#there’s clips of the book on google books
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yooooo i got tagged by: @vanthropa !!!
Last Song: Stray Sheep feat. Kafu by Yuuki Nagumo
Favorite Color: Yellow
Last Book: would my notebook count? xD
Last Movie: uh i’ve last seen a few clips from Wicked
Last Show: Inanimate Insanity
sweet/spicy/savory: i prefer bitter and sour xD
Relationship Status: single, but i have friends :D
Last Thing I Googled: obscure meaning
Current Obsessions: Inanimate Insanity, Mouthwashing, Infinity Nikki, Lego Monkie Kid, Life Series, Pokémon Horizons, Love Bullet, Roblox, Wink by Azari, Stray Sheep feat. Kafu by Yuuki Nagumo
Looking Forward To: Doing PART 2 of my Secret Santa gift for @cookiewitch-trin, binging Wild Life SMP, binging Double Life SMP, binging Last Life SMP, binging Lego Monkie Kid, binging Pokémon Horizons, etc.
@fekatsitra @artistic-astral-antics @cookiewitch-trin @9617saphs @tjthegamerking @kiwikiswia @eldboi @norri-toad @polarisstarnor
Ten People I’d Like to Get to Know Better
tagged by: @orphiclovers
last song: It’s all been Christmas retail crap or if you count the radio on the drive home playing Avril Lavigne
fav color: this pale seafoam green for things or white for clothes
last book: Eclipse by Wilder (poetry)
last movie: Deadpool & Wolverine
last show: N/A
sweet/spicy/savory: sweet and savory
relationship status: 4 people proposed to me this year. 1 meant it fr 🥹 (engaged irl) otherwise I have a harem on AO3 going.
last thing i googled: how big is a wintermelon?
current obsession: cooking and Infinity Nikki
looking forward to: I’m planning a road trip with the girls later this week!!
Tagging: @auuwmk, @ssunfish, @ajhaijma, @stoneclaw, @quiteboared, @kiwiandmint, @dgeneralacc, @rex44201, @readingdreaming4951, @thottykunikida
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F—14 FUN FACT OF THE DAY #4
The F-14 Tomcat required special launch rails to be equipped for the AIM-54 Phoenix missiles. When attached, they would cover the the wells used for the AIM-7 Sparrow.
#FFFOTD#Another AIM-54 Phoenix one and I’m NOT sorry#sorrynotsorry#last Phoenix related one I promise#my real aviation enthusiasts will find it interesting#I like planes#airplane history!#f-14 fun fact of the day#top gun#f-14 tomcat#f14 tomcat#SOURCE: Carrier by Tom Clancy#there’s clips of the book on google books
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man some people on here are so violently anti-vegan that even when they do make some solid points, theyd rather get mad at the one misinformation they included and tell them to kill themselves. can we all agree to just chill out a little.
#like fr where is the constructive discussion here#i feel like when a vegan says something people just see that theyre vegan and immediately stop reading anything they have to say#thats not to say that theres some truly insane over the top vegans out there and lets not even get to peta but damn.#there was a post where some vegan made some good and some blatantly false points where the links broke and they all lead to the same#outdated book#which yeah thats. not helpful at all.#but bc ppl just saw someone say the links were to an old book they immediately dismissed ALL the points that were made#one of the first points that were made as a counter to 'bees can just leave' (mostly true) was that some beekeepers clip the queen bees#wings to prevent her from leaving (also mostly true)#and the comments were full of people screaming that nobody does that and its a lie and exaggerated#when a 10 second google search can get you some very good sources and recent tutorials on how exactly to do that#like ethics and all aside - some beekeepers do clip the queen bees wings. that is true.#like just. i thought we were all at the point where we agreed to not just believe anything we read on the internet and look for sources to#form our own opinion#google is free#and you CAN have a discussion with someone even if you disagree on some points. you can talk to someone with a different opinion and#agree on some and disagree on others#my siblings are vegan and im not and we dont maul each other to death over it#and i know they make some good points and then they make others that we dont agree on and that is FINE#man idk. just chill tf out jesus christ. love and peace on planet earth and so forth
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Recycling random shit to make a new sketchbook
#a shut up#book binding#pages from a large half used sketchbook that is too big for me#fabric is just. leftover clippings from something#and the cover rn is just. cardboard from my google fiber box#planning on using one of my 12 thousand t shirts to cover the cover with and make look nice
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Thanks for the tag Mira (*>∇<)ノ
Last song: I was never there by The Weeknd
Favourite colour: Pastel blue or purple
Last movie: Last Holiday (2006)
Last book: Crime and Punishment by Fyodor Dostoevsky, still reading it, it's taking forever to get through 😞
Last show: Blue lock
Sweet/Spicy/Savoury: Savoury! Because I can't handle my spice and whenever I eat sweet, I tend to want something savoury right after
Relationship status: Single (As always 😭)
Last thing I googled: Claw Clip
Current obsession: Blue lock
Looking forward to: The red envelopes that I'll get on Chinese New Year (Vietnamese New Year for me, but it's pretty much the same as the Chinese one, js w different foods)
Tagging: @someprettyname @i-am-so-strange @stretchyyonko @imvietnamesenotchinese @yue-t @koffeekat @megumri @riririnnnn @zendersenders @maidenofthemirror
Ten people I’d like to get to know better
tagged by @quiteboared
last song : Youth by Lee Know from Stray Kids
fav colour: lavender
last movie: Mufasa (watched it yesterday, ngl not the best movie very predictable T-T)
last book: Ballad of Sword and Wine book 3
last show: arcane season 2 (obsessed oh my god might start writing some jayvic to fill that hole in my heart like every other doomed yaoi )
sweet/spicy/savoury: spicy all the way and sometimes savoury. don’t like sweets at all
relationship status: forever one sided
last thing i googled: “side effects and treatment for a concussion” kim dokja be going through it
current obsession: where do i even begin T-T (orv, arcane, ouran high school host club,skk, qjj and link click) (consumption of art is my purpose in life)
looking forward to: i wanna say link click s3 but recent events make me a little scared to say that. let’s go with releasing this new fic i’ve been working on for a while. it’s a bit different from my usual work so i’m excited!
