If It Looks Like a Library, It Must Be Bad
September 25, 2023
The Internet Archive is the best digital archive that preserves the Internet’s past as well as the old media, out of print books, and more. The Internet Archive (IA) has been the subject of various legal battles regarding copyright infringement, especially in its project to scan and lend library books. Publishers Weekly details the results of the recent court battle: “Judgment Entered In Publishers, Internet Copyright Case.”
Judge John G. Koeltl issued a summary judgment decision that the Internet Archive did violate copyright and infringed on the holders’ rights. The IA and the plaintiffs reached an semi-agreement about distributing digital copies of copyrighted material but the details are not finalized. The IA plans to appeal the judge’s decision. A large continent of record labels are also suing the IA for violating music copyright.
The IA has a noble mission but it should respect copyright holders. The Subreddit DataHoarder has a swan song for the archive: “The Internet Archive Will Die-Any Serious Attempts At Archiving It?” User mikemikehindpart laments about the IA’s demise and blames the IA’s leadership for the potential shutdown. His biggest concern is about preserving the archive:
“I can’t really figure out any non-conspiratorial explanation as to why the IA people have not organized a grand archiving of the IA itself while there is still time. Is there any such initiative going on that one could join?”
User mikemikehindpart lambasts the IA leaders and claims they will go down in as self-proclaimed martyrs while dutifully handing over their hard drives if authorities come knocking. This user wants to preserve the archive especially defunct software, old Web sites, and other media that is not preserved anywhere else:
“fear is that the courts will soon order the site to be suspended while the trial is ongoing, so as to not cause further harm to the rights holders. Like turning off a switch, poof.
Eventually the entire archive will be ordered destroyed, not just the books and music. And piracy of popular books and music will continue like nothing happened, but all those website snapshots, blogs and lost software will simply disappear, like so many Yahoo! groups did.”
The comments vary on efforts how to start efforts to preserve the IA, to non-helpful non-sequiturs, and a few realistic posts that the IA may continue. The realistic posts agree the IA could continue if it stop sharing the copyrighted material and a consensus might be reached among IA and its “enemies.”
There are also comments that point to a serious truth: no one else is documenting the Internet, especially free stuff. One poster suggested that the Library of Congress should partner with the IA. I see absolutely nothing wrong with that idea.
Whitney Grace, September 21, 2023
Those 78s Will Sell Big Again?
September 21, 2023
The Internet Archive (IA) is a wonderful repository of digital informational, but it is a controversial organization about respecting copyright laws. After battling a landmark case against book publishers, the IA is now facing another lawsuit as reported in the post, “Internet Archive Responds To Recording Industry Lawsuit Targeting Obsolete Media.” Sony, Universal Music Group, and other large record labels are suing the IA and others for the Great 78 Project.
The Great 78 Project’s goal is to preserve, research, discover, and share 78 rpm records that are 70-120 years old. Librarians, archivists, and sound engineers combined their resources to preserve the archaic, analog medium and provide free public access. The preserved recordings are used for researching teaching at museums, universities, and more:
“Statement from Brewster Kahle, digital librarian of the Internet Archive: ‘When people want to listen to music they go to Spotify. When people want to study 78rpm sound recordings as they were originally created, they go to libraries like the Internet Archive. Both are needed. There shouldn’t be conflict here.’”
Preserving an old yet appreciated medium is worthwhile and a labor of love. IA’s blog post fails to explain the details behind the lawsuit or defend the Great 78 Project other than restating its purpose. The IA should share the details about how the record companies are concerned about copyrighted material but many of the recordings are now in the public domain. The Great 78 Project should continue but the record companies should work with the preservation team instead of fighting them in court.
Whitney Grace, September 21, 2023
Google: Privacy Is Number One?
