Who Owns a Vibe? 12.23.24

Who Owns a Vibe? 12.23.24
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Image from PBS News Hour video from 12,20,2024

News

Who owns a vibe? That question is at the heart of a lawsuit where one online influencer is suing another for copyright infringement. Sydney Gifford claims that Alyssa Sheill knowingly replicated Gifford’s aesthetic and her posts on social media.

Amna Nawaz discussed more with Sandra E. Garcia, a reporter at The New York Times who has been covering this first-of-its-kind case.

Hawaii’s Kilauea volcano spews glowing lava as eruption begins
PBS NewsHour, December 24, 2024 – 10:00 pm to 11:00 pm (ET)
PBS News Hour full episode, Dec. 23, 2024
PBS NewsHourDecember 23, 2024 (57:00)

TODAY’S SEGMENTS

House report on Matt Gaetz alleges rampant illegalities    • House report on former Rep. Matt Gaet…  

Why Biden commuted the sentences of 37 people on death row    • Why Biden commuted the sentences of 3…  

News Wrap: Luigi Mangione pleads not guilty to CEO’s murder    • News Wrap: Luigi Mangione pleads not …  

Researchers race to answer questions about wind energy    • Researchers race to answer questions …  

Tamara Keith and Amy Walter on Biden’s moves, GOP’s fissures    • Tamara Keith and Amy Walter on Biden’…  

China’s adoption ban leaves children and families in limbo    • China’s foreign adoption ban leaves h…  

Arturo Sandoval on falling in love with music    • Arturo Sandoval on falling in love wi…  

Candy Cane Lane lights up St. Louis     • Candy Cane Lane lights up St. Louis a…  

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Polls & Headlines 12.23.24

Today’s Poll

Should the U.S. government have the authority to ban social media platforms like TikTok due to national security concerns?
Yes
No

Yesterday’s Poll Results

Should President Biden commute the sentences of the 40 men on the federal government’s death row?
65.09% – No
34.91% – Yes
*Percentage of 25,165 votes

Headlines: smerconish.com/headlines

Say No to Cynicism
America, America, Steven BeschlossDecember 23, 2024

We can endure and overcome the coming onslaught, but that requires not being overwhelmed or seduced by defeatism

But the fact is that cynicism and resignation are exactly what the reckless incompetents and miscreants, the self-serving billionaires, the fascists, the sadists, the Trump sycophants, the pillagers and plunderers who despise our system of self-governance are counting on. The more we indulge ourselves in fear, doubt and feelings of exhaustion, the easier it will be for them to win. This is not just the danger of obeying in advance, but obeying permanently so that they can win without a real fight.

What if we could increase voter turnout by 10 percent with one change?
If you can keep it, Deborah ApauDecember 23, 2024

With turnout consistently hovering far below peer democracies, we should ask: Why are millions of eligible voters disengaged? And critically, what does the evidence say about whether certain reforms bolster electoral participation?

Electoral systems have a powerful impact on voter turnout. Said differently, winner-take-all depresses electoral competition. And, if you look across different elections, voter turnout is closely tied to electoral competition. Why bother turning out if outcomes appear to be forgone conclusions?

Proportional systems produce higher turnout rates
Proportional representation — the main alternative to winner-take-all — dependably produces higher turnout rates. Unlike winner-take-all, proportional systems use multi-member districts and allocate legislative seats based on the proportion of votes each party receives.

 

 

A year in emerging tech
Digital Future Daily, CHRISTINE MUIDecember 23, 2024

Perhaps the biggest harbinger of that was President-elect Donald Trump importing ideas and talent from Silicon Valley for his next administration. Young industries like venture-backed defense tech and crypto are hitching a ride to the Trump White House. But throughout 2024, there were a host of advances in technology and shifts in policy that are already redefining the years ahead.

It was a much better 2024 for Google’s Waymo and Chinese self-driving car platforms. Waymo surged ahead of its competition, quietly building a legitimate fleet of hundreds of robotaxis while its competitors stumbled through testing delays and financial woes. It hit a major milestone with 4 million driverless rides this year alone across Phoenix, San Francisco and Los Angeles.

