Explainer: The Supreme Court, Fair Use and the Future of Protected Artistic Expression; Jurist, December 1, 2022

  Jaimee Francis | Boston University School of Law, Jurist; Explainer: The Supreme Court, Fair Use and the Future of Protected Artistic Expression

"What’s at stake here?

The decision of the current Supreme Court case can shape the future of what does and does not constitute fair use. Goldsmith claimed that Warhol’s images based upon her copyrighted photographs constituted a derivative work. Thus, Goldsmith argued that the Warhol Foundation infringed her exclusive right to prepare derivative works and is therefore liable to her. The Warhol Foundation, however, argued that Warhol’s images were sufficiently transformative and thus constituted fair use. As such, the Warhol Foundation argued that it did not infringe Goldsmith’s copyright and is therefore not liable for its use of Goldsmith’s work in the Prince illustrations.

By finding in favor of Goldsmith, who owns copyright in the Prince photographs, the applicability of fair use may be limited. In this scenario, future content creators may face increased liability when creating new content based on copyrighted work. Because creativity is often inspired by some underlying work, such a decision may stifle creativity. As the Acuff-Rose case highlights, for example, works like parodies of a copyrighted work would constitute infringement without fair use. On the other hand, by finding in favor of the Warhol Foundation, which used Goldsmith’s copyrighted work in its work, future copyright owners may be denied a remedy when a user has unfairly used their creative work. Because the copyright regime has historically protected a creator’s financial incentive, such a decision may stifle creativity. In either scenario, creativity may be stifled: over-protecting a work may prevent others from using that work in their creative process, while under-protecting a work may prevent creators from entering the market without an assurance of monetary gain. As the Gerald Ford case highlights, for example, some uses may unfairly exploit the initial creator’s work. As the Supreme Court noted in that case, quoting in part an earlier decision, “The challenge of copyright is to strike the ‘difficult balance between the interests of authors and inventors in the control and exploitation of their writings and discoveries on the one hand, and society’s competing interest in the free flow of ideas, information, and commerce on the other hand.'”"

"Fight the Empire!" - Maarva Andor's Speech [Andor Episode 12]; November 23, 2022

 [Spoiler Alert]

"Fight the Empire!" - Maarva Andor's Speech [Andor Episode 12]

"We were sleeping.

I've been sleeping...

The Empire is a disease that thrives in darkness.

It is never more alive than when we sleep."

'Andor' soared — it was about the force, not The Force, of the Star Wars universe; NPR, November 23, 2022

Glen Weldon, NPR; 'Andor' soared — it was about the force, not The Force, of the Star Wars universe

"Force with a lowercase "f"

Karn and his colleagues are dedicated to the cause of fascist oppression (which they're careful to refer to only as "order") with a zeal that isn't remotely macro. It isn't mythic, religious or even passionate. Instead, they're driven by institutional imperatives that scour their souls free of empathy, compassion and understanding, and reward them for ruthlessness, cruelty and — above all — efficiency. 

Who's the showrunner here, Hannah Arendt? Because as we watched season one of Andor play out in a series of mini-arcs across its 12 episodes, we saw the inner workings of the Empire. It's The Banality of Evil: The Series."

May ‘Bad Spaniels’ Mock Jack Daniel’s? The Supreme Court Will Decide.; The New York Times, December 5, 2022

 Adam Liptak, The New York Times; May ‘Bad Spaniels’ Mock Jack Daniel’s? The Supreme Court Will Decide.

"The justices agreed last month to decide the fate of the Bad Spaniels Silly Squeaker dog toy, which looks a lot like a bottle of Jack Daniel’s but with, as an appeals court judge put it, “lighthearted, dog-related alterations.”

The jokes are scatological. The words “Old No. 7 Brand Tennessee Sour Mash Whiskey” on the bottle are replaced on the toy by “the Old No. 2, on your Tennessee carpet.” Where Jack Daniel’s says its product is 40 percent alcohol by volume, Bad Spaniels’s is said to be “43 percent poo.”

A tag attached to the toy says it is “not affiliated with Jack Daniel Distillery.”

