[-] huiccewudu@lemmy.ca 3 points 2 weeks ago* (last edited 2 weeks ago)

You are correct: the ruling simply affirms the plaintiff's claim against IA.

Any out-of-copyright and non-copyright items, as well as items with permissive terms (e.g., Creative Commons licenses) will still be available on IA. Previously, the plaintiff Hachette offered a deal that IA rejected, in which IA would be allowed to make digital copies of Hachette texts that are either out-of-print titles, or titles for which digital copies have never been produced.

Right now, it's up to Hachette and the other publishers affected in the case whether that offer is still available.

edited: hyphens.

[-] huiccewudu@lemmy.ca 24 points 2 weeks ago* (last edited 2 weeks ago)

I definitely don’t like the obnoxious copyright system in the USA, but what the IA did seems obviously wrong.

The publisher-plaintiffs did not prove the "obvious wrong" in this case, however US-based courts have a curious standard when it comes to the application of Fair Use doctrine. This case ultimately rested on the fourth, most significantly-weighted Fair Use standard in US-based courts: whether IA's digital lending harmed publisher sales during the 3-month period of unlimited digital lending.

Unfortunately, when it comes to this standard, the publisher-plaintiffs are not required to prove harm, rather only assert that harm has occurred. If they were required to prove harm they'd have to reveal sales figures for the 27 works under consideration--publishers will do anything to conceal this information and US-based courts defer to them. Therefore, IA was required to prove a negative claim--that digital lending did not hurt sales--without access to the empirical data (which in other legal contexts is shared during the discovery phase) required to prove this claim. IA offered the next best argument (see pp. 44-62 of the case document to check for yourself), but the data was deemed insufficient by the court.

In other words, on the most important test of Fair Use doctrine, which this entire case ultimately pivoted upon, IA was expected to defend itself with one arm tied behind its back. That's not 'fair' and the publishers did not prove 'obvious' harm, but the US-based courts are increasingly uninterested in these things.

edited: page numbers on linked court document.

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submitted 1 month ago* (last edited 1 month ago) by huiccewudu@lemmy.ca to c/imaginarywitches@lemmy.dbzer0.com

Source: https://archive.org/details/she-sells-swell-spells-hwln-04-022

Full-size image (3800x3800): https://ia801506.us.archive.org/4/items/she-sells-swell-spells-hwln-04-022/HWLN-04-022.JPG

Medium: Watercolor and acrylic paint on watercolor paper (8"x 8")

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submitted 1 year ago* (last edited 1 year ago) by huiccewudu@lemmy.ca to c/greenspace@beehaw.org

There are so many local names for this insect: water strider, water skipper, water skimmer, water bug... got any more?

[-] huiccewudu@lemmy.ca 6 points 1 year ago* (last edited 1 year ago)

Swiss technology company that focuses on privacy products. Initially funded by a Swiss startup capital firm and now uses a subscription model. ProtonMail is not open source or non-profit, but the product they offer is privacy. Switzerland also has strict privacy laws and resists state-based information requests. Best option is to run one's own email client server, but simple folks like me don't have the skills to do so. (FWIW, I use ProtonMail and think it works great.)

[-] huiccewudu@lemmy.ca 2 points 1 year ago* (last edited 1 year ago)

"In my view, a lot of the general associations we have with drinking in public are negative, like drunkenness in public, drinking and driving, like drunken hoodlums, all of these things — which make the news, but aren't necessarily the only way people consume alcohol in public."

Dr. Malleck quoted here gets close to the source of the problem, which is classism.

Most mayors, city councilors, etc. are doing well financially and they own their own houses (as well as cottages, investment properties, etc.), so the idea of going to a public park to drink outside with friends seems unusual to them. They view public parks as community spaces, but only within their personal perspectives as homeowners, and therefore what is allowed in parks is restricted to class-based moral sensibilities. It's easy for Councilor So-and-So to bring her laptop to her backyard garden patio for another Zoom meeting. The line worker who just wants to sit outside with her family after 12 hours inside sorting chicken meat for Councilor So-and-So's BBQ that weekend... she was an afterthought when it comes to these kinds of public space bylaws.

