The Wrong Way To Do Business…

Just a minor irritant…

I came across this interesting bit of small print when I was checking out a new blogging platform being launched (www.kontain.com) as the easiest way to blog ever… just upload your photos, images, videos and – instantly – beautiful web presentation – FREE. Cool, I’m ready to jump on in, but let’s just look at the small print…

Small catch in the small print: everything you upload is now and forever owned by this company – all your creative rights – forever – gone. To me, this is a sickening policy and the wrong way to launch a business. Here’s the small print (the highlighting is mine): you can find the complete “terms of use” here: http://www.kontain.com/#legal/terms

In connection with User Content that you make available on the Kontain Service, you expressly represent and warrant that you own or have the necessary licenses, rights, authority, consents, and permissions to use and authorize Kontain to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content as part of the Kontain Service under these Terms of Use.  By submitting, posting, uploading, emailing or otherwise providing User Content to Kontain, you hereby grant (or warrant that the owner of such rights has expressly granted) Kontain a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable and transferable license to use, reproduce, modify, distribute, prepare derivative works of, display, publish, perform and transmit the User Content in connection with the Kontain Service, including without limitation for promoting and redistributing part or all of the Kontain Service (and derivative works thereof) in any media formats and through any media channels. You warrant that all moral rights to the User Content you submit have been waived. You also hereby grant each user of the Kontain Service a non-exclusive license to access your User Content through the Kontain Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Kontain Service and under these Terms of Use.

Maybe I’m naive, and this kind of thing goes on all the time – who knows who might own some of my work?!? But now it has my attention, and I thought I’d pass this along so you might think twice about what you sign-up for online…


The Silhouettes of the Trees of Winter

Long Beach at dusk with winter trees...Every evening during this winter, when I’m walking Moseley (my dog), I get lost in staring at the winter trees with their beautiful silhouettes… it mesmerizes me.

I’ve been waiting since last summer to watch the trees change color and lose their leaves, finally to stand naked, quiet and settled in until the spring sunlight starts the re-greening process.

Since Moseley entered our lives a couple of years ago, and walking in my neighborhood has become a regular, several times-a-day-event, I’ve fallen in love with my local trees.

Last summer I did several video collages of one of my favorite trees on First Street here in Bluff Park, you can see one of them here:

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Tree – 2405 E. 1st Street, Long Beach, CA

Planet Venus

An added bonus every evening is to look up a see the planet Venus as the evening star, which sends my mind off into thoughts about the Maya time-system , non-linear time-space, my place on a round planet and other “beyond the horizon” kind of mental explorations.

I’m sure it does the same thing for you too…

About the image: photos from my cellphone on January 30th, 2009

Have a nice evening…


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