huiccewudu

joined 1 year ago
[–] [email protected] 3 points 1 week ago* (last edited 1 week ago)

You are correct: the ruling simply affirms the plaintiff's claim against IA.

Any out-of-copyright and non-copyright items, as well as items with permissive terms (e.g., Creative Commons licenses) will still be available on IA. Previously, the plaintiff Hachette offered a deal that IA rejected, in which IA would be allowed to make digital copies of Hachette texts that are either out-of-print titles, or titles for which digital copies have never been produced.

Right now, it's up to Hachette and the other publishers affected in the case whether that offer is still available.

edited: hyphens.

[–] [email protected] 24 points 1 week ago* (last edited 1 week ago)

I definitely don’t like the obnoxious copyright system in the USA, but what the IA did seems obviously wrong.

The publisher-plaintiffs did not prove the "obvious wrong" in this case, however US-based courts have a curious standard when it comes to the application of Fair Use doctrine. This case ultimately rested on the fourth, most significantly-weighted Fair Use standard in US-based courts: whether IA's digital lending harmed publisher sales during the 3-month period of unlimited digital lending.

Unfortunately, when it comes to this standard, the publisher-plaintiffs are not required to prove harm, rather only assert that harm has occurred. If they were required to prove harm they'd have to reveal sales figures for the 27 works under consideration--publishers will do anything to conceal this information and US-based courts defer to them. Therefore, IA was required to prove a negative claim--that digital lending did not hurt sales--without access to the empirical data (which in other legal contexts is shared during the discovery phase) required to prove this claim. IA offered the next best argument (see pp. 44-62 of the case document to check for yourself), but the data was deemed insufficient by the court.

In other words, on the most important test of Fair Use doctrine, which this entire case ultimately pivoted upon, IA was expected to defend itself with one arm tied behind its back. That's not 'fair' and the publishers did not prove 'obvious' harm, but the US-based courts are increasingly uninterested in these things.

edited: page numbers on linked court document.

[–] [email protected] 2 points 2 weeks ago

What an experience!

The F-22 impressed us. In this photo, it is flying over the lake, which when compared to objects in the foreground shows how big it is. In the second photo, it flew vertically upward, was suspended for a moment to light off two flares, and briefly dropped line a stone before pulling out again. Dramatic stuff. These redditors have a bit more context on the significance of it flying here.

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submitted 2 weeks ago* (last edited 2 weeks ago) by [email protected] to c/[email protected]
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submitted 4 weeks ago* (last edited 4 weeks ago) by [email protected] to c/[email protected]
 

Source: https://archive.org/details/she-sells-swell-spells-hwln-04-022

Full-size image (3800x3800): https://ia801506.us.archive.org/4/items/she-sells-swell-spells-hwln-04-022/HWLN-04-022.JPG

Medium: Watercolor and acrylic paint on watercolor paper (8"x 8")

 

Check the link for a full-size version (3600 x 4800).

 

This notice was found last summer (July 2023) on St. Clair W., after the Salsa on St. Clair festival.

[–] [email protected] 2 points 8 months ago

We were inspired by your recent photos. We'll post more.

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submitted 8 months ago* (last edited 8 months ago) by [email protected] to c/[email protected]
 

Photo taken from the west side in late December 2023.

 

Made using discarded parking tickets, among other things. More images here: https://archive.org/details/lawful-evil-hwmb-03-009

 

There are so many local names for this insect: water strider, water skipper, water skimmer, water bug... got any more?

[–] [email protected] 5 points 1 year ago (1 children)

This broadcast is not official. Here's a RadioReference forum post with the technical details re: how someone can monitor the TETRA system that TTC uses to communicate across its network. This broadcastify feed is picking up the signal from the Birchmount location/frequency.

 

If you ever want more info about a transit delay than what you get from official communications, or if you want a better sense of daily issues on trains and buses (most of which are never reported to the police/press), check out this unofficial feed: https://www.broadcastify.com/listen/feed/31629

Here's a 1-minute video showing the Transit Control centre where many of these calls are received: https://www.youtube.com/watch?v=KQoKVmNJlSs

 

Our most productive plant is K. laetivirens, an unusual succulent that yields many plantlets around the edges of its leaves. There are varieties: ours is bright green, resilient, and likes small pots.

We grew a large one (to truly become a mother of thousands). We cultivate its many plantlets in glass pots and anonymously leave them for others in our neighbourhood in Toronto.

More photos of adopted plantlets, etc.

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