News for hackers. Stuff that matters.
Re:Twitter and Facebook's action over Joe Biden article reig... by sangnoir on Thursday October 15, 2020 @03:10PM (#24792544)
> The data is theirs to do with as they please. No hacking necessary.

I'd love to see the jurisprudence on this. If there are any photos, do they also get the copyrights? Can they share any nudes they find? How about that Adobe license?

As a non-lawyer, it is clear that owning the medium doesn't mean you own the information on it (or the cloud wouldn't be a thing). If we agree on that, then logically, it is possible to exfiltrate information that does not belong to you without authorization, which I think can be called "hacking".

Re:Twitter and Facebook's action over Joe Biden article reig... by ummonk on Thursday October 15, 2020 @04:23PM (#24793375)
The nudes isn't even hypothetical - reportedly the data included intimate videos.
Re:Twitter and Facebook's action over Joe Biden article reig... by om2 on Thursday October 15, 2020 @09:18PM (#24796383)
Copyright violation is not hacking.
Re:Twitter and Facebook's action over Joe Biden article reig... by sangnoir on Thursday October 15, 2020 @10:17PM (#24796738)
I made no such argument - I was establishing rules around ownership of information when the medium belongs to someone else, seeing that you cannot hack your own information (gp's argument)
Re:Twitter and Facebook's action over Joe Biden article reig... by boogies on Thursday October 15, 2020 @08:58PM (#24796244)
So is all piracy hacking?
Re:Twitter and Facebook's action over Joe Biden article reig... by throwawaygh on Thursday October 15, 2020 @08:59PM (#24796263)
S/hacking/violation of CFAA or similar state statute. Hacking is often used as a shortcut for “computer crime”.
Re:Twitter and Facebook's action over Joe Biden article reig... by Thorrez on Friday October 16, 2020 @03:17AM (#24798398)
Should Twitter ban all copyright-infringing images by saying they violate a rule against "hacking"? Almost all memes are copyright-infringing.
Re:Twitter and Facebook's action over Joe Biden article reig... by throwawaygh on Friday October 16, 2020 @06:01PM (#24805470)
...no? I was just clarifying what was meant by hacking.
Re:Twitter and Facebook's action over Joe Biden article reig... by Thorrez on Friday October 16, 2020 @11:33PM (#24807270)
I was more asking about what Twitter's view is. If they consider copyright violation to be hacking, and they have a rule against hacking, do they ban all copyright violation with that rule.

Considering copyright violation to be hacking seems pretty out there to me, and I haven't seen clear evidence that Twitter actually holds that point of view.

Re:Twitter and Facebook's action over Joe Biden article reig... by CivBase on Thursday October 15, 2020 @03:17PM (#24792630)
Ownership of data is not the same as ownership of publication rights. However, the pictures and emails in question were clearly not copyrighted or licensed.

If transferring ownership of a physical data storage device does not constitute transferring ownership of the data stored therein, then I don't know what does.

When it comes to the cloud, that sounds more to me like leasing storage rights, but I'm no lawyer.

Re:Twitter and Facebook's action over Joe Biden article reig... by nkurz on Thursday October 15, 2020 @03:24PM (#24792711)
However, the pictures and emails in question were clearly not copyrighted or licensed.

I think you misunderstand US copyright law. With few exceptions, almost all pictures and emails are copyright by whoever took the picture or wrote the email. Is there some reason that these would not qualify?

Re:Twitter and Facebook's action over Joe Biden article reig... by panny on Thursday October 15, 2020 @11:25PM (#24797137)
>Is there some reason that these would not qualify?

I believe excerpts of pictures or emails taken for news reporting qualifies as fair use. It's not like they showed the whole picture, they just cropped his face with the crack pipe in his mouth. Likewise, the full emails where they discuss illegally peddling influence and pay for play with all the headers wasn't published. Just select emails with enough metadata to give context.

Copyright doesn't supersede the first amendment right of free press. At worst, the NYPost is on the hook for $150,000 per violation. They can probably make that much and then some on the scoop. It may be worth it to them, even if they lose on a fair use argument. It's a huge scoop in October of an election year.

Re:Twitter and Facebook's action over Joe Biden article reig... by nkurz on Friday October 16, 2020 @07:35AM (#24799736)
All true, in my not-a-lawyer opinion. The important addition is that "fair use" is a defense that allows the use of copyrighted material in certain circumstances. Like a book review that includes an excerpt from a novel, the underlying material is still protected by copyright. It doesn't mean the material is "not copyrighted"---the whole reason fair use applies is because it is protected by copyright. Practically all emails and photos that contain any element of originality are protected by copyright.
Re:Twitter and Facebook's action over Joe Biden article reig... by CivBase on Thursday October 15, 2020 @03:34PM (#24792816)
> I think you misunderstand US copyright law.

I probably do. This is the first I've heard of that.

Regardless, the NY Post article in question did not publish any of the pictures and I doubt the same copyright law applies to emails.

Re:Twitter and Facebook's action over Joe Biden article reig... by philipkglass on Thursday October 15, 2020 @03:51PM (#24793003)
It looks like copyright does apply to the vast majority of emails based on the text of applicable laws.

"Northeastern University Law Review: Do Not Forward: Why Passing Along an Email May Constitute Copyright Infringement"

http://nulawreview.org/extralegalrecent/do-not-forward-why-p...

However, the issue has not been well tested in courts. The piece ends by saying "Congress should act to clarify whether and when forwarding an email infringes the author’s reproduction right in the work."

Re:Twitter and Facebook's action over Joe Biden article reig... by mrkstu on Thursday October 15, 2020 @04:09PM (#24793216)
Since when has any news outlet considered copyright when publishing information of public interest? That is core fair use.
Re:Twitter and Facebook's action over Joe Biden article reig... by leereeves on Thursday October 15, 2020 @04:09PM (#24793221)
If copyright applied in cases like this, any politician who said or wrote something embarrassing could block reporting it.
Re:Twitter and Facebook's action over Joe Biden article reig... by philipkglass on Thursday October 15, 2020 @04:21PM (#24793356)
Usually the embarrassing information is published before the embarrassed party is aware that their dirty laundry is about to go public. Once the information is out there, a copyright infringement suit is usually an irrelevant or losing move for managing the politician's image. I would rate this story worse for Biden if he filed a copyright infringement suit against the computer repair guy or the Post, for example. Using copyright could prevail legally yet lose in the more politically important court of public opinion.
Re:Twitter and Facebook's action over Joe Biden article reig... by zaroth on Thursday October 15, 2020 @06:17PM (#24794840)
US news publishers are not prohibited from publishing copyrighted information for the purpose of making the news. That’s part of the First Amendment.

Whether the repair shop owner had copyright to the content is totally irrelevant. He had legal possession of the drive, and handed it to a journalist who found something newsworthy on it.

Almost every single major story every told in modern history will contain essentially the same type of information transfer, and it is not illegal for the journalist to use this information or publish it if it’s newsworthy.

Sometimes a source can go to jail for sharing the information. But almost certainly that won’t happen in this case, because there is no evidence that the repair shop owner did anything wrong. In fact, he was the one who called the FBI!

Re:Twitter and Facebook's action over Joe Biden article reig... by nobody9999 on Thursday October 15, 2020 @09:08PM (#24796314)
>Whether the repair shop owner had copyright to the content is totally irrelevant. He had legal possession of the drive, and handed it to a journalist who found something newsworthy on it.

No. He handed it to a lawyer working for the President of the US' personal lawyer (Rudy Guiliani), not a journalist. Guiliani handed it to the NY Post and then worked with them.