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Alyssa

The Lawsuit That Could Change Video Embedding As We Know It

Over at Ars Technica, Tim Lee brings news of a disturbing lawsuit, now supported by the Motion Picture Association of America, that could set a legal precedent that embedding copyright video, rather than hosting it, counts as copyright infringement:

“Although there is nothing inherently insidious about embedded links, this technique is very commonly used to operate infringing internet video sites,” the organization writes. “Pirate sites can offer extensive libraries of popular copyrighted content without any hosting costs to store content, bandwidth costs to deliver the content, and of course licensing costs to legitimately acquire the content.” The MPAA also notes that embedding can enable sites to monetize infringing content by surrounding it with ads…

Numerous websites embed content from third parties they have not personally inspected. Under the theory articulated by Grady, and supported by the MPAA, these websites would be responsible for this content, exactly as if they had stored it on their own servers. This could create a serious disincentive for sites to allow users to post embedded content, hampering the convenience and user-friendliness of the Web

I, and the rest of my colleagues at ThinkProgress (not to mention our peers elsewhere on the internet), would have to dramatically reassess the way we do business, were this precedent to become law. Embedding is an elegant tool for journalists, and a great convenience for readers. It lets us write posts and stories that have a neat flow to them, framing a piece of content, letting the reader consume that content, and then move on to our analysis all without forcing them to click away, perhaps never to return. Sure, it keeps people on our site and lets us make money, but it’s also a convenience for the reader that provides a coherent consumption experience.

If this legal precedent is established, it would create a hugely complex situation. There’s a lot of content that the copyright holders would like to see widely embedded and distributed, whether it’s move trailers, music videos, campaign ads that no one actually intends to spend money to air but they would like to be seen, speeches, etc. That desire isn’t going to disappear if a new legal regime governing embeds comes in place. And that creates a terrific problem for both people who want their content embedded and those of us who need to embed a wide variety of content to do our jobs. Given the huge amount of content out there, and the large number of vectors through which it’s made available, it’ll be extremely difficult to comply with a new regime if there’s no clear way to tell if the content’s licit or not. And without that clarity, media outlets might be less willing to distribute even licit content if they can’t clearly document its provenance. That skittishness could prevent transmedia campaigns like the Peter Weyland TED Talk that’s being used to promote Ridley Scott’s Prometheus, where video is meant to appear sui generis rather than clearly coming from a studio, from taking off, which would be a loss both for the content producers themselves, and for the people who would enjoy that content if it was distributed to them.

Given the fuzzy, burdensome precedent this lawsuit could set, I’d like to see the clear numbers that explain why the potential use of embedding for intentional copyright violation is so harmful that it justifies upending the legitimate use of embedding for the rest of us.

NEWS FLASH

U.S. Presses First-Ever Charges Under LGBT Hate Crimes Law | For the first time in history, the United States government has issued an indictment in a case that involves a hate crime based on the victim’s sexual orientation. Defendants David Jason Jenkins and Anthony Ray Jenkins of Kentucky allegedly kidnapped Kevin Pennington, took him into a secluded part of a state park, and beaten until he was nearly dead. The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act was signed into law on October 28, 2009, but this is its first application.

Anchorage Rejects Voter Fraud Investigation While Conservatives Claim ‘Natural Family’ Victory

Lennie Moren (left) & Jane A. Darden protesting disenfranchisement at the Anchorage Assembly (via Bent Alaska).

Last week’s election in Anchorage, Alaska was rife with controversy and confusion that continues to play out. At stake was Proposition 5, which would have created non-discrimination protections for the LGBT community. The measure seemingly failed, but opponents of the measure had spread false information about voter registration, many ballots are in question, and many polling stations had to turn voters away because they ran out of ballots. Last night, the Anchorage Assembly rejected a resolution to investigate the election with a 7-4 vote, but some members expressed interest in a re-vote once more information is collected.

Meanwhile, conservatives are boasting the apparent victory after running incredibly offensive anti-trans ads against the measure. The American Family Association highlighted fellow hate group leader Mat Staver of the Liberty Counsel using the “stunning defeat” to play into the National Organization for Marriage’s race-baiting tactics:

STAVER: This was a stunning defeat, because the homosexual agenda organizations thought that they were going to have this as an agenda that would just simply roll through Anchorage, perhaps through Alaska, and then push this across the country. They were stopped dead in their tracks. This is a great celebration for the family. It’s a great victory for those of us who believe that we should not elevate sexual behavior to a protected status like race.

