- cypherpunks-legacy - lists.cpunks.org

OpinionJournal Subscription
by OpinionJournal Subscription 13 Jun '02

13 Jun '02

1 0

Re: Artist's rights? [was: RE: Sci Journals, authors, internet]
by Ken Brown 13 Jun '02

13 Jun '02

These laws don't really get into cyberpunks territory, because they are about rights that are reserved to the original artist, and cannot be transferred to publishers or distributors or record companies, and can only be possessed by natural persons, not corporations. So (in France, not the USA) a musician or a film directory might be able to sue Time Warner or Sony if they insist on adding watermarks or copy protection to a work, but neither could sue a cypherpunk for taking the watermarks off. In the USA the moral rights, AFAICT, wouldn't apply to the copy or reproduction anyway, only the original. "Trei, Peter" wrote: > As an example, consider the Richard Serra's 'Tilted Arc', a 12 foot > high, 120 foot long, 70 ton slab of rusty (and usually grafitti covered) > steel which blocked the entrance to the main Federal building in > lower Manhatten for several years. After about a zillion complaints, > it was moved, and Serra sued the GSA for $30million, on the grounds > that the piece was "site specific", and that by moving it the GSA had > destroyed it. > > http://www.law.harvard.edu/faculty/martin/art_law/tilted_arc.htm But the important point about that is that the artist lost! According to the website the tried "breach of contract, trademark violations, copyright infringement and the violation of First and Fifth Amendment rights" and lost all of them. So the new law has no real effect other than to give a few days work to some lawyers. [...] > http://www.law.uchicago.edu/Lawecon/WkngPprs_101-25/123.WL.VARA.pdf > discusses the 'Visual Arts Rights Act of 1990, which is highly > relevant to this topic. Thanks for that - I hadn't heard of VARA before. No real reason I should have I suppose, it being in the USA and me not. It seems much more limited than the French moral rights, in that it only applies to unique objects, not to texts or to broadcast or recorded work. According to the commentary in that paper the US experience with VARA seems to agree with what I have read about the French laws (in books and papers trying to explain them to us English, who never had such rules before), in that few actions are taken under it and that they are almost always relatively unknown sculptors objecting to treatment of a work of public art. With the implication that they are doing it more for the publicity than for the damages, which are either never awarded (in the USA) or are tiny (in France). Ken

1 0

RE: Artist's rights? [was: RE: Sci Journals, authors, internet]
by Trei, Peter 13 Jun '02

13 Jun '02

> Ken Brown[SMTP:k.brown@ccs.bbk.ac.uk] wrote: > "Trei, Peter" wrote: > > > As an example, consider the Richard Serra's 'Tilted Arc', a 12 foot > > high, 120 foot long, 70 ton slab of rusty (and usually grafitti covered) > > steel which blocked the entrance to the main Federal building in > > lower Manhatten for several years. After about a zillion complaints, > > it was moved, and Serra sued the GSA for $30million, on the grounds > > that the piece was "site specific", and that by moving it the GSA had > > destroyed it. > > > > http://www.law.harvard.edu/faculty/martin/art_law/tilted_arc.htm > > But the important point about that is that the artist lost! According > to the website the tried "breach of contract, trademark violations, > copyright infringement and the violation of First and Fifth Amendment > rights" and lost all of them. So the new law has no real effect other > than to give a few days work to some lawyers. > > [...] > > > http://www.law.uchicago.edu/Lawecon/WkngPprs_101-25/123.WL.VARA.pdf > > discusses the 'Visual Arts Rights Act of 1990, which is highly > > relevant to this topic. > Serra's work was moved in 1989, about a year before VARA went into effect. I suspect that 'Tilted Arc' affair was one of VARA's motivations (though any legislator who voted for it should have been condemned to have a Serra sculpture placed in front of his house for a year). Peter

1 0

Artist's rights? [was: RE: Sci Journals, authors, internet]
by Trei, Peter 13 Jun '02