September 19, 2023
Big tech companies like Google do not respect users’ privacy rights. Yes, these companies have privacy statements and other legal documents that state they respect individuals’ privacy but it is all smoke and mirrors. The Verge has the lowdown on a privacy lawsuit filed against Google and a judge’s recent decision: “$5 Billion Google Lawsuit Over ‘Incognito Mode’ Tracking Moves A Step Closer To Trial.”
Chasom Brown, Willian Byatt, Jeremy Davis, Christopher Castillo, and Monique Trujillo filed a class action lawsuit against Google for collecting user information while in “incognito mode.” Publicly known as Chasom Brown, et. Al v. Google, the plaintiffs seek $5 billion in damages. Google requested a summary judgment, but Judge Yvonne Gonzalez Rogers of California denied it.
Judge Gonzalez noted that statements in the Chrome privacy nonie, Privacy Policy, Incognito Splash Screen, and Search & Browse Privately Help page explains how Incognito mode limits information and how people can control what information is shared. The judge wants the court to decide if these notices act as a binding agreement between Google and users that the former would not collect users’ data when they browsed privately.
Google disputes the claims and state that every time a new incognito tab is opened, Web sites might collect user information. There are other issues the plaintiffs and judge want to discuss:
“Another issue going against Google’s arguments that the judge mentioned is that the plaintiffs have evidence Google ‘stores users’ regular and private browsing data in the same logs; it uses those mixed logs to send users personalized ads; and, even if the individual data points gathered are anonymous by themselves, when aggregated, Google can use them to ‘uniquely identify a user with a high probability of success.’’
She also responded to a Google argument that the plaintiffs didn’t suffer economic injury, writing that ‘Plaintiffs have shown that there is a market for their browsing data and Google’s alleged surreptitious collection of the data inhibited plaintiffs’ ability to participate in that market…Finally, given the nature of Google’s data collection, the Court is satisfied that money damages alone are not an adequate remedy. Injunctive relief is necessary to address Google’s ongoing collection of users’ private browsing data.’”
Will Chasom Brown, et. Al v. Google go anywhere beyond the California court? Will the rest of the United States and other countries that have a large Google market, the European Union, do anything?
Whitney Grace, September 19, 2023
Can Smart Software Get Copyright? Wrong?
September 15, 2023
It is official: copyrights are for humans, not machines. JD Supra brings us up to date on AI and official copyright guidelines in, “Using AI to Create a Work – Copyright Protection and Infringement.” The basic principle goes both ways. Creators cannot copyright AI-generated material unless they have manipulated it enough to render it a creative work. On the other hand, it is a violation to publish AI-generated content that resembles a copyright-protected work. As for feeding algorithms a diet of human-made media, that is not officially against the rules. Yet. We learn:
“To obtain copyright protection for a work containing AI-generated material, the work must have sufficient human input, such as sufficient modification of the AI output or the human selection or arrangement of the AI content. However, copyright protection would be limited to those ‘human-made’ elements. Past, pending, and future copyright applications need to identify explicitly the human element and disclaim the AI-created content if it is more than minor. For existing registrations, a supplementary registration may be necessary. Works created using AI are subject to the same copyright infringement analysis applicable to any work. The issue with using AI to create works is that the sources of the original works may not be identified, so an infringement analysis cannot be conducted until the cease-and-desist letter is received. No court has yet adopted the theory that merely using an AI database means the resulting work is automatically an infringing derivative work if it is not substantially similar to the protectable elements in the copyrighted work.”
The article cites the Copyright Registration Guidance: Works Containing Material Generated by Artificial Intelligence, 88 Fed. Reg. 16,190 (March 16, 2023). It notes those guidelines were informed by a decision handed down in February, Zarya v Dawn, which involved a comic book with AI-generated content. the Copyright Office sliced and diced elements, specifying:
“… The selection and arrangement of the images and the text were the result of human authorship and thus copyrightable, but the AI-generated images resulting from human prompts were not. The prompts ‘influenced,’ but did not ‘dictate,’ the resulting image, so the applicant was not the ‘mastermind’ and therefore not the author of the images. Further, the applicant’s edits to the images were too minor to be deemed copyrightable.”
