#Right of Publicity

[oncorhynchus-nerka]

VERY IMPORTANT a dam in the Netherlands, the weerdsluis lock, is directly on a migratory path for spawning fish. They have a worker stationed there to open the door for the fish, but they can take a while to open it. So to keep the fish from getting preyed on by birds they installed a doorbell. Only, the fish don't have hands to ring the doorbell. If you go to their website, they have a LIVE CAMERA AND A DOORBELL that YOU RING FOR THE FISH when they're waiting, and then the dam worker opens the door for them! I can't express how obsessed I am with this. look at this shit. oh my god.

Please check on the fish doorbell once in a while :)

[nationallawreview]

Artificial Intelligence and the Rise of Product Liability Tort Litigation: Novel Action Alleges AI Chatbot Caused Minor’s Suicide

As we predicted a year ago, the Plaintiffs’ Bar continues to test new legal theories attacking the use of Artificial Intelligence (AI) technology in courtrooms across the country. Many of the complaints filed to date have included the proverbial kitchen sink: copyright infringement; privacy law violations; unfair competition; deceptive and acts and practices; negligence; right of publicity,…

[infiniteglitterfall]

know someone who enjoys horror stories? share this one! it's true!

hahahahahahahahahaha aarrggghhhhhhhhhh 3,000,000 deaths due to COVID-19 last year. Globally. Three million. Case rates higher than 90% of the rest of the pandemic. The reason people are still worried about COVID is because it has a way of quietly fucking up your body. And the risk is cumulative.

I'm going to say that again: the risk is cumulative.

It's not just that a lot of people get bad long-term effects from it. One in seven or so? Enough that it's kind of the Russian Roulette of diseases. It's also that the more times you get it, the higher that risk becomes. Like if each time you survived Russian Roulette, the empty chamber was removed from the gun entirely. The worst part is that, psychologically, we have the absolute opposite reaction. If we survive something with no ill effects, we assume it's pretty safe. It is really, really hard to override that sense of, "Ok, well, I got it and now I probably have a lot of immunity and also it wasn't that bad." It is not a respiratory disease. Airborne, yes. Respiratory disease, no: not a cold, not a flu, not RSV.

Like measles (or maybe chickenpox?), it starts with respiratory symptoms. And then it moves to other parts of your body. It seems to target the lungs, the digestive system, the heart, and the brain the most.

It also hits the immune system really hard - a lot of people are suddenly more susceptible to completely unrelated viruses. People get brain fog, migraines, forget things they used to know.

(I really, really hate that it can cross the blood-brain barrier. NOTHING SHOULD EVER CROSS THE BLOOD-BRAIN BARRIER IT IS THERE FOR A REASON.) Anecdotal examples of this shit are horrifying. I've seen people talk about coworkers who've had COVID five or more times, and now their work... just often doesn't make sense? They send emails that say things like, "Sorry, I didn't mean Los Angeles, I meant Los Angeles."

Or they insist they've never heard of some project that they were actually in charge of a year or two before.

Or their work is just kind of falling apart, and they don't seem to be aware of it.

People talk about how they don't want to get the person in trouble, so their team just works around it. Or they describe neighbors and relatives who had COVID repeatedly, were nearly hospitalized, talked about how incredibly sick they felt at the time... and now swear they've only had it once and it wasn't bad, they barely even noticed it.

(As someone who lived with severe dissociation for most of my life, this is a genuinely terrifying idea to me. I've already spent my whole life being like, "but what if I told them that already? but what if I did do that? what if that did happen to me and I just don't remember?") One of its known effects in the brain is to increase impulsivity and risk-taking, which is real fucking convenient honestly. What a fantastic fucking mutation. So happy for it on that one. Yes, please make it seem less important to wear a mask and get vaccinated. I'm not screaming internally at all now.

I saw a tweet from someone last year whose family hadn't had COVID yet, who were still masking in public, including school.

She said that her son was no kind of an athlete. Solidly bottom middle of the pack in gym.

