On 03/01/2024 11:42, Norman Wells wrote:
> Yet more evidence of rejections in ulm occurring for spurious,
> unsupportable and probably entirely personal reasons.
>
> Apparently, it's not now allowed to reply to or, worse, disagree with,
> any moderator in ulm without being rejected on the new catch-all ground
> of 'not new', which of course never applies to their own posts.
>
> So, allow me to continue the discussion here with a second rejected post, free from such absurd censorship:
On 02/01/2024 23:28, Simon Parker wrote:
> On 01/01/2024 11:33, Norman Wells wrote:
>> On 01/01/2024 09:57, Simon Parker wrote:
>>> On 24/12/2023 21:33, Norman Wells wrote:
>
>>>> My posts have been perfectly accurate, thank you. What do you
think was wrong with any of them?
>>>
>>> We could start with your claim that the work was by Tom Lehrer
because that's what ChatGPT told you.
>>>
>>> Even though you were merely parroting the words of ChatGPT,
>>
>> Exactly. In quotation marks. With the ChatGPT attribution. It
wasn't *my* claim, nor was it in fact a claim at all that it was a work
by Lehrer. It was a claim that "The quote is often attributed to the
American ... Tom Lehrer", which I (and you) have no reason to doubt.
>>
>> So, do please refrain from misrepresentation and exaggeration.
>
> In one of the Auriol Grey threads [1], I made a post [2] in which I
quoted a section [3] from the CPS' Guidance of Homicide, Murder and
Manslaughter and provided a link to the source material from which I was
quoting [4].
>
> I prefaced my quoting of the CPS guidance material with a comment
indicating I was quoting from a third-party source [5], began the quoted
text with a "<quote>" marker and ended it with an "<end quote>" marker.
>
> Finally, I included a sentence indicating that the quoted text
included numerous case citations and that "The majority of the cited
cases are linked at the source material and need to be read to obtain an
accurate understanding of the material." [2]
>
> Despite this, on numerous occasions [6] you insisted that I had cited
'R v Larkin' because it was included within the CPS' source material
which I had quoted.
>
> So insistent were you with the claim that in quoting the material
from the CPS (which included a reference to R v Larkin) *I* had cited R
v Larkin, you repeated the claim in posts you made to UNNM too [7].
>
> In one message [8], you said concerning your claim that I had cited
'R v Larkin' merely because it was within the source material from the
CPS which I had quoted: "Without doubt, you cited it."
>
> If my quoting material from the CPS, which included a reference to 'R
v Larkin', is "without doubt" me citing the case, please explain how you
quoting something from ChatGPT isn't you making a claim.
>
> Either you were engaging in "misrepresentation and exaggeration" when
you claimed numerous times in multiple newsgroups that I had "without
doubt" cited 'R v Larkin' or you are wrong in insisting that material
you quoted from ChatGPT is not your claim. Please clarify in which of
the two scenarios you were wrong so that I know for future reference.
Once again, you've taken your eye off the ball.
What was important earlier was what R v Larkin had to say, not who cited
it. Here, the important point is that what Mr Perry reproduced is a
copyright work. Who actually wrote it originally, or even who owns it
now, is unimportant to the discussion unless he chooses to make it so as
part of his excuse.
>>> it is clear that neither you nor ChatGPT are familiar with Tom
Lehrer or you would have been aware of the statement he issued on the
26th November 2022 concerning copyright in his works (Spoiler Alert: it
finished with the words: "So help yourselves, and don’t send me any
money.").
>>>
>>> If, and that's a big if, the claim that the work was by Tom Lehrer
was correct, he would be the last person to pursue a copyright claim for
posting his works as he has permanently and irrevocably relinquished all
copyrights in his works.
>>
>> Fine. If that's the defence Mr Perry wishes to invoke, it's for him
to establish that the work was in fact by Lehrer, which he has actually
denied and argued against.
>
> You seem to be labouring under the misapprehension that your claims
here in this quiet and forgotten little corner of the Internet have
meaning. Even if they did have meaning, (Ed: they don't!), the fact that
your claims are completely unsupported makes them irrelevant.
They're hardly unsupported.
He has been accused here, and not just by me, of copyright infringement.
There's a very, very good prima facie case of that. He has reproduced
a work here that is undoubtedly recent enough to be still in copyright,
and seemingly had no authorisation to do so.
> In short, Roland does not need to "invoke" any "defence" as he has
not been charged with anything nor is he in receipt of a court filing to
which a response is required.
You don't seem willing to consider theoretical cases or matters of
principle, which is a bit of a shame in a discussion forum, especially
one concerning legal matters where such discussions are grist to its mill.
Of course, he doesn't have to respond here unless he wants to clear his
name. He may get away with it if he keeps his head down, as he has been
doing. But it would be normal in a discussion to put his side of the
story so that the accusation, if unfounded, doesn't go uncontested.
Your only argument on his behalf seems to be that, if Mr Lehrer wrote
the article, just as the ChatGPT quote indicated was a common
attribution, he had given implied consent anyway by putting his works
into the public domain in the USA. But neither you nor he has admitted
(or established) that Mr Lehrer wrote it, and in fact both of you have
argued that the contrary is true. So, there's a gaping inconsistency in
what you're saying.
If he didn't write it, the copyright in it must belong to someone else.
Maybe, since you've referred to the article's apparent origin in Spy
Magazine, it belongs there. Maybe the copyright belongs still to its
original author, whoever that may be. It doesn't matter. The
overwhelming probability is that it is a copyright work owned by
someone, and that unauthorised reproduction of it is an infringement of
that copyright.
The burden therefore shifts to Mr Perry or his appointed representative
to counter that.
Can you do so?
>> Not that it's necessary to identify any author in a clear case of
infringement by copying. That's for the alleged infringer as his
defence, not the accuser.
>
> All we need now is a party with locus standi to launch an action
seeking legal remedy.
Or a convenient discussion forum in which we can reasonably discuss it.
Oh, look ...
> If you believe you have sufficient connection to and have suffered
demonstrable harm from the action you are attempting to challenge,
please adduce it to demonstrate support for your participation in the
discussion.
That's not necessary here.
>>>>> The earliest attribution I can find is from (the now defunct) Spy
magazine from February 1991:
>>>>>
>>>>>
https://books.google.co.uk/books?id=cZjZqaqi3TUC&lpg=PP1&pg=PA50&redir_esc=y#v=onepage&q&f=false
>>>>
>>>> Well, jolly good. But what does that prove?
>>>
>>> It proves that real research is far more useful than asking ChatGPT
for an answer which, even if should it have turned out to be correct,
only proved that the statement it was being used to support was itself
wrong.
>>
>> How does it prove anything of the sort?
>
> It was a link to a copy of a dated magazine in which I believe the
article first appeared, a fact confirmed by another poster that
referenced a popular fact-checking web-site in his post.
In which case, Mr Perry's reproduction of it is an even more blatant
infringement of copyright, given that the magazine has clear copyright
notices on it. What excuse does he, or can he, have?
> As I have said previously, firing a question into ChatGPT is no
substitute for real research. I invite you to continue proving my point
for me should you feel a compulsion to reply.
>
> Or you could accept that your Tom Lehrer horse is dead and you can
stop flogging it.
So, you're now abandoning the defence that Mr Lehrer implicitly
consented to the article's reproduction.
Fine. All you have to do now is say why Mr Perry's reproduction of it
is not an infringement of whoever's copyright it is.