Showing posts with label artist's rights. Show all posts
Showing posts with label artist's rights. Show all posts

04 September 2013

ACCEPT MY EXCEPTION! NO OBJECTIONS!


This is a visual metaphor for a discussion with someone defending a plagiarist. Needless to say, we didn't see eye to eye, and neither of us were terribly civil about it. In the end, I pointed out we weren't going to convince one another, and so offered them the last word, a draw basically. Apparently, this isn't maturity. Apparently, maturity is where you keep arguing, repeating the same unconvincing statements at each other until one of you gives in. At least, that's what they kept insisting (they had a right to keep talking, and I had no right against listening... doesn't sound fair, but what do I know?). Look, one of my favorite movies is Rashomon. I've practically got the 21 Jump Street parody of it burned into my brain. I know all about multiple perspectives, at least enough to know that simply because you see someone's point of view, does not mean you're going to agree with them. When you accuse someone of not listening because of that, you're actually turning into the very thing you're accusing them of being, whether they are or not. 

This Is Not Sharing

Based on recent events on DeviantART. 
Look, whatever side of the copyright/piracy/sharing issue you're on, no one respects a plagiarist, especially when that plagiarist defends their actions when confronted by the original artists. 

29 August 2013

How Dare You Succeed!



This sort of comment has been coming up a lot in the discussions around asking people not to use adblock on sites they frequent or on content they enjoy (and should therefore be supporting). What gets me about it is that these people are essentially either fully self-employed, or are supplementing their existing income (which, last I looked, wasn't a crime), and here they're being told to stop that and begin searching for a completely different job they may or may not find given the unemployment rates and general state of the job market. Why do you want more people lining up in front of you in the welfare office? Shouldn't you focus on getting yourself that career you've been wanting?

Granted, whatever facet of the entertainment industry you choose to be a part of carries the risk of having essentially no job security, but isn't the greatest risk sometimes never taking one? Still, the question remains: Why does enjoying your job make it unreal? 

I mean, they say if you love your job, you never work a day in your life. Maybe the people who make that remark about getting "real" jobs take that expression literally. It's terrifying to think what kind of messed up upbringing they had to make them think the only real jobs are the ones you hate. 

I tried to make this an animated gif, but it looked terrible.

13 July 2012

The Buzzing of Flies

It really hadn't been a great few days prior to the 10th of July, but on that day, an amazing thing happened that normally I wouldn't be proud of in the slightest. There's no real pride in getting negative attention, despite what Oscar Wilde might have said about saying anything. However, when said negative attention comes from people whose ire and scorn is the direct result of being caught in their own stupid, moronic lie, the feeling I get may not exactly be pride, but I don't feel the slightest bit of guilt, not in the slightest.

I don't want to repeat what I wrote in my DeviantART Journal, so here's a summation with an addendum chronicling the subsequent events:

* A user posts ZIP files full of celebrity photos they found in Google image search to their gallery, offering them up as stock images for people to use however they see fit despite them not being her own work in the first place.

* I call her out on it in a comment on one of her photos.

* She says that her father is a professional photographer who took many of the photos that she posted, and therefore has permission.

* Some quick searching shows that the photos belong to several photographers, many working for different websites, the most prominent one being StarTraks.

* I proceed to ask her a simple line of questions about her father's "body of work," such as if he has his own personal online gallery or portfolio?

* She says she doesn't understand the question.

* I rephrase the question: Why would a professional photographer need his daughter's DeviantART page to post his work instead of his own website?

* She repeats that he's taken "many" of the photos she's posted.

* I ask which ones are his.

* She doesn't answer and blocks me from leaving further comments on her page.

* She writes a pleading journal, blaming me for getting an old account of hers banned (a power that, sadly, I don't actually have, and I only left one comment on that page a full day before it was banned), and calling on her friends to get me banned by...

Before we get to the quote, it's probably best to give a little context, just so you can fully grasp the sheer ineptitude. It's entirely within her power to file a formal complaint against me with DeviantART's administration for harassment. Whether or not it would be acted upon is entirely up to their discretion, and most likely nothing would be done given that she's already blocked me from her page, but the point is that there exists a legitimate and specialized avenue available to her for reporting me. Despite that, however, she thinks the only way to get me banned is:

"Entrá alguna deviantion (sic) de esos usuarios y dale click a "Report Deviation (right)" que está abajo de las estadísticas de esa deviantion (back to sic). De esa manera los pueden bannear."