13 Jun '02

> From: Mike Rosing[SMTP:eresrch@eskimo.com] > > > On Thu, 13 Jun 2002, Lucky Green wrote: > > > The other half of the shears cutting away at the public's right to > > entertain themselves with the artwork they purchased in any way they > > please is represented by parts of the art culture of significant > > political clout, in particular in Europe. Bills are pending or have > > already passed, that make it illegal for a buyer of a work of art to > > simply dispose of the work, or use it as kindling in his fireplace, once > > he no longer desires to own it. No, you can't just burn that painting > > you bought from some street corner painter five years ago. Though you > > are permitted to give the painting back to the artist. Without > > compensation, of course. > > the american artists are also trying to get this kind of "right" > in place for themselves. The perspective isn't so much copyright > as it is "leave it alone forever". But it amounts to the same thing. > As an example, consider the Richard Serra's 'Tilted Arc', a 12 foot high, 120 foot long, 70 ton slab of rusty (and usually grafitti covered) steel which blocked the entrance to the main Federal building in lower Manhatten for several years. After about a zillion complaints, it was moved, and Serra sued the GSA for $30million, on the grounds that the piece was "site specific", and that by moving it the GSA had destroyed it. http://www.law.harvard.edu/faculty/martin/art_law/tilted_arc.htm I frequently walked by the Arc, and it was a powerful presence, but once it ceased to be a suprise, it was mainly an irritating obstacle. One of Serra's arguments was that the Arc echoed the staircase of a courthouse across the street. I wonder if he'd have sued them for altering that building? http://www.law.uchicago.edu/Lawecon/WkngPprs_101-25/123.WL.VARA.pdf discusses the 'Visual Arts Rights Act of 1990, which is highly relevant to this topic. Peter Trei

1 0

Sci Journals, authors, internet
by Steve Furlong 13 Jun '02

13 Jun '02

On Monday 10 June 2002 22:20, Jim Choate wrote: > On Tue, 11 Jun 2002, Jason Holt wrote: > > copyright issues? Why haven't I seen other papers published on > > usenet and such before going to press? > > ???? This is a joke right? > > Copyright, they want it as the exclusive distributor which they can't > do if it's been published somewhere else. Which is especially impressive since some journals not only wanted the authors to basically give up their copyright but wanted the authors to pay for publication. My experience with scientific journals is more than a few years old. Do any of youse have personal experience with publishing both several years ago and recently? SRF -- Steve Furlong Computer Condottiere Have GNU, Will Travel Vote Idiotarian --- it's easier than thinking

5 4

Are you losing money adv Hluvrgmb
by powerfulllivingsHLWf6＠howamazing.com 13 Jun '02

13 Jun '02

1 0

IFSEC highlights - CCTV
by SourceSecurity.com New Product Reviews 13 Jun '02

13 Jun '02

1 0

WSJ Encrypted Laptop
by mondo96 13 Jun '02

13 Jun '02

ONLY two more days left to christmas Jimbo This sort of stuff will only go on for a few more years until the distributed process and universal namespace sorts of approaches replace the current paradigms. When that happens losing a laptop will mean nothing because it won't have the data 'on it' in the conventional sense. On Sun, 24 Feb 2002, John Young wrote: > We've noted here the rise in "lost" and "stolen" laptops > containing sensitive and classified information. First, > one or two disappeared while a spook was drunk or > was left behind in a taxi or taken from an unidentified > location. > > Then amazing reports of more losses, the number rising > quickly, finally with surveys revealing hundreds of laptops > have been lost by spooks, cops, senior officals, nuclear > labs, state departments, and so on. Now and then encryption > is mentioned. > > We can see that the lost laptop, and its recent corollary, > the discovered laptop, has become as useful for disinformation > as what is being found in newly revealed secret archives > like those reported today in the Wash Post, "Spies, Lies and > the Distortion of History:" > > > http://www.washingtonpost.com/wp-dyn/articles/A55522-2002Feb23.html > > To be sure, the flood of lost laptops both diminishes the > credibility of what is on the laptops and increases it. One way > to increase credibility is to claim files are encrypted. > > What we also know is that encrypted files are now a leading > indicator of credibility, along with the shadowy and enticing > methods used to decrypt by unidentified parties, and to then > carefully distribute the decrypted, authenticated thereby, > if demonized, material. > > Whether there is actually sensitive material in the demonized > files is hard to determine so long as access to the original > files, and a credible account of how they were comeby is > not made available. As with the long history of astonishing > revelations of secrets, lies and videotapes. > > Moving to a related topic, is the use of the Internet for > > leaking and/or psyopping disinformation, in particular > the use of honeypots. > > Cryptome is occasionally charged with being a honeypot, > and it could be, wittingly so if we are succesful in putting > up lurid material to bring in more luridities. A question > though is what information is being gathered by Cryptome > honeypot? The access logs, the pattern and content of > publication, the receipt of hot material, the distribution > of lies and deceptions? And if these are the profits of the > honeypot how is the data collection about them being > done? > > We dream of being able to watch the honeypot harvestors > at work, which accounts for admitting to running a honeypot, > our lost laptop if you will. This hoary rabbit-running practice, > you being the rabbit, as we see here with several practitioners, > carries a Daniel Pearl-like risk. You may well lose your head > to somebody who believes you are a wolf not merely a > headgames-player. > -------------------------------------------------------------------------------- --------------------------------------------------------------------------------