And suddenly, this year, he was absolutely blowing past all the other kids who had to run the mile. He wasn't running any faster. His times weren't fantastic or anything. It's just that the rest of the kids were worse than him now. For some reason. I think about that a lot. (Like my incredibly active six-year-old getting a cold, and suddenly developing post-viral asthma that looked like pneumonia.

He went back to school the day before yesterday, after being home for a month and using preventative inhalers for almost week.

He told me that it was GREAT - except that he couldn't run as much at recess, because he immediately got really tired. Like how I went outside with him to do some yard work and felt like my body couldn't figure out how to increase breathing and heart rate.

I wasn't physically out of breath, but I felt like I was out of breath. That COVID feeling people describe, of "I'm not getting enough air." Except that I didn't have that problem when I had COVID.) Some people don't observe any long (or medium) term side effects after they have it.

But researchers have found viral reservoirs of COVID-19 in everyone they've studied who had it.

It just seems to hang out, dormant, for... well, longer than we've had an opportunity to observe it, so far.

(I definitely watched that literal horror movie. I think that's an entire genre. The alien dormant under ice in the Arctic.)

(oh hey I don't like that either!!!!!!!!!) All of which is to explain why we should still care about avoiding it, and how it manages to still cause excess deaths. Measuring excess deaths has been a standard tool in public health for a long time.

We know how many people usually die from all different causes, every year. So we can tell if, for example, deaths from heart disease have gone way up in the past three years, and look for reasons. Those are excess deaths: deaths that, four years ago, would not have happened. During the pandemic, excess death rates have been a really important tool. For all sorts of reasons. Like, sometimes people die from COVID without ever getting tested, and the official cause is listed as something else because nobody knows they had COVID. But also, people are dying from cardiovascular illness much younger now.

People are having strokes and heart attacks younger, and more often, than they did before the pandemic started. COVID causes a lot of problems. And some of those problems kill people. And some of them make it easier for other things to kill us. Lung damage from COVID leading to lungs collapsing, or to pneumonia, or to a pulmonary embolism, for example. The Economist built a machine-learning model with a 95% confidence interval that gauges excess death statistics around the world, to tell them what the true toll of the ongoing COVID pandemic has been so far.

Total excess deaths globally in 2023: Three million.

3,000,000.

Official COVID-19 deaths globally so far: Seven million. 7,000,000. Total excess deaths during COVID so far: Thirty-five point two million. 35,200,000.

Five times as many.

That's bad. I don't like that at all. I'm glad last year was less than a tenth of that. I'm not particularly confident about that continuing, though, because last year we started a period of really high COVID transmission. Case rates higher than 90% of the rest of the pandemic. Here's their data, and charts you can play with, and links to detailed information on how they did all of this:

Here's a non-paywalled link to it:

https://archive.vn/2024.01.26-012536/https://www.economist.com/graphic-detail/coronavirus-excess-deaths-estimates

Oh: here's a link to where you can buy comfy, effective N95 masks in all sizes:

Those ones are about a buck each after shipping - about $30 for a box of 30. They also have sample packs for a dollar, so you can try a couple of different sizes and styles.

You can wear an N95 mask for about 40 total hours before the effectiveness really drops, so that's like a dollar for a week of wear.

They're also family-owned and have cat-shaped masks and I really love them. These ones are cuter and in a much wider range of colors, prints, and styles, but they're also more expensive; they range from $1.80 to $3 for a mask. ($18-$30 for a box of ten.)

[mostlysignssomeportents]

The US Copyright Office frees the McFlurry

I'll be in TUCSON, AZ from November 8-10: I'm the GUEST OF HONOR at the TUSCON SCIENCE FICTION CONVENTION.

I have spent a quarter century obsessed with the weirdest corner of the weirdest section of the worst internet law on the US statute books: Section 1201 of the Digital Millennium Copyright Act, the 1998 law that makes it a felony to help someone change how their own computer works so it serves them, rather than a distant corporation.

