JustZ
@JustZ@lemmy.world
- Comment on OpenAI's move to allow generating "Ghibly stlye" images isn't just a cute PR stunt. It is an expression of dominance and the will to reject and refuse democratic values. It is a display of power 3 weeks ago:
That’s already the case. There would be two copyrights for a cartoon for Donald duck, and possibly, in fact likely, many others.
A copyright is essentially a right of enforcement. You don’t have to register anything or file anything in order to gain that right. It’s a right to sue someone to enjoin further use and potentially to recoup money damages if you can prove loss.
The standard for whether something is copyrightable at the outset is whether it is the product of a modicum of creativity, and reduced to a tangible medium of expression.
So far one cartoon of Donald duck, each drawn frame of the show would have its own copyright. Also, the character would have a copyright. The dialogue of the script would have another copyright. And the test for whether a particular character is something that can be copyrighted is to ask whether the character is separable from the overall work and whether the character is “well delineated.”
Donald duck is certainly the product of creativity, it is reduced to a tangible medium of expression when it is drawn on paper, and it is the main character of the show and has its own personality and behavior. So it is pretty clearly of deserving protection. Although at this point in time, I believe some of Disney’s earliest characters are now in the public domain, Even Mickey mouse, which people like my IP professor in law school said was never going to happen. This is because I believe in 1984 there was a law called the copyright act of 1984 but was colloquial referred to as the Mickey mouse copyright act. It was championed by Sonny Bono, who I believe was friends with Walt Disney personally, and which many said had the sole purpose of extending Mickey mouse’s copyright for another 25 years or whatever it was. My memory is a little fuzzy on this. My professor figured that Disney was such a powerful institution that anytime Mickey mouse was about to fall into the public domain, Congress would stop it.
A doctrine sort of related to your question is called scen a faire. It is a French phrase which I have no doubt spelled wrong because I am on mobile. It means that elements essential to a scene of the kind which would be common to all scenes of that type, are not copyrightable. So this would include some background characters such as those that, despite being drawn in a creative way, are more so the product of the scene itself rather than any creativity. For example, if there is a scene in a cartoon where the character gets onto a train and hands the ticket to a ticket taker, the ticker taker character is probably not copyrightable.
- Comment on OpenAI's move to allow generating "Ghibly stlye" images isn't just a cute PR stunt. It is an expression of dominance and the will to reject and refuse democratic values. It is a display of power 3 weeks ago:
Thanks for that explainer. I thought the verbiage in the article was a little over the top.
However there is a point at which the “style” of the art is the thing that is copyrightable, sort of by implication.
The standard for proving a copyright violation where a defendant claims a transformative use or a derivative work is “substantial similar.”
For as long as I can remember that includes the overall presentation of the work, and it’s hard to describe that as anything other than a “style.”
The article draws a comparison that allowing copyright protection for styles would be like allowing copyrights for entire genres. I don’t think that’s right. Nobody could copyright all “landscape paintings” as a genre, but look at landscape works by Katsushika Hokusai, and that style, to me, is creative enough to warrant protection, if it were made originally in America today and not already in the public domain. And he didn’t invent woodblock prints or even woodblock prints of landscapes, but the way he did it is so unique as to be insperable from the copyrighted work itself and arguably deserving of protection simply for its advancement of the art.
If you made a woodblock print in the same style but used it to portray a scene typical in anime, rather than a landscape, that’s clearly transformative and derivative, but not substantially similar. If you use the style to make prints of waves breaking around Mt. Fuji, that’s substantially similar. So like, as to dude’s anime style, if you use the same style to make landscapes, certainly that’s not infringing, as it’s not substantially similar.
I also don’t see the threatening outcome the author suggests as worrisome. There are still exceptions for blatant copying that apply, mainly parody and fair use.
- Comment on Airbus previews next-gen airliner with bird-inspired wings 3 weeks ago:
Never heard it called the birch bitch.
- Comment on Airbus previews next-gen airliner with bird-inspired wings 3 weeks ago:
Lol.
- Submitted 3 weeks ago to technology@lemmy.world | 52 comments
- Comment on I have no proof but also no doubt that all of Musk's lackeys at DOGE talk exactly like Ben Shapiro. 4 weeks ago:
Some, I assume, are good people.
- Comment on Hey, do americans just want to take a break from normal politics for a bit and focus all our efforts solely on the wild boar problem? 4 weeks ago:
Those are ones in captivity, for food.
- Comment on With every exhale, we're smelling the inside of our lungs. 4 weeks ago:
They e gone nose-blind and smell-deaf.
