User Generated Theft

Piney Woods TRI-X 400
Piney Woods TRI-X 400, originally uploaded by swanksalot.

outside of Leesville, LA

Republished with really lousy credit:

www.treehugger.com/files/2009/03/carbonfundorg-reforestat…

Discovery Communications, the parent of TreeHugger, market capitalization exceeding $2,000,000,000 apparently doesn’t mind bending the rules when it comes to User Generated Content. Flickr hosts my photographs, and has printed clear guidelines outlining what is acceptable usage:

Do link back to Flickr when you post your Flickr content elsewhere.

The Flickr service makes it possible to post content hosted on Flickr to outside web sites. However, pages on other web sites that display content hosted on flickr.com must provide a link from each photo or video back to its page on Flickr.

[From Flickr Community Guidelines]

TreeHugger downloaded my photograph from Flickr, stripped out the copyright information that was embedded in the photo, changed the photograph’s name, uploaded it to its own server, and added it to a blog post without linking back to the original photo1. Now this image has become public domain, available for anyone to download from TreeHugger’s high profile site, to use, sell, or whatever, without ever realizing where the image came from2.

I actually don’t usually mind my photos being used on other websites, as I say on my Flickr profile page, or else I wouldn’t bother to upload images anywhere on the internet in the first place. But multi-billion dollar corporations should try a little harder to respect the rights of the little guys.

Suppose I copied some content from the Discovery Channel, a documentary about American Loggers, for instance, and rebroadcasted it on my own television station, while putting a small on-screen title at the end of the broadcast saying, “all content originally created by the Discovery Channel“, I’d soon receive a sternly worded letter from their corporate attorneys. What rights do I have? What cause of action do I have? None, other than this whiney-ass blog post, and a big spit on the ground in TreeHugger’s direction.

Update, left this comment at TreeHugger

So I’m curious, why did you strip out all of the copyright metadata on my photo when you republished it, and why didn’t you follow the terms of use (which are simple: attribution, and link to the original photo). Is this TreeHugger policy? Discovery Communications policy? In effect, you have released my photo to the world as uncopyrighted, is that your intent? Would it bother TreeHugger/Discovery if I did the same with your work?

Curious as to your response, either here, or at my blog where I ask the same questions.

Update: 9:10 CST, TreeHugger didn’t publish my comment, just removed the photo. Now, they are stealing Brion V.’s photo, without a link to his photo page. Still scummy, but not my problem any more. Just wish I had bothered to take a screenshot of their theft before blogging about it. Remind me to steal as much TreeHugger and Discovery Channel material as possible before I die. Or get served with papers.

As twitter and Flickr pal Friendly_Joe suggested, I should still invoice TreeHugger for the time3 that my photo was on their site.

Footnotes:
  1. they did write below the image, Photo via: Swanksalot, but without a link to the photo they borrowed, or bothering to use my actual name. []
  2. my trip to East Texas on a day when both of my grandfathers died []
  3. somewhere in the neighborhood of 36 hours []

Reading Around on March 30th

Some additional reading March 30th from 14:16 to 19:48:

  • jimmy's cocktail hour: Whiskey for the People. – "Pikesville Rye is widely distributed, and is usually available for around $11.99. Some parts of the country get it for $9.99. Let's call it $12. This is good rye at a bargain price. If you have a bottle of bitters on hand, you're all set. "
  • Cocktail Hacker » Blog Archive » MxMo XXXVI: Recession Gin and Tonic – So how hard is this cocktail going to hit your wallet? It’s not going to hit it hard at all. It’s going to be like a kitten falling on a pile of pillows.

    Burnett’s Gin (1.75 L) $15.99 -> 2 oz $0.54
    Realime (15 oz) $3.09 -> 1 tsp $0.04
    C-Dry Tonic (6×12 oz) $2.99 -> 6 oz $0.25
    Total Cost Per Drink $0.83
    Eighty three cents. Try to wrap your head around that number. That’s cheaper than a soft drink nearly anywhere. It’s cheaper than a crappy cup of coffee from the vending machine in my office.

  • The Cocktail Chronicles » MxMo Hard Times: Drink Like a King(sley) – Need to read this book!
    "Vital requirement: prepare pre- and post-dinner drinks in some undiscoverable pantry or broom-cupboard well away from the main scene. This will not only screen your niggardliness; it will also make the fetching of each successive round look like a slight burden, and will cast an unfavorable limelight on any individual determined to wrest additional drinks out of you. Sit in a specially deep easy-chair, and practise getting out of it with a mild effort and, later in the evening, a just-audible groan, though beware of overdoing this."
  • Twitter Blog: Replies Are Now Mentions – Seems like this should pick up on re-tweets too (RT @swanksalot for instance). Good tweak to the API.
  • The Art of Sampling | TheFrontloader.com – "Sometime late last year, I was looking through the new releases when I came across a sincere tragedy. Hilary Duff was back, and THIS time, it was personal… “Personal Jesus”-personal. It seemed that, for her “Best Of” album, she needed a new song and thus decided to sample Depeche Mode’s 1989 hit “Personal Jesus” for her single, “Reach Out.”

