September 2024 - cypherpunks - lists.cpunks.org

Fwd: United States: Russian State-Sponsored TV Network's Attempt To Dismiss Copyright Lawsuit On Fair Use Grounds Denied
by Gunnar Larson 09 Oct '24

09 Oct '24

---------- Forwarded message --------- From: Gunnar Larson <g(a)xny.io> Date: Sun, Jul 14, 2024, 2:11 AM Subject: Fwd: United States: Russian State-Sponsored TV Network's Attempt To Dismiss Copyright Lawsuit On Fair Use Grounds Denied To: cypherpunks <cypherpunks(a)lists.cpunks.org> *Moscow Stock Exchange* *Logo:* https://tinyurl.com/3v2fd3y2 *Meta's (Facebook) logo,seemingly is a shocker*: https://tinyurl.com/2p8csm8u What is extremely interesting, the copyright case below was filed on March 8, 2021: https://dockets.justia.com/docket/new-york/nysdce/1:2021cv02007/555642 Facebook announced their new Meta brand and logo on October 28, 2021: https://about.fb.com/news/2021/10/founders-letter/ xNY.io debating the Moscow Stock Exchange Logo and the Meta logo, "ask[s] not whether the second work would *damage* the market for the first (by, for example, devaluing it through parody or criticism), but whether it *usurps* the market for the first by offering a competing substitute." On Thu, Mar 24, 2022 at 12:05 PM Gunnar Larson <g(a)xny.io> wrote: > In other news, related to Meta's (FB) logo being very similar to the > Moscow Stock Exchange logo, something similar has been discussed in New > York. I found this quote very interesting: > > - "Lastly, regarding the fourth factor, concerning the effect of the > use on the potential market for or value of the copyrighted work, the Court > noted that this factor "ask[s] not whether the second work would > *damage* the market for the first (by, for example, devaluing it > through parody or criticism), but whether it *usurps* the market for > the first by offering a competing substitute." > > ---------- > > https://www.mondaq.com/unitedstates/copyright/1174834/russian-state-sponsor… > > TV-Novosti, a non-profit operating the Russian state-controlled > RT(formerly Russia Today) television networks and 38 associated RT YouTube > channels, has been sued for copyright infringement by Business Casual, an > American media company that creates documentary content, based on its use > of translated clips of Business Casual's documentaries in its own videos > posted to YouTube. > > Business Casual creates short original historical documentaries which it > posts to its YouTube channel. Its documentaries frequently feature > photographs of historical figures, using a process called "parallax" which > "transforms century-old low-resolution photographs into dramatically > restored high-resolution photographs" and "turn[s] two-dimensional images > into three-dimensional models . . . simulating a depth-of-field. This > optical illusion provides Business Casual's videos with an immersive > three-dimensional look and feel." > > The lawsuit relates to two of Business Casual's documentaries—"How > Rockefeller Built His Trillion Dollar Oil Empire" and "J.P. Morgan > Documentary: How One Man Financed America"—clips of which Business Casual > alleges TV-Novosti incorporated into three separate videos on its > "RT-Arabic" YouTube channel, including portions featuring parallax-enhanced > images, altering the brightness and saturation of the copied content and > replacing Business Casual's watermark with TV-Novosti's own in order to > hide from YouTube's algorithms. > > TV-Novosti moved to dismiss the copyright claims, arguing that it's use of > the clips is protected as fair use. However, after considering each of the > four statutory factors, Judge Koeltl of the Southern District of New York > denied TV-Novosti's motion, holding that while three of the four factors > weighed against finding fair use, "[t]he fourth factor, which the Supreme > Court has described as 'the single most important element of fair use,' > cannot be determined without further factual development." > > Specifically, regarding the first factor, concerning the transformation of > the use, Judge Koeltl found that while TV-Novosti's videos take portions of > the plaintiff's videos, re-arrange them, and add new commentary to them, > TV-Novosti had not made any meaningful changes to the visual clips > themselves, and "[m]erely overlaying new audio does not effect a sufficient > transformation . . . to find fair use as a matter of law." The Court > further noted that TV-Novosti had "not changed the purpose of the > parallax-enhanced images," i.e., to provide visual illustration for the > overlain audio commentary, but had instead "simply lifted the copyrighted > depictions . .. for the purpose of illustrating [TV-Novosti's] own video." > In addition, the Court found that the fact that TV-Novosti could have > sought to pay for the clips, but didn't, and tried to hide its use of the > excerpts from YouTube's algorithms, also weighed against a finding a fair > use under the first factor. > > Regarding the second factor, concerning the nature of the copyrighted > work, the Court initially noted that factual material such as that at > issue, "cuts less closely to the core of copyright." Nevertheless, the > Court held that the fact that source material for Business Casual's videos > was in the public domain weighed against finding fair use, because TV > Novosti could have simply used public domain photos of the historical > figures, rather than the modified clips, to create its videos. > > Regarding the third factor, concerning the amount of use in relation to > the copyrighted work as a whole, the Court noted that while only "small > portions of the entire copyrighted works were used"—excerpts of 7 seconds, > 1 minute and 28 seconds, and 8 minutes and 50 seconds in length—the > portions were "not so trivial as to warrant dismissal under the de minimis > doctrine." > > Lastly, regarding the fourth factor, concerning the effect of the use on > the potential market for or value of the copyrighted work, the Court noted > that this factor "ask[s] not whether the second work would *damage* the > market for the first (by, for example, devaluing it through parody or > criticism), but whether it *usurps* the market for the first by offering > a competing substitute." With this framing, the Court thus found that while > one the one hand, TV-Novosti's "videos are alternative ways of learning > about the lives of J.P. Morgan and John D. Rockefeller," on the other hand, > they "have a broader focus and are in a different language, meaning that > they cater to a different audience." These differences, the Court held, > were significant enough to preclude the Court from "determining the effect > of [TV-Novosti's] videos on the market for [Business Casual's] videos at > this time." > > The Court's recognition of the weight of the fourth factor in determining > fair use means that there may still be hope for TV-Novosti—time (and fact > discovery) will tell. For now, the takeaway may very well be that parties > seeking to raise a fair use defense should take care to emphasize any > characteristics of their use that distinguish not just their work, but its > target audience, including the scope of the work and the language (if any) > which communicates it. > > > -- > *Gunnar Larson - xNY.io <http://www.xNY.io> | Bank.org <http://Bank.org>* > MSc > <https://www.unic.ac.cy/blockchain/msc-digital-currency/?utm_source=Google&u…> > - Digital Currency > MBA > <https://www.unic.ac.cy/business-administration-entrepreneurship-and-innovat…> > - Entrepreneurship and Innovation (ip) > > G(a)xNY.io > +1-646-454-9107 > New York, New York 10001 > -- *Gunnar Larson - xNY.io <http://www.xNY.io> | Bank.org <http://Bank.org>* MSc <https://www.unic.ac.cy/blockchain/msc-digital-currency/?utm_source=Google&u…> - Digital Currency MBA <https://www.unic.ac.cy/business-administration-entrepreneurship-and-innovat…> - Entrepreneurship and Innovation (ip) G(a)xNY.io +1-646-454-9107 New York, New York 10001