- Comment on Why I recommend against Brave. 4 weeks ago:
God damnit.
Every browser I switched to since Firefox has been a good user experience, and then I find out some horrible bullshit.
Is there any safe browser that isn’t run by hateful assholes?
- Comment on Internet forums are disappearing because now everything is Reddit and Discord. And that's worrying. 4 weeks ago:
For real I’m here to sing songs.
- Comment on Judge disses Star Trek icon Data’s poetry while ruling AI can’t author works 5 weeks ago:
What a strange and ridiculous argument.
You fight with what you have.
- Comment on What would happen if the Supreme Court sent a US Marshall to arrest a member of the executive branch? 5 weeks ago:
28 USC Sec. 566
(a)It is the primary role and mission of the United States Marshals Service to provide for the security and to obey, execute, and enforce all orders of the United States District Courts, the United States Courts of Appeals, the Court of International Trade, and the United States Tax Court, as provided by law.
(b) The United States marshal of each district is the marshal of the district court and of the court of appeals when sitting in that district, and of the Court of International Trade holding sessions in that district, and may, in the discretion of the respective courts, be required to attend any session of court.
©Except as otherwise provided by law or Rule of Procedure, the United States Marshals Service shall execute all lawful writs, process, and orders issued under the authority of the United States, and shall command all necessary assistance to execute its duties.
This codified the common law in the US.
The Court’s order to its district marshal is superior to any DoJ order. If the marshal won’t act, the Court can conpel them into court and hold them in contempt.
Courts (and marshals) can also deputize people to execute their orders. They can also hold others in contempt who contribute to orders not being followed…they can start seizing and freezing assets of Trump’s helpers; they can award money damages as sanctions, they can disbar attorneys. There’s a lot they can do. I hope the courts start playing hard ball with these lawless fucks.
- Comment on Brother Says It Was Falsely Accused Of Bricking Printers That Use Cheaper Third-Party Ink Cartridges 5 weeks ago:
Same. Updated firmware today.
- Comment on China will enforce clear flagging of all AI generated content starting from September 5 weeks ago:
Meanwhile best we can do in America is hide tracking dots in every color printer.
- Comment on Digg is about to be rebooted. Thoughts? 1 month ago:
Leave Facebook. Nobody will notice. If anyone does notice, text them the pics.
- Comment on Opening Lemmy in the morning and seeing dozens of unread comments in your inbox makes you think: what the heck did I say yesterday? 1 month ago:
Hexbear is left wingers, so they say. Just vehemently anti American. Russia is their ultimate hero. It’s co.pletely contradictory. Saw one today arguing that Alexis Nolvany was a secret Nazi and got himself killed. And God damn, do they hate Vladimir Zelensky; he’s a Nazi dictator despite being popularly elected in an election that all observers found free and fair, and despite living a fairly modest lifestyle; and that’s in contrast to Putin, despite Putin living in multiple billion dollar secret bunker mansions guarded by the military and being president for life thanks to what all international observers agree are sham elections.
- Comment on Opening Lemmy in the morning and seeing dozens of unread comments in your inbox makes you think: what the heck did I say yesterday? 1 month ago:
I hear there was four. One of them is ultra rare.
- Comment on Opening Lemmy in the morning and seeing dozens of unread comments in your inbox makes you think: what the heck did I say yesterday? 1 month ago:
Hornets? More like gnats or midges. Worst case, they tickle your skin a little or maybe you breath one in and cough it out onto the floor. They certainly do not sting. You can only even see them in the right light.
- Comment on Opening Lemmy in the morning and seeing dozens of unread comments in your inbox makes you think: what the heck did I say yesterday? 1 month ago:
people writing long essays about how pineapple on pizza is justification for bringing back shock treatment.
I’m here for the essays. To read them…and to write them.
Have to get it out of my brain.
- Comment on Opening Lemmy in the morning and seeing dozens of unread comments in your inbox makes you think: what the heck did I say yesterday? 1 month ago:
I use Jerboa client on Android. It feels very much like the Reddit is Fun app.
There are rich text buttons at the bottom of the new post field. One is a photo icon, click that and it takes you to your photo/file browser to select a pic.
Here’s a pic I took of Earth’s bff, la Luna.
