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pcttrailsidereader · 9 months

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Beauty and the Logging Beast

I typically sing the praises of the PCT as it travels through Washington state. Washington was my first encounter with the trail and like many first loves it has remained one of my favorites. Others may understandably sing the praises of the Sierra however the North Cascades offer stunning beauty that can and often does get overlooked. This is complicated by logging practices that tend to interrupt the overall beauty found along Section I.

Section I is the section between White and Snoqualmie Passes. The stunning beauty encountered in the Goat Rocks Wilderness continues heading north bound. Rambling through well-protected sub-alpine wilderness keeps one's heart beating with exertion and the surrounding beauty. Unfortunately a few days and miles later it descends into heavily-logged, privately-owned land. An honest description of this stretch offers a dramatic illustration of the effects of public land protection and private industry on the Washington's landscape. Here there is a reminder of Washington's historic logging past and challenging future further complicated by the threat of fire.

Beginning in the lush hills and meadows of the William O. Douglas Wilderness, Section I climbs and dips at a relatively moderate pace. Following the crest from White Pass, the trail passes through sub-alpine meadows and past many lakes and streams. Mount Rainier is ever present here and there are points where the trail passes within twelve miles of the peak.

Reaching near the halfway point, the trail dips below the sub-alpine zone, entering a varied landscape of meadows, forests and the occasional ridge-top. Approximately forty miles from Snoqualmie Pass, the trail changes personality from engaging to potentially off putting. Here the trail enters land shared by private companies and the Forest Service. This is where for nearly half these miles the trail leads through clear-cuts and exposed hillsides. There, depending on the weather, hikers can encounter the full wrath of the elements in the logged areas and also enjoy the pockets of protected lands. All is not lost. Along the way there is a mile-long swatch of old growth forests, and beautiful mountain lakes and meadows.

From Chinook Pass, the trail feels easy. Before long Interstate 90 at Snoqualmie Pass greets you. Closer to the pass, it is not unusual to to encounter more and more day hikers, and overnight campers particularly if you arrive on a sunny summer weekend.

#north cascades #Snoqualmie Pass #Mount Rainier #William O. Douglas Wilderness #Clear cut logging

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coraleeannibal · 2 years

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beach leaning tree, august 24 2021

if you like what I post, please consider sending me a tip on ko-fi!: https://ko-fi.com/leeannibal

#35mm #35mm film #film #landscape #nature #beach #ocean #mount Douglas beach #victoria #Vancouver Island #british columbia #film photography #lensblr #original photography #photographer #pentax k1000 #aug #2021

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feel-good-stuff · 2 years

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Pacific Northwest chilling

#mount st. helens #douglas fir #coldwater lake #smoky haze #wildfire season #aesthetic #mood #vibe #nature

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whats-in-a-sentence · 2 months

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Constable Douglas Saunders knew the Wangkatha people of Mount Margaret. He had no doubt a clash had taken place at Wallaby Rocks, but he called Uhr's claim that the Wangkatha were unprovoked a fairy tale.

From information corroborated by many during my journey to Mt Margaret, I heard; that a party of white men . . . went down to this Creek – for water, & on reaching the spot, found some natives there – chiefly women & children. The whites at once commenced to hunt them away; although the aboriginals shewed them that they also wanted water. They called out "Gabé me"? "Gabé me"? and no doubt made a great noise over it although their meaning was simply – "Give me water"? or something to that effect.

It transpired that the whites 7 in number assumed the offensive, and fired on the Aboriginals with revolvers – and whether they were rank bad shots or did not wish to harm their opponents is hard to say anyhow – it simply made the Blacks "form up" into Battle array, and placing the children in the foreground and the women in the centre they took up themselves a position to the immediate rear – with weapons poised for action.

Spears were thrown and during this somewhat ill-assorted "melée" one of the party of whites, ran for a rifle.