This disconnect between how municipal leaders and many apartment/condo-dwelling constituents live also explains the conflicts during the pandemic when people wanted to leave the isolation of their apartments for fresh air, but homeowner leaders (with their backyards, cottage retreats, 'working' holidays, etc.) told them to go back inside and threatened them with fines.

We do we have these bylaws? Ignorance rooted in class.

[-] huiccewudu@lemmy.ca 4 points 1 year ago

Hello friend -- I love your fence! Your garden patch looks like a dream. What kinds of chillis are you growing?

[-] huiccewudu@lemmy.ca 6 points 1 year ago* (last edited 1 year ago)

I just reconnected with a friend yesterday afternoon. We ended up talking for two hours and are making plans to meet in a few weeks. The 'sorry-we-lost-touch' part was brushed aside. It felt just like good old times again.

Try sending a text. Maybe your friend misses you too.

[-] huiccewudu@lemmy.ca 3 points 1 year ago* (last edited 1 year ago)

Hello friend,

Most people see results after they establish and stick with a meditation routine. If you need help, Kurzgesagt has a useful video on establishing habits and routines: https://www.youtube.com/watch?v=75d_29QWELk

Here's a simple meditation technique to start, which requires no special equipment, reading/training, etc. All you need is to sit or stand in a comfortable position that does not make you feel sleepy. The technique is counting breaths and it is the first step for many different meditation traditions.

Your goal is to count your own breaths from 1-10 in your mind without losing count. This is a repetitive exercise like gym reps, but your goal is to NOT ZONE OUT. Your target is 10: breathe in and count '1' in your mind, breathe out and count '2'... breathe in again and count '3', breathe out and count '4'. If you lose track of your count, you just reset to '1' and start again.

At the beginning, you will lose track of your count a lot. Some people take a week or more to successfully complete the first set, much less multiple sets in a row. Our minds naturally wander. Sometimes you don't even realize you lost count until you think, "Wait, what breath am I on?" That is okay... that is the point! If you keep practicing this technique you will begin to train your mind to focus and not wander, which is a major step to conquering procrastination. Once you develop this simple form of mental self-control you will be able to demonstrate other forms of self-control.

Let me know if you want to chat more about it!

[-] huiccewudu@lemmy.ca 6 points 1 year ago* (last edited 1 year ago)
  • Significant increase in non-human/bot accounts makes it difficult to know whether you're actually talking to a real person anymore.

  • I was not personally affected by API changes and do not sympathize with for-profit 3rd party developers, however reddit's withdrawal of support for communities like Transcribers of Reddit is mean-spirited and marginalizes our friends and neighbours who want to enjoy social media like everyone else.

  • Nothing good ever happens for an existing userbase when an organization/product joins the zombie death-march of publicly-traded assets. Capitalism will inevitably ruin everything it encounters, and reddit will not be spared from this outcome.

[-] huiccewudu@lemmy.ca 5 points 1 year ago* (last edited 1 year ago)

Hello friend. No experience with kilts, but if you're looking for general suggestions, Thai fishermen pants are another alternative clothing to keep cool in the summer. Here in Toronto, nobody bats an eye when I wear them during hot days. They're inexpensive and you can get them in v/a basic colors to match your wardrobe, but the sewing pattern is so simple you could also get someone to make them for you using whatever fabric you want. Here's a example image:

4

Our most productive plant is K. laetivirens, an unusual succulent that yields many plantlets around the edges of its leaves. There are varieties: ours is bright green, resilient, and likes small pots.

We grew a large one (to truly become a mother of thousands). We cultivate its many plantlets in glass pots and anonymously leave them for others in our neighbourhood in Toronto.

More photos of adopted plantlets, etc.

view more: next ›

huiccewudu

joined 1 year ago