SOPA and PIPA; Are They Really That Bad?

I always thought SOPA was something you ate in a restaurant and PIPA was a character in Astrid Lindgren’s children’s book series.

The real problem is obvious: these Bills are grossly overbroad

But seriously, SOPA and PIPA, if you aren’t aware already, are Congress’ (House and Senate, respectively) newest “attempts” at regulating the internet. Their articulated purpose is to give the U.S. Department of Justice (DOJ) and Courts power to curb so-called “internet piracy.” In my view, the articulated problem is real and the desire to address it is understandable.  The internet is “the wild, wild, West” on steroids.  ”Policing” it is a near-impossibility.  My concern is their motivations and methods.

So, are SOPA and PIPA really that bad? In a word, yes.  The real problem is obvious: These bills are grossly overbroad.  Indeed it has been argued that they not even necessary; that the tools are already available for law enforcement and courts to address these issues (the recent arrest of the founder of “Megaupload,” another anonymous and “free” file-sharing service, appears to bolster this latter argument, and make the claims of needed legislation by the Congressional sponsors and supporters of these two bills seem inconsistent with reality).

The articulated problem for this legislation is copyright infringement and internet “piracy.” Much of this “piracy” activity is conducted from sites situated outside the United States. Congress apparently believes that there is no U.S. jurisdiction or authority over these sources. But their proposed solution is not narrowly—indeed not even reasonably—drafted to address the specific problem. Since there are (among others) First Amendment issues at stake here, our Constitution requires that such legislation be narrowly drawn to meet the specific “wrong” articulated, and that it consider whether other, less restrictive, alternatives are possible. I do not think either of these bills pass muster under that standard.

SOPA and PIPA place the burden to “watchdog,” discover, and shut down users who are in violation of its terms on Internet Service Providers and Search Engines

SOPA and PIPA versions which Congress hoped to schedule for a vote in January, include provisions which would DOJ to target and hold Internet Service Providers, Internet Search Engines, Internet Advertising Services and Payment Facilitation Sites like PayPal and MasterCard accountable by forcing them to shut down their services for websites and providers that are deemed to be infringing on intellectual property rights (primarily copyright).  They also impose substantial “oversight” responsibility on internet service providers and search engines over their users—essentially placing the burden on the providers to “watchdog,” discover, and shut down users who are in violation of these new laws.

The trouble with this approach is that it doesn’t effectively reach and deal with the actual wrongdoer. The targeted entities are rarely, if ever, intentionally complicit with the wrongdoers. Yet they are being made responsible for policing them. The practical effect of this is that they may ultimately discontinue, or limit their services because of the burdens this legislation places on them. And it is certainly not clear that this legislation will have its intended effect.

Should my internet service provider, blog hosting service, or search engines that crawl my websites be responsible to find and police this conduct? Absolutely not!

The economic impact on these providers is unfathomable. Nor does it make any sense  to hold these entities responsible to determine whether a subscriber is in violation. How, for example, should service providers and search engines address issues like “fair use,” or for that matter, “innocent” violations. I recently had a “pingback” here from someone who had linked to my site. She thought she was doing me a favor—and she was—by favorably linking to my blog and a particular image. But she also put my image up on her own blog (not a link to my image, but a copy of the image). I politely informed her that she did not have permission to post a copy of my image.   She apologized immediately and took it down. Should she be held criminally liable under the federal laws cited in SOPA? I think that would be Draconian. Should my internet service provider, blog hosting service, or search engines that crawl my websites be responsible to find and police this conduct? Absolutely not!