Trademark cases generally turn on whether the public is likely to be confused about a product’s source. In the Bad Spaniels case, a unanimous three-judge panel of the Court of Appeals for the Ninth Circuit, in San Francisco, said the First Amendment requires a more demanding test when the challenged product is expressing an idea or point of view."

Journalist Maria Ressa explains 'How to Stand Up to a Dictator'; NPR/Fresh Air, November 30, 2022

NPR/Fresh Air ; Journalist Maria Ressa explains 'How to Stand Up to a Dictator'

"DAVE DAVIES, HOST: 

This is FRESH AIR. I am Dave Davies, in for Terry Gross. Our guest today, Maria Ressa, is an international journalist who's widely celebrated around the world. She was Time magazine's Person of the Year in 2018 and last year won the Nobel Peace Prize along with Russian journalist Dmitry Muratov. But in her home country, the Philippines, Ressa faces multiple criminal charges and regulatory actions, which could shut down Rappler, the online news organization she heads, and land her in jail for decades. Rappler drew the anger of President Rodrigo Duterte, known for his violent campaign against alleged drug users, because the news site did stories about corruption and cronyism and exposed a web of online disinformation networks with ties to Duterte.

Before co-founding Rappler in 2011, Ressa spent many years covering Southeast Asia for CNN, breaking important stories about Islamic terrorist networks. Ressa's story isn't just that of a crusading journalist exposing corruption, though it is that; she's also focused on the role of social media networks, who, she says, are weakening democracy by enabling the rise of online disinformation and hate mobs in the service of authoritarian rulers around the world. Her new memoir is "How To Stand Up To A Dictator: The Fight For Our Future."...

DAVIES: To kind of summarize here, it sounds like what you're proposing is that news organizations need to overcome some of their competitive instincts and work together when there is important fact-checking to be done, connect them to other organizations in a way that puts energy and emotion into it and get that out there.

RESSA: Think about it like this. Like, if you don't have integrity of facts, you cannot have integrity of elections. And ultimately, what that means is that these elections will be swayed by information warfare. I mean, you know, it's funny. Americans actually look at the midterms. And they say, well, it wasn't as bad as it could be. Death by a thousand cuts - it's still bad. And if we follow, you know, what - the trend that we're seeing, if nothing significant changes in our information ecosystem, in the way we deliver the news, we will elect more illiberal leaders democratically in 2023, in 2024.

And what they do is they crumble institutions of democracy in their own countries, like you've seen in mine. But they do more than that. They ally together globally. And what they do is, at a certain point, the geopolitical power shift globally will change. Democracy will die. That point is 2024. We must figure out what civic engagement, what we do as citizens today, to reclaim, to make sure democracy survives."

‘Our mission is crucial’: meet the warrior librarians of Ukraine; The Guardian, December 4, 2022

Stephen Marche, The Guardian; ‘Our mission is crucial’: meet the warrior librarians of Ukraine

"The work of the state archivists during the course of the Ukrainian war is simple – to keep what they have out of Russian hands and in existence. “Our mission is crucial because the destruction of archives can be seen as part of cultural genocide,” Khromov says. Russians have destroyed more than 300 state and university libraries since the start of the war. In May, the National Library conducted an online survey on the state of its system. By then, 19 libraries were already completely destroyed, 115 partially destroyed and 124 permanently damaged. The Russians have destroyed libraries in Mariupol, Volnovakha, Chernihiv, Sievierodonetsk, Bucha, Hostomel, Irpin and Borodianka, along with the cities they served. They have destroyed several thousand school libraries at least."

Opinion I’ll say it: I do not think killer robots are a good idea; The Washington Post, December 3, 2022

Alexandra Petri, The Washington Post ; Opinion 

I’ll say it: I do not think killer robots are a good idea

"I am just going to go ahead and say it: I do not think that killer robots are a good idea.

I know that the San Francisco Police Department wants to have killer robots. But I think, sometimes, you do not need to give people what they want. Especially if what they want is killer robots.

