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Creationists Violating Copyright

Posted by kdawson on Sun Nov 25, 2007 02:07 AM
from the lawyer-on-speed-dial dept.
The_Rook writes "The Discovery Institute, more a lawyer mill than a scientific institution, copied Harvard University's BioVisions video 'The Inner Life of the Cell,' stripped out Harvard's copyright notice, credits, and narration, inserted their own creationist-friendly narration, and renamed the video 'The Cell As an Automated City.' The new title subtly suggests that a cell is designed rather than evolved."

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  • It was planned. (Score:5, Funny)

    by badran (973386) on Sunday November 25, @02:10AM (#21469017)
    Harvard was created so that they would be able to copy it. You know part of a bigger plan.
    • Re:It was planned. (Score:5, Funny)

      by loganrapp (975327) <loganrapp@nOSpaM.gmail.com> on Sunday November 25, @05:52AM (#21469985)
      Doesn't fair use handle satire?
      [ Parent ]
      • Re:It was planned. (Score:5, Insightful)

        by Opportunist (166417) on Sunday November 25, @07:17AM (#21470279)
        I doubt it was meant in mockery. Unfortunately, I think those guys are dead serious with this.
        [ Parent ]
          • Re:It was planned. (Score:4, Funny)

            by orasio (188021) <orasio@@@internet...com...uy> on Sunday November 25, @08:59AM (#21470729) Homepage

            Yeah but according to the cult of the FSM pirates are cool and the lack of them is causing global warming. They're just being pirates in order to combat global warming!
            It's not a cult, Pastafarianism is a rrrreligion.
            Arrrrrrrr!
            [ Parent ]
              • Re:It was planned. (Score:5, Insightful)

                by mikael (484) on Sunday November 25, @12:19PM (#21471963)
                If you have any discussion about the legal rights of any religion, then using one of the established religions as an example, you risk starting a flame-war. So you need to create a hypothetical religion based on a particular character. All religions have one or more gods who helped create the world, and stories about interactions with humans in the past, thus in the case of Pastafarianism, The Flying Spaghetti Monster fills the role of being a God, and allows the discussion to take place without insulting anyone.

                An exampled discussion: Should religion artwork be allowed in government buildings?

                If all religions are to be treated fairly, then if you are to permit marble sculptures of religions figures, then you must allow be willing to accept sculptures of His Holy Noodlyness. If you are to permit paintings of a guy in white robes, white curly hair, and a long beard, then you must also be willing to permit paintings of a plate of spaghetti reaching out.

                [ Parent ]
                  • Re:It was planned. (Score:5, Insightful)

                    by shaitand (626655) on Monday November 26, @03:08AM (#21476223) Homepage Journal
                    'Separation of Church and State does not equal Sterilization of Church from State.'

                    Actually it does, you see, after you separate things they are no longer combined. As you have already pointed out, it is not practical to represent everyone's beliefs (numbers are irrelevant, if a single person has a belief they are equally entitled to have that belief respected as another individual who happens to have a belief shared by many others); therefore the only way to respect ALL religions is not to represent any of them in government.

                    As I am sure you will agree, the best solution is to not include religious representations on city halls at all (particularly since they lack any legitimate function). Just as religious moral values have no place in our laws and should instead be instilled by family and friends and enforced through stigma in those same circles. An excellent example is prostitution, without a moral component defined by religious values there is no justification for laws against prostitution and thus there should be none. Instead, families with those beliefs should teach their children not to be or solicit prostitutes and leave those with other values alone.

                    [ Parent ]
            • Re:It was planned. (Score:4, Informative)

              by UncleTogie (1004853) * on Sunday November 25, @12:54PM (#21472221) Homepage Journal

              Actually, according to the Gospel of the Flying Spaghetti Monster, creationists are a fruit of FSM's bizzare sense of humor. Or, to put it more bluntly, a sick joke

              ...and here someone pointed out earlier that the whole point of the FSM was not to be insulting...

              Tell ya what. I'll happily buy that when the FSM can be used in a discussion thread WITHOUT someone slamming the spiritual beliefs of others.

              Note: I did not use the word "religion". Big difference 'tween being religious and bein' spiritual.

              As for the CR violation? Take 'em to court jus' like anyone else. Get a C&D order. This isn't news... unless you were LOOKING for a flame-fest 'tween two opposing sides.

