NetBib: “Gespannt darf man jetzt auf die Reaktion von Lawrence Lessig sein.”
Tom Morris: “If we don’t set the damages, the courts will, and as the Adam Curry case demonstrates, they’ll fuck it up.”
R-Win: “De ‘winst’ ligt in het feit dat de Amsterdamse rechter de waarde en geldigheid van Creative Commons onderschrijft.”
Planet.nl: “Weekblad Weekend verloor gisteren een rechtszaak die werd aangespannen door Adam Curry, die in Engeland woont.”
Zij-Online: “WEEKEND VERLIEST RECHTSZAAK!”
EirePreneur: “Indeed, it seems a picture may be worth a thousand words, but a song is worth a thousand pictures.”
David: “This verdict means that a magazine in the Netherlands can take every picture they like from a website and publish it. They just have to pay € 1.000,- wich is a real bargain for a picture of a celebrity.”
The Watchtower: “Das heist im klar Text, die Lizenz ist in den Niederlanden praktisch Wertlos!”
Geoffrey Sneddon: “It pretty much sends the message out that you can steal photos from the web without permission if you pay a small fee.”
Jersey Todd: “Why is the value of a swiped picture less than the value of a swiped song?”
wongaBlog: “So Creative Commons stands up in court, but this judgement means it’s effectively useless in practice”
It seems to me this judge places more value on the photographs than a human life. If all she did was to tell the magazine not to do it again then she’s really done nothing at all.
I find both rulings very upsetting. It’s a terrible thing that father should have to risk going to jail to protect his dauther because the law will not. And I have to wonder if a $1200 fine will discourage the Dutch media from printing photos if they sell more newspapers because it, it might just be the cost of doing business.
I agree with James: obviously, what the judge is actually saying is that:
1- the law applies differently if you’re a large corporation than if you’re just an individual
2- the cost for any commercial enterprise for printing copyrighted material owned by an individual is $1200
Thought about appealing?
I am only 25 years old and not yet a father, but I do find it very strange that a magazine is actually allowed to publish photos of a 15 year old girl on her way to school. What I find bad about it is that actually an adult followed an underaged teenager in order to make profit by selling / publishing her photos. That is simply wrong. Why could they just not have the decency of asking the Curry family to get a real tastful interview, with a certain number of high quality photos. Well, I guess, these publications do not work that way.
And I agree with prvious comments that 1000 Euros just does not make a difference for the publisher. I am sure other photos are far more expensive.
Am I reading this right that there was no penality for the law they’ve already broken… only if they do it again? They are not even paying you for court fees?
Don’t get me started on the whole CC precidence thing. Need to let this sink in… Can’t wait for the first big media outlet to take my work and start broadcasting it without telling me.
Enough with the promos already…especially when you play 2 for the same friggan show inside 10 minutes…you should start a new RSS feed and jam it with as many promos as you want….nobody will listen.
I was looking at the tv today to the ruling and I’ve noticed the fact that “they” are talking about you and your fam as being the “money objective people” who lost their claim to fame and some cash. We all know that that same program has regular guest appearence from the socalled “profesional editor” which brings down the program anyway. As we are no bring rthings to their level, for them ” de flikkers” it is easy to use flickr, as it is all in a name..
Good thay the pics won, sorry no cash maybe, but you made a point!
Good adam!!
Antoine
[...] Adam Curry is a rather incredible person. I applaud his efforts to change the music business and I have fully, short of recently due to personal situations, embraced the podcasting hype (more FRN podcasts are coming, don’t worry). However, if you listen to his Daily Source Code, you’ll know that he is in the final round of a court battle with a European tabloid that took non-public pictures of his daughter and published them along with her school location and transportation methods. Now, without coming across as sympathetic toward the tabloid (what the tabloid did was completely inappropriate and could jeopardize the life of his child), if Adam was really concerned about stalkings and personal privacy, why does he have Roger Smalls, an individual Adam himself labels as a “stalker”, on his show with a special “Message From Roger Smalls” segment? In my opinion, which is not the opinion of a millionaire entrepreneur, if I was trying to demonstrate the dangerous nature of stalking and privacy infringement, I would have absolutely nothing to do with anything close to a stalker or any person who goes through my trash; let alone meet them for lunch. [...]
well fuckadoodledo.
evidently that court system has less intrinsic value to its contituents than shit on a pump handle. (it’s an old saying, i think). this is beyond ridiculous. this is completely careless. protecting minors is not a big deal over there, that is really too bad.