Which translates to:

"Enter any deviation of those users and click "Report Deviation" which is below the deviation's statistics. We can ban them in this way."

So, rather than using the Help menu in DeviantART's support page to file a complaint she is technically well within her rights to file, she's telling as many people as she can to go to the drawings, paintings, and photographs in my gallery and report them for violations of DeviantART's Terms of Service.

Report them for what, exactly? I don't know, and it turns out neither does she. In fact, one of her watchers asked her what to file the report under (permission issues, explicit content, malware, to name a few). This question has received no answer. As to why she's given no answer, I can only hazard the guess that she has absolutely no idea how the site works and doesn't want to expose her ignorance.

This is ignorant for three important reasons:

1) It assumes that DeviantART's moderators do not actually read violation reports against uploads or at least check the work of art in question to make sure the report is legitimate. After all, not every report is for something offensive or harmful; being in the wrong category is one of the options, that just gets something moved to another category suggested by the one who files the report.

2) It essentially takes me out of the equation and tries to turn focus onto something completely unrelated in the hope of achieving the same result. In other words, I said something that offended someone, so they're taking offense and expressing displeasure at a drawing I made long before any of this happened, and is therefore irrelevant to the situation. Even her straw man is a lie.

3) It assumes that this "false witness/faux straw man" tactic will work despite her putting this plan

in writing

in a journal

on a public website

viewable by anyone

including but not limited to, the moderators and system administrators who will have to make a decision as to the legitimacy of the claims before taking any action.

Of course, there is the distinct possibility that the moderators will, as history has sometimes shown, jump the gun and go along with this crackpot scheme, hence my writing a journal on my page keeping everyone appraised of the situation so there's no surprise if my gallery should disappear. It's been two days, and the result of all this has thus far been:


A little, tiny spike in my pageviews that lasted all of around 24 hours (for my main page, strangely enough; I haven't seen any similar spikes for the stuff in my gallery).

A pair of apologists offering feeble excuses for why they have a right to post other people's work (with fair civility, I'll grant them).

A death threat (this makes two for me, pardon my yawn).

And a comment from someone calling me a gringo (a word I heard once living in New Mexico for 17 years).

I've filed a report against the one who wrote the journal (the one who lied about her father's profession, then lied to get everyone else to lie for her) for ban evasion, not harassment, and if she's reading this by chance, here's a message for you:

Pase lo que pase, yo gano, y no eres un artista. Lidiar con eso. 

Good night, and good luck.

17 April 2012

Qomics Quintology III: Manga Formats


Probably a little more personal than previous installments, if only because I'm working with an existing collection instead of the one I'm building now.

08 November 2011

A Question for YouTube (quasi-s.978/copyright related)

I'd never heard of this until a YouTube partner by the name of The Archfiend pointed it out. Apparently, a common (or once common) trend on YouTube was for people to post a comment, either on a video or a user's channel page, to the extent of "Sub4Sub" meaning, "If you subscribe to me, I shall return the favor."

For reasons that probably shouldn't have to be explained or explored in any great detail, this is really annoying, unfair, and, in the case of those asking, downright pathetic. Put simply, their channels are so bad, so borderline invisible, and so obnoxiously underwhelming that they have to ask people to subscribe to their channel in exchange for their pretend patronage.

Luckily, YouTube, in a moment of genuine interest in the goings-on of their site, decided this had to stop, and not only said as much, but literally found a way to prevent it. Now, if someone types "sub for sub" or anything along those lines, the comment does not post. The pathetic excuse for a human being begging for attention will get an error message that the comment cannot be posted due to an "internal error" which is a polite way of saying, "Get a damn life, you scum-sucking bottom-feeder." This technology isn't actually new, as many web-hosting services and a few online games have filters in place that seek out specific words and either erase them, or replace them with something else. It's typically reserved for obscenity and various foul terms, but YouTube has discovered it can also be used to keep people from mooching off of others. Again, genius.