Staver also claimed that Anchorage proved Americans “still stand strong to protect the natural family.” This blatant attack on the families of same-sex couples is not only offensive, but irrelevant, considering Proposition 5 had nothing to do with legal recognition for same-sex relationships.

Anchorage makes a compelling example for how the rhetoric in national politics can play a big part in local issues. Because of the animus and dirty tactics utilized by conservatives, Anchorage’s LGBT community continues to be treated like second-class citizens.

Alyssa

‘Bully’ Opens The Conversation For A New Revolution In Our Schools And Communities

Go see the film Bully. All of the controversy about its MPAA rating was warranted, because it presents a powerful glimpse into the painful realities young people face in schools across the country. It’s a documentary that everybody needs to see, because we are long overdue for a serious conversation about bullying.

“‘Kids will be kids,’ ‘boys will be boys,’ ‘bullying is a rite of passage’ — these are myths.” Both AFT President Randi Weingarten and NEA President Dennis Van Roekel emphasized this point repeatedly in the panel discussion after Tuesday night’s screening. And it’s true: young people are demeaning, harassing, sexually harassing, and assaulting their peers on a daily basis and there is no excuse for it. Bully‘s most important take-away is surely the brutal wake-up call for just how bad things have gotten: it’s impossible to watch 12-year-old Alex get cursed, beaten, and strangled — and take it — without your heart absolutely breaking for him. Add to that the complete lack of accountability for school administrators to intervene (and the negligence they demonstrate as a result) and you leave the film with a sense of anger and alarm that bullying was ever treated like it wasn’t a big deal.

One concern that has been raised is the film’s portrayal of suicide through the lens of two families who recently lost their sons. Emily Bazelon suggests that the lack of context about Tyler Long’s mental health is conspicuous and misleadingly implies that bullying was the only factor that led to his suicide. This apparent misrepresentation is disconcerting, and Bazelon is right that mental health concerns should always be included in conversations about suicide. Still, she neglected to mention that when Tyler’s parents hosted a town hall about bullying after his death, no school administrators could be bothered to show up. This isn’t a film about suicide — it’s a film about how little we are doing to protect kids from peer abuse. Clearly this was a school that did not see bullying as a problem but that had a lot of parents and students who did. The Long family felt that bullying had significantly impacted Tyler’s life and sought to rectify that lack of accountability to protect other children, and none of the additional context of his story takes away from that reality.

So ultimately, I don’t feel like this discrepancy takes away from the film in the same way Bazelon does. Yes, suicide contagion is a real concern, particularly if suicide is portrayed as a direct or inevitable result of bullying, a point I’m not going to debate. But conservatives who wish to maintain anti-gay climates in schools also emphasize this point to downplay the impact of bullying, so it shouldn’t be treated as an either/or question. Two years ago, a 14-year-old boy named Brandon Bitner committed suicide two towns away from where I grew up in rural central Pennsylvania. He had been bullied for his perceived sexual orientation, but at his funeral, the eulogizing religious leader absolved the community of any accountability for how Brandon was treated, choosing to blame only his depression. The way I felt on that day is the same way I felt leaving Bully — not that bullying causes suicide, but that given bullying can be a trigger for a young person to take his own life, it shouldn’t take such a death for a community to address the problem.

In this way, Bully is a call to action, busting down a closet door of apathy about an issue that intersects all of our lives. There is much we still need to learn about the impact and extent of bullying, but we now have an incredible launching point for the revolution our schools deserve.

NEWS FLASH

Republican National Committee Defends Rosen From Attack | Republican National Committee Communications Director Sean Spicer has rebuked the Catholic League for suggesting that Democratic strategist and CAP Action board member Hilary Rosen is not fit to adopt children in part because she’s a lesbian. Spicer tweeted, “The @catholicleague should be encouraging adoption, not demeaning the parents who are blessed to raise these children.” It’s refreshing to hear prominent Republican voices defending gays and lesbians for raising children, but it doesn’t change the fact that Mitt Romney, the party’s presumptive presidential nominee, still opposes same-sex adoption.

