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8-9-2007 9:20 AM
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8-9-2007 1:57 PM
egoldstein
Gotta love freedom of speech hard at work!
8-9-2007 2:00 PM
ratilfar
It will get worse if the big telecom companies get their way, especially now that their working hand-in-glove with the Spy-in-Chief.
8-9-2007 3:51 PM
n2sooners
Looks to me like AT&T was just controlling the content of their clip.
8-9-2007 4:06 PM
willhelm
That's good N2sooners. However, there is a slight difference here. No one prevented ,or is preventing , Pearl Jam to say anything they want. The were allowed to say what they wanted and AT&T was able to clip what they wanted.

EG's comment is bewildering.
8-9-2007 5:04 PM
ratilfar
Ah...nope. They probably contracted with AT&T to transmit the message, unedited. Not the same and you two know it. They knew the artist they where hiring and the content, if they wanted something else they should have hired somebody else. Its the consumer who gets the short end of the stick, and that makes no sense to me.
8-10-2007 8:19 AM
HockeySkates1129
Interesting comments...I think the situation is interesting as a whole. AT&T can claim it was an accident and no one can ever dispute it otherwise without real hard facts. It is a slippery slope when content providers have that much control and I think that is what worries everyone...except @Willhelm .

I do think this is an interesting test on what would happen if we had a tiered internet though...
8-10-2007 9:50 AM
willhelm
It is a slippery slope when content providers have that much control
and I think that is what worries everyone...except @Willhelm
That is a pitiful and uninformed comment. You should read this clip and comments. The fact is the Left do not give a crap about free speech unless theirs is infringed upon.
8-10-2007 10:15 AM
HockeySkates1129
That was a tongue in cheek comment about your comment. How is this an uninformed comment? When you give anyone control over content and the delivery of that content it becomes a question of how much power they can exert over that information according to their whims.

If you are calling me the "Left" that would truly be uninformed!
8-10-2007 10:52 AM
willhelm
I obviously did not call you Left . Nothing in my comment implies "you". My point is no one infringed on the Bands right to say whatever they wanted. They were not muzzeled. They were not arrested. They were not interrupted. They were not fined. AT&T owned the content. They can do with it what they want.

You should read the thread I linked and see real censorship and suppression of free speech in action. Clippers can make content public and control who comments on it. This IS censorship. The Left and Leftist CM team endorses this. That is why EG's comment is hysterically funny to me.
8-10-2007 2:04 PM
ratilfar
You personal sense of persecution aside Willy, it is censorship the way it alters the experience of the content. People who watched the clip believed that they where getting the real deal but they where not. What is the point of making a statement if it is not broadcast accurately? Regardless of political affiliation. I don't care much for what many talk-hate radio-heads spew every day, but I would not censor them, I would (and have) pointed out their bile and try to make people aware (including advertisers) of what they are supporting.


If AT&T did not want this, they should have canceled or should have hired another artist. I am sure that Pearl Jam leaned their lesson and will never contract with them again.
8-10-2007 3:23 PM
enbar
To me, it's a question of power and of scale. willhelm and n2sooners, if you're trying to make a comparison between AT&T blocking the transmission of a highly public and potentially highly controversial political statement to millions of people, on the one hand, and a single clipper on Clipmarks preventing one other clipper on Clipmarks from leaving a comment on his clip ... well, there are similarities, but frankly I'm not convinced.

Does AT&T have the legal right to do what it did? Probably. Am I happy about it? Not particularly. Keep in mind: AT&T has enormous influence and power over the flow of information in this country. As a corporation, it gives tremendous campaign contrib...
8-10-2007 3:23 PM
enbar
@willhelm ... to put it another way: If you think that when Cat Whisperer blocks your comments that his social, economic, and political power is comparable to AT&T's and that your complaint is on the level of Pearl Jam's (and their audience), then you're, ahem, not living in the same reality as me.
8-10-2007 3:33 PM
enbar
Okay, I'm going to stop after this ... but one more thing: users of Clipmarks should understand, when they read a clip and the associated comments, that Clipmarks site policy gives the clip-creator some editorial control over what gets posted in the comments, like it or not. That's not an ideological slant. It's just a moderation policy. If you are bothered by that and don't want to take the trouble to start your own clip to post your views, then I suppose you'll have to go elsewhere. If you think that's inherently leftist, then you're objecting not to the moderation policy itself but rather to the fact that you think there are more left-leaning users than right-leaning users on the site. If...
8-10-2007 3:35 PM
willhelm
Well Enbar, it seems to me you are making distinctions in terms of power and not in terms of the concept of censorship. I had a feeling this is where you would come down. That is why I asked.
Censorship is not an issue of right and with you. It is an issue of ownership, unless the owner is powerful.

