On 2022-03-26 20:35, Xoke wrote:
We don't censor shows ever.
I wasn't going to reply to this but it bothered me so much that I can't
sleep. The world is just not as clear cut as that.
It's all very well saying "We don't censor shows ever" when you are not
going to be the one on the receiving end of a lawsuit.
*Personal implications for the Janitors*
The Janitors have already refused to publish a show before on copyright
grounds for fear of prosecution. The host preferred not to remove it and
we both brought it to the attention of the Mail List. In the end the
host decided that they would remove the offending material. "[Hpr]
Should we reject a show with copyrighted fair use clips in it ?"
http://hackerpublicradio.org/pipermail/hpr_hackerpublicradio.org/2019-May/014446.html
I just saw this on YouTube "Why This Sound is Illegal to Play"
https://www.youtube.com/watch?v=bN_okCM8Orc
What if a host uploads a show with the EAS tone in there ? I sure as
hell am not going to pony up the $5,000 to $1.9 million fine that the
FCC dishes out ?
https://en.wikipedia.org/wiki/Emergency_Alert_System#Tone_usage_outside_of_alerts
*Personal implications for the Host*
Sometimes a host may unknowingly include some material in a show that
would expose them to undesirable consequences. What if they accidentally
record a show where their partner can be heard giving out their credit
card or social security number in the background. What if their same sex
partner came in to kiss them goodnight, but they have not yet come out
publicly that they are gay. What if they take a call from their boss,
and go on a 20 minute rant to their partner about how big a plonker
their boss is, and ends with a "ho I need to remember to remove that". A
fine community we would be if we just blindly sat back and did not
protect our hosts.
To be clear none of these were the case here. But if we spot an issue,
we have a duty to allow the host to fix it. If the host want's it fixed
then it's not my or your place to decide for them either legally or
morally.
All I can say is that if there is anything that falls outside what we
all agreed, then I will try to get clarification from the community.
What *is* an issue is the possibility that we are doing this in bad
faith. That is why there needs to be some form of oversight.
*Summary*
It's the host's show so its their choice to want to publish or not.
It's my choice to not publish it if I am going to be the one left
holding the bag. In that case the mail list will be informed with as
much details as possible. The oversight can help here.
Putting fixed timelines is not responsible. To take the case of the
"copyrighted fair use clips" above, I would not have published the show,
so the community would need time to arrange someone else to take over
running of HPR, transferring ownership of domains, setting access lists etc.
So as StankDawg said "all of us behind HPR believe in free speech and
are against censorship". We all need to accept that "free speech" is not
always without cost. We are all free to decide what price we are willing
to pay, but we are not free to impose that decision on others.
Regards,
Ken Fallon (PA7KEN,G5KEN)
https://kenfallon.com
https://hackerpublicradio.org/hosts/ken_fallon
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