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[ot][spam][crazy][personal] thinkpad tp25 anniversary edition
by Karl Semich 07 Oct '24

07 Oct '24

i’ve been using a gift tp25 for some years. it’s a special lenovo laptop edition that is similar to the t470 and t480. as the years have passed, it gets harder to find information on repairing this laptop online. last time or two ago i replaced the system board, i engaged a long list of substitute part numbers for system boards that would fit and boot. i haven’t found this list again. i originally made it by looking at simple commonalities on support.lenovo.com and ebay.com , but simple search terms do not return as many results now as they did before, and support.lenovo.com is only showing one system board now for my model number. i’m seeing these values in the bios atm: bios ver: N1QETA3W ec ver: N1QHT54W model: 20K70004US unit serial: PF12XKZP board serial: L1HF83M000D cpu: i7-7500u 2.7ghz uuid: 1f4bfcc-2c71-11b2-a85c-955ac813bb93 os license: SDK0J40697 oa3 id: 3305102936368 may have made copy mistakes the problem i have right now is that the system does not charge, instead emitting a pungent smell for some time after the charger is plugged in. i removed the bottom cover but

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FTX Auditor Prager Metis Settles SEC Charges For Negligence
by Gunnar Larson 05 Oct '24

05 Oct '24

FTX Auditor Prager Metis Settles SEC Charges For Negligence <https://www.law360.com/newyork/articles/1879741?nl_pk=ac5a3855-e47c-4403-be…> By Carolina Bolado The former auditor of Sam Bankman-Fried's defunct cryptocurrency exchange FTX agreed Tuesday to pay $1.95 million to resolve allegations by the U.S. Securities and Exchange Commission of misconduct in FTX audits and, in a separate case, violations of auditor independence rules. Read full article » <https://www.law360.com/newyork/articles/1879741?nl_pk=ac5a3855-e47c-4403-be…> | Save to favorites » <https://www.law360.com/newyork/articles/1879741?nl_pk=ac5a3855-e47c-4403-be…>