This was fun, thanks for tagging me!
Hope y’all don’t mind the tag, don’t feel pressured! @you-can-be-what-you-want-to-be, @lyrebirb , @why-i , @nelkey , @starlight-in-a-bottle , @convenientlybookish
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graphic design is my fucking passion
#i should read metamorphosis again . i havent since highschool#anyway this is a real book cover on google images its like a 2020 italian(?) ebook cover apparently#it looks like it was made in 3 minutes with clip art.
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Hmm. I should prolly download those Haymarket google play books on top of the audiobooks in case our big brother google decides they're too radical to stay on the internet
#less worried about like Iron Widow because that one is easy to find in physical print#but def worried about those socialist books#I might actually not download the two audiobooks I have on google play#at least until I can figure out a work around to Clip Jam's only flaw of not dividing longass audiobooks into chapters#I only have two audiobooks on google play anyway. Doctor Who Scratchman and the first Outlander#...look I'm a sucker for time travel okay#anyway if I download the other books to PDF I have SumatraPDF which is free and lets me annotate PDFs#look at me sticking it to the major program corporations
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read a professionally published short story a few years back and went huh. this seems familiar. it was about the first crusade, set in the space of time when the crusaders had successfully breached the walls of antioch and captured the city only to become besieged in turn by the seljuk turks who were coming to relieve the city. it was about faith, and starvation, and the discovery of the supposed holy lance in st peters basilica, and ghosts, and it was very good. anyway the reason it was familiar was because it was a rewrite of the author's hetalia fanfic that i read on livejournal in 2009.
#context: I was reading Peter Frankopan's book about the first crusade today#got to the siege of antioch and was viscerally reminded of reading that story and the Realisation#like clipping out of bounds in a video game#annoyingly I can't find the story now (the fanfic got taken down before the story was published)#I thought it might have been by arkady martine but this appears to not be the case#and googling just gets me endless pages about the crusades themselves#ah well#the universe (which others call the library)#all history is contemporary history
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RERUN ━━ Fiyero x fem!reader
author's note; this took longer than expected, i'm sorry! but here we are <3
prompt; "Admit it you missed me." "I certainly missed kicking your ass, if that's what you mean." for Fiyero x Reader? (maybe they knew eachother as kids?)
summary; fiyero's arrival in shiz university had everyone in a frenzy, but especially a certain lady from winkie country
side notes; i'm using a surname for the reader this time but its not an oc, feel free to imagine your own name! (i just didn't wanna use y/n). never read the books, so if i say anything about the vinkus/ winkie country is purely from google searches and maybe even made up by myself idk 😭
━━ ☄. *. ⋆
The newspaper pretty much hit her in the face.
She'd been walking in the courtyard, intending to head back to her dorm to get ready for her classes after an early morning jog. But the newspaper that somehow flew from a stack on one of the tables quite literally smacked her in the face.
She grabbed it with a huff, about to throw it aside. Of course, until the headline of the latest report from The Shiz Gazette caught her eye.
Prince Fiyero Spotted at Shiz!
She read it over and over again. Looked at the picture they'd printed repeatedly. Then she tossed it onto the floor, quite literally stomping over it as she ran back to her dorm.
When was the last time she saw that stupid, handsome prince? They were both younger then. Their separation was mainly because he could never for the life of him keep himself in one school — there was always something he did that had him transferred to a new one.
She'd thought that now she was in Shiz, maybe they wouldn't meet again. After all, it was quite a prestigious school. Maybe his nonchalant, slacking attitude would have him rejected the moment they saw his name.
She was so wrong.
He was here. Fiyero Tigelaar was here. The Winkie Prince. The boy she grew up with. The boy who stole her butterfly clips for no other reason than to make her run in the rain to catch him. The bane of her existence.
She was sure the universe was conspiring against her. The second she'd changed into her uniform, she left her dorm. Admittedly, it wasn't the typical blues that everyone wore. She was one of the few with a different shade; greys and lighter blues instead. She intended to head straight for her first class— only to find a small crowd gathered outside.
That horse. Oh, she knew the horse. She recognised the bloody horse before she even saw the person.
When someone finally moved their head out of the way, she caught sight of Fiyero Tigelaar himself. He was by the directory board, figuring out the layout of the place. Galinda was there too, no doubt trying to offer some touring services. He turned his head, about to respond to the blonde girl — when his gaze drifted over the girl's shoulder and found a familiar face.
A smile immediately broke on his ridiculously handsome face, his hand raised for a wave. It was as if everyone's attention immediately snapped to her.
She sighed inwardly, her eyes narrowed. The slightest nod was all the acknowledgement she gave him before she turned and trudged off elsewhere, avoiding him at all costs.
She'd heard of his little escapade to the Ozdust Ballroom, bringing quite the group of students with him for a night out in town. Already he was rubbing off on everyone, influencing them into his bad habits.
Fiyero had been in Shiz for a week now, and she'd successfully avoided him. But of course her peace and quiet couldn't last forever. In the back shelves of the library, as she skimmed through the book bindings to find a history book — she was loudly interrupted.
“Lady Yarrow.”
She nearly dropped a book with a gasp, startled by the sudden intrusion. Then she was quick to hush the person, spinning on her heels to see Fiyero's smug expression.
“This is a library,” she pointed out.
“Really? It was introduced to me as the ‘bookplace’,” he hummed, looking around as if it was a new discovery.
She rolled her eyes, inhaling deeply to prevent herself from yelling at him like she used to back when they were in Winkie Country.
“Library,” she repeated. “And you're meant to be quiet.”
Fiyero grinned, knowing she was getting ticked off already.
“And is this ever-present tension a new development? Or have I forgotten how easy you are to rile up?” he teased.
The young girl he knew was always sensitive, took everything to heart. They weren't necessarily best of friends but they weren't enemies either — or so he believed.
“Why are you here?” she deflected with ease as she turned back to searching for her book.
“I wanted to read.”
“Ha!”
“Shh, its a library,” he exclaimed in a mock whisper, repeating her earlier words as she shot him an exasperated glare.
“Why are you in Shiz?” she asked instead, moving on from the topic.
“Transferred from Royal Winkie.”
“Kicked out, I believe is the right term.”
