What I’m Reading, March 28, 2014

The Internet, Where Languages Go to Die?, Ross Perlin, Al Jazeera America, March 18, 2014

We’re used to the triumphalist universalism of the digital utopians: Google organizes the world’s information. Facebook connects everyone. Twitter tells you what’s happening. Wikipedia is the encyclopedia that anyone can edit. It’s all true — for a mere 5 percent of the world’s languages.

What few acknowledge is that the online world — when compared with offline, analog diversity — is very nearly a monoculture, an echo chamber where the planet’s few dominant cultures talk among themselves. English, Chinese, Spanish, Arabic and just a handful of other languages dominate digital communication. Thanks to their sheer size and to the powerful official and commercial forces behind them, the populations that speak and write these languages can plug in, develop the necessary tools and assume that their languages will follow them into an ever-expanding range of virtual realms.

Copyright Alliance Attacks ChillingEffects.org As ‘Repugnant,’ Wants DMCA System With No Public Accountability, TechDirt, March 17, 2014

Sandra Aistars of the Copyright Alliance issued a statement during the recent DMCA-related hearing in front of the House Judiciary Committee. As was noted earlier, a bunch of effort was made to turn the “notice and takedown” system into a “notice and stay down” system, and weirdly, the word “free” was thrown about as if it was synonymous with “infringement.”

Her statement details the shortcomings of the DMCA system from the expected position, citing the personal travails of creators like Kathy Wolfe, who for some reason has chosen to spend half her profits battling infringement. In general, it painted a bleak picture for future creativity, claiming that unless infringement is massively curbed, creators will stop creating. (There seems to be no place in this argument about the lowered barriers to entry, and the swell of creation that has enabled.)

But where her statement really goes off the rails (even for the Copyright Alliance) is with the attack on the popular copyright notice clearinghouse, Chilling Effects.

We Shouldn’t Arrest One More Person for Having Marijuana, Dice Raw, Blog of Rights, March 18, 2014

When you look at marijuana arrest data in the U.S., you’ll be floored to know that every 37 seconds, someone gets handcuffed and booked for weed-related crime, and Black people are 3.73 times more likely to be the ones arrested (communities of color have felt this to be true for a long time, and now we have the stats to back us up).

That doesn’t reflect the true voice of the people. In fact, 9 out of 10 adults in the U.S. don’t think a person should face jail time for a small amount weed. In 2010 alone, states spent $3.61 billion enforcing marijuana possession laws, yet many cities also experienced mass school closings that threaten to hinder the progress of our youth.

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A Hobbit by Any Other Name Would Smell Less Infringing

The Asylum is an interesting film production company. On the one hand, I give them props for sheer brazenness. In addition to sharing Sharknado with the world, this is the company that produces direct-to-cable or -DVD films that often bear remarkable resemblances to, and with release dates in close proximity to, major Hollywood films. When I Am Legend came out in 2007, The Asylum released I Am Omega (or I Am Ωmega). (That’s even funnier if you know the Will Smith movie’s predecessor.) Its counterpart to Roland Emmerich’s 2008 film 10,000 BC was entitled 100 Million BC, and apparently had dinosaurs. The Keanu Reeves-led remake of The Day the Earth Stood Still was joined, so to speak, by The Day the Earth Stopped. Right before the Brendan Fraser film Journey to the Center of the Earth came out in theaters, The Asylum released a film starring Greg Evigan (the other one of My Two Dads) entitled…..Journey to the Center of the Earth. I guess there’s plenty of Jules Verne to go around. The list goes on and on.

For the most part, The Asylum seems to have avoided serious legal entanglements with regard to their films’ occasional similarity to movies that get actual theatrical releases. Sony, which distributed the 2011 film Battle: Los Angeles in the rental market, took legal action against the directors of 2010’s Skyline because of similarities between the two films. The Asylum’s Battle of Los Angeles [emphasis added], released just before Battle: Los Angeles, did not have the same legal issues.

You might think that The Asylum would have some major copyright problems, with a movie like The Terminators coming out close to the same time as Terminator Salvation. You can’t copyright an idea, though. This is how movies like Armageddon and Deep Impact can coexist. Continue reading

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All Your Nudes Are Belong to Us: Likeness Rights in the Age of Photoshop

3762597413_d820da2d19During an inadvertent foray onto TMZ’s website, I came across this bit of fun a few months ago:

DO NOT Photoshop Megan Fox’s naked face on another chick’s naked body … and then publish it online … because she will sue the crap out of you — at least that’s the threat she sent to one website this week.