America the Addicted
Krugman wonks out, Paul KrugmanDecember 23, 2024

Gambling — on sports, stocks and crypto — is the new opioids

But the main way in which policy has contributed to America’s gambling epidemic isn’t what policymakers did, but what they didn’t do. As technology made gambling and speculation essentially frictionless, fueling the rise of predatory “limbic capitalism,” policy did nothing to protect Americans from their self-destructive instincts.

And while ordinary gambling can and does ruin people’s lives, gambling that takes the form of asset speculation can suck in far more people, because, as Robert Shiller pointed out long ago, widespread optimism about an asset’s price can for a while be self-fulfilling, because it initiates a “natural Ponzi scheme”:

Best of “Can We Still Govern?” in 2024: Readers Picks
Can We Still Govern?, Don MoynihanDecember 23, 2024

1. My most read story came right after the election. Here are some predictions for what will happen to the administrative state in his second term. Hope I am wrong about a lot of it.

2. Muskawamy have been saying a lot of things about shrinking government. I explain why most of it is wrong, misleading, or implies draconian cuts to programs people really value.

5. People say Harris lost because of identity politics; but it’s closer to the truth to say that Trump won because of his identity politics.

Christmas books
Open Letters, Anne ApplebaumDecember 23, 2024
“Never Trump:” a sorry tale
The Warning, Steve SchmidtDecember 23, 2024

Everyone has principles until they are called upon to stand on them. Then the test begins. Even when principles hold at first, they tend to erode under the weight of time and the battle between idealism and cynicism.

Self-righteousness and blind entitlement are the toxic side effects of moral certitude and the conviction that the ends justify the means — or might makes right — because the other side is evil. Nietzsche made this point when he observed:

Who’s the most basic person on the internet?
Guardian, Arwa MahdawiDecember 10, 2024

Sydney Nicole Gifford has accused rival Alyssa Sheil of copying her bland style, in a $150,000 lawsuit over lost income and ‘mental anguish’. What’s behind this race to the bottom?

Sydney Nicole Gifford, a 24-year-old lifestyle influencer, was busy being her most authentic self when her carefully curated world suddenly shattered. One of her followers had contacted her with terrible news: someone had stolen her vibe.

What does this even mean? Well, that’s the question at play in what may be the saddest, beigest (and possibly most important) lawsuit in influencer history. Gifford, you see, is aggressively fond of neutrals. She likes wearing shades of white, black and cream, and lives in an incredibly organised house where her minimalist decor is also shades of white, black and cream. She reviews Amazon products that fit what is known as the “clean girl” aesthetic and, when her followers buy stuff from her affiliate links, she makes a commission from the sale.

The problem is, someone is said to have stepped on Gifford’s colourless turf. Gifford subsequently filed a lawsuit against the 21-year-old influencer Alyssa Sheil, a former acquaintance, alleging she “replicated the neutral, beige and cream aesthetic of [her] brand identity”. Gifford also accused Sheil of copying her style, as well as her photos and captions, and is now seeking up to $150,000 in damages for lost income and “mental anguish”. The bottom line? Gifford seems to want a court to decree that she is officially the most basic person on the internet.

 

The influencer lawsuit that could change the industry
The Verge, Mia SatoNovember 26, 2024

One Amazon influencer makes a living posting content from her beige home. But after she noticed another account hawking the same minimal aesthetic, a rivalry spiraled into a first-of-its-kind lawsuit. Can the legal system protect the vibe of a creator? And what if that vibe is basic?

“It’s definitely very calming,” Sheil, 21, says of her decor. “Growing up, my parents had a bunch of pictures on the walls, they had rooms that had different colors… So when we moved into this place, I was like, ‘I don’t want a bunch of stuff on the walls. I don’t want mismatched things. I just want it to all be cohesive and plain.’” It is not just Sheil who prefers her space to be colorless — a generation of women dream in beige and cream.

If Gifford’s legal argument is successful, it could mean any influencer making content in an established genre could be liable — even though, in general, copyright law limits liability for use of genre tropes.

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