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I have some non standard thoughts about this, which is it has issues going both ways. I think most of us agree the judge is working from a place of ignorance, but: could this really apply to links and not just embeds?Permalink On twitter.com
Mood -1 🙁
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Ignoring the judge's ignorance: in cases like Twitter, where the embedded content is immutable, does this specific case make more sense?Permalink On twitter.com
Mood 0
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Work done by orgs like Storyful to license social content has long implied this situation, no?Permalink On twitter.com
Mood +1 🙂
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Though this legal situation doesn't give the needed detail: if it is refined to only apply to immutable content, couldn't this be a good thing for publishers? This is arguably the needed legal foundation needed if publishers want platforms to pay to display content.Permalink On twitter.com
Mood +6 🙂
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Also, if we tied it to immutable content, it would require significant changes in how we edit and correct things on the web. Is that a good thing? It would definitely be the sort of concept crypto could be applied to.Permalink On twitter.com
Mood +4 🙂
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What liability is accrued to third parties? Does WordPress have liability for creating tools used in violating this ruling? All ads are functionally embeds, if an ad steals content and shows programmatically on a news site: is the news site liable?Permalink On twitter.com
Mood -4 🙁
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If a news site is liable for an embedding IP infringer in an ad, could this force needed transparency into the marketplace?Permalink On twitter.com
Mood 0
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I hesitate to say it, but is managing rights and paying for independently published content the sort of thing that blockchain would actually be uniquely good at?Permalink On twitter.com
Mood +1 🙂
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The immediate consequences of this look bad. But is there potential for good long term consequences?On twitter.com
Mood 0
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Some people on his site have argued that creating tweets is their labor and media companies that craft 'content' out of them should pay for the use of those tweets. Isn't this how that happens?Permalink On twitter.com
Mood -1 🙁
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All in saying is that this maybe isn't as black and white as it first appears. But I'm no legal expert, I could be misunderstanding here.Permalink On twitter.com
Mood -2 🙁
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Also: are old embeds grandfathered in? If not, social platforms and publishers just took on a ton of liability.Permalink On twitter.com
Mood 0
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Also, isn't it probably a good idea to push towards more concretely declared licensing rights on web content?Permalink On twitter.com
Mood +3 🙂