Megan’s legal team fired off the cease and desist letter to a parody website called Celebrity Jihad — after the site published a shockingly good Photoshopped pic last week, depicting Megan’s face on a naked chick’s body.

I’d be curious to hear a fair use argument for the doctored photo, but copyright law does not seem to enter into the discussion here. It’s hard to know what legal arguments were raised, because all the coverage comes from mouth-breathing websites like TMZ and Perez Hilton. Anyway, the website that posted the pictures was not nearly terribly clever in its reply:

A rep for Celebrity Jihad tells TMZ … “While we appreciate Megan Fox’s concern for her image, we find it hard to believe that a woman who spent two Transformers movies bent over with her breasts pressed together could have her reputation damaged by a blatantly satirical website.”

See, Megan Fox slutted it up in two Michael Bay movies, so how could she complain about some hack website sticking her face on someone else’s naked body, amirite??? (That’s my interpretation of their argument, anyway.)

(If you want to see the picture, you’ll have to Google it yourself. I already feel bad enough for linking to TMZ, although I tagged it “nofollow.”) Continue reading

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SXSW 2013 Diary, Day 2 (March 9, 2013)

[Typed on an iPad with minimal proofreading.] Since it was a Saturday, I could use my fiancee’s parking pass downtown. No bus for me!

I almost immediately regretted trying to drive downtown. I got one of the last parking spaces on the roof of the garage, which I only obtained after a lengthy process of abruptly stopping to avoid rear-ending the driversnwho seem to think that you must close every 10-foot gap between you and the car in front of you at 20 mph or more.

Te first session I attended was entitled Tweets from the DMZ: Social Media in North Korea with Jean H. Lee, AP Bureau Chief for North Korea. While there was some interesting “slice of life” information about a Seoul-based journalist’s regular trips to North Korea, it mostly consisted, quite literally, of screenshots of tweets she has sent. I learned some interesting stuff, though. She said that the regime never stops her from taking pictures, but they always know what she is doing. They try to make sure she is “respectful” to her subjects more than almost anything else. South Korea has very strict limits on access to online material from the north. It is apparently illegal in South Korea to access North Korean websites, and the government has a strict firewall in place. It is illegal even to retweet something from North Korea. People in South Korea, she said, must be careful even following people in North Korea. North Korea has a few government-run sites, including Flickr, Twitter, and Instagram. The main goals of these government-run social media sites are propaganda, getting pictures of the leader out, etc. One person, during questions, basically suggested that she was a dupe of Pyongyang, doing their bidding by presenting their side of things, but she disputed this. He even suggested that North Korean agents might be in the room keeping eyes on her. She responding by inviting any North Koreans in the room to stand up and say hello. No one did, and I decided that would be a good time to leave.

Last year, I met some interesting people in the Samsung Blogger’s Lounge, so I headed there next. Let me try to be charitable here……while I recall that they used the room last year both to give bloggers a place to work and socialize and to do webcasts of interviews with people who are “buzzing” at SXSW, this year the interviews were harder to ignore. Impossible to ignore, actually. The host of these interviews is probably a very nice person, but her style is, I dare say, not suited to any room where anyone is expected to pay attention to anyone except her. She’s bubbly, goofy, and loud, is all I’m saying. I was able to finish my Day 1 blog entry, but couldn’t hold a conversation with anyone for long.

I hesitated to attend the next panel, for pretty basic social reasons of taboo and embarrassment. I’m glad I did, because it was one of the best sessions I’ve attended at any conference, ever. Not just because the presenter, Cindy Gallop, has an awesome British accent. The session was entitled The Future of Porn, and the line to get in extended out of the ballroom quite a long way. (She noted that nearly everything she was going to say in her talk could be a double entendre, andit was good to get that out of the way.) This was not a discussion of smut per se. In fact, she maintains that the sites she created, MakeLoveNotPorn.com and MakeLoveNotPorn.tv, are not porn, but “real world sex.” I’m just going to paste some things from my notes (shout-out to Evernote here):

