[Noisebridge-discuss] Fwd: sleeping in turing

jim jim at well.com
Tue Jan 15 19:15:54 UTC 2013



    Might be good to meet in the space around 6 or 7 AM. 
    I'm opposed to people sleeping in the space repeatedly 
by habit. 
    I'd love to throw all couches out. 


On Tue, 2013-01-15 at 10:51 -0800, Ronald Cotoni wrote:
> I am with Hep here.  Hep knows her photography and are we really
> talking about people living at noisebridge?  There have been at least
> 5 threads that I know of on this topic and still 0 actual solutions.
>  We are so smart, we are stupid.  Does anyone want to actually fix
> this problem?  I am up for creative solutions to this social/technical
> issue.   I would be willing to meet every day until we have a solid
> solution to this and I think noisebridge needs to do this (part of
> pulling it's collective head from it's collective butt).  I do mean
> EVERY day with people who want to actually solve this problem.   
> 
> 
> On Tue, Jan 15, 2013 at 10:02 AM, hep <dis at gruntle.org> wrote:
>         I am a professional photographer and do actually know CA law.
>         Unless the photographer is in your face and actually has
>         touched you (the assault and battery portion of the
>         interaction) you don't actually have a leg to stand on.
>         Someone photographing you from across a room is not at all the
>         same as a paparazzi in your face after having followed you for
>         miles, pushing up on you. And furthermore, often those
>         paparazzi are in fact awarded damages and successfully push
>         assault charges against those people who break their cameras
>         (I know and occasionally work with a lot of people who
>         otherwise work as paparazzi and other types of investigative
>         journalists who push the boundaries of public photography vs.
>         stalking.) So your "some tv news cameramen i talked to" advice
>         goes directly in the face of the professional advice and
>         knowledge I have learned from our legal team and other
>         professional colleagues. 
>         
>         Secondly: noisebridge isn't at all like peet's, which is
>         private property that provides a for money service to the
>         public. Peet's is not actually public space, because you are
>         required to purchase goods or services in order to use their
>         space. This means you need permission to photograph anything
>         that is not in public view on the premises (ie i can still
>         stand outside on the sidewalk and shoot through the windows
>         all I want, but if I want to photograph inside I would need
>         permission.) Noisebridge is much more like the lobby of a
>         corporate building, a private property which is held as a
>         private lease, but is open as public access space without fees
>         or money changing hands. These are two very different entities
>         legally speaking as far as photography goes. The way the judge
>         will view it is if the property is open to the public at large
>         without needing a payment of a sorts (either via goods or
>         services) to access it, if this is true, then it is considered
>         public space (regardless of it's other status as using a
>         privately held lease) and photography is permitted in there.
>         This is why journalists are allowed to follow people into
>         office building lobbies, but then cannot follow into the
>         offices of people (because those offices are not open to the
>         public, and therefore are not public space. tho they could
>         shoot through any open doors or windows) The corollary to this
>         of course being that if you don't like someone photographing,
>         if you have the authority in that space you could always ask
>         them to leave, however you cannot actually stop them from
>         taking pictures or demand they remove/delete the images from
>         their drives. This has held up in court repeatedly, including
>         repeatedly in SF down at 555 California (where a lot of
>         politicians and other famous sf people have offices) in their
>         public square/lobby area. The only thing you aren't in fact
>         allowed to photograph in public are things which violate other
>         kinds of privacy, for instance someone's pin number. If
>         someone was able to prove that you photoed or videoed their
>         pin number that is considered a breach of privacy regardless
>         of whether it happened in public (and this is how those people
>         who lay out pinhole cameras over ATMs get tagged.) The same
>         for trying to photo someone's weiner in a public restroom
>         (topical reference.)  
>         
>         Now, all of this is hypothetical at best, but I am pretty
>         solid on the viewpoint that if i were to photograph you at
>         Noisebridge, and you broke my camera, the judge would
>         absolutely award me for damages and knock you for destruction
>         of property, and potentially assault if you actually grabbed
>         it out of my hands. 