Ah, the fine art of splitting hairs. As for training databases packed with protected content, the article points to pending lawsuits by artists against Stability AI, MidJourney, and Deviant Art. We are told those cases may be dismissed on technical grounds, but are advised to watch for similar cases in the future. Stay tuned.
Cynthia Murrell, September 15, 2023
Apple and Microsoft: Gatekeeping Is Not for Us. We Are Too Small. That Is Correct. Small.
September 13, 2023
Note: This essay is the work of a real and still-alive dinobaby. No smart software involved, just a dumb humanoid.
I read “Apple and Microsoft Say Flagship Services Not Popular Enough to Be Gatekeepers.” Pretty amazing. Apple wanted to be a gatekeeper and mobile phone image cop and Microsoft Edge Bing thing routinely polices what its smart software outputs.
The American high school homecoming king and queen, both members of the science club, insist they are not popular. How, one may ask, did you get elected king and queen. The beaming royals said, “We are just small. You know, little itty bitty things. Do you like our outfits?” Thanks, MidJourney. Stay true to the gradient descent thing, please.
Both outfits have draconian procedures to prevent a person from doing much of anything unless one of the den mothers working for these companies gives a nod of approval.
The weird orange newspaper states:
Apple and Microsoft, the most valuable companies in the US, have argued some of their flagship services are insufficiently popular to be designated “gatekeepers” under landmark new EU legislation designed to curb the power of Big Tech. Brussels’ battle with Apple over its iMessage chat app and Microsoft’s search engine Bing comes ahead of Wednesday’s [September 6, 2023] publication of the first list of services that will be regulated by the Digital Markets Act.
The idea is a bit deeper in my opinion. Obviously neither of these outfits wants to pay fines; both want to collect money. But the real point is that this “aw, shucks” attitude is one facet of US high tech outfits’ ability to anger regulators in other countries. I have heard the words “arrogant,” “selfish,” “greedy,” and worse used to describe the smiling acolytes who represent these two firms in their different legal battles in Europe.
I want to look at this somewhat short-sighted effort by Apple and Microsoft from a different point of view. Google, in my opinion, is likely become the gatekeeper, the enforcer, the toll road collector, and the arbiter of framing “truth.” Why? Google is ready, willing, and able to fill the void.
One would assume that Apple and Microsoft would have a sit down with the Zuckbook to discuss the growing desire for content control and dissemination. Nope. The companies are sufficiently involved in their own alleged monopolistic ideas to think about a world in which Google becomes the decider.
Some countries view the US and its techno-business policies and procedures with some skepticism. What happens if the skepticism morphs into another notion? Will Teams and iPhones be enough to make these folks happy?
Stephen E Arnold, September 13, 2023
AI and the Legal Eagles
September 11, 2023
Lawyers and other legal professionals know that AI algorithms, NLP, machine learning, and robotic process automation can leverage their practices. They will increase their profits, process cases faster, and increase efficiency. The possibilities for AI in legal practice appear to be win-win situation, ReadWrite discusses how different AI processes can assist law firms and the hurdles for implementation in: “Artificial Intelligence In Legal Practice: A Comprehensive Guide.”
AI will benefit law firms in streamlining research and analytics processes. Machine learning and NLP can consume large datasets faster and more efficiently than humans. Contract management and review processes will greatly be improved, because AI offers more comprehensive analysis, detects discrepancies, and decreases repetitive tasks.
AI will also lighten legal firms workloads with document automation and case management. Legal documents, such as leases, deeds, wills, loan agreements, etc., will decrease errors and reduce review time. AI will lowers costs for due diligence procedures and e-discovery through automation and data analytics. These will benefit clients who want speedy results and low legal bills.