The proposed law also appears to be fundamentally inconsistent with the goals of the existing, Digital Millennium Copyright Act, which contains “Safe Harbor” provisions for internet service providers, in effect shifting the burden of “watchdog” to the holders of the copyright (which maybe is where it should be), for the providers. If a violation occurs, the provider is not liable for it under the DMCA until they become aware of it. Usually that will happen because some third party (normally the holder of the right) notifies the provider. At that point, the provider has certain “takedown” procedures they must follow. But it seems fundamentally unfair to put essentially the entire burden on the provider, and that is what SOPA and PIPA appear to do. And they appear to give the U.S. government law enforcement and private copyright holders, power to police the unauthorized activity in a heavy-handed way (e.g., by a “takedown of an entire website because of an infringement). Imagine the impact that could have on a site like Flickr or Picassa!

SOPA also gives the power to enforce its terms exclusively to the U.S. Department of Justice (DOJ) and the courts. Coupled with the breadth of this legislation, too much power to affect the entire internet is concentrated in the hands of this single central government agency.

Surgery requires a scalpel; not a meat cleaver

Because of the influence of web-based media (website banners, e-mail, Facebook and Twitter) a large and substantial public voice has made itself heard with the supporters of these Bills. The original sponsor, of SOPA withdrew it for further consideration of some of the issues raised by opponents. Likewise, the PIPA sponsors have called for re-consideration of that legislation in light of the issues.

In my view, this whole fiasco is indicative of a more fundamental concern: the way we address policy problems in our nation today. The sides appear to be completely divided and niceties like analysis of facts, compromise, and diplomacy have been discarded in favor of (to borrow a term from the sports world) “smash-mouth” advocacy. Late Friday and early Saturday, the internet and other news sources have splashed “SOPA Defeated” and “SOPA is Dead” headlines, with near-gleeful accounts of how the forces that came together on the internet won and truth and light prevailed.

Compromise and diplomacy have been discarded in favor of “smash mouth” advocacy

Let’s not fool ourselves. There are “special interests” on both sides. And, no, SOPA and PIPA are not “dead.” Indeed, news sources report that there are hearings scheduled yet this month and while some of the provisions that were deemed “bad” by opponents of the legislation have been removed, or changes, the opponents are still not completely satisfied. At the same time, the reasonable voice in my head says that just maybe, there is some justification for continuing to look at the problem and appropriate solutions for it. Copyright violations and so-called “piracy” are real, and they result in real economic damage. The question is whether the proposed legislation truly addresses and resolves that problem in a meaningful way. And then, even if it does, is it too broad and heavy-handed. Surgery in modern days requires a scalpel (or even more precise instrument); not a meat cleaver.

This is a photography and photographic topics/musings blog and this controversial post perhaps reaches a bit beyond its normal scope. However, I have posted on copyright topics before and I believe it is an important and vital topic for photographers. I’ll try to steer back toward less troubled and more photographic/artistic waters next week. As always, thanks for reading.

Overlooked Essential Photography Equipment

Copyright 2005 Andy Richards

I have often spoken about planning and being prepared when in the field. When thinking about preparation for a photo-excursion recently, a thought occurred to me about certain “essential” items of equipment that I carry in the field that are often overlooked because they are not technically, photographic equipment.

Certain “essential” items of equipment I carry in the field are not technically “photographic equipment”

In October, 2004, my buddy, Rich and I traveled to Michigan’s Upper Peninsula for a photo workshop at Tahquamenon Falls, with professional photographer and workshop leader, David Cardinal. I have normally phenomenal luck with weather on my photo excursions. When we went to Alaska, we had 6 out of seven days of partly to mostly sunny weather. Later, someone who lives there told me I probably got 50% of their annual clear days J. My October 2011 trip to San Francisco was mostly temperate and partly sunny to sunny. But the 2004 U.P. trip was a bust, weather-wise. We had one day of mostly solid, pouring rain and another of off and on rain. We never saw sun until the very last day as we were leaving, and only the hint of blue sky. Still, we were able to capture some nice images.