“Oh so you have been keeping up with me?” he exclaimed, a bit of a giddy grin on his face as tailed her through the shelves.
When she didn't respond, he just skipped his way until he was in front of her. He walked backwards as she moved forward, still looking through the titles.
“I haven't. But you know our parents,” she grumbled.
“Admit it, princess, you missed me,” he teased, poking at her shoulder.
She swatted his hand away, looking up at him with narrowed eyes. He was still as insufferable as ever.
“I certainly missed kicking your ass, if that's what you mean.”
Fiyero chuckled at that, but he persisted anyway. He just kept shadowing her through the library, pestering her with random teases or jokes even until she was leaving. Even then he followed her.
She just couldn't seem to shake him even if she tried.
“Princess,” he drawled, knowing full well how much she hated when he called her that.
He couldn't help it though — getting on her nerves was his hobby. Not to mention, he hasn't seen her in years.
She ignored him though, continuing to walk through the halls and towards the garden instead. Fiyero knew she was stubborn, but so was he.
“Ignoring me won't make me go away,” he pointed out.
“Throwing a log at you might.”
His laugh was awfully gleeful for someone who just got threatened. When she settled at one of the tables in the garden, she noticed he wasn't directly with her anymore.
Just as she thought she was free of his torment, there was a daffodil suddenly in front of her face. She looked at the hand holding the yellow flower, following it up to see his cheeky and smug face. In a smooth motion, he slid the flower in her hair as an extra accessory.
"You know, I think I'll enjoy wearing you down," he said, before giving her his signature smile and walking away.
Fiyero Tigelaar made it his life mission to bother her at all times from that day onward — letting history repeat itself, as always.
liked this tale? leave a tip!
#wicked fiyero#fiyero wicked#wicked movie#wicked#fiyero tigelaar x reader#fiyero x reader#fiyero tigelaar#jonathan bailey
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Copyright takedowns are a cautionary tale that few are heeding
On July 14, I'm giving the closing keynote for the fifteenth HACKERS ON PLANET EARTH, in QUEENS, NY. Happy Bastille Day! On July 20, I'm appearing in CHICAGO at Exile in Bookville.
We're living through one of those moments when millions of people become suddenly and overwhelmingly interested in fair use, one of the subtlest and worst-understood aspects of copyright law. It's not a subject you can master by skimming a Wikipedia article!
I've been talking about fair use with laypeople for more than 20 years. I've met so many people who possess the unshakable, serene confidence of the truly wrong, like the people who think fair use means you can take x words from a book, or y seconds from a song and it will always be fair, while anything more will never be.
Or the people who think that if you violate any of the four factors, your use can't be fair – or the people who think that if you fail all of the four factors, you must be infringing (people, the Supreme Court is calling and they want to tell you about the Betamax!).
You might think that you can never quote a song lyric in a book without infringing copyright, or that you must clear every musical sample. You might be rock solid certain that scraping the web to train an AI is infringing. If you hold those beliefs, you do not understand the "fact intensive" nature of fair use.
But you can learn! It's actually a really cool and interesting and gnarly subject, and it's a favorite of copyright scholars, who have really fascinating disagreements and discussions about the subject. These discussions often key off of the controversies of the moment, but inevitably they implicate earlier fights about everything from the piano roll to 2 Live Crew to antiracist retellings of Gone With the Wind.
One of the most interesting discussions of fair use you can ask for took place in 2019, when the NYU Engelberg Center on Innovation Law & Policy held a symposium called "Proving IP." One of the panels featured dueling musicologists debating the merits of the Blurred Lines case. That case marked a turning point in music copyright, with the Marvin Gaye estate successfully suing Robin Thicke and Pharrell Williams for copying the "vibe" of Gaye's "Got to Give it Up."
Naturally, this discussion featured clips from both songs as the experts – joined by some of America's top copyright scholars – delved into the legal reasoning and future consequences of the case. It would be literally impossible to discuss this case without those clips.
And that's where the problems start: as soon as the symposium was uploaded to Youtube, it was flagged and removed by Content ID, Google's $100,000,000 copyright enforcement system. This initial takedown was fully automated, which is how Content ID works: rightsholders upload audio to claim it, and then Content ID removes other videos where that audio appears (rightsholders can also specify that videos with matching clips be demonetized, or that the ad revenue from those videos be diverted to the rightsholders).
But Content ID has a safety valve: an uploader whose video has been incorrectly flagged can challenge the takedown. The case is then punted to the rightsholder, who has to manually renew or drop their claim. In the case of this symposium, the rightsholder was Universal Music Group, the largest record company in the world. UMG's personnel reviewed the video and did not drop the claim.
99.99% of the time, that's where the story would end, for many reasons. First of all, most people don't understand fair use well enough to contest the judgment of a cosmically vast, unimaginably rich monopolist who wants to censor their video. Just as importantly, though, is that Content ID is a Byzantine system that is nearly as complex as fair use, but it's an entirely private affair, created and adjudicated by another galactic-scale monopolist (Google).
Google's copyright enforcement system is a cod-legal regime with all the downsides of the law, and a few wrinkles of its own (for example, it's a system without lawyers – just corporate experts doing battle with laypeople). And a single mis-step can result in your video being deleted or your account being permanently deleted, along with every video you've ever posted. For people who make their living on audiovisual content, losing your Youtube account is an extinction-level event:
https://www.eff.org/wp/unfiltered-how-youtubes-content-id-discourages-fair-use-and-dictates-what-we-see-online
So for the average Youtuber, Content ID is a kind of Kafka-as-a-Service system that is always avoided and never investigated. But the Engelbert Center isn't your average Youtuber: they boast some of the country's top copyright experts, specializing in exactly the questions Youtube's Content ID is supposed to be adjudicating.
So naturally, they challenged the takedown – only to have UMG double down. This is par for the course with UMG: they are infamous for refusing to consider fair use in takedown requests. Their stance is so unreasonable that a court actually found them guilty of violating the DMCA's provision against fraudulent takedowns:
https://www.eff.org/cases/lenz-v-universal
But the DMCA's takedown system is part of the real law, while Content ID is a fake law, created and overseen by a tech monopolist, not a court. So the fate of the Blurred Lines discussion turned on the Engelberg Center's ability to navigate both the law and the n-dimensional topology of Content ID's takedown flowchart.
