This entire interaction between Penelope Soto, 18, who was arrested on possession of Xanax, and Miami-Dade Circuit Judge Jorge Rodriguez-Chomat rivals Wapner and Judge Judy in its absurdity. The climax is at 2:18 when Soto flips off the judge. "Did you say fuck me?… 30 days in the county jail!" (via NBC Miami)
CakeWrecks reports that a local Safeway bakery has banned all photography in its bakery department, in a desperate, misguided bid to prevent its horrific creations from appearing on CakeWrecks. Safeway employees are to tell potential photogs that its cakes are copyrighted, and may not be photographed.
Today's post requires a special intro, so here's Dara G. to explain:
"My local [CENSORED*] bakery has this new policy - not strictly enforced, but kinda enforced - NO PHOTOS in the bakery department. None, nada. Per an ex-employee there, upper management is afraid that one of that store's specific cakes will be posted on 'that bad cake site.' Per what they tell you in the store, their cakes are 'all copyright protected.'"
(*Store name omitted. Because I care.)
She goes on to say:
"Apparently this new 'no photos' thing came about after y'all had posted their 'Popcorn' cakes on the site."
Faulkner estate claims that quoting his novels in films is both a trademark and copyright infringement —A reader writes, "A character in Woody Allen's Midnight in Paris quoted nine words from William Faulkner, with attribution. Faulkner Literary Rights LLC has responded a year later with a lawsuit alleging copyright infringement and attempts to deceive viewers into thinking Requiem for a Nun is a game for the PS3. Or something." The suit's major claims seem to turn on trademark (though there are copyright claims in there, too): the Faulkner estate claims that a movie that quotes Faulkner and has a character who meets various historical people (including Faulkner) "is likely to cause confusion, to cause mistake, and/or to deceive the infringing film's viewers as to a perceived affiliation, connection or association between William Faulkner and his works, on the one hand, and Sony, on the other hand." — Cory
EU working group produces the stupidest set of proposed Internet rules in the entire history of the human race
An EU working group that's been charged with coming up with recommendations for a terrorist-free European Internet has been brainstorming the stupidest goddamned ideas you've ever read, which are now widely visible, thanks to a leaked memo. The group, CleanIT, which is composed of cops, governments, and some NGOs from across Europe, has been given €400,000 to make its recommendations, and a document dated August 2012 sets out some of the group's thinking to date. As mentioned, it's pretty amazingly bad. Like, infra-stupid, containing strains of stupidity so low and awful they can't be perceived with unaided human apparatus. Here's Ars Technica's summary of the ideas in the memo:
* "Knowingly providing hyperlinks on websites to terrorist content must be defined by law as illegal just like the terrorist content itself"
* "Governments must disseminate lists of illegal, terrorist websites"
* "The Council Regulation (EC) No 881/2002 of 27 May 2002 (art 1.2) should be explained that providing Internet services is included in providing economics instruments to Al Qaeda (and other terrorist persons and organisations designated by the EU) and therefore an illegal act"
* "On Voice over IP services it must be possible to flag users for terrorist activity."
* "Internet companies must allow only real, common names."
* "Social media companies must allow only real pictures of users."
* "At the European level a browser or operating system based reporting button must be developed."
* "Governments will start drafting legislation that will make offering... a system [to monitor Internet activity] to Internet users obligatory for browser or operating systems...as a condition of selling their products in this country or the European Union."
Ars Technica's Cyrus Farivar tracked down a CleanIT spokesman on his home planet. But Klaasen is
the Dutch national coordinator for counterterrorism and security programme manager of the office of the Dutch national coordinator for counterterrorism and security*, and he is really upset that we can read this stupid, stupid document full of recommendations that would be illegal in European law. He also can't believe that European Digital Rights, the NGO that published the leaked stupid, stupid document, didn't honor the confidentiality notice on the stupid, stupid cover-page.
* Update Cyrus sez, "Klaasen has corrected his title calling himself now the 'programme manager of the office of the Dutch national coordinator for counterterrorism and security'. Here's his LinkedIn page. He's referred to as the 'project manager,' which as far as I can tell, makes him in charge of the whole thing."
"I do fully understand that the publishing of the document led to misunderstandings," he told Ars. "If we publish like this, it will scare people—that’s the reason that we didn’t publish it. It’s food for thought. We do realize these are very rough ideas."
..."You can compare [this situation] to taking pictures of what someone buys for dinner with how a dinner tastes—you don’t have the complete picture," he added.
