No, I'm emphasizing that freedom is the right to CHOOSE whether you want to hear it or listen to it.Loomis wrote: Again, you seem to be emphasising that diversity and freedom are the rights to NOT hear something.
Do they have that right? Debatable. It's really no different than a viewer using the mute button when they are in their house. True, their may be a legal case with this machine. The precedent you cited may lend itself to that case. But this isn't something that's being indefinitely censored or edited. The work itself is being presented to the public and the consumers in tact, as it was made. The viewer is then choosing to edit it for themselves (yeah, the machine makes the decision- but that's more or less semantics... the consumer knows what's being edited out and consents to it). It would be interesting to follow that in court.Loomis wrote:You say that Papa Bear is exercising his right to view movies the way he wants to. What about the rights of the filmmakers to have everybody who views the film seen in the way that they intended it?
That settles it. OAR should be enforced by law.Loomis wrote:The U.S. Congress and the Supreme Court have upheld that this is to "prevent any intentional mutilation or distortion of the work ". This would include any "edited publications" (in this case, publication would be the act of screening it).
The machine is simply carrying out the wishes of the viewer, much like the remote control does when the viewer hits the mute button. The medium used doesn't make it any different. The intention here was to prevent the public from being denied the author's intended work, and to keep the author's work from being maligned- not to prevent them from making personal decisions on their viewing preferences. The machine isn't maligning anything. Sure, it's programmed to follow a "moral standard," but it's the standard of the viewer. Authors aren't guaranteed that their viewers will be forced to observe their works the way they wish.Loomis wrote:To me, a device that modifies an author's work, no matter how slight, is contravening the author's moral rights. This is not just about an individual's right to choose what they want to see, as it is not the individual choosing what they do/don't see. It is a machine that bases its decisions on a group of moral standards that have been decided for it. Further, it negates the original freedom of expression of the author, simply because the viewer has decided that there are bits they do not like about the work.
Yes, we're guaranteed the right to be heard, but we aren't guaranteed that others will listen. The devide doesn't take away from the filmmakers' rights to be heard- their voice is still being presented to the consumer. The consumer then makes their conscious decision not to listen. You don't have to like it, but it's their right. And if narrow world views are what they choose (though I hardly think muting profanity constitutes that), then so be it- it's their choice.Loomis wrote:Freedom of expression is NOT choosing what you do/don't want to hear. It is about everyone having a right to be heard. And devices like these ensure that the Walmart buying public will never look beyond their own narrow world views.
-Aaron