It took more than a year, but eventually, Engelberg prevailed.
Until they didn't.
If Content ID was a person, it would be baby, specifically, a baby under 18 months old – that is, before the development of "object permanence." Until our 18th month (or so), we lack the ability to reason about things we can't see – this the period when small babies find peek-a-boo amazing. Object permanence is the ability to understand things that aren't in your immediate field of vision.
Content ID has no object permanence. Despite the fact that the Engelberg Blurred Lines panel was the most involved fair use question the system was ever called upon to parse, it managed to repeatedly forget that it had decided that the panel could stay up. Over and over since that initial determination, Content ID has taken down the video of the panel, forcing Engelberg to go through the whole process again.
But that's just for starters, because Youtube isn't the only place where a copyright enforcement bot is making billions of unsupervised, unaccountable decisions about what audiovisual material you're allowed to access.
Spotify is yet another monopolist, with a justifiable reputation for being extremely hostile to artists' interests, thanks in large part to the role that UMG and the other major record labels played in designing its business rules:
https://pluralistic.net/2022/09/12/streaming-doesnt-pay/#stunt-publishing
Spotify has spent hundreds of millions of dollars trying to capture the podcasting market, in the hopes of converting one of the last truly open digital publishing systems into a product under its control:
https://pluralistic.net/2023/01/27/enshittification-resistance/#ummauerter-garten-nein
Thankfully, that campaign has failed – but millions of people have (unwisely) ditched their open podcatchers in favor of Spotify's pre-enshittified app, so everyone with a podcast now must target Spotify for distribution if they hope to reach those captive users.
Guess who has a podcast? The Engelberg Center.
Naturally, Engelberg's podcast includes the audio of that Blurred Lines panel, and that audio includes samples from both "Blurred Lines" and "Got To Give It Up."
So – naturally – UMG keeps taking down the podcast.
Spotify has its own answer to Content ID, and incredibly, it's even worse and harder to navigate than Google's pretend legal system. As Engelberg describes in its latest post, UMG and Spotify have colluded to ensure that this now-classic discussion of fair use will never be able to take advantage of fair use itself:
https://www.nyuengelberg.org/news/how-explaining-copyright-broke-the-spotify-copyright-system/
Remember, this is the best case scenario for arguing about fair use with a monopolist like UMG, Google, or Spotify. As Engelberg puts it:
The Engelberg Center had an extraordinarily high level of interest in pursuing this issue, and legal confidence in our position that would have cost an average podcaster tens of thousands of dollars to develop. That cannot be what is required to challenge the removal of a podcast episode.
Automated takedown systems are the tech industry's answer to the "notice-and-takedown" system that was invented to broker a peace between copyright law and the internet, starting with the US's 1998 Digital Millennium Copyright Act. The DMCA implements (and exceeds) a pair of 1996 UN treaties, the WIPO Copyright Treaty and the Performances and Phonograms Treaty, and most countries in the world have some version of notice-and-takedown.
Big corporate rightsholders claim that notice-and-takedown is a gift to the tech sector, one that allows tech companies to get away with copyright infringement. They want a "strict liability" regime, where any platform that allows a user to post something infringing is liable for that infringement, to the tune of $150,000 in statutory damages.
Of course, there's no way for a platform to know a priori whether something a user posts infringes on someone's copyright. There is no registry of everything that is copyrighted, and of course, fair use means that there are lots of ways to legally reproduce someone's work without their permission (or even when they object). Even if every person who ever has trained or ever will train as a copyright lawyer worked 24/7 for just one online platform to evaluate every tweet, video, audio clip and image for copyright infringement, they wouldn't be able to touch even 1% of what gets posted to that platform.
The "compromise" that the entertainment industry wants is automated takedown – a system like Content ID, where rightsholders register their copyrights and platforms block anything that matches the registry. This "filternet" proposal became law in the EU in 2019 with Article 17 of the Digital Single Market Directive:
https://www.eff.org/deeplinks/2018/09/today-europe-lost-internet-now-we-fight-back
This was the most controversial directive in EU history, and – as experts warned at the time – there is no way to implement it without violating the GDPR, Europe's privacy law, so now it's stuck in limbo:
https://www.eff.org/deeplinks/2022/05/eus-copyright-directive-still-about-filters-eus-top-court-limits-its-use
As critics pointed out during the EU debate, there are so many problems with filternets. For one thing, these copyright filters are very expensive: remember that Google has spent $100m on Content ID alone, and that only does a fraction of what filternet advocates demand. Building the filternet would cost so much that only the biggest tech monopolists could afford it, which is to say, filternets are a legal requirement to keep the tech monopolists in business and prevent smaller, better platforms from ever coming into existence.
Filternets are also incapable of telling the difference between similar files. This is especially problematic for classical musicians, who routinely find their work blocked or demonetized by Sony Music, which claims performances of all the most important classical music compositions:
https://pluralistic.net/2021/05/08/copyfraud/#beethoven-just-wrote-music
Content ID can't tell the difference between your performance of "The Goldberg Variations" and Glenn Gould's. For classical musicians, the best case scenario is to have their online wages stolen by Sony, who fraudulently claim copyright to their recordings. The worst case scenario is that their video is blocked, their channel deleted, and their names blacklisted from ever opening another account on one of the monopoly platforms.