  • What happens when you combine easy access to porn online with societal reluctance to discuss sex at all?
  • MakeLoveNotPorn compares porn world to real world. Led to TED Talk in 2009.
  • Not anti-porn. Issue is lack of honest conversation about sex in the real world.
  • Social media platforms generally won’t deal with sex. She wants to “socialize sex.” Launched MakeLoveNotPorn.tv, where people can submit their own videos of real sex. Site is curated, so it’s not like YouPorn. $5 submission/curation fee, $5 rental fee for 3 weeks unlimited viewing, 50% of revenue shared with submitters. The “Etsy of Sexy.”
  • Not porn, not “amateur.” They are #realworldsex. Community tells them what real world sex is.
  • Real world sex is funny, while porn sex is “earnest.” Sexual equivalent of “America’s Funniest Home Videos”
  • Real world sex is messy. Porn is “clean,” i.e. hairless, and you never see lube. No sex during periods [Ed. note: no judgment here. Whatever floats your boat.].
  • Real world sex is responsible. Porn either doesn’t have condoms, or they magically appear. More condom use if it seems sexy.
  • “Lazy person sex” – after long day, really tired, but horny. Don’t want to lift a finger to get off. No representation of that in porn or other media.
  • Thumbnails & copy are all SFW, so no one has to slam down the laptop when someone walks by.
  • You can make personalized playlists, send them to people. Lets you tell people what you like w/o awkward conversations [Ed. Note: I don’t get how this is less awkward than talking, necessarily, but what do I know?].
  • Could be the “Kinsey of today.” Had to design in-system scoring that is easy to use and one-handed. You hit the space bar to say “yes!”
  • Porn industry has been supportive. Gen Y in porn has reached out to her (entrepreneurial, ambitious, want to be part of the “new world order” of things.)
  • They’re not competing with porn. Most porn labeled “amateur” isn’t.
  • One viewer told her “Porn makes me want to jerk off. Your videos make me want to have sex.”
  • No bank in the U.S. will work with her because “porn” is in the name. No mainstream payment processor would work with her. Finally got PayPal challenger Douala (?) on board, had to go with a European bank and payment processor.
  • Porn is falling prey to the same dynamics as the music and publishing industries. Businesses play it safe by doing what everyone else is doing. Porn’s way of dealing with it is more controversial.
  • ***”It’s not that porn degrades women. It’s that business degrades porn” Pushing any business into the shadows enables bad things to happen. She’s trying to change the world through sex, make sex better for everybody. Business world is trying to stop her. She says the business world is driven by men who believe men are their target audience. She listed women entrepreneurs who are doing great work (Nina Hartley, etc.) “Women challenge the status quo because we are never ‘it.'”
  • She listed a few other products or sites she felt were worth mentioning:
  • Vibease – device for couples in LTRs.
    Offbeatr – website for sex projects
    They Fit – custom-made condoms, no FDA approval in the US
    Bang with Friends – launched about a month ago.

  • Average age of first seeing hardcore porn online today is 8. They don’t necessarily go looking for it.
  • Less than 5% of parents, she says, ever talk to their kids about sex. The talk has changed, as it needs to include discussion of what shows up in porn.
  • Legalities: 2 forms of ID, “no children, no poop, no animals.” Brought in adult industry lawyers to help.
  • Protecting privacy and IP: members-only site, no way to guarantee no piracy, though. They review everything submitted to the site before posting it. They remove videos on request if a couple breaks up.
  • Finance: adult industry-specific companies, payment processors, etc. She wants business partners who get their mission. AI-specific processors think they’re just porn, have extortionate rates. Even they though MLNP was too risky. Company like Manwin has $$$, has easier time with banking.
  • None of their videos have an “extraneous” cameraman. Spouse might record other spouse, or person might use webcam.
  • Difference between porn and sex ed. Teachers have asked to use MLNP dot com in their sex ed classes. So few people are willing to stand up for these issues, that everyone wants Cindy to do all of it.

A couple of questions stood out. Someone eventually asked if Cindy appears in any of the videos on her site. Less predictably, the questioner was a woman, and the question was asked very earnestly (as opposed to a pervy manner). A mother of teenagers got up and described how her kids have used the family computer to access adult content. She is worried about the false impressions they will get about sex, and so asked about how to use the MNLP video site to give her kids access to more realistic, perhaps even “educational” material. Mom of the Year? Quite possibly.

