- Dec 2024
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medium.com medium.com
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the food forests like this one behind me, this is a syntropic agriculture system, could become a model for a different kind of economy to grow food, medicine, textiles, construction materials, all the different things we need in this tropical environment can grow in a forest or an agroforestry system like the one behind me, which does not need international corporations, does not need advanced technology, and does not need plutocrats and billionaires.
for - potential synergies - agroforestry regeneration - Unitree - adjacency - school of regeneration - bioregionalism - DIRMBI - Alley cropping - Fair share commons - cosmolocal strategy - TPF - Unitree
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www.youtube.com www.youtube.com
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I had a wonderful conversation with an American a few years ago when he was interviewing me and he said Graham this is really intriguing because it sounds like you end up with very light need for regulation that this would appeal to the libertarian end and I said absolutely there's almost no need to tax these companies because the state may be a stakeholder with rights to dividends and capital gain so you don't need to tax the company you don't need regulation
for - FSC - fair share companies inherent design - obviate need for external regulations because - sufficiently strong self-regulation - Graham Boyd - adjacency - FSC - fairshare commons companies - self regulation - libertarians - the sacred as highest form of self-regulation
adjacency - between - Fairshare Commons (FSC) companies - Libertarians - FSC are self-regulating to hlghest ethics - The sacred as the highest principle of self regulation - adjacency relationship - It seems that another way of articulating the Fairshare Commons is to use the language of the sacred - A living principle of the sacred implies intrinsically valuing existence and reality itself and all its manifestations - Modernity is barren of the sacred as a living principle, transactionalism has alienated us from nature and from each other - To embed a living principle of the sacred in FSC DNA would ensure the highest form of self-regulation and obviate the need for regulations, after all - when we act out of love of something, we do it voluntarily and with the greatest investment of our time, energy and resources, - and that is far superior than acting where there is no love and an external force is required to motivate action
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- Nov 2024
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illuminem.com illuminem.com
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To effectively combat the roots of fascism, it is crucial to integrate both horizontal and vertical decentralized decision-making structures.
for - commons - new definition - pathological conservatism - new definition - benign conservatism - new definition - beneficial conservatism - adjacency - citizen assemblies - cosmolocal - community organization - horizontal and vertical decision-making as cosmolocal - Fair Share Commons - FSC - pathological conservatism - hypocrisy of modern conservatism that cannot acknowledge first nations - TPF as a vehicle for citizen assembly in each ward and district of a city - to - Youtube - Trump won, now what? - Roger Hallam - to - Substack article - - A global history of societal regulation - metacrisis, polycrisis - role of the commons and cosmolocal coordination - Michel Bauwens
adjacency - between - citizen assemblies - cosmolocal - community organization - citizen assemblies - horizontal and vertical - Fair Share Commons - FSC - town anywhere - TPF - one per city ward or district - progress traps - wicked problem - pathological conservatism - deep conservatism - ECOnomy is a subset of ECOlogy - Modernity has many forms of shallow, pathological conservatism - Indigenous and first nations peoples practice deep, beneficial conservatism - adjacency relationship - One of the biggest progress traps is pathological conservatism when - a technology has become popular and ubiquitous but an unintended consequence becomes exposed - In that case, incumbents who profit from the established supply chain will defend it at great cost, even if the harm it causes becomes increasingly obvious. - They will do this until it reaches a point that the harm is so great that it can no longer be defended. - Often, great harm is done before that point is reached, if it is reached. - Misinformation, gaslighting and fascism can emerge as a form of pathological conservatism in an attempt to preserve the harmful aspect of the status quo. - Fossil fuels, internal combustion engines and the climate change they cause are an example of this, creating a wicked problem in which those trying to solve the problem are also contributing to it - Citizen assemblies are a bottom up response and counterweight to centralized power that is driving pathological conservatism - In contrast to the pathological conservatism, environmental awareness is a practice of benign and beneficial conservatism - the conservation of our natural environment - In fact, many who call themselves conservatives and nationalists are hypocritical because - if they went further in their conservativism logic, they would have to acknowledge the first nations people who came before them - The natural resources that were part of indigenous peoples lives for millenia that colonialists have built their entire fortune on represents even greater degree of conservatism, yet the hypocrisy is that - modern conservatives often cannot acknowledge this reality of a deeper form of conservatism as it threatens their false entitlement - This brings into question their claim of practicing conservatism - pathological conservatives act as if the ECOlogy is subordinate to the ECOnomy when in fact, the ECOnomy cannot exist without a functioning ECOlogy - citizen assemblies can be implemented in each ward and district of a large city - On top of these, Fair Share Commons and community cooperatives can be built as formal structures to drive specific projects - In order for participatory democracy to work effectively requires education on Deep Humanity and conflict resolution, otherwise risks low resiliency due to internal conflicts and derailment of vision - In order to scale, it requires both horizontal and vertical components or organization. This implies a cosmolocal strategy: - horizontal decision-making with local group is local, whilst - vertical decision-making with non-local groups based on broader issues is cosmo - A global Tipping Point Festival that employs social tipping point theory to emerge a global network of citizen assemblies / commons assemblies / people's assemblies in each ward and district of a city to relocate healthy power back to the people
to - Youtube - Trump won, now what? - a love-based approach to replace power-based approach for dealing with fascism and polarization - Roger Hallam - https://hyp.is/wUDpaKsAEe-DM9fteMUtzw/www.youtube.com/watch?v=AiKWCHAcS7E - Substack article - A global history of societal regulation - metacrisis, polycrisis - role of the commons and cosmolocal coordination - Michel Bauwens - https://hyp.is/wlywbqkTEe-ROXfhSmA3bA/4thgenerationcivilization.substack.com/p/a-global-history-of-societal-regulation
Tags
- to - Youtube - Trump won, now what? - a love-based approach to replace power-based approach for dealing with fascism and polarization - Roger Hallam
- adjacency - citizen assemblies - cosmolocal - community organization - horizontal and vertical decision-making as cosmolocal - Fair Share Commons - FSC - pathological conservatism - hypocrisy of modern conservatism that cannot acknowledge first nations - TPF as a vehicle for citizen assembly in each ward and district of a city
- to - Substack article - A global history of societal regulation - metacrisis, polycrisis - role of the commons and cosmolocal coordination - Michel Bauwens
Annotators
URL
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www.youtube.com www.youtube.com
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four things
for - suggestions - how to end US hegemony for a global fair trade system - needed to re-establish global cooperation - Yanis Varoufakis - Yanis Varoufakis four on below to discuss four different suggestions of how China can support global cooperation to emerge
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www.nature.com www.nature.com
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A TRUSTworthy repository needs to focus on serving its target user community. Each user community likely has differing expectations from their community repositories, depending in part on the community’s maturity regarding data management and sharing. A TRUSTworthy repository is embedded in its target user community’s data practices, and so can respond to evolving community requirements
TRSP Desirable Characteristics
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TRUSTworthy repositories take responsibility for the stewardship of their data holdings and for serving their user community.
