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Multiple Beverly Hills PD officers now weaponizing copyright against streaming

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Re: Multiple Beverly Hills PD officers now weaponizing copyright against streaming

#221

Earlier quoted context omitted.

All of what you have described is entirely legal.

So what you are saying is, the police officer should start following that provocateur around on his day off with a camera? Film the guy who is filming the police officers! I like it!

No, that's a complete misunderstanding of the law on this.

If you antagonize and film a police officer while they are off-duty, that is inappropriate; potentially stalking and harassment. Same in the other direction. The courts have thus far determined there are specific rights to filming police while engaged in their duties; not just for press, but for citizens in general.

Filming: https://en.wikipedia.org/wiki/Glik_v._Cunniffe

Antagonizing: https://www.wired.com/2013/01/flipping-off-cop-case/

Re: Multiple Beverly Hills PD officers now weaponizing copyright against streaming

#222

They're not weaponizing copyright, they're weaponizing Instagram's copyright-infringement-avoidance filter. HN really should look into their headline editing policy, because it really does change the context of the conversation in this instance.

The videos are still up on the person’s Instagram account, from which he sells anti-cop merchandise. As far as I can tell, there hasn’t been a copyright removal. It appears the police were tired of being followed by this guy trying to provoke them to promote his Instagram and associated merch.

pragmaticpulp> The videos are still up on the person’s Instagram account, from which he sells anti-cop merchandise.

I read what you typed, you brown-nosing piece of shit.

It's perfectly okay for citizens to record the state depriving citizens of their right to life, liberty and the pursuit of happiness, you brown-nosing piece of shit.

It's already been established that the state can lie to citizens. You brown-nosing piece of shit.

The problem is when the state interferes with citizens exercising their rights, you brown-nosing piece of shit.

Citizens can say whatever they want, whenever they want. Full stop. They have to face the consequences of their actions afterwards. You brown-nosing piece of shit.

The problem, you brown-nosing piece of shit, is that the cops know there is no way for their actions to be held against them. So they abuse the rules the corporations have created to make sure citizens can't exercise their God-given rights. You brown-nosing piece of shit.

I'm not even sorry about my language, you brown-nosing piece of shit. You, and the people excusing the bad apples in the police barrel, are the problem. You brown-nosing piece of shit.

Re: Multiple Beverly Hills PD officers now weaponizing copyright against streaming

#223
post #5
post #3

Earlier quoted context omitted.

It's interesting to me that the discussion appears focused on copyright issues, rather than what seems like a potential First Amendment violation by the police.

But people should have the right to work peace. It should also be a basic human right not to be constantly monitored.

When you put on the uniform and wear the badge, you're accepting some additional powers granted to you by society.You're also giving up some freedoms. I think people should generally be allowed to drink, but I don't think cops should be allowed to drink while on duty.

It is important for a society to be able to monitor the enforcers of the government, i.e. the police. To me, it seems pretty reasonable for people to be able to record the actions of the police in public spaces, so long as its not impeding the ability for the officers to correctly do their job.

Re: Multiple Beverly Hills PD officers now weaponizing copyright against streaming

#224
post #181
post #91

Earlier quoted context omitted.

Cities and counties don’t have sovereign immunity. Sovereign immunity is a holdover from Britain, where you couldn’t sue the ruler or any of their assets. Because states started out viewing themselves as independent countries, sovereign immunity was extended to them by courts. Smaller governments have never had sovereign immunity.

Totally incorrect. The courts didn't and can't grant the States sovereignty. They were sovereign states before entering the union and they relinquished some of their sovereign powers by signing the constitution, but certainly not all of them, or indeed any at all that aren't explicitly enumerated in the constitution.

What I mean to say is that sovereign immunity is part of common law (and thus was extended to the states not by statute but by judges)

Re: Multiple Beverly Hills PD officers now weaponizing copyright against streaming

#225

Earlier quoted context omitted.

Very true! I bet the RRIA is going to get right on filing a suit against that officer.

The officer didn't do anything wrong and just because police are sometimes unreasonable or unethical, it doesn't mean this officer was either. The officer has a right to do whatever he wants with his phone as well. He could be recording with it, or he can play music with it, without recourse. It's his right to life, liberty and the pursuit of happiness that protects him, not the constitution or being an officer. If s…

This is the dumbest possible take.

Re: Multiple Beverly Hills PD officers now weaponizing copyright against streaming

#226
post #212

Earlier quoted context omitted.

> Totally incorrect. The courts didn't and can't grant the States sovereignty. They were sovereign states before entering the union and they relinquished some of their sovereign powers by signing the constitution The original 13 colonies, Vermont and Texas were all independent sovereign states before joining the United States as states. However, the other 35 states were federal territories to which Congress granted s…

I wondered if we'd see this quibble. The constitution explicitly says that the newly created states are "on an equal footing with the original States in all respects whatever" which obviously means they must have the same sovereignty. Yes, nearly all of the subsequent states after the first thirteen came into existence as sovereign states and joined the union simultaneously as part of a single process, but those rema…

Are they really sovereign though?