Under DMCA 1201, giving someone a tool to "bypass an access control for a copyrighted work" is a felony punishable by a 5-year prison sentence and a $500k fine – for a first offense. This law can refer to access controls for traditional copyrighted works, like movies. Under DMCA 1201, if you help someone with photosensitive epilepsy add a plug-in to the Netflix player in their browser that blocks strobing pictures that can trigger seizures, you're a felon:

https://lists.w3.org/Archives/Public/public-html-media/2017Jul/0005.html

But software is a copyrighted work, and everything from printer cartridges to car-engine parts have software in them. If the manufacturer puts an "access control" on that software, they can send their customers (and competitors) to prison for passing around tools to help them fix their cars or use third-party ink.

Now, even though the DMCA is a copyright law (that's what the "C" in DMCA stands for, after all); and even though blocking video strobes, using third party ink, and fixing your car are not copyright violations, the DMCA can still send you to prison, for a long-ass time for doing these things, provided the manufacturer designs their product so that using it the way that suits you best involves getting around an "access control."

As you might expect, this is quite a tempting proposition for any manufacturer hoping to enshittify their products, because they know you can't legally disenshittify them. These access controls have metastasized into every kind of device imaginable.

Garage-door openers:

https://pluralistic.net/2023/11/09/lead-me-not-into-temptation/#chamberlain

Refrigerators:

https://pluralistic.net/2020/06/12/digital-feudalism/#filtergate

Dishwashers:

https://pluralistic.net/2021/05/03/cassette-rewinder/#disher-bob

Treadmills:

https://pluralistic.net/2021/06/22/vapescreen/#jane-get-me-off-this-crazy-thing

Tractors:

https://pluralistic.net/2021/04/23/reputation-laundry/#deere-john

Cars:

https://pluralistic.net/2023/07/28/edison-not-tesla/#demon-haunted-world

Printers:

https://pluralistic.net/2022/08/07/inky-wretches/#epson-salty

And even printer paper:

https://pluralistic.net/2022/02/16/unauthorized-paper/#dymo-550

DMCA 1201 is the brainchild of Bruce Lehmann, Bill Clinton's Copyright Czar, who was repeatedly warned that cancerous proliferation this was the foreseeable, inevitable outcome of his pet policy. As a sop to his critics, Lehman added a largely ornamental safety valve to his law, ordering the US Copyright Office to invite submissions every three years petitioning for "use exemptions" to the blanket ban on circumventing access-controls.

I call this "ornamental" because if the Copyright Office thinks that, say, it should be legal for you to bypass an access control to use third-party ink in your printer, or a third-party app store in your phone, all they can do under DMCA 1201 is grant you the right to use a circumvention tool. But they can't give you the right to acquire that tool.

I know that sounds confusing, but that's only because it's very, very stupid. How stupid? Well, in 2001, the US Trade Representative arm-twisted the EU into adopting its own version of this law (Article 6 of the EUCD), and in 2003, Norway added the law to its lawbooks. On the eve of that addition, I traveled to Oslo to debate the minister involved:

https://pluralistic.net/2021/10/28/clintons-ghost/#felony-contempt-of-business-model

The minister praised his law, explaining that it gave blind people the right to bypass access controls on ebooks so that they could feed them to screen readers, Braille printers, and other assistive tools. OK, I said, but how do they get the software that jailbreaks their ebooks so they can make use of this exemption? Am I allowed to give them that tool?

No, the minister said, you're not allowed to do that, that would be a crime.

Is the Norwegian government allowed to give them that tool? No. How about a blind rights advocacy group? No, not them either. A university computer science department? Nope. A commercial vendor? Certainly not.

No, the minister explained, under his law, a blind person would be expected to personally reverse engineer a program like Adobe E-Reader, in hopes of discovering a defect that they could exploit by writing a program to extract the ebook text.

Oh, I said. But if a blind person did manage to do this, could they supply that tool to other blind people?

Well, no, the minister said. Each and every blind person must personally – without any help from anyone else – figure out how to reverse-engineer the ebook program, and then individually author their own alternative reader program that worked with the text of their ebooks.