TRSP Desirable Characteristics
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www.gida-global.org www.gida-global.org
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TRSP Desirable Characteristics Data governance should take into account the potential future use and future harm based on ethical frameworks grounded in the values and principles of the relevant Indigenous community. Metadata should acknowledge the provenance and purpose and any limitations or obligations in secondary use inclusive of issues of consent.
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TRSP Desirable Characteristics Ethical processes address imbalances in power, resources, and how these affect the expression of Indigenous rights and human rights. Ethical processes must include representation from relevant Indigenous communities
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TRSP Desirable Characteristics Ethical data are data that do not stigmatise or portray Indigenous Peoples, cultures, or knowledges in terms of deficit. Ethical data are collected and used in ways that align with Indigenous ethical frameworks and with rights affirmed in UNDRIP. Assessing ethical benefits and harms should be done from the perspective of the Indigenous Peoples, nations, or communities to whom the data relate
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TRSP Desirable Characteristics Resources must be provided to generate data grounded in the languages, worldviews, and lived experiences (including values and principles) of Indigenous Peoples.
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TRSP Desirable Characteristics Use of Indigenous data invokes a reciprocal responsibility to enhance data literacy within Indigenous communities and to support the development of an Indigenous data workforce and digital infrastructure to enable the creation, collection, management, security, governance, and application of data
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TRSP Desirable Characteristics Indigenous Peoples have the right to develop cultural governance protocols for Indigenous data and be active leaders in the stewardship of, and access to, Indigenous data especially in the context of Indigenous Knowledge
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TRSP Desirable Characteristics Indigenous Peoples have the right to data that are relevant to their world views and empower self-determination and effective self-governance. Indigenous data must be made available and accessible to Indigenous nations and communities in order to support Indigenous governance.
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TRSP Desirable Characteristics Indigenous Peoples have rights and interests in both Indigenous Knowledge and Indigenous data. Indigenous Peoples have collective and individual rights to free, prior, and informed consent in the collection and use of such data, including the development of data policies and protocols for collection.
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TRSP Desirable Characteristics Indigenous data are grounded in community values, which extend to society at large. Any value created from Indigenous data should benefit Indigenous communities in an equitable manner and contribute to Indigenous aspirations for wellbeing.
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TRSP Desirable Characteristics Data enrich the planning, implementation, and evaluation processes that support the service and policy needs of Indigenous communities. Data also enable better engagement between citizens, institutions, and governments to improve decision-making. Ethical use of open data has the capacity to improve transparency and decision-making by providing Indigenous nations and communities with a better understanding of their peoples, territories, and resources. It similarly can provide greater insight into third-party policies and programs affecting Indigenous Peoples.
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TRSP Desirable Characteristics Governments and institutions must actively support the use and reuse of data by Indigenous nations and communities by facilitating the establishment of the foundations for Indigenous innovation, value generation, and the promotion of local self-determined development processes
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TRSP Desirable Characteristics Indigenous Peoples’ rights and wellbeing should be the primary concern.
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TRSP Desirable Characteristics Data ecosystems shall be designed and function in ways that enable Indigenous Peoples to derive benefit from the data.
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TRSP Desirable Characteristics Indigenous Peoples’ rights and interests in Indigenous data must be recognised and their authority to control such data be empowered. Indigenous data governance enables Indigenous Peoples and governing bodies to determine how Indigenous Peoples, as well as Indigenous lands, territories, resources, knowledges and geographical indicators, are represented and identified within data.
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TRSP Desirable Characteristics Those working with Indigenous data have a responsibility to share how those data are used to support Indigenous Peoples’ self determination and collective benefit. Accountability requires meaningful and openly available evidence of these efforts and the benefits accruing to Indigenous Peoples.
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- Oct 2024
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fathom.video fathom.video
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zebras unite
for - question - @Michael - Is this the Zebras Unite you are referring to? - https://zebrasunite.coop/ - If so, that brings up another question: - What is the difference between Fair Share Commons and a Cooperative?
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level 555
Can we all know and understand this graphic. It is quite deep in the powerpoint.
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www.theguardian.com www.theguardian.com
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Viele New Yorker Juristen, darunter namhafte Staatsanwälte, unterstützen eine Resolution zur strafrechtlichen Verfolgung der großen Ölgesellschaften. Vorgeworfen wird den Firmen, fossile Brennstoffe über Jahrzehnte verkauft zu haben, ohne über die ihnen bekannten Gefahren zu informieren oder diese zu berücksichtigen. Gefordert wird eine Klage wegen fahrlässiger Gefährdung von Menschenleben. Dazu muss nicht nachgewiesen werden, dass der Tod bestimmter Menschen durch die Konzerne verursacht wurde https://www.theguardian.com/us-news/2024/oct/17/new-york-big-oil-fueling-climate-disasters
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www.carnegie.org www.carnegie.org
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beyond our power to alter, and therefore to be accepted and made the best of. It is a waste of time to criticize the inevitable.