    At first I couldn’t believe it because I consider Depeche Mode music sacred ground, but then I found a link to the music video and decided to see if it was true. For those of you that have been lucky enough to miss this, consider yourself very unlucky right now"

  • The Washington Monthly -IF IT'S SUNDAY, IT'S JOHN MCCAIN – John McCain has appeared on Meet the Press – just one of the multiple Sunday morning talk shows – 54 times, and I would guess that most of them have come in the years since announcing for President in 1999, since before that he was a more obscure figure in Washington. I can't imagine there's anyone else even close to that number. And yet McCain is an easy guy to find on the Rolodex and get to appear on your show. It points to a staleness in the official discourse.

Torture is an actionable crime

Dan Froomkin emphasizes the point that despite Bush administration claims to contrary, no terrorist plots were foiled by torturing anyone.

Abu Zubaida was the alpha and omega of the Bush administration’s argument for torture.

That’s why Sunday’s front-page Washington Post story by Peter Finn and Joby Warrick is such a blow to the last remaining torture apologists.

Finn and Warrick reported that “not a single significant plot was foiled” as a result of Zubaida’s brutal treatment — and that, quite to the contrary, his false confessions “triggered a series of alerts and sent hundreds of CIA and FBI investigators scurrying in pursuit of phantoms.”

Zubaida was the first detainee to be tortured at the direct instruction of the White House. Then he was President George W. Bush’s Exhibit A in defense of the “enhanced interrogation” procedures that constituted torture. And he continues to be held up as a justification for torture by its most ardent defenders.

But as author Ron Suskind reported almost three years ago — and as The Post now confirms — almost all the key assertions the Bush administration made about Zubaida were wrong.

Zubaida wasn’t a major al Qaeda figure. He wasn’t holding back critical information. His torture didn’t produce valuable intelligence — and it certainly didn’t save lives.

[Click to continue reading White House Watch – Bush’s Torture Rationale Debunked ]

In a just world, thugs like John Yoo, Albert Gonzales, Douglas J. Feith and Dick Cheney would do hard time in a federal prison. Instead, Rethuglicans are chuckling to themselves at their golf junkets.

Call Anywhere - TRI-X 400

and you gotta love this assertion:

While the officials named in the complaint have not addressed these specific accusations, Mr. Yoo defended his work in an opinion column in The Wall Street Journal on March 7, warning that the Obama administration risked harming national security if it punished lawyers like himself.

“If the administration chooses to seriously pursue those officials who were charged with preparing for the unthinkable, today’s intelligence and military officials will no doubt hesitate to fully prepare for those contingencies in the future,” Mr. Yoo wrote.

[click to continue reading Spanish Court Weighs Inquiry on Torture for 6 Bush-Era Officials – NYTimes.com]

In other words, “you sure have a nice democracy here, would hate to see anything happen to it, kid.” / faux mafia voice.

Netflix Queue is a battleground for some couples

Some couples have different tastes in films, and thus cannot agree on what should be next on the Netflix queue.

Netflix Cracked

Michael Wilson writes:

For many couples, the queue — the computer list of which films will arrive next in the mail, after those at home are returned — is as important as everything else that spouses and other varieties of significant others share, from pet names to closet space to the bathroom. For some, this is fine. For others, the queue is the new toilet seat that somebody left up.

Back to that disc at the Marino residence, dug in like an old grudge.

“I had ‘English Patient’ for more than six months,” Mr. Marino confessed. “It was an insane amount of time.” He recalled starting the same discussion with his wife, night after night, as they flipped among the five DVDs from their Netflix subscription. “Do you want to watch this? Do you want to watch this? Do you want to watch ‘English Patient?’ ”

“No,” was the response he got.

[Click to continue reading Netflix Is the New Relationship Battleground – NYTimes.com]

We have a simpler solution, one not mentioned in the article: have two DVD players! My taste in movies runs more along the lines of a film-school dropout1, lots of Criterion Collection films, classic noir, Werner Herzog, etc., while her taste is decidedly less eclectic. She will sometimes watch a classic film with me, but often would rather watch a television drama instead, or a contemporary comedy. Luckily our place is big enough that we can each watch a television at the same time with minimal fuss.