              [ Parent ]
    • Re:It was planned. (Score:5, Funny)

      by Joebert (946227) on Sunday November 25, @06:43AM (#21470145) Homepage
      It all makes sense now.

      God didn't create the world, God stole the Devils' science project !
      [ Parent ]
    • Re:It was planned. (Score:5, Funny)

      by Anonymous Coward on Sunday November 25, @07:23AM (#21470309)
      You know, Jesus copied bread and fish for over 5,000 people and didn't give a shit about bakeries' and fishermens' lost profits or copyrights.
      [ Parent ]
      • Re:It was planned. (Score:5, Funny)

        by maxwell demon (590494) on Sunday November 25, @10:03AM (#21471087) Journal

        You know, Jesus copied bread and fish for over 5,000 people and didn't give a shit about bakeries' and fishermens' lost profits or copyrights.
        What do you think was the real reason why he was crucified?
        [ Parent ]
      • by Solra Bizna (716281) on Sunday November 25, @07:17AM (#21470273) Homepage Journal

        The majority view here on Slashdot is:

        • DRM is bad because it prevents people who legitimately own the media from doing what they want with it (including, in extreme cases, play it)
        • Copyright violation (at least as far as taking credit for others' work; we'll ignore the issue of piracy) is bad for reasons that don't warrant an explanation
        • The RIAA is bad because they're suing innocent people, and suing for much more than actual damages

        Does that answer your question?

        -:sigma.SB

        [ Parent ]
      • by maxwell demon (590494) on Sunday November 25, @07:51AM (#21470405) Journal

        Perhaps some kind of DRM on harvard's videos is in order ?

        No.

        Are slashdot writers truly this hypocritical ? If nobody gets to enforce copyright (especially not riaa) then why does slashdot get to ?

        That's not hypocritical. They didn't just copy the Harvard video, they stripped the copyright statement! That's plagarism. Note that even the most liberal OSS licenses (e.g. the two-clause BSD) still maintain that you are not allowed to remove the copyright notice. And I doubt you'll find many slashdotters who would claim that plagiarism should be allowed.

        If they had just copied and distributed the Harvard video, I'm sure not many people here would have objected.

        I'm a scientist. If you make copies of my articles and propagate them, I'm happy. If you take my articles, change a few things, remove my name and add yours, I'm angry.
        [ Parent ]
  • Well... (Score:5, Insightful)

    by Kierthos (225954) on Sunday November 25, @02:12AM (#21469025) Homepage
    It's a good thing they're a lawyer mill. Because Harvard's going to sue the shit out of them.

    Now, I'm not going to say all Creationists are dumb. I've met a few who aren't. But what in the hell were these guys thinking? "Oooo... let's use their video. They'll never catch on, and even if they do, what are they going to do about it?"

    Dumbasses.
    • Re:Well... (Score:5, Interesting)

      by AndrewBuck (1120597) on Sunday November 25, @02:22AM (#21469071)
      This is going to be interesting...lawyer mill vs the number 1 law school in the country. Not only that but the poster above makes an interesting point about fair use (although I think it was more intended as flaimbait). Probably not fair use in this case though as they didn't "comment on" the movie ,they simply took a part of it and worked it into their own creation, derivative work if I understand correctly. Regardless of the legal merits of the situation, I hope the media at large pick up on this, after they posted fake DMCA takedowns to silence their opponents they go and do this...not exactly ethical, even if it was "legal."

      -Buck
      [ Parent ]
      • Re:Well... (Score:4, Interesting)

        by rm999 (775449) on Sunday November 25, @02:29AM (#21469123)
        I'm not a lawyer, but sue them for what? Don't you have to prove that you lost money when you are suing for damages? Clearly what the creationists did was illegal/immoral, but it seems like people are blowing this our of proportion. I think what will happen is the creationists will remove the video and "sort of" apologize for plagiarism - by sort of, I mean they'll blame some scapegoat who "didn't know better, and has been removed from the organization. "
        [ Parent ]
        • Re:Well... (Score:5, Informative)

          The Copyright Act allows the copyright holder to choose between actual damages and statutory damages, which may be as much as $150,000 per infringement. Furthermore, it is not out of the question that punitive damages will be awarded if the infringement is intentional and egregious, which is arguably the case here. Traditionally, it has been assumed that punitive damages are not available for copyright infringement, but courts have awarded them in some recent cases.

