[HN Gopher] Free as in Climbing: Open Data Project Threatened by...
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       Free as in Climbing: Open Data Project Threatened by Bogus
       Copyright Claims
        
       Author : pabs3
       Score  : 66 points
       Date   : 2021-03-28 12:56 UTC (10 hours ago)
        
 (HTM) web link (www.eff.org)
 (TXT) w3m dump (www.eff.org)
        
       | glong64 wrote:
       | It's a pity that the EFF has lost its credibility last week by
       | participating in a witch hunt against RMS.
        
         | breck wrote:
         | I wasn't a fan of their approach to that issue, but still
         | strongly support the EFF. I do wish they would take a more
         | principled stand against #ImaginaryProperty, but someone
         | recently explained to me, and I concur, that people should
         | incorporate 10 or even 100 new non-profits to do that as #EFF
         | has a big portfolio and shouldn't be expected to do everything.
         | If anyone out there forms new orgs to work toward
         | #IntellectualFreedom and #EndingIp, please drop me a line and
         | let me know what you need!
        
         | Rule35 wrote:
         | True. They can burn a lot of credibility in a single
         | unwarranted witch-hunt against a named individual.
        
         | browningstreet wrote:
         | Not sure 100% adherence to an individual's particular political
         | positions is the way to measure the worth and value of an
         | organization.
         | 
         | I love and support the ACLU and disagree strongly with some of
         | their positions.
        
           | b215826 wrote:
           | > _Not sure 100% adherence to an individual 's particular
           | political positions is the way to measure the worth and value
           | of an organization._
           | 
           | No one is asking the EFF to agree with everything RMS says.
           | However it's quite ironical that the EFF deviated from its
           | stated goal of protecting free speech [1] on the Internet and
           | joined the lynch mob trying to cancel RMS. This does cast the
           | EFF in a negative light since now there's speech that the EFF
           | likes and speech they don't. As long as there's such a
           | dichotomy, it's hard to take an organization claiming to
           | defend free speech seriously.
           | 
           | [1] https://www.eff.org/issues/free-speech
        
         | jstanley wrote:
         | If you think it's unreasonable for people to blanket-denounce
         | RMS based on the content of 1 or 2 of his opinions, then you
         | might want to consider whether or not it is reasonable to
         | blanket-denounce the EFF based on 1 or 2 of theirs.
        
           | Rule35 wrote:
           | The EFF is a lobbying organization, RMS is an actual person.
           | 
           | Also, there should be a higher bar for them because they're a
           | faceless organization attacking RMS. If RMS attacked them, as
           | individuals, I might agree to some equivalency.
        
       | ryannevius wrote:
       | I've been using Mountain Project for over a decade now. The site
       | made a turn for the worse when it was acquired by REI, and then
       | improved again when REI decided it wasn't worth it for them and
       | handed ownership back over to the founder. onX has now owned
       | Mountain Project since January, so this is likely originating
       | with them.
        
       | kevin_b_er wrote:
       | We are now in an era where copyright laws do not promote the
       | progress of the science and the arts. They merely serve as
       | protectionism from competition and criticism.
        
         | hklgny wrote:
         | I mean the guy scraped their site and created a competitor. If
         | I add content to a site, I'm for sure not transitioning
         | ownership to them, but I'm also not giving everyone else in the
         | world permission to take it and use it anywhere they want.
        
           | spacemanmatt wrote:
           | Legal precedent suggests you are probably granting the public
           | access to take it and use it any way they want.
           | 
           | Via https://en.wikipedia.org/wiki/HiQ_Labs_v._LinkedIn
           | 
           | > Ultimately, the Ninth Circuit's affirmation of the district
           | court's grant of the preliminary injunction prohibited
           | LinkedIn from denying hiQ access to publicly available data
           | on public LinkedIn users' profiles.
        
             | MereInterest wrote:
             | Also, a dataset itself is not a creative work and is not
             | entitled to copyright protections. The particular
             | presentation of a dataset may be, but not the dataset
             | itself.
             | 
             | https://en.wikipedia.org/wiki/Feist_Publications,_Inc.,_v._
             | R....
        
               | hklgny wrote:
               | Fascinating, thanks to you both for the links. I'm
               | wondering why companies like Yelp and the realtor
               | association have been so effective at maintaining data
               | ownership if this is the case.
        
