others have reported, companies like Facebook and Google are famously insular with elaborate, luxury campuses that obviate any need, let alone desire, to leave the office and patronize a local food shop, or more importantly, just be around people who don’t work for Facebook and Google.  San Franciscans have scoffed at the Facebook shuttles that ferry employees to work complete with wi-fi and comfy seating, while “regular residents” take public transportation.  And there’s nothing wrong with these company perks per se, but to echo what Areiff is saying with regard to tech companies now moving into the cities, there is certainly something odd about engineers of “social engagement and connectivity,” who choose not to engage with actual people.

“Tech tenants now fill 22 percent of all occupied office space in San Francisco — and represented a whopping 61 percent of all office leasing in the city last year. But they might as well have stayed in their suburban corporate settings for all the interacting they do with the outside world. The oft-referred-to “serendipitous encounters” that supposedly drive the engine of innovation tend to happen only with others who work for the same company. Which is weird.”

Read the full article at The New York Times.

End Piracy? As if…

Think back to January 18, 2012, the day Internet companies led a blackout (it was more gray really) of  their websites in protest against the dreaded SOPA & PIPA bills.  On that day, Google backed a petition with a slogan that sounded so reasonable.  It said, End Piracy, Not Liberty.  It was classically effective because they could count on anyone who wasn’t paying close attention to the issue — and that would be nearly everybody — to think the message makes sense, that of course, companies like Google want to end piracy as long as the methods don’t threaten liberty.  Who wouldn’t agree with that?

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Of course, Google had no intention of doing a damn thing about piracy, and they knew that millions of people who clicked on that petition two years ago wouldn’t be paying attention to the matter by the morning of January 20th.  And since that day, which has been treated as the web industry’s Alamo and Yorktown in one, Google and friends have steadily promoted piracy, which I believe is the opposite of ending it.  So, I guess what I’m saying is that headline, which drew millions of pavlovian clicks, was unalloyed bullshit.  As mentioned a couple of posts ago, a Google search on the term “movie piracy,” takes you to what is now the top result only because Google wants it to be the top result.  I refer you to the earlier post, but this link will take you to an article written in support of  an anti-copyright, libertarian, Koch-funded organization that just happens to be wonderful for Google’s bottom line.  I don’t care if you hate copyright, this is just a tiny example of how dangerous it can be to have one company presume to “organize the world’s information.”  To serve whom exactly?