for - quote / critique - it is upon us, beyond our power to alter, and therefore to be accepted and made the best of. It is a waste of time to criticize the inevitable. - Andrew Carnegie - The Gospel of Wealth - alternatives - to - mainstream companies - cooperatives - Peer to Peer - Decentralized Autonomous Organization (DAO) - Fair Share Commons - B Corporations - Worker owned companies
quote / critique - it is upon us, beyond our power to alter, and therefore to be accepted and made the best of. It is a waste of time to criticize the inevitable. - Andrew Carnegie - The Gospel of Wealth - This is a defeatist attitude that does not look for a condition where both enormous inequality AND universal squalor can both eliminated - Today, there are a growing number of alternative ideas which can challenge this claim such as: - Cooperatives - example - Mondragon corporation with 70,000 employees - B Corporations - Fair Share Commons - Peer to Peer - Worker owned companies - Cosmolocal organizations - Decentralized Autonomous Organization (DAO)
Tags
- alternatives - to - mainstream companies - cooperatives - Peer to Peer - Decentralized Autonomous Organization (DAO) - Fair Share Commons - B Corporations - Worker owned companies
- quote / critique - it is upon us, beyond our power to alter, and therefore to be accepted and made the best of. It is a waste of time to criticize the inevitable. - Andrew Carnegie - The Gospel of Wealth
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www.youtube.com www.youtube.com
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for - from - Fair Share Commons discussion thread - Marie - discussing the use of the word "capital" in "spiritual capital" - webcast - Great Simplification - On the Origins of Energy Blindness - Steve Keen - Energy Blindness
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wiki.p2pfoundation.net wiki.p2pfoundation.net
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for - from - recommendation - from - Michel Bauwens - on Fair Share Commons chat thread, 2024 Oct 17 - context Karl Marx liberation of the individual - to - substack article - Why Human (Contributive) Labor remains the creative principle of human society - Michel Bauwens article details - title: From Modes of Production to the Resurrection of the Body: A Labor Theory of Revolutionary Subjectivity & Religious Ideas" (2016) - author: Benjamin Suriano
to - Substack article - Why Human (Contributive) Labor remains the creative principle of human society - Michel Bauwens - https://hyp.is/go?url=https%3A%2F%2F4thgenerationcivilization.substack.com%2Fp%2Fwhy-human-contributive-labor-remains&group=world
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press.princeton.edu press.princeton.edu
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Michael Sonenscher
for - capitalism - etymology - modern - book Capitalism: The Word and the Thing - Michael Sonenscher - from - Discussion of "spiritual capitalism" on Kansas Missouri Fair Shares Commons chat thread - to - youtube - New Books Network - interniew - Captialism: The word and the thing - Michael Sonenscher
Summary - Michael Sonenscher discusses the modern evolution of the word "capitalism". Adding the suffix "ism" to a word implies a compound term. - Capitalism is a complex, compound concept whose connotations from the use in 18th and 19th century France and England is quite different from today's. - How meaning evolved can give us insight into our use of it today.
to - youtube - New Books Network - interniew - Captialism: The word and the thing - Michael Sonenscher - https://hyp.is/ftWWfoxQEe-FkUuIeSoZCA/www.youtube.com/watch?v=ZpNaxyPpOf0
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www.theguardian.com www.theguardian.com
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Kurz vor der COP16 zur Biodiversität geht die EU immer deutlicher von ihrer bisherigem Politik zum Schutz der Biodiversität ab. Man nimmt Rücksicht auf konventionelle Landwirt:innen, rechtsradikale und auch zunehmend antiökologisch agierende konservative Parteien. An die Stelle des Green Deal tritt das Bestreben, die Unternehmen im globalen Wettbewerb konkurrenzfähiger zu machen und die Wirtschaft wachsen zu lassen. Ajit Niranjan berichtet zusammenhängend über diese Entwicklungen und verweist auf wichtiger Meilensteine in der Geschichte von Abkommen zum Schutz der Biodiversität. https://www.theguardian.com/environment/2024/oct/09/europe-eu-green-deal-backsliding-nature-biodiversity-farmers-far-right-cop16-aoe
Tags
- COP16 biodiversity
- green deal
- by: Ajit Niranjan
- Kunming-Montreal pact
- Lieferkettengesetz
- Helmholtz Centre for Environmental Research
- Guy Pe’er
- lowering of climate ambition
- Guido Broekhoven
- Špela Bandelj Ruiz
- WWF
- EU
- biodiversity loss
- David Obura
- NBSAP Tracker
- Renaturierungsgesetz
- Ipbes
- Global Biodiversity Framework
- A fair share of biodiversity finance
- EU-Entwaldungsverordnung
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graham-boyd.biz graham-boyd.biz
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A FairShares Commons
Fair Shares Commons is a process as well as being a legal entity
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- Sep 2024
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4thgenerationcivilization.substack.com 4thgenerationcivilization.substack.com
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This labor can be put at the service of human society, the life of the non-human, and if you are so inclined, in service to the very Ground of Being.
FOR This is exactly what Eirunomics is proposing to do with its DAGDA streams: D ~ Dialogue A ~ Ancient Wisdom G ~ Generative AI D ~ Debt Free Mutual Credit / Currency and A ~ Alterative Collective Healing and all in teh form of a Fair Shares Commons which acts on Terra through Soil, Water, Food and Energy
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en.wikipedia.org en.wikipedia.org
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The law in many countries allows users certain rights over data whose copyright they do not own (including text, images, and other media), often under headings such as fair use or public interest. Depending on jurisdiction, these may cover issues such as whistleblowing, production of evidence in court, quoting or other small-scale usage, backups of owned media, and making a copy of owned material for personal use on other owned devices or systems. The steps implicit in trusted computing have the practical effect of preventing users exercising these legal rights.
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en.wikipedia.org en.wikipedia.org
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Round half to even, which rounds to the nearest even number. With this method, 1.25 is rounded down to 1.2. If this method applies to 1.35, then it is rounded up to 1.4. This is the method preferred by many scientific disciplines, because, for example, it avoids skewing the average value of a long list of values upwards.
Tags
Annotators
URL
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- Aug 2024
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docs.mattermost.com docs.mattermost.com
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The commercial license prohibits reverse engineering and tampering with our license key mechanism unlocking paid features so that we can run a compliant and fair commercial business.
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- Jun 2024
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If you want to stop receiving this email, then hit the Unsubscribe link. Because you asked for this email and confirmed that you wanted it, the right thing to do is to follow the directions to unsubscribe from it.