I understand that this remark is controversial. But what are columnists for, if not to take these bold stances? So I will say it again: I, for one, think that killer robots are bad. I do not think the robots should kill. I think if you are going to draw a line someplace, killer robots should be on the other side of the line...

Nobody in anything that I have read or seen in real life or fiction sees a killer robot and says, “Ah, good! The killer robot is here, to kill!” And I think there is a reason for that. I would venture that reason is: Killer robots are bad."

Can police use robots to kill? San Francisco voted yes.; The Washington Post, November 30, 2022

 Daniel Wu, The Washington Post; Can police use robots to kill? San Francisco voted yes.

"Adam Bercovici, a law enforcement expert and former Los Angeles Police Department lieutenant, told The Post that while policies for robotic lethal force must be carefully written, they could be useful in rare situations. He referenced an active-shooter scenario like the one Dallas officers encountered.

“If I was in charge, and I had that capability, it wouldn’t be the first on my menu,” he said. “But it would be an option if things were really bad.”

Albert Fox Cahn, executive director of the Surveillance Technology Oversight Project, worried that San Francisco could instead end up setting a dangerous precedent.

“In my knowledge, this would be the first city to take this step of passing a law authorizing killer robots,” Cahn told The Post.

Cahn expressed concern that the legislation would lead other departments to push for similar provisions, or even to the development of more weaponized robots. In the aftermath of the school shooting in Uvalde, Tex., the police equipment company Axon announced plans to develop drones equipped with Tasers to incapacitate school shooters but canned the idea after nine members of the company’s artificial-intelligence ethics advisory board resigned in protest."

Calls mount for binding SCOTUS ethics code after anti-abortion crusader alleges Hobby Lobby leak; ABA Journal, November 21, 2022

DEBRA CASSENS WEISS, ABA Journal; Calls mount for binding SCOTUS ethics code after anti-abortion crusader alleges Hobby Lobby leak

"The New York Times and other publications covered the reaction to Schenck’s allegations. Reactions included:

• Fix the Court, a court transparency group, called for passage of the Supreme Court Ethics, Recusal and Transparency Act, which would require justices to write and adopt an ethics code; strengthen recusal rules; and adopt disclosure rules for gifts, income and reimbursements. Similarly, Democratic U.S. Sen. Amy Klobuchar of Minnesota said in a tweet the justices should “operate under the same ethics rules as every other federal judge.” (Fix the Court, the New York Times)

•Brian Fallon, executive director of Demand Justice, a legal advocacy organization, said the Senate Judiciary Committee should investigate the new leak report. (The Washington Post)

• Louis J. Virelli III, a professor at the Stetson University College of Law, said revelations are creating public concern, and “the cost for the justices will be more transparency.” Requiring the justices to disclose with whom they meet, particularly those with interests in a decision, would be constitutional, he said. (The New York Times)

• Alicia Bannon, director of the judiciary program at the Brennan Center for Justice at the New York University School of Law, criticized “a whole bunch of bad incentives & broken processes that encourage today’s politicized dynamics” in a tweet. “18-year terms for justices + decoupling appointments & vacancies would be a good place to start,” she tweeted. “Finally, this is also an opportunity for leadership from the justices. SCOTUS could adopt a binding code of conduct tomorrow. They could commit to greater transparency, including re: recusal. They could stop appearing w/ politicians and litigants. Legitimacy must be earned.” (The National Law Journal)

• In a blog post, Paul Horwitz, a professor at the University of Alabama School of Law, said the revelations raise questions that include: What is the right balance between isolation and non-isolation for judges and justices? And how many actions described by the New York Times are not only legal but generally treated as the way the system works? (PrawfsBlawg via Original Jurisdiction)"

NYT report leads to calls for ethics code for Supreme Court justices; WBUR, November 22, 2022

WBUR ; NYT report leads to calls for ethics code for Supreme Court justices

"The New York Times reported over the weekend that a whistleblower says in 2014, an activist at a dinner with Justice Samuel Alito and his wife was told about a Supreme Court decision before it was released. That report is prompting calls for Justices to follow an ethics code, like lower court judges.

Here & Now's Robin Young speaks with Amanda Frost, law professor at the University of Virginia.