          [ Parent ]
      • Re: (Score:3, Insightful)

        It was intended to be sarcastic, if that helps.

        The Discovery Institute is almost certainly going to claim Fair Use or something similiar, but I don't see how they can justify that when they stripped out the credits and copyright notice. Not to mention the
        • Re:Well... (Score:5, Insightful)

          by Volante3192 (953645) on Sunday November 25, @02:38AM (#21469193)
          I thought Fair Use required attribution of the source?... Stripping it out and claiming it as your own, that's a case example of copyright infringement.
          [ Parent ]
    • Re:Well... (Score:5, Funny)

      by Anonymous Coward on Sunday November 25, @02:28AM (#21469111)
      *in mr burns voice*

      Oooh, a lawsuit from "harvard"

      What are they going to do, row us to death?

      Oh no, I'm so scared!
      [ Parent ]
  • by ross.w (87751) <rwonderley@@@gmail...com> on Sunday November 25, @02:18AM (#21469041) Journal
    (C)Copyright 4000BC God
    All rights reserved
    Reproduction other than by the means provided for in your licence agreement is prohibited
  • My alternative theory... (Score:5, Funny)

    by Anonymous Coward on Sunday November 25, @02:18AM (#21469053)
    Doesn't it make more sense to believe that Harvard stripped out the creastionist commentary from the video and slapped on a copyright notice? It would be far too complex to edit a Harvard video to add commentary, thus I must go with this simpler explanation and blame Harvard.
    • Re: (Score:3, Informative)

      It would be far too complex to edit a Harvard video to add commentary,

      Haha. More complex than editing your (posted) /. post?
      BTW: You can watch the harvard video here: http://multimedia.mcb.harvard.edu/media.html [harvard.edu]
      That was a superb animation. I watched it for the first time 3 months ago. Another version goes with no comm
  • by DullTrev (533249) on Sunday November 25, @02:20AM (#21469061) Homepage
    God created everything.
  • Surprised? (Score:5, Insightful)

    by Anonymous Coward on Sunday November 25, @02:23AM (#21469077)
    They ignore common sense, who could have guessed they would ignore other peoples copyright?...
  • So...what you're saying is (Score:5, Funny)

    by Weaselmancer (533834) on Sunday November 25, @02:29AM (#21469121)

    ...the film was originally intelligently designed. Then it evolved.

  • Oblig. M.C. Hawking (Score:4, Funny)

    by Ethanol-fueled (1125189) on Sunday November 25, @02:30AM (#21469129) Homepage
    Fuck the creationists, those bunch of dumb-ass bitches,
    every time I think of them, my trigger finger itches,
    They want to have their bullshit...taught in public class,
    Stephen J. Gould [wikipedia.org] should put his foot right up their ass! ...
  • What to choose... (Score:5, Funny)

    by fahrbot-bot (874524) on Sunday November 25, @02:33AM (#21469159)
    Creationists stealing from scientists because they cannot intelligently design their own presentation? The Discovery Institute unable to discover anything on their own? Ignoring morality as a means to their own creation? Dishonest lawyers? (OK, that last one's obvious.)

    What to choose, what to choose...

  • The new audio makes it worse! (Score:3, Insightful)

    by or-switch (1118153) on Sunday November 25, @02:35AM (#21469169)
    What's really strange is that the original version doesn't say anything that would negate a creationists argument, and the creationist version doesn't say anything that would negate evolution. What I find bizarre is that they dubbed over it with a new track and edited the sequencing. The result is that they look like idiots because they get some information wrong, and the guy doing the narration says, "Uh," a lot and stammers his way through it. It's like the edited the original video and gave him one pass to explain what was happening and it was moving too fast. There was NO reason to dub over it.

    What's worse than peddling religion in the name of science? Doing it badly! Come on, at least believe strongly enough in your own message to articulate it clearly.