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www.washburn.edu www.washburn.edu
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Technology, Education and Copyright Harmonization (TEACH) Act. Signed into law by President Bush on November 2, the TEACH Act loosens the restraints created by the DMCA insofar as education is concerned
TEACH Act - loosens DMCA in favor of fair use
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More importantly, the idea of Fair Use was effectively removed from Web-based education because of the DMCA
Fair Use revoked b/c of DMCA
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uri.libguides.com uri.libguides.com
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Resources for using images in online education
Image sources
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www.fairuseweek.org www.fairuseweek.org
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It is not necessary to prevailon each of the four factors for asuccessful fair use claim.
You don't have to prove fair use in all 4 factors
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Fair use is a flexible standard andall four statutory factors areconsidered together.
Fair use flexibility
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The US Constitution clearlystates that the purpose of theintellectual property system is to“promote the progress of science andthe useful arts
Purpose of Intellectual property system
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ir use is a right explicitly recognizedby the Copyright Act.1 The SupremeCourt has recognized this right as a“First Amendment safeguard” becausecopyright law might otherwiseconstrict freedom of speech
Fair Use is a right - I really don't understand this but Ok
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guides.lib.utexas.edu guides.lib.utexas.edu
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Using the Four Factors
Four Factors Test for Fair Use
Read about each factor (character of the use, nature of the work, amount used, effect upon the market)
Answer each factor's question about your use See how the balance tips with each answer
Make a judgment about the final balance: overall, does the balance tip in favor of fair use or in favor of getting permission?
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guides.lib.utexas.edu guides.lib.utexas.edu
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are a small subset of the uses of online resources educators may wish to make. It only covers in class performances and displays, not, for example, supplemental online reading, viewing, or listening materials. For those activities, as well as many others, we'll need to continue to rely on fair use. Remember, however, when relying on fair use, the fair use test is sensitive to harm to markets. This means that in general, where there is an established market for permissions, there will often be a narrower scope for fair use, and our reliance on fair use should be limited.
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- Apr 2024
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en.wikipedia.org en.wikipedia.org
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https://en.wikipedia.org/wiki/Norman_Bel_Geddes
Interestingly, I saw his name and immediately thought of Barbara Bel Geddes and Vertigo.
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storage.courtlistener.com storage.courtlistener.com
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Hachette Book Group, Inc. v. Internet Archive (23-1260) Court of Appeals for the Second Circuit
REPLY BRIEF, on behalf of Appellant Internet Archive, filed 04/19/2024
https://www.courtlistener.com/docket/67801014/hachette-book-group-inc-v-internet-archive/
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www.theatlantic.com www.theatlantic.com
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In 1938, President Franklin D. Roosevelt signed the Fair Labor Standards Act, which created a right to overtime pay for those who worked more than 40 hours a week.
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- Mar 2024
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getpocket.com getpocket.com
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What if I don’t live in California?Only California residents have the right to data deletion under CCPA. (Why companies have the right to your data and you do not is another story. And here’s another. And another.)But some companies have said they’ll honor deletion requests no matter where you live. Spotify, Uber and Twitter said they treat deletion requests from any geographic location the same. Netflix, Microsoft, Starbucks and UPS have also said they’ll extend CCPA rights to all Americans.
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- Dec 2023
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sonec.org sonec.org
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CITIZEN LAUNCH
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for: SRG - community strategy, TPF - community strategy, epiphany - Indyweb Coalition fair attribution map for all stakeholders
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comment
- for SRG and TPF, the citizen launch is the optimal choice as it gives citizens the greatest autonomy.to get the correct framework established before approaching institutional partners for support
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epiphany: Indyweb generates detailed and fair attribution and contribution map for all coalition member involved
- Indyweb features will allow for granular attribution to all stakeholders and organizations within a collaborative project
- All contributions are automatically tracked as part of Indyweb workflow via the provenance feature and can be automatically surfaced in granular detail as metadata emergent from the group Indyweb mindplex, the intertwingled shared mindplexs of all participants
- In particular, by using Indyweb's provenance feature, it allows for automatically tracking the exact nature of the contribution
- For a multi-stakeholder coalition like Living Cities Earth, this takes care of fair automatic attribution
- The result is a fair attribution map that shows exactly who contributed and what they contributed
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- Oct 2023
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faircore4eosc.eu faircore4eosc.eu
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content.iospress.com content.iospress.com
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Which identifiers are FAIR enough?
Comparing FAIRness of PIDs
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- Sep 2023
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www.surf.nl www.surf.nl
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To reuse and/or reproduce research it is desirable that researchoutput be available with sufficient context and details for bothhumans and machines to be able to interpret the data as described inthe FAIR principles
Reusability and reproducibility of research output
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- Aug 2023
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www.rd-alliance.org www.rd-alliance.org
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Generalist repositorie
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10 Things for Curating Reproducible and FAIR Research
Test for multiple annotations
Tags
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URL
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zenodo.org zenodo.org
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research data life cycle
Annotated with RDA Tags: Working groups
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docdrop.org docdrop.org
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what are we gonna do with all these boundaries once this is their set right 01:43:58 what I always say that this esps really need to be linked to actors if they are going to have any bearing in real world and to guide the practice so we can do that by cross-scale 01:44:11 translation try to bring down this you know planetary level kind of our boundaries into actors cities and businesses in particular so when we talk about this cross-scale translation what we are talking about is if the boundary 01:44:24 is transgressed then what we are talking about is how do you allocate the responsibilities equal um equitably
- for: downscaled planetary boundaries, bend the curve, allocate responsibilities, fair share, science-based targets
- key insight
- downscaling to city scale and to business actdors
- based on Science based targets
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- Jun 2023
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www.semanticscholar.org www.semanticscholar.org
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This analysis will result in the form of a new knowledge-based multilingual terminological resource which is designed in order to meet the FAIR principles for Open Science and will serve, in the future, as a prototype for the development of a new software for the simplified rewriting of international legal texts relating to human rights.
software to rewrite international legal texts relating to human rights, a well written prompt and a few examples, including the FAIR principles will let openAI's chatGPT do it effectively.
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- Sep 2022
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mleddy.blogspot.com mleddy.blogspot.com
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The manuscript, mostly a Fair Copy, from which the present text has been faithfully printed, consists of eighty medium-sized index cards, on each of which Shade reserved the pink upper line for headings (canto number, date) and used the fourteen light-blue lines for writing out with a fine nib in a minute, tidy, remarkably clear hand, the text of this poem, skipping a line to indicate double space, and always using a fresh card to begin a new canto. Pale Fire (1962) [From Charles Kinbote's foreword to his edition of John Shade's poem.]