"Killing for Country: A Family History" - David Marr

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il-faut-etre-shooter · 8 months

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Master Bath in Portland Inspiration for a mid-sized modern master gray tile and travertine tile dark wood floor and black floor walk-in shower remodel with flat-panel cabinets, medium tone wood cabinets, a wall-mount toilet, white walls, an integrated sink, quartz countertops, a hinged shower door and gray countertops

#wood floor in bathroom #wall mounted toilet #shower niche #custom vanity light #douglas fir

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mostlysignssomeportents · 4 months

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It all started with a mouse

For the public domain, time stopped in 1998, when the Sonny Bono Copyright Act froze copyright expirations for 20 years. In 2019, time started again, with a massive crop of works from 1923 returning to the public domain, free for all to use and adapt:

https://web.law.duke.edu/cspd/publicdomainday/2019/

No one is better at conveying the power of the public domain than Jennifer Jenkins and James Boyle, who run the Duke Center for the Study of the Public Domain. For years leading up to 2019, the pair published an annual roundup of what we would have gotten from the public domain in a universe where the 1998 Act never passed. Since 2019, they've switched to celebrating what we're actually getting each year. Last year's was a banger:

https://pluralistic.net/2022/12/20/free-for-2023/#oy-canada

But while there's been moderate excitement at the publicdomainification of "Yes, We Have No Bananas," AA Milne's "Now We Are Six," and Sherlock Holmes, the main event that everyone's anticipated arrives on January 1, 2024, when Mickey Mouse enters the public domain.

The first appearance of Mickey Mouse was in 1928's Steamboat Willie. Disney was critical to the lobbying efforts that extended copyright in 1976 and again in 1998, so much so that the 1998 Act is sometimes called the Mickey Mouse Protection Act. Disney and its allies were so effective at securing these regulatory gifts that many people doubted that this day would ever come. Surely Disney would secure another retrospective copyright term extension before Jan 1, 2024. I had long arguments with comrades about this – people like Project Gutenberg founder Michael S Hart (RIP) were fatalistically certain the public domain would never come back.

But they were wrong. The public outrage over copyright term extensions came too late to stave off the slow-motion arson of the 1976 and 1998 Acts, but it was sufficient to keep a third extension away from the USA. Canada wasn't so lucky: Justin Trudeau let Trump bully him into taking 20 years' worth of works out of Canada's public domain in the revised NAFTA agreement, making swathes of works by living Canadian authors illegal at the stroke of a pen, in a gift to the distant descendants of long-dead foreign authors.

Now, with Mickey's liberation bare days away, there's a mounting sense of excitement and unease. Will Mickey actually be free? The answer is a resounding YES! (albeit with a few caveats). In a prelude to this year's public domain roundup, Jennifer Jenkins has published a full and delightful guide to The Mouse and IP from Jan 1 on:

https://web.law.duke.edu/cspd/mickey/

Disney loves the public domain. Its best-loved works, from The Sorcerer's Apprentice to Sleeping Beauty, Pinnocchio to The Little Mermaid, are gorgeous, thoughtful, and lively reworkings of material from the public domain. Disney loves the public domain – we just wish it would share.

Disney loves copyright's other flexibilities, too, like fair use. Walt told the papers that he took his inspiration for Steamboat Willie from Charlie Chaplin and Douglas Fairbanks, making fair use of their performances to imbue Mickey with his mischief and derring do. Disney loves fair use – we just wish it would share.

Disney loves copyright's limitations. Steamboat Willie was inspired by Buster Keaton's silent film Steamboat Bill (titles aren't copyrightable). Disney loves copyright's limitations – we just wish it would share.

As Jenkins writes, Disney's relationship to copyright is wildly contradictory. It's the poster child for the public domain's power as a source of inspiration for worthy (and profitable) new works. It's also the chief villain in the impoverishment and near-extinction of the public domain. Truly, every pirate wants to be an admiral.

Disney's reliance on – and sabotage of – the public domain is ironic. Jenkins compares it to "an oil company relying on solar power to run its rigs." Come January 1, Disney will have to share.

Now, if you've heard anything about this, you've probably been told that Mickey isn't really entering the public domain. Between trademark claims and later copyrightable elements of Mickey's design, Mickey's status will be too complex to understand. That's totally wrong.

Jenkins illustrates the relationship between these three elements in (what else) a Mickey-shaped Venn diagram. Topline: you can use all the elements of Mickey that are present in Steamboat Willie, along with some elements that were added later, provided that you make it clear that your work isn't affiliated with Disney.