Law firms will benefit the most from NLP applications, predictive analytics, machine learning algorithms, and robotic process automation. Virtual assistants and chatbots also have their place in law firms as customer service representatives.
Despite all the potential improvements from AI, legal professionals need to adhere to data privacy and security procedures. They must also develop technology management plans that include, authentication protocols, backups, and identity management strategies. AI biases, such as diversity and sexism issues, must be evaluated and avoided in legal practices. Transparency and ethical concerns must also be addressed to be compliant with governmental regulations.
The biggest barriers, however, will be overcoming reluctant staff, costs, anticipating ROI, and compliancy with privacy and other regulations.
“With a shift from viewing AI as an expenditure to a strategic advantage across cutting-edge legal firm practices, embracing the power of artificial intelligence demonstrates significant potential for intense transformation within the industry itself.”
These challenges are not any different from past technology implementations, except AI could make lawyers more reliant on technology than their own knowledge. Cue the Jaws theme music.
Whitney Grace, September 11, 2023
A Meta Canada Event: Tug of War with Life or Death Table Stakes
August 23, 2023
Note: This essay is the work of a real and still-alive dinobaby. No smart software involved, just a dumb humanoid. By the time this essay appears in Beyond Search, the impasse may have been removed. If so, be aware that I wrote this on August 19, 2023. The dinobaby is not a real-time guy.
I read “As Wildfires Spread, Canadian Leaders Ask Meta to Reverse Its News Ban.” The article makes it clear that a single high technology company has become the focal point of the Canadian government. The write up states:
Meta began blocking news links for Facebook and Instagram users in Canada in June after the country passed a law that allows news organizations to negotiate with tech giants to receive payment for articles shared on their platforms. The ban by Meta, which owns Facebook and Instagram, has rankled Canadian authorities trying to share evacuation information this week across a remote swath of the country where social media is key to disseminating news.
The fires will kill some people and ravage wildlife unable to flee.
A county fair tug of war between the Zuckbook and Canadian government officials is taking place. Who will win this contest? How many will die as the struggle plays out? MidJourney, you are struggling. I said, “without sepia” and what do I get, “Grungy sepia.” Where is the elephant ears food cart?
On one side is the Canadian law requiring the Zuckbook to pay publishers for articles shared on the Zuck properties. I do understand the motive for the law. Traditional publishers are not equipped to deal with digital media platforms and the ways users of those platforms disseminate and create information. The Zuckbook — like it or not — is perceived by some to be a public utility, and the company should have the management expertise to serve the public and meet the needs of its stakeholders. I know it sound as if I want a commercial enterprise to consider the idea of compromise, ethical ideas, and react in a constructive manner during a time of crisis. Like death.
On the other side is the Zuckbook. The big Zuck has built a successful company, considered the equivalent of a fight in the grade school playground, and taken the view that paying for certain content is not part of the company’s playbook. The Canadian government is perceived by the Big Zuck as adversarial. Governments which pass a law and then beg a US publicly traded company to stop complying with that law are more than an annoyance. These behaviors are little more than evidence that the Canadian government wants to have a fresh croissant delivered by the Zuck minions and say, “Absolutement.”
How will this tug of war end? Will both sides tumble to their derrières? Will the Zuckbook roll over and say, “Certainment”? Will the Canadian government convene a Parliamentary quorum and reverse the law — temporarily, of course.
Several observations:
- Neither the Zuckbook nor the Canadian government is “right.” Compromise perhaps?
- The management approach of the Zuckbook has been and seems to be at this time taken from the famous manual “High School Science Club Management Methods: Superior Beings Can Keep Lesser Being in Their Rightful Place.”
- People will die. A US company and the Canadian government make clear the gulf that exists between commercial enterprises and government expectations.
Remarkable but not surprising.
Stephen E Arnold, August 23, 2023
The ISP Ploy: Heck, No, Mom. I Cannot Find My Other Sock?
