Okay, peeps… this will probably be my last post, as I have discovered that I just don’t have time to do this anymore. Believe it or not, I actually have a life.
Before I actually get to today’s topic, I just want to point out that this issue reminds me a lot of the case in California where a man, stands in a public place and takes pictures of children and post them on the Internet. This man goes so far as to call himself a pedophile, but has no criminal record, and claims to do nothing illegal. There are entire websites dedicated to crucifying this man for his actions. Never mind that he had never been arrested or had any kind of record for pedophilia, or anything else for that matter. Sure, the guy’s creepy, but that doesn’t give anyone else the right to infringe on his rights because they think he’s creepy. This man violated no law - city, state or federal. Not only did he not violate any laws, the throngs of you trying to lynch him are making it worse for the rest of us. I have a Constitutional right to take photos in public places. I have a Constitutional right to do whatever I want with those photos whether you like it or not. The throngs of you trying to legislate the actions of one man are ruining the right of Free Speech for the rest of us.
From CNN, “There is no law against someone making you feel uncomfortable,” said Laurie Levenson, a former federal prosecutor and a Loyola Law School professor.
A similar swarm is now active on Flickr. It seems that a number of people have posted pictures of their children PUBLICLY on Flickr without limiting access to them to friends and family only. Yes, that’s right, they put their kids pictures out in public, and then expected that everyone would play nice and not take their pictures and use them elsewhere. Hmm… now there’s a problem. I wonder how many children have been assaulted or kidnapped based on photos posted by themselves or their parents on the Internet.
Before anyone gets their hackles all up about whether it’s a public forum or not, ANY site, such as Flickr, Photobucket, Blogspot, WordPress, etc., is a corporate entity provided to the public, sometimes for a fee. Users of those sites merely “rent space” from the provider. You don’t own the space, you don’t own the blog or the photo site. You may own the content, but you do not own the container.
Oh, you own the copyright, you say? Yes, that’s nice. But you put your kids’ pictures on the In-ter-net. By default that means that anybody who can see them can copy them and do whatever they want with them. In some cases you are powerless to do much about it even if you do happen to find them. In this particular instance, children’s pictures are being plucked from Flickr to be posted on Orkut. They’re being modified before they are being posted. In some places, that means that that piece of work no longer belongs to you. It belongs to the new “artist.”
Oh, you think Yahoo/Flickr should do something? Ahh, but the fine print in the agreement where you so quickly clicked ‘Yes, I agree’ said that even though Flickr gives you the tools, they can’t guarantee (a) that you will use them; or (b) that even if you marked your photos private that they will stay that way 100% of the time. Why? Because this is the In-ter-net, and Yahoo/Flickr has tons and tons of lines and servers all over the world and those pesky little bits of data that turn up being your picture travel halfway around the world before they get where they’re supposed to go and sometimes get stuck someplace you didn’t want them to be; or (c) that if someone takes your photo and uses it on another site not run by Yahoo/Flickr, it’s not Flickr’s problem and you need to report the copyright violation to that site.
As I see it, there are 3 main problems here.
- There is an unreasonable expectation of privacy even though none was offered.
- Some people hold the mistaken belief that by posting a copyright notice on anything posted on the Internet will keep other people from using the posted material. Keeping them from getting the information in the first place will keep them from using it. Posting a couple of extra words saying, “this is mine, don’t take it” isn’t going to cut it.
- The flood of computers and Internet access in this country has put technology into the hands of people who don’t know how to use it. I’m sorry if you don’t want to hear that, but it’s true. Most people have no idea just how many of those jokes about stupid computer users that have floated around the Internet and through e-mail boxes are true. Working in the computer industry, I can tell you that it’s plenty.
So, what to do…
First, use your common sense. Would you take a photo of your child and post it on a bulletin board at the mall with the expectation that no one would take or deface it in any way, or worse, come hunting your child to kidnap them? No? Then why is there an expectation that posting it on the Internet is any different? It’s not only different, it’s actually worse! Surprise, people!! The Internet is Global. That means that it goes beyond the boundaries of the United States. People operating outside the boundaries of the U.S. are not governed by our laws. What does this mean to you? It means that they thumb their noses at you while they take that cute picture of your child and post it somewhere else. Nothing will ever happen to them. Oh, and another thing… those of you who put your kids school activity stickers on your car windows with your kids’ names on them are asking for trouble, too. Pedophiles aren’t stupid - all they’d have to do is read your child’s name off the window, wait until you’ve left the kid alone, approach the car and call the kid by name, telling them that you sent them to take little Johnny XYZ place and then disappear down the road. Not plausible you say? Really, how many kids do you think would not respond to someone who knew them by name?
Second, it means that you should fully read any terms of service (TOS) or other service agreements BEFORE you click ‘Yes’ to anything. Ever. If you don’t understand the legal mumbo-jumbo, find someone who does. You won’t regret understanding what you’re agreeing to.
Third, understand that by raising your online sticks and chanting threats on Flickr isn’t going to resolve the problem. Not posting photos of your children or other relatives on the Internet would certainly solve the problem. If you’re in a situation where your photo or other artwork is being used elsewhere without your permission, check the TOS for that site and/or look for their policy on intellectual property. Yahoo/Flickr, for example, has a distinct format for filing claims for improper use of intellectual property. However, as one writer in the Flickr responses noted, you can take down on company, server or site, and 10-20 more will pop up in their place. Just like spammers.
