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Joined 1 year ago
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Cake day: July 2nd, 2023

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  • Yup, but posting online =/= giving away all or any rights to said intellectual property. Sure I can go to the Louvre and take a photo of the Mona Lisa. I can even use that photo to practice painting, maybe I’ll become the next Da Vinci.

    The owners have even posted photos of the most famous painting in the world online. Does that mean they allow me to advertise my beautiful reproduction as the Mona Lisa? Of course it doesn’t. Because that is still their intellectual property.

    Same thing with other ip rights.

    Online piracy is also just copying, right? The right holders never lose their product?

    Well, remember when Metallica took on Napster? Or how many people have been sued by Hollywood for copying their work, and for how much?

    Or try posting a video to Youtube with Disney music overlaid. It gets flagged and taken down so fast, because that interfers with the mouse’s ip rights.

    Hell, Disney’s IP law departement are so on the ball that some US cops have used it as a strategy: they have played Disney music from their cellphones when they have been recorded violating citizens’ rights, because they know that shit gets taken down so fast.

    If I publicize my little travel blog, I have an expectation that people will read it. I might even want them to. Maybe inspire them to go to the same place.

    But that is something completely different than letting one of the largests corporations in the world use it to build a commercial product with an enourmous potential. If someone uses my IP for monetary gains, the rules are (roughly) that they have to compensate me for that.

    This is already too long, but as I’ve been writing I have become more curious with your (or anyone else’s) perspective on this. May I ask, what is your view on this? How far do you mean that companies can use online data?

    Can a company which sells pills against premature ejaculation use my photo in advertisements, just because it is available online? Or can they take pictures of you and create a deepfake which makes it looks like you are praising Hitler? Or can a travel writer take my photos and writing from my blog and publicise it and make a quazillion dollars while I just have to deal with it because I posted it online?

    Genuinely curious.


  • That stuff exists online is not really a legitimate basis for copying it. Reading or other forms of consumption sure, but copying — no. The whole piracy debacle was centered around this.

    Not posting stuff online isn’t really an alternative either. Such a big part of our lives are digital these days. All the way from what news we consume to stay up to date in our everyday lives, how we discuss current topics such as this one, how we can stay connected to our friends, how we met potential partners and heck even how we watch porn.

    Or how big part of these examples do you think people read actual newspapers, discuss and debate current topics offline, how many old friends from high school do we keep in touch without using social media, how many dates do we go on off dating apps or how many watch porn dvds do we pop on when the need arises?

    When I post something online, say a trip report on my personal travel blog, does that mean I consent to ie Google using my intellectual property for training their LLM? My answer is a resounding no.

    I’m not at all versed in IP law, but I can’t fathom how using all available data online for development of a commercial product can be considered fair use of this data, or as really any other legal basis.