YouTube also has a program that can "listen for" copyrighted music in videos and either mute the video or, as is more often the case, send you an e-mail asking if you'd like to allow a link to a legitimate download service (like iTunes or Amazon) to be posted alongside your video. Of course, it's not really a question, just a kind of gentle warning. They'll only post the link if they can actually get the rights to the song, otherwise they go with the muting option. In essence, they're trying to work with you, reach an agreement of sorts with the record labels so they don't take you to court for all you're worth plus interest. I've always felt the "free publicity" defense often used by people who use copyrighted music illegally in their videos is incredibly weak, tantamount to the spoiled child throwing a temper tantrum and screaming, "You never loved me!" but somehow YouTube has found a way to make it work. I may not approve of a compromise like this, but that's not the same as opposing it.

And yet, despite these capabilities at YouTube's disposal to help both its community and entertainment providers, I still see users posting full movies either in parts of around 10, or even, with the recent set of site changes of late, in single uploads. Granted, with the way the DMCA works, YouTube can't officially make a move against the offending user unless the original copyright holder files a formal complaint, a condition I consider akin to taking someone's car keys and throwing them in the river, insisting that it is not grand theft auto as the car is exactly where it was when the owner originally parked it and no one else has the keys. YouTube has created a kind of relatively safe haven for people to post videos that are not their own yet claims total immunity for what people do with it. Fair in principle, possibly, but jury's out on the practice. The point is, if they're willing to actively work and cooperate with record labels before any legal paperwork is filed, and set up parameters that flag comments for spam, why isn't there a means for automatically flagging videos that are of full-length feature films? Where's the misgiving about what exactly is going on with that user's channel? Sure, clips are tough to peg down as offending because they're only a short portion and often given at least a little context, such as hosting the video on a weblog for review or critique and putting a link to the journal in the description. Exhibiting the film in full, however, hardly counts as fair use, regardless of any attached analysis.

Copyright is far from a black and white issue, but it's not a complete gray area, either.

29 October 2011

Final Word On The Problem.

Okay, so I can get the missing icons back if I just use the new interface, which I don't really have a problem with save that every time I open it, I get this banner up top telling me my browser isn't supported and I should try Chrome.
As I've said, I don't use Chrome because of a conflict that causes my PC to randomly restart. Evidence to prove this: Once I uninstalled Chrome, it never happened again. Correlation isn't causation, true, but a quick search in the forums showed I'm not alone in this; XP does not get along with Chrome, and random restarts are among the side effects.
Apart from that, though, why wouldn't the latest version of Opera be supported?

In any case, the time seems to have definitely come for me to do something about my PC situation. As of now, I'm still running XP on a rig I've had since 2005 with no real updates or upgrades beyond a new graphics card and a second disc drive. The biggest problem I'm having is that apart  from Opera and Skype, no application that requires an internet connection will work, including other web browsers. I think that, with all the Linux distros I've experimented with, on top of everything else I've used this computer for, the hard drive has simply had enough and needs to be replaced. I get error messages, but any attempts to fix them turn up negative, so I think we're dealing with an outright hardware failing. The same thing happened to my iMac once upon a time. It was funny when I took it in to get repaired; it had a 10GB hard drive and the store said the smallest drive they could replace it with (and not charge me an upgrade fee) was 30GB.

Anyway, the plan now is that I'll be replacing my hard drive and maybe even upgrading to Windows 7, but since it will most likely be the starter edition, I'll also re-install Jolicloud and switch between the two as needed. For some strange reason (upsell, upsell, upsell) the starter edition of Windows 7 does not allow you to set your own desktop wallpaper, but Jolicloud can. I intend to only use Windows 7 for non-web related activities, such as editing audio (and maybe video) and using my scanner. Jolicloud will be used entirely for running Opera and maybe Chrome (in case Blogger decides it doesn't like Opera, the uncultured swine that it is). I may also be upgrading the motherboard with one I've had lying around for a while (long story, don't ask). I've been planning at least one aspect of this plan for some time, but I've never gotten around to it. Instead, I've just been cautious about saving things and backing up my data whenever I think to. In any case, if I do replace my hard drive, it'll just be for safety sake as I intend to store most of my stuff onto flash drives, as I've done for years. When I was using my little Linux computer Sophia (also a long story not worth asking about), I had an 8GB thumb drive in the USB port at all times, only using the onboard hard drive (which was actually a compactflash card with a special adapter, something I may employ for this upgrade) for applications.

