d e v o n
almost home
RMH
#extradirty
Andulka
Cosimo Galluzzi
dirt enthusiast
Sade Olutola
Origami Around
No title available
Not today Justin
h
Monterey Bay Aquarium
Mike Driver
$LAYYYTER
KIROKAZE
occasionally subtle
he wasn't even looking at me and he found me
PUT YOUR BEARD IN MY MOUTH
@theartofmadeline
seen from Singapore
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seen from Tunisia
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@tibicina
I laughed so hard at this I accidentally exited the Tumblr app and when I reopened, Tumblr had bolted back to the top of the feed, so I just rage scrolled through every single thing both posted in the last hour and that I scrolled past in the last hour to find to present this incredible tiktok to you, my dear followers. Esp @ritterssport
Didn’t anticipate one of the bonuses of going to a drag show in a smaller more conservative town would be getting to see a bro who clearly wandered into the wrong part of the bar by mistake experience what looked to be a transcendent awakening upon seeing his first drag show.
On of the queens halfway through the show, “Honey, are you straight?”
This man, in a strangled voice, “I don’t know”
100 level course prof: Attendance is mandatory, no phones allowed, 12 hours of homework/week, also we have 5 exams and one is in 9 days
500 level course prof: I illegally downloaded the texbook, I’ll send you the link. text me if you need anything. Do you guys wanna go kayaking?
FYI
100 level course prof: Usually an adjunct. Very smol and new to teaching. Lives with dept head up their butt and double checking everything they do
500 level course prof: Is presumed to be competent and is left alone to become the true agent of chaos all teachers yearn to be
500 level also has tenure and can do whatever they want with little to no consequences
also 100 level course: 250 students, at 8:30 AM bc the department is required to schedule at least one class in that timeslot 500 level course: 5 students, a once-a-week four-hour-long shitshow in a coat closet that the prof is fond of
“a once-a-week four-hour-long shitshow in a coat closet that the prof is fond of “
i´m shaking…
Texts From Superheroes
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Like any ambient radiation from Spiderman is going to make a difference compared to the nuclear reactor he stuck in his own chest to power the magnet.
(Also, apparently, ‘He’s got radioactive blood!’ was my favorite line from the theme song when I was four, which probably does say something about me.)
good and correct. THIS is how the ‘Free Market’ is supposed to operate. (it doesn’t work.)
Don’t stigmatize the Traumatized Kids, KThanks.
This is from a conversation elsewhere about sociopaths and teaching in which someone was talking about how creepy the quiet kids who didn’t make eye contact and would sit and refuse to interact with teachers and students were and labeling them future serial killers which is really unfair in my books. I defended my refuseniks saying:
“Those aren’t the serial killers in making. Those are the kids who’ve been through some serious shit and who have shut down as a result or who are so angry and/or grieving that the choice is still or collapse. The odds are super high of dropping out and doing drugs, but they are reachable if a team of adults are patient and persistent as water and the right sort of kind.
The one that is really dangerous is the plausibly charming kid with a sycophant or two, who is always nearby when the trouble starts looking so incredibly innocent, but never gets blamed for it. I’d watch those like a hawk and when I caught them setting up some other kid for serious trouble, I’d come down like a ton of bricks, talk to admin, warn other teachers. Everyone else in my room got to start fresh every day, but that kid who’d sit there quietly tormenting, pushing buttons, utterly conscienceless, enjoying the misery and chaos they spread? The ones that will look you in the eye and lie believably? Those are the dangerous ones.”
Seriously, folks, Teachers should not be making things worse for seriously traumatized kids likely struggling with PTSD, depression, grief, etc.. Scapegoating the victims as somehow dangerous makes it so much harder to help those kids who are most in need of positive adult influences in their lives. Concentrate instead on catching the real trouble makers and rescuing their classmates from insidious bullying and cruelty.
some very important info re: paid accounts~
I am not a lawyer, but I can decently interpret legalese and, being as I also suffer from tl;dr syndrome and assume others may as well, I took one for the team and went through the updated TOS for the post+ accounts and highlighted (what I understand to be) the most pertinent information, which ultimately comes down to this:
You cannot monetize copyrighted works (aka charge and earn money from fanfic, fanworks, etc) and if you do decide to put your fanworks behind a paywall via Tumblr, when you are inevitably sued, Tumblr will not protect you and will not defend you and you alone, personally, will be responsible for whatever monetary damages said lawsuit results in.
