Sunday, June 29, 2008

Weasal Lawyering on Copyrights at The Union?


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The Union newspaper recently removed a photo of mine which I had copyrighted, both very lightly in the image area, and in the file area reserved for such purposes. I had noted with joy in their section on the "new Website" that while huckstering their own staff images via prints available, they had made it clear that the submitted readers photos were, "available for the readers' viewing pleasure," which I assumed meant that the copyrights of the submitters were being respected.

When the photo was removed, Zuri Berry sent me a link to the website where the legalese "weaselese" is stored. There I read the following:

" 5. Proprietary Rights in Content
By displaying or posting any messages, text, files, images, photos, video, sounds, profiles, works of authorship, or any other materials (collectively, "Content") on or through the Services, you hereby grant us, a non-exclusive, fully-paid and royalty-free, worldwide license (with the right to sublicense through unlimited levels of sublicenses) to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, and distribute such Content on and through the Services. This license will terminate when you remove such Content from the Services. Notwithstanding the foregoing, a back-up or residual copy of the Content posted by you may remain on back-up servers after you have removed the Content from the Services, and we retain the rights to those copies. You represent and warrant that: (i) you own the Content posted by you or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owed to any person by reason of any Content posted by you."

Note very carefully the following weasel mode:

"This license will terminate when you remove such Content from the Services. Notwithstanding the foregoing, a back-up or residual copy of the Content posted by you may remain on back-up servers after you have removed the Content from the Services, and we retain the rights to those copies. "

The first part of the state sounds like you get to retain your copyrights, as long as you remove it from the services. While the right hand giveth, the left immediately takes it away, in the final clause. For all practical purposes, they retain the copyrights under all circumstances. They make it sound like it is "just a backup" but the way it reads, they retain the rights.

This sucks.

BTW, all my other submitted photos had the visual copyrights posted on them, and never caused a problem. Could their be a problem with the content, a tiedyed hippydude flashing the "V" signs against a backdrop of the American flag?

Here is The Union copyright link:

http://apps.theunion.com/utils/uiincludes/termsofuse.php.







Thursday, June 26, 2008

Mortgage Blowup? The Dems Fault?

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I do most of my writing these days at The Union, our local paper. (www.theunion.com)

One of our pesky Ryghtys declared that the mortgage crisis was caused by the Dems in Congress since 2006, so I responded as follows:

Mortgage blowup? The seeds were sown and fertilized and tended with great enthusiasm by large and small businesses, and a Republican government that wanted a county to think that it could pay for a greedy war and that Peak Oil would never come.

Bush and Ryghtys estimates of possible barrels of oil at prices below $4/ gallon are as accurate as Bush's assessment of WMD. It ain't there folks, not even at $9.11/gallon, which will be Bush's and the Republicans real legacy from the years of 2001 - 2006, when the foundations were laid, and so was America. History will call it rape.

Sunday, June 08, 2008

The Civil War Revisited: Elections, 2008

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I think that phrase sums it all up. And, like last time, there will be blood. I will probably put more into this election than I put into all other elections and protests combined, even though California should handily go to Barack Obama.

Thursday, June 05, 2008

End Iraq How? Brown, Barack Now!

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This is a slogan for those of us in the 4th Congressional District of the Great State of Californeya. Charlie Brown is running against Tom McClintock, a Ryght WingTipper Dipper if there ever was one. He maintained a residence in Southern California where his District was, while moving his home and family permanently to easy driving distance to Sacramento, the state capitol. He has since collected $300,000 for living "so far away," ($170/day) while cutting veterans benefits, and he lies with every campaign mailer he produces. Guided by God? I think not.

Charlie Brown is giving 5% of his campaign money to veterans groups, has a son in Iraq, and is retired from the Air Force himself, and has been a school teacher.

"You're a Good Man, Charlie Brown!"

You all know Barack, and I'm glad to see my Barack Effect come alive so quickly in the Black Community. If you recall one of my arguments for him was that it would lift test scores in inner city schools without spending a dime. I saw evidence of uplifted spirits in kids and adults alike throughout all communities on TV last night. Now we will have a country we can all be proud of, regardless of who wins in November, but I have no doubt that Obama will sweep, and racists will weep, the few that are still around.