Showing posts with label law. Show all posts
Showing posts with label law. Show all posts

Monday, February 27, 2012

Pinterest = Internet Thievery, Unfairness, and Ugliness

(Long post but important)

Just because you can do something doesn't mean you should do it.  Morals and ethics is all about this, making choices to do the right thing.  Humans are not just following insticts, we can think, decide, do or not do.  If you can steal something, should you?  If you can make money on someone else's efforts without giving them anything, should you?  If you can live without caring about others, should you?  Pinterest and many of its users do.

OK, I had not heard about Pinterest until a few days ago, and looked it up and fell in love.   Temporarily.  Very temporarily. So, I had a 20 hour love affair with Pinterest, and now we are partly separated (not totally, read on).  I know, this just happened AFTER I wrote that long thing about how we are too addicted to the internet, and I fell right into the addition to Pinterest trap. 

Pinterest is a great way to collect links and thumbnails to all the interesting things you find on the web so you can find them again, or to make pinboards of images for inspiration, education, or useful things. It is exploding on the internet right now.  So far so good, and that is what I loved about it.  So much interesting stuff!!!   

But then I clicked on an image to find out more and it linked back to Google Images, or I got a 404 error, or it linked me to Tumblr's home page, and something was obviously not right.  Where did the image come from?

When I signed up for Pinterest I read the rules for the site, and it says that you have to have the right to pin anything made by you or that you have the copyright for, so you can't pin things copyrighted by others.  But people do, 99% of people in Pinterest do, maybe more, and very few even give credit and source for each image.  A typical pinned image is a photo of a gorgeous room with the note "I love this". No facts on where that image came from.

That can't be right, I thought, obviously this image wasn't taken by whatever house wife in Florida that pinned and loved it.  Then I started googling "Pinterest copyright" and found a large set of recent articles about how Pinterest is avoiding by getting into trouble by making all its users, not themselves, legally liable for any copyright infringement.  (Their own blog shows how upset some people are by this. Other info here, good post here, more, )

Pinterest takes no responsibility at all, and in fact, by using it you agree to give all the images you have pinned (and thereby downloaded to Pinterest as high-resolution photos, mostly illegally in my opinion) to Pinterest for free. Pinterest then have the right to sell these photos and make money of them, even if they are copyrighted by someone that had no idea that you pinned their gorgeous photo or art or craft idea, etc.

So, say that I pin my photos which are under Creative Commons license on Flickr to my board on Pinterest, and as soon as I have done that, I have no longer any control over them.  Pinterest could sell them to Target to use in their advertising and I would get zero dollars, and I would not be asked for permission.  This is so wrong!!!

Similarly, if a user pins an image of a new Porsche, Pinterest now has the right to use that image, even if it is copyrighted by Porsche. Simply put, Pinterest is fooling everybody, and stealing from everybody. And they let their users get away with it, and the users let Pinterest get away with it.  Just like drug addiction... They need each other, the users and the company.

Pinterest's solution is that anybody that finds their copyrighted image pinned onto Pinterest by a user can contact them and have it removed from Pinterest's website.  So it is up to the owner of the image to search the internet and complain. (This is unimaginable hard...)  Imagine this happening with actual items.  Someone comes into your house, robs you, and goes away with some of your stuff.  Now you have to look for your things wide and far, and they are not marked with your name, address or anything.  And if you find your things, then you have to fill out an online form and eventually you can get the stuff back.  And in the end, the stealing doesn't get punished at all.

In fact, Pinterest doesn't care that its users pin lots of copyrighted things, and if there is a problem (say, they get sued by Modern Museum of Art for some art images a user has pinned), then the user will have to pay the legal bills for both herself AND for Pinterest's lawyers.  It is all in the user agreement, and very clear.  How can this be right?  How can this be ethical?  The user could be a company too, so if McDonalds pins a photo of a burger, they could get sued.... but Pinterest wouldn't.  How crazy.


 So, removed my pins and boards and now I am only 'liking' things I see on Pinterest, so I can use the links and cool ideas here on the blog, after getting proper permission and linking to the original source.  I am all for sharing, but it has to be FAIR with PROPER credit.  It is very well explained on the Link with Love website, who made a special pinnable image for Pinterest (see left).  So, this is what I believe and think we should do, all of us.  Link with love, be fair, don't steal, and read more here.

So, what should Pinterest do, to get it right?  Well, only store thumbnails, like Google.  Demand that all photos are tagged with source (url), and source information (name, company, etc.), and mark all photos with the proper copyright license [public work, creative commons, all rights reserved, etc.].  And Pinterest should not have the right to use any of the pinned images by anybody. 

I predict that Pinterest will be hit with a giant lawsuit by some media company like Martha Stewart Magazine, AP, or an art organization on behalf of their members soon, and then it will be in big trouble. The company is doing everything according to US law right now, but only by putting all responsibility and liability on the users, most of which probably have no idea that they are doing something illegal or deeply unethical. As one user said "it is just a picture, who cares?"  This is just seriously wrong. It reminds me of gun manufacturers or cigarette makers that provide deadly weapons and then take no responsibility at all, because 'who could have predicted that someone would shoot with it at another person?", etc. Sigh...

Monday, August 18, 2008

American values

I am about to become a double citizen, both Swedish and American, so I can vote here in the US. I figured that since I have lived here now for 14 years or so and pay lots of taxes, I might as well have a say in how my taxes are used and who will be the president (and I hope it won't be the 'old white-haired wrinkly guy').

On the citizenship application you have to answer some really specific questions, such as:

Have you joined any organization, including the Communist Party, or become associated or connected therewith in any way?

Have you practiced polygamy, received income from illegal gambling, been a prostitute, procured anyone for prostitution or been involved in any other unlawful commercialized vice, encouraged or helped any alien to enter the United States illegally, illicitly trafficked in drugs or marijuana, given any false testimony to obtain immigration benefits, or been a habitual drunkard?

There are some more questions too, mainly about if you have been arrested or convicted of any crimes and if you are willing to bear arms in the military for the US.

I find it really interesting that what they focus on are a few 'evil' things, and there is a lot more that is unsaid. Isn't marijuana a drug? Why is that listed specifically? Why not list heroin specifically? What counts as a habitual drunkard? Which organizations are people supposed to list? What if you joined the Norwegian Modelboat Building Association of Northern Minnesota? Do you have to list that? The Cold War fear is still present with the specific mention of the Communist Party. What about Nazist, aren't they as bad? Polygamy?

What if you are a man that is a member of the Cooperative Commune Party in Outer Minneapolis, just helped a green alien to land on Earth, bought a prostitute a breakfast one morning, grow marijuana as a medical drug, have a Kentucky bourbon every night, and are married to 5 women in 5 states, but you don't know about it because you are suffering from some severe personality disorder? You could never become a citizen...

(Just heard a squirrel running on the side of the house. They climb up and down without any effort at all. Silly squirrels. Thinking about it, animals don't need to pass any citizenship tests, they can behave however they wish and won't get kicked out of the country.)

It would be reallyy interesting to see what questions Sweden asks its potential citizens. Since the Communist Party (now called the Left Party) is in the parliament, I doubt that question is included. I think I find that question the most old-fashioned and outdated.