Re: Major Close Down

2014-08-08 Thread Jon Davies
On 5 August 2014 20:59, Frankie Higgs frankiehi...@gmail.com wrote:

 (If there's anyone on the list who can explain our exact legal status,
 I'd be grateful

Disclaimer - I am not a lawyer.  Do not rely on anything I say here -
if you're in doubt, consult a lawyer.

But I do a fair amount of contractual stuff as part of my day job.

get_iplayer only downloads media from BBC-controlled sites that is
already available to you from those same BBC-controlled sites.
get_iplayer does not break any encryption, or circumvent any
effective technological measures in order to do so.  effective
technological measures is defined in the EU copyright directive, and
is very very roughly encryption, scrambling or similar.  The BBC
doesn't apply this to their iPlayer content (at least, not the content
downloaded by get_iplayer).

In my view the particular tool you use to download things from
websites doesn't matter. What *does* matter is the permissions and
rights the BBC chooses to grant to you regarding that content.  As
someone else said, it's their content, not yours.  Being able to
download content does not automatically give you any right you might
care to think up.

The terms of use of the BBC's websites set out what you can and cannot
do with their content, and nothing that get_iplayer does violates
those terms.  If you violate the terms, then *you* have violated the
terms, not the get_iplayer software or its many and various authors.

If you're the slightest bit unsure what the BBC's terms are, then you
should read them (in particular see here:
http://www.bbc.co.uk/terms/personal.shtml and here:
http://www.bbc.co.uk/terms/additional_iplayer.shtml).  If you're the
slightest bit unsure what they mean, then you should consult a lawyer.
But the terms are pretty readable and straightforward.

If you're physically outside the UK, then most of the video and some
of the radio content is not available to you.  get_iplayer does not
circumvent the (fairly simplistic) mechanisms for preventing extra-UK
access put in place by the BBC.  If you /are/ outside the UK, and you
can't access content using a conventional web browser and the iPlayer
site, then you're probably not permitted to use that content.  Neither
will get_iplayer help you access it.  And this list is not the place
to discuss how you might circumvent such measures.

If you're within the UK, then get_iplayer simply provides a mechanism
to access content that you /already/ have access to, but does so in a
way that suits some people better than the mechanisms the BBC directly
supports.

And that's pretty much it.

Cheers
Jon

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Re: Major Close Down

2014-08-06 Thread Sharon Kimble
Frankie Higgs frankiehi...@gmail.com writes:

 On Tue, 2014-08-05 at 16:09 +0100, Jonathan H wrote:
 So, let me try and get this clear in my head...
 
 Have you really just compared the deaths of millions of young men who
 sacrificed their lives in two world wars, to the voluntary closure of
 a site hosting stolen material?

 Don't pretend to be surprised by someone's saying My ancestors didn't
 fight in WWn for this,
 It's a very common piece of rhetoric, and in this case isn't entirely
 inappropriate.

 If, as many do, Chris views the second world war as having been fought
 to defend us from fascist values, then he is correct in arguing that
 they were fought to prevent this sort of close down.

 One important democratic freedom is the freedom to share culture and
 information. The introduction of copyright to the UK was intended to
 allow for easier censorship, and to prevent free culture. I'd recommend
 reading http://ip.cream.org for the background.

 What does genuinely continue to surprise me is that people continue to
 compare copyright violation to theft.
 I'm not even sure if we have the legal right to use iPlayer content in a
 way the BBC don't explicitly allow, despite obviously having the moral
 right, so I don't view what we use get_iplayer for as any different from
 downloading these files from a P2P site.
 (If there's anyone on the list who can explain our exact legal status,
 I'd be grateful)

I'm the writer of 'beeb', a script to help get programmes using
get-iplayer, available at my website.

This is a quote from the beeb manual, page 17, which explains the
legal situation using information from the TV-licensings own web site. 

--8---cut here---start-8---
You do not need a UK TV licence to use ”get-iplayer” or ”beeb”. You only need a 
TV licence if
you are recording TV programmes as they are being shown on TV. This is from the 
TV licensing
website -

”The law states that you need to be covered by a TV Licence if you watch or 
record television
programmes, on any device, as they’re being shown on TV. This includes TVs, 
computers, mobile
phones, games consoles, digital boxes and Blu-ray/DVD/VHS recorders.

