Law & Law Enforcement

Photography Ethics, Richard Prince And NFTs, Whatever The Hell They Are

/ Jack Marshall / 10 Comments

NFT big

Since late last month, April 25 in fact, I have been periodically researching the topic of NFTs or “nonfungible tokens“. The damn things were back in the news yesterday when a digital-only photograph of supermodel Emily Ratajkowski standing in front of a photograph of herself with a smaller, different photograph of herself in the corner sold at auction at Christie’s for $140,000 ($175,000 after fees). Here’s Yahoo!’s description:

“It’s not that the photo can be seen only by the buyer or even that the buyer can physically mount it in a frame (though one supposes the buyer could project it on a wall or screen and put a frame around the projection); it’s that the equivalent of the certificate verifying the authenticity of the digital file of the main photo is unique. It’s really the certificate that cannot be replaced exactly by a copy….NFTs have recently enjoyed a heyday. Nonfungible.com, which tracks such sales, shows massive spikes through the first quarter of 2021 over the last quarter of 2020, with sales volume reportedly in the range of $2 billion already this year.“

Right. I can read that over and over, and it still makes no sense. As far as I can tell, these are like digital tulip bulbs from the Dutch tulip craze crossed with cyber-currency, and people who have so much money they don’t know what to do with it are buying what amounts to metadata as investments. But I may be completely wrong. I eventually gave up on trying to understand NFTs when my sock drawer started looking taking to me.

There is are underlying ethics issues, however. Ratajkowski created her NFT in part to troll Richard Prince, a photographer who has exploited the blurry ethics and copyright laws involving photography to make a lot of money and to infuriate many people, especially celebrities like Ratajkowski. Prince is the master of the digital age of Appropriation Art. When Andy Warhol essentially copied the design of a Campbell’s Tomato Soup can and made millions from it, that was the beginning of the trail of metaphorical bread crumbs that led to Prince. Thousands of photographs are placed online every day and appear all over the web, to be copied and re-used in on Pinterest, Instagram, Facebook and many other cyber-spaces. It is often impossible to track down the original photograph or its source even if one wants to give it attribution or ask permission to use it from the creator—this is something I do know something about, as I deal with it every day. Taking an individual’s image, however, treating it as one’s own and selling it is widely regarded a breach of photography ethics, and arguably a breach of law. “Fine Art,” however, creates a large loophole, and in the loophole dwells the much despised Richard Prince.

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A Scandal That Compels The Question: If This Can Happen, What Other Ethics Rot Lurks In The Justice System?

/ Jack Marshall / 3 Comments

Texas attorney Weldon Ralph Petty Jr was a busy guy at the Midland County courthouse. By day he appeared before judges as an assistant district attorney. By night, he worked as a law clerk for some of the same judges, sometimes advising them regarding the criminal cases he was prosecuting. This went on for more than a decade.

You don’t have to be a legal ethics whiz to figure out that such conduct isn’t ethical. Prosecutors are barred from privately communicating with judges about cases or matters even indirectly related to their cases. Judges and their clerks are forbidden from disclosing the discussions and in chambers considerations regarding cases to prosecutors or defense attorneys.

Thus Petty, 78, was flagrantly violating ethics rules by simultaneously acting as a prosecutor and a paid adviser to supposedly impartial judges, who were also breaching judicial ethics to a spectacular degree by allowing him to do so. A February story published by USA Today first reported that Petty was paid by judges as a clerk in at least 350 cases from 2001 until his retirement as an assistant district attorney in mid-2019. Seventy-three defendants, maybe more, that Petty prosecuted are in prison. A court opinion issued April 28 calls for overturning Midland County’s only death penalty case due to Petty’s prosecutorial misconduct and the judge’s failure to recuse himself, so Clinton Lee Young, who has been on death row since Petty prosecuted him in 2003, will get a new trial.

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Saturday Ethics Spasms, 5/15/21: Are You Reading This? I Don’t Want To Know!