One memorable thing I took away from that workshop was the importance of carrying certain non-camera related equipment; namely, raingear! Today, my travel package includes the following items of “rain gear:”

• Oversize Rain Poncho (which can not only protect me, but will drape over my tripod mounted camera)
• Waterproof Rain Coat (don’t skimp on this item. True waterproofing will be important if you want it to really work. Spend the money and buy a good quality rain jacket from North Face or Columbia or Patagonia or someone specializing in rainwear or nautical water gear).
• Waterproof Rain Pants
• A rain hat
• Waterproof Footwear
• Large and Kitchen Size Trash bags (these are invaluable and can be improvised as rain ponchos, camera covers, kneeling pads and a receptacle for wet items)
• Bath towel, hand towels (at least in the car, for when you return to the vehicle, hand towel to carry and use to keep lens clear of water drops and hands dry)
• A good camera/lens rain hood is also a very worthwhile investment and will protect gear and allow shooting

Shooting in the rain will occasionally be a necessity and will sometimes yield really spectacular results that you may not ever be able to duplicate.

One memorable thing I took away from that workshop was the importance of carrying certain non-camera related equipment; namely, raingear!

Another group of essential gear items is cold weather gear. Again, if you aren’t willing to get out on the “edges” of weather and the early parts of the day, you will miss great photo ops. Often, this means it can be numbingly (literally—I have had times when I couldn’t feel my fingers) cold. I have winter gear for those few times I get out in the winter, including hunting/shooting fingerless glove-mitten combo and good footwear. I generally plan to dress in layers. But what about the rest of the year? The best seasons for shooting, in my view, are Fall and then again in Spring. Weather and temperatures are unpredictable at those times. It can be freezing at sunrise and 80 degrees by 2:00 p.m. I carry a pair of lighter “outdoor” gloves that have slots for the fingers that can be slid back, and a hat, or ear muffs all the time. I consider those two items essential gear and they are always in my bag.

Copyright 2010 Andy Richards

Footwear is another consideration. Obviously, solid footgear that is waterproof, not only for rain, but for early morning dew, and wet conditions, is important. There are some very good choices out there, and footwear is very much a matter of personal taste. But here is another piece of non-photographic gear I consider an important essential: rubber wading boots. The higher the better (though a full set of waders is probably too heavy and too hot). I have a pair of hip-high wading boots that are always in the car trunk. They are particularly useful when shooting in and around waterfalls and shallow streams. There is sometimes no better perspective than to get right out in the middle of the water.

If you aren’t willing to get out on the “edges” of weather and the early parts of the day, you will miss great photo ops

In July, 2010, Rich and our friend, Al, and I photographed a lighthouse from the beach at night on the Minnesota North Shore. When you are in the middle of action, trying to maneuver a flashlight around can be cumbersome. I carry a LED light “miner’s light”that can be strapped to your head or hat. They also make a visor-clip-on model. I also carry a clip-on LED light that can be clipped to many different objects. A small flashlight is also a good item to carry, and can be helpful in marking a trail on the way back from your photo op in the dark.

Copyright 2010 Andy Richards

In Spring, 2005, Rich and I returned to Tahquamenon Falls for some late Winter shooting. At one point we got our plans mixed up and got separated and ended up each waiting for the other for some time. Since then, I have carried a set of Motorola walkie talkies. Once again, an important essential if you travel or photograph in groups.

Safety is an important issue for photographers who are out in nature. Things that could be very important to have include a cell phone and portable GPS receiver. But be careful not to blindly rely on them, as a lot of our shooting takes places in remote areas where it is possible that there will be no cell signal and possibly no GPS signal. I carry an old-fashioned magnetic compass. If you are going to use a compass or GPS, you need to do some prior “recon” so you know reference points. It doesn’t do you much good to know which way is North if you don’t know where you are in the first place. Most of my trips involve a fair amount of map study prior to entering an area. If it is possible, carry a map with you. If you use a GPS, set the “trackback” feature before you leave your vehicle. And, make sure you have fully charged (and extra) batteries.