If anyone is a lawyer and knows I've gotten any of this wrong, please do not hesitate to correct me/this post.
Screenshots taken from Tumblr's TOS (updated 7-21-21), Stripe's Account Agreement, and the post+ FAQs.
1. Your paid account will not be hosted by tumblr; it is routed through a 3rd party.
2. By signing up for a paid account, you're entering into an agreement with Stripe, so in addition to Tumblr's TOS, you are also bound to Stripe's TOS.
3. Stripe, like Tumblr, will not defend you or protect you against any lawsuits.
4. Furthermore, you may end up owing Stripe money (indemnify = compensate)
5. Tumblr's TOS specifically states that you can't put any content on your post+ account that violates any laws, including laws that protect intellectual property rights of others. This is super important, because Tumblr's post+ FAQ also states that you can post anything that you would regularly post on tumblr, which I'm sure many will take to mean that gifsets, fanworks, etc are fair game, since all of that stuff can be posted on tumblr now. However, the difference is, you're not making money from the fanworks you're posting or reblogging now. Once money enters the equation, the game changes.
Tumblr is making it seem like any and all content goes for post+ accounts, knowing 90% of this site is fanworks. This is not true and you'll be opening yourself up for lawsuits if you charge for fanworks.
6. Tumblr further disclaims any and all liability in any legal issues.
tl;dr: Please do not make a post+ account, bc you will be opening yourself to lawsuits and if that happens, Tumblr's response will be not our problem, you agreed to all the terms which said you couldn't do that, sorry not sorry. Please protect yourself.
This post is a public service.
This staff’s post explaining their POV on this just showed up on my wall, so here, have the relevant part:
We do, however, want to address the main concerns we are hearing:
Fanfiction & Copyright Infringement
Basically, the process works the same as it always has. And yes, the following information is coming to you straight from a lawyer:
We fully support Creators sharing their fanfiction and fanart on Tumblr. We encourage sharing creative work of all kinds on the platform.
Fanfiction and fanart are frequently considered fair use and we support our Creators’ fair use rights. Monetizing fan work does not necessarily mean that it isn’t fair use.
Any content posted on Tumblr, both free and monetized, should follow our Terms of Service and Community Guidelines, which prohibits infringing the intellectual property rights of others. Whether a piece of fanfiction meets the requirements for fair use varies depending on the work. Intellectual property rights holders are in the best position to decide if they think a fanfiction or fan art violates their rights. If they do, they can use the normal Tumblr DMCA process to identify content for removal. Creators can also take advantage of the normal counter-notification process if they believe the content was misidentified as infringing.
So, basically, with a bit of fancy wording around it how it’s gonna be Totally Cool, No Worries on tumblr’s side, OP’s point still stands fully, imo.
Thanks for the addition, @hidden-but!
Once again, I am not a lawyer, but here's my interpretation (again, anyone who is a lawyer please correct me if I'm wrong) of the above post (because I think it's deliberately misleading):
Basically, the process works the same as it always has. And yes, the following information is coming to you straight from a lawyer: We fully support Creators sharing their fanfiction and fanart on Tumblr. We encourage sharing creative work of all kinds on the platform.
Emphasis mine. This is worded very specifically; Tumblr is not supporting or encouraging you to sell your fanworks. They are not encouraging you to charge for your fanworks. Share =/= sell.
We encourage you to share your fanworks
means
we encourage and support posts and reblogs containing copyrighted works, but we're not telling you to SELL ANYTHING, so if you do, then the consequences are your problem.
Fanfiction and fanart are frequently considered fair use and we support our Creators’ fair use rights. Monetizing fan work does not necessarily mean that it isn’t fair use.
