I fucked with the title a bit. What i linked to was actually a mastodon post linking to an actual thing. but in my defense, i found it because cory doctorow boosted it, so, in a way, i am providing the original source here.

please argue. please do not remove.

  • @[email protected]
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    1 year ago

    in the ethical sense, everything is fair use. period.

    So if someone spends decades of their life and millions of their own dollars to creating or researching something, in your opinion, you and everyone else is entitled to the fruits of their labor?

    in the legal sense, everything is fair use until it’s proven in court not to be.

    That makes zero sense. Just because a court hasn’t yet deemed that specific action illegal doesn’t mean it’s not illegal when you do it. Doesn’t matter if the crime is theft, rape, murder, etc.

    • @[email protected]OP
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      131 year ago

      if anybody gets a copy of it, they have no ethical obligation not to share it, and every ethical justification for sharing it.

        • @[email protected]OP
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          111 year ago

          this reads like an appeal to ridicule. if you have an objection to what I said please state it.

          • @[email protected]
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            41 year ago

            Every web request costs someone money. If you aren’t paying them you are being provided a service. They’ve given you knowledge/ material in their possession free of charge. You are taking advantage of that good will by using the content for purposes not intended. That is a moral failing.

            To be clear the ownership of the material is not important, just the access is immoral, as the harm is already done.

            Ill add the caveat that it can be moral if they’ve specifically told you you can via the websites robot.txt file which websites of consequence all have. But the assumption has to be they don’t intend this because that is how consent works.

            • @[email protected]OP
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              51 year ago

              the assumption has to be they don’t intend this

              why? if someone publishes something on port 80, why should I ever assume they mean anything but for me to have and use that data?

              • @[email protected]
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                51 year ago

                Because there is a standard way for people to make their consent known. Just because you ignore someone withholding you consent doesn’t mean you are free morally.

            • @[email protected]OP
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              51 year ago

              They’ve given you knowledge/ material in their possession free of charge.

              this is a very common human activity

                  • @[email protected]
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                    11 year ago

                    The original post in this chain talked about ethics, I was continuing that conversation.

                    In terms of free use, I feel the collection/aggregation of the data is a work in itself. You are taking a greater portion than the author specified you can take. Courts have ruled this does not constitute free use when people used yahoo’s market data. How is it any different now when people are using orders of magnitudes more data.

            • @[email protected]OP
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              31 year ago

              You are taking advantage of that good will by using the content for purposes not intended. That is a moral failing.

              only if there were so e sort of agreement about what the acceptable uses are and what is not acceptable.

              • @[email protected]
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                31 year ago

                That’s exactly what robot.txt is… they spell out that they don’t want you to access this site with an automated system.

                • @[email protected]OP
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                  31 year ago

                  right. so hiring 50 college kids to manually visit every page and cache it for study is fine.

                  • @[email protected]
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                    21 year ago

                    That would probably be more expensive than just paying companies. But it is morally different because a human did visit their website so their good will was not violated as they expressed this consent when they published the website.

            • @[email protected]OP
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              21 year ago

              If you aren’t paying them you are being provided a service.

              if you ARE paying them, you’re being provided a service, too

              • @[email protected]
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                21 year ago

                Yes I agree your use style could be immoral based on the agreement your transaction specifies. But if you’ve agreed your payment is to access their material then you have consent.

          • @[email protected]
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            11 year ago

            this reads like an appeal to ridicule.

            I don’t know what this is supposed to mean. Speak plainly.

            if you have an objection to what I said please state it.

            I don’t even know where or how to begin arguing against a position that’s flawed on such a basic level.

            • @[email protected]OP
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              111 year ago

              an appeal to ridicule is also called a horse laugh fallacy. it’s like writing lol instead of actually explaining what’s wrong with the position to which your objecting. this response also reads like an appeal to ridicule. if you can’t explain what’s wrong with my position, maybe you shouldn’t be speaking about my position.

              • @[email protected]
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                11 year ago

                You’ve already done a fine job of explaining exactly what’s wrong with your position. You think you’re entitled to the fruits of others’ labor. It’s as simple as that.

                • @[email protected]OP
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                  71 year ago

                  You think you’re entitled to the fruits of others’ labor.

                  this isn’t what I said. it’s a straw man.

                  • @[email protected]
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                    31 year ago

                    My guy, you think you can just write off everyone’s argument by just assigning it some words you read on Wikipedia.

                    It’s literally exactly what you said. You’re moving the goal posts.

                • @[email protected]OP
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                  41 year ago

                  You’ve already done a fine job of explaining exactly what’s wrong with your position

                  I’ve only stated my position. I haven’t actually provided any justification one way or the other. your suggestion that I have sounds like gas lighting.

    • @[email protected]OP
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      51 year ago

      Just because a court hasn’t yet deemed that specific action illegal doesn’t mean it’s not illegal when you do it. Doesn’t matter if the crime is theft, rape, murder, etc.

      theft rape and murder are criminal matters. copyright is civil, and, yes, the courts can adjudicate every individual case.

      • @[email protected]
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        31 year ago

        theft rape and murder are criminal matters. copyright is civil

        It’s…a civil crime. Not sure what your point is.

        the courts can adjudicate every individual case.

        Just like theft, rape and murder…

        • @[email protected]OP
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          31 year ago

          Just like theft, rape and murder…

          except that sometimes those are statutory. fair use claims cannot be statutory.