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Autism Played Role In Bankman-Fried Case, 2nd Circ. Told
by Gunnar Larson 05 Oct '24

05 Oct '24

Autism Played Role In Bankman-Fried Case, 2nd Circ. Told <https://www.law360.com/newyork/articles/1881256?nl_pk=ac5a3855-e47c-4403-be…> By Elliot Weld A group of experts on neurodiversity told the Second Circuit that Sam Bankman-Fried, who has said he has autism and attention deficit hyperactivity disorder, may have been hurt at trial by a "cognitive and communication style" that at times frustrated the trial judge. 2 documents attached | Read full article » <https://www.law360.com/newyork/articles/1881256?nl_pk=ac5a3855-e47c-4403-be…> | Save to favorites » <https://www.law360.com/newyork/articles/1881256?nl_pk=ac5a3855-e47c-4403-be…>

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BREAKING: Star Witness Against Bankman-Fried Gets 2 Years In FTX Case
by Gunnar Larson 05 Oct '24

05 Oct '24

BREAKING: Star Witness Against Bankman-Fried Gets 2 Years In FTX Case <https://www.law360.com/banking/articles/1882033?nl_pk=feb6bbba-7878-4d39-be…> By Pete Brush A Manhattan federal judge sentenced former cryptocurrency executive Caroline Ellison to two years in prison Wednesday, crediting her decision to testify against FTX founder Sam Bankman-Fried but saying the $11.2 billion fraud was too big to warrant a "get out of jail free card." Read full article » <https://www.law360.com/banking/articles/1882033?nl_pk=feb6bbba-7878-4d39-be…> | Save to favorites » <https://www.law360.com/banking/articles/1882033?nl_pk=feb6bbba-7878-4d39-be…>

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Four Highlights to REPORT OF INVESTIGATION INTO ALLEGATIONS OF SEXUAL HARASSMENT BY GOVERNOR ANDREW M. CUOMO STATE OF NEW YORK OFFICE OF THE ATTORNEY GENERAL LETITIA JAMES
by Gunnar Larson 04 Oct '24

04 Oct '24

Today Gunnar got out of bed and realized he has to stage a Pershing Square type of success out of the Middle East: https://www.hbs.edu/faculty/Pages/item.aspx?num=49778. AG James, once human rights start paying for themselves, everything changes. What was happening in Chelsa during this investigation is being hid from New Yorkers just like the Steele Dossier but WORSE. Gunnar Donald Arthur Peter Larson must keep his integrity Mr. Mayor Adams. And my situation is far more impactful than sneaking into first class... AG James, can you please confirm that the current Superintendent is not up to worse to the four highlights here? Gunnar ---- Four Highlights to REPORT OF INVESTIGATION INTO ALLEGATIONS OF SEXUAL HARASSMENT BY GOVERNOR ANDREW M. CUOMO STATE OF NEW YORK OFFICE OF THE ATTORNEY GENERAL LETITIA JAMES: https://drive.google.com/file/d/1ZCy-8lHFc0AAihuWP8UpXg0LC4CkLnw_/view?usp=… EXECUTIVE SUMMARY We, the investigators appointed to conduct an investigation into allegations of sexual harassment by Governor Andrew M. Cuomo, conclude that the Governor engaged in conduct constituting sexual harassment under federal and New York State law. Specifically, we find that the Governor sexually harassed a number of current and former New York State employees by, among other things, engaging in unwelcome and nonconsensual touching, as well as making numerous offensive comments of a suggestive and sexual nature that created a hostile work environment for women. Our investigation revealed that the Governor’s sexually harassing behavior was not limited to members of his own staff, but extended to other State employees, including a State Trooper on his protective detail and members of the public. We also conclude that the Executive Chamber’s culture—one filled with fear and intimidation, while at the same time normalizing the Governor’s frequent flirtations and gender-based comments—contributed to the conditions that allowed the sexual harassment to occur and persist. That culture also influenced the improper and inadequate ways in which the Executive Chamber has responded to allegations of harassment.1 ---- Executive Assistant #1’s Hesitation to Report Governor Cuomo’s Conduct Executive Assistant #1 repeatedly testified that she felt she had to tolerate the Governor’s physical advances and suggestive comments because she feared the repercussions if she did not.183 She did not feel she could tell anyone, including her colleagues and her direct supervisors.184 In addition, the Governor had specifically told her—with respect to the selfie they took together—that she was not to share it or tell anyone about it other than Ms. McGrath.185 Executive Assistant #1 testified that she needed the income (including the overtime pay received from working on weekends), particularly as she was going through a divorce and was focused on not risking losing her job.186 Executive Assistant #1’s hesitance to report the Governor’s conduct was also informed by her observation of the Executive Chamber’s reactions to other women’s allegations against the Governor. In mid-to-late December 2020, Executive Assistant #1 personally witnessed what she felt were the Executive Chamber’s efforts to discredit the allegations of Ms. Boylan against the Governor, including by repeatedly describing Ms. Boylan as “crazy” and by trying to get Ms. Boylan’s personnel files to the press.187 Executive Assistant #1 recalled that Ms. DeRosa, Richard Azzopardi (the Senior Deputy Communications Director and Senior Advisor to the Governor at the time), and at times Linda Lacewell (the Superintendent of the Department of Financial Services) would be in Ms. DeRosa’s office during that period.188 They described Ms. Boylan as crazy and having a political agenda, and talk about shutting down Ms. Boylan’s allegations quickly.189 On or around December 13, 2020,190 while Executive Assistant #1 was assisting the Governor at the Capitol, she observed that Mr. Azzopardi was asked to retrieve a box from Beth Garvey, Senior Counsel and Senior Advisor to the Governor at the time, which Executive Assistant #1 helped carry from the Counsel’s Office to the Front Office in the Capitol.191 From the context of the discussions happening around that time, Executive Assistant #1 understood that the box contained documents relating to Ms. Boylan.192