See, this is the point I think many have tried to make. Once you go down this road of censoring political, cultural, and societal speech, it stops being about a rational argument and more about a subjective opinion.

You and I both want to hold those is power to the same laws the rest of us have to abide by. Yet , when the roles are reversed, it is not the case.
8-10-2007 4:15 PM
HockeySkates1129
seeing this taking on a life of its own, power to the people. One question for you all in terms of Clipmarks tool and other tools - is a bloggers right to control (via screening, deleting, closing) comments a form of censorship?

And @Wilhelm I would argue that in your argument that if AT&T owns the content and are free to do what they wish, then Clippers/Bloggers and the like "own" their content(clips/posts etc.) to the extent that it resides on "their" page(s) and they can control their page/profile and therefore would not be practicing censorship.

8-10-2007 4:42 PM
willhelm
is a bloggers right to control (via screening, deleting, closing) comments a form of censorship?
Of course it is! Do you need a dictionary?

And @Wilhelm I would argue that in your argument that if AT&T owns
the content and are free to do what they wish, then Clippers/Bloggers
and the like "own" their content(clips/posts etc.) to the extent that
it resides on "their" page(s) and they can control their page/profile
and therefore would not be practicing censorship.
Well, If you had read the thread I linked you might discover that I thought Enbar's case was convincing and I am not in complete disagreement with that assessment. However, it does not change the de...
8-10-2007 6:22 PM
enbar
willhelm, if you actually believe that all the arguments I've been making up to now boil down to (1) "it's a subjective preference," and (2) "I only believe in freedom of speech for the left," then either you haven't been reading my comments very carefully, you haven't understood them, or you're willfully misrepresenting what I said.
8-10-2007 9:04 PM
willhelm
No. I stated that once you begin to qualify certain aspects of censorship, it opens a can of subjective worms. Just like it has in this case. You argued for clip ownership and now you are arguing against AT&Ts content ownership. It seems to me you are splitting hairs. That's all.

8-10-2007 9:06 PM
willhelm
Especially when the case is stronger for AT&Ts ownership, than it is for a clippers ownership.
8-10-2007 9:14 PM
enbar
I'm not splitting hairs. I'm saying you have to think about the consequences. Consequences for "censorship" on Clipmarks, fully disclosed in site management policies: basically zero. Consequences for "censorship" by AT&T of a major public cultural event, not disclosed anywhere: a little bigger (still not exactly earth-shattering, though).
8-10-2007 10:35 PM
HockeySkates1129
@Enbar has the right path I was trying to go down...someone who owns content like a blogger who is publicly displaying his own views is given more leeway to control what is said on his site (as well as clippers) and is less censorship than "managing" the type of content he wishes to have on his site. AT&T as a entity given the rights (and trust of the public) to publish content from a public source was "expected" to give their audience the same content that was provided at the live show and not cut unless explicitly stated. I guess I keep coming back to the same thing Enbar is saying that impact and public expectations weigh much more in how censorship is practiced and accepted. I would a...
8-10-2007 10:55 PM
n2sooners
someone who owns content like a blogger who is publicly displaying his own views is given more leeway to control what is said on his site (as well as clippers)
In very few instances do clippers own the content they clip. So that means they are controlling comments on content which they don't own but simply shared.
8-10-2007 11:08 PM
HockeySkates1129
No, but they are owners of their profile pages, and, as much content owners as a blogger who comments/posts about a story published elsewhere.
8-11-2007 12:32 AM
willhelm
Yes, It appears this is getting ridiculous. Clearly those on the Left support censorship on their terms and do not support it on their terms. It is all subjective. I was beginning to come around to Enbar's side. But, his argument falls apart here. I sympathise with ownership. ATT clearly has ownership. There is no doubt.
The fact Enbar would say ATT's rights are less than the rights of a clipper that does not technically own the content is the wind the knocks down his house of cards. Now, "consequences" are a factor in determining the appropriateness of censorship? I'm not buying it.
8-11-2007 12:43 AM
enbar
willhelm, willhelm, willhelm... not exactly a subtle thinker, are you. I never suggested legal ownership was the issue here. I put the word "ownership" in quotes because that was the best metaphor I could come up with for the relationship that the Clipmarks site administrators seemed to be establishing between a clipper (i.e., someone who posts and/or creates content on the site) and the clips they create, in terms of moral rights. Of course the clipper has no legal claims of owning the content they clip, and you'd have to read pretty simple-mindedly to think that was the point here.