I think this is irresponsible wording bc it makes it seem like you have the right to charge for copyrighted works if you claim that your work falls under fair use - but how many of us actually know what fair use means? And if you don't know what it means, how can you use it as a defense by claiming your work falls under it? I'll be honest, I don't really know what all "fair use" entails but when I looked it up I found a pretty straightforward and thorough explanation that cleared things up for me.
From this article on fair use, published by Stanford Libraries:
In its most general sense, a fair use is any copying of copyrighted material done for a limited and “transformative” purpose, such as to comment upon, criticize, or parody a copyrighted work. Such uses can be done without permission from the copyright owner. In other words, fair use is a defense against a claim of copyright infringement. If your use qualifies as a fair use, then it would not be considered an infringement.
So what is a “transformative” use? If this definition seems ambiguous or vague, be aware that millions of dollars in legal fees have been spent attempting to define what qualifies as a fair use. There are no hard-and-fast rules, only general guidelines and varied court decisions, because the judges and lawmakers who created the fair use exception did not want to limit its definition. Like free speech, they wanted it to have an expansive meaning that could be open to interpretation.
Most fair use analysis falls into two categories: (1) commentary and criticism, or (2) parody.
Emphasis mine.
Translation: You can share your fanworks (we're not telling you to sell them) and if you get in trouble, you can claim "fair use," and if that defense doesn't work because fair use isn't applicable, we will not protect you from whatever legal ramifications you face.
Whether a piece of fanfiction meets the requirements for fair use varies depending on the work. Intellectual property rights holders are in the best position to decide if they think a fanfiction or fan art violates their rights.
I'm just going to say Anne Rice and leave it at that.
Okay, I'll say more than that. Many authors, creators, etc won't hesitate to, at the very least send you a cease and desist and, at the worst, file a lawsuit against you. This is why it's so important that AO3 is non-profit and you can't link to or mention your ko-fi, patreon, etc - because many ip rights holders do not consider fanworks to be fair use and will go after authors (or artists, etc), so AO3's legal defense rests on "nobody is making money or profiting from this."
What Tumblr is doing is removing itself from any responsibility here by saying, okay, even if what you post isn't considered fair use, it's fine unless the person who owns that intellectual property decides to come after you, in which case, again, we are not going to protect you.
Tumblr went out of its way to say their statement on copyrights came directly from a lawyer. All this means to me is that Tumblr got their lawyer(s) to word their side in a way that protects them from any legal liability while still encouraging you to profit off of copyrighted works, and they're trying to make it seem like a lawyer has said this is fine, but that is very much not the case.
tl;dr: Copyright law and "fair use" are much more complicated than you might think, and the latter is probably not going to hold up as a defense if someone comes after you, and Tumblr still will not protect you. So again, by creating a post+ account and putting fanworks behind a paywall, you will be making yourself very vulnerable to legal action being taken against you and Tumblr will not do a thing to help you.
!!!!!!! If possible please reblog this version, re: tumblr's stance on fair use. I've already seen a few people saying tumblr said it's legal to monetize fanworks, so their post is definitely sending the wrong message to users.
LOUDER BEAR MCCREARY, LOUDER FOR THE PEOPLE IN THE BACK!!!!!!!!!!!!!!!!!!!!!!!
Also, thus far, I have found that any show that Bear McCreary works on is a show that is worth watching. Don’t know if that will hold up, but thus far in my watching experience it has been true.
Also, also, unlike many shows which kind of peter out or end suddenly mid-plotline, Black Sails has a proper ending. It absolutely makes my personal 10 best TV series list. Though, it is a show about pirates. It is vicious and brutal and beautiful, but it is not a feel good show.*
* Unless you are really in to period costuming with a purpose or art criticism and analyzing the art used in the backgrounds and sets or something which seemed like a small little detail (like a necklace) coming back two seasons later to be hugely important. This is a show where quite often the teeny little details matter and were considered. And seriously, all the background stuff in support of the acting is just brilliant. This is a show that has had lighting that made me gasp at its perfection.