Teeth

Portable DVD players are cheap, and many households have laptops. Why would this be such an insurmountable problem for couples? There is the issue of receiving Netflix films, and not wanting to watch them for a while, for whatever reason. I just watched Le Cercle Rouge [Netflix]2, after having the disc in my possession for nearly a month. The term for this phenomena is Notflix, I think.

Also, The English Patient SUCKS! Mr. Marino didn’t miss anything by not watching it. What a horrible movie3

Footnotes:
  1. which is one of my self-chosen epithets, perhaps in homage to the phrase, “Beauty School Dropout, ” from Grease. Bonus points, since it is sorta true: I took several film classes as an undergrad, but decided to graduate before changing my major, again. []
  2. a great film, glad I finally viewed it, perhaps to write something about it, or not, as my film review frequency has totally slackened []
  3. sorry, sis, I know you like it []

Reading Around on March 28th through March 29th

A few interesting links collected March 28th through March 29th:

  • The Washington Independent » After the Laughter, Grim GOP NumbersWhile reporters hooted at the comically simplistic charts and lack of details in the House Republican leadership’s budget plan, the green eyeshade types at Citizen’s for Tax Justice crunched the numbers (PDF). They conclude that a quarter of all households, most of them poor, would pay more taxes under the GOP plan, while the richest one percent would pay $100,000 less.
  • TidBITS Media Creation: iMovie ’09 8.0.1 Update Brings More than Just Bug Fixes“I understand that Apple isn’t creating its products for writers, and it can (and does) change features whenever it wants. The updates here are great for iMovie users. But since the development teams must keep internal lists of what’s changed anyway, is it really so hard to spend an hour and turn those into useful release notes?”

    Amen to that. Maybe make a preference toggled in Software Update: terse details as the default, but have the ability to set a preference and get more detailed release notes. Please Apple, it shouldn’t be so difficult to say what’s new.

  • Mady Comfort – BiographyMady (or Mattie) Comfort was a jazz and lounge singer, dancer, and model. She was married to bassist Joe Comfort, who worked with Lionel Hampton and Nat King Cole, and who played on many of the Frank Sinatra/Nelson Riddle Capitol recordings. Gene Santoro, in his biography of Charlie Mingus (Myself When I Am Real), says that she was also a girlfriend of Duke Ellington, and that she is the “Satin Doll” about whom Ellington, Strayhorn, and Mercer wrote the song “Satin Doll.”

    Also sang the hell out of a Nat King Cole song, I’d Rather Have The Blues (aka Blues From A Kiss Me Deadly) in the 1956 noir film, “Kiss Me Deadly”“. Whoa.

Vast Spy System Loots Computers

Amazing, but not that surprising. The full 53-page report is available here, if you are interested in the details1.

Computer Consultants

A vast electronic spying operation has infiltrated computers and has stolen documents from hundreds of government and private offices around the world, including those of the Dalai Lama, Canadian researchers have concluded.

In a report to be issued this weekend, the researchers said that the system was being controlled from computers based almost exclusively in China, but that they could not say conclusively that the Chinese government was involved.

The researchers, who are based at the Munk Center for International Studies at the University of Toronto, had been asked by the office of the Dalai Lama, the exiled Tibetan leader whom China regularly denounces, to examine its computers for signs of malicious software, or malware.

Their sleuthing opened a window into a broader operation that, in less than two years, has infiltrated at least 1,295 computers in 103 countries, including many belonging to embassies, foreign ministries and other government offices, as well as the Dalai Lama’s Tibetan exile centers in India, Brussels, London and New York.

The researchers, who have a record of detecting computer espionage, said they believed that in addition to the spying on the Dalai Lama, the system, which they called GhostNet, was focused on the governments of South Asian and Southeast Asian countries.

Intelligence analysts say many governments, including those of China, Russia and the United States, and other parties use sophisticated computer programs to covertly gather information.

[Click to read more of Vast Spy System Loots Computers in 103 Countries – NYTimes.com]

Amusing that this front page article doesn’t once mention the operating system the target computers ran. Did Microsoft agree to purchase full page advertisements in the Sunday New York Times for the next ten years in order to keep Windows and Outlook from being mentioned in the story? Why do governments use Windows in sensitive networks anyway? Even if they didn’t use Macs, perhaps they could use Linux machines instead.

