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Court rules against city suing resident for posting City Council clips to YouTube

Remember the man that was sued by the city for posting a video of the City Council to YouTube? It may surprise you to learn what happened.

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Man sued for uploading City Council meeting video to YouTube

When YouTube user, Joseph Teixeira posted a clip from his local city council meeting to YouTube, he undoubtedly knew nothing of the repercussions to come. As we originally covered, Teixeira faced legal trouble after uploading videos criticizing the mayor and other government officials in the City of Inglewood in Los Angeles County. The city claimst, by using clips of city council meetings in the videos, he violated copyright laws; as a result, the city “has suffered, and will continue to suffer, irreparable harm and damages.”

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The city claims the videos do not fall under the exception for fair use because they allegedly “have no critical bearing.” However, it seems a bit contradictory for the city to claim the videos are not being used for critique, but also claiming they have suffered damages.

Court rules in favor of Teixeira

The United States District Court, Central District of California first determined that the City could not, as a matter of law, assert a copyright interest in the recordings of the City Council’s meetings. And even if it could, Defendant’s conduct fell squarely within the purview of the fair use doctrine and was thus shielded from copyright liability. Indeed, the Court remarked that it “can scarcely conceive of works that are more appropriately protected by the fair use doctrine and § 107 than the Teixeira Videos.”

Then they decided about the issue of the Defendant (Teixeira) seeking to recover attorneys’ fees expended on litigating this action. He was indeed awarded $117,000 to cover his attorney fees. This amount was decided based on five factors. These factors are outlined in the minutes (pdf file) here:

“Defendant argues that the amount of hours expended on this litigation is reasonable on five separate grounds. First, as already discussed, the defense was entirely successful in dismissing the case with prejudice. Second, the issues raised in the Motion to Dismiss were complex, requiring research into the intersection between federal copyright law and state public records law. Third, the City’s own litigation tactics drove up defense costs. Fourth, the case was led efficiently by Mr. Laidman, a mid-level associate at DWT, while Mr. Burke assumed only a supervisory role. And finally, the total amount requested is within the range of fees awarded in comparable copyright actions.”

Teixeira tells us all to know our rights

Joseph Teixeira tells us, ” I guess the general lesson is that if you’re sure that you’ve done your homework about what Rights you have, and someone in power tries to intimidate you into believing that you don’t have those Rights, you need to stand up for those Rights. That’s hard when you think about what you could lose in money, reputation, and security, but if you’re willing to concede your Rights without a fight, all those other things you are afraid of losing, may be taken from you anyway.”

The lesson here is know the law, especially if you are posting videos on line that are not of your own creation. In fact, even they are your own creation; you should still know which laws can apply to the use and distribution of material.

#YouTubeWin

Jennifer Walpole is a Senior Staff Writer at The American Genius and holds a Master's degree in English from the University of Oklahoma. She is a science fiction fanatic and enjoys writing way more than she should. She dreams of being a screenwriter and seeing her work on the big screen in Hollywood one day.

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Instagram announces 3 home feed options, including chronological order

(SOCIAL MEDIA) Instagram is allowing users to choose how their home feed appears so they can tailor their own experience… and chronological is back!

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Instagram home feed options

Break out the bottle of champagne, because they are bringing back the chronological order in Instagram!

About time, right? Well, that’s not all. Per Protocol, Instagram has announced that they are rolling out three feed options in the first half of 2022. What?! Yes, you read that right.

3 New Feed View Options

  1. Home: This feed view should feel familiar because it’s the algorithm you already use. No changes to this view.
  1. Favorites: This feed view option presents a nice and tidy way to view creators, friends, and family of your choosing.
  1. Following: Last, but not least, is my favorite re-boot, the chronological view of every account that you follow.

Per Protocol, recent legal allegations have been made that Instagram and Facebook have been prioritizing content viewed as harmful in the algorithm and specifically in Instagram. Instagram is widely believed to be harmful to teens. Per the American Psychological Association, “Studies have linked Instagram to depression, body image concerns, self-esteem issues, social anxiety, and other problems”.  They have been under scrutiny by lawmakers and in response are posing the chronological feed as a solution.

However, this won’t fix everything. Even if the algorithm isn’t prioritizing harmful posts, those posts will still exist and if that account is followed it can still be seen. The other issue with this solution is the knowledge that unless Instagram lets you choose your default feed view, they could still cause the algorithm view to be the automatic view. Facebook doesn’t allow you to make the chronological feed your default view. This means you would need to choose that view every time. This bit of friction means there will be times it is overlooked and some may not even know the functionality exists. Knowing this information about Facebook, prepares us for what’s to come with Instagram. After all, Facebook, or Meta, owns both.