You don’t need a licence if you don’t use any of these devices to watch or 
record television pro-
grammes as they’re being shown on TV - for example, if you use your TV only to 
watch DVDs or
play video games, or you only watch catch up services like BBC iPlayer or 4oD.”

Source - http://www.tvlicensing.co.uk/check-if-you-need-one/topics/
how-to-tell-us-you-dont-watch-tv-top12
--8---cut here---end---8---

I hope this helps
Sharon.
-- 
A taste of linux = http://www.sharons.org.uk
my git repo = https://bitbucket.org/boudiccas/dots
TGmeds = http://www.tgmeds.org.uk
Debian testing, fluxbox 1.3.5, emacs 24.3.92.1


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RE: Major Close Down

2014-08-06 Thread David Lake
Be VERY careful here.

Every Media Selection page on the BBC's site includes the following line:

!--This code and data form part of the BBC iPlayer content protection system. 
Tampering with, removal of, misuse of, or unauthorised use of this code or data 
constitutes circumvention of the BBC's content protection measures and may 
result in legal action. BBC (C) 2014.--

Note the term misuse.  That is THEIR definition of misuse, not yours.   It is 
not YOUR content - it is THEIRS.

D

-Original Message-
From: get_iplayer [mailto:get_iplayer-boun...@lists.infradead.org] On Behalf Of 
Sharon Kimble
Sent: 06 August 2014 03:24
To: Frankie Higgs
Cc: get_iplayer@lists.infradead.org
Subject: Re: Major Close Down

Frankie Higgs frankiehi...@gmail.com writes:

 On Tue, 2014-08-05 at 16:09 +0100, Jonathan H wrote:
 So, let me try and get this clear in my head...
 
 Have you really just compared the deaths of millions of young men who 
 sacrificed their lives in two world wars, to the voluntary closure of 
 a site hosting stolen material?

 Don't pretend to be surprised by someone's saying My ancestors didn't 
 fight in WWn for this,
 It's a very common piece of rhetoric, and in this case isn't entirely 
 inappropriate.

 If, as many do, Chris views the second world war as having been fought 
 to defend us from fascist values, then he is correct in arguing that 
 they were fought to prevent this sort of close down.

 One important democratic freedom is the freedom to share culture and 
 information. The introduction of copyright to the UK was intended to 
 allow for easier censorship, and to prevent free culture. I'd 
 recommend reading http://ip.cream.org for the background.

 What does genuinely continue to surprise me is that people continue to 
 compare copyright violation to theft.
 I'm not even sure if we have the legal right to use iPlayer content in 
 a way the BBC don't explicitly allow, despite obviously having the 
 moral right, so I don't view what we use get_iplayer for as any 
 different from downloading these files from a P2P site.
 (If there's anyone on the list who can explain our exact legal status, 
 I'd be grateful)

I'm the writer of 'beeb', a script to help get programmes using get-iplayer, 
available at my website.

This is a quote from the beeb manual, page 17, which explains the legal 
situation using information from the TV-licensings own web site. 

--8---cut here---start-8---
You do not need a UK TV licence to use ”get-iplayer” or ”beeb”. You only need a 
TV licence if you are recording TV programmes as they are being shown on TV. 
This is from the TV licensing website -

”The law states that you need to be covered by a TV Licence if you watch or 
record television programmes, on any device, as they’re being shown on TV. This 
includes TVs, computers, mobile phones, games consoles, digital boxes and 
Blu-ray/DVD/VHS recorders.

You don’t need a licence if you don’t use any of these devices to watch or 
record television pro- grammes as they’re being shown on TV - for example, if 
you use your TV only to watch DVDs or play video games, or you only watch catch 
up services like BBC iPlayer or 4oD.”

Source - http://www.tvlicensing.co.uk/check-if-you-need-one/topics/
how-to-tell-us-you-dont-watch-tv-top12
--8---cut here---end---8---

I hope this helps
Sharon.
--
A taste of linux = http://www.sharons.org.uk my git repo = 
https://bitbucket.org/boudiccas/dots
TGmeds = http://www.tgmeds.org.uk
Debian testing, fluxbox 1.3.5, emacs 24.3.92.1

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Re: Major Close Down

2014-08-06 Thread Sharon Kimble
David Lake dl...@cisco.com writes:

 Be VERY careful here.