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- Jun 2022
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www.google.com www.google.com
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Google Library: Beyond Fair Use?
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Google's use of thumbnail images in its Image. Search is fair and noninfringing
Commercialization of fair use
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cacm.acm.org cacm.acm.org
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The nature-of-work factor generally focuses on the degree of expressiveness of the plaintiff's work. Artistic and fanciful works tend to be highly expressive, so it is generally more difficult to win fair use defenses involving such works. Fact-intensive and highly functional works tend, by contrast, to have a lesser quantum of expressive content. Hence, fair use may be easier to establish in cases involving such works.
Nature-of-work factor is more favorable for fact-intensive and highly functional works
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storage.courtlistener.com storage.courtlistener.com
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We write on behalf of plaintiffs Hachette Book Group, Inc., HarperCollins PublishersLLC, John Wiley & Sons, Inc. and Penguin Random House LLC (the “Plaintiffs”) to request apre-motion summary judgment conference pursuant to Individual Practice 2(B).
Purpose of Letter
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storage.courtlistener.com storage.courtlistener.com
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I write on behalf of Defendant Internet Archive pursuant to Paragraph 2-B of Your Honor’s IndividualPractices to request a pre-motion conference on a motion for summary judgment in the above matter.
A letter from the law firm representing the Internet Archives that summarizes the four-point fair use argument and details the extraordinary circumstances behind the the IA's National Emergency Library.
Hachette Book Group, Inc. et al. v. Internet Archive, Case No. 1:20-CV-04160-JGK
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- Jan 2022
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www.emerald.com www.emerald.com
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Nath, V., & Lockwood, G. (2021). Implications of the UK Equality Law for tele-homeworking: COVID-19 and beyond. International Journal of Law and Management, ahead-of-print(ahead-of-print). https://doi.org/10.1108/IJLMA-07-2021-0183
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- Nov 2021
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dasaptaerwin.net dasaptaerwin.net
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Collecting and disseminating progress
"collecting and diseminating progress..." dapat diterjemahkan dengan menggunakan perangkat yang telah ada (misal: repositori kampus dan Repositori Ilmiah Nasional) dengan memenuhi prinsip F.A.I.R (Findable, Accessible, Interoperable, and Resuable).
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- Sep 2021
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www.niemanlab.org www.niemanlab.org
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From a media point of view, Genius was offensive for its initial underlying claim: that it was okay to take anyone’s content for zero compensation, so long as it “added transformative value” by tacking on a comment box where people could say it sucked.
Hot take 🔥
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- Aug 2021
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www.ncbi.nlm.nih.gov www.ncbi.nlm.nih.gov
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Smith, M. J., Ahmad, A., Arawi, T., Dawson, A., Emanuel, E. J., Garani-Papadatos, T., Ghimire, P., Iliyasu, Z., Lei, R., Mastroleo, I., Mathur, R., Okeibunor, J., Parker, M., Saenz, C., Thomé, B., Upshur, R. E. G., & Voo, T. C. (2021). Top five ethical lessons of COVID-19 that the world must learn. Wellcome Open Research, 6, 17. https://doi.org/10.12688/wellcomeopenres.16568.1
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- Jun 2021
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www.thelancet.com www.thelancet.com
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Hussaini, Syed M. Qasim. “A Prescription for Fair Housing during the COVID-19 Pandemic.” The Lancet Infectious Diseases 0, no. 0 (May 25, 2021). https://doi.org/10.1016/S1473-3099(21)00257-7.
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- Apr 2021
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psyarxiv.com psyarxiv.com
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Pleskac, T. J., Kyung, E., Chapman, G. B., & Urminsky, O. (2021, April 23). Single- or double-blind review? A field study of system preference, reliability, bias, and validity. https://doi.org/10.31234/osf.io/q2tkw
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- Mar 2021
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fsi.stanford.edu fsi.stanford.edu
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Wenner, A. (2020, May 26). Our Democracy Depends on a Safe Election in November. Freeman Spogli Institute for International Studies. https://fsi.stanford.edu/news/our-democracy-depends-safe-election-november
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- Feb 2021
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app.scholarcy.com app.scholarcy.com
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Elections are only democratic if they are truly free and fair. This requires the freedom to advocate, associate, contest, and campaign.
what makes a true democracy
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maggieappleton.com maggieappleton.com
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In this idealised utopia we obviously want to place value on sharing and curation as well as original creation, which means giving a small fraction of the payment to the re-publisher as well.We should note monetisation of all this content is optional. Some websites would allow their content to be transcluded for free, while others might charge hefty fees for a few sentences. If all goes well, we'd expect the majority of content on the web to be either free or priced at reasonable micro-amounts.
While this is nice in theory, there's a long road strewn with attempts at micropayments on the web. I see new ones every six months or so. (Here's a recent one: https://www.youtube.com/playlist?list=PLqrvNoDE35lFDUv2enkaEKuo6ATBj9GmL)
This also dramatically misses the idea of how copyright and intellectual property work in many countries with regard to fair use doctrine. For short quotes and excerpts almost anyone anywhere can do this for free already. It's definitely nice and proper to credit the original, but as a society we already have norms for how to do this.
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- Oct 2020
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theintercept.com theintercept.com
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“It sure smells like the prescreening provisions of the FCRA,” Reidenberg told The Intercept. “From a functional point of view, what they’re doing is filtering Facebook users on creditworthiness criteria and potentially escaping the application of the FCRA.”
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- Aug 2020
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For example, let’s say the house you just inherited from your grandmother was originally purchased in 1960 for $25,000. If the house is now valued at $425,000, does that mean that when you sell the home, you’ll be taxed on a $400,000 profit? Luckily, no. You’ll only be taxed on gains during the short time period between inheritance and sale.
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certificates.creativecommons.org certificates.creativecommons.org
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More information about limitations and exceptions to copyright
Under more information about limitations and exceptions to copyright add section titled Case Studies: Case studies provide valuable information relating to the state of affairs in various countries, as well as the opposing views when debating copyright issues.