Update

Spicer is already walking back his comments, trying to clarify that he did not support same-sex adoption:

@drdigipol: Love it. RNC’s @SeanSpicer endorses #LGBT cple adoption in@HilaryR v Ann Romney debate. http://bit.ly/HM0eT6http://bit.ly/Ibup1H #p2 #tcot

@seanspicerthat is not what i said RT @drdigipol: Love it. RNC’s @SeanSpicer

White House Bombarded With Questions About Why Obama Punted On Issuing Anti-Discrimination Order

White House spokesperson Jay Carney sought to explain the administration’s decision to punt on issuing an executive order that would have prohibited discrimination on the basis of sexual orientation and gender identity in federal contracting. Responding to multiple questions from NBC News, Washington Blade, and Metro Weekly, Carney engaged in an eight minute back-and-forth with reporters and insisted that Obama had decided against issuing the protections so he could turn his attention to building support for the more-comprehensive Employment Nondiscrimination Act (ENDA), which would prohibit all employers from discriminating against gay, lesbian, bisexual, and transgender employees.

Carney insisted that the administration’s legislative approach is similar to its strategy in passing the repeal of Don’t Ask, Don’t Tell:

Q: Can you make the distinction between ENDA and signing this executive order? In other words, if he does support ENDA, why not sign this executive order which relates to a smaller part of the population to get that policy started?

CARNEY: I think the DADT repeal is instructive here in terms of the approach that we’re taking at this time…We’re deeply committed to working with partners in the LGBT community on a number of fronts to build the case for employment nondiscrimination policies. [...]

Q: Is this a political calculation?

CARNEY: Absolutely not, the president is committed to securing equal rights for LGBT Americans, and that is why he has long supported ENDA….The approach we’re taking at this time is try to build support for passage of this legislation, a comprehensive approach, to legislate on the issue of non-discrimination.

Watch it:

Gay advocacy groups were disappointed with the administration’s decision, particularly since the order had already been approved by the Departments of Labor and Justice and would have expanded employment protections for up to 16 million Americans.

Several activists who attended a meeting at the White House yesterday to discuss the matter told the Wall Street Journal they “left with the impression that the administration is wary of imposing additional requirements on businesses ahead of the election, not that it worries about taking a stand against employment discrimination.” “They want zero new obligations on business before Election Day,” said one gay-rights activist. “This is an artful way of kicking the can down the sidewalk.”

Obama’s decision was also condemned by Sen. Jeff Merkley (D-OR), who issued a statement expressing his disappointment. “I appreciate the President’s support for ENDA and will keep pushing for legislative action. However, an executive order would be a very constructive step forward and help build momentum to pass the bill,” he said. “It’s disappointing that the White House is passing on an opportunity to make immediate gains for equal opportunity in America.”

Conservatives Attack Hilary Rosen For Raising Children As A Lesbian

Hilary Rosen with her former partner Elizabeth Birch and kids Jacob and Anna.

No one is arguing that raising children isn’t work. Democratic strategist and CAP Action board member Hilary Rosen is a single mother of twins who had to go through the expensive and challenging process of adoption with her then partner Elizabeth Birch. Now, she’s trying to stick up for other mothers who don’t have the luxury of millionaire husbands to help fund their child-rearing duties, and the backlash is getting ugly. Catholic League president Bill Donohue attacked her family on Twitter this morning:

@CatholicLeague: Lesbian Dem Hilary Rosen tells Ann Romney she never worked a day in her life. Unlike Rosen, who had to adopt kids, Ann raised 5 of her own.

Somehow, Rosen’s family is less valid, less worthy of respect because she adopted her children. This insults not just lesbian couples, but all non-birth mothers. In fact, it seems like few even recognize that Rosen is a mother at all, perhaps an inherent cultural consequence of her choice (or lack of choice) to not be a stay-at-home mom. Consider this Twitter quip from Alice Stewart, who until this week was Rick Santorum’s National Press Secretary:

@alicetweet: Being a mother is the most valuable work a woman can do, my heart goes out to @hilaryr children if she doesn’t believe that

Such comments play into archaic stereotypes that de-emphasize the important work men can do as fathers and that women can do in the professional world. The most valuable work a woman can do is whatever work she chooses to do. To otherwise qualify women’s roles in society is to prove Rosen’s point. Ann Romney is not qualified to speak on behalf of women who have had to earn the living they need to raise their children, and discounting those women’s life choices as “less valuable” is the true controversy.