..."We really didn’t expect that people would publish a document that clearly says ‘not for publication’—that really surprised us," he said. "I don’t know if it’s naive. Why can’t I trust people?" [Ed: Oh, diddums]
France's Hadopi finally punishes someone for infringement -- a guy whom everyone agrees isn't an infringer —The French Hadopi agency has prosecuted its first user under the country's insane anti-piracy laws, which provide for disconnection of whole families from the Internet if someone using their connection is accused of multiple acts of file-sharing. The first person to be convicted is a 40-year-old man whose ex-wife admitted to downloading some songs on his connection. The law ascribes blame for infringement to the person with the Internet account, not the person who infringes, so he is paying the €150 fine. He will not have his Internet connection taken away. — Cory
In a rare and welcome moment of sanity, the UK High Court has ruled that guy who made a snarky tweet about bombing an airport is not a criminal. The judge's written opinion is not kind to the cops and prosecutors who spent years chasing Paul Chambers, the tweeter in question, pointing out that no one at any point believed that Chambers was serious, that no one was credibly alarmed, and that they were all, basically, total idiots. Wired UK's Mark Brown has more.
"Crap! Robin Hood airport is closed," his infamous tweet read. "You've got a week and a bit to get your shit together otherwise I am blowing the airport sky high!"
A week later, he was arrested by anti-terror police for making a bomb threat. In May 2010, the Doncaster magistrates court found him guilty "of sending, by means of a public electronic communications network, a message of a menacing character." He was fined and lost his job.
After a lengthy appeal process, Chambers has finally been acquitted. In the judgement document, the high court said, "the appeal against conviction will be allowed on the basis that this tweet did not constitute or include a message of a menacing character; we cannot usefully take this aspect of the appeal further."
London Olympic committee says you're only allowed to link to their site if you have nice things to say
James Losey from New America Foundation sez,
"a. Links to the Site. You may create your own link to the Site, provided that your link is in a text-only format. You may not use any link to the Site as a method of creating an unauthorised association between an organisation, business, goods or services and London 2012, and agree that no such link shall portray us or any other official London 2012 organisations (or our or their activities, products or services) in a false, misleading, derogatory or otherwise objectionable manner."
Hey, LOCOG! I think you're a bunch of greedy, immoral corporatist swine who've sold out London to a bunch of multinationals and betrayed the spirit of athleticism and international cooperation. You're a disgrace. And I'm linking to you. In a most derogatory manner.
What are you going to do about it?
How stupid is Charles Carreon's lawsuit against The Oatmeal, IndieGoGo, the American Cancer Society and the National Wildlife Federation? Really, really stupid
Regular readers of Boing Boing will know that Charles Carreon is a lawyer hired by the humor-aggregating website FunnyJunk to send a letter to the webcomic The Oatmeal, demanding $20,000 and threatening a defamation suit (over The Oatmeal's year-old post about FunnyJunk's unauthorized use of his comics, and their bad behavior when this was pointed out to them) unless payment was made.
You will also know that Matthew Inman, creator of The Oatmeal, responded with a funny, insulting letter to FunnyJunk and Carreon, and a vow to raise $20,000 for charity, and to remit a photo of Inman standing with the money, along with a comic depicting FunnyJunk's owner's mother trying to seduce a bear in lieu of payment.
You will also know that Carreon proceeded to provoke Internet-wide outrage by threatening to have the fundraiser (which was hugely successful, to the tune of over $200K) shut down, along with IndieGoGo, the site on which it was hosted. And that he made good on that threat by filing suit against Inman, the Oatmeal, IndieGogo, the American Cancer Society, and the National Wildlife Federation.
Now, Ken at Popehat, a former US federal prosecutor, has obtained a copy of the complaint, and has made a detailed analysis of it. From his reading, it appears that Carreon has made a number of really dumb errors (besides the obvious dumb error of picking a fight with the whole Internet). In his usual entertaining fashion, Ken gives us the details, at some length (amazingly, this is only the tip of the iceberg, as Ken is apparently withholding the really juicy stuff for use in the courtroom).
Sweet Charity: Mr. Carreon's theory of how California charity law governs the defendants is wholly harebrained. As but one example: Mr. Carreon asserts that California Government Code section 12599 controls The Oatmeal, even though that statute by its own terms applies to "any individual, corporation, unincorporated association, or other legal entity who for compensation" engages in fundraising in California — professional telemarketers and fundraisers, in other words. In a similarly wrong-headed or deliberately deceptive vein, Mr. Carreon claims that Government Code section 12599.6(b) requires charities like the ones he has sued here to "exercise and establish control" over "all fundraising activities conducted by others for their benefit." Except that's not what Government Code section 12599.6 says at all. It says "A charitable organization must establish and exercise control over its fundraising activities conducted for its benefit, including approval of all written contracts and agreements . . . ." Mr. Carreon made up the part requiring charities to police fundraising they don't control themselves or contract out. That's why if your kids sell lemonade in order to donate the proceeds to save the pandas, the World Wildlife Fund doesn't have to come and proofread their signs and make sure that they aren't misstating the ingredients of the snickerdoodles or coercing the Jenkins kid up the block to buy seconds.