>         
>         
>         On Mon, Jan 14, 2013 at 8:03 PM, Gopiballava Flaherty
>         <gopiballava at gmail.com> wrote:
>                 Yes, there are situations in which a person with a
>                 camera could be a legitimate threat. But your initial
>                 description was not one of those situations. The
>                 scenario you described could easily occur without the
>                 photographer even knowing they were doing something
>                 wrong. Your invitation said it was ok to vandalize
>                 *anybody's* equipment for taking a photo. How many
>                 visitors to NB know about the no photo rule?
>                 
>                 
>                 Your claim about the right to stand your ground is in
>                 conflict with what I learned in class in PA, but it is
>                 possible that CA law is different. In most cases when
>                 you are not in your house you have a duty to retreat
>                 if you can do so safely. The duty to retreat is
>                 normally conditional on knowing that you can do so in
>                 complete safety to yourself and others. That's a high
>                 standard and probably one that can't be met when
>                 you're in a room with somebody at NB. Retreat in a
>                 small room makes no sense.
>                 
>                 
>                 Celebrities do get in trouble for destroying cameras:
>                 
>                 
>                 http://www.epagini.com/2010/05/sean-penn-got-3-years-probation/
>                 
>                 
>                 http://cdn.mediatakeout.com/26565/breaking-news-kanye-arrested-for-fighting-with-paparazzi.html
>                 
>                 What you also probably don't hear about is when a
>                 celebrity smashes a camera, and then their publicist
>                 calls the photographer and offers to take them on a
>                 camera shopping trip in exchange for no police report.
>                 I don't actually know how often that happens but it
>                 seems like a likely scenario. 
>                 
>                 
>                 
>                 Thanks,
>                 
>                 
>                 gopi at iPhone
>                 
>                 
>                 
>                 On Jan 14, 2013, at 18:10, maestro
>                 <maestro415 at gmail.com> wrote:
>                 
>                 
>                 > *an excellent and
>                 > non-antagonistic/non-judgemental/non-drama response
>                 > with references...
>                 > 
>                 > *a caveat to your info is that "when accosted by a
>                 > device of any nature in someone's hand(s) or on
>                 > their person it can be considered a weapon and/or
>                 > mode of threatening the security of your person" and
>                 > you have the un-alienable right to stand your
>                 > ground...
>                 > 
>                 > *a really good example of this is the tv 'news'
>                 > cameramen that have told me honestly and it has been
>                 > backed up by a couple judges that if they get right
>                 > in someone's face with their camera the person can
>                 > totally throw the camera down without prejudice or
>                 > liability...
>                 > but of course they rely on most not knowing this and
>                 > sometimes consider the shot(s) worth the damage
>                 > since they don't pay for it anyway...
>                 > 
>                 > *in other cases judges rarely rule against someone
>                 > being stalked by individuals or paparazzi and there
>                 > have been many cases of paparazzi's gear being
>                 > 'disabled' at no liability to the defendant(s)...
>                 > 
>                 > *yes, there is a 'grey area' about noisebridge as
>                 > the public is welcome to come in BUT it is a
>                 > privately held lease with a core private membership
>                 > on private property sooo...
>                 > it makes it 'technically' not public (like peet's
>                 > coffee et.al)
>                 > think of it like a park on private property...
>                 > 
>                 > at the end of the day,
>                 > beings secretly photographing people and seeking to
>                 > create name lists is the total polar opposite of
>                 > what NB is all about and makes A LOT of beings that
>                 > would normally come by and do/share/create kewl
>                 > things...NOT.
>                 > but it does reflect the agenda of what's going on
>                 > across OUR country and the desire to manifest a
>                 > stazi-like environment...
>                 > 
>                 > in the past there were fucked up trolls doing/trying
>                 > to do  facial recognition(leo'esque) on beings at
>                 > the space...
>                 > 
>                 > and someone invited a federal agent(that showed
>                 > their badge) in at the bottom door(with no warrant),
>                 > gave them a tour, offered them cookies and coffee,
>                 > and...