But when it comes to free expression, the role that notice-and-takedown and filternets play in the creative industries is really a sideshow. In creating a system of no-evidence-required takedowns, with no real consequences for fraudulent takedowns, these systems are huge gift to the world's worst criminals. For example, "reputation management" companies help convicted rapists, murderers, and even war criminals purge the internet of true accounts of their crimes by claiming copyright over them:
https://pluralistic.net/2021/04/23/reputation-laundry/#dark-ops
Remember how during the covid lockdowns, scumbags marketed junk devices by claiming that they'd protect you from the virus? Their products remained online, while the detailed scientific articles warning people about the fraud were speedily removed through false copyright claims:
https://pluralistic.net/2021/10/18/labor-shortage-discourse-time/#copyfraud
Copyfraud – making false copyright claims – is an extremely safe crime to commit, and it's not just quack covid remedy peddlers and war criminals who avail themselves of it. Tech giants like Adobe do not hesitate to abuse the takedown system, even when that means exposing millions of people to spyware:
https://pluralistic.net/2021/10/13/theres-an-app-for-that/#gnash
Dirty cops play loud, copyrighted music during confrontations with the public, in the hopes that this will trigger copyright filters on services like Youtube and Instagram and block videos of their misbehavior:
https://pluralistic.net/2021/02/10/duke-sucks/#bhpd
But even if you solved all these problems with filternets and takedown, this system would still choke on fair use and other copyright exceptions. These are "fact intensive" questions that the world's top experts struggle with (as anyone who watches the Blurred Lines panel can see). There's no way we can get software to accurately determine when a use is or isn't fair.
That's a question that the entertainment industry itself is increasingly conflicted about. The Blurred Lines judgment opened the floodgates to a new kind of copyright troll – grifters who sued the record labels and their biggest stars for taking the "vibe" of songs that no one ever heard of. Musicians like Ed Sheeran have been sued for millions of dollars over these alleged infringements. These suits caused the record industry to (ahem) change its tune on fair use, insisting that fair use should be broadly interpreted to protect people who made things that were similar to existing works. The labels understood that if "vibe rights" became accepted law, they'd end up in the kind of hell that the rest of us enter when we try to post things online – where anything they produce can trigger takedowns, long legal battles, and millions in liability:
https://pluralistic.net/2022/04/08/oh-why/#two-notes-and-running
But the music industry remains deeply conflicted over fair use. Take the curious case of Katy Perry's song "Dark Horse," which attracted a multimillion-dollar suit from an obscure Christian rapper who claimed that a brief phrase in "Dark Horse" was impermissibly similar to his song "A Joyful Noise."
Perry and her publisher, Warner Chappell, lost the suit and were ordered to pay $2.8m. While they subsequently won an appeal, this definitely put the cold grue up Warner Chappell's back. They could see a long future of similar suits launched by treasure hunters hoping for a quick settlement.
But here's where it gets unbelievably weird and darkly funny. A Youtuber named Adam Neely made a wildly successful viral video about the suit, taking Perry's side and defending her song. As part of that video, Neely included a few seconds' worth of "A Joyful Noise," the song that Perry was accused of copying.
In court, Warner Chappell had argued that "A Joyful Noise" was not similar to Perry's "Dark Horse." But when Warner had Google remove Neely's video, they claimed that the sample from "Joyful Noise" was actually taken from "Dark Horse." Incredibly, they maintained this position through multiple appeals through the Content ID system:
https://pluralistic.net/2020/03/05/warner-chappell-copyfraud/#warnerchappell
In other words, they maintained that the song that they'd told the court was totally dissimilar to their own was so indistinguishable from their own song that they couldn't tell the difference!
Now, this question of vibes, similarity and fair use has only gotten more intense since the takedown of Neely's video. Just this week, the RIAA sued several AI companies, claiming that the songs the AI shits out are infringingly similar to tracks in their catalog:
https://www.rollingstone.com/music/music-news/record-labels-sue-music-generators-suno-and-udio-1235042056/
Even before "Blurred Lines," this was a difficult fair use question to answer, with lots of chewy nuances. Just ask George Harrison:
https://en.wikipedia.org/wiki/My_Sweet_Lord
But as the Engelberg panel's cohort of dueling musicologists and renowned copyright experts proved, this question only gets harder as time goes by. If you listen to that panel (if you can listen to that panel), you'll be hard pressed to come away with any certainty about the questions in this latest lawsuit.
The notice-and-takedown system is what's known as an "intermediary liability" rule. Platforms are "intermediaries" in that they connect end users with each other and with businesses. Ebay and Etsy and Amazon connect buyers and sellers; Facebook and Google and Tiktok connect performers, advertisers and publishers with audiences and so on.
For copyright, notice-and-takedown gives platforms a "safe harbor." A platform doesn't have to remove material after an allegation of infringement, but if they don't, they're jointly liable for any future judgment. In other words, Youtube isn't required to take down the Engelberg Blurred Lines panel, but if UMG sues Engelberg and wins a judgment, Google will also have to pay out.
During the adoption of the 1996 WIPO treaties and the 1998 US DMCA, this safe harbor rule was characterized as a balance between the rights of the public to publish online and the interest of rightsholders whose material might be infringed upon. The idea was that things that were likely to be infringing would be immediately removed once the platform received a notification, but that platforms would ignore spurious or obviously fraudulent takedowns.
That's not how it worked out. Whether it's Sony Music claiming to own your performance of "Fur Elise" or a war criminal claiming authorship over a newspaper story about his crimes, platforms nuke first and ask questions never. Why not? If they ignore a takedown and get it wrong, they suffer dire consequences ($150,000 per claim). But if they take action on a dodgy claim, there are no consequences. Of course they're just going to delete anything they're asked to delete.
This is how platforms always handle liability, and that's a lesson that we really should have internalized by now. After all, the DMCA is the second-most famous intermediary liability system for the internet – the most (in)famous is Section 230 of the Communications Decency Act.
This is a 27-word law that says that platforms are not liable for civil damages arising from their users' speech. Now, this is a US law, and in the US, there aren't many civil damages from speech to begin with. The First Amendment makes it very hard to get a libel judgment, and even when these judgments are secured, damages are typically limited to "actual damages" – generally a low sum. Most of the worst online speech is actually not illegal: hate speech, misinformation and disinformation are all covered by the First Amendment.
Notwithstanding the First Amendment, there are categories of speech that US law criminalizes: actual threats of violence, criminal harassment, and committing certain kinds of legal, medical, election or financial fraud. These are all exempted from Section 230, which only provides immunity for civil suits, not criminal acts.