               | pessimizer wrote:
               | Massive efforts using obfuscation, spurious lawsuits,
               | lobbying, and buying up competitors. Only speaking about
               | the NAR, but as a past insider.
               | 
               | The NAR only exists because of lobbying to create laws at
               | the state and local that institutionalize themselves as
               | the only legitimate real estate agents, or over-specify
               | the qualifications for being a real estate agent until
               | they are only satisfiable by being a member of the NAR.
               | If all fails, access to MLSes prevents any rebellions
               | below a certain size - the vast majority of Realtors(r)
               | make no money, and losing MLS access is not an option. In
               | order to create your own MLS, you'd have to pull an Aaron
               | Swartz and get away with it before being cut off (which
               | is probably the main reason why MLSes are a federation
               | rather than a single system), or slightly more
               | realistically get a bunch of no-money making Realtors(r)
               | on your side and pull an Alexandra Elbakyan with their
               | credentials. The problem with the latter would be that
               | the listings turn over a lot more often than scholarly
               | papers, and you'd have to deal with de-listing.
        
         | mhuffman wrote:
         | Yeah, I don't know if you have been watching Disney's moves for
         | the last few decades, but we have been at that place for a
         | while now!
        
         | ta988 wrote:
         | And patents do the same. Especially software patents. As we are
         | producing faster we should also reduce drastically the lifetime
         | and coverage of copyrights and patents.
        
           | varispeed wrote:
           | If only patents covered genuine inventions. If you look at
           | what's getting approved these days, I don't think anyone
           | competent is working in the patent office.
        
           | breck wrote:
           | > we should also reduce drastically the lifetime and coverage
           | of copyrights and patents.
           | 
           | Agreed. And when you do the math you realize the ideal length
           | === 0.
        
             | Judgmentality wrote:
             | > And when you do the math you realize the ideal length ===
             | 0.
             | 
             | Do you honestly believe this? I agree the patent system is
             | broken, but I'm not convinced we should completely abolish
             | it. I am speaking broadly though and not just for software.
             | For software I could see patents as long as a few years
             | making sense, and shorter would be fine. 18 months seems
             | about right as a benchmark to me.
             | 
             | A much simpler solution to the patent system is you have to
             | pay exponentially more to keep it as time goes on. This
             | would also solve copyright issues, specifically for Disney
             | and other megacorporations.
             | 
             | I realize there is no magic bullet to this, but I actually
             | think the patent system has merit and is worth fixing
             | rather than demolishing.
        
               | breck wrote:
               | > Do you honestly believe this?
               | 
               | There's nothing I honestly believe in more.
               | 
               | #ImaginaryPropertyLaws are a *total* sham. The dramatic
               | expansions [0] in 1976 and 1998 have proven it beyond a
               | reasonable doubt with nothing to show for it except
               | massively increasing inequality [a].
               | 
               | The news? Hasn't improved at all, arguably gotten worse.
               | Pick up a NYTimes from 1871 and compare it to one from
               | today [1]. Today's have color photos, other than that,
               | worse compared to 150 years ago.
               | 
               | Scientific papers? Terrible. Look at the reproducibility
               | crisis. Now Elsevier and Wiley and American Chemical
               | Society are suing India to prevent poor kids from
               | accessing SciHub. [2]
               | 
               | Medicine? Watson, Crick and Franklin did their famous
               | work in 1953. The healthspan in the USA is *decreasing*
               | [3]. That opioid crisis? Ultimately attributable to USPTO
               | [4]. War on cancer? Started in 1970 and we've gotten our
               | *ass kicked* [5]. The only positive developments have
               | been the massive grunt work public domain research
               | projects funded by US and global taxpayers.
               | 
               | Space travel and electric cars? Completely f _cking
               | plateaud until Elon Musk came out and said f_ ck patents
               | and kicked everyone's ass [6].
               | 
               | How about computing? Absolutely dominated by TCP/IP, the
               | web, Linux, Git; all public domain or libre software.
               | 
               | [0] https://en.wikipedia.org/wiki/Copyright_Term_Extensio
               | n_Act
               | 
               | [a] https://cdn.vox-
               | cdn.com/thumbor/dgJmaIkwy4Xb9CACHYp_J4j18TI=...
               | 
               | [1] https://www.amazon.com/York-Times-Complete-Front-
               | Pages/dp/07...
               | 
               | [2] https://torrentfreak.com/sci-hub-libgen-face-isp-
               | blocking-in...
               | 
               | [3] https://apps.who.int/gho/data/view.main.HALEXv
               | 
               | [4] https://longbets.org/855/
               | 
               | [5] https://www.cancer.gov/about-
               | nci/overview/history/national-c...
               | 
               | [6] https://www.techdirt.com/articles/20150217/0618293005
               | 2/elon-...
        