Though also, don’t try to make the time lines fit for the historical figures represented in the show, they won’t. And there are kind of reasons for that, but also they’re used to represent different types and waves of piracy and different archetypes so just like... half the people were historical figures, another quarter are fictional from other sources, and the last group were made up for the show, though sometimes tied into families and groups which actually existed. Roll with it and don’t worry that e.g. Anne Bonney’s timeline is seriously adjusted from her historical timeline.
Anyway, if you have not watched Black Sails and can watch things with violence and a certain amount of gore and few, if any, actually good people (compelling, interesting people who have reasons for what they do, but not good), then this is a show to check out. Last I knew you could even watch it free with commercials.
turns out when you ask other Americans “hey did your high school have you fill out a questionnaire that matched you romantically with your classmates” the response you get is either ‘what the fuck’ or ‘yeah we did that too lol’
I mean, I went to an all girls high school that was trying really hard to pretend there were no same-sex-attracted people there. Soooo.... noooo? But also I don’t remember any of my friends who went to more normal high schools doing this either. So I’m still on team wtf?!
sometimes I think about how brussel sprouts, cabbage, broccoli, cauliflower, kale, collard greens, savoy cabbage, kohlrabi, and gai lan are all the same species, and i understand why biologists are constantly furious about taxonomy
I’m sorry what
same species. same fucking species
Somebody please explain this because what the fuck
i can do that!
Introducing the Brassica oleracea, a plant species whose cultivars include…all of the above. They all originated from the same plant aka THIS FUCKER!
No, really. This thing has existed in Europe for thousands of years, during which time different societies had different culinary preferences, leading them to selectively breed for different traits. For example, a preference for the eating leaves led farmers to select seeds from the plants with the largest leaves, resulting gradually in the development of kale.
The real fun thing is, this happened on a vast timeline. Kale was developed over 4000 years ago, while Savoy cabbage was first documented just 5 centuries ago. And different cultivars developed in different regions across Europe and Asia, with their phenotypes and names changing wildly over time. (Fun fact, Brussels sprouts are indeed named for Brussels, the capital city of Belgium, where they were developed from a predecessor imported from Rome.)
The list above isn’t even exhaustive btw. There are plenty of other ridiculous cultivars (such as the Jersey cabbage, pictured below), and there’s no telling how many other forms existed throughout history, and which would have counted as distinct cultivars, and how many names and groups they were separated into, and, and, and—and imposing taxonomy on the real world is a mess, basically, because the real world does not give a shit about making itself comprehensible or categorizeable. But still we try. Planet Earth has Hot Mess Energy, and would you really have it any other way?
ko-fi
oh honey
yeah
been fucking around w meme templates trying to make some sweet relatable add content but forgot i was in the middle of one and then i came back to
whatever idea i had, it can’t be better than this
there’s this specific brand of lazy media criticism seen on tumblr and twitter that I like to call “checklist criticism”. it is called like this because it consists on checking for the presence of superficial signifiers of a Bad Trope™ (as if going through a static checklist) in a given piece of media and declaring said piece of media to be, therefore, bad, without taking into account factors such as context, nuances, the handling, the framing, and, most importantly, what makes this bad trope bad in first place, and if the harm it usually causes is still being perpetrated in this particularly story given the aforementioned contextual variables.
an example of checklist criticism that happens a lot is the common “[x] this tv show has a female character [x] who dies before the show is over, therefore = Woman In The Refrigerator™, show bad!” Okay but, how did she died? What were the circumstances around her death? What purpose did it serve in the larger story? Did she die just to advance someone else’s story or she died fulfilling her own arc? Did she had any agency in the way she went or was she a passive victim of circumstance? Was her death dignified or unnecessarily violent? Are there any other important female characters that make it to the end? The Woman In The Refrigerator™ trope is not bad because women dying in fiction is inherently bad – if no female character were ever allowed to die, even in war or crime or post-apocalypt fiction, there’d be very low stakes for female characters, and low stakes mean very little reason to care about them. The WITR trope is bad because it’s about treating female characters as more expendable than male ones, banalizing violence against women in fiction, and cutting short female representation from pieces of fiction – which, most of the time, is already low. A female character whose death has an actual point in her own storyline, who’s afforded the same weight and dignity as male character’s deaths, and in a story where there’s no shortage of other female characters that survive the end of the story, is not a Fridged Woman, she’s just a female character who dies.
