Putting EULAs in a New Light

We've seen a remarkable array of restrictive license agreement terms on hard goods over the years -- a woodworking tool that only one person can use, ink jet cartridges that can't be refilled, carbonated beverage canisters that must be returned to the manufacturer, even tropical fish that you have to keep from fooling around. Now comes one of the strangest yet -- a camera with a EULA that allows only certain people to use it, and only to take certain kinds of pictures.
"Here is a completely new kind of EULA for you near the bottom of this page," a reader wrote earlier today. "Certain cameras from Fuji contain EULA that say when you can and can't take a picture!!"

The Fujifilm USA EULA reads:
Fujifilm UVIR Digital Camera USA End User License Agreement:
By breaking the packaging seal you acknowledge your understanding and acceptance of Fujifilm's Ultraviolet (UV) and/or Infrared (IR) sensitive digital camera firmware End User License Agreement. The camera firmware contained in each system package is fully activated to engage the camera's UV and/or IR capabilities and ready for use. No other firmware modifications are necessary in order to activate the camera's UV and/or IR wavelength sensitive CCD. THIS LICENSE IS NON-TRANSFERABLE.
You hereby acknowledge and agree that your use of the camera's UV and/or IR light energy sensitive capabilities, as enabled by Fujifilm's camera firmware, will be purely to accomplish a legitimate business purpose in the medical, forensic, fire investigative, law enforcement, scientific, systems integrators, museum/antiquity, aerial photographic survey, astronomy, professional nature and fine art photography, photographic education and local and federal government markets.
In addition, you further agree not to use the camera's hardware and firmware enabled capabilities to engage in unethical photographic conduct involving the violation of personal privacy, child endangerment, lewd photography, and or paparazzi like activities.

The reader points out that the EULA is followed by a link to a PDF "Purchase Request Questionnaire" form, so it's possible that Fujifilm is serious about trying to enforce this. And no doubt some will applaud the company for trying to keep its technology out of the hands of perverts and paparazzi, or at least trying to cover its backside for when it does happen.

Hey, maybe next we'll see gun manufacturers with EULAs that say you only shoot bad people with their weapons. There's a very slippery slope when manufacturers use sneakwrap-type agreements to restrict how their products are used and by whom. One thing Fujifilm should keep in mind is that an end user license agreement in actuality is neither a real agreement nor a real license.

credits: Ed Foster at weblog.infoworld.com/

Post your comments about this story on Ed Foster's website or write Ed Foster at Foster@gripe2ed.com.

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Kodak at a crossroads

After a four-year overhaul, the American photography giant has leapt into the digital age, but will it be enough?

ROCHESTER, N.Y. — The boom in digital photography triggered a series of aftershocks at Eastman Kodak Co. as one after another of its aged factories was dynamited.
Since 2004, the world's biggest film manufacturer has eliminated 27,000-plus jobs, cast off major operations and invested billions to gain a firm foothold in the highly competitive arena of electronic imaging. It now offers an alluring patchwork to help people harness their photo collections: a 70-million-member online service, 80,000 retail kiosks and an array of digital cameras, printers and other devices.
The most perilous turnaround in Kodak's 127-year history is officially over, and fourth-quarter results due next Wednesday will spell out the final four-year toll — upward of $3.4 billion.
But questions about the photography pioneer's prospects are intensifying: Will it adapt and flourish, propelled by a rich portfolio of patents? Is it destined for a breakup? Might it even join forces a few years from now with Xerox Corp., its historic cross-town rival?
"Their strategy makes sense, they're doing the right things ... but the competitive reality they face is extremely daunting and will only grow more challenging over time," said Citigroup analyst Matthew Troy.
Chief Executive Antonio Perez, who ran Hewlett-Packard Co.'s digital printing operations before succeeding Dan Carp at Kodak's helm in June 2005, "is doing an excellent job," Troy said. "It's just that, with what he has, I don't know if anyone can do that job."
Ten of 11 key analysts rate Kodak neutral or advise selling its stock. The shares, which topped $94 in 1997, skidded to a 30-year low when they closed at $18.04 on Jan. 15. Kodak's payroll, which peaked at 145,300 in 1988, has shriveled to around 30,000, a level not skimmed since the Great Depression.

Read on at mailtribune.com

Credits: By BEN DOBBIN - The Associated Press

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Bernie Boston, 74; photographer chronicled a tumultuous era

Bernie Boston, the photojournalist who captured the iconic image of a young Vietnam War protester placing a flower in the barrel of a rifle held by a National Guardsman, died Tuesday at his home in Basye, Va. He was 74.Boston, a former photographer for the Washington Star, the Dayton Daily News and the Los Angeles Times, died from complications of amyloidosis, a rare disease in which abnormal proteins build up in organs and tissues, said his wife, Peggy Boston.

The photo known as "Flower Power" became Boston's signature image and earned him acclaim in the world of photojournalism. Taken during an antiwar march on the Pentagon on Oct. 22, 1967, the photo was a finalist for the Pulitzer Prize." 'Flower Power' is one of those quintessential images," said Therese Mulligan of the Rochester Institute of Technology, which houses Boston's archives and in 2006 presented an exhibition of his works. "It sums up that period, how a lot of people feel about the '60s."

Read Jocelyn Y. Stewart, Los Angeles Times Staff Writer's, article about Bernie Boston at Los Angeles Times

and see "One of those quintessential images".