 Every Media Selection page on the BBC's site includes the following line:

 !--This code and data form part of the BBC iPlayer content protection
 system. Tampering with, removal of, misuse of, or unauthorised use of
 this code or data constitutes circumvention of the BBC's content
 protection measures and may result in legal action. BBC (C) 2014.--

 Note the term misuse.  That is THEIR definition of misuse, not yours.   It 
 is not YOUR content - it is THEIRS.

David.

Thanks for your comment above, although I am not aware that I have said
anywhere that it is my content!

I've looked at http://www.bbc.co.uk/terms/personal.shtml and also
http://www.bbc.co.uk/terms/help.shtml but I do not think that 'beeb' is
in breach of any of their terms. However, I'm a Nurse and not a lawyer,
so it is possible that I am wrong.

It should also be noted that the BBC personal use page is dated 15
October 2012, whereas the TV licensing page/site at
http://www.tvlicensing.co.uk/check-if-you-need-one?WT.ac=home_plt_check
is stating exactly what I have quoted and is dated 2014.

Sharon.


 -Original Message-
 From: get_iplayer [mailto:get_iplayer-boun...@lists.infradead.org] On Behalf 
 Of Sharon Kimble
 Sent: 06 August 2014 03:24
 To: Frankie Higgs
 Cc: get_iplayer@lists.infradead.org
 Subject: Re: Major Close Down

 Frankie Higgs frankiehi...@gmail.com writes:

 On Tue, 2014-08-05 at 16:09 +0100, Jonathan H wrote:
 So, let me try and get this clear in my head...
 
 Have you really just compared the deaths of millions of young men who 
 sacrificed their lives in two world wars, to the voluntary closure of 
 a site hosting stolen material?

 Don't pretend to be surprised by someone's saying My ancestors didn't 
 fight in WWn for this,
 It's a very common piece of rhetoric, and in this case isn't entirely 
 inappropriate.

 If, as many do, Chris views the second world war as having been fought 
 to defend us from fascist values, then he is correct in arguing that 
 they were fought to prevent this sort of close down.

 One important democratic freedom is the freedom to share culture and 
 information. The introduction of copyright to the UK was intended to 
 allow for easier censorship, and to prevent free culture. I'd 
 recommend reading http://ip.cream.org for the background.

 What does genuinely continue to surprise me is that people continue to 
 compare copyright violation to theft.
 I'm not even sure if we have the legal right to use iPlayer content in 
 a way the BBC don't explicitly allow, despite obviously having the 
 moral right, so I don't view what we use get_iplayer for as any 
 different from downloading these files from a P2P site.
 (If there's anyone on the list who can explain our exact legal status, 
 I'd be grateful)

 I'm the writer of 'beeb', a script to help get programmes using get-iplayer, 
 available at my website.

 This is a quote from the beeb manual, page 17, which explains the legal 
 situation using information from the TV-licensings own web site. 

 You do not need a UK TV licence to use ”get-iplayer” or ”beeb”. You only need 
 a TV licence if you are recording TV programmes as they are being shown on 
 TV. This is from the TV licensing website -

 ”The law states that you need to be covered by a TV Licence if you watch or 
 record television programmes, on any device, as they’re being shown on TV. 
 This includes TVs, computers, mobile phones, games consoles, digital boxes 
 and Blu-ray/DVD/VHS recorders.

 You don’t need a licence if you don’t use any of these devices to watch or 
 record television pro- grammes as they’re being shown on TV - for example, if 
 you use your TV only to watch DVDs or play video games, or you only watch 
 catch up services like BBC iPlayer or 4oD.”

 Source - http://www.tvlicensing.co.uk/check-if-you-need-one/topics/
 how-to-tell-us-you-dont-watch-tv-top12

 I hope this helps
 Sharon.
 --
 A taste of linux = http://www.sharons.org.uk my git repo = 
 https://bitbucket.org/boudiccas/dots
 TGmeds = http://www.tgmeds.org.uk
 Debian testing, fluxbox 1.3.5, emacs 24.3.92.1


-- 
A taste of linux = http://www.sharons.org.uk
my git repo = https://bitbucket.org/boudiccas/dots
TGmeds = http://www.tgmeds.org.uk
Debian testing, fluxbox 1.3.5, emacs 24.3.92.1


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RE: Major Close Down

2014-08-06 Thread David Lake (dlake)
Sorry - take the YOUR as plural, not you specifically.