That is what is meant by a use exemption without a tools exemption. It's useless. A sick joke, even.

The US Copyright Office has been valiantly holding exemptions proceedings every three years since the start of this century, and they've granted many sensible exemptions, including ones to benefit people with disabilities, or to let you jailbreak your phone, or let media professors extract video clips from DVDs, and so on. Tens of thousands of person-hours have been flushed into this pointless exercise, generating a long list of things you are now technically allowed to do, but only if you are a reverse-engineering specialist type of computer programmer who can manage the process from beginning to end in total isolation and secrecy.

But there is one kind of use exception the Copyright Office can grant that is potentially game-changing: an exemption for decoding diagnostic codes.

You see, DMCA 1201 has been a critical weapon for the corporate anti-repair movement. By scrambling error codes in cars, tractors, appliances, insulin pumps, phones and other devices, manufacturers can wage war on independent repair, depriving third-party technicians of the diagnostic information they need to figure out how to fix your stuff and keep it going.

This is bad enough in normal times, but during the acute phase of the covid pandemic, hospitals found themselves unable to maintain their ventilators because of access controls. Nearly all ventilators come from a single med-tech monopolist, Medtronic, which charges hospitals hundreds of dollars to dispatch their own repair technicians to fix its products. But when covid ended nearly all travel, Medtronic could no longer provide on-site calls. Thankfully, an anonymous hacker started building homemade (illegal) circumvention devices to let hospital technicians fix the ventilators themselves, improvising housings for them from old clock radios, guitar pedals and whatever else was to hand, then mailing them anonymously to hospitals:

https://pluralistic.net/2020/07/10/flintstone-delano-roosevelt/#medtronic-again

Once a manufacturer monopolizes repair in this way, they can force you to use their official service depots, charging you as much as they'd like; requiring you to use their official, expensive replacement parts; and dictating when your gadget is "too broken to fix," forcing you to buy a new one. That's bad enough when we're talking about refusing to fix a phone so you buy a new one – but imagine having a spinal injury and relying on a $100,000 exoskeleton to get from place to place and prevent muscle wasting, clots, and other immobility-related conditions, only to have the manufacturer decide that the gadget is too old to fix and refusing to give you the technical assistance to replace a watch battery so that you can get around again:

https://www.theverge.com/2024/9/26/24255074/former-jockey-michael-straight-exoskeleton-repair-battery

When the US Copyright Office grants a use exemption for extracting diagnostic codes from a busted device, they empower repair advocates to put that gadget up on a workbench and torture it into giving up those codes. The codes can then be integrated into an unofficial diagnostic tool, one that can make sense of the scrambled, obfuscated error codes that a device sends when it breaks – without having to unscramble them. In other words, only the company that makes the diagnostic tool has to bypass an access control, but the people who use that tool later do not violate DMCA 1201.

This is all relevant this month because the US Copyright Office just released the latest batch of 1201 exemptions, and among them is the right to circumvent access controls "allowing for repair of retail-level food preparation equipment":

https://publicknowledge.org/public-knowledge-ifixit-free-the-mcflurry-win-copyright-office-dmca-exemption-for-ice-cream-machines/

While this covers all kinds of food prep gear, the exemption request – filed by Public Knowledge and Ifixit – was inspired by the bizarre war over the tragically fragile McFlurry machine. These machines – which extrude soft-serve frozen desserts – are notoriously failure-prone, with 5-16% of them broken at any given time. Taylor, the giant kitchen tech company that makes the machines, charges franchisees a fortune to repair them, producing a steady stream of profits for the company.

This sleazy business prompted some ice-cream hackers to found a startup called Kytch, a high-powered automation and diagnostic tool that was hugely popular with McDonald's franchisees (the gadget was partially designed by the legendary hardware hacker Andrew "bunnie" Huang!).