While as an entrepreneur, the chronological view excites me, I know the reality of it being used is questionable. I would love to know others can see the products and services I offer instead of hoping that Instagram finds my content worthy to share in the algorithm.

As a human being with a moral conscience, I have to scream, “C’mon Instagram, you CAN do better!” We all deserve better than having a computer pick what’s shown to us. Hopefully, lawmakers will recognize this band-aid quick fix for what it truly is and continue with making real changes to benefit us all.

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Facebook’s targeting options for advertising are changing this month

(SOCIAL MEDIA) Do you market your business on Facebook? You need to know that their targeting options for ads are changing and what to do about it.

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Laptop on lap open to Facebook page representing ad targeting.

Meta is transforming Facebook’s ad campaigns beginning January 19th. Facebook, which has been infamously battling criticism regarding election ads on their platform, is revising its limited targeting ad campaigns. Per this Facebook blog post, these changes eliminate the ability to target users based on interactions with content related to health (e.g., “Lung cancer awareness”, “World Diabetes Day”), race and ethnicity, political affiliation, religious practices (e.g., “Catholic Church” and “Jewish holidays”) and sexual orientation (e.g., “same-sex marriage” and “LGBT culture”).

These changes go into effect on January 19, 2022. Facebook will no longer allow new ads to use these targeting tools after that date. By March 17, 2022, any existing ads using those targeting tools will no longer be allowed.

The VP of Ads and Business Product Marketing at Facebook, Graham Mudd, expressed the belief that personalized ad experiences are the best, but followed up by stating:

“[W]e want to better match people’s evolving expectations of how advertisers may reach them on our platform and address feedback from civil rights experts, policymakers, and other stakeholders on the importance of preventing advertisers from abusing the targeting options we make available.”

To help soften the blow, Facebook is offering tips and examples for small businesses, non-profits, and advocacy groups to continue to reach their audiences that go beyond the broad targeting of gender and age.

These tips include creating different types of targeting such as Engagement Custom Audiences, Lookalike Audiences, Website Custom Audiences, Location Targeting, and Customer Lists from a Custom Audience.

Here’s the lowdown on how it will happen.

Per the Search Engine Journal, changes can be made to budget amounts or campaign names without impacting the targeting until March 17th. However, if you go to change the ad set level that will then cause changes at the audience level.

If you need to keep that particular ad to reuse, it may be best to edit the detailed targeting settings before March 17th in order to ensure you can make changes to it in the future.

I believe it was Heraclitus that declared change is constant. Knowing this, we can conclude other social platforms may follow suit and possibly adjust their targeting in the future as well.

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Hate speech seemingly spewing on your Facebook? You’re not wrong

(SOCIAL MEDIA) Facebook (now Meta) employees estimate its AI tools only clean up 3%-5% of hate speech on the platform. Surprise, Surprise *eye roll*

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Facebook being crossed out by a stylus on a mobile device for hate speech.

As Facebook moves further toward Zuckerberg’s Metaverse, concerns about the efficiency with which the company addresses hate speech still remain, with employees recently estimating that only around 2% of offending materials are removed by Facebook’s AI screening tools.

According to Wall Street Journal, internal documents from Facebook show an alarming inability to detect hate speech, violent threats, depictions of graphic content, and other “sensitive” issues via their AI screening. This directly contradicts predictions made by the company in the past.

A “senior engineer” also admitted that, in addition to removing only around 2% of inappropriate material, the odds of that number reaching even a numerical majority is extremely unlikely: “Recent estimates suggest that unless there is a major change in strategy, it will be very difficult to improve this beyond 10-20% in the short-medium term.”

The reported efficacy of the AI in question would be laughable were the situation less dire. Reports ranging from AI confusing cockfights and car crashes to inaccurately identifying a car wash video as a first-person shooting are referenced in the internal documents, while far more sobering imagery–live-streamed shootings, viscerally graphic car wrecks, and open threats of violence against transgender children–went entirely unflagged.

Even the system in which the AI works is a source of doubt for employees. “When Facebook’s algorithms aren’t certain enough that content violates the rules to delete it, the platform shows that material to users less often—but the accounts that posted the material go unpunished,” reports Wall Street Journal.

AI has repeatedly been shown to struggle with bias as well. Large Language Models (LLMs)–machine-learning algorithms that inform things like search engine results and predictive text–have defaulted to racist or xenophobic rhetoric when subjected to search terms like “Muslim”, leading to ethical concerns about whether or not these tools are actually capable of resolving things like hate speech.

As a whole, Facebook employees’ doubts about the actual usefulness of AI in removing inappropriate material (and keeping underage users off of the platform) paint a grim portrait of the future of social media, especially as the Metaverse marches steadily forward in mainstream consumption.

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