  • What's the problem? (Score:3, Interesting)

    by DrKyle (818035) on Sunday November 25, @02:48AM (#21469233)
    I have used this video in my intro biology class, telling them it is an absolutely marvelous video and that by the time they graduate they will understand the complex processes depicted. I have spoken through it, thereby adding my own narration. Does this mean I am going to get sued too? In finding this video for my class I noticed many versions out there on youtube and other video sites, ones which had the copyright notice absent already, so does this mean I would get sued for showing those instead of the original? It's not like they posted the video on a site representing it as their own, it was part of a powerpoint presentation and I really doubt there is solid grounds to show they did anything wrong. Just because they are pushing their own agenda which the poster disagrees with does not mean they are any worse than other people making up a powerpoint presentation and not citing every graphic and video they find on the web.
    • Re:What's the problem? (Score:4, Insightful)

      by wickerprints (1094741) on Sunday November 25, @03:27AM (#21469417)
      That depends on whether you tried to pass the video off as your own creation. That, in essence, is the core of the issue with the Discovery Institute's usage. Despite the title of the summary, the copyright violation is not what lies at the heart of this matter--it is the plagiarism. Surely your students cannot reasonably assume you were the sole author of the video. The same could not be said of a large, well-funded organization such as the DI.
      [ Parent ]
  • Removing logo good thing? (Score:3, Funny)

    by Keruo (771880) on Sunday November 25, @03:01AM (#21469297)
    Isn't it better that they removed the logo?
    Otherwise it might appear to some person watching that the ramblings were actually created by harvard.

  • Not merely copyright violation (Score:5, Insightful)

    by wickerprints (1094741) on Sunday November 25, @03:12AM (#21469357)
    To call the Discovery Institute's use of the Harvard video merely "copyright violation" overlooks the more fundamental problem, because the DI did not just copy and redistribute the content without permission, but in fact (a) distorted and misrepresented the meaning of the content via overdubbed narration, and (b) knowingly misrepresented the authorship of the content. The former is fraud (though perhaps not in a legal context), and the second is plagiarism (which does satisfy the legal definition).

    Violation of copyright is really only the superficial issue, and only addresses the ownership of the original work.

    The creationist/intelligent design cabal is successful because since the time of Darwin, they have understood that their views cannot be defended through legitimate scientific inquiry, and can never be by definition. Therefore, they attack evolution by natural selection by appealing to and exploiting public passions, fears, and ignorance, and cloaking themselves in psuedoscientific legitimacy. They hope to insinuate themselves into rational discourse by invoking a false sense of objectivity and open-mindedness, appealing to the public to "hear both sides," which is merely a sophistic tactic to put their position on equal footing with decades of confirmed and verified scientific theory.

    In the end, what I truly don't understand is why the creationists are so hell-bent on disproving evolution. History has shown us time and time again that when religion fights science, religion ends up with egg on its face. (Galileo and his support of Copernican heliocentrism comes to mind.) If I were devoutly religious, the last thing I would want is to try to prove God's existence, because then such a proof would obviate the need for faith in the first place. Such a desire to enshrine one's belief in the language of science seems horribly misplaced at best, and ultimately, is a far greater detriment and threat to religion than science. Meanwhile, the scientists can only follow the path that nature reveals.
    • Re:Not merely copyright violation (Score:4, Insightful)

      by novakyu (636495) <{novakyu} {at} {gmail.com}> on Sunday November 25, @05:59AM (#21470005) Homepage
      Er, before you start foaming at your mouth, I recommend that you actually watch the original video with the original narration. Listen to every word carefully (I'm not a biologist, but I could understand most of it, so unless you are stupid or utterly unqualified to make the remarks you did, you should be able to also), and ask yourself: "Which part of that original narration supports Darwinian evolution?"

      Your integrity ought to be questioned if your answer is anything other than "Nothing!" The video does look like a ... very sophisticated computer animation with probably biologically correct description of the cell. But that's where it stops. It describes what happens in the cell TODAY, not what might have happened over last couple billion years (or, in the interest of fairness, whether it just had to be designed by a creator).

      Given this fact, your characterization of the modified presentation as "distorted and misrepresented" is ... well, let's say over-zealous. I'm not saying that the creationist is right in not correctly attributing the Harvard biologist who made the original animation. But, given that the original says nothing about "Creation vs. Evolution" debate, would his presentation have been any less effective if he made the correct attribution? No. After, all, creationists also claim to be (I'm not supporting or denying their claim) scientists, and it is no shame to refer to another scientist's work.