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Rare double feature for cinematographer Deakins

LOS ANGELES (Hollywood Reporter) - Here's an Oscar fact to focus on: Roger Deakins is the first director of photography to receive two nominations in the same year since 1971.
The cinematographer on "No Country for Old Men" and "The Assassination of Jesse James by the Coward Robert Ford" pulled off the first double in the category since Robert Surtees was nominated for "The Last Picture Show" and "Summer of '42."
Deakins is no stranger to Oscar's attention, having earned five nominations -- for the Coen brothers' "The Man Who Wasn't There," "O Brother, Where Art Thou?" and "Fargo" as well as "Kundun" and "The Shawshank Redemption."
"It's fantastic. How often do you get so lucky to do two such great and varied films?" a surprised Deakins said, adding that this year saw "such stiff competition and such diverse work."
"No Country" and "Jesse James" both are Westerns in the broadest sense but vary in approach. "No Country" is a dark, contemporary thriller with lighting that builds suspense. "Jesse James" is a stylized period drama.
Deakins also earned accolades for a third film in 2007, "In the Valley of Elah."
Celebrating his Oscar nominations will have to wait because he's on location in New York shooting "Doubt," John Patrick Shanley's screen adaptation of his hit play.
Read on at reuters

Credits: Carolyn Giardina at today.reuters

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The Internet Killed the Photography Star

It seems like every week there’s another example of how the Internet has toppled business models that have been in place longer than the Internet itself. Control is not really possible when there are so many ways to pirate or undercut sales. The newspaper, music, movie, and now images market are changing drastically.

Now, Getty Images, which is the world’s largest supplier of pictures, is for sale. Goldman Sachs is handling the deal which the New York Times says could get $1.5 billion. In November, Getty reported a third-quarter profit of $25.7 million, down 31 percent a year ago.

Getty was the first to license images online and now it’s fallen victim to it. Sites like Flickr, iStockphoto (which they bought for $50 million in 2006), and others charge much less - sometimes free or a dollar an image. That forced Getty to lower their prices. Then came cell phone cameras, that have further eroded their profit (which is interesting because though they are low quality they are quick to get, free, and people like how real they are). Their shares dropped more than 47 percent this past year.

I noticed that Getty also sells music (another industry that has been killed, or should I say transformed, by the Internet).

Getty was founded by Jonathan Klein and Mark Getty (see picture, left) in Seattle in 1995. The Getty family, who made their money in oil, owns about 20 percent of the company. They grew by taking traditional image stock archives and putting them online. They also sell high end photography from professional photographers and distribute images from National Geographic and others. They claim an average of 3.2 billion images and 4 million monthly unique visitors to its web site.

credits: marketingpilgrim.com

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160 Megapixel Camera from Seitz

This odd-looking camera that looks like a cross between a vintage and modern version captures odd-sized pictures at an incredible 160 Megapixels.

Don’t look for this one at your local Best Buy. It’s for specialty photography and the prices for a kit can go as high as $40,000. Notice how the grip ergonomics have been worked out to help keep a firm hold on this expensive beast. It’s MUCH bigger than your average point and shoot, at 6 x 17 inches. One full resolution image taken with this camera at 48-bit colour depth will take up 900 MB of storage space!

Obviously it takes some massive memory to use this camera. It can also be operated remotely using a PDA. If you take photography this seriously, you may be forced to sell your home to keep snapping pictures.

With the revolutionary Seitz 6x17 Digital you can:
Create a high-resolution (160 million pixel) 6x17 digital scan in just one second
Capture action thanks to a minimum exposure speed of 1/2000 sec. (per pixel) - images full of speed, motion and life!
Benefit from an outstanding image quality in virtually all light situations:- 16-bit per channel (48-bit RGB) colour depth- anti-blooming- low noise- dynamic range of 1:2,600 (11 f-stops)- Seitz image optimisation algorithms
Use world-class large format Schneider or Rodenstock lenses - or reuse your existing set of lenses
Process a high-definition high dynamic range panorama directly in the RAM of the computer (single-pass, multi-pass)
Use a very user-friendly software with very advanced features
Take advantage of the latest technology in tablet PCs for image control, display and storage
Remove the Seitz D3 digital scan back and use it with the Roundshot D3, the Alpa family of medium format cameras (Alpa 12 SWA, WA, TC, XY) or with other medium or large format cameras (in the future)

credits: Conner Flynn at Slipperybrick.com
and
Check out more details at roundshot.ch
and see D3 sample images at http://www.roundshot.ch/xml_1/internet/de/application/d438/d925/f941.cfm

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The Digital Photography Experience

Though Apple hasnt' re-introduced a digital camera since it's short lived QuickTake camera back in 1994, this year's Macworld Conference introduced what it calls The Digital Photography Experience, set up for attendees to get "hands-on demonstrations, training, and tips on everything from cameras, to printers, to hosting services, to asset management, and more."
Though of course Macworld is not a photography conference, I think in the coming years, we'll see even more focus on digital photography at Macworld, along with more software and even hardware support from Apple for digital photographers.
See a few highlights from the exhibit floors: at mymac.com

MyMac welcomes reader feedback. Please REGISTER to become a free contributor, or LOGIN.

Credits: Bakari Chavanu

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