Damn, it would be nice if everyone would just play nice, but that doesn’t happen. In the midst of this issue on Flickr, there is no tolerance for any other point of view other than the crusading posse. Comments to those people who exhibit any kind of common sense are scoffed at, mailbombed or outright deleted. Not only are all of these responses rude, they threaten free speech everywhere. More importantly, it’s sad that people simply cannot tolerate the opinions of others where they disagree.
One more thing - I’m not going to bother moderating this post. Daniel, please behave yourself. I do not know you, I do not live anywhere near you and I don’t particularly care what you do unless you are bothering me. So just stop it already.
Posted in In The News, Other People, blogthings | Tagged copyright infringement, flickr, intellectual property, orkut, yahoo | 1,442 Comments »



After I got home, I showered and cleaned up some e-mail. I don’t download mail to my desktop every day. I check webmail to do basic mailbox cleanup and maintenance and then once or twice a week I download the whole mess to my desktop. So now I’m getting ready for bed. It’s just after midnight and I go into the bathroom to finish my routine - brush teeth, take some Advil for what will likely be some very sore muscles in the morning and realize - with some horror - that I had sprayed Scrubbing Bubbles this morning into the glass I use in my bathroom. And now, I just diluted it with water and drank the Scrubbing Bubbles. Nice. Yes, it crossed my mind this morning to put the glass in the kitchen, but I didn’t do it. I left it on the bathroom counter.
Sooo… I went back to the computer and called the 
While I felt badly about what happened in New Orleans, I had a hard time finding it in my heart to mourn what happened there. Everyone knew that the city was a bowl waiting to be filled and that the levies were unstable. Common sense dictated that if the city started filling with water, that the multi-million dollar pumps would not work submerged. For New Orleans, it was only a matter of time. The Greater Houston area did not have plans in place for evacuation of the city in the event of a Category 5 hurricane, such as Katrina. As could have been predicted following Katrina, chaos ensued during evacuation. Contraflow lanes are not opened until evacuees are at least 30-40 miles outside city limits. The roughly 58,000 people living in Galveston and over 200,000 people living in the waterfront communities were supposed to evacuate at certain times. With the widespread fear and panic, people left when they were good and ready, not when the government wanted them to leave. The plans and procedures developed from the “Lessons Learned” following Rita do not look much better than they did pre-Rita. This isn’t rocket science, and the citizens of the Texas Gulf Coast are being glad-handed about the new and improved evacuation plans the same way as Minnesotans were about the stability of their bridges. As it turns out, the entire country is being glad-handed regarding the safety of our roads, bridges and other government-managed infrastructure.
Last week I was talking to Middle Guy about some other things and he asked if I’d heard Nutcase downstairs about a week earlier. According to Middle Guy, Nutcase was drunk off his ass and was wandering around outside ranting in his boxer shorts. If there’s one thing I do not want to see, it’s a 78-year old guy hanging out of his boxer shorts. Even more fun is that this guy wanders around at all times of the day dressed like this. The other night I got home at 8:30 and he was slinking off around the other side of the building in his jammies.
Today was umm, interesting. I haven’t been feeling myself lately. I’ve been sleeping a lot more than normal - something like 12-18 hours at a time. It’s not that I’m depressed… I actually want to get out of bed, but I can’t drag my body up and out of the fog. In fact, I almost feel like I’ve got mono again. However… I stayed home all day yesterday and slept almost all of it. I didn’t leave the apartment from Saturday night when I got home from my friend’s birthday party at about midnight until Tuesday around 12:30 or 1:00. So as I’m pulling out of my garage, I notice Nutcase standing next to the steps. He’s got a name tag on like he’s working at WalMart as a greeter, but it looks the wrong color. He waved. I waved back. Then he watched me drive down the driveway as if he was never going to see me again. It was weird.
WTF is up with the
I got home late from work one night last week - nothing new there - and caught one of those quickie contest “commercials” from the local Fox TV station where they were giving away tickets to the Astros. I followed the directions and sent my entry in. Less than a week later I was notified that I’d won 4 tickets to the game this Saturday. Yay!!
You can imagine where things sit right now. I have 4 tickets to tomorrow afternoon’s game and no one to go with. Co-worker 1 said they couldn’t stay the whole game and if I had someone who could, they’d bow out. Okay, no problem. I then approached Co-worker 2 about inviting their SO’s friend along. Co-worker 2 slapped themselves in the head and admitted that they’d forgotten to mention it to the SO in the first place and they were going out of town. > 
Spiderman
Lord of the Rings
The new book is due out in 5 days. It will be delivered to my door because I think as a single adult with no children, it’s ridiculous to stand around a bookstore at midnight to be at a party aimed at 12-year old kids. Either way, I get my book on release day, which is better than I can say about other favorite authors of mine.
I’ve spent the last 4-1/2 days working on a friend’s computer. I actually have no way of counting just how many infections this computer had in spite of the fact that the tools I was using would count the infections; however, there are some viruses and spyware that are so prolific that they get counted multiple times. I did finally get rid of them all, but the machine will never be the same.
However, the problem is really the Tigger Factor. In this organization, I’m the only one who can really do what I do, so that means that when there’s a lot to do, I end up staying at work until it gets done or I drop, whichever comes first. Add to this that I have to work against unreasonable processes created by clueless managers. If I were any more like Tigger, I’d climb up a tree and not come down.