I also try to carry bottled water. While I don’t usually venture hours away from my vehicle, it can be very important to stay hydrated when out in the field.

Why is My Image Blurry?

Those who read my Blog know that I am a Tripod-Zealot. I know there are circumstances where a tripod is just not going to work (my friend, sometime mentor, and talented professional photographer, Ray Laskowitz, often points out how important good hand-holding technique is if you want to get some images). But in most of the shooting I do, there is no good reason not to use a tripod. And too often, a handheld shot will look “good” on screen, but will simply not hold up when enlarged, because of even very minute camera movement. But now that I have once again led (misled?) you down that path, it is not really what this blog is about.

I am a Tripod-Zealot

Here is an example of one of those times when the lack of a tripod is not the culprit. It is, however, a case where using an “automatic” feature of the camera may have waylaid an otherwise good image. A friend sent me a night time image of a small harbor. From her vantage point, she could see shoreline and boats in the fore and middle ground and water and then the distant shore, with lit buildings in the background. Her shot was “framed” with some low-hanging branches from trees on the shore where she was standing. She had set up on her tripod and considered the far shore as her focusing point. But the buildings in the distance were blurry. My friend’s question involved whether the quality of her inexpensive tripod caused camera movement or vibration.

Maybe. But in this case, I don’t think camera movement was the problem. I think the issue was that the image was simply not in focus. Why? It appears to me that the focus point that the camera chose was the leaves/branches in the immediate foreground! Hmnn. Think about that for a minute. “The focus point that the camera chose.” More in a minute…..

Camera movement, once mounted on the tripod, can only really be caused by external factors like wind, or vibration (i.e., if you are set up on a bridge and cars keep driving over it, or if, after carefully setting up the shot with a long lens, you wait until everything is perfectly still, and then touch the shutter release). So my friend was correct in questioning whether an “inexpensive” (really, one that is not structurally built to be sturdy and vibration-free, regardless of cost) tripod can contribute to poor image quality. Long focal lengths can “magnify” this error. It is a concept that is often hard for us to accept. It has frequently struck me as ironic that folks will go out and spend $2-500 on a tripod and then not use a remote release (and then, ironically, there are times when putting a “hand” on the tripod-mounted camera can actually help damp vibrations — tripod technique is a topic of importance, but not really the focus here).

In order to properly use automatic settings like AF, we must control them

But looking at this image, I have assumed those things away. The image was shot at 50mm — certainly not a long telephoto. It was also shot at f-11, so DOF shouldn’t be a serious problem here. Modern cameras (and “old eyes” in my case) have taught us to rely on AF. And AF is a wonderful technology. When used properly it is “failsafe.” But I have to re-emphasize the phrase, “when used properly.” AF only works when you understand what it is doing. It is mechanical. Like all automatic features, it does not think for you. You must set a mechanical point on the camera to determine what object the camera will focus on. When the camera indicator says focus is locked, trust me, it is locked and in focus (obviously, like all things mechanical, either the camera or the lens me have a defect which will affect this). But focused on what? That is the critical factor, and it relates back to the phrase I repeated above: “the focus point that the camera chose.” If we are going to truly control our image-making, we must not let the camera make any choices! This is why I advocate, learning rules and fundamentals first and then letting the automatic stuff make our lives easier. In order to properly use automatic settings like AF, we must control them. In this case, she set up the image, and pre-focused on the distant buildings. Let us assume that she focused on a well-defined part of a building and the AF indicator gave her a true reading of locked in focus.

What happens next is critical. With the default setting on most modern automatic DSLRs (SLRs, too), the camera re-focuses every time you re-actuate the shutter release. Not realizing that she had the AF bracket (focusing point) floating and that it chose to focus on the near, the camera took charge and made the arbitrary decision to focus on the low hanging branches! Here’s my comment to her:

It is important to understand how focus and DOF work together. The important parts of this image are not in sharp focus, which means we need to think very carefully about what was the focus point. If you were using an AF focus point and it moved, it tried to find something if could focus on (that would probably be the boats in the foreground, or the tree branches–which appear to me to be the most “in-focus” in the image). So, in short, it looks to me like your camera (note it was your camera and not you) focused on those leaves. Maybe you did focus on either infinity or the far buildings. But if your AF was still on, the second you touched the shutter release, it tried to re-focus.