Update

The Catholic League has responded to the controversy on Twitter: “Glad to know Hilary’s fans are in a state of apoplexy. You’d think she was outed by their hysterical reaction. Get over it and grow up.”

NEWS FLASH

University Of San Diego Holds Drag Show Despite Donor Opposition | A student drag show went off as planned at the Catholic University of San Diego last night, despite some student protests and the opposition of wealthy alum and donor Charles LiMandri. LiMandri had organized a petition with more than 7,000 names against the show and told a local NBC affiliate, “I believe the Bible is the inspired word of God. Although not everything is taken literally it does say men should dress as men, women should dress as women.” Both supporters and opponents demonstrated at the event, but the school supported the student organized effort.

NEWS FLASH

Nigerian Government Sued Over Anti-Gay Bill | “A lawyer is suing the Nigerian government over an anti-gay bill which, if passed, would put LGBT people at risk of violence and arrest,” Gay Star News reports. The measure, which has passed the Senate and is now being considered by the House, “punishes those in a same-sex partnership with 14 years’ imprisonment and anyone ‘aiding or abetting’ such unions with 10 years in prison.” The suit alleges that the measure violates the country’s constitution.

Catholic Priest Refuses To Circulate Petitions Repealing Washington’s Marriage Equality Law

Father Michael Ryan

Earlier this month, two Catholic bishops of the Archdiocese of Seattle wrote a letter asking parishioners to take part in a campaign to repeal Washington state’s recently enacted marriage equality law. Calling the effort “critically important,” Archbishop J. Peter Sartain and Auxiliary Bishop Eusebio Elizondo argued that denying same-sex couples the rights of marriage does not constitute discrimination since gays and lesbians are inherently “different” from straight relationships.

But at least one Catholic leader — Father Michael Ryan of St. James Cathedral — is resisting the effort and refusing to “circulate petitions inside his parish for the campaign to repeal the state’s same-sex marriage law”:

Dear Friends,

Archbishop Sartain has written a letter in which he has expressed his support for Referendum 74 and for the collecting of signatures in parishes. Media reports regarding this are somewhat misleading. While the Archbishop has given his support to the effort, he has wisely left it up to each pastor to decide whether to allow the collection of signatures in his own parish.

After discussing the matter with the members of the Cathedral’s pastoral ministry team, I have decided that we will not participate in the collecting of signatures in our parish. Doing so would, I believe, prove hurtful and seriously divisive in our community.

Father Ryan

Opponents of Washington state’s new marriage equality law have only gathered 5,681 of the 120,577 signatures necessary (and 150,000 goal) to repeal the law at the ballot through Referendum 74. They have only two months left to collect the rest, as the law is set to take effect on June 6. The Seattle Times notes that Preserve Marriage Washington, a campaign funded by the race-baiting National Organization for Marriage, has not yet utilized paid signature collectors and the totals do not seem to reflect the outreach to 1,500 churches with 50,000 completed petitions the group has boasted.

(HT: The Stranger’s Slog)

NEWS FLASH

Australian Family Group Compares Marriage Equality To Incest | Outrageously offensive comparisons of same-sex marriage to incest and pedophilia aren’t unique to American social conservatives, as opponents of Australia’s push for marriage equality are echoing the very same sentiments deployed stateside by groups like the Family Research Council and the National Organization for Marriage. The Australian reports that a representative from a group called Family Voice Australia told a House of Representatives committee in Sydney on Thursday that same-sex marriage is as wrong as wanting to marry a close relative. “I rather liked my cousin, and I was told that’s really not recommended, so we had a discussion in the family about those things. You can even marry an uncle, from memory,” Dr. David Phillips told a House of Representatives committee in Sydney on Thursday. “To suggest to someone that sexual attraction, at one point, is locked in concrete, there’s nothing they can do about it, they have to live with it, is cruel for those people,” he said. One marriage supporter had the best retort, noting that “murderers, rapists and pedophiles had more rights than gay people wishing to marry.”