This segment aired on November 22, 2022."

Opinion The Supreme Court has lost its ethical compass. Can it find one fast?; The Washington Post, November 22, 2022

 Ruth Marcus , The Washington Post; Opinion The Supreme Court has lost its ethical compass. Can it find one fast?

"The Supreme Court must get its ethics act together, and Chief Justice John G. Roberts Jr. needs to take the lead...

Three years ago, Justice Elena Kagan testified before the House that the justices were “studying the question of whether to have a code of judicial conduct that’s applicable only to the United States Supreme Court,” calling it, “something that’s being thought very seriously about.” That’s the last we’ve heard from the court on this topic.

Roberts has had a rough 2022. Tackling his court’s ethics problem would be a smart way to finish a bad year on a good note."

The everyday ethics of AI;

Tom Dennis, UND Today

 ; The everyday ethics of AI

"The AI Act is a proposed European law on artificial intelligence. Though it has not yet taken effect, it’s the first such law on AI to be proposed by a major regulator anywhere, and it’s being studied in detail around the world because so many tech companies do extensive business in the EU.

The law assigns applications of AI to four risk categories, Powell said. First, there’s “minimal risk” – benign applications that don’t hurt people. Think AI-enabled video games or spam filters, for example, and understand that the EU proposal allows unlimited use of those applications.

Then there are “limited risk” systems such as chatbots, in which – the AI Act declares — the user must be made aware that they’re interacting with a machine. That would satisfy the EU’s goal that users decide for themselves whether to continue the interaction or step back.

“High risk” systems can cause real harm – and not only physical harm, as can happen in self-driving cars. These systems also can hurt employment prospects (by sorting resumes, for example, or by tracking productivity on a warehouse floor). They can deny credit or loans or the ability to cross an international border. And they can influence criminal-justice outcomes through AI-enhanced investigation and sentencing programs.

According to the EU, “any producer of this type of technology will have to give not just justifications for the technology and its potential harms, but also business justifications as to why the world needs this type of technology,” Powell said.

“This is the first time in history, as far as I know, that companies are held accountable to their products to this extent of having to explain the business logic of their code.”

Then there is the fourth level: “unacceptable risk.” And under the AI Act, all systems that pose a clear threat to the safety, livelihoods and rights of people will be banned, plain and simple.""

Allegation of Supreme Court Breach Prompts Renewed Calls for Ethics Code; The New York Times, November 20, 2022

Jodi Kantor , The New York Times ; Allegation of Supreme Court Breach Prompts Renewed Calls for Ethics Code

"Lawmakers are demanding further investigation at the Supreme Court and renewing their calls for binding ethics rules for the justices, after allegations that a landmark 2014 contraception decision was prematurely disclosed through a secretive influence campaign by anti-abortion activists."

‘Wild West’ of Generative AI Poses Novel Copyright Questions; Bloomberg Law, November 18, 2022

 Riddhi Setty and Isaiah Poritz , Bloomberg Law; ‘Wild West’ of Generative AI Poses Novel Copyright Questions 

"Artist Kris Kashtanova became the first person to register a copyright for an artificial intelligence-assisted work in September, for an 18-page comic book called “Zarya of the Dawn” that was created with the AI art program Midjourney.

In recent weeks, however, Kashtanova said the Copyright Office wants to revoke the registration because it had overlooked the use of AI in the creation of the comic.

The rapid rise of artificial intelligence applications has left the burgeoning industry reckoning with how the powerful new technology interacts with copyright laws that govern everything from source code to art prints. The legal landscape is far from clear, with both the creators of AI tools and the artists who use them confronting copyright questions that haven’t yet been answered.

“It’s like the wild west right now,” said Ryan Abbott, an attorney at Brown Neri Smith & Khan LLP.

In what appears to be the first copyright infringement suit against the creator of an AI program, research company OpenAI Inc.—which has created a number of AI programs including generative art program DALL-E—was hit with a class action earlier this month by two software developers who said another OpenAI program called Copilot unlawfully duplicates their code without the proper license or attribution."

