Friday, April 13, 2007

Violinist in the subway

from Seth's Blog by Seth Godin I got more mail about this story in the Washington Post than any other non-blog topic ever. I saw it when it first came out, but didn't blog it because I thought the lesson was pretty obvious to my readers. [World-class violinist plays for hours in a subway station, almost no one stops to listen]. The experiment just proved what we already know about context, permission and worldview. If your worldview is that music in the subway isn't worth your time, you're not going to notice when the music is better than usual (or when a famous violinist is playing). It doesn't match the story you tell yourself, so you ignore it. Without permission to get through to you, the marketer/violinist is invisible. But why all the mail? (And the Post got plenty too). Answer: I think it's because people realized that if they had been there, they would have done the same thing. And it bothers us. It bothers us that we're so overwhelmed by the din of our lives that we've created a worldview that requires us to ignore the outside world, most of the time, even when we suffer because of it. It made me feel a little smaller, knowing that something so beautiful was ignored because the marketers among us have created so much noise and so little trust. I don't think the answer is to yell louder. Instead, I think we have an opportunity to create beauty and genius and insight and offer it in ways that train people to maybe, just maybe, loosen up those worldviews and begin the trust.

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flowers on exhibit

View full View full View full Book: Glimpses of Heaven (by Augustine Fou)

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"The Intruder". A Stunning Mobile Phone Concept

from textually.org by emily Spotted on SCIFI.com, the most stunning concept phone designed by Dennis Hopkins, called The Intruder.

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Perfect 10 v. CCBill: “direct financial benefit” means infringing material must draw users, says Ninth Circuit

(Source: http://blogs.zdnet.com/Howell/?p=119) Posted by Denise Howell @ 1:51 am April 13th, 2007 Late last month, the Ninth Circuit Court of Appeals came out with an important decision, Perfect 10 v. CCBill (PDF), that required it to interpret and apply both the Digital Millenium Copyright Act and Section 230 of the Communications Decency Act — two of the most important U.S. provisions governing conduct on the Live Web. Jason Schultz, Professor Goldman, and Joe Gratz all have good summaries of the details. First, see Jason's rundown of the parties and facts of the case: Background: Perfect 10 publishes adult entertainment magazines and websites. Many third-party websites post Perfect 10 images without permission. CCBill et al provide hosting and credit card services to those sites. Perfect 10 sued CCBill et al. for assisting in the infringement of their copyrights and associated state claims, such as violating the rights of publicity of Perfect 10 models. CCBill raised, among other defenses, the DMCA Safe Harbors and Section 230 of the CDA. Next, there's a lot of meat to the opinion and I encourage you to check out all three of the discussions linked above. But the most interesting part of the decision to me, particularly in the context of the pending Viacom v. YouTube suit, is the court's take on what constitutes a "direct financial benefit" sufficient to preclude a defendant's successful invocation of the DMCA's safe harbor language. Once again from Jason: The Court held that a provider falls outside the protections of 512(c) if they receive "direct financial benefit" from infringing conduct, and that this term should be interpreted consistent with the "similarly-worded common law standard for vicarious copyright liability." The Court then went on to state that the relevant inquiry was "whether the infringing activity constitutes a draw for subscribers, not just an added benefit." Since CWIE (the hosting co-defendant) hosted sites for a fee unrelated to the amount of infringing material, the court found this did not qualify as a direct financial benefit. The "direct financial benefit" exemption is one of the most crucial legal points at issue in Viacom v. YouTube, and here we have the Ninth Circuit saying that if the presence of infringing material is merely an "added benefit" and not a primary draw, a defendant should be immune under the DMCA from liability for the infringing acts of others. As a practical matter, this requires parties and courts to classify and quantify the role of the infringing material, and thus imports a Sony v. Universal/substantial noninfringing use-esque anlaysis into interpreting and applying the DMCA. Advantage YouTube/Google — though the Second Circuit (where Viacom v. YouTube is pending) is well known for departing from the reasoning of the Ninth. There's much more to tease out of the decision. Professor Goldman wraps it up as follows: This Ninth Circuit panel clearly understood the dangers that copyright and publicity rights lawsuits pose to Internet intermediaries, and they took a number of useful steps to push back on a very aggressive plaintiff's novel but expansive theories. Kudos to them. But with two other Perfect 10 cases pending with the Ninth Circuit, I strongly suspect that the most interesting and powerful aspects of this ruling soon will be reshaped by the subsequent opinions. http://lawgeek.typepad.com/lawgeek/2007/03/perfect_10_v_cc.html http://blog.ericgoldman.org/archives/2007/03/ninth_circuit_o.htm http://www.joegratz.net/archives/2007/03/30/more-on-perfect-10-v-ccbill/ http://www4.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000512----000-.html http://en.wikipedia.org/wiki/Section_230_of_the_Communications_Decency_Act http://en.wikipedia.org/wiki/Sony_Corp._v._Universal_City_Studios

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Virginia Tech Supercomputer Built from 1,100 Apple G5

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