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Linda A. Lacewell
by Gunnar Larson 04 Oct '24

04 Oct '24

Subject: Linda A. Lacewell https://new.mta.info/people/linda-lacewell Recommended by: Governor Appointed on: June 20, 2019 Term expired: January 1, 2023 Committee assignments: B&T (Chair), NYCT-MTA Bus, Finance, Corporate Governance, Diversity Linda A. Lacewell currently serves as Superintendent of the New York State Department of Financial Services. Lacewell previously served as Chief of Staff and Counselor to the Governor. In that role, she oversaw Executive Chamber operations, as well as ethics and law enforcement matters. Before that, Lacewell was Executive Director of a cancer foundation initiative in Culver City, California. Lacewell also served as Chief Risk Officer and Counselor to Gov. Cuomo, where she built and implemented the first statewide system for ethics, risk, and compliance in agencies and authorities. Lacewell was formerly Special Counsel to the Governor, as well as the architect of OpenNY, a state-of-the-art open data initiative. She also served as special counsel to Attorney General Cuomo, where she oversaw the public pension fund pay-to-play investigation and the out-of-network health insurance investigation, both of which led to nationwide systemic reform. Lacewell spent nine years as an assistant U.S. attorney for the Eastern District of New York, including two years on the Enron Task Force, and received the Henry L. Stimson Medal and the Attorney General's Award for Exceptional Service. Lacewell earned her B.A. from New College of the University of South Florida and her J.D. with honors from the University of Miami School of Law. She clerked for a United States District Judge for the Southern District of Florida. Lacewell serves as an adjunct professor at New York University School of Law, teaching ethics in government, and previously served as an adjunct professor of law at Fordham University School of Law, teaching international criminal law.

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The Entrapment Controversy
by Gunnar Larson 01 Oct '24

01 Oct '24

Author: Roger C. Park Title: The Entrapment Controversy Source: Minnesota Law Review Citation: 60 Minn. L. Rev. 163 (1976). 212 Highlights by Brody Larson: https://drive.google.com/file/d/1rhPWgd_OniZVLeJIlieDBx5VNC2chenn/view?usp=…

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Entrapment
by Gunnar Larson 01 Oct '24

01 Oct '24

Hello: I have been under entrapment most of the day. The agents have been rude and I have asked them multiple times to operate under proper decorum. Gunnar Larson

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Twitter Investors Win Cert. In Suit Over Musk's Backpedaling
by Gunnar Larson 30 Sep '24

30 Sep '24

Twitter Investors Win Cert. In Suit Over Musk's Backpedaling <https://www.law360.com/mergersacquisitions/articles/1883577?nl_pk=a34c25b5-…> By Bonnie Eslinger A California federal judge on Friday certified a class of thousands of Twitter investors over claims Elon Musk fraudulently tweeted about the social media company's alleged bot problem to get out of his $44 billion acquisition, rebuffing the billionaire businessman's contention that individual issues in the suit eclipse common questions. Read full article » <https://www.law360.com/mergersacquisitions/articles/1883577?nl_pk=a34c25b5-…> | Save to favorites » <https://www.law360.com/mergersacquisitions/articles/1883577?nl_pk=a34c25b5-…>

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