In other words, the Beeb own the content and the terms of their copyright 
determine what they allow one to do or not do with it.  By consuming the 
content, you've agreed to the terms of the copyright.

And I'm an engineer, not a lawyer, so dinner out means the local Wimpy, not the 
Ritz.

:-)

-Original Message-
From: Sharon Kimble [mailto:boudic...@skimble.plus.com] 
Sent: 06 August 2014 13:00
To: David Lake (dlake)
Cc: 'Frankie Higgs'; get_iplayer@lists.infradead.org
Subject: Re: Major Close Down

David Lake dl...@cisco.com writes:

 Be VERY careful here.

 Every Media Selection page on the BBC's site includes the following line:

 !--This code and data form part of the BBC iPlayer content protection 
 system. Tampering with, removal of, misuse of, or unauthorised use of 
 this code or data constitutes circumvention of the BBC's content 
 protection measures and may result in legal action. BBC (C) 2014.--

 Note the term misuse.  That is THEIR definition of misuse, not yours.   It 
 is not YOUR content - it is THEIRS.

David.

Thanks for your comment above, although I am not aware that I have said 
anywhere that it is my content!

I've looked at http://www.bbc.co.uk/terms/personal.shtml and also 
http://www.bbc.co.uk/terms/help.shtml but I do not think that 'beeb' is in 
breach of any of their terms. However, I'm a Nurse and not a lawyer, so it is 
possible that I am wrong.

It should also be noted that the BBC personal use page is dated 15 October 
2012, whereas the TV licensing page/site at 
http://www.tvlicensing.co.uk/check-if-you-need-one?WT.ac=home_plt_check
is stating exactly what I have quoted and is dated 2014.

Sharon.


 -Original Message-
 From: get_iplayer [mailto:get_iplayer-boun...@lists.infradead.org] On 
 Behalf Of Sharon Kimble
 Sent: 06 August 2014 03:24
 To: Frankie Higgs
 Cc: get_iplayer@lists.infradead.org
 Subject: Re: Major Close Down

 Frankie Higgs frankiehi...@gmail.com writes:

 On Tue, 2014-08-05 at 16:09 +0100, Jonathan H wrote:
 So, let me try and get this clear in my head...
 
 Have you really just compared the deaths of millions of young men 
 who sacrificed their lives in two world wars, to the voluntary 
 closure of a site hosting stolen material?

 Don't pretend to be surprised by someone's saying My ancestors 
 didn't fight in WWn for this,
 It's a very common piece of rhetoric, and in this case isn't entirely 
 inappropriate.

 If, as many do, Chris views the second world war as having been 
 fought to defend us from fascist values, then he is correct in 
 arguing that they were fought to prevent this sort of close down.

 One important democratic freedom is the freedom to share culture and 
 information. The introduction of copyright to the UK was intended to 
 allow for easier censorship, and to prevent free culture. I'd 
 recommend reading http://ip.cream.org for the background.

 What does genuinely continue to surprise me is that people continue 
 to compare copyright violation to theft.
 I'm not even sure if we have the legal right to use iPlayer content 
 in a way the BBC don't explicitly allow, despite obviously having the 
 moral right, so I don't view what we use get_iplayer for as any 
 different from downloading these files from a P2P site.
 (If there's anyone on the list who can explain our exact legal 
 status, I'd be grateful)

 I'm the writer of 'beeb', a script to help get programmes using get-iplayer, 
 available at my website.

 This is a quote from the beeb manual, page 17, which explains the legal 
 situation using information from the TV-licensings own web site. 

 You do not need a UK TV licence to use ”get-iplayer” or ”beeb”. You 
 only need a TV licence if you are recording TV programmes as they are 
 being shown on TV. This is from the TV licensing website -

 ”The law states that you need to be covered by a TV Licence if you watch or 
 record television programmes, on any device, as they’re being shown on TV. 
 This includes TVs, computers, mobile phones, games consoles, digital boxes 
 and Blu-ray/DVD/VHS recorders.