Let's unpack that. The copyrightable status of a character used to be vague and complex, but several high-profile cases have brought clarity to the question. The big one is Les Klinger's case against the Arthur Conan Doyle estate over Sherlock Holmes. That case established that when a character appears in both public domain and copyrighted works, the character is in the public domain, and you are "free to copy story elements from the public domain works":

https://freesherlock.files.wordpress.com/2013/12/klinger-order-on-motion-for-summary-judgment-c.pdf

This case was appealed all the way to the Supreme Court, who declined to hear it. It's settled law.

So, which parts of Mickey aren't going into the public domain? Elements that came later: white gloves, color. But that doesn't mean you can't add different gloves, or different colorways. The idea of a eyes with pupils is not copyrightable – only the specific eyes that Disney added.

Other later elements that don't qualify for copyright: a squeaky mouse voice, being adorable, doing jaunty dances, etc. These are all generic characteristics of cartoon mice, and they're free for you to use. Jenkins is more cautious on whether you can give your Mickey red shorts. She judges that "a single, bright, primary color for an article of clothing does not meet the copyrightability threshold" but without settled law, you might wanna change the colors.

But what about trademark? For years, Disney has included a clip from Steamboat Willie at the start of each of its films. Many observers characterized this as a bid to create a de facto perpetual copyright, by making Steamboat Willie inescapably associated with products from Disney, weaving an impassable web of trademark tripwires around it.

But trademark doesn't prevent you from using Steamboat Willie. It only prevents you from misleading consumers "into thinking your work is produced or sponsored by Disney." Trademarks don't expire so long as they're in use, but uses that don't create confusion are fair game under trademark.

Copyrights and trademarks can overlap. Mickey Mouse is a copyrighted character, but he's also an indicator that a product or service is associated with Disney. While Mickey's copyright expires in a couple weeks, his trademark doesn't. What happens to an out-of-copyright work that is still a trademark?

Luckily for us, this is also a thoroughly settled case. As in, this question was resolved in a unanimous 2000 Supreme Court ruling, Dastar v. Twentieth Century Fox. A live trademark does not extend an expired copyright. As the Supremes said:

[This would] create a species of mutant copyright law that limits the public’s federal right to copy and to use expired copyrights.

This elaborates on the Ninth Circuit's 1996 Maljack Prods v Goodtimes Home Video Corp:

[Trademark][ cannot be used to circumvent copyright law. If material covered by copyright law has passed into the public domain, it cannot then be protected by the Lanham Act without rendering the Copyright Act a nullity.

Despite what you might have heard, there is no ambiguity here. Copyrights can't be extended through trademark. Period. Unanimous Supreme Court Decision. Boom. End of story. Done.

But even so, there are trademark considerations in how you use Steamboat Willie after Jan 1, but these considerations are about protecting the public, not Disney shareholders. Your uses can't be misleading. People who buy or view your Steamboat Willie media or products have to be totally clear that your work comes from you, not Disney.

Avoiding confusion will be very hard for some uses, like plush toys, or short idents at the beginning of feature films. For most uses, though, a prominent disclaimer will suffice. The copyright page for my 2003 debut novel Down and Out in the Magic Kingdom contains this disclaimer:

This novel is a work of fiction, set in an imagined future. All the characters and events portrayed in this book, including the imagined future of the Magic Kingdom, are either fictitious or are used fictitiously. The Walt Disney Company has not authorized or endorsed this novel.

https://us.macmillan.com/books/9781250196385/downandoutinthemagickingdom

Here's the Ninth Circuit again:

When a public domain work is copied, along with its title, there is little likelihood of confusion when even the most minimal steps are taken to distinguish the publisher of the original from that of the copy. The public is receiving just what it believes it is receiving—the work with which the title has become associated. The public is not only unharmed, it is unconfused.

Trademark has many exceptions. The First Amendment protects your right to use trademarks in expressive ways, for example, to recreate famous paintings with Barbie dolls:

https://www.copyright.gov/fair-use/summaries/mattel-walkingmountain-9thcir2003.pdf

And then there's "nominative use": it's not a trademark violation to use a trademark to accurately describe a trademarked thing. "We fix iPhones" is not a trademark violation. Neither is 'Works with HP printers.' This goes double for "expressive" uses of trademarks in new works of art:

https://en.wikipedia.org/wiki/Rogers_v._Grimaldi

What about "dilution"? Trademark protects a small number of superbrands from uses that "impair the distinctiveness or harm the reputation of the famous mark, even when there is no consumer confusion." Jenkins says that the Mickey silhouette and the current Mickey character designs might be entitled to protection from dilution, but Steamboat Willie doesn't make the cut.