August 16, 2023
Note: This essay is the work of a real and still-alive dinobaby. No smart software involved, just a dumb humanoid.
Before I retired, my team and I were doing a job for the US Senate. One day at lunch we learned that Google could not provide employment and salary information to a government agency housed in the building in which we were working. The talk, as I recall, was tinged with skepticism. If a large company issues paychecks and presumably files forms with the Internal Revenue Service, records about who and wages were available. Google allowed many people to find answers, but the company could not find its employment data. The way things work in Washington, DC, to the best of my recollection, a large company with considerable lobbying help and a flock of legal eagles can make certain processes slow. As staff rotate, certain issues get pushed down the priority pile and some — not everyone, of course — fade away.
A young teen who will mature into a savvy ISP tells his mom, “I can’t find my other sock. It is too hard for me to move stuff and find it. If it turns up, I will put it in the laundry.” This basic play is one of the keys to the success of the Internet Service Provider the bright young lad runs today. Thanks, MidJourney. You were back online and demonstrating gradient malfunctioning. Perhaps you need a bit of the old gain of function moxie?
I thought about this “inability” to deliver information when I read “ISPs Complain That Listing Every Fee Is Too Hard, Urge FCC to Scrap New Rule.” I want to focus on one passage in the article and suggest that you read the original report. Keep in mind my anecdote about how a certain big tech outfit handles some US government requests.
Here’s the snippet from the long source document:
…FCC order said the requirement to list “all charges that providers impose at their discretion” is meant to help broadband users “understand which charges are part of the provider’s rate structure, and which derive from government assessments or programs.” These fees must have “simple, accurate, [and] easy-to-understand name[s],” the FCC order said. “Further, the requirement will allow consumers to more meaningfully compare providers’ rates and service packages, and to make more informed decisions when purchasing broadband services. Providers must list fees such as monthly charges associated with regulatory programs and fees for the rental or leasing of modem and other network connection equipment,” the FCC said.
Three observations about the information in the passage:
- The argument is identical to that illustrated by the teen in the room filled with detritus. Crap everywhere makes finding easy for the occupant and hard for anyone else. Check out Albert Einstein’s desk on the day he died. Crap piled everywhere. Could he find what he needed? According to his biographers, the answer is, “Yes.”
- The idea that a commercial entity which bills its customers does not have the capacity to print out the little row entries in an accounting system is lame in my opinion. The expenses have to labeled and reported. Even if they are chunked like some of the financial statements crafted by the estimable outfits Amazon and Microsoft, someone has the notes or paper for these items. I know some people who could find these scraps of information; don’t you?
- The wild and crazy government agencies invite this type of corporate laissez faire behavior. Who is in charge? Probably not the government agency if some recent anti-trust cases are considered as proof of performance.
Net net: Companies want to be able to fiddle the bills. Period. Printing out comprehensive products and services prices reduces the gamesmanship endemic in the online sector.
Stephen E Arnold, August 16, 2023
The Zuckbook Becomes Cooperative?
August 10, 2023
The Internet empowers people to voice their opinions without fear of repercussions or so they think. While the Internet generally remains anonymous, social media companies must bow to the letter of the law or face fines or other reprisals. Ars Technnica shares how a European court forced Meta to share user information in a civil case: “Facebook To Unmask Anonymous Dutch User Accused Of Repeated Defamatory Posts.”
The Netherlands’ Court of the Hague determined that Meta Ireland must share the identity of a user who defamed the claimant, a male Facebook user. The anonymous user “defamed” the claimant by stating he secretly recorded women he dated. The anonymous user posted the negative statements in private Facebooks groups about dating experiences. The claimant could not access the groups but he did see screenshots. He claimed the posts have harmed his reputation.
After cooperating, executives at a big time technology firm celebrate with joy and enthusiasm. Thanks, MidJourney. You have happiness down pat.