- South Africa: a case study of politics and the global economics of limitations and exceptions to copyright. The current debate in South Africa regarding proposed amendments to the Copyright Bill allows showcases the different sides of the debate, and how legal frameworks, e.g. the Constitution of the Republic of South Africa also informs decision making.
- US Government Threatening To Kill Free Trade With South Africa After Hollywood Complained It Was Adopting American Fair Use Principles, by Mike Masnick, 4 November 2019.
- South Africa’s Copyright Amendment Bill – one year on, by Denise Nicholson, 30 March 2020. This work is licensed under a Creative Commons Attribution 4.0 International License.
- South Africa’s Copyright Amendment Bill Returned to Parliament for Further Consideration, Mike Palmedo, 22 June 2020. This work is licensed under a Creative Commons Attribution 4.0 International License.
- See the light and pass the Copyright Amendment Bill, by Mugwena Maluleke, Tebogo Sithathu, Jack Devnarain, Tusi Fokane, Ben Cashdan and Jace Nair, 24 June 2020. © Mail & Guardian Online.
- South African President’s Reservations to Copyright Bill Not Supported by Law, by Sean Flynn, 13 July 2020. This work is licensed under a Creative Commons Attribution 4.0 International License.
For a comprehensive list of materials relating to the South African Copyright Amendment Bill processes, see Copyright and Related Issues: USTR GSP trade threats re: Bill, list compiled and amended by Denis Nicholson
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www.amazon.com www.amazon.com
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worst of all, they are refusing the honor their warranty because there is some physical damage on the phone. While I understand that this is a standard warranty condition, a manufacturing defect is clearly LG's fault that they should rectify regardless of cosmetic damage.
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- Jun 2020
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riojournal.com riojournal.com
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GO FAIR Chemistry Implementation Network (ChIN)
See also this paper: https://doi.org/10.1162/DINT_A_00035
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- Apr 2020
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certificates.creativecommons.org certificates.creativecommons.org
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This is a comic book about intellectual property law and the public domain: https://law.duke.edu/cspd/comics/digital/.
A well-designed graphic novel/comic book with a narrative that dives into intellectual property and IP law. An excellent introduction to copyright, illustrating use-cases throughout. Thought-provoking and entertaining reading on fair use and public domain.
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www.mdpi.com www.mdpi.com
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The community should really be developing this, along with new standards for linking their datasets in the spirit of the FAIR (Findable, Accessible, Interoperable, Reusable)
Prinsip FAIR ini penting untuk diperhatikan. Referensi: Irawan dkk 2018.
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- Feb 2020
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sfartbookfair.com sfartbookfair.com
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theiceplant.cc theiceplant.cc
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printedmatterartbookfairs.org printedmatterartbookfairs.org
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www.printedmatter.org www.printedmatter.org
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abqzinefest.blogspot.com abqzinefest.blogspot.com
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www.printedmatter.org www.printedmatter.org
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www.gatonegro.ninja www.gatonegro.ninja
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theeverydaypress.net theeverydaypress.net
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- Jan 2020
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www.educationworld.com www.educationworld.com
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The fair use doctrine was created to allow the use of copyrighted works for criticism and commentary, parody, news reporting, research and scholarship, and classroom instruction.
Definition
- criticism
- commentary
- parody
- news reporting
- research and scholarship
- classroom instruction
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- Oct 2019
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www.sbs.com.au www.sbs.com.au
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Un 7-Eleven de la ciudad de Brisbane deberá pagar casi 200.000 dólares de multa por aprovecharse de sus trabajadores extranjeros y crear registros falsos para encubrir estas acciones ilegales. Este caso se suma a la serie de escándalos de explotación que afectan a esta franquicia, seis de ellas en la capital de Queensland. Updated Updated 05/06/2018 By R.O. Share Share on Facebook Share on Twitter Un Tribunal del Circuito Federal multó a Avinash Pratap Singh, gerente y dueño parcial de una gasolinera 7-Eleven en East Brisbane, con 32.130 dólares y a la empresa que dirige S & A Enterprises con otros160.650 dólares tras una investigación realizada en 2015 por la Defensoría de Empleo Justo (Fair Work Ombudsman).Los inspectores de la Defensoría hallaron que los empleados, todos ellos jóvenes estudiantes provenientes de la India, recibieron 5,593 dólares menos en total por los períodos en que trabajaron en la gasolinera en 2014.Singh y su empresa admitieron que pagaron a sus empleados 14,14 por hora, que está por debajo del salario mínimo legal, y que además no les dieron a estos jóvenes el dinero que les correspondía por horas extras trabajadas ni por las jornadas durante los fines de semana y los días festivos.A otro empleado de la gasolinera se le pagó un 25 por ciento menos de lo que le correspondía (4,439 dólares) por los cinco meses que trabajó, mientras que a otro joven se le dio 1,154 dólares menos durante las siete semanas que estuvo empleado en ese lugar (41 por ciento menos(.Singh y S & A Enterprises también proporcionaron datos falsos a la oficina central de 7-Eleven sobre los salarios, según un comunicado de la Defensoría de Empleo Justo.El juez Angelo Vasta indicó que la entrada de datos falsos sobre las horas y los salarios dados a los empleados de esa gasolinera en el sistema de pagos “crearon registros en los que parece que los empleados recibieron las tasas de salarios fijados por los laudos actuales, incluyendo las tasas de recargo y las pagas por horas extraordinarias de trabajo, las cuales no tienen relación con las horas de trabajo o las tasas reales por hora (que se les pagó)”.El juez además obligó a los responsables a pagar a la Defensoría 2,247 por los costes legales.
