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The Daily Mail Stole My Visualization Twice

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Re: The Daily Mail Stole My Visualization Twice

#51
post #27

I use this plugin (also available for Chrome) to redirect to pictures of tea and kittens should I accidental click on a Daily Mail link. https://addons.mozilla.org/en-GB/firefox/addon/kitten-block/

This review has made my day.

https://addons.mozilla.org/en-GB/firefox/addon/kitten-block/...

Re: The Daily Mail Stole My Visualization Twice

#52

What does the law say about putting a license on use of things like this "Embedding this content into your site without written permission from the author will involve a £100000 fee for it's use. You agree by embedding this content that you abide by these terms." Is something like this enforceable?

> Is something like this enforceable?

No, it's not, because 1) the user never agreed to the license, 2) a license by definition cannot cover unlicensed uses. Unlicensed uses are dealt with by statute, not by a licence agreement, so it would be up to a court to decide how much to reward you.

Note that for 1) without a written agreement you can't specify additional license terms beyond the usual statutory rights. Licenses and contracts have very different requirements for what makes them valid, the bar is set much higher for licenses.

Re: The Daily Mail Stole My Visualization Twice

#53

Earlier quoted context omitted.

Is something like this enforceable? We'd better hope the general principle isn't, because otherwise every search engine, social networking site, traffic aggregator and directory service on the web is about to spend the rest of its very short existence fighting off lawsuits.

I suppose, maybe if you don't have a licence on things it's fair game, but I know the Daily Mail has ripped off Creative Commons Attribution-NonCommercial Licenced works.

On the contrary: if you don't have a licence on things, the default assumption should be that the copyright holder has given no permission, just as when the author of the article here didn't respond to a question sent in the middle of the night, that was not a grant of permission to do whatever the person asking wanted.

The complication with web sites is that there is inevitably some level of implied consent: if you put a site up and someone visits it normally, they are technically making various copies of your work along the way, without necessarily having any explicit permission from the rightsholder to do so. This is where lawyers argue technicalities about everything from hot-linking to uploading or downloading the latest Hollywood movie.

Re: The Daily Mail Stole My Visualization Twice

#54
post #35

What does the law say about putting a license on use of things like this "Embedding this content into your site without written permission from the author will involve a £100000 fee for it's use. You agree by embedding this content that you abide by these terms." Is something like this enforceable?

I think the problem with this, like with most routes that involve a lawyer, is that this isn't about being enforceable or not, but whether you can actually pay in time and money to try to enforce it. That's why typically only companies try to enforce licenses. The author said that even writing the blog post was hard because he had not much time to spare. Imagine what it would cost if you sue and demand a newspaper li…

I haven't thought much about this but I wonder if a possible way around the problem is for multiple victims to pull resources and combine their cases against a single offender.

Someone would have to invest the time to create some structure to help the victims find each other but it should cost little to no money.

A lawyer might even find it lucrative to do this? It's like the advertisements I see asking if I've ever taken some drug or something if so I can join a class action law suit.

Re: The Daily Mail Stole My Visualization Twice

#55
post #27

I use this plugin (also available for Chrome) to redirect to pictures of tea and kittens should I accidental click on a Daily Mail link. https://addons.mozilla.org/en-GB/firefox/addon/kitten-block/

It would be nice if this plugin could be configured to do the same for a list of websites, and not just the Daily Mail.

Re: The Daily Mail Stole My Visualization Twice

#56
post #35

Earlier quoted context omitted.

I think the problem with this, like with most routes that involve a lawyer, is that this isn't about being enforceable or not, but whether you can actually pay in time and money to try to enforce it. That's why typically only companies try to enforce licenses. The author said that even writing the blog post was hard because he had not much time to spare. Imagine what it would cost if you sue and demand a newspaper li…

What if you just start invoicing their AP department?

Oh, that's interesting. What if included in the site, article, and as a comment surrounding the "poop. stolen." alert, were the licensing terms for those not granted explicit permission? Say, a $0.01 a view, or some such? Your compensation for their stealing your article might be quite handsome, likely enough at least to get a lawyer involved based on a shared percentage of recouped licensing fees. I imagine it would be fairly easy to prove, given all the locations the licensing information was available, including right next to the manual editing the employee had to do to get it to work on their site.

Re: The Daily Mail Stole My Visualization Twice

#57

I can't help but think that it would make sense for Mr. Yau to either (a) Change the server setting to emit the X-Frame-Options: DENY header or (b) monetize views on his graphic. In general, you can't assume people won't deep-link your content, and that includes embedding. Taking steps to protect against or take advantage of traffic spikes is the responsibility of a content provider. This, of course, wouldn't protect…

Not sure why you're getting downvoted so heavily. X-Frame-Options would help. At the very least, it would have forced DM to steal his previous visualization instead of having him foot the hosting costs.

It's basically his "poop" solution except properly done, and scales to all of his content instead of having to be a one-off.

Re: The Daily Mail Stole My Visualization Twice

#58
post #35

Earlier quoted context omitted.

I think the problem with this, like with most routes that involve a lawyer, is that this isn't about being enforceable or not, but whether you can actually pay in time and money to try to enforce it. That's why typically only companies try to enforce licenses. The author said that even writing the blog post was hard because he had not much time to spare. Imagine what it would cost if you sue and demand a newspaper li…

I haven't thought much about this but I wonder if a possible way around the problem is for multiple victims to pull resources and combine their cases against a single offender. Someone would have to invest the time to create some structure to help the victims find each other but it should cost little to no money. A lawyer might even find it lucrative to do this? It's like the advertisements I see asking if I've ever…

That is pretty much what a class action suit is, but there has to be some realistic expectation of money at the end (or a deep principle the lawyers care about) for anyone to take it on.

Finding each other is cheap, structuring such a case isn't.

Re: The Daily Mail Stole My Visualization Twice

#59

A few years ago the Daily Mail ran an article about a visualization I made. They obeyed my CC license, so I have no complaint as serious as Yau's. But the article was just full of errors, including spelling my name wrong in three different ways. I wrote the article author and pointed out all the errors and he responded "No copy editing! It's a tight budget." The Daily Mail truly doesn't give a shit. About quality, ab…

The free market in action, I suppose.

Re: The Daily Mail Stole My Visualization Twice

#60

Earlier quoted context omitted.

I suppose, maybe if you don't have a licence on things it's fair game, but I know the Daily Mail has ripped off Creative Commons Attribution-NonCommercial Licenced works.

On the contrary: if you don't have a licence on things, the default assumption should be that the copyright holder has given no permission, just as when the author of the article here didn't respond to a question sent in the middle of the night, that was not a grant of permission to do whatever the person asking wanted. The complication with web sites is that there is inevitably some level of implied consent: if you…

The copies made during visiting a website are treated as "incidental" copies under the law. What matters is that the author has decided to publish their work and that you are viewing their publication. Of course if you start duplicating their publication for your own ends, then it stops being incidental.
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