 You don’t need a licence if you don’t use any of these devices to watch or 
 record television pro- grammes as they’re being shown on TV - for example, if 
 you use your TV only to watch DVDs or play video games, or you only watch 
 catch up services like BBC iPlayer or 4oD.”

 Source - http://www.tvlicensing.co.uk/check-if-you-need-one/topics/
 how-to-tell-us-you-dont-watch-tv-top12

 I hope this helps
 Sharon.
 --
 A taste of linux = http://www.sharons.org.uk my git repo = 
 https://bitbucket.org/boudiccas/dots
 TGmeds = http://www.tgmeds.org.uk
 Debian testing, fluxbox 1.3.5, emacs 24.3.92.1


--
A taste of linux = http://www.sharons.org.uk my git repo = 
https://bitbucket.org/boudiccas/dots
TGmeds = http://www.tgmeds.org.uk
Debian testing, fluxbox 1.3.5, emacs 24.3.92.1
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Major Close Down

2014-08-05 Thread Chris J Brady
Earlier this year it was TheBox.bz. A few months ago Radio Archive closed down. 
Now ZXCV.com (TB repacement) has gone for good.

Our forbears fought in WW1 and WW2 for our freedoms to be who we want to be, to 
form sharing communities, and to live how we want to live.

This year our freedoms gave been even more compromised by the enforced closing 
down of these sites.

Beware / be aware - who is next?

CJB.

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Re: Major Close Down

2014-08-05 Thread Jonathan H
So, let me try and get this clear in my head...

Have you really just compared the deaths of millions of young men who
sacrificed their lives in two world wars, to the voluntary closure of
a site hosting stolen material?

And on a mailing list to do with the legal internet broadcasting of
license-funded content?

Sometimes I wonder if we need another war just as a bit of a reality check...

*double face palms and walks slowly away shaking head*

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Re: Major Close Down

2014-08-05 Thread Christopher Woods

Come to Libertaria and visit the money tree gardens! Green all year round...

The sentiment of your email stuck in my craw. There has been no loss of 
freedoms. You may now be less able to infringe copyright law; you have 
never been free to do it.



The undeniable fact: for the overwhelming majority of content available 
from users on those sites, they were not legally permitted to distribute it 
to others.


For example, by making British-broadcast programmes available to people in 
other territories outside of an official syndication agreement, these 
people lose out:


- Original and syndicating broadcasters
- Cast, crew and production staff
- Fans, who can see their show cancelled from low official viewing figures 
or lack of advertising  syndication revenue


What's lost?
- Syndication royalties and trickle-down advertising revenue
- Employment for talented voice actors who dub into other languages, and 
skilled foreign language subtitle writers

- ...future work for everyone involved

It reduces opportunities for reinvestment by broadcasters because they 
might not perceive a profitable return on their investment or commission. 
Why would people watch if they've already downloaded it, circumventing the 
system -- so why bother risking capital to fund production, or pay $$$ to 
syndicate a widely pirated show? Let them go run an indiegogo and 
self-fund their own series if their fans are so keen to watch it.


As so many of the programmes we enjoy are actually made by independent 
production houses, this has another tangible impact as they lay off 
employees or merge with other companies to avoid shutting down.


I've worked in the independent sector of the music biz and witnessed the 
crippling loss of revenue, jobs and inability to reinvest in new talent 
across the industry over the past decade. It's much the same across the 
other creative industries.


---

Don't conflate unlicensed distribution of copyrighted material with useful 
tools like get_iplayer, which is simply another method of accessing 
something all British citizens are already entitled to - per the terms of 
the licence the BBC grants to us.


Implying our countrymen fought and died for our rights to wilfully break 
copyright law is facile and tasteless.


Regards
Chris

(I'm not against P2P file-sharing as a mechanism, it's very efficient. 
Sadly it's short term gain for long term pain when it comes to quick-grab 
consumption of our favourite mass media.)