Let me put it in real simple terms. One: why would anyone in the world give a good goddamn whether you, wil...
8-11-2007 12:54 AM
willhelm
One: why would anyone in the world give a good goddamn whether you,
willhelm, can post a comment on Cat Whisperer's clips? Two: why would
anyone in the world give a good goddamn whether AT&T gets to decide
which of Pearl Jam's lyrics gets broadcast? If you think the answers to
both of those questions are the same, then good for you.
That is for the "anyone" to decide, not a censor, unless somone has ownership and legal rights of a particular content. Sorry about my simplemindness and lack of subtle thinking. I suspect my original instincts are right on this.
As for Clipmarks. The CM team certainly has the right to block, dismiss, edit, or remove any clip, clipper, or comment. The same wat ATT did.
8-11-2007 1:01 AM
enbar
So you're saying that you think it's exactly the same principle at work, and exactly the same moral issues are at stake, when the Cat Whisperer prevents you from leaving a comment on one of his clips, and when AT&T prevents a good-sized chunk of the American public from hearing criticism of the government? Am I understanding correctly that this is what you believe? That's a simple yes-or-no question.
8-11-2007 1:04 AM
willhelm
yes
8-11-2007 1:06 AM
willhelm
Back up, NO. I actully agree with your concept as it relates to ATT and CM team, not an individual contriobutor posting content they do not own.
8-11-2007 1:21 AM
The REAL Napster
This issue is not new, it has happened many times before on National televison. There censors in place there, supposedly for a good reason. When Janet Jackson had her 'costume mishap' at the superbowl it was quickly censored. When actors or musicians yell out quick political messages at the MTV music awards or the oscars it is generally frowned upon, and or censored.
Actors and musicians *think* they are politicans, but in reality are not (unless we have some senators or congressmen/ women in a band, they are not).

Do actors and musicians have vast influence over the general public? Sadly, yes. Are they duly elected representatives of the U.S. government? Only one that I know of an...
8-11-2007 1:24 AM
willhelm
Napster, Thanks for your insights. Your consistency on this issue stands in stark contrast to Enbar's.
8-11-2007 1:38 AM
willhelm
“If all mankind minus one were of one opinion, and only one person were of the contrary opinion, mankind would be no more justified in silencing that one person, than he, if he had the power, would be justified in silencing mankind.”— John Stuart Mill, On Liberty

“He that would make his own liberty secure, must guard even his enemy from opposition: for if he violates this duty he establishes a precedent that will reach to himself. ”— Thomas Paine, Dissertation On First Principles Of Government
8-11-2007 2:12 AM
enbar
Exactly how, willhelm, am I being inconsistent?
8-11-2007 2:43 AM
skwirlinator
I own some Perl Jam CDs and I don't really care about this and I like their music.
8-11-2007 3:00 AM
willhelm
Enbar, you are all over the place. You have qualifications for this and that, You talk about moral ownership " for lack of a better word". You put qualifications on various situations, you ignore the definition of censorship and refuse to call it what it is in the case of clippers blocking comments, you differentiate between the micro and the macro in way that I see is disingenous, it appears your subjective sympathies for the comment have come in to play, you've made distinctions in "regard to power and scale" and now "consequences" of the potential censorship are a factor.

It appears to me Napster, has remained consistent and answered all objections without equivocation, qualification, or...
8-11-2007 10:37 AM
enbar
Oh for crying out loud, willhelm, I give up. Uncle. If your definition of clarity and consistency means saying "X is right and Y is wrong, X is censorship or it is not" and nothing else, then, you're right, no, I suppose i haven't been clear and consistent. Once more, quickly, from the top.
  • Let's drop the accusations of "censorship." No one's getting muzzled or jailed here. I'd argue that there's no censorship involved in either case.
  • If we seek to evaluate particular decisions and policies as good or bad, then I think we ought to consider first and foremost the consequences (i.e., social benefits and harms) that those decisions and policies bring about.

There. That's ...
8-11-2007 10:38 AM
enbar
Typo: I meant to say "That's not how I think," rather than "That's not now I think."
10-7-2007 8:44 PM
davboz
They probably
Heck! Close enough! They DID.
12-10-2007 2:58 AM
kushikushun
Great discussion people!
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