Column: Can scientists moonlight as activists — or does that violate an important ethical code?; Los Angeles Times, November 17, 2022

OPINION COLUMNIST, Nicholas Goldberg, Los Angeles Times; Column: Can scientists moonlight as activists — or does that violate an important ethical code?

Kalmus, Chornak and their colleagues believe it is their moral responsibility as scientists to help awaken society to the dangers of climate change, which include not just more of the raging storms, droughts, wildfires and heat waves we’re already experiencing, but very possibly famine, mass migration, collapsing economies and war.

I think they’re right. 

But as more and more scientists have become engaged in climate activism over the years, they have faced pushback from traditionalists who insist that scientists should be disinterested, impartial “seekers of truth” who keep their opinions to themselves, thank you very much."

SAM BANKMAN-FRIED ADMITS THE "ETHICS STUFF" WAS "MOSTLY A FRONT"; Futurism, November 17, 2022

NOOR AL-SIBAI , Futurism; SAM BANKMAN-FRIED ADMITS THE "ETHICS STUFF" WAS "MOSTLY A FRONT"

"The disgraced former head of the crypto exchange FTX, Sam Bankman-Fried, built his formidable public persona on the idea that he was a new type of ethical crypto exec. In particular, he was a vocal proponent of "effective altruism" — the vague-but-noble concept of using data to make philanthropic giving as targeted and helpful as possible.

But in a direct message, Vox's Kelsey Piper asked Bankman-Fried if the "ethics stuff" had been "mostly a front."

Bankman-Fried's reply: "Yeah."

"I mean that's not *all* of it," he wrote. "But it's a lot."

Twitter takeover: fears raised over disinformation and hate speech; The Guardian, October 28, 2022

Dan Milmo and Alex Hern, The Guardian ; Twitter takeover: fears raised over disinformation and hate speech

"Elon Musk’s Twitter acquisition has been polarizing, sparking reactions from politicians, regulators and non-profits across different continents.

Some have expressed concerns about potential changes to Twitter’s content moderation policies now that it’s in the hands of the Tesla billionaire, while others celebrated how they expect the platform’s newly minted leader will handle content and speech on Twitter.

Senior politicians in the UK and Europe on Friday warned Musk over content moderation on Twitter, with the EU stressing the platform will “fly by our rules” and a UK minister expressing concerns over hate speech under the billionaire’s ownership.

The EU’s internal market commissioner, Thierry Breton, wrote on the platform on Friday that “in Europe, the bird will fly by our rules”, in response to Musk’s earlier tweet saying “the bird is freed” in apparent confirmation that he had bought the business.

The EU is introducing the Digital Services Act, which includes provisions for removal of illegal content including hate speech."

Opinion D.C. might ban ‘algorithmic discrimination.’ That’s good for everyone.; The Washington Post, October 7, 2022

 

Cynthia Khoo

 and 

Daniel Jellins

, The Washington Post;  

D.C. might ban ‘algorithmic discrimination.’ That’s good for everyone.

"If civil rights protections are to keep pace with this kind of technological threat to equality, they require an updated legal framework. We urge the D.C. Council to pass the Stop Discrimination by Algorithms Act and hope that other states and federal legislators soon follow."

Ralph Lauren apologizes after wife of Mexico's president accuses US fashion giant of 'plagiarism' by appropriating Indigenous designs from country's pre-Hispanic cultures for $360 cardigan; Daily Mail, October 21, 2022

Daily Mail; Ralph Lauren apologizes after wife of Mexico's president accuses US fashion giant of 'plagiarism' by appropriating Indigenous designs from country's pre-Hispanic cultures for $360 cardigan

"Ralph Lauren has apologized after the wife of Mexico's president accused the luxury US clothes brand of plagiarizing indigenous designs, which she described as an appropriation of the work of the country's pre-Hispanic cultures."

March Co-Author Reacts to PA Banning Rep. John Lewis' Autobiographical Graphic Novels; CBR, September 27, 2022

JIM JOHNSON, CBR; March Co-Author Reacts to PA Banning Rep. John Lewis' Autobiographical Graphic Novels

"March, the trilogy of graphic novels chronicling the late Congressman John Lewis' Civil Rights activism, has been banned in one Pennsylvania institution -- and the series' co-author has called out books' ban -- and its timing.