- Comment on I'm looking to buy something like a reverse wheelbarrow, what do I call that? 1 month ago:
Yeah no doubt but OP said this in reference to “scaling up with more weight” and in reference to moving things around, so there are practical size limitations on how long the wheelbarrow/lever can be and how much a person’s arms can lift. You wouldn’t use a wheelbarrow to move a pallet of stone without custom building some freakishly large pallet moving wheelbarrow to act as a massive lever, but you could certainly move a little bit of stone at a time with a store bought wheelbarrow. Assuming normal size implements, for the pallet, a person isn’t strong enough to not need four wheels. You might make a very long lever with the right balance and be able to lift the stone pallet and move it a few feet at a time, before resetting the fulcrum and moving the load again, a few more feet, and you could move the load with just one finger, easily, as you suppose, but in no way would it be more practical than using a four-wheel pallet jack of normal size. I’m not a physics guy so I’m sure I’m not explaining this as clearly as someone more versed might and I agree there are times when it’s easier to pull, such as pulling a dolly up a flight of stairs or over curb; I guess I’m assuming we’re talking about moving a load along the average ground where you can get the proper angle.
For OP, check the Worx Aerocart, 8 in 1.
- Comment on I'm looking to buy something like a reverse wheelbarrow, what do I call that? 1 month ago:
When you tow something the pulling force has to be down low, aligned with the load, to make it efficient. With the human body, given the height of your hands, it will always be easier to push a load than to try and tow it. The angular force when pushing a wheelbarrow, along with the weight of your body, helps the wheelbarrow along. If you turn around and try to pull it, your body takes that angular force instead of the front wheel. Like, instead of the lever and wheel doing the work, you have to not just move the load along, but lift it too. In short, there’s a reason why you can’t find something like this. It’s the same reason that why you look at wagons or pull carts, the handle is connected as low to the load as possible, and may likely have an angle built into it, also the same reason why flatbed type push carts say right in them “push, don’t pull.” Same with wheelbarrows. In short, you’re going to hurt yourself.
Your post doesn’t make sense. “A four wheel cart doesn’t scale well when compared to the rickshaw design”? Given that a four wheel design spreads the weight to four wheels instead of just two, four wheels can obviously move more weight more easily than two.
As above, especially in uneven surfaces, pushing is easier than pulling given that angular force is reversed (pushing the wheel over a bump and using the angular force to help rotate the wheel versus lifting the load up over the bump using your body whilst pulling). No question.
- Comment on How do you feel about someone taking the coins people tossed into a fountain or other public waterworks display for "wishes?" 1 month ago:
I feel great about it, nice way to cool off on a hot day.
- Comment on r/conservative endorsing the current DNC strategy. This is like letting Russia develope Ukraines military strategy. 1 month ago:
Such bullshit. Dude was always a racist fuck, no doubt.
- Comment on Does it make sense to buy a lifetime supply of honey? 1 month ago:
Lifetime supply of honey for me is one fairly small jar, except that one time I had a weird craving for honey in the comb, so I ordered a square of it and ate it like a sandwich. I guess I saw bears doing it and thought it looked tasty.
- Comment on dear republicans, what's the point of alienating every single ally of the US? 1 month ago:
When we spend money in other countries, we are spending it on Americans. When free people thrive, America wins. When people around the world have stable governments that at least try to look out for their own people, America wins. Even if 49% of it is wasted to fraud and abuse, we’re still coming out ahead: the only Americans who have lived through a draft are in their 60s, and a nuclear attack in their 80s.
This hedgemony has staved of world war three and nuclear war for 75 years, and kept the world a relatively stable and safe place for virtually everyone.
Even if you completely disagree with me, and feel like voting for conservatives is the better alternative, two facts completely undermine that decision. First, the times America has failed to live up to its ideals or faltered in its highest pursuits have been exclusively presided over by conservatives. Second, the number of times conservatives have cut spending and passed the savings on to the 99% is exactly zero, but their track record of increasing spending while only significantly cutting taxes for the 1%…is 100%. And, as a bonus fact, this the wealthiest nation ever to exist in the history of the world. The diea that we can’t afford to help Americans and keep up our global spending is meritless, for example, we could eat like three billionaires and end global hunger, provide healthcare and education to every American.
- Comment on What would happen if Punxsutawney Phil comes out, and immediately dies? 1 month ago:
It would be just his catastrophic as the last time this happened, when [REDACTED].
- Comment on What would happen if Punxsutawney Phil comes out, and immediately dies? 1 month ago:
I like this joke.
- Comment on What would happen if Punxsutawney Phil comes out, and immediately dies? 1 month ago:
Whoosh.
- Comment on Mozilla is already revising its new Firefox terms to clarify how it handles user data 1 month ago:
Balls.