I could write for weeks about everything I think is wrong in the way we deal with the issue of sex. It’s prety screwed up in most of the world, but I’ll focus on the U.S. Her opening statement summed it up very well, though: we have unprecedented access to “adult” material, and not just through porn, but through an overall sexualization in our culture. At the same time, we still lack almost any ability to discuss it like rational adults, and we still attach ridiculous forms of stigma to people regarding sex. This applies to people who have sex a lot (cf. Sasha Grey), people who don’t have it at all (cf. Lolo Jones), and everything in between. And that’s only covering the conventionally-attractive young white woman demographic. Don’t get me started.

I went to a 15-minute session on copyright law after that. Blah blah fair use and so on. Then I went home to assemble more IKEA furniture.

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SXSW Diary, Day Five

Travis County Courthouse

Nothing remotely related to SXSW was going on in the building today

I began the last day of the Interactive festival in just the way that anyone trying to leave their law career behind would like to begin it. By going to court.

I also had a rather inauspicious beginning to the day due to an unfortunate goof. Since I spent the weekend at a sleepover of sorts, I had not had an opportunity to “spring forward” with any of the clocks at home. When I got home last night, tired from a day of learning and growing as a person, the time change of the previous day was the farthest thing from my mind.

When my alarm clock went off at 7:00 a.m., affording me a whole two hours to wake up, shower, remember how to tie a tie, and get my butt to the courthouse, I did not realize it was actually 8:00 a.m. For once, I’m glad I have this compulsive need to wake up earlier than is strictly necessary. Rather than make it to the courthouse with around 30 minutes to spare. I arrived with around 3 extra minutes. The simple fact that I arrived on time should be cause for a damn parade, but I still don’t see any bunting.

Miraculously, I was in an out of court in record time, arriving at just short of 9:15 a.m. and adjourning just after 9:30. With the catastrophic traffic, I was parking near the Convention Center by about 10:15, and comically changing clothes in the car. Luckily, no one walked by to see the show.

Since I had just been reminded that I am a lawyer…

I got in just in time for a CLE presentation, which I decided I should attend because hey! CLE credit!

I went to two CLE sessions, which I will delve into on my law blog:

The Sweetness plays the Samsung Bloggers' LoungeBack to the Lounge!!!

I could tell I was burning out on panels, almost for good, as I fled the CLE room ahead of a panel on something like “Maximizing Revenues from Film.” You would think I could want to hear that, but I felt like just talking to people.

Once again, the bloggers’ lounge proved to be a great place to get free food and meet people. I met a fellow legal ghost-blogger. An interesting band called the Sweetness played, and then they kicked us out at 4:00 p.m., a couple hours earlier than on previous days.

SXSW NSFW

To cap off the conference, I headed with a friend to a session at the Sheraton Hotel. Thus involved a rather comical search for a Car2Go and a ponderous drive through absurd amounts of traffic. Our destination? A session titled “This Talk Is NSFW: Nudity and Online Journalism.” Thanks to traffic, we missed the first half, and I’m not sure I ever quite picked up the thread of the discussion.

As we walked in, the speaker, Keith Plocek, the Director of Web Content and Traffic at Village Voice Media, was showing slides of people in various states of undress and asking people to vote on whether they thought the image was “NSFW.” The issue was when a newspaper or other news source should tag an article or picture as NSFW. The general rule relates to context, but it can also be quite political. Whether or not to tag a picture, he said, largely depends on who is being sexy in the picture. Pictures that seem “gay” are much more likely to get tagged. Using the NSFW tag is a great way to get traffic, but it will get you angry comments if it’s too tame. You don’t want to deceive your readers about this issue, silly as it may seem, because that erodes your overall credibility.

He also talked about the importance of “covering” events as opposed to “pandering.” “Pandering” would be putting a naked woman somewhere and taking pictures, as opposed to covering a porn convention already in progress. He showed photos of the World Naked Bike Ride in Los Angeles from a few years ago. He said the page got about 800,000 views when they posted it, and then it leveled off. The page got even more hits the following year, in anticipation of the next ride, and now it’s up to about 2.5 million hits. Obviously, the NSFW tag gets attention.