Meet Romney’s Pro-Marriage Equality Donors

Politico examines Mitt Romney’s campaign donors and discovers that some strongly disagree with the candidate’s opposition to same sex marriage:

Paul Singer, Dan Loeb and Cliff Asness — three hedge fund managers and major players in donor circles — each cut six-figure checks toward the landmark effort to legalize gay marriage in New York. Singer, the intensely-private head of Elliott Associates, has been especially active in donating to groups aimed at legalizing gay marriage in different states over the last five years, concurrent with his rise as one of the Republican party’s mot prominent bundlers and donors to party committees. According to a recent New York Times story, Singer has donated $8 million to pro-gay marriage efforts since 2007.

He’s also helped raise more than $1 million for Romney’s campaign, as well as donated another $1 million to the super PAC supporting the all-but-assured Republican nominee.
The New York moneymen and some other Republican movers-and-shakers — such as former George W. Bush campaign manager Ken Mehlman, who came out two years ago and is now raising money from a broad swath of donors to push for gay marriage but who hasn’t made a presidential campaign endorsement — are at odds with Romney, who signed a pledge proffered by the conservative National Organization for Marriage promising to, among other things, support “sending a federal marriage amendment defining marriage as the union of one man and one woman to the states for ratification.”

NOM of course endorsed Romney yesterday and told Politico that Romney enthusiastically signed the pledge “very early” to fight marriage equality in its early stages. “He’s been very clear in the debates of his position on tradition marriage. It’s a strong pledge, a strong statement and it’s time for people who believe that marriage is a union between one man and one woman to unite. Just because some donors may have a different view, doesn’t mean that’s going to have any effect at all.”

That seems to be the case for now, even as some observers predict that Romney may moderate his position as he transitions into the general election. After all, this is the same candidate who in 1994 met with the Log Cabin Republicans and pledged, “I’m with you on this stuff… I’ll be better than Ted Kennedy” and in 2002 told a meeting of gay equality proponents that he would “support everything that it calls for in terms of recognizing unions between people. But just don’t use the M-word.” He should have no trouble walking back to his old position.

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NEWS FLASH

Marcus Bachmann Is Still Practicing Ex-Gay Therapy | A second undercover investigation conducted by a documentary filmmaker has discovered that Bachmann & Associates — the Christian counseling clinics owned by Marcus and Michele Bachmann — is still offering discredited ex-gay therapy to its gay and lesbian patients. This is the second expose to uncover reparative therapy in the Bachmann-owned business. According to the filmaker, the counselor “talked a lot about submitting to God, giving my life path over to him and letting him direct the way. She told me if I wanted to be happy I could ‘give my problems to the Lord and he could take them away.’” When confronted with the allegations last summer, Marcus Bachmann admitted that the clinics would perform reparative therapy upon request.

The Morning Pride: April 12, 2012

Welcome to The Morning Pride, ThinkProgress LGBT’s daily round-up of the latest in LGBT policy, politics, and some culture too! Here’s what we’re reading this morning, but please let us know what stories you’re following as well. Follow us all day on Twitter at @TPEquality.

- In case you missed it: President Obama will not be protecting the LGBT employees of federal contractors with an executive order any time soon.

- The Human Rights Campaign is urging Mitt Romney to repudiate the endorsement of the race-baiting, parent-scaring National Organization for Marriage.

- The military families challenging the Defense of Marriage Act are requesting their case be expedited, and the Ninth Circuit has agreed to expedite another DOMA challenge, Golinski v. OPM.

- Los Angeles Mayor Anotnio Villaraigosa seems to be reclaiming “family values” and “fundamental liberty” as language about equality.

- A transgender woman in Virginia is collecting signatures to challenge requirements that trans people show proof of gender reassignment surgery to get driver’s licenses.

- St. Louis is helping support equal access to housing for its LGBT seniors.

- Canada’s Parliament is again considering non-discrimination protections for the transgender community.

- Activists in St. Petersburg, Russia “will not be silenced.”

- Chris Matthews still claims that the Family Research Council’s Tony Perkins has never said anything virulently anti-gay on his show, but John Aravosis points out that he most certainly has.

- North Carolina artists are speaking out against Amendment One.

- Megan Mullally and Nick Offerman are HRC’s latest Americans for Marriage Equality:

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