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Mr Chang admitted his company had paid flat hourly rates as low as $13 an hour. 7-Eleven investigation 7-Eleven playing 'statistical tricks' in worker compensation scheme'He made me scared': 7-Eleven worker speaks of intimidationExploitation integral to 7-Eleven business model: insider7-Eleven staff work twice as long at half pay rate7-Eleven business model rips off workers, former ACCC boss saysConvenience store empire 'built on something not much different from slavery' This resulted in significant underpayment of the minimum hourly rate, casual loadings and penalty rates for shift and weekend work that employees were owed under the General Retail Award 2010.Judge Michael Jarrett found Mr Chang knew the relevant Award that applied but had "established a business model that relied upon a deliberate disregard of the employees' workplace entitlements and a course of conduct designed to conceal that deliberate disregard".Judge Jarrett found no evidence the company's contraventions were motivated by poor cash flow.He said "rather, it seems, the company's profit has been enhanced by the underpayments concerned".The FWO confirmed all underpayments had been rectified."Businesses should be in no doubt that lawful obligations to pay minimum wage rates, keep appropriate employment records and issue pay slips apply to all employers in Australia and they are not negotiable," Fair Work Ombudsman Natalie James said."The deliberate nature of the underpayments and the lengths that Mr Chang went to in order to hide his conduct from us and from the 7-Eleven head office is of grave concern."Mr Chang was fully aware of his lawful obligations and chose to manipulate the system in order to undercut the entitlements of vulnerable workers. "We are pleased that the court has seen fit to penalise such blatant conduct and hope that this serves as a warning that such behaviour will be penalised."Mr Chang and his company sold the 7-Eleven franchise in late-2016 and the franchise is now operated by an entity unrelated to these contraventions.The FWO said it had taken legal action against nine 7-Eleven operators since 2009, and that cases against three operators were still before the courts.7-Eleven's Australian head office has since commented on the court decision."7-Eleven welcomes the Fair Work Ombudsman's actions pursuing these wage underpayment claims dating back to 2013-14," a company spokesperson said."The Franchisee concerned is no longer part of our store network."We have introduced comprehensive reforms to ensure our Franchised store network operates at the highest standards we expect, and will take action where those standards are not being met."
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www.fairwork.gov.au www.fairwork.gov.au
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The penalties are the result of a legal action by the Fair Work Ombudsman after its investigation found that 21 employees across the two stores had been underpaid a total of $31,507.27 over a 12-month period. Viplus Pty Ltd, which operated a store in Adelaide Street until July 2017, was penalised $88,140, while Vipper Pty Ltd, which operated a store in George Street until May 2017, was penalised $68,262. Penalties totalling $36,559 were also handed down against Jason Yuan, a director of both companies. The stores were two of 20 7-Eleven outlets targeted for surprise night-time visits by the Fair Work Ombudsman as part of a tri-State operation in September 2014. The Fair Work Ombudsman has taken legal action against 11 7-Eleven operators since 2009. In this matter, inspectors found that the workers at both stores were paid flat rates for all hours worked, save for public holidays where they received an additional $20 per hour in cash. Given the 24 hour, seven-day nature of the businesses, this resulted in significant underpayments of Saturday and public holiday penalty rates, overtime rates and shift work rates stipulated by the General Retail Industry Award 2010. Two workers at the Adelaide Street store were also found to have been paid at the incorrect classification. Individual underpayments ranged from $98.36 to $5080.16. They have all now been rectified The respondents were also penalised for failing to meet record-keeping and payslip requirements, including by failing to include information in respect of cash payments made to some of the employees. In her judgment, Judge Mercuri noted that the underpayments were “substantial”, particularly given the low-skilled nature of the work and the vulnerability of the workers due to their age and, in some cases, their visa status. “Given that many of the employees of both Viplus and Vipper were in Australia on various visas, with many being young workers, the impact of the underpayments was significant for each of the affected employees,” Judge Mercuri said. In determining the penalties, Judge Mercuri also pointed out that Mr Yuan had been running the stores for over twelve years, had a background in finance, banking and project management and had access to significant training and support from the 7‑Eleven head office. In addition, her Honour noted the Fair Work Ombudsman had previously issued Vipper and Mr Yuan with a letter of caution in 2013 after an investigation found that workers at the Adelaide Street store were not being paid applicable weekend and public holiday penalty rates. At the time, the Fair Work Ombudsman advised Mr Yuan about his obligations to pay penalty rates as stipulated under the Award. Judge Mercuri found this “continued failure to ensure compliance with the Award following the issuing of a letter of caution to Vipper Pty Ltd” to be a relevant factor in determining the penalties for Vipper and Mr Yuan. Acting Fair Work Ombudsman Kristen Hannah says that the regulator takes a particularly dim view of employers who continue to breach workplace laws after being explicitly advised of their obligations. “Employers must recognise that significant consequences will follow when they knowingly flout the law,” Ms Hannah says. “There is no excuse for continued non-compliance by a business when it has been placed on notice and we will not hesitate to pursue serious enforcement action when this occurs. “We have no patience for business operators who fail to respect the law and ignore our advice, and the penalties handed down in this case reflect the seriousness with which such matters will be dealt.” Ms Hannah says that the Fair Work Ombudsman takes the exploitation of young workers and visa holders particularly seriously. “We know that these cohorts face specific vulnerabilities in the workplace due to a lack of awareness of workplace laws and a reluctance to speak up if something is wrong,” Ms Hannah says. “There is no place for the deliberate exploitation of vulnerable workers in Australian workplaces.” Ms Hannah says the commencement of the Fair Work Amendment (Protecting Vulnerable Workers) Act 2017 has increased the maximum penalties for employers who knowingly exploit workers. “Businesses should be aware that serious breaches of workplace laws have increased ten-fold and can now attract penalties of up to $630,000 per contravention for companies and $126,000 for an individual,” Ms Hannah says. 7-Eleven entered into a Proactive Compliance Deed with the Fair Work Ombudsman in late 2016, committing to a range of measures designed to ensure all its workers receive their lawful entitlements through strong accountability for all operators across its franchise network and supervision by the Fair Work Ombudsman. Employers and employees seeking assistance can visit www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94. An interpreter service is available on 13 14 50. Information on the website can be translated into 40 languages other than English. NOTE: Vipper Pty Ltd and Viplus Pty Ltd no longer own or operate the Adelaide Street or George Street 7-Eleven stores in Brisbane. The Fair Work Ombudsman makes no allegations against the current operators.
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- Aug 2019
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certificates.creativecommons.org certificates.creativecommons.org
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http://librarycopyright.net/resources/fairuse/index.php
This tool was helpful for further exploration of Fair Use concepts in Unit 2, but felt too subjective for my liking. I prefer this Fair Use Checklist created by Kenneth D. Crews, the author who wrote the book Copyright Law for Librarians and Educators. I reference this book often and like his straightforward “check the box” to visually show whether use is in favor or opposing fair use.