In response, Taylor played dirty, making a less-capable clone of the Kytch, trying to buy Kytch out, and teaming up with McDonald's corporate to bombard franchisees with legal scare-stories about the dangers of using a Kytch to keep their soft-serve flowing, thanks to DMCA 1201:

https://pluralistic.net/2021/04/20/euthanize-rentier-enablers/#cold-war

Kytch isn't the only beneficiary of the new exemption: all kinds of industrial kitchen equipment is covered. In upholding the Right to Repair, the Copyright Office overruled objections of some of its closest historical allies, the Entertainment Software Association, Motion Picture Association, and Recording Industry Association of America, who all sided with Taylor and McDonald's and opposed the exemption:

https://arstechnica.com/tech-policy/2024/10/us-copyright-office-frees-the-mcflurry-allowing-repair-of-ice-cream-machines/

This is literally the only useful kind of DMCA 1201 exemption the Copyright Office can grant, and the fact that they granted it (along with a similar exemption for medical devices) is a welcome bright spot. But make no mistake, the fact that we finally found a narrow way in which DMCA 1201 can be made slightly less stupid does not redeem this outrageous law. It should still be repealed and condemned to the scrapheap of history.

Tor Books as just published two new, free LITTLE BROTHER stories: VIGILANT, about creepy surveillance in distance education; and SPILL, about oil pipelines and indigenous landback.

If you'd like an essay-formatted version of this post to read or share, here's a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:

https://pluralistic.net/2024/10/28/mcbroken/#my-milkshake-brings-all-the-lawyers-to-the-yard

Image: Cryteria (modified) https://commons.wikimedia.org/wiki/File:HAL9000.svg

CC BY 3.0 https://creativecommons.org/licenses/by/3.0/deed.en

[sleepy-grav3]

Amity Park hates the Justice League but loves Red Hood and sometimes other heroes

A/n: I got this random idea so here it is. Oh, and this is good reveal AU ok?

-------

Due to the Justice League mocking them and ignoring their villain problems that were also publicly interdimensional problems, everyone hates the JL. It got worst with the GIW coming in, who blatantly went against the meta-laws (which included aliens, demons and so much more that weren't human from the beginning). They started to think the Justice League supported them.

In the Infinite Realms, however, there's a revenant that many adored and others respected. He did not hold back against criminals. Criminals that would rape, kill, traffic, sell drugs, and more to people. He especially didn't like when they brought kids into this. He'd avenge people the way they should've been: by promising that their abuser/killer/whatever wouldn't be able to do it again. And in the place they lived in, the only way for that to be possible was by major injury, heavy social outcasting, and/or death. Most prefer the 3rd.

And after how long the Amitians dealt with the attacks which eventually came to a slow once or twice a week type thing, they started opening their minds to the idea of coexistence. Well, further than they had. So when people started to cross over and start making their small haunts in their side of the veil, the Amitian's began to become aware of the popular hero Red Hood. He was part of the undead community, which was trustworthy in everyone's books.

So Amity Park started making merch. Most of it was for Team Phantom, but there was plenty for Red Hood as well. There were other heroes on the side, like for Superboy 1 (who they renamed to Supernova due to their hatred for Superman for 2 reasons, the obvious and that he rejected a mirror-born), and Raven (the half demon).

And with this coexistence, Team Phantom had noticed the positive feedback about killing in the name of vengeance. So they went on the offensive, and after a good year of that, the GIW lost funding for producing no results and just taking up resources. The acts were still there, but nobody enacted them in Amity, and nobody actually knew or believed them outside of the haunted city.

Then the Justice League find out about the hero group there due to tracking merchandise after they started to sell outside of the city. Superman was the guy everyone liked, so he was sent over. He immediately got thrown out and was now questioning who the heck Supernova was and when he rejected him.

Flash? Outcast. Everyone ignored and walked away from him. they had the police, who never did anything or even had to anymore, kick him out.

Green Lanter? Oh the poor guy. He had his ring taken away and thrown out of the city somehow. It took hours to find it.