               | musingsole wrote:
               | I'm very exhausted with trying to treat ideas as
               | property. I'll accept it got us here and appreciate it
               | for that, but it's a broken model that requires massive
               | orchestration to keep in reality. I want something
               | different (and better...though that's the hard part).
        
       | dan-robertson wrote:
       | It seems to happen quite often that online communities spring up
       | when one person happens to start a forum or wiki (and/or write a
       | custom website) around their hobby. Usually it becomes popular by
       | being first/better/through random chance. But then these online
       | communities grow while the site is still owned and run by whoever
       | founded it and it seems not great to have basically a random
       | unelected dictator running it. There can be other problems too,
       | e.g. popular websites can be expensive to run, especially if you
       | have a lot of images.
       | 
       | It often seems to play out in one of a few ways:
       | 
       | - the owner continues running the site benevolently and never
       | gets bored or dies. Maybe the site runs ads or has a donate
       | button for funding the site.
       | 
       | - some company offers the owner a large amount of money for the
       | site. The owner is happy to get paid and not need to manage the
       | site anymore. The company will try to extract that money out of
       | the community through unpleasant commercialisation while not
       | caring much about the community itself. Likely includes a
       | redesign and potentially deleting a load of old content because
       | it doesn't fit the new database schema. Needless to say the
       | original community might not like this but the owning company
       | will probably be trying to bring in more new visitors and won't
       | care.
       | 
       | - some very relevant company buys the site. E.g. a car
       | manufacturer buying a forum of owners of their cars. This is
       | similar to the above but the company will likely care more about
       | the community and less about monetisation. However moderation may
       | change and posts critical of the new owners may mysteriously
       | disappear.
       | 
       | - some similar company (eg a magazine about the same topic) buys
       | the community. This would probably be somewhere between the two
       | above. The magazine wants to turn a profit but they hopefully
       | care about the community too.
       | 
       | - some company or charity already representing some of the
       | community acquires the site. For example in this case it could be
       | a big national climbing or mountaineering club. How well this
       | goes probably depends a lot on the company. E.g. if they are also
       | selling guidebooks, they might not like it if the community risks
       | reducing their sales. If the club just run eg huts or offer a
       | life insurance policy or safety training or instructor
       | certification it might be different. And maybe the club will care
       | about their own members more than the acquired community.
       | 
       | - the owner helps set up some small foundation to control the
       | site. This feels like it could go well and likely to have the
       | interests of the site aligned with those of its users. But
       | funding the site could still be a challenge. And the board in
       | control is likely to be made up of the kind of people who want
       | positions on boards, which might not lead to the best results.
       | Perhaps one model of funding involves having relevant companies
       | (eg gear manufacturers who want to encourage people to go
       | climbing and therefore want to buy gear) pay to sponsor the site
       | and in return get someone to sit on the board though this feels
       | like it has some risks too.
       | 
       | I quite like the last (and first) option but it doesn't seem like
       | a natural path from starting a site to setting up a foundation
       | whereas it seems quite easy to accept an offer from some company
       | who want to buy your website.
        
       | bilalq wrote:
       | Woah, MountainProject is a owned by REI. I wouldn't have expected
       | this from them.
        
         | scrose wrote:
         | I was just skimming through things, but it looks like MP and
         | REI might have parted ways last year:
         | https://rockandice.com/climbing-news/mountain-project-and-re...
        
         | wtallis wrote:
         | Mountain Project's About page includes this bit:
         | 
         | > In 2015, REI acquired Mountain Project to solidify the future
         | of this amazing resource for the climbing community. Every line
         | of code was redone from ground zero and traffic skyrocketed. In
         | 2020, REI returned Mountain Project to its founders.
         | 
         | And the site footer links to Adventure Projects, Inc. It looks
         | like REI hasn't been involved since May 2020, and Adventure
         | Projects was acquired by onX in December 2020.
        
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       (page generated 2021-03-28 23:02 UTC)