Another example – and here I’m taking an example from my own identity, so I don’t get accused of stepping on anyone’s feet – would be something like “this book has a [x] latina character, she’s [x] loud and spontaneous, she likes to [x] flirt and sleep around. Spicy Latina™! Book racist!” Okay, is she a caricature of a loud and spontaneous latina or is she a fully realized human being with a fully rounded personality, including dreams and wishes and opinions and vulnerabilities and agency, who just happens to be spontaneous, like so many people across multiple ethnicities happen to be? Is being flirty and spontaneous her only character traits or does she have more (that may go against other stereotypes about latinas)? Is her flirtness and sexuality framed in a fetishistic way that favors a (white) male gaze or it is framed in a nuanced way that prioritizes her pov and her agency and her pleasure and her happiness? Did the author really give her those traits because they’re a lazy fuck that couldn’t think of other traits to give his latina character other than spontaneous and flirty or do those characters traits have an actual point in the context of this particular story? Again: keep in mind why bad tropes are bad in first place.
We live in a time where reductive criticisms are an easy source of clout over actually thoughtful and deep analysis that don’t easily lend themselves to the type of short and snappy hot takes for twitok format and I’m exhausted.
Like, this lack of understanding of what makes certain bad tropes bad is how we ended up with a plethora of male writers patting themselves in the back for creating a ~deconstruction of the Manic Pixie Dream Girl trope~ by writing stories where the male protagonist has to learn that the girl they assigned as their personal MPDG is not interested in fixing him, while still making it all about their male protagonists POV and their story and their arc. The MPDG is not bad because women being quirky is bad or because people helping their partners grow is bad. The MPDG is bad because it’s about women being narrative tools with no inner life helping the growth of the male protagonist, and if you write a story where she still has no personhood and is still pretty much defined by your male protag’s view of her you’re not changing anything just because the dude has to learn by the end that his view of her was wrong and she never wanted to save him. you still wrote a story about a flat female character that helps the pov male protag learn a lesson, only this time it was a different lesson, you just changed the window dressing.
Some context for the destruction of that Aboriginal site:
When indigenous ppl complain that their sacred sites are being destroyed and they say stuff like "we have a cultural connection to this place" "if we can't come here it's like ripping off our roots" "we need this place to communicate with our ancestor spirits" etc., white australians are conditioned to handwave statements like that away with shit like "oh well they're just saying that, it's just a random tree, they'll get over it, obviously ancestor spirits aren't real, sacredness of trees isn't real", and that is total bullshit.
Aboriginal sacred sites are integral parts of highly sophisticated mnemonic techniques that have been proven to preserve information for (i know this sounds hard to believe but) at least ten thousand years (they accurately describe coastlines that are now underwater, or dry areas that have since been rainforests for 7000 years, or extinct megafauna etc.)
Physical features (either in one place, or along a track known as a songline) work as subheadings in an encyclopaedia. Ritualised teachings tell people what rituals or song cycles (like subheadings in an encyclopaedia) to associate with specific visual cues, and then those songs all contain stories that have (for example) systematised knowledge of every local animal and plant, contained in songs for easy memorisation. White anthropologists mostly handwave these techniques away as "animist beliefs" and "ancestor worship" but in reality it's this extremely sophisticated system of knowledge that's something like a cultural encyclopaedia, and that's why it's such a big deal when this fucking anglo settler state and its profiteers destroy these locations like it means nothing bc "oh it's just a tree" or "what it's a rock they'll just go to another rock"
Without the goverment, who will help those in need?
Okay, the notes on this are giving me hives and I am seriously concerned about the absolute lack of critical thinking present, so some things about this from a union electrical worker who works a city contract:
1) Are those stairs up to code?
Just by looking at them: no. Open risers are a tripping hazard, I don’t see any tread grips so they’ll become a death trap in wet conditions, and those treads don’t look thick enough, supported enough, or even level. But hey, maybe it’s just a bad photo. But how far do the railing support posts go underground? Are they below the frost line? Were they properly supported in concrete? Was the concrete prepared right and given enough time to cure properly? Is the wood properly treated for weather resistance? Did he take into account the ground shifting on such a steep grade?