/ Jack Marshall / 15 Comments

Well, I’ve solved the annoying traffic problem on Ethics Alarms: I’m not checking the traffic any more. It doesn’t affect anything but my ego and enthusiasm. My ego is a lifetime problem, but my enthusiasm is important, and there’s no reason to deliberately upset myself. I kicked the traffic in the metaphorical solar plexus by being such a health-weenie the last couple of weeks, but I have to just focus on content, trying to maintain variety, and staying dedicated to the mission here. William Saroyan, with whom I have more in common than is good for me, liked to say that an artist has not lived in vain if one human being sings his song. I’ve always tried to act as if I believed him, and it’s high time that I really did.

1. President Biden and I agree on this, at least. The President put the kibosh on President Trump’s half-baked—maybe 25% baked—National Garden of America Heroes project. Good. I explained why this was bad history and a waste of time and money here.

In Trump’s defense, at least his worst ideas didn’t cost trillions of dollars…

2. Nah, there’s no mainstream media bias! Most media outlets are parroting this, from NASDAQ:

“Consumer sentiment in the U.S. has unexpectedly decreased in the month of May, according to preliminary data released by the University of Michigan on Friday.The report showed the consumer sentiment index dropped to 82.8 in May from 88.3 in April. The decrease surprised economists, who had expected the index to rise to 90.4.”Consumer confidence in early May tumbled due to higher inflation–the highest expected year-ahead inflation rate as well as the highest long term inflation rate in the past decade,” said Surveys of Consumers chief economist Richard Curtin.”

Unexpectedly? After the new administration has behaved as if the national debt was in Monopoly money,the Left slow-walking the opening up of the economy when it should never have been shut down, and the enthusiastic socialists who write the checks paying Americans not to work? Are economists that stupid, or do they just think the public is that stupid?

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Monday Morning Ethics Warm-Up, 5/10/2021: “Help! Every Ethics Story I Find Makes Me Want To Jump Into My Shredder!”

/ Jack Marshall / 14 Comments

Remember that Ethics Alarms is dependent on its many scouts, tipsters, fans and friends to keep the content varied and enlightening. As it is I can’t keep up, and having to engage in principled boycotts of unethical news sources (CNN, MSNBC, NPR, Fox News, ESPN, ABC and more) has made research more difficult, since even these blighters of the culture occasionally have something useful to report. Positive stories, those that tell me that society may be heading into the light rather than slithering into the darkness, have been in especially short supply lately, or if they have not, I’m not seeing them.

Speaking of seeing, maybe one reason I am in a rotten mood is that my wife decided that the perfect way to begin the week was by watching the 2008 Canadian film “Blindness,” a smug, would-be ethics film in which much of the world is suddenly rendered sightless by a mysterious pandemic. The movie’s villain is a blind man with a gun, who declares himself “king;” Julianne Moore plays an ophthalmologist’s wife who pretends to be blind so she can stay with her sightless husband as the stricken are rounded up by the government; and the plot has developments like this (from the Wikipedia plot summary):

“A man with a handgun appoints himself “king” of his ward, and takes control of the food deliveries, first demanding the other wards’ valuables, and then for the women to have sex with their men. In an effort to obtain necessities, several women reluctantly submit to being raped. One of the women is killed by her assailant, and the doctor’s wife retaliates, killing the “king” with a pair of scissors. In the ensuing chaos, the building catches fire, with many inmates dying. The survivors who escape the building discover that the guards have abandoned their posts, and they venture out into the city. Society has collapsed, with the city’s population reduced to an aimless, zombie-like struggle to survive.”

Amusingly and predictably, the movie was attacked by organizations representing the blind.

It made me wish I was blind while I was watching it.

1. Wow…the New York Times really is sticking with the debunked “1619 Project” narrative! Nick Rojas writes this in a Times news story:

“The Three-Fifths Compromise, an agreement reached during the negotiations in 1787 to create the United States Constitution, found that, for the purposes of representation and taxation, only three-fifths of a state’s enslaved people would be counted toward its total population. It is regarded as one of the most racist deals among the states during the country’s founding.“

The Three-Fifths Compromise was not racist, and it is only notorious to the historically ignorant and those who have deliberately misrepresented the facts to advance Critical Race Theory. Giving full representation to slaves in the Southern states would have vastly increased the slave states’ power, and made it more difficult to keep slavery from spreading. Historians are mostly in agreement that the compromise was ultimately in the long-term interests of black Americans and began the process leading to emancipation.