What Section 230 really protects platforms from is being named to unwinnable nuisance suits by unscrupulous parties who are betting that the platforms would rather remove legal speech that they object to than go to court. A generation of copyfraudsters have proved that this is a very safe bet:
https://www.techdirt.com/2020/06/23/hello-youve-been-referred-here-because-youre-wrong-about-section-230-communications-decency-act/
In other words, if you made a #MeToo accusation, or if you were a gig worker using an online forum to organize a union, or if you were blowing the whistle on your employer's toxic waste leaks, or if you were any other under-resourced person being bullied by a wealthy, powerful person or organization, that organization could shut you up by threatening to sue the platform that hosted your speech. The platform would immediately cave. But those same rich and powerful people would have access to the lawyers and back-channels that would prevent you from doing the same to them – that's why Sony can get your Brahms recital taken down, but you can't turn around and do the same to them.
This is true of every intermediary liability system, and it's been true since the earliest days of the internet, and it keeps getting proven to be true. Six years ago, Trump signed SESTA/FOSTA, a law that allowed platforms to be held civilly liable by survivors of sex trafficking. At the time, advocates claimed that this would only affect "sexual slavery" and would not impact consensual sex-work.
But from the start, and ever since, SESTA/FOSTA has primarily targeted consensual sex-work, to the immediate, lasting, and profound detriment of sex workers:
https://hackinghustling.org/what-is-sesta-fosta/
SESTA/FOSTA killed the "bad date" forums where sex workers circulated the details of violent and unstable clients, killed the online booking sites that allowed sex workers to screen their clients, and killed the payment processors that let sex workers avoid holding unsafe amounts of cash:
https://www.eff.org/deeplinks/2022/09/fight-overturn-fosta-unconstitutional-internet-censorship-law-continues
SESTA/FOSTA made voluntary sex work more dangerous – and also made life harder for law enforcement efforts to target sex trafficking:
https://hackinghustling.org/erased-the-impact-of-fosta-sesta-2020/
Despite half a decade of SESTA/FOSTA, despite 15 years of filternets, despite a quarter century of notice-and-takedown, people continue to insist that getting rid of safe harbors will punish Big Tech and make life better for everyday internet users.
As of now, it seems likely that Section 230 will be dead by then end of 2025, even if there is nothing in place to replace it:
https://energycommerce.house.gov/posts/bipartisan-energy-and-commerce-leaders-announce-legislative-hearing-on-sunsetting-section-230
This isn't the win that some people think it is. By making platforms responsible for screening the content their users post, we create a system that only the largest tech monopolies can survive, and only then by removing or blocking anything that threatens or displeases the wealthy and powerful.
Filternets are not precision-guided takedown machines; they're indiscriminate cluster-bombs that destroy anything in the vicinity of illegal speech – including (and especially) the best-informed, most informative discussions of how these systems go wrong, and how that blocks the complaints of the powerless, the marginalized, and the abused.
Support me this summer on the Clarion Write-A-Thon and help raise money for the Clarion Science Fiction and Fantasy Writers' Workshop!
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/2024/06/27/nuke-first/#ask-questions-never
Image: EFF https://www.eff.org/files/banner_library/yt-fu-1b.png
CC BY 3.0 https://creativecommons.org/licenses/by/3.0/deed.en
#pluralistic#vibe rights#230#section 230#cda 230#communications decency act#communications decency act 230#cda230#filternet#copyfight#fair use#notice and takedown#censorship#reputation management#copyfraud#sesta#fosta#sesta fosta#spotify#youtube#contentid#monopoly#free speech#intermediary liability
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would you have any reading suggestions to learn more about the earrings are evil era??? I've never heard of that aspect of fashion history and I am curious
Oh man, it was wild
you saw the first stirrings of it in the 1890s, when you started to get (mostly white and middle-to-upper-class) proto-feminists arguing that ear piercing was barbaric- keep an eye on the racist undertones there; they will come up again-and forcing women to suffer for fashion. I cannot emphasize enough that, until that point, ear piercing had been pretty much normal for this race/class/gender group. For centuries. You see criticism of the practice here and there, but nothing that really stuck.
The objections slowly increased until roughly the mid-1920s, when everything reached a tipping point and pierced ears became largely taboo for most white Americans and Brits of northern/western European descent. If that sounds HIGHLY specific, it is- communities from southern and sometimes eastern Europe retained cultural practices of ear piercing, to the point where it was often used as a point against them by mainstream society. It was also associated with Latino people, Black people, and the Romani, which. Yeah. I don't need to tell you how that went down.
It also developed associations with sexual immorality and/or backwards thinking. One newspaper letter I read came from a teen girl in the 1940s, wondering why she shouldn't pierce her ears if her very respectable grandmother had piercings. The response was something like "well, they did all sorts of things in the Bad Old Days that we shouldn't do now." True in many ways, or course, but...piercing your ears? That's the hill culture decided to die on as far as antiquated behavior that we should leave behind? Apparently yes.
Earrings themselves never went out of style, which led to the birth of clip-ons and screwbacks. Ironic that the "don't surfer for fashion" crowd was so eager to embrace screwing tiny vices onto your ears, but there we are. My own mother (born 1953) remembers her mother (born 1926) always taking off her screwback earrings immediately after getting home from a party, literally in the foyer of their house the second the door shut. There had been adaptations for unpierced ears before- Little Women, published in 1868, describes Meg March hanging earrings from a flesh-colored silk ribbon tied around the base of her ear -but they'd never caught on like this before.
However, the pendulum was soon to swing back. After just 40 years of Piercing Panic, in the 1960s, girls began piercing their ears again in droves. As piercing moved from the slumber party or summer camp back to the professional jewelers whose families had been early professional piercers in the 19th century- and to befuddled doctors who had no idea what they were doing yet still received piercing requests -cultural commentators had no idea what to make of it. Some decried the new trend while most took an air of bemused neutrality. My personal favorite article expressed surprise that "Space Age misses" were adopting these "Victorian traditions."
(In 1965, my grandmother took Mom to the anesthesiologist down the street who was offering to pierce his young daughter's friends gratis, and got it done. My grandfather had strongly disapproved of the idea, but in the end it took him a week to notice the new earrings.)
As to sources...honestly, I've just gone to Google Books, specified a time frame, and typed in "ear piercing," "pierced ears," "pierce ears," etc. Tons of primary sources at your fingertips, though I'm not always great about documenting or saving what I find. There's not much written about it formally, I've found- no books or scholarly studies. It may just be too close in history to attract much academic attention, though I find it fascinating.
