This raises another question broached by Brian Wallis — his assertion that, as a general principle, “comment” automatically constitutes an “alteration” even when said “comment” comprises nothing more than what Mr. Prince acknowledges is “gobblygook” (sic). If even incomprehensible prose inherently represents the activity we call “commenting,” then all speech qualifies as commentary, in which case the “comment” requirement of the “fair use” exception becomes meaningless. […]
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The simple fact is that, for any creative person who engages with it seriously, the computer makes feasible things that couldn’t have been done before — either because they were impossible or because they were too labor-intensive to be worthwhile. […] I sat there in the respectful silence one reserves for historic moments marking major cultural change. So much for all our agonizing debates over the ethics of electronic image alteration in photojournalism, our ponderous ruminations about whether the editors at National Geographic should have moved those damn pyramids closer together. Vox pop had spoken, and its answer was: Go for it. […] |
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Nevertheless, They Persisted (1)
I have served as an expert witness in Graham v. Prince et al (15‑cv‑10160) and McNatt v. Prince et al (16‑cv‑08896), providing my services pro bono. This included drafting a written statement on behalf of the plaintiffs — responding to a specific set of questions posed by the lawyers for Graham and McNatt — and sitting through an extensive deposition by Prince’s high-priced lawyers. […]