>                 > 
>                 > 
>                 > 
>                 > message ends
>                 > ___________________________________________________________________________________________
>                 > 
>                 > 
>                 > 
>                 > 
>                 > 
>                 > On Mon, Jan 14, 2013 at 1:17 PM, hep
>                 > <dis at gruntle.org> wrote:
>                 >         actually they can sue you. your right is
>                 >         that they cannot monetize your image, ie
>                 >         sell it, without having you release your
>                 >         rights to not have your image sold. but
>                 >         anyone can take a picture of you in any
>                 >         public place (noisebridge would count as
>                 >         public since it is specifically open to the
>                 >         public at large, and for the public use. it
>                 >         falls in the same category as malls), and
>                 >         you do not in fact have the right to break
>                 >         their camera or demand they delete the
>                 >         photos. if you do break their camera they
>                 >         can in fact have you arrested for theft, and
>                 >         can in fact sue you to replace the camera
>                 >         and any other damages that may occur. if
>                 >         they are a professional photographer and had
>                 >         images on it they obtained rights to and
>                 >         planned on monetizing they can sue you for
>                 >         the lost value as well. 
>                 >         
>                 >         
>                 >         From Andrew Kantor's excellent photographers
>                 >         rights essay: 
>                 >         
>                 >         "Further, they cannot demand your camera or
>                 >         your digital media or film. Well, they can
>                 >         demand it, but you are under no obligation
>                 >         to give it to them. In fact, only an officer
>                 >         of the law or court can take it from you,
>                 >         and then only with a court order. And if
>                 >         they try or threaten you? They can be
>                 >         charged with theft or coercion, and you may
>                 >         even have civil recourse. Cool. (For
>                 >         details, see "The Photographer's Right.")
>                 >         
>                 >         It gets better.
>                 >         
>                 >         You can take photos any place that's open to
>                 >         the public, whether or not it's private
>                 >         property. A mall, for example, is open to
>                 >         the public. So are most office buildings (at
>                 >         least the lobbies). You don't need
>                 >         permission; if you have permission to enter,
>                 >         you have permission to shoot." 
>                 >         
>                 >         
>                 >         
>                 >         http://usatoday30.usatoday.com/tech/columnist/andrewkantor/2005-12-29-camera-laws_x.htm
>                 >         
>                 >         http://content.photojojo.com/tips/legal-rights-of-photographers/
>                 >         
>                 >         
>                 >         
>                 >         
>                 >         
>                 >         
>                 >         
>                 >         On Mon, Jan 14, 2013 at 12:55 PM, maestro
>                 >         <maestro415 at gmail.com> wrote:
>                 >                 
>                 >                 
>                 >                 ---------- Forwarded message
>                 >                 ----------
>                 >                 From: maestro <maestro415 at gmail.com>
>                 >                 Date: Mon, Jan 14, 2013 at 12:55 PM
>                 >                 Subject: Re: [Noisebridge-discuss]
>                 >                 sleeping in turing
>                 >                 To: Jake <jake at spaz.org>
>                 >                 
>                 >                 
>                 >                 bullshit.
>                 >                 although NB doesn't have 'rules' per
>                 >                 literal definition,
>                 >                 it has ALWAYS been policy NOT to
>                 >                 take photos in the space without
>                 >                 asking and/or announcing you are
>                 >                 doing it and what for, or someone
>                 >                 else has put something on the list
>                 >                 that people are coming to space and
>                 >                 will be filming/photos like mitch
>                 >                 does when he sends folks on by the
>                 >                 space....
>                 >                 
>                 >                 
>                 >                 this is most UNEXCELLENT and fucking
>                 >                 lame and not the first time this
>                 >                 person has suggested doing it...
>                 >                 still haven't found out what 'kind'
>                 >                 of badge he has or reports to, if
>                 >                 anyone knows please make it
>                 >                 public...
>                 >                 
>                 >                 
>                 >                 i invite anyone and everyone who
>                 >                 catches anyone taking pictures of
>                 >                 people WITHOUT their knowledge and
>                 >                 permission to grab the camera, take
>                 >                 it straight to the dirty room or
>                 >                 wherever, and get to pounding it
>                 >                 into e-waste making sure you have
>                 >                 destroyed the disc and/or film...
>                 >                 
>                 >                 
>                 >                 and this is your right by the way
>                 >                 and NO, they can't sue you so no
>                 >                 worries (great hacking too)...
>                 >                 
>                 >                 
>                 >                 sleepers can be dealt with in many
>                 >                 other ways...