      As for the copyright aspect ... well, I am not a lawyer and I wouldn't be able to make a cogent argument for or against this particular use. But let me just say, what the creationist did looks very similar to what some people do to make those anime "music videos" on the YouTube. If you condemn him as "distorting and misrepresenting" the original work, by the same measure, you should condemn the people creating those music videos because they are putting the animation together with music that was never designed to be put together and creating possibly misleading atmosphere. Is that what you want to do?

      The whole "creation vs. evolution" argument has an effect on people that makes them utterly stupid and unable to make intelligent, rational arguments (yes, that goes for rabid creationists, as well as rabid evolutionists). If you want to save what is left of your intelligence, I advise you to take a step back and look at the debate from a distance. That's what I do as a believing scientist.

      As for what copyright ought to allow people to do and ought not, I invite you to watch Lessig's wonderful presentation and make up your own mind: http://www.ted.com/talks/view/id/187 [ted.com].
      [ Parent ]
      • Re:Not merely copyright violation (Score:4, Informative)

        by wickerprints (1094741) on Sunday November 25, @06:31AM (#21470111)
        You might want to read my response [slashdot.org] in another thread before you jump to conclusions about what I am or am not saying about intelligent design. I am hardly brainwashed.

        I stand by my claim that the DI misrepresented and distorted the original content of the video, precisely because the original narration does not make any statement about how these biochemical mechanisms came into being, and because it is reasonable to presume that the video's content was developed by scientists, they could not legitimately believe that intelligent design furnishes a valid scientific framework for these mechanisms' existence. The logical conclusion is that the subsequent use is a distortion.

        Furthermore, to compare this misrepresentation to an AMV on YouTube may be valid from a legal standpoint, but invalid from a sociopolitical standpoint. For instance, you would not want the media to similarly play fast and loose with content they did not author or to fail to cite or document their sources (though quite unfortunately, they often do--hence the introduction of the word "truthiness" in our modern lexicon). It is not reasonable to hold all such forms of content manipulation to the same standard, as those with a background in journalism and/or art history could point out.

        I find it interesting that so few people seem to have a problem with the failure to make the proper attribution, and the implications thereof. There is no reason not to, unless the intent is to mask the true authorship of the original work. That this is something that happens on YouTube does not make it less egregious, or any more justifiable. Perhaps these increasingly lax attitudes towards plagiarism is an unfortunate reflection of the great ease with which information is replicated and manipulated nowadays, and the corresponding difficulty in determining the original source.
        [ Parent ]
      • Um... all of it? (Score:5, Insightful)

        by NIckGorton (974753) on Sunday November 25, @09:07AM (#21470777)

        and ask yourself: "Which part of that original narration supports Darwinian evolution?"
        The entire thing supports evolutionary theory. This is because biology - in all its manifestations - cannot be understood without an understanding of evolutionary theory. It would be like trying to discuss or explain organic chemistry while denying the existence of the atom.
        [ Parent ]
  • kdawsonisatroll? (Score:5, Insightful)

    by qmaqdk (522323) on Sunday November 25, @04:21AM (#21469659) Homepage
    If you're a creationist, everyone in here is a troll. What, with the science-voodoo and all.
  • by jgoemat (565882) on Sunday November 25, @11:12AM (#21471507)

    ID arguments fall apart under their own theory. Their theory basically states that some things in nature are too complex to have come about randomly, therefore someone must have designed them. It's notable that this is a logical argument, not a scientific one. There is no testable statement here. The only valid test would be to put an empty jar in a room and wait for "the designer" to place a new form of life in it. I haven't heard of any successful experiments of this type :).

    Their current argument though would look at a tree's cells and all of the complexities that go on and say that there is no way it could have evolved. ID just says evolution is false, it doesn't try to explain anything itself. Take just the leaf of a tree though. If you just look at it, you would say someone designed it, placed everything exactly where it was and made this beautiful design. If you know anything about biology, or if you just watch a leaf grow from spring to summer, you will see that it wasn't placed there, it grew out of the tree. ID proponents would say that is hogwash. There's no way that a seed could turn into a tree. Just look at them, the seed is so small and the tree is a complex structure with many types of cells. Someone had to design each leaf and place it there, there's no way a single seed could become a whole tree with all the different leaves.

