Actually it does. It involves making use of a copy that is not the original. Fair use is about experiencing media for sake of dialog (criticism or parody) or for edification. That means someone is reading the book or watching the movie, or using it for transformative art or science.
AI training should qualify for fair use.
Cranky enough to demand satisfaction (in the courts if not the dueling field), but no one in the company will think their own ire warrants empathy for those from whom they pirate.
It’s even more okay when the bourgeoisie does it in the interest of potential profit gain.
We Americans commit (more or less) three felonies a day. It used to be at least three felonies a day when violation of a website’s TOS was a violation of the CFAA (which can land you 25 years). If you’re a little girl, the DA is probably not going to prosecute, even if you were naughty and downloaded a song illegally.
But here’s the thing: Officials (especially sheriffs lately, and their deputies) are big in coveting your land and your wife and your other liquidatable assets. Heck, if you have some loose cash lying around, all of US law enforcement is already looking to find it, locate it and confiscate it via asset forfeiture and if you get in the way of their prize, well they’re sheepdogs, and you’re now a designated wolf.
And so anything you do that might be even slightly illegal is useful to make a case before a judge why you should spend the next 10 / 25 / 75 years locked up in Rikers or Sing Sing. Even if it’s a petty violation of the CFAA, or is so vague they have to invoke conspiracy or espionage laws, which are so intentionally broad and vague that everyone is already guilty of them.
Typically, these kinds of laws are used when a company or industry wants to disappear someone into the justice system. The go to example is the Kim Dotcom raid, which happened January 18, 2012, conspicuously on the same day as the Wikipedia Blackout protesting against SOPA / PIPA (PS: They’re still wanting to lock down the internet, which is why they want to kill Section 230).
Kim Dotcom was hanging in his stately manor in New Zealand when US ICE agents raided his home with representatives of the MPAA and RIAA standing by. He was accused of a shotgun of US law violations, including conspiracy and CFAA violations. The gist of the volley of accusations was that he was enabling mass piracy of assets by big media companies, hence the dudes in suits from the trade orgs. His company MEGAupload hosted a lot of copyrighted content.
Curiously – and this informs why Dotcom is still in New Zealand – MEGAupload had been cooperating with US law enforcement in their own efforts to stop pirates, and piracy rates actually climbed after the shutdown. Similarly, when Backpage was shut down for human trafficking charges (resulting in acquittal, later), human trafficking rates would climb as the victims were forced back to the streets.
(But Then – and this does get into speculation because we don’t have docs, just a lot of evidence – Dotcom had just secured a bunch of deals with hip hop artists and was going to use MEGAupload as a music distribution service that would get singles out for free and promote tours, and the RIAA really did not like this one bit which may be the actual cause of the Dotcom raid, but we can’t absolutely say. The media industry really hates pirates even though they know they’re not that much of a threat, but legitimate competition might be actual cause to send mercenaries in the color of US law enforcement to a foreign nation to raid the home of a rich dude.)
What we can say is US law enforcement will make shit up to lock you away if someone with power thinks you have something it wants, and you might object to them taking it, and they have a long history of just searching people’s histories (online and off) to find something for which to disappear them into the federal and state penal systems. After all, the US has more people (per capita or total) in prison than any other nation in the world, and so it’s easy to get lost in there.
So yeah, you absolutely have secrets to hide.
Which means finding a personal purpose for using the spark radio, that way it remains a side-effect.
Might me time for some electrical experiments.
Exactly as per the label in 2016, the biblical themes and involvement of children were too spicy for the App Store, and the folks in Apple weren’t allowed to think outside their box, so it was rejected.
Even now, Apple is fighting gunpower and gelatine to sabotage all efforts to allow side-loads and stores they cannot control.
It begins with Apple’s petty reasons to prohibit The Binding of Isaac from the Apple store.
LLMs are less magical than upper management wants them to be, which is to say they won’t replace the creative staff that makes art and copy and movie scripts, but they are useful as a tool for those creatives to do their thing. The scary thing was not that LLMs can take tons of examples and create a Simpsons version of Cortana, but that our business leaders are super eager to replace their work staff with the slightest promise of automation.
But yes, LLMs are figuring in advancements of science and engineering, including treatments for Alzheimer’s and diabetes. So it’s not just a parlor trick, rather one that has different useful applications that were originally sold to us.
The power problem (LLMs take a lot of power) remains an issue.
One can only hope. Copyright has, for a long time been wrongdoing against the public by denying it a robust public domain. We should have free access to ideas less than a century old.
This reveals, nonetheless, even European government is about control, not governance, enforcement of established hierarchy, not civil rights for all.
Here in the US, there are no progressive legislative bodies. The Democratic party treats its progressive members as the red-haired stepchildren who have to dine at their own table.