This little blip where something that's been normal for most of western history suddenly became taboo for a hot second.
Also my ear piercings just turned 20 five days ago, commemorating the date that I was taken with much ceremony to Piercing Pagoda (and that horrible gun; it's a wonder I didn't get keloids) to get me out from underfoot while the Thanksgiving feast was being made. Grandma got hers pierced on the same day, at age 78. Happy Birthday, Marzi's ear piercings!
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You might have gotten this question before- if so I’m sorry- but I just want to know how you do it!!
Every chapter you write is of such high quality, and so long too! There’s so many intricate bits and pieces working together! I’m re-reading GITM from the start again, and with knowledge from later chapters it just- gah! It plays into itself so so well!!
How do you stick with it?? How do you keep putting out banger after banger without slowing down? I’ve always had a hard time with sticking to projects and lengthier things, so to see GITM is like utter magic to me /pos
Hope you have a wonderful day!
Ahhh thankyou so much!
Honestly? It's cause I have the entire story planned out. What you see in GITM at the moment is the very tip of a very large iceberg and oh my GOD I want to get to the meat of the story so bad. I want to share Sol's backstory, I want Ruin to wake up and immediately announce Cricket is his best friend! I want you to meet Sombra, I want to introduce Harvest, I want to show Cricket coming into their own, I want to get to them confronting Harry (for better or worse). I want them to remember Clip! I want to write the scene where they finally recall all their memories of him- I want to write that embrace with my whole fucking soul. I want to write Sol realising that he has the capacity for feelings. I want to write Fool discovering that he is The Main Character, actually. I want to break everyone's hearts with Noon's backstory. With Security's backstory. I want to make people HATE certain characters and then learn to love them as Cricket decides to drag those characters kicking and screaming into the light. I want the robots to realise their human friend never had a childhood. I want them to try and make up for lost time. I want Misuta to realise the difference between the love that exists in books and the kind of love you have to choose in real life. I want Sunspot to let himself fucking HEAL. I want I want I want. I want to smooch the robots, so bad. But to do all of that I have to write the fucking fic so.... I best get off tumblr and back on google docs.
Let me be clear: this is pure magnum opus hyperfixation. I cannot get off this train. I need to tell this story or I might die.
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what happens when you type into the computer (BOOK OF BILL SPOILERS)
HELLO THE WEBSITE HAS UPDATED and different things happen when you type things into the computer on the screen. if a character/word isnt relevant the computer gives a red X. so far i've found:
stanley: takes you to an ebay search for brass knuckles, entering his name repeatedly will take you to various grunkle-related eBay searches until you get to bill's wheel of shame with much more to click
mabel: adds stickers to the set. you can keep hitting enter until the the room has been "fully mabelized"
ford/sixer: a case file on ford's extra digits
soos: a long set of notes about how soos is doing running the mystery shack
dipper: a note presumably from bill to dipper "informing" him that he can decode messages by staring into the sun. if you enter his name multiple times bill urges you to keep looking with words of encouragement as each note becomes progressively blurry and splotched with black until the entire notecard turns black
bill: this youtube video (and no it's not a rickroll)
gideon: an audio recording plays of gideon humming/scatting to the tune of "we'll meet again", ending with a whispered message of "i love you, mabel"
wendy: a note pranking you with the the 👌 emoji
mcgucket/fiddleford: the cotton eye joe music video
pacifica: a warning note about the book of bill mabel made her write
robbie: chat messages between him and thompson as they prepare to summon bill (as mentioned in tbob) with an image of their encounter
tad strange: the computer plays clips of bread being sliced set to jazzy instrumentals. this enables the glowing red button on the computer to turn green to switch the bread videos on and off at will
blendin: a message appears on the screen reading "time agent lost and presumed incompetent"
weirdmagedon: a newspaper page from the gravity fall's gossiper utilising the "nevermind-all-that-" act and stating "nothing happened" that day
axolotl: text onscreen appears: "you ask alotl questions"
T.J. eckleburg: text onscreen appears: "never mention that name again"
cipher: links to a wikipedia page about triangles
blanchin: pulls up a youtube tutorial on how to blanche vegetables
triangle: one half of a parenthesis appears on the computer ")", will also pop up with "tri harder"
dippy fresh: links to this image
mystery shack: links to a google search for confusion hill
gravity falls: text appears onscreen reading "never heard of it"
portal: text appears onscreen reading "portal.exe has been deleted. i bet you could build one"
theraprism: a notice sign appears- "in case of (coded words) do not use elevators" with a graphic of a person and a cthulu like monster on stairs
blind eye: an eye chart utilising the same string of letters- "WKHBOOVHH" that gets smaller each line, paired with blocks of color- the cursor turns into a "zoom in" tool that actually just makes the page blurrier with each click
creepypasta/horror: an entry on the urban legend "the always garden"- a liminal space/backrooms style restaurant anomaly
alex hirsch: links to a google search for flannels
toby determined: links to a google search for restraining order
dorito/chip: a dorito slowly enlarges on the computer screen and then becomes a jumpscare of a toothy bill, who periodically screams for a bit before the video finishes
love/boyfriend/romance: pulls up the parody romance novel, clicking starts an audio recording of the book
death: text appears onscreen: "life's goth cousin"
book of bill: text appears onscreen: "hide it under shirt during pledge of allegiance"
life: text appears onscreen: "life: 72% complete. now loading: death"
baby/lalala: an ultrasound of a baby bill in a womb and a message congratulating you
pines: text appears onscreen: "a good family tree"
weird: a video of weird al yankovich appears on the screen, he's confused and shouts for bill to get him out of there
waddles: links to a pig adoption website
mickey/disney: text appears onscreen: "rat.gif censored for your protection"
ducktective: text appears onscreen reading "ducktective stars in 'love, quacktually', coming to 'oi, it's the cockney channel innit?' this fall"
mason: a note from dipper about ford teaching him anagrams, plus a coded message with that technique
tyrone/clone: a picture of the janky dipper clone with a message that he's yours now
matpat/game theory: a video of matpat and a conspiracy board, he turns to say "hello internet, you're on... you're own... good luck" as he holds the book of bill
skeleton: text appears onscreen: "the one with the sword! he found you!"
scary: pulls up a parody goosebumps book "spookemups", clicking on it starts an audio recording of neil cicierega reading a section
divorce: pulls up a logo for "o'sadley's'"
music: enables you to click the dial, clicking the dial plays loud static
math: bill recounting an encounter he had with plato
conspiracy: a video of charlie day in a tin foil hat rambling about the website's previous state, holding the book of bill
okay that's enough from me, there's SO MUCH MORE that I just can't keep up with!! Happy searching!