Consider Brexit. When the UK wanted to leave, the EU said "we are sad to see you go, please reconsider, but if you really want out, we can't stop you". There was some negotiation over the terms of leaving, but there was never any doubt that the UK had the right to do so. And it was always made clear that if agreement could not be reached on the terms of leaving, the UK would leave anyway, under "default" or "no deal" terms that would be rather unsatisfactory to both sides. (Prior to 2009’s Treaty of Lisbon, the EU treaties didn’t officially permit withdrawal, but almost certainly if some state had sought to withdraw pre-2009, they would have amended the treaties to allow it.)

By contrast, the mainstream position is that US states are not allowed to leave – at least not without the consent of the federal level (Congress), and many say it would even require a constitutional amendment (which would mean the consent of most of the other states would be required as well). So there is a very clear sense in which EU member states are sovereign (they are free to leave) but the US states are not (they have to ask permission to leave, which may well be denied.)

The Civil War really settled this when a group of states tried to leave and their attempt was forcibly suppressed. Now, what complicates the matter is their reason for leaving was to protect the utterly odious and reprehensible institution of race-based slavery. But, there is no necessary connection between the issues of slavery and secession, it is just a historical accident the two got linked.

Some people who opposed secession, and supported the Union side in the War, did so primarily because of their opposition to slavery. And if you imagine some alternative history in which a group of states (whether the same group or a different one) seceded over some other more defensible issue, many of those people might have not opposed secession, or at least not so strongly. But, on the other hand, other people who supported the Union side, their primary concern was anti-secessionism rather than slavery, and they would have opposed secession over some other more defensible issue just as strongly. A secession over some other issue might still have led to a civil war, which could easily have had the same anti-secessionist outcome.

Finally, whatever "sovereignty" the US states have is really at the mercy of the Supreme Court. The Supreme Court is free to interpret the notion of "sovereignty" as broadly or as narrowly as it wishes, and a future Supreme Court could even turn it into a dead letter, a purely theoretical notion – and since they appoint the Supreme Court, the President and Senate have the ability in the long-run to influence the Supreme Court's positions. In recent times, the Supreme Court has been majority conservative-leaning, and conservatives are probably somewhat more sympathetic to the notion of "state sovereignty" than liberals/progressives are – but, I think the current conservative majority is mostly just a historical accident, the conservative side got lucky, it has had a liberal/progressive majority in the past and could well again at some point in the future.

Re: Multiple Beverly Hills PD officers now weaponizing copyright against streaming

#227
post #3

This is an evolution of the story that first appeared on HN here: https://news.ycombinator.com/item?id=26082303

It's interesting to me that the discussion appears focused on copyright issues, rather than what seems like a potential First Amendment violation by the police.

The cops didn't take down the videos based on copyright. A company did, but, that is apparently acceptable because companies can sensor whoever they please (or at least that is the common view on hacker news).

Re: Multiple Beverly Hills PD officers now weaponizing copyright against streaming

#228
post #5
post #3

Earlier quoted context omitted.

It's interesting to me that the discussion appears focused on copyright issues, rather than what seems like a potential First Amendment violation by the police.

But people should have the right to work peace. It should also be a basic human right not to be constantly monitored.

Cashiers that make $10 an hour are under more surveillance and public exposure than cops are. And cashiers can't turn off the cameras like cops are able to.

Re: Multiple Beverly Hills PD officers now weaponizing copyright against streaming

#229
post #123

Earlier quoted context omitted.

It might be easier with copyright, since it wont rely on the local prosecutor to do anything, the artist can sue

The copyright holder could sue, which is rarely the artist. In this case it would be Sony.

This would actually fall under a "sync license" which requires approval by both the master rights holder as well as the composition owner which is the artist although it cold be the artist and their publishing company if they have sold shares to them. See "permissions needed" here:

https://musicbusinessmadeeasy.com/understanding-the-music-sy...

Re: Multiple Beverly Hills PD officers now weaponizing copyright against streaming

#230
post #3

Earlier quoted context omitted.

It's interesting to me that the discussion appears focused on copyright issues, rather than what seems like a potential First Amendment violation by the police.

The cops didn't take down the videos based on copyright. A company did, but, that is apparently acceptable because companies can sensor whoever they please (or at least that is the common view on hacker news).

The cops are abusing copyright law in order to violate a citizen’s First Amendment rights. They’ve outsourced the censoring.

Censoring is indeed legal if companies do it, but this is functionally State censorship.

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