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Banned for Life

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Re: Banned for Life

#191

The OP made some grave errors with his apps. But is it really a good reason, to not tell him, what was going wrong and instead swinging the big hammer on his head (life-long ban)? Google once started with the slogan "Don't be evil". By being the new "Judge Dredd" of the internet, it can just become, what it never wanted to be. All that, just because Google tries to drive technology to its extremes ("customer-service…

They did tell him, didn't they? They told him 3 times.

Re: Banned for Life

#192
post #51

Earlier quoted context omitted.

Copyright and trademarks don't seem to be his strength, I doubt that he licensed the pictures on http://distantfutu.re/page/team.html .. But because he grew up "in the 70s/80s", these are public domain to him.

Does he need a license to use those images in Reunion (or wherever his server is)? It looks like it could be a fair-use under USC too? Styling yourself as DeNiro in Taxi Driver might even class as parodical and so be an allowed use? But your general point in your first clause stands.

This is not fair use. No court has ever held that it's fair use to reproduce copyright images because you think they look cool, you think they're funny, you think they illustrate some point you're trying to make, etc. And using an image of DeNiro as your avatar does not even begin to approach a legally acceptable form of parody.

Just because hardly anybody ever gets sued for using copyrighted images as avatars, as humorous blog illustrations, and so on, doesn't mean that they couldn't be sued — and the copyright holder would unquestionably prevail.

Re: Banned for Life

#194
post #158

Earlier quoted context omitted.

I know lots of people don't know how to setup an email server. But gmail, as an email account, is worth less than $10/month. And, in fact, your ISP probably includes several email accounts with your internet service. If your child needs an email account, just assign him one... If you have Verizon, here's how... [8 extra] http://www.verizon.com/Support/Residential/Internet/HighSpee... If you have Comcast, here's how..…

I advice against using your ISP's email service. What happens with your email address when you switch providers? Are you going to mail all your contacts with your new email address and update it at every service you ever registered for?

I agree, if the email account is going to be used for long term purposes. However, an email account for someone at the high school level should be fine. Presumably, the kid is going to go to a college somewhere - and will use the college account until such time as the kid graduates and moves on into the 'real' world -- whatever that means. I'm just trying to say that a gmail account for a kid isn't a necessary burden that needs rescuing at even the meager upfront cost of $0.50... plus the massive cost in lost privacy - which is an ongoing fee into the indeterminable future...

Re: Banned for Life

#195

Earlier quoted context omitted.

Yeah. That's a bit ridiculous. If that was $500,000 of work, I should be a billionaire.

To be fair, he claimed that those he would have charged out each of those apps at 50K for custom development time. I don't know if he has the pipeline, infrastructure, etc. to actually bill out clients for Android apps at that rate, but that doesn't sound like an extremely high number to me for custom software work. You are confusing $500K worth of "work" with $500K worth of billing. A common problem in our industry.

50K of "billing" time for a prototype that views one youtube channel seems excessive. At $150/hr that's over 2 months of fulltime development for something a real developer could knock out in a couple days.

Re: Banned for Life

#196

Earlier quoted context omitted.

He was warned. Repeatedly. What the hell else did he want? An overt act of divine intervention?

What he wanted is stated clearly in the article: "I emailed Google back and asked them to tell me exactly what I need to change to be compliant with the rules. Is it the icon? The name? The disclaimer? What? Google refused to give me any additional information. So, I just left the app in the suspended state and never attempted to update it since I really didn’t know what I needed to change".

Some developers have a serious problem with understanding that there are times when an app's problems aren't about checkboxes on an issue tracker. The entire spirit of this app is about infringing on intellectual property rights. Furthermore, the app is so basic that it provides zero value to simply bookmarking the YouTube channel in your browser. The entire concept is so terrible that he had to hide behind an appeal to emotion (i.e., "b-bu-but my kids needed it!") just to sell it.

"Maybe I'm naive" is truly the understatement of the century here. This guy credential-izes himself out the ass (developer since 1991!), yet still can't grasp the concept of copyright infringement? At a certain point, you, as an adult, need to learn to swim or stay 20ft away from large bodies of water. This guy belly-flopped right in and dropped straight to the bottom. Then, Google pulled him out and he went right for the diving board again. This guy was clearly hopeless from Google's perspective and in no way worth the trouble he would cause (assuming that this is truly naivety and not some sort of sympathy trolling). Good riddance.

Re: Banned for Life

#197
"Because I had listened to the leaders at Google say that the open web, open source and freedom are important values at Google, and I fully agree with that ideal."

"All Apple products are banned in my household to make a statement about programmer freedom."

"I believe in freedom, not blind obedience."

This guy comes off as being a bit naive. And/or dishonest in his telling of this story...

Re: Banned for Life

#198

The OP made some grave errors with his apps. But is it really a good reason, to not tell him, what was going wrong and instead swinging the big hammer on his head (life-long ban)? Google once started with the slogan "Don't be evil". By being the new "Judge Dredd" of the internet, it can just become, what it never wanted to be. All that, just because Google tries to drive technology to its extremes ("customer-service…

They did tell him, didn't they? They told him 3 times.

As much I understood, they did tell him not enough, that he could understand what was wrong. Automated eMails are "customer-support from hell".

Re: Banned for Life

#199
post #175

Earlier quoted context omitted.

Does he need a license to use those images in Reunion (or wherever his server is)? It looks like it could be a fair-use under USC too? Styling yourself as DeNiro in Taxi Driver might even class as parodical and so be an allowed use? But your general point in your first clause stands.

"Fair-use" is a legal defence, when you get sued. Just like 'self-defence' is a legal defence if you murder someone. It does not mean you have the right. (Like in countries like Korea, or Australia, where you do have the right).

US Copyright "Fair Use" is basically a statutory exception that closely follows the parameters of what courts found were Constitutional limits on copyright restrictions imposed by the First Amendment free speech/free press rights, so, no, despite the fact that it is procedurally a statutory exception, it also does reflect the existence of a more basic right that the statute would have no power to infringe even if it didn't encode the exception explicitly.
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