If we maintain focus on the far away buildings @f/11 with a 50mm length we obtain acceptable focus throughout the image. This is simply a matter of optics. The optical Depth of Field (DOF) would ensure that in this case (in theory, finding a focus point about 2/3 of the way into the image will obtain maximum “acceptable sharpness” from front to back. The topics of DOF and “hyperfocal” distance are well beyond the scope of this blog, but worth some study, for the serious shooter). The best way to do that is for us—the photographer—to control the focus point.

Think about that for a minute. “The focus point that the camera chose.”

I will often try to find a point 2/3 into the photograph. But sometimes, particularly in a night shot, that is simply not possible. Take some time to figure out how to be sure the lens is focused on infinity (the furthest focal point out) before you go out next time. If you can see (or if the AF can see) well enough to focus on one of the far objects, go ahead and do that (the little confirmation light will tell you if you have been successful). But if you cannot, then set the lens on infinity. Once you have achieved proper focus, Turn AF off.

On most modern SLR/DSLR cameras, those little red brackets in the viewfinder are not only indicative of the focus point, but also can signify where the center of the light-metering system is reading. So, I may want to focus on one point of an image, and then meter the light on another point. It is a bit of a nuisance to have the camera try to re-focus every time I move the bracket. One way to avoid this is to use the AF only as a focus-check. In other words, focus using AF, then switch it off. This is a bit of a nuisance, too, in my opinion. Another method is that most camera bodies will also allow you to set a focus-hold button which is on the back or top of the body. You can focus and then depress and hold the focus-hold button and move the bracket or set up around (the same button can generally be reversed to do the same with exposure, making it an exposure-hold button). Both of these approaches come within the “PIA” definition to me. I would much rather simply switch to manual mode and do things the “old-fashioned way.” But as I have said here a number of times, the automatic settings on the camera are there for our convenience. Once we understand the fundamental exposure equation and how the camera measures and treats it, why not use the convenience tools? My camera (and I will bet most others do, also), has a setting which allows me to de-couple the AF from the shutter button. With that setting, AF is ONLY triggered by the little button on the back of the camera and NOT by the shutter release. That way, I can focus and then not worry about that getting changed when I do any other action, including trip the shutter. While this may not be the optimum setting for handheld “action” shooting, I find it works well for static landscape shooting from a tripod.

I Don’t Make New Year’s Resolutions

Copyright 2009 Andy Richards

I have never been big on New Year’s resolutions. I have seen so many come and go and so much “resolve” with so little follow-through. Will I eat and drink less, achieve some needed weight loss, exercise more, be less critical of others and more charitable? I hope so, but I am not committing. For me, it is more like year – end “cleanup,” and looking forward to what 2012 brings. There are certain things that I always do and think about this time of year. As each year goes by, time seems to compress and each Fall seems busier than the last. I always look forward to – indeed key on—the Fall photography season—particularly, October, when Fall colors seem to pop in most of the continental U.S. With a busy “transactional” law practice, a regular “gig” as an adjunct professor at our local University, service on 2 local foundation boards and numerous other non-photography pursuits, the year-end seems to accelerate into Christmas, and then, come to a grinding halt for about a week between the holidays.