Wonder Woman, they had to be ok with her. Not at first, but once Phantom had a talk with her and people learned that they were cousins through Clockwork (Kronos) and Pandora, they were ok. ish. Tolerated was the best word and she got the info back to the league.

The batfamily took a trip there, dragging Red Hood along somehow. And right when Red Hood was noticed, a crowd began to form as everyone practically worshipped him. There were many victims he had avenged and an Ancient (Lady Gotham) came and gave him the gifts she couldn't without scaring the guy.

At one point, the poor guy even cried.

[itseghost]

they are talking shit (or flirting?)

[liberaljane]

Steamboat Willie just entered the public domain, and it looks like he has a new mission

Digital illustration of steamboat Willie on a ship with abortion pills headed for Florida.

[reasonsforhope]

"Canada's parliament has passed a bill that that will cover the full cost of contraception and diabetes drugs for Canadians.

The Liberal government said it is the initial phase of a plan that would expand to become a publicly funded national pharmacare programme.

The government estimates one in five Canadians struggle to pay for prescription drugs.

The federal government still has to negotiate individual funding commitments with Canada's provinces and territories.

A report from parliament's budget watchdog estimates this bill will increase federal spending by C$1.9bn ($1.3bn; £1bn) over the next five years.

Canadians currently pay for prescription drugs through a mix of private, public and out-of-pocket plans.

The programme will cover 100% of the cost of diabetes and contraception medication for those who do not have drug plan coverage, and out-of-pocket costs for those who do.

The federal government estimates that nine million Canadian women of reproductive age will have access to common types of contraception under the plan.

Birth-control pills and IUDs can cost between C$100 and C$300 a year.

The Society of Obstetricians and Gynaecologists of Canada hailed the ball as a "historic achievement".

"Women across the country will be able to make choices about contraception based on what's best for their lives, not their wallets," it said.

In addition, some 3.7 million Canadians have been diagnosed with diabetes.

Diabetes drugs covered include insulin - for people with type 1 and type 2 diabetes, which can cost between C$900 and C$1,700 a year - and Metformin, which helps lower blood sugar levels for people with type 2 diabetes.

Speaking to reporters on Thursday from the Association of Southeast Asian Nations Summit, Prime Minister Justin Trudeau called the bill's passage "real progress" and urged provinces to quickly move forward with signing agreements.

The federal health minister has said he hopes that some provinces will have the plan in place by the end of this year, with all on board by next spring."

-via BBC, October 11, 2024

[poorly-drawn-mdzs]

Tis but a flesh wound!

[First] Prev <–-> Next

[betyourhedges]

one time on the 8:55am Amtrak to work i saw a dude pull out a martini glass and paper cocktail umbrella from his backpack and pour some drink into it from his hydroflask. i think about this often, i hope he's having a good day

[still-a-morosexual-help]

Mammon: Can't believe that old bastard ended up saddlin' us with all his bullshit again

MC: Have you noticed whenever Lucifer needs something important done he always goes to one of us?

Belphie: because out of everyone, he trusts the two of you the most to get something done with the least amount of chaos and permanent consequences

Mammon: Really? (proud)

MC: Really? (insulted)

[politijohn]

Source

Wow, what could have happened? /s

[boiledcaprisun]

glub glab glob. seadwellin sunday.

[brandyschillace]

Librarians Unite for Representation

Public Library Association slogan this year ‘Free People Read Freely.’ Together we unite against book bans and promote representation.

[sherlockggrian]

season 10 is bringing me so much joy ❤️🌻

[dannyphannypack]

college is supposed to be a new start for danny: one in which his “work” life and personal life stay strictly separate. but when danny moves into his new gotham university dorm for the upcoming semester, his hopes are dashed. gotham is overflowing with lost souls, and they won’t leave him alone long enough for him to finish his damn physics homework.

when mr. and mrs. wayne offer him refuge in their old study, danny thinks he’d be stupid not to take it. he wasn’t expecting their house to still be inhabited, but whatever. he can blend into the background. he’ll do anything for some peace and quiet.

now if only he can convince martha to stop trying to out him to the rest of the family.