Apple Logos

Kim Zetter of Wired adds:

Infected computers include the ministries of foreign affairs of Iran, Bangladesh, Latvia, Indonesia, and the Philippines and embassies of India, South Korea, Germany, Pakistan and Taiwan. Thirty percent of the infected computers could be considered “high-value” diplomatic, political, economic and military targets, the researchers say.

The largest number of infected computers in a single country were in Taiwan (148), followed by Vietnam (130) and the U.S. (113). Seventy-nine computers were infected at the Taiwan External Trade Development Council (TAITRA). One computer at Deloite & Touche in New York was among those infected in the U.S.

The earliest infection the researchers found occurred May 22, 2007; the most recent infection at the time they wrote their report was March 12, 2009. Each computer was infected for various amounts of days, with the average being about 145 days. There were significant spikes in the number of systems infected in December 2007 (113 of 320 infections in December occurred at TAITRA in Taiwan) and August 2008.

The researchers found the network after examining computers at the Dalai Lama’s office and found that the system had gained control of mail servers for the Dalai Lama’s offices, allowing the spies to intercept all correspondence.

The computers were infected either after workers clicked on an e-mail attachment containing malware or clicked on a URL that took them to a rogue web site where the malware downloaded to their computer. The spy network continues to infect about a dozen new computers in various places each week, according to the researchers, who are based at the University of Toronto’s Munk Center for International Studies.

The malware includes a feature for turning on the web camera and microphone on a computer in order to secretly record conversation and activity in a room.

They write that e-mails that OHHDL workers received that contained the infected attachments appeared to come from Tibetan co-workers. In some cases, monks received infected e-mails that appeared to come from other monks. The attackers seemed to target their infected correspondence at key people in the OHHDL office, including network administrators. In this way, the attackers likely gained login credentials for the mail server. Once they had control of the mail server, they were able to infect more computers by intercepting legitimate e-mail in transit and replace clean attachments with infected .doc and .pdf attachments that installed rootkits on the recipient’s computer that gave the attacker full control over the computer.

One monk reported that he was looking at his screen when his Outlook Express program launched on its own and began sending out e-mails with infected attachments.

[Click to continue reading Electronic Spy Network Focused on Dalai Lama and Embassies | Threat Level from Wired.com]

Fascinating stuff. China is very serious about keeping Tibet under their thumb.

Footnotes:
  1. unfortunately, to download the document as a PDF, you have to give up an email account, and other personal data []

Snow, Snow, Snowdio

Snow, Snow, Snowdio

Snow, Snow, Snowdio, originally uploaded by swanksalot.

Snow in the morning…then mostly cloudy with chance of snow early in the afternoon. Partly sunny late in the afternoon. Snow accumulation of 2 to 4 inches. Blustery. Highs in the upper 30s. Northwest winds 15 to 25 mph. Gusts up to 40 mph until late afternoon decreasing to 30 mph late in the afternoon. Chance of precipitation 100 percent.

and just a few days ago, the temperatures climbed to the mid-70s…

Jimi Hendrix reality TV footage to be released by his estate


“The Jimi Hendrix Experience” (The Jimi Hendrix Experience, Jimi Hendrix)

I’d watch that, if it isn’t horrible.

Candid, “reality TV”-style footage of Jimi Hendrix at home, backstage and “hanging out” will soon be released, according to the late musician’s sister.

The footage dates from 1969, when a camera crew followed Hendrix for a month, catching him both on and off stage. The Hendrix estate will release the footage in a DVD later this year, as part of a new deal with Universal Music Publishing Group.

[Click to continue reading Jimi Hendrix ‘reality TV’ footage to be released by his estate | Music | guardian.co.uk ]

and I wonder why the Hendrix estate is blocking the making of a bio-pic? Are they working on their own? or what?

Experience Hendrix have “10 more years of Hendrix music” in their archives, according to Janie. “Currently I am in the studio transferring tapes of Band of Gypsys performances that have never been released before,” she said, referring to Hendrix’s final band. The company plans to release at least two albums this year, and a Jimi Hendrix Experience concert DVD of the band’s Royal Albert Hall gig in February 1969.

The Hendrix estate has continued to block attempts to make a Jimi Hendrix biopic, most recently refusing to license any music to a proposed film starring Outkast’s Andre 3000.


“Electric Ladyland (w/dvd)” (Jimi Hendrix)

plus there is this:

Fourteen acoustic demo songs by Hendrix, recorded in 1968 and traded to a neighbour in exchange for milk and sugar, are to be auctioned in April. The battered, coffee-stained green box contains 1,800ft of quarter-inch tape, from when Hendrix was working on his third album, Electric Ladyland.

