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Todd Lehman <lehman@javanet.com> wrote:
> All right. You have this artist friend. She paints things. She invites
> you and fifty other people over for a housewarming party. Great party,
> lots of fun, lots of neat things going on. She's got a couple of her
> latest paintings up on display, even.
I may revisit this tomorrow after all the spirits are flushed out of
my system, but on the surface this is a bogus analogy.
Front window/back window. Signs pointing HERE - Look at this! No
signs pointing to other areas, but stuff still there to be seen. No
trespassing by walking into private propery, no "hiding" and
secretly going through someone else's private truly hidden stuff.
A lot of times when you find things on sites that aren't directly
linked it takes no more effort than walking around to another side
of a building. http://www.yada-yada.yada.com/stuff.asp?1111 is a
cool pic you see on a page? Wow, I wonder if
http://www.yada-yada.yada.com/stuff.asp?2222 is also? Gee, it is.
Neat, hey check this out.
> Now the next day this guy gets on the Internet and posts detailed
> descriptions of what he saw, what your friend the painter painted. (Let's
> say she's sort of famous, so people are interested.)
>
> Now, what's the analysis of that?
Note I don't buy this analogy, but this is fun.
> 1. Does your friend get angry?
She does if she doesn't want to take responsibility for her own
actions/inactions/poorly thought out partly plans, sure.
> 2. Does she have a right to get angry?
Does she have a right to get angry that one of the people she
invited into her private home, filled with liquor, and allowed free
run of her property, including her unlocked private studio, ended up
seeing something she didn't want see, then went off and blabbed
about it?
No.
> 3. Did anything illegal happen?
Nope.
> 4. Did anything immoral happen?
Depends, I guess. Dunno.
> 5. Was any information unlawfully leaked?
Dunno.
> 6. Was privacy invaded?
I doubt it - unless she specifically told them, "hey, I'm glad
you're here at my party, but this door right here? You aren't
allowed in here, ok?"
> 7. Were publicity rights infringed?
I don't know what publicity rights are. If she's stupid enough to
leave her stuff laying around for some drunk to find in her home
(the drunk being someone she invited in, probably to build up hype
anyway, maybe to milk for money or support or contacts) then I don't
think her main concern needs to be her publicity rights - it needs
to be common sense.
Just like I display common sense by not storing all my credit card
numbers and expirations in world-readable files on my website, even
in an unlinked fashion.
> 8. What would happen in court if your friend tried to sue this guy?
Dunno. Don't care, really. Brad's already admitted he sorda
misspoke and expressed more a request for courtesy than a demand
based on the legal protection of TLG's "rights". I can respect that
- but I'm with Matthew 100% - claims like those he seemed to be
making _cannot_ be allowed to stand unchallenged - and you should
know and agree with that.
--
The parts you want and nothing else?
http://jaba.dtrh.com/ - Just Another Brick Auction
Why pay eBay? Run your own LEGO auctions for free!
http://www.guarded-inn.com/bricks/
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