True Versus Truthy: Mr. Carreon makes a number of factual assertions that appear to play rather fast and loose with the requirements of Rule 11, cited above. Take, for example, his claim in paragraph 37 that "Mr. Inman's stated intention is to turn over only $20,000 of the amount raised by the Bear Love campaign" to the charities. Mr. Carreon's own exhibits show that he is lying. Mr. Inman said that he was trying to raise $20,000 (at the time of this writing he has exceeded ten times that) and that he would donate half to one charity and half to the other. Later, when results far exceeded expectations, Mr. Inman posted an update, saying "a lot of people have been asking what I plan to do with the extra money we raised over the initial $20,000. 100% of it is going to charity. I’m going to add 2 more charities to the list, in addition to the ACS and the NWF." Mr. Carreon also implies falsely in paragraph 30 — as he has stated falsely to the media — that the bear-loving mother Mr. Inman drew was meant to be Mr. Carreon's mom, when in fact the post makes it perfectly clear that the statement is directed a FunnyJunk, a web site that does not actually have a mother (unless, perhaps, its mother is AOL).
Twitter's #freebyron hashtag is alive with the news that Byron Sonne, the Toronto-area security expert who was incarcerated and treated as a terrorist for pointing out and making fun of the security flaws in the $1.2B security scheme for the Toronto G20 summit, has been found Not Guilty on all counts.
A moment of sanity from the Canadian judicial system, and all it cost was Sonne's marriage, house, and freedom.
Black-light acrobats Fighting Gravity send trademark threat over unrelated fantasy novel called "Fighting Gravity" —That Neil Guy sez, "Writer Leah Petersen received a Cease and Desist notice. Seems the title of her debut novel, Fighting Gravity, is also the name of a live performance group that appeared on America's Got Talent. As Leah writes on her blog, the claim is that 'the title of my science fiction novel about a couple of teenage guys in a romantic relationship is an infringement on the trademark for their black-light, gravity-defying illusion performance group.' Now she gets to pay for a lawyer. Lucky her."
Update: And it's off: "Fighting Gravity To Leah Peterson and her fans: Disregard the cease and desist letter that was issued by our lawyers. Although imitation is the sincerest form of flattery, some people have taken that too far and we have had to deal with it. By no means is Leah Peterson one of those people, our lawyers were just doing their jobs and trying to protect our name and trademark. We wish the best for Leah and hope her book becomes a great success! " — Cory
Richard Clark: the President should create customs inspections for data leaving American cyberspace —Zartan sez, "This might be the single stupidest thing I've read all year. Richard Clark advocates that the president take action to 'increase cyber security' in the absence of congressional action, including literally hilarious (if not so scary) ideas like the following: 'If given the proper authorization, the United States government could stop files in the process of being stolen from getting to the Chinese hackers. If government agencies were authorized to create a major program to grab stolen data leaving the country, they could drastically reduce today’s wholesale theft of American corporate secrets.' 'Under Customs authority, the Department of Homeland Security could inspect what enters and exits the United States in cyberspace... And under the Intelligence Act, the president could issue a finding that would authorize agencies to scan Internet traffic outside the United States and seize sensitive files stolen from within our borders.' I would love to know how he would propose Homeland Security could 'inspect' what is leaving the US in 'cyberspace' and 'seize' sensitive files outside our borders. Unfortunately this guy is somewhat influential." — Cory
If you're on parole, don't steal a judge's office-door nameplate (If you do, don't pose with it on Facebook)
21-year-old Steven Mulhall cut a Spicolian caper when he stole the nameplate off a judge's courthouse office-door, then posed with it for a photo, which his romantic ladyfriend posted to Facebook. It was discovered by a law enforcement professional, who took the fellow into custody.
Adding to the stupidity quotient, Mulhall did this while already on parole for theft. "The nameplate is [worth] only $40, not that big of a crime, but what an idiot," said Sheriff Al Lamberti. "Here he is flaunting it on Facebook. He violated the terms of his parole by stealing, from a judge no less. He's got multiple convictions for petty theft, so now this is a felony." Lamberti said the plate would be "returned to the rightful owner," who, again, is a judge.
Lamar Smith (R-TX), author of the ill-starred SOPA Internet regulation, has an even dumber idea for the Internet. In the name of fighting child pornography, he wants to force ISPs to log everything you do online, then make it available to police and government agents without a warrant. Leslie Meredith has a writeup on the mounting opposition to Smith's latest act of unconstitutional lunacy:
However, under Smith’s bill, records of both suspects and ordinary citizens would all be available to any government agency at any time, no warrant required.
"This type of legislation goes against the fundamental values of our country where individuals are treated as innocent until proven guilty," Reitman said. "H.R. 1981 would uproot this core American principle, forcing ISPs to treat everyone like a potential criminal."
The bill has been forwarded from committee to the full House of Representatives for consideration, which is expected later this year. There is no sign of a Senate version at this time.
If the past is any indicator, Smith may be in for a hard fight with activists. He was also sponsor of the Stop Online Piracy Act (SOPA) bill that would have shut off access to foreign websites accused of hosting pirated content. But he was forced to withdraw the legislation after massive protests by many of the same opponents who likewise thought the remedy was too harsh for the problem.