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Weekend Ethics Frolics, 5/9/2021: Birthing Persons Day Edition

/ Jack Marshall / 13 Comments

Frolicking

Surely you have heard by now that a few addled Democrats in Congress have begun using the hilarious term “birthing people” to describe mothers. This is in order to pander to the trans population, because the special problems of this tiny minority are worth turning the entire culture inside out and upside down. So far it’s three certifiably silly people on the Hill whose credentials as ethics dunces are unusually strong, even for Congressional Democrats (the links go to signature significance EA posts: Senator Cory “Spartacus” Booker , certifiable Rep. Ayanna Pressley, previously heard arguing that “girls” have a right to attack other girls with knives “uninterupted”, and the spectacularly unqualified Rep. Cori Bush, who was supposedly on Biden’s short list for VP, which is terrifying—yes, even more terrifying than Kamala Harris:

birthing person tweet 1Birthing person 2

This is fascinating from an ethics perspective, specifically the slippery slope. The Great Stupid that has descended over the land, with special focus on progressives, has led to vocal support for so many ridiculous ideas—defunding the police, paying people more to stay out of work than to have jobs, open boarders, electing Joe Biden, packing the Supreme Court, and more—that the once fairly bold line between “progressive” and “batshit crazy” appears to have been erased. At some point, and maybe “birthing people” is it, even left-tilting Americans will wake up and say “Whoa! These are wackos!”

And indeed they are.

1. Also from the “What an idiot!” files…On baseball and Giants’ Hall of Fame immortal Willie Mays’ 90th birthday last week, House Speaker Nancy Pelosi’s Twitter account posted a picture of Willie McCovey. Willie Mays is a national icon, probably the greatest African-American baseball player of all-time, and any American, especially any American elected official, who does not know what he looks like is too ignorant of America’s culture and history to serve competently. (I’m only exaggerating a little.) Not only is this an insult to the Say Hey Kid (What does that nickname mean, Nancy? Huh? Come on, you represent San Francisco!), it’s the kind of “they all look the same to me!” mistake that white officials are typically savaged for, as when Senator Rubio mixed up Rep. John Lewis with Rep. Elijah Cummings. At least Cummings and Lewis looked a little bit alike. McCovey, who was also a Hall of Fame slugger and who also played for the Giants,

Willie McCovey Holding Baseball Bat

looked nothing like Willy Mays…

Willie-Mays-US-2155529

…and to make the distinction easy for baseball ignoramuses, Willie McCovey is DEAD.

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The Rest Of The Story: The Cop Who Shot Rayshard Brooks Is Reinstated, But Atlanta’s Disgrace And The Stench Of Presumed Racism Lingers On

/ Jack Marshall / 18 Comments

14vid-brooks-4-cover-final-superJumbo

Way back in June of 2020, I watched this fiasco develop. Rayshard Brooks, a black man who was arrested by police for being drunk (35% over the legal limit) and passed out in his car, blocking a Wendy’s drive-up lane, was shot and killed in a subsequent confrontation with police in Atlanta. A mostly peaceful protest of BLM types ensued, with the Wendy’s being set on fire, since it was all Wendy’s fault. The Atlanta Chief of Police quickly resigned, the coward. Atlanta’s race-baiting mayor Keisha Lance Bottoms then pronounced the police officer who fired the fatal shots, Garrett Rolfe, guilty before knowing what happened—of course she did— and demanded that he be terminated with no investigation and no due process.

I wrote at the time,

“Last night’s incident began about 10:30 p.m. outside a Wendy’s  on University Avenue. Wendy’s employees called the police after receiving a complaint about a man asleep in his vehicle in the Drive-in line, which forced other customers to go around his car to get their food at the window. 

Responding to the call was the police’s first mistake. They should have asked if the man was black, and upon receiving an answer in the affirmative, should have told Wendy’s, “Sorry, you’re on your own.  We’d deal with it if the guy was white, but we can’t afford any situation these where a black guy might get gets hurt. Let him sleep it off. ‘Bye!” I’m completely serious. Any police department that isn’t under standing orders to let black lawbreakers at any level  just go about their anti-social, illegal business without police intervention is asking for a disaster.