"Kicking off #bannedbooksweek with the news that Allegheny County Jails in Pennsylvania banned March and Run from their facilities over the weekend is a heck of a way to start," tweeted Andrew Aydin, who co-wrote the March trilogy -- and its single-volume sequel Run -- with Rep. Lewis. Nate Powell illustrated the first trilogy, with Powell and L. Fury both handling the art on Run."

Universities Are Making Ethics a Key Focus of Artificial Intelligence Research; Insight Into Diversity, August 16, 2022

Lisa O'Malley , Insight Into Diversity; Universities Are Making Ethics a Key Focus of Artificial Intelligence Research

"As artificial intelligence (AI) becomes more commonplace in our lives, many activists and academics have raised concerns about the ethics of this technology, including issues with maintaining privacy and preventing bias and discrimination...

“The subject of ethics and justice in technology development is incredibly urgent — it’s on fire,” Sydney Skybetter, a senior lecturer in theater arts and performance studies at Brown, explained in a recent university news release. Skybetter is one of three faculty members leading an innovative new course titled Choreorobotics 0101 in the computer science department. The class allows students with experience in computer science, engineering, dance, and theater to merge their interests by learning how to choreograph a 30-second dance routine for a pair of robots provided by the company Boston Dynamics. The goal of the course is to give these students — most of whom will go on to careers in the tech industry — the opportunity to engage in discussions about the purpose of robotics and AI technology and how they can be used to “minimize harm and make a positive impact on society,” according to the release."

Kingdom Come Highlighted The Importance of Superhero Ethics; Comic Book Resources, September 3, 2022

ASHLEY LAND, Comic Book Resources ; Kingdom Come Highlighted The Importance of Superhero Ethics

"Kingdom Come's depiction of the brash and unchecked younger heroes' recklessness and how without responsibility, power can become destructive is also a reminder of the famous Spider-Man code. The rapid devolution and anarchy that took place in the absence of Superman and Batman's well known "no killing" code showed readers why there are lines that superheroes should never cross. With many casual fans questioning why Batman doesn't simply kill Joker or why Superman doesn't kill Lex Luthor, this series serves as an excellent answer to those questions. Once superheroes turn themselves into judges, juries and executioners, they immediately risk becoming destructive tyrants."

Search for missing Native artifacts led to the discovery of bodies stored in ‘the most inhumane way possible’; NBC News, September 4, 2022

Graham Lee Brewer, NBC News; Search for missing Native artifacts led to the discovery of bodies stored in ‘the most inhumane way possible’

"Since the passage of the Native American Graves Protection and Repatriation Act (NAGPRA) in 1990, federal law has required institutions that receive federal funding to catalog their collections with the National Parks Service and work toward returning them to the tribal nations they were taken from. But the University of North Dakota has no entries in the federal inventory, even though its administrators acknowledge it has possessed Indigenous artifacts since its inception in 1883.

The discovery at UND is illustrative of a wider, systemic problem that has plagued Indigenous communities for centuries. Despite the decades-old law, more than 100,000 are still housed in institutions across the country. The action and apology by North Dakota administrators points to a national reckoning as tribal nations are increasing pressure on public universities, museums and even libraries to comply with the law and catalog and return the Native American ancestors and cultural items in their possession."

Democracy is under attack – and reporting that isn’t ‘violating journalistic standards’; The Guardian, September 4, 2022

Robert Reich, The Guardian; Democracy is under attack – and reporting that isn’t ‘violating journalistic standards’

"It is dangerous to believe that “balanced journalism” gives equal weight to liars and to truth-tellers, to those intent on destroying democracy and those seeking to protect it, to the enablers of an ongoing attempted coup and those who are trying to prevent it...

“Balanced journalism” does not exist halfway between facts and lies."