In the end, for as mad as I was, it wasn't so much at Blogger or Google as much as it was the fact that I don't like being told to make upgrades that I already intend to do regardless. Speaking of journals, though, we'll end this on something slightly different:

DeviantART's new journal feature just annoys me. They've essentially turned journals into literature uploads, complete with being able to give favorites and share options. My question, what about all those losers (they know who they are) who just post song lyrics or other things like that? Journals aren't art, they're a means for artists to talk to their audience, whether to give them important updates or just to shoot the breeze, they're not things to be placed in frames and hung upon the wall. The point of journals was that DeviantART users could essentially say anything they wanted with no fear of getting taken down, suspended, or even banned because the journal was just a kind of soapbox for people to have their little say in whatever they were on about. Now, by putting them on the same level as works of art, they're going to take away that relative safety. Journals can now get popular the same way paintings can, and that's not a good thing.

I know whenever DeviantART makes a change, there's always some huffing and puffing and melodrama about getting used to the change, and in the end, we get used to them, but this time, I think they may seriously have done something wrong, and I don't think they can undo it. We'll see.

Good night, and good luck.

08 October 2011

Fan =/= Collaborator =/= Publicist =/= Martyr

I grew up in a Christian home. I not only went to church regularly and attended CCD (think Sunday School meets summer camp), but even volunteered as an altar server for many years. Of course, I'd be lying if those facts didn't come with the respective qualifiers: Whether I wanted to or not, which made up some of the worst social experiences of my childhood, and primarily because it looked like fun. Suffice it to say, I don't consider myself Catholic anymore. I still believe in God, but there were a few elements to the system (the Fan Club, as Marilyn Manson calls it) I could never quite get past, and not the typical "A-Ha! I'm on to you." ones like, "Why doesn't the Bible mention dinosaurs?" or, "Where did Cain find a wife?" Instead, they were more basic and fundamental.

The first is unconditional love. I mean, I get it, I guess, but I just find myself really uncomfortable with the idea. I would just rather earn it like anything else worth having. There's a little more to it than that, but we'll leave it there as the second item is the important one.

The second is martyrdom. There's nothing wrong with standing up for something you believe in, but expecting something in return to the point of demonizing people who don't reciprocate just doesn't sit well with me. Whatever happened to kindness being its own reward?

While this doubt had lingered in my mind for many years, it was a chain e-mail I got for Easter that, though meant to inspire and compel, really only served to highlight what I'd come to perceive as a self-deluded absurdity. You probably know the one, about the theology professor who offers donuts to his students and for each one he gives, whether they accept it or not, his star student has to do x number of push-ups, "So (name) can/not have a donut."

A better example is the opening scene of the Frank Oz film Housesitter, wherein architect Newton Davis (played by Steve Martin) presents an entire house as an engagement gift to his sweetheart, only for her to say, "No." This may or may not have been based on the tragic life story of Edward Leedskalnin, a Latvian sculptor who built Coral Castle to impress his betrothed after she left him at the altar.

It's all about expectations, and how your expectations of others should never play a role in your intentions.

When did "OMG, HOW I LOVE WHAT MY FANS DO FOR MEEEEE!" go from being a simple nicety to a litmus test for determining greed and authenticity? It's probably a little sad that the event that actually got me thinking about all this and digging up memories of my past and my religious views was Nintendo shutting down a fan-made, feature-length film based on the Legend of Zelda franchise (then again, I learned more about faith from Legend and Time Bandits than most any time spent in church, so it's not completely grabbing at straws). Called The Hero of Time, the film was produced entirely by volunteers over a period of four years. It was shown at a few film festivals and eventually uploaded to Dailymotion. Nintendo filed a cease & desist notice in 2009, but allowed the film to remain online until the end of the year.

As you might imagine, fans were outraged at Nintendo, with many forums and message boards bustling with outcries along the lines of, "How dare you! They're just fans who love the games so much. Who the Hell are you guys to crush their artistic spirit? George Lucas would never--" and so on and so forth. In all, the people the least bitter about the whole affair (at least, publicly) were the filmmakers themselves:

We understand Nintendo’s right to protect its characters and trademarks and understand how in order to keep their property unspoiled by fan’s interpretation of the franchise, Nintendo needs to protect itself — even from fan-works with good intentions.