Even IF he did all that and the stairs were 100% up to code, the city has no way to verify that. So no, the city can’t just leave them there.
2) Who cares if the steps are up to code?
I saw a concerning amount of this in the notes. I thought we were all on the same page re: Cities have a moral obligation to make sure their structures aren’t deathtraps waiting to happen, and that’s what codes are for. I promise you, you WANT buildings and structures to follow codes and regulations. But in any case, they definitely have a legal obligation for it, so if they leave those stairs up on public land and someone trips, the city could be on the hook for millions in damages. So no, the city can’t just leave them there.
3) There’s no way stairs cost that much, it’s just the city stuffing its pockets:
$65,000 definitely seems on the steep side to me, and I’d want to see a breakdown of expenditure. But I also don’t know the scope of the project. For a set of stairs like the ones above? Yeah, that’s a lot. To excavate the entire grade and put in a concrete structure that includes stairs, an ADA compliant ramp, and good quality weather resistant material? That sounds more reasonable.
But the city also likely needs to have the following: a ground survey of the build site, architects to draw the plans, civil engineers to OK the plans, and the contractors - typically union, and therefore more expensive - to excavate and then build the structure. All of those steps are going to take a LOT of people and a LOT of time and therefore, a LOT of money.
4) Labor doesn’t cost that much, someone is just giving the job to his contractor buddy who’s inflating the price:
Labor does cost that much. Stop telling people to unionize and demand the value of their labor and then getting mad when people do it.
Anyway, in my city at least, contracts are done by blind bid and the lowest bid wins. Under most circumstances, my city legally cannot take a higher bidder, explicitly to prevent the above circumstance.
TL;DR:
“Local man puts up steps” is NOT a safe solution to this problem, the city legally and morally cannot let an unsafe structure stand, even simple construction is complicated and expensive as hell, and acting like the city could have done this for $500 is ridiculously out of touch.
This twitter thread has some pictures showing why the steps were highly unsafe. They’re basically unattached, the railing is held in place by some rocks wedged under it, the angle is way too steep, the wood is incredibly slippery in the rain, there are jagged pieces of wood sticking up in several places …
To be clear, it’s a nice effort by a well meaning hobby carpenter. But that doesn’t make them safe enough to use.
Look, I’m just saying that if I had turned in stairs that looked like that in my theater tech classes, I’d have gotten an F. And that’s even without having to attach and support it properly on potentially sliding ground. I can almost hear the sarcastic comments in my head. Those stairs are not even close to safe.
There are even ways someone could have donated their labor and/or supplies in ways the city could accept but also ensure that the staircase was properly and safely built.
I’ve already seen discourse on Twitter about Keanu Reeves and his girlfriend bc apparently, 46 ISN’T age appropriate for a 55 year old man or something and I’m starting to think some people don’t understand the discussion about age gap relationships….it’s not about age gaps themselves, it’s about adults dating people who aren’t adults (usually teenagers). But also, 46 and 55 is age appropriate jfc
Yeah bruh it’s not the actual gap ffs people, it’s the age gap RELATIVE TO THE PEOPLE’S AGES
Let’s see some examples:
3 year gap between a 15 and 18 year old: BAD. ILLEGAL. FUCKED UP.
3 year gap between a 30 and 33 year old: they’re practically the same age
10 year gap between a 25 and 35 year old: hmm kinda weird, might let it slide, but no.
10 year gap between a 60 and 70 year old: yeah trust me you’re good.
9 year gap between a 20 and a 29 year old: let me put this into perspective, person A could be in their second year of college and person b graduated 7 years before. That’s weird and they’re at INFINITELY different stages in life.
9 year gap between a 46 year old and a 55 year old: they’re both middle aged, they’re both at the same stage in life, they’ve probably both have had some sense of stability for a while now and probably no wildly violent life changes like high school/college/first job/first partner have happened in a while. It’s FINE.
I know a lot of young teens who don’t understand this. :/
oh thank god someone explained it