The songs mostly feature Hendrix playing solo acoustic guitar. Though he covers Dylan, he plays Tears of Rage and not the now-classic All Along the Watchtower, which appeared on Electric Ladyland. A few tracks include an unnamed harmonica player.

Hendrix gave the tape to Carl Niekirk, who owned a photography studio beneath the rocker’s Brook Street, London flat. “It was a constant stream of people coming and going and partying,” Niekirk told the Independent. As the flat and studio shared an entrance, the photographer would often have to let in Hendrix or his guests – including George Harrison.

One day, Hendrix asked Niekirk if he could borrow some sugar. When the photographer took it up, the rock star gave him the tape. “Because I asked him, he just gave it to me,” Niekirk said. “As simple as that.”

[From Jimi Hendrix’s acoustic Electric Ladyland demo tape to be auctioned | Music | guardian.co.uk ]

which took decades of legal wrangling before it could be released

Reading Around on March 24th through March 27th

A few interesting links collected March 24th through March 27th:

  • Is Jon Stewart Our Ed Murrow? Maybe… – Mr. Stewart. Yes, he makes funny faces and starred in Death to Smoochy, but, along with Stephen Colbert, his ability to entertain is what lends him his authority in the first place. Think about it. Why should we care who this or that newspaper publisher endorses for president? Answer: we only care because we care about the editorial influence on the audience. Presidential candidates don’t go seeking the endorsement of high school newspapers because, well, dude, kids don’t vote. Stewart and Colbert have the audience that powerful people want to reach; yet at the same time, these two men do not participate in a pack mentality, and that’s what makes them politically invaluable (and at this point, irreplaceable).
  • The President Vs. the Press – The Daily Beast – There you have it. CNN wants emotions, theatrics, the stamping of feet, mano-a-mano anger, and outrage contests. This is a presidency defined by cable news food-fights and Maureen Dowd-style armchair psychoanalysis. Obama wants to “know what he’s talking about,” pick the best policy to achieve it, and explain it as calmly as he can to his country. … Take a look at the blogging of the news conference by the New York Times’ Helene Cooper and Jeff Zeleny: At 8:28, Cooper writes: “Finally! A break from the wonkish budget talk.” Eight minutes later, Zeleny adds, “At the half-way mark, Mr. Obama has yet to make much news.” In the meantime, Obama has been trying to explain, in part using the press and in part going over the heads of the press, why what he’s trying to do with his budget will address the source of their concern about their futures. Where’s the fun in that?
  • All Ears: Dancing with the Scars (Emotional Ones) – Photo Credit: Seth Anderson
  • Beer drinkers could purchase direct from local breweries under compromise plan | Texas Watchdog – Shiner beer photo by flickr user swanksalot, used via a Creative Commons license.

Dance

Dance
Dance, originally uploaded by swanksalot.

West Loop sign, for a dance studio, surprisingly. I don’t know why exactly, but I like the type face. Boeing Headquarters in the background.

Republished with partial credit (no link to the correct page)

http://blogs.webmd.com/all-ears/2009/03/dancing-with-scars-emotional-ones.html

More Satchmo

More Satchmo is a good thing, an essential thing, in fact.

After virtually inventing the lexicon for jazz soloists with his epochal Hot Five and Hot Seven recordings, Louis Armstrong set up shop at Decca Records in the mid-thirties. The Armstrong Deccas have not fared as well as their forebears, having been knocked about on compilations of dubious legality and dogged by various aspersions—mainly, that Armstrong had become a puppet for his manager Joe Glaser, who had turned Armstrong into a happy-go-lucky song-and-dance man ready to ham it up on cue.

     But as “The Complete Louis Armstrong Decca Sessions, 1935-1946” (Mosaic Records) attests, Armstrong wasn’t one to be intimidated by his past. The corking take on “Struttin’ with Some Barbecue” makes the Okeh version seem positively weak-kneed, with Armstrong’s big band ripping through the breaks. Armstrong the vocalist is arguably at his apex here, and it was through his vocalizations that Armstrong’s chamber jazz took on a second life as pure pop manna. “On the Sunny Side of the Street” is a glorious hybrid: a mix of Stephen Foster-esque Americana and unprecedented vocal inflections that must have pricked up the ears of Elvis Presley and Bob Dylan. The Decca sessions even venture into hardcore R. & B. terrain, once the drummer “Big” Sid Catlett turns up. A fleeting discographical presence over his career, Catlett was at his best with Armstrong, his offbeat accents on “Baby Won’t You Please Come Home” presaging soul’s infatuation with syncopation.

[From More Satchmo: Recordings: The New Yorker]

Looking forward to my copy of this, once the CD becomes available.