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- Jun 2019
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www.go-fair.org www.go-fair.org
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www.nature.com www.nature.com
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- May 2019
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theintercept.com theintercept.com
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“If Facebook is providing a consumer’s data to be used for the purposes of credit screening by the third party, Facebook would be a credit reporting agency,” Reidenberg explained. “The [FCRA] statute applies when the data ‘is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer’s eligibility for … credit.'” If Facebook is providing data about you and your friends that eventually ends up in a corporate credit screening operation, “It’s no different from Equifax providing the data to Chase to determine whether or not to issue a credit card to the consumer,” according to Reidenberg.
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- Apr 2019
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www.go-fair.org www.go-fair.org
- Mar 2019
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www.go-fair.org www.go-fair.org
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The main purpose of the Discovery IN is to provide interfaces and other user-facing services for data discovery across disciplines. We explore new and innovative ways of enabling discovery, including visualizations, recommender systems, semantics, content mining, annotation, and responsible metrics. We apply user involvement and participatory design to increase usability and usefulness of the solutions. We go beyond academia, involving users from all stakeholders of research data. We create FAIR and open infrastructures, following the FAIR principles complemented by the principles of open source, open data, and open content, thus enabling reuse of interfaces and user-facing services and continued innovation. Our main objectives are:
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www.messiah.edu www.messiah.edu
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For this factor... It is more likely to be fair use if... It is less likely to be fair use if...
Pay close attention to the criteria for Fair Use (check out the evaluation tool at the bottom)
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twitter.com twitter.com
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There is a serious crisis of discoverability. To overcome it, we have to tear down the walls of dark knowledge and invest in the open discovery infrastructure, esp. user interfaces.
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www.copyright.gov www.copyright.gov
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US government copyright website section on Fair Use
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en.wikipedia.org en.wikipedia.org
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Fair Use explains exceptions to copyright for specific uses, including education.
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- Feb 2019
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copyright.columbia.edu copyright.columbia.edu
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library.osu.edu library.osu.edu
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fairuse.stanford.edu fairuse.stanford.eduHome1
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hsl.osu.edu hsl.osu.edu
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- May 2018
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www.scribd.com www.scribd.com
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In asituation where an employment already has a notified minimum wage fixed and the workers feel that the employer has the resourcesto pay a better wage and succeed in their claim throughadjudication/ collective bargaining, the higher wage procured istermed a “fair wage”
Difference between Fair Wage and Minimum
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www.whaleprom.com www.whaleprom.com
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- Jan 2018
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doc-0s-c0-docs.googleusercontent.com doc-0s-c0-docs.googleusercontent.com
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If US legislators and net neutrality advocates really want to protect the rights of internet users, they should call for the removal of barriers to entry for up-and-coming ISP
Making the internet more fair for all ISP's and allowing for competition for bigger ISP's, plus protecting the rights of the users by allowing them a free/open internet.
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- Aug 2017
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journals.plos.org journals.plos.org
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A strong version of moral rights even gives the author the right to retract a work from publication and to enjoin any further publication or duplication.
But not in the scholarly commons, although I think we did recognize that this was a problem. But the persistence requirement of FAIR says they cannot remove all traces of the work.
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- May 2017
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content.iospress.com content.iospress.com
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So a PID is necessary, but not sufficient.
Note that in the Data Citation Principles, we recommend that the PID resolve to a landing page and not to the data set itself. Need to bring this up with Tim and Martin.
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insideuniprot.blogspot.com insideuniprot.blogspot.com
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UniProt was one of the case studies presented in the original FAIR publication. What makes UniProt FAIR?
Good figure to use for FAIR. Now available in Wiki Commons
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web.hypothes.is web.hypothes.is
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The FAIR Data Principles were were published in late 2014 and early 2015.
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thepund.it thepund.it
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The diffusion and the public endorsement of data FAIRness has been rapid
Good to see posts on this.
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- Mar 2017
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med.stanford.edu med.stanford.edu
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FAIR (Findable, Accessible, Interoperable, Reusable) principles
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www.commonsense.org www.commonsense.org
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individual's interpretation of that policy
AUP connections to individual / institutional variance in Fair Use / Copyright interpretations relevant here as well.
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- Feb 2017
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clalliance.org clalliance.org
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s, and characters from the fictional story world, in ways that powerfully resonate with fans of the series. Participants are mobilized as “Dumbledore’s Army of the real world” in campaigns such as Not In Harry’s Name which pressures Warner Brothers into using Fair Trade chocolate for its Harry Potter Chocolates.
Fair trade chocolate is a topic that i recently learned about after a long discussion with my sister. It essentially is a Standerd that certifies that the chocolate is not made from plantations that make children and work under unfair conditions and wages.Its amazing how they were able to stand up to cooperates to a issue that most people are not even aware of, Great Work
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- Sep 2016
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www.theguardian.com www.theguardian.com
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Jane Austen uses they in the singular 75 times in Pride and Prejudice (1813) and as Rosalind muses in 1848’s Vanity Fair: “A person can’t help their birth.”
Jane Austen use of they; also Thackeray
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- Jul 2016
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www.clir.org www.clir.orgpub1711
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AIR principle—Find, Access, Interoperate, Re-use
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- Oct 2015
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www.theatlantic.com www.theatlantic.com
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beyond any tool, company, or institution.
Hmmmm again.
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required by the Americans with Disabilities Act.
Wow again.
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public knowledge
Hmmm...
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software that searches web pages and images were so transformative as to be fair use.
Wow.
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- Jul 2015
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www.collegeart.org www.collegeart.org
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- CAA's long awaited guidelines for the fair use - reuse - of images within publications.
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- Feb 2014
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cyber.law.harvard.edu cyber.law.harvard.edu
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These rights are quali- fied, however, by the application of various limitations set forth in the next several sections of the Act, §§107 through 122. Those sections, typically entitled “Limitations on exclusive rights,” include, for example, the principle of “fair use” (§107), permission for limited library archival reproduction, (§108), and the doctrine at issue here, the “first sale” doctrine (§109)
- §107 - the principle of “fair use”
- §108 - permission for limited library archival reproduction
- §109 - the “first sale” doctrine
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