Maybe add a statement on your flickr page that precisely states the rights of use and link to that from every image description.
Why does the life of a person in the public eye have to be so much harder than the life of the rest of us? Because they have a lot more money? Is that all?
It sounds like it was a win overall on the CC/Photo/Flicker issue. Insofar as damages, basically there weren’t any, no monetary losses were incurred by Adam (except court related legal expenses, travel; not to mention contact lens/hair maintenance costs, lol) or irreparable injury to Adam’s business that would result in losses. You can’t make an argument for suffereing damages by making an argument that is, in reality, an argument for excess punitive sanctions. So I think the Judge’s hands were tied in the amount she could award you, but the fact that she ordered the other side to refrain entirely from using your Flicker pics (or face court-imposed fines) is more than a nod to the recognition and weight of the CC usage license. And, as far as I can gather from what little there is to go on about this, in the event they did use your flicker pics again in the same manner that first bought you to court, there shouldn’t be any reason why you couldn’t sue them again for damages in excess of the court ordered punitive amount – provided you can back up the claim that you suffered financially.
Of course, they will be folks who think the Judge should have ordered them to give you bagfuls of cold hard cash, and maybe those folks can write letters to the Dutch legislature and convince them to enact a law in that country that sets a minimum statutory fine (say, bagfuls of cash) for anyone found in violation of the CC license under the same circumstances as Adam’s case, regardless of celebrity. Then the Judge would have to follow the statute in finding against an offending party and award bagfuls of cash to the aggrieved party. And you could still sue for actual damages in excess of that amount.
This is a judgement from a court that obviously doesn’t understand or take seriously new media. It is a decision that will come back and bite them in the collective ass once these issues become more prevalent. Many props to you for being the first to tread these new waters!
Although I know that the primary focus of the case was the use of the Flickr photos in violation of the Creative Commons license, it bothers me more that the court dismissed the charges against them for stalking your daughter. As the mom of a 12-year old daughter who performs in public frequently (but is not in any way a ‘personality’ or in the public eye), it gives me chills to think that there is a court out there who views the stalking AND reporting of a 15-year old girl’s path to school and home as something dismissable without even a slap.
Shame on them. Do whatever you need to protect your family, because it’s obvious there isn’t much recourse in the courts.
As you allready mentioned in the show Adam it is clear that the justice system works on 2 scales. 1 if the complainer is a big company and 1 if the complainer is a single person. This is in my eyes very unfair and not justice at all. So i think there has to be a reaction from the public that the justice is seriously on the wrong track here.
Basiel
Shocking result. Cannot believe it is lawful to follow and photograph a child going to and from school. Maybe you should consider bringing a case against them in the UK? Is that possible?
On the CC side: again, seeing the law being run for big business. I commented on the Supreme Court filesharing case previously, this looks like more of the same.
Bad news Adam.
IANAL but I suggest you be careful what you say about “in print” about handling things yourself. I understand the sentiment totally though.
I fart in the magazines general direction (arse winds to them).
Creative Common a little protected
While Adam Curry lost his case against a dutch ‘gossip’ magazine, the photo’s he posted at flick under Creative commons license are also, not that, protected by the license. The magazine used the photo’s and the judge stated th…
People people! Please base your comments on the facts. No-one was stalked in this case! No picture was taken of Curry’s 15 yo daughter! Please read the facts in the verdict. Adam is not telling the whole truth!
Adam, spell my name correct! Please!
> EirePreneur: “Indeed, it seems a picture may be worth a thousand words, but a song is worth a thousand pictures.â€
Just imagine what a video is worth…
I’ve only been listening to the DSC for a few months now, but definitely long enough to understand what’s happened with the court case.
It’s a real shame there wasn’t more impact/punishment given on the side of the magazine. There have been similar cases here in the U.S. with similar verdicts, which obviously doesn’t bode well for the individual who ‘created’ said work of art. The Dutch court has just set a precedence for any future rulings which will ultimately leave it up to the Judges themselves to decide whether or not what was taken without permission merits any ‘artistic/commercial’ value or whether it’s “just a cute family vacation photo” or some worthless tchotchke. This is a true disaster for both the Dutch court system and the artists who look to the system for answers when such things happen again… and it can be guaranteed that they will happen again, most likely with more frequency as our access to information and the digital framework of the world increases.