The sleeping man, Atlanta resident Rayshard Brooks, was roused by the police and given a field sobriety test. He was drunk. After failing the test… Brooks was told that he was being taken into custody. NOOOOO! The odds were that he would resist, and this is how so many of these encounters go out of control. Again, the police should have just let him go.

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More On The “Anti-Asian Hate” Wave

/ Jack Marshall / 11 Comments

tsunami

The “wave of anti-Asian hate” narrative is quickly transitioning into a Big Lie, and like so many of the Big Lies that have their origins in the desire to crush Donald Trump and his followers, this one is being eagerly aided and abetted by the news media.

What’s going one here? The news media sees it as advantageous to the fortunes of its beloved Democratic Party to make certain that Asian-Americans line up with the collections of aggrieved groups that give the progressives their mojo, particularly in the demonizing of whites. The fact that a disproportionate number of the attacks on Asian-Americans have been perpetrated by African-Americans is inconvenient, so the news stories just don’t mention that. Since Donald Trump is the imaginary vendetta’s official source—he’s a racist, see (See Big Lies of the Resistance #4) and insisted on calling the pandemic virus that originated in China a Chinese virus—the alleged “hate crimes” are based on white supremacy.

Jeez, try to keep up, will ya?

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Wait…Why Does Facebook Allow Non-Americans To Censor Our Political Discourse?

/ Jack Marshall / 9 Comments

That’s impressive: Facebook’s “quasi-independent” review board is even more unethical than I thought.

That board’s membership was in my print version of the New York Times yesterday. If it’s on the web, it’s too well hidden for me, but here is the disturbing part: on the 20 person board, 15 of the “‘experts” don’t live in the United States of America.

Let’s make this clear: as Tom Slater of “Spiked!” correctly points out, Facebook’s banning of Trump ‘represented one of the most terrifying corporate interventions into democratic politics in recent memory. In removing Trump from its platform, used by around 70 per cent of adult Americans, Facebook was effectively standing between a president and his people, depriving him of access to what now constitutes the public square. This is an assault on democracy that makes the surreal storming of the Capitol pale into insignificance.”

Exactly. And to review a decision with massive consequences for our nation and its public, Facebook turns to distant arbiters who 1) have no stake in the fate of the United States at all and 2) lack the cultural values unique to this country of treasuring and protecting free speech and expression.

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Evening Ethics Cool-Down, 5/5/21: Toyota, Patents, And The Cheating Homecoming Queen

/ Jack Marshall / 16 Comments

Frozen-Jack-Nicholson

I don’t want to over-use the “This Date In Ethics” concept, but attention must be paid: this was the day, in 1961,that Navy Commander Alan Bartlett Shepard Jr. boarded the Freedom 7 space capsule to becoming the first American astronaut to travel into space.

In these times where so many aspects of our culture are working to imbue Americans with fear of living, when people wear masks in their cars and teachers are willing to cripple both the economy and children’s education to minimize their risk of catching a virus, it should be remembered that a young, healthy man risked his life and the chance of a fiery death to advance America’s science and the spirit of exploration.

1. For some reason (Cognitive dissonance?) I haven’t been checking Althouse as often since she decided that her readers were hogging too much attention on her blog by insisting on posting comments. She still has an admirable talent for cutting through the BS. Reacting to today’s announcement that Facebook’s “quasi-indepedent” board upheld FaceBook’s partisan and anti-democratic ban on Donald Trump’s posts. Ann writes, “I’m not surprised. If the decision had gone the other way, Facebook could have found some new offense and banned him again.”

Not could have, though; would have.

2. How is this fair or equitable? Once again, Toyota is giving a special discount to “recent college graduates.” This is, of course, ham-handed pro-college virtue-signaling, but wouldn’t you guess that non-college grads of the same age need such discounts more? In the TV ad, we see a nice, upper-middle class white girl from childhood to college—it sure looks like her parents can afford a car…or she can afford a full-price cheaper car. Interestingly, this is one of the relatively few TV ads running now that dares to feature a white character who doesn’t at least mitigate her ingrained evil by being part of a mixed-race family.

Special deals on products and services for special categories of Americans—yes, even veterans—are divisive and incoherent.

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