I am looking forward to what 2012 brings

Don’t get me wrong. I do plan to do certain things each year. Some of them pan out. Some don’t. And if I don’t set unrealistic expectations, I am not disappointed when they do not get done. Two years ago, during our annual Christmas visit to my brother in law’s house in Virginia, we planned a cruise to Alaska. Cruises are not generally thought by serious photographers to be the ideal way to see and photograph Alaska. So my goal was two-fold. First, I wanted to have the time of my life, with my family, and get the most out of the cruise. Second, I wanted to bring back as many “keeper” images as possible, given the limitations of the trip. It surpassed my expectations substantially.

Deer Lake, Michigan UP - Copyright 2009 Andy Richards

In October of the same year, I made a quick trip the Michigan “UP,” which was kind of “spur of the moment” and came back with some of my most successful ever “UP” images. I sometimes think being ready to “react” is the best plan. That same year I went to Vermont for a week. While there were certain weather and foliage timing challenges, I came home with several of perhaps my best “Vermont images” ever. Sometimes being in the right place at the right time is the best plan. In both cases, I had made several previous trips and while I always found images, I never got the ones that I was really hoping for. Sometimes, just being persistent works.

Fall in Vermont copyright 2010 Andy Richards

During October of 2011, we planned a family vacation trip to San Francisco to visit my daughter who had recently re-located there. Again, my goal was to make the most of the limited photographic opportunity I would have. My wife might disagree with just how “limited” that was, as I was out in the city nearly every morning before sunrise. I was able to make the best of the situation I was in.

But this time of year, as things seem to wind down and then re-wind for another year of work and professional goals (I have to remind myself that my “day job” has little to do with photography and the demands of my clients and partners generally limit my ability to shoot whenever the spirit moves), there are certain things that I will do.

Sometimes, just being persistent works

Ido my final filing archiving of images. I borrowed from John Shaw, after attending one of his 2-day seminars a few years back, and now file my images very simply; one large folder, by year. I use Adobe Lightroom as my cataloging software, and use “Collections” to categorize images. I also populate the metadata template with copyright information and keywords, etc. All images are stored on a removable HD, and a complete copy resides on a separate HD, kept at my office 25 miles away. I used to think having offsite storage was a bit of overkill, until one of my partners had a home fire in November that burned his home to the ground with a total loss of everything but the clothes on their backs and their cars. Finally, I set up a 2012 folder for next year’s images.

San Francisco Bay Bridge copyright 2011 Andy Richards

I will plan some 2012 photo shoot goals. In February, I will cruise again in the Caribbean. This is not likely to produce major landscape photo opportunities, partly because of the family nature of the trip and partly because of the timing (likely to be on the cruise ship during the best light). I will carry my Canon G12 at all times though.

In March, I will spend a long weekend visiting a friend in Yarmouth, ME, and hope to bring back some images of the Portland Head Lighthouse and the Pemaquid Lighthouse.

In October, I have the great privilege of acting as a guide for a professional photographer, teacher and workshop leader in my own backyard. I am excited about the photographic opportunity, as well as the hope that I absorb some wisdom from his workshop.

For a number of years, I have lamented that my “Winter” image portfolio is notably lacking. I have worked at re-arranging my work-schedule to become hopefully more efficient and plan to spend less Saturdays in the office and more time out shooting on weekends.

I wish everyone success and good fortune in 2012!

So, without any unrealistic expectations, I look forward to 2012 and what it will bring.   I do want to say thank you to a number of people for making my 2011 special.  I have made some really good friends in my travels to Vermont and on the SOV Forums and I thank you all for your friendship and support, including Al, Carol, CTYnkY, Phil, Brandt, Tim, Brian, Betsy, and anybody I forgot.  You all know who you are.  I want to thank James Moore for inspiration, critique, support and friendship.  Likewise Kerry Leibowitz.  Thank you to Mark Perry, who makes the MPEG forums happen.  Thanks to my best friend, Rich, who travels with me, puts up with my idiosyncracies and is just what a best friend should be.  There are many others and I certainly don’t want to leave anyone out purposely.  I wish everyone a Happy New Year, and hope that it brings you success and good fortune. See you in 2012!