They have to make some editorial decisions about what to cover, though, so they don’t over-use the tag. For example, they cannot cover every burlesque event in the city.

One question from the audience was about violent content. The NSFW can be used for violent content as well as sexual content. Apparently there is another tag, NSFL (“not safe for life” or “not safe for lunch”), used for particularly disturbing violent content. People tend to have certain expectations when they click on a link tagged “NSFW,” i.e. boobs. Don’t show them something really gross if they are expecting boobs.

And that’s all she wrote…

I wanted to go to the party thrown by the Electronic Frontier Foundation, but by the time I got home, I knew that is where I’d be staying.

Tomorrow, I catch up on work.

Thursday, music…

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SXSW Diary, Day Four

We are now more than halfway through the excitement! Part of me is sad to think it will be over soon. The entire rest of me is exhausted, and slightly annoyed at that other part for continuing to make it do stuff.

The day was foggyThe day started out cold and foggy. It abruptly turned warm and sunny mid-morning, but this was not an inspiring way to start the day.

Not that my dietary habits are of any particular interest, but I had an awesome breakfast at Kerbey Lane, followed by some aimless wandering. I have been on vacation in my own town for the past few days, but today I must return to my actual house because of some real-world obligations, alas.

Copyright trolls

The first session I attended was “The Undoing of Copyright Trolls” (#UndoTrolls on Twitter), by Robert A. Spanner of the Trial & Technology Law Group. Since this was the only explicitly legal session I’ve been to so far, I’m going to put it on my law blog.

Game of Thrones geek-out

Perhaps the most anticipated (by me) event of the whole conference was the Game of Thrones meetup in Palm Park around 11:00 a.m. For those of you who do not know what Game of Thrones is, I have to ask, like I asked the people who’d never heard of “Firefly,” what are you doing here???

Moving on, Game of Thrones is the first book of the epic fantasy series A Song of Ice and Fire by George R.R. Martin. It is also a television series on HBO, starting its second season (roughly corresponding to the second book) on April 1.

The meetup was just a chance for fans of the books/show to hang out, talk about the books or show, avoid spoilers, and so on. It was great, after several days of feeling intimidated by my lack of technical know-how and slightly overwhelmed by the sheer volume of my own aspirations as a writer, to meet some like-minded people in an area that is more geeky than nerdy. I speak geek far better than I speak nerd. I happen to have strong opinions on the fundamental difference between “geeks” and “nerds.” That’s for another post, though.

So anyway, I met some awesome folks, found inspiration, learned a few new Westeros conspiracy theories, and fun was had by all.

Robert Rodriguez at SXSWChillin’

After hanging out with same Game of Thrones fan friends for an hour or so, I decided to wander again. I’m honestly a bit burned out on panels and sessions. I would rather hang out and meet interesting people. After grabbing a sandwich and charging my phone, I decided to head back to the Samsung Bloggers’ Lounge. I actually found a seat and once again met interesting writer types.

Since the whole raison d’être of this conference is to meet people, that seemed like the best use of my time. Another enticing feature of SXSW is chance celebrity sightings and surprise apearances. As I sat in the lounge writing and chatting, the person next to me excitedly noted that Robert Rodriguez was sitting on the stage. Turns out he was there for a live interview with “What’s Trending,” a web series or something. I have now achieved my obligation to see a famous person.

Actually, I’m pretty sure I saw Rob Riggle walking around Saturday, although his badge had someone else’s name on it. When I stood in line to get my badge on Friday, I stood next to someone I call not-Ben-Affleck. This is because I determined that he was not, in fact, Ben Affleck.

There was also a musician named Daria Musk who apparently built a following on Google+ and plays “hangout concerts.” She played on the stage for a little while and broadcast it (is that the word?) on Google+. I’m not entirely sold on the concept yet. It might have been the song title “+1 Me.”

On an unrelated note, I missed a panel the other day that sounded interesting, “Sex Nets: Pickup Artists vs. Feminists.” There were not as many fireworks as one might expect with those two groups thrown together, but I was more interested in hearing what people had to say. Panel participant Amanda Marcotte has a write-up of how the panel went. Worth a look.

Photo credit: ‘The day was foggy,’ ‘Robert Rodriguez at SXSW’ by wondermutt, on Flickr.

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