On 5 August 2014 18:40:05 Chris Marriott ch...@chrism.demon.co.uk wrote:




-Original Message-
From: Chris J Brady
Sent: Tuesday, August 05, 2014 3:25 PM
To: get_iplayer
Subject: Major Close Down

Earlier this year it was TheBox.bz. A few months ago Radio Archive closed
down. Now ZXCV.com (TB repacement) has gone for good.

Our forbears fought in WW1 and WW2 for our freedoms to be who we want to
be, to form sharing communities, and to live how we want to live.

I don't know what your forbears did, but mine certainly didn't do any
fighting for the right to steal other peoples' copyrighted material. These
are pirate sites, pure and simple. Good riddance to the lot of them.

Chris


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Re: Major Close Down

2014-08-05 Thread Peter S Kirk
On 5 Aug 2014 at 16:09, Jonathan H Jonathan H lardconce...@gmail.com 
wrote:

 So, let me try and get this clear in my head...
 
 Have you really just compared the deaths of millions of young men who
 sacrificed their lives in two world wars, to the voluntary closure of
 a site hosting stolen material?
 
 And on a mailing list to do with the legal internet broadcasting of
 license-funded content?
 
 Sometimes I wonder if we need another war just as a bit of a reality check...
 
 *double face palms and walks slowly away shaking head*

Now I understand why gmail classes all Chris J Brady's emails as spam



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Re: Major Close Down

2014-08-05 Thread Frankie Higgs
On Tue, 2014-08-05 at 16:09 +0100, Jonathan H wrote:
 So, let me try and get this clear in my head...
 
 Have you really just compared the deaths of millions of young men who
 sacrificed their lives in two world wars, to the voluntary closure of
 a site hosting stolen material?

Don't pretend to be surprised by someone's saying My ancestors didn't
fight in WWn for this,
It's a very common piece of rhetoric, and in this case isn't entirely
inappropriate.

If, as many do, Chris views the second world war as having been fought
to defend us from fascist values, then he is correct in arguing that
they were fought to prevent this sort of close down.

One important democratic freedom is the freedom to share culture and
information. The introduction of copyright to the UK was intended to
allow for easier censorship, and to prevent free culture. I'd recommend
reading http://ip.cream.org for the background.

What does genuinely continue to surprise me is that people continue to
compare copyright violation to theft.
I'm not even sure if we have the legal right to use iPlayer content in a
way the BBC don't explicitly allow, despite obviously having the moral
right, so I don't view what we use get_iplayer for as any different from
downloading these files from a P2P site.
(If there's anyone on the list who can explain our exact legal status,
I'd be grateful)


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Re: Major Close Down

2014-08-05 Thread Nick
On Tue, 05 Aug 2014 20:59:53 +0100
Frankie Higgs frankiehi...@gmail.com wrote:
 What does genuinely continue to surprise me is that people continue to
 compare copyright violation to theft.

Pretty much every facet of the media uses copyright in the traditional
way and as such they will tend to take pro-copyright stances, even when
trying to be impartial.

eg the BBC, the bastion of impartiality. Loads of their programmes are
made by external companies, significant fractions of the staff of
the BBC will have worked in the non-BBC parts of industry where
questioning the fundamental philosophies of how the business works just
isn't an encouraged debate to bring up. Ultimately the products
these entities make will do things like demonise pirates - simply using
the word pirate is demonisation because of the stigma attached to
pirate. Impartially the average pirate is a violator of copyright
law, a civil crime.

I will concede what comes close to theft (and then only metaphorically)
is the right the law gives to IP owners of control over distribution.
Mostly they pick exclusive distribution meaning that when someone does
something like upload on a torrent the uploader is breaking the law.
They are breaking civil law though, not criminal, which is where actual
theft (eg nicking a bike) lies.

IMHO though when the internet exists and machines to handle data are
everywhere and cheap that we cannot use technology to its fullest
because of the law is a bit laughable.

The media have very loud voices, we invite them into our homes and
pockets (which they obviously encourage) and no matter details of their
biases we stand to be influenced to varying degrees. I feel a big
influence is something abstract to do with notions of monopolising
ideas and information.

Plus there people who have a livelihood based on copyright, there's the
old phrase about someone will never get a subject if their salary
relies on them not understanding. How technology has moved on and made
past value-creation methods obsolete is something just not on the radar
for some people.

/end stoned ramble

Nick

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