The claimant asked Meta to remove the posts but the company refused based on the grounds of freedom of expression. Meta encouraged the claimant to contact the other user, instead the claimant decided to sue.
Initially, the claimant asked the court to order Meta to delete the posts, identify the anonymous user, and flag any posts in other private Facebook groups that could defame the claimant.
While arguing the case, Meta had defended the anonymous user’s right to freedom of expression, but the court decided that the claimant—whose name is redacted in court documents—deserved an opportunity to challenge the allegedly defamatory statements.
Partly for that reason, the court ordered Meta to provide “basic subscriber information” on the anonymous user, including their username, as well as any names, email addresses, or phone numbers associated with their Facebook account. The court did not order Meta to remove the posts or flag any others that may have been shared in private groups, though.”
The court decided that freedom of speech is not unlimited and the posts could be defamatory. The court also noted posts did not have to be deemed unlawful to de-anonymous a user.
This has the potential to be a landmark case in online user privacy and accountability on social media platforms. In the future, users might need to practice more restraint and think about consequences before posting online. They might want to read etiquette books from the pre-Internet days when constructive behavior was not an anomaly.
Whitney Grace, August 10, 2023
Google: When Wizards Cannot Talk to One Another
August 1, 2023
Note: Dinobaby here: This essay is the work of a real and still-alive dinobaby. No smart software involved, just a dumb humanoid. Services are now ejecting my cute little dinosaur gif. Like my posts related to the Dark Web, the MidJourney art appears to offend someone’s sensibilities in the datasphere. If I were not 78, I might look into these interesting actions. But I am and I don’t really care.
Google is in the vanguard of modern management methods. As a dinobaby, I thought that employees who disagree would talk about the issue and work out a solution. Perhaps it would be a test of Option A and Option B? Maybe a small working group would dive into a tough technical point and generate a list of talking points for further discussion, testing, and possibly an opinion from a consulting firm?
How would my old-fashioned approach work?
One youthful wizard says, “Your method is not in line with the one we have selected.” The other youthful wizard replies, “Have you tested both and logged the data?” The very serious wizard with the bigger salary responds, “That’s not necessary. Your method is not in line with the one we have selected. By the way, you may find your future elsewhere.” Thanks MidJourney. You have nailed the inability of certain smart people to discuss without demeaning another. Has this happened to you MidJourney?
The answer is, “Are you crazy?”
Navigate to “Google Fails to Get AI Engineer Lawsuit Claiming Wrongful Termination Thrown Out.” As I understand the news report, Google allegedly fired a person who wrote a paper allegedly disagreeing with another Google paper. This, if true, reminded me of the Stochastic Parrot dust up which made Googler Dr. Timnit Gebru a folk hero among some. She is finding her future elsewhere now.
Navigate to the cited article to get more details.
Several points:
- Google appears to be unable to resolve internal discussions without creating PR instead of technical progress.
- The management methods strike me as illogical. I recall discussions with Googlers about the importance of logic, and it is becoming clear to me that Google logic follows it own rules. (Perhaps Google people managers should hire people that can thrive within Google logic?)
- The recourse to the legal system to resolve which may be a technical matter is intellectually satisfying. I am confident that judges, legal eagles, expert witnesses are fully versed in chip engineering for complex and possibly proprietary methods. Have Google people management personnel considered just hiring such multi-faceted legal brains and eliminating wrong-thinking engineers?
Net net: A big time “real” news reporter objected to my use of the phrase “high school management methods.” Okay, perhaps “adolescent management methods” or “adolescent thought processes” are more felicitous phrases. But not for me. These fascinating Google management methods which generate news and legal precedents may render it unnecessary for the firm to use such words as “trust,” “user experience,” and other glittering generalities.
The reality is that cooperative resolution seems to be a facet of quantum supremacy that this dinobaby does not understand.
Stephen E Arnold, August 1, 2023
-
- Subscribe to Beyond Search
Feature archive
News archive
-