The artistic community and the fight for artists rights, whether you agree it is “art” or not, has been ongoing for ages and more so now with the onset of the digital revolution, it’s become SO easy for people/corporations to steal ‘art/personally created works’ and verdicts such as this can only do so much.
There are a lot of people here telling Adam to “get a clue” as they believe the verdict was a complete LOSS. I agree that after this verdict, the members of said corporation probably all went back to work laughing and headed out for drinks later that night, but the verdict itself is NOT a wash. It is a step in the right direction. A small step, but a step nonetheless. The amount of money that was decided upon for future infractions by the company is ridiculously low when considering what individuals are being fined for the same infraction, but consider the outcome had nothing been done. A complete loss for Adam, and more importantly for the rest of the world, would have been if nothing was done and the corporation was let go with the “understanding that they wouldn’t do it again.†At least now there is SOME form of ‘loss’ to the company for any future stupidity.
I’ve also read a number of people with the opinion that “Adam just wants money.†I’m not his buddy, we’ve never spoken and I don’t send him flowers on Valentines Day but I’m PRETTY SURE that you are wrong. He’s said on a number of occasions that he is not interested in the money. Obviously payment for his photos would be nice, but as someone who is walking the front lines of a new and increasingly popular technology (ie. Podcasting), he is aware of the impact that such trials will have on the future of artistic freedom for any medium we choose to pursue.
In the end, I think the trial was a step in the right direction and I applaud you Adam for taking the initiative and following through with the case. When it comes to the issue of your daughter, I would agree with some of the other posters who have said, “It’s probably best to keep your threats (however idle they may be) to yourself.†Although I can fully appreciate the response, it does nothing for ‘the cause’ but stir up more trouble. As for the verdict on the part of the magazine and their use of your photos, I believe we are all better off for you having gone through with the trial.
P.S. Although I’m new to the podcasting community, I find it slightly annoying that Microsoft Word Dictionary does not yet recognize the term “Podcasting.” They’re answer is to make it two words… I don’t THINK so!
Dutch comment on planet.nl: http://www.planet.nl/planet/show/id=118880/contentid=690488/sc=92055d
“Adam Curry was tegen wil en dank de karretrekker”…. tegen wil en dank? Als ik het goed begrepen heb toch juist niet! Daar ging het ‘m nou juist om… niet om die € 1000,-
Come’s down to Curry and being the first with a case with Creative Commons (in Holland). At least they say he won!
oh my god! Smilies…. NO!
I’m sorry… i won’t do that again…
YOU ARE ON!! My BUD!!! those 1000 are for ME!!!
Thanks for correcting it
http://www.trouw.nl/novumnieuws/film/article243039.ece/Adam+Curry+verliest+van+Weekend
Okay, so Adam and Patricia have chosen to lead a public life, therefore they have invited attention. However, Kristina had no choice in her parents professions. Doesn’t she have any rights for herself? The courts should be protecting her because she is a person and not just an extention of her parents. She should not have to live in fear because her parents are famous. The parents, given that they are celibrities, are responsible for taking reasonable security measures, however, this does not give the media a free pass to punch holes in those measures.
The difference between Roger Smalls and Weekend is that Roger Smalls is a harmless part of the show who calls in from time to time. And, Adam’s daughter is a MINOR, if Roger Smalls is stalking Adam Curry for real, I doubt that he would play his own special jingle for him, eh? Adam’s daughter is NOT part of the show. That’s a very big difference and an obvious one at that. Just because your father is in the public eye does not mean you should be subjected to the potential public harm of REAL stalkers. Isn’t that obvious?
Hoi Adam en Patricia,
Wat hebben jullie trouwens een mooie dochter zeg een beauty net als haar moeder.
Groetjes en veel geluk in Engeland.
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And I thought they would ignore the case here in Germany: http://www.n24.de/wirtschaft/multimedia/?n2006031313372500002
The same article in the Netzeitung: http://www.netzeitung.de/internet/386781.html
Well, not the Tagesschau or Heute or Aktuelle Stunde but it’s something.
Ah: Some guy in my blog – a lawyer, works for http://www.ifross.de/ – asked if the opinion of the court is online somewhere so he could have a look and write an article about it? I searched on my own but find nothing, alas.
Ad Astra
The opinion of the court should be available at rechtspraak.nl under number AV4204, according to the Bits of Freedom newsletter.
Thanks.
Ad Astra
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