>                 >                 fascinating that beings would need
>                 >                 to be told how but here are just a
>                 >                 few starters *
>                 >                 *1st time merely quietly wake them
>                 >                 and calmly say IN A COOL WAY "hey,
>                 >                 just letting you know the house
>                 >                 doesn't want people sleeping and i'm
>                 >                 just letting you know before others
>                 >                 come and snap/yell at you..."
>                 >                 *walk by clapping loudly, clearing
>                 >                 your bronchial cavity, or singing
>                 >                 *move one of the portable audio
>                 >                 devices next to them and put on the
>                 >                 spanish or chinese station for 3
>                 >                 minutes (if they haven't risen start
>                 >                 dropping books)
>                 >                 
>                 >                 
>                 >                 been said way too many times already
>                 >                 but getting rid of ALL the couches
>                 >                 WILL deplete number of sleepers,
>                 >                 bedbugs, stank, and filth
>                 >                 immediately...
>                 >                 
>                 >                 
>                 >                 
>                 >                 
>                 >                 message ends
>                 >                 _______________________________________________________________________________________
>                 >                 
>                 >                 
>                 >                 
>                 >                 
>                 >                 
>                 >                 
>                 >                 
>                 >                 On Mon, Jan 14, 2013 at 11:19 AM,
>                 >                 Jake <jake at spaz.org> wrote:
>                 >                         Jim (and everyone else who
>                 >                         finds sleepers)
>                 >                         
>                 >                         Next time, please get
>                 >                         pictures and/or names!
>                 >                         
>                 >                         it's not that hard, and it
>                 >                         will help us deal with
>                 >                         repeat offenders.
>                 >                         
>                 >                         keep in mind that squatters
>                 >                         are taking advantage of the
>                 >                         fact that we are not good at
>                 >                         tracking them because many
>                 >                         hackers prefer to avoid
>                 >                         awkward social interactions.
>                 >                         
>                 >                         Do it!  Ask them their name,
>                 >                         so you can post it to this
>                 >                         list.  If they are asleep or
>                 >                         pretending to be asleep (a
>                 >                         common tactic) take a photo,
>                 >                         and post it to this list.
>                 >                         
>                 >                         -jake
>                 >                         
>                 >                         
>                 >                         Jim wrote:
>                 >                             I got here around 9:15
>                 >                         AM and went into
>                 >                         the Turing classroom. The
>                 >                         door was closed
>                 >                         and the air smelled like
>                 >                         fice-hour farts.
>                 >                             Two guys seems asleep,
>                 >                         one had just left
>                 >                         the room, one was sitting in
>                 >                         a heap on the
>                 >                         floor and one was in a
>                 >                         chair, kind of dazed.
>                 >                         
>                 >                             Not excellent in my
>                 >                         view.
>                 >                         jim the snitch
>                 >                         
>                 >                         _______________________________________________
>                 >                         Noisebridge-discuss mailing
>                 >                         list
>                 >                         Noisebridge-discuss at lists.noisebridge.net
>                 >                         https://www.noisebridge.net/mailman/listinfo/noisebridge-discuss
>                 >                         
>                 >                 
>                 >                 
>                 >                 
>                 >                 
>                 >                 _______________________________________________
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>                 >                 Noisebridge-discuss at lists.noisebridge.net
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>                 >                 
>                 >         
>                 >         
>                 >         
>                 >         
>                 >         -- 
>                 >         hep
>                 >         hepic photography || www.hepic.net
>                 >             dis at gruntle.org || 415 867 9472 
>                 > 
>                 > 
>                 > _______________________________________________
>                 > Noisebridge-discuss mailing list
>                 > Noisebridge-discuss at lists.noisebridge.net
>                 > https://www.noisebridge.net/mailman/listinfo/noisebridge-discuss
>                 > 
>                 
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>                 
>         
>         
>         
>         
>         -- 
>         hep
>         hepic photography || www.hepic.net
>             dis at gruntle.org || 415 867 9472 
>         
>         _______________________________________________
>         Noisebridge-discuss mailing list
>         Noisebridge-discuss at lists.noisebridge.net
>         https://www.noisebridge.net/mailman/listinfo/noisebridge-discuss
>         
> 
> 
> 
> 
> -- 
> Ronald Cotoni
> Systems Engineer
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