Local libraries have become a major political and cultural battleground; NPR, August 31, 2022

John Burnett, NPR; Local libraries have become a major political and cultural battleground

"The culture war inside America's libraries is playing out in the monthly meetings of the Lafayette Library Board of Control. Conservative activists are demanding the removal of controversial books, librarians are being falsely accused of pushing porn, and free speech defenders are crying censorship."

Book bans are threatening American democracy. Here’s how to fight back.; The Washington Post, August 9, 2022

Margaret Sullivan , The Washington Post; Book bans are threatening American democracy. Here’s how to fight back.

"“People need to mobilize, because the efforts to ban books are very active and very organized,” Nossel said.

It’s also important to keep in mind — and raise your voice to say — that book bans run counter to a core tenet of what America is supposed to stand for.

So if you’re worried about threats to democracy involving voting rights, gerrymandering and the peaceful transfer of power after elections, you should save a little mental space for this, too.

Opposing censorship in the form of book banning is a part of the same crucial fight."

Library Sees Resignations Following Bullet-Riddled Books; Flathead Beacon, August 29, 2022

MICAH DREW, Flathead Beacon; Library Sees Resignations Following Bullet-Riddled Books

"Two ImagineIF library advisors have resigned from their posts due to perceived threats to their safety after several bullet-riddled books were dropped off at the library earlier this month. A third advisor who had previously planned to retire this year, also mentioned safety concerns upon leaving. 

On Aug. 3, library staff in Kalispell found five books left in the overnight drop box that appeared to have been shot with a firearm. All library branches closed for the day while law enforcement investigated. They determined it was an isolated incident and there was no threat to staff or the public. 

Two days later, two more books were found with bullets lodged in them. Library staff say that similar markings on the books indicated they were likely from the same person. 

While director Ashley Cummins said law enforcement still did not feel there was any threat to the community, members of the library staff opted to leave their positions. 

“They said they did not feel safe coming to work anymore,” Cummins said. “They signed up to be library workers, they didn’t sign up for that.”

Two additional staff members have expressed desires to resign as well, but Cummins said so far that has not happened. Instead, the director is working to reassure the staff with new safety precautions including the installation of security cameras around each library branch and new mandatory monthly safety trainings."

Copyright Fair Use: How Much Copying is Too Much Copying?; Lexology, August 15, 2022

Goodell DeVries Leech & Dann LLP - Jim Astrachan, Lexology; Copyright Fair Use: How Much Copying is Too Much Copying?

"...no plagiarist can excuse the wrong by showing how much of his work he did not pirate.” These words were written by Judge Learned Hand in 1936. His point was that a taking of someone else’s expression will not be excused merely because it is insubstantial in quantity when held up for comparison to the infringing work.

Years back a copyright defendant client related copyright lore as a defense to his actions. He swore up and down that copying was permissible as long as not more than 10 percent of the source work was taken. Many times that belief has been mistakenly repeated. Many of the older, bedrock, principles of copyright practice are worth repeating. Perhaps this repetition comes from being the teacher that I suspect is part of my DNA.

The “ancient” case of Harper & Row Publishers, Inc. v. Nation Enterprises, 471 U.S. 539 (1985) should absolutely disabuse anyone of this silly notion." 

Ethical issues of facial recognition technology; TechRepublic, August 31, 2022

  Patrick Gray in Artificial Intelligence, TechRepublic; Ethical issues of facial recognition technology

"Facial recognition technology has entered the mass market, with our faces now able to unlock our phones and computers. While the ability to empower machines with the very human ability to identify a person with a quick look at their face is exciting, it’s not without significant ethical concerns.

Suppose your company is considering facial recognition technology. In that case, it’s essential to be aware of these concerns and ready to address them, which may even include abandoning facial recognition altogether.

When assessing these ethical concerns, consider how your customers, employees and the general public would react if they fully knew how you’re using the technology. If that thought is disconcerting, you may be veering into an ethical “danger zone.”"

Scanning students' rooms during remote tests is unconstitutional, judge rules; NPR, August 26, 2022

 Emma Bowman, NPR; Scanning students' rooms during remote tests is unconstitutional, judge rules

"The remote-proctored exam that colleges began using widely during the pandemic saw a first big legal test of its own — one that concluded in a ruling applauded by digital privacy advocates.