Jenkins closes with a celebration of the public domain's ability to inspire new works, like Disney's Three Musketeers, Disney's Christmas Carol, Disney's Beauty and the Beast, Disney's Around the World in 80 Days, Disney's Alice in Wonderland, Disney's Snow White, Disney's Hunchback of Notre Dame, Disney's Sleeping Beauty, Disney's Cinderella, Disney's Little Mermaid, Disney's Pinocchio, Disney's Huck Finn, Disney's Robin Hood, and Disney's Aladdin. These are some of the best-loved films of the past century, and made Disney a leading example of what talented, creative people can do with the public domain.

As of January 1, Disney will start to be an example of what talented, creative people give back to the public domain, joining Dickens, Dumas, Carroll, Verne, de Villeneuve, the Brothers Grimm, Twain, Hugo, Perrault and Collodi.

Public domain day is 17 days away. Creators of all kinds: start your engines!

If you'd like an essay-formatted version of this post to read or share, here's a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:

https://pluralistic.net/2023/12/15/mouse-liberation-front/#free-mickey

Image: Doo Lee (modified) https://web.law.duke.edu/sites/default/files/images/centers/cspd/pdd2024/mickey/Steamboat-WIllie-Enters-Public-Domain.jpeg

CC BY 4.0 https://creativecommons.org/licenses/by/4.0/deed.en

#pluralistic #copyfight #scotus #mickey mouse #public domain #ip #contract #trademark #tm #jennifer jenkins #copyright #disney #nominative use

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disappointedbrandnewfans · 10 months

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Underground Basement Chicago A sizable eclectic underground basement design with a beige floor and brown walls but no fireplace

#built in shelves #tiles #wall mounted tv #furniture & home decor #hunter douglas window treatments

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justinrodgers · 1 year

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Kitchen Dining - Dining Room An illustration of a sizable traditional kitchen/dining room combination with dark wood floors and orange walls

#hunter douglas designer screen shades #paisley fabric #board mount valance #scalloped valance #bow window

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mountrainiernps · 1 year

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Our park’s home region of the Pacific Northwest is known for being green. Rainy sometimes, but mostly green. A lot of that green comes from the great forests blanketing the western slopes of the Cascades Mountains down to the shores of the Puget Sound and Pacific Ocean. Looking at the forests, you’ll find a few key species. Trees that are heavy hitters of the PNW. Douglas-fir, Pseudotsuga menziesii, is one of those species.

Our Douglas-fir is not a true fir tree. It is more of a cousin to the true firs in the Abies family. Douglas-firs can also grow to great heights; about 250 feet tall. And they can live a long time, 600-800 years old and sometimes upwards of 1,000 year old. How does a tree like this survive our snowy, windy winters in the Cascade Mountains?

It helps to be a bit cold hardy. Cold hardiness has to do with a tree’s ability to deal with cold temperatures and frosty days. For many folks interested in growing things (trees, gardens, plants), key pieces of information are how many days of frost (or conversely frost-free days) does a location have on average in a year, and how many days of frost a plant can take before the cold kills it. Douglas-firs have a range of ability to handle frosty days. Near sea level, douglas-firs are found growing to great heights and volume in places with very few days of frost. But these trees also seem to like the Cascade and Sierra Nevada mountains. Up in the higher elevations, douglas-firs can be found growing and surviving in places with only 80-180 frost-free days a year. These trees might not grow as big as their siblings in closer to sea level, but they are still impressive.

What is your favorite place to enjoy the sight of these great trees? Do you prefer the douglas-firs growing in the lowlands and even rainforests? Or do you favor the douglas-firs in the mountains? ~ams

More information on trees and conifers in the national park can be found here https://www.nps.gov/mora/learn/nature/trees.htm .

These photographs are from years past and do not reflect current conditions. NPS/C. Roundtree Photo. Carbon River trail through green forest with tall trees reaching skyward. May, 2012. NPS/K. Loving Photo. Snow covered road through Longmire Stewardship Campground (closed in winter) with tall trees towering over also covered in snow. November, 2019.

#encuentra tu parque #find your park #national parks #mount rainier national park #douglas fir #trees #rainforest #subalpine #snow #winter #frost

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