    ID proponents don't claim this that I know of because they can see it happen. Everyone can observe a tree growing and we know that it ends up the way it is because of a natural process that begins with the DNA encoded in the seed and that is modified by the environment the tree grows in. They can't 'see' evolution occur so they dismiss it in favor of something written in a book thousands of years ago with no proof that most of the world's population doesn't even believe. In reality, we've observed DNA mutations and even speciation events. They can't comprehend the size of the Earth and the billions of years that it has existed, so they claim evolutionists just "throw billions of years at the problem" to explain it.

    My favorite is when an atheist in a debate claimed that our large brain size was proof of evolution because prior to modern medicine, 20% of women died in childbirth due to the size of the babies' heads. The "true believers" claimed this was proof that natural selection was false because it caused the woman to die. If a larger brain gave even a 10% advantage to survival though, it would prove to be a total benefit to the species, and we can see now it has worked since we've become the dominant species on the planet due largely to our intelligence. If you look at it from a designer's perspective though, there is no plausible reason not to just make the woman's hips a little wider. From an evolutionist's perspective, the change just hasn't happened yet. Now of course there is little selective pressure since we have modern medicine and C-Sections available.

      • It was his punishment,,,, (Score:4, Insightful)

        by Joce640k (829181) on Sunday November 25, @04:08PM (#21473517)
        Painful childbirth was eve's punishment for eating the apple, I love pointing this out to pregnant Christians when they discuss epidurals. I once pointed it out to a Christian obstetrician, that was priceless.

        Try it sometime, you'll see a perfect example of the cognitive dissonance Christians undergo when faced with some of the less savory aspects of The Bible. They've got prepared excuses for things like creation, but not childbirth pain.

        "It's SUPPOSED to hurt, and you're SUPPOSED to suffer. Epidurals are in direct defiance of god's wishes and you'll burn in hell."

        In fact...most of my arguing with Christians works this way these days. I've long given up trying to educate them - it's futile. Now I just point out flaws in their "Christian" behavior. A good one is to point out the bit where they're not supposed to own cars or TV sets, that they have to give everything they own to the poor and let god provide for their basic needs (Matthew 19:21).

        [ Parent ]
  • Thank you letter (Score:4, Funny)

    by brennz (715237) on Sunday November 25, @11:26AM (#21471621)
    Dear Slashdot community,

    The Discovery Institute would like to thank you for raising the visibility of our organization and our fight for justice. For many years we have fought to enable creation theory in the classroom alongside evolutionary theory. Your efforts have assisted us greatly in getting the word out on our issues. It is important to acknowledge that for too long, Christians have lacked legal representation. Now our law firm 'The Discovery Institute' fights for them in the courtroom. We would like for everyone to think of us as like the MPAA/RIAA, but motivated instead by "heavenly profits".

    Sincerely,

    Fun. D. Mental
    Esquire
    Director of Outreach
    The Discovery Institute

    * disclaimer - I love the potential for satire in this situation but I think darwinian evolution is a seriously flawed theory *
    • Re: (Score:3, Insightful)

      We know that, we just find it amusing that the same institute preaching that Evolution causes immorality is the one that is blatently stealing another's work [er infringing that is] it would be ironic if it were not preceded by earlier nonsense on their ac
    • by MichaelSmith (789609) on Sunday November 25, @03:19AM (#21469383) Homepage

      "God made it that way" ends all arguments for them so there is no rational thought behind their position.

      I am sure that most anti-evolution parents would want their child to grow up to marry a good looking person of the opposite sex with lots of money and no history of disease in the family.

      [ Parent ]
    • Re:Uh, fair use? (Score:5, Insightful)

      by IllForgetMyNickSoonA (748496) on Sunday November 25, @03:14AM (#21469363)
      Actually, no. You won't find ANY supporter of the "information wants to be free" idea arguing that taking somebody's work, striping the copyright, modifying parts of it and selling it as your own product should be somehow acceptable. Quite the opposite is the case: information DOES want to be free, but the COPYRIGHTS have nothing to do with it. Check tha recent law suits of BusyBox authors, or the numerous suits on behalf of the author of the netfilter software for example.