1 0

Re: WSJ Encrypted Laptop
by Jim Choate 13 Jun '02

13 Jun '02

On Sun, 24 Feb 2002, Aimee Farr wrote: > I question how well we correlate strike, protest, subversive > activity/agitation/propaganda, and sabotage/IW inferences these days -- > especially at home, due to domestic constraints. I would think that would > keep a "war room" quite busy with inference scanning. With today's > coordination, it's possible to see shadows of influence, instead of "just > our imagination." Considering the level of inside agents and provocateurs, not only for this sort of stuff but tax evasion and monopolies; pretty damn good I'd guess. Or are you proposing that the FBI agent who provokes an illegal act is also working for somebody besides the FBI? Not likely at the scale you would suggest. Or perhaps you mean that the people in the unions are being infiltraited without the FBI knowing? I suspect that when they run the various background checks they get a clue (assuming they did them and reviewed them). -- ____________________________________________________________________ When I die, I would like to be born again as me. Hugh Hefner ravage(a)ssz.com www.ssz.com jchoate(a)open-forge.org www.open-forge.org --------------------------------------------------------------------

1 0

Re: WSJ Encrypted Laptop
by Jim Choate 13 Jun '02

13 Jun '02

This sort of stuff will only go on for a few more years until the distributed process and universal namespace sorts of approaches replace the current paradigms. When that happens losing a laptop will mean nothing because it won't have the data 'on it' in the conventional sense. On Sun, 24 Feb 2002, John Young wrote: > We've noted here the rise in "lost" and "stolen" laptops > containing sensitive and classified information. First, > one or two disappeared while a spook was drunk or > was left behind in a taxi or taken from an unidentified > location. > > Then amazing reports of more losses, the number rising > quickly, finally with surveys revealing hundreds of laptops > have been lost by spooks, cops, senior officals, nuclear > labs, state departments, and so on. Now and then encryption > is mentioned. > > We can see that the lost laptop, and its recent corollary, > the discovered laptop, has become as useful for disinformation > as what is being found in newly revealed secret archives > like those reported today in the Wash Post, "Spies, Lies and > the Distortion of History:" > > > http://www.washingtonpost.com/wp-dyn/articles/A55522-2002Feb23.html > > To be sure, the flood of lost laptops both diminishes the > credibility of what is on the laptops and increases it. One way > to increase credibility is to claim files are encrypted. > > What we also know is that encrypted files are now a leading > indicator of credibility, along with the shadowy and enticing > methods used to decrypt by unidentified parties, and to then > carefully distribute the decrypted, authenticated thereby, > if demonized, material. > > Whether there is actually sensitive material in the demonized > files is hard to determine so long as access to the original > files, and a credible account of how they were comeby is > not made available. As with the long history of astonishing > revelations of secrets, lies and videotapes. > > Moving to a related topic, is the use of the Internet for > > leaking and/or psyopping disinformation, in particular > the use of honeypots. > > Cryptome is occasionally charged with being a honeypot, > and it could be, wittingly so if we are succesful in putting > up lurid material to bring in more luridities. A question > though is what information is being gathered by Cryptome > honeypot? The access logs, the pattern and content of > publication, the receipt of hot material, the distribution > of lies and deceptions? And if these are the profits of the > honeypot how is the data collection about them being > done? > > We dream of being able to watch the honeypot harvestors > at work, which accounts for admitting to running a honeypot, > our lost laptop if you will. This hoary rabbit-running practice, > you being the rabbit, as we see here with several practitioners, > carries a Daniel Pearl-like risk. You may well lose your head > to somebody who believes you are a wolf not merely a > headgames-player. >

1 0