Here.. Article I, Section 8, Clause 8.
[the United States Congress shall have power] To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.
The whole point of IP laws (according to the Constitution of the United States) is to develop a robust public domain. Every registered idea, multiplied by every limited rights extention is a violation of public interest and public rights.
By burying or failing to preserve content, they are in fact stealing from the public, since we won’t be able to access it when it is our right.
Due to its mode of operation, the court considered the software to be “specifically intended for criminals”
Crime is an action a state doesn’t like, not necessarily wrong or evil, but serves interests other than the state. If the state has to authorize everything, then the state is favoring dominance over governance.
When the state has to monitor all transactions it is tyranny.
I know you can get ID deets here, but I don’t know any service that turns it into a facsimile of a state ID card.
Media piracy is in the tradition of oyster piracy (stealing from landlords trying to control the oyster market) and the golden age (robbing the Spanish silver train that was exploiting the nations of the new world) in that it’s crime against unreasonable state regimes.
This is not to say underground media sharing has always had the moral high-ground, and it’s not even to say that fair copyright laws are unreasonable, but since the mid 20th century (since Disney, essentially) intellectual property law has not served the public in a community effort to build a robust public domain of ideas and content, rather has been used to do the opposite, to favor established businesses over new ones with complete disregard for the public.
But then there’s the technological matter, where DRM is used to obstruct of sharing (reasonable or otherwise, legal or otherwise). Here in the states it’s legal to use DRM to obstruct legal backups and sharing, but it’s not legal to bypass DRM to facilitate legal backups and sharing. It shows us that our regulatory agencies are captured, that our government serves rich companies and plutocrats rather than the public. The law runs contrary to the social contract.
We are in an age in which our language (English) only has words for wrongdoing that acknowledges two authorities: Sin (wrongness against the Church – allegedly against God) and Crime (wrongness against the state, in accordance to what laws are enforced by a legal system). When we talk about other entities that can be wrong, say, individuals, the community, the world population, ecosystems outside of human society, we have to make do with the words we have, e.g. sin against nature, crimes against humanity, and so on.
Intellectual property law is a construct that (according to the Constitution of the United States) was intended to do a thing that it has totally failed at, going as far as creating perverse incentives to misuse the law. And given the companies that produce the media we might pirate are poor at compensating artists and developers, or at recognizing licenses already established (say, your DVD copy of Ghostbusters when the new medium emerges), given they pirate each other’s content shamelessly, and will steal yours outright if you can’t outspend them in court, it has actually become more ethical to pirate content than to buy it legitimately.
But I’d teach my kids not just to pirate, but to recognize shoddy work from good work, and to not consume at all when they can, since consuming content benefits its producers, whether or not it’s acquired legally. (The MCU is about hero-team organizations who defend the status quo from all enemies, including the far left, and including those who want the human species to have a future. So they’re not really our heroes, are they? Batman runs around and beats up poor people, leaving the wealthy to continue to rule over the rest of us whose last resort is crime.
If we’re going to consume content, let’s use it to inspire the content we make ourselves, until commercial content is entirely unwanted and unnecessary. This is the future the MPAA and RIAA fear. Not everyone pirating their stuff, but everyone not bothered to pirate their stuff.
Edit: Clarification
This may be the first time a federal ruling has been made but I don’t know if it applies to state crimes. Many counties across the nation have ruled one way or another.
SCOTUS once ruled law enforcemeny cannot compel you to unlock a device at all and cannot access your phone without a warrant, but I don’t know if that is current. Police can legally lie to you (and beat you with a $5 wrench and pronably get away with it in court).
They also have strong phone cracking packages despite FBI’s lament about evidence locked away in seized devices.
Generally, do not consent to searches or cooperate without a lawyer present. Expect everything an officer tells you is intended to mislead. They will even lie in court to the judge.
In the States police can bust you on false charges and it will typically (but not always) fly in court.
They also have strong phone cracking software, despite what FBI says about piles of evidence locked away in phones.
What terrifies me is AG and DG from the Daily Beans seemed to celebrate it.
The neolibs are not on the side of the public.
They’re spoiled from selling you the same movies over and over again whenever a new medium becomes normalized, despite all your previous licenses. Then they complain when your media breaks or you want to share with your best friend.
They want your money for not doing anything new.
Until we can find a better way to enforce civil liberties, the striking of illegally obtained evidence in the prosecution of terrible criminals is necessary. That they get to walk free is the point first as a penalty to the state (that now a monster remains at large) and second as a penalty to the public for allowing the state to let its agents abuse their power.
If neonazis and terrorists aren’t protected by our Bill of Rights, then you aren’t either. And it informs how the massive extrajudicial surveillance state got formed in the first place, as the US state believes national security (in all its ambiguity) is valued more than American lives.