      But I suppose you already know that and you were only trolling, correct?
      [ Parent ]
      • Re:Uh, fair use? (Score:5, Informative)

        by Sique (173459) on Sunday November 25, @05:08AM (#21469837) Homepage
        No. This is something completely different.

        It would be right if we found the video without any narrative buried deep in the remainings of an ancient civilisation or something else. Then both narratives would be part of a discourse how to interpret the video. Then the video would be the raw scientific data, and both narratives had their rightful purpose.

        Here it is different. The video is in no way raw data. It was choosen, cut, mounted together to help explaining something. In this case the narrative is the core of the video, and the pictures are merely there to illustrate. As someone who routinely draws comics as a hobby I always was playing with the possibilitiy to erase all words in a comic strip and then fill in something else which narrates a completely different story. Misinterpretation of a sequence of pictures is thus no "scientific discourse", it is always possible. At most it shows that the pictures alone are not enough to make the case for what Harvard wanted to explain with the video (but Harvard added the narrative anyway because the knew it was not enough). If the Institute wanted to show that, they might have a case, albeit a weak one.

        But in this case it is just making a derivative work of someone else's work without a) getting a permission and b) without attributing it correctly. This is purely a copyright case, nothing else.
        [ Parent ]
    • by wickerprints (1094741) on Sunday November 25, @03:23AM (#21469401)
      Your post isn't going to be modded down because the rest of us are bigoted (or even merely biased) against your viewpoint, but because it fails to address the reality of the situation. (1) The Discovery Institute did not secure permission to use the video. (2) The video was shown with the copyright removed. (3) The substance of the video was changed by overdubbed narration that implied that the video depicted evidence of intelligent design in biochemical mechanisms. (4) Through the removal of copyright information and failure to refer to the actual source, the DI plagiarized the video by presenting it as its own original work rather than a derivative work. This action is not covered under fair use.

      I would also like to point out that complaining that your post will be modded down is not somehow a sort of magical incantation to prevent it from actually being modded down. That sort of reverse psychology does not work, especially when you fail to have any legitimate points.
      [ Parent ]
        • by wickerprints (1094741) on Sunday November 25, @04:38AM (#21469735)
          Your post is misleading, because the controversy over intelligent design, and the problem that scientists have with it, is not that it is true or false. The creationists/ID proponents would like people to frame it in such a context, because it pits scientists against dogmatic faith in a supernatural creator. I will only say this once, because it is so obvious that it is a wonder that it needs to be said at all:

          The problem is that the theory of Intelligent Design* is not science.

          Note that this statement does not say anything about the truth of ID. It merely states that ID as a proposed explanation of the origin of life does not satisfy fundamental criteria necessary to be called science. I cannot tell you whether ID is true or false, because I DO NOT KNOW. But I can tell you that it isn't a scientific theory. Why its proponents seem so desperate to enshrine it as science and somehow believe that shrouding it in the mantle of science would increase its legitimacy, I cannot understand. I am perfectly willing to entertain the notion that the universe had a divine creator, as I am also willing to entertain the notion of a supernatural origin of life, as are many scientists. But as scientists, none of us can rationally place those notions in a scientific framework.

          *Note that I use the phrase "Intelligent Design" here in its broadest context--that the origin of life is supernatural, rather than in its specific statements that strive to demonstrate this claim (e.g., the argument of irreducible complexity).
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    • by king-manic (409855) on Sunday November 25, @03:59AM (#21469563)

      So, when a darwinist copies something, it's fair-use, but if a creationist copies something it's a copyright violation?
      Darwinists do not exist. It's simply a pejorative label certain obstinate creation story supporters place on their opposition.

      What always gets me is that one group will flame another group, then call it bigotry if that group flames them back, or disagrees with them. This goes for copyrighted material users, file-sharers/industry, race, religion, Operating Systems, etc. Just read the posts above this one and you'll see a lot of bashing already in progress. See bigotry at its' finest. I wouldn't be surprised if my post gets modded down.
      I rarely see the "pro-science" side call creationists bigots. More often it's "knowledge deficient" or some synonym there of. Tolerance is a funny idea. You ought only tolerate what doesn't harm you or others. In this case I cannot tolerate creationism. You have already prematurely labeled me a bigot but if it means simply I am intolerant of inadequately supported ideas then thank you I must be a bigot.
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