#lane speaks#look i typed this in real time just goin off my dome if you have suggestions GIMME#gravity falls#the book of bill#tbob#tbob spoilers#bill cipher#the book of bill spoilers#long post#already edited to add the toby one i just saw LOL
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youtube
I'm gonna be lazy and copy+paste my comment on youtube onto here too...
Making this video was like book ends for me. I became interested in Magia Record because of online magical girl transformation compilation videos.
I was a day one player for the North American server-- I became really obsessed with the quotes the girls would say, so I started my first youtube channel and uploaded clips of what they were for anyone else who was curious. This grew into recording Magical Girl Stories, Events, and Log-in stories, but it was a slow process.
When the NA EOS was announced, I dealt with my sadness by recording as much content as possible. I actually damaged my eyes by focusing on screens too much. I became acquainted with the Magia Union Translations server and started recording videos for Antimony and friends.
Then a bunch of copyright claims started to go out, targeting the music used in the videos. At this point I started hosting and paying for a google drive to upload everything to just as a backup. We were able to get videos back up by filing disputes but we were all really nervous for a few months on what to do. Additionally, since a bunch of channels were now no longer hosting magia record recorded game content, I decided to make this second channel and host those too.
And at the end of JP EOS, I've gone full circle. I started by being interested in this game because of the cool transformation video compilations, and now I've made one of my own. It's a weird sense of closure.
<3 Love you all, enjoy.
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Hi! Where do you find all your news clippings, especially the Victorian ones? Currently I’ve been devouring every book I can get my hands on about Victorian era anything. But really I want to get a sense of the people, and I’d love to just browse through Victorian era letters/newspapers.
Thanks for any help or ideas!
While many historical newspapers are behind a paywall, there are still tons available for free online. Unfortunately they are scattered on lots of different sites so you sometimes have to dig a bit.
The largest single free online newspaper collection is Chronicling America, which is jointly run by National Endowment for the Humanities and the Library of Congress - however it only has American newspapers.
The National Library of Australia has a similar large online collection called Trove, and The National Library of New Zealand has Papers Past.
Most large universities or state historical societies have some sort of online newspaper collection, usually limited to their particular geographic area.
When I start a project focusing on a certain area my first google search is usually '[location] newspaper archives', just to see what pops up.
If you can't find what you're looking for on a free archive, try contacting your local public or university library! Many libraries have subscriptions to paid archival sites, some of which you can even access at home if you have a library card.
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WRITING RESOURCES
This post will be updated with new entries Last updated: 01 Aug, 2024 See the Updated Version!
WRITING TIPS & RESOURCES
ASL: Technicques to Write Signed Dialogue
Disability Writing Guides (Another resource post)
Disabilities that You Should Consider Representing in Your Writing More Part 1 (Another esource post)
Editing Service (by @concerningwolves)
Emotional Intelligence in Conflict
Ellipsus, the New Collaborative Writing Tool
Difficult Chapters
Drafting: Four Methods for Highly Anxious Individuals
Writing Disability: Overused Tropes
General Writing Resources Post (Collaborative)
Lay or Lie
MS Word Shortcuts Guide
Niel Gaiman Teaches the Art of Storytelling
Platonic Relationship Development
Passive Voice Advice
Publishing
On Punctuating Speech
Scene Transition
Sentence Ending Pointers
YA MacGuffins and Games, A Trope Analysis
Your Readers Don't Know - The Truth of the First 30 Pages
Weirdly Specific but Helpful Character Building Questions
The Writer's Sus Resources Post
The Writer's Workbook
WHUMP
The Anatomy of Kill Blows (Collaborative)
The Biology of Human Survival (Life and Death in Extreme Environments), by Claude A. Piantadosi
Whump Events (A linked Google doc by @whumpsday )
Whump Reference Books (A linked list created by @bump-of-whump )
Whump Resources (A resource post by @a-crumb-of-whump , how to start a whump blog, oc advice, advice on motivation and dealing with discouragement, and games
Iron Comb (Iron combs for processing wood/flax fibre used as a torture device in historical settings)
Mer Whump Bingo by @a-crumb-of-whump
The Whumpy Printing Press is Open for Submissions for Publication of Whumpy Novels!
WOUNDS, INJURIES, & TRAUMA
GSW Recovery - [A] [B] [C]
Malnutrition
Migraines
Passing out from pain
PTSD Dreams
Scar Tissue Info
Sleep Deprivation
Writing Traumatic Injuries Resources (Another resource post)
More Resources for Writing Injuries (Another resource post)
WEAPONS
Gun information
The Safety and Mechanism of a Bolt Action Rifle
Bolt Action Rifle Mechanism (Animated diagram)
Semiautomatic Rifle Mechanism (Animated diagram)
Pump Action Rifle Mechanism (Animated diagram)
CLOTHING
African Women's Fashion (Outfit examples video)
Lady's Clothes Guide
Men's Fashion Guide
Men's Suits Guide
Period Clothing References
Shirt types
Vintage Fashion Clips (Saved for scarf pin :))
MISC
African Hair Care and FAQ
Art Resources and References (Another resource post)
Creating a Chinese Name
Writing Deaf, Mute, or Blind Characters
Place Description Aid...?
Directional Hearing Underwater
Drawing Fat Simple
General Cane Guide
Ideas to Consider when Creating BIPOC Characters
POC Stock Photos
Wheelchair References for Art and Writing (features images)
Whump Community Directory (Tumblr blogs)
Wikipedia Monster Compilation Pages for People (Another resource post)
If there're any broken links, please let me know!
#emc's shit#writing resources#whump resources#i store neat shit i find :3#2nd link in the entry of the whump category is missing??????
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