In the time since, the group has developed two new projects, both of them original IPs. It begs the question of whether or not these new projects would be receiving as much attention as they are were it not for the icebreaker that was Hero of Time. It's a classic dilemma that artists face, how do they get noticed without risking alienating people with an unfamiliar property? On that note, if the team behind Hero of Time had approached Nintendo for permission in the first place, and Nintendo declined, what would they have done? Would they have simply gone ahead and only shown the film as a kind of demo reel to entice potential investors in their original projects? Follow up to that, would they have even considered carrying on with their original projects? I'd like to think they would, but somehow I can't fully subscribe to that notion.

The relationship between artists and their fans is a very complex one, existing in a kind of Schroedinger's Cat/Double Slit state of limbo where no one wants to peg down the barriers and limits of the relationship as doing so would undo it altogether. It's like that couple that has been together for years, but never talks about marriage, only to break up the moment the topic comes up and they realize they have different ideas about matrimony, even though they'd been living the dream fine and dandy up until then. It's as if the fans hate to be told that they're just fans in the eyes of their idols, albeit they'd be hard-pressed to lay down their credentials to the contrary. Even the "free advertising" or "good publicity" arguments don't hold up. On a satirical note, if you'd never heard of the Legend of Zelda and Hero of Time was not only your introduction, but the driving force that led you to give the games a try, then tell me, what's Mars like?

This sort of "Who's doing the bigger favor for who?" debate can really go on for days, even years (and have, in many circles), and while I'm all for keeping the debate open and giving equal consideration to all points from both parties, I wish we could get past the sticking points of expectations and entitlements as far as the fans go. To those fans who get riled up when some derived work they've invested in is shut down by the original creators, I understand your frustration, but what do you honestly expect? Lastly, to prove I'm not condemning your actions, I'll offer up an alternative in the form of an observation:

George Lucas is a fan of Akira Kurosawa, but Kurosawa never made a science fiction film.

09 August 2011

Good Riddance (There, I said it)

The Tweet
The Forum Thread

I'm on record saying I've never liked Extra Credits; I hated the way the show was produced, and I honestly hated that they were being paid for what they cobbled together and presented to us. Two hack writers and an overworked artist, and the best they could do was a five minute video, half of which was padded out with randomly-Googled images. At least when Yahtzee or Moviebob do that, they're at least integrated into their own personal art-styles and are far more relevant to the topic at hand. Also, Yahtzee and Bob are solo acts (and Bob makes two shows). I mean, think about that: Three people work on one show to produce what others do on their own and at best only match it in terms of production value.
My personal feelings about the show aside, here's two items of information that stick out for me:

On James: Using some of the fundraiser money (meant for Allison's Surgery and producing more episodes of Extra Credits) to start up a business. Dick move. That money was for Allison's surgery first, your personal projects... not even on the list.

On Alex: Granted, if I were in charge, I wouldn't pay Extra Credits a damn thing (see above), however, if you're having this much trouble keeping up with paying the people you choose to represent, it shouldn't surprise you that people are jumping ship. Pay people for their work, period. Turning around and asking them for money doesn't help things.

So, yes, I admit it: I'm glad Extra Credits is gone from The Escapist. I wish it were under better circumstances, I wish Allison (the artist for EC) wasn't in the middle of all this for something not her fault, and I wish it were as simple as EC doesn't like Escapist, but it isn't. So, to crib a phrase from John Stossel, "I want to say, 'Gimme a break!' but I don't know who to say it to."

UPDATE: Daniel Floyd, the co-hack of Extra Credits has said of people who donated to Allison's fundraiser and had their portions donated to starting the publishing company,
Yeah, if anyone approaches us saying they don't support the fund idea, I'm totally cool with the idea of returning their money. I don't know the logistics either at this point, having not received everything from Rockethub yet, but I totally agree with you.

The forum thread in question is here with the addendum that the Indie Gamer Fund is not a business, that "we won't take any money from the fund and any profits earned off titles published will go back into the fund to help kick start additional games"
So, they're not going to pocket the profits, they're going to use them to fund future projects... You know what, that's a business. Sure, it's not a "business" for the founders, since they're insisting they won't be profiting from it, but the developers of the games will, and while I want to say that's a good thing for independent game developers, I can't say I'm in great favor of the circumstances by which this operation has come to light. It's been established under false pretenses, that the money sent through the Rockethub event was to 1)Pay for Allison's surgery and 2)Produce more episodes of Extra Credits, effectively keeping Allison employed.