A federal judge this week sided with a student at Cleveland State University in Ohio, who alleged that a room scan taken before his online test as a proctoring measure was unconstitutional.

Aaron Ogletree, a chemistry student, sat for a test during his spring semester last year. Before starting the exam, he was asked to show the virtual proctor his bedroom. He complied, and the recording data was stored by one of the school's third-party proctoring tools, Honorlock, according to the ruling documents.

Ogletree then sued his university, alleging that the room scan violated his Fourth Amendment rights protecting U.S. citizens against "unreasonable searches and seizures." In its defense, Cleveland State argued that room scans are not "searches," because they are limited in scope, conducted to ensure academic fairness and exam integrity, and not coerced.

U.S. district court Judge J. Philip Calabrese on Monday decided in Ogletree's favor: Room scans are unconstitutional."

Inside Trump’s war on the National Archives; The Washington Post, August 27, 2022

 

Jacqueline Alemany

, 

Isaac Arnsdorf

 and 

Josh Dawsey

, The Washington Post; Inside Trump’s war on the National Archives

“Without the preservation of the records of government, and without access to them, you can’t have an informed population, and without an informed population, you lack one of the basic tools to preserving democracy,” said former acting archivist Trudy Peterson, who expressed concern that Trump’s rhetoric is damaging the public perception of the Archives. “The system won’t work if the neutrality of the National Archives is not protected.”

This portrait of an agency under siege by a former president and his supporters is based on interviews with 14 current and former Archives employees, Trump advisers, historians and others familiar with the escalating dispute, many of whom spoke on the condition of anonymity to reveal internal discussions."

Call Number Podcast: Support for Ukraine; American Libraries, August 12, 2022

American Libraries; Call Number Podcast: Support for Ukraine

Episode 74 highlights efforts to preserve information, raise funds, and help refugees

"Russia’s invasion of Ukraine has dominated headlines this year. The ongoing war has affected people globally, including American librarians and their work. In Episode 74, the Call Number podcast team looks at the ways the profession is supporting Ukraine.

First, Call Number host Diana Panuncial speaks with Kristin Parker, lead curator and manager of the arts at Boston Public Library. Parker is part of a network of first responders working against the clock to preserve Ukraine’s cultural history and provide preservation advice to library workers on the ground.

Next, American Libraries Editor and Publisher Sanhita SinhaRoy speaks with Michael Dowling, director of ALA’s International and Chapter Relations Office, about the Association’s Ukraine Library Relief Fund and how donations are being used.

Finally, Panuncial talks to Millicent Mabi, director of community engagement and programming at Regina Public Library in Saskatchewan, about how her institution is helping Ukrainian refugees—from teaching them English to improving their literacy to connecting them with community resources." 

AI Creating 'Art' Is An Ethical And Copyright Nightmare; Kotaku, August 25, 2022

Luke Plunkett , Kotaku; AI Creating 'Art' Is An Ethical And Copyright Nightmare

If a machine makes art, is it even art? And what does this mean for actual artists?

"Basically, we now live in a world where machines have been fed millions upon millions of pieces of human endeavour, and are now using the cumulative data they’ve amassed to create their own works. This has been fun for casual users and interesting for tech enthusiasts, sure, but it has also created an ethical and copyright black hole, where everyone from artists to lawyers to engineers has very strong opinions on what this all means, for their jobs and for the nature of art itself."

In ‘remarkable’ moment, Little Leaguer hugs opponent after scary pitch; The Washington Post, August 9, 2022

Des Bieler, The Washington Post; In ‘remarkable’ moment, Little Leaguer hugs opponent after scary pitch

"“I’m a coach myself,” Austin Jarvis said, “and he hears me tell my players all the time that it’s not just about baseball.”

“Being a good person is more important than being a great player,” he added, “and seeing him exemplify that on the field today, and on television — which I didn’t even know it was on TV in that moment — seeing him do that just makes me really proud.”

“What Isaiah did,” Kouplen said, “is what our whole world should be doing right now: loving others, above and beyond our differences. It was truly inspiring.”"