Categories
Daily Walk Kingston, Ontario Life in general Photography

Daily Walk: June 18, 2025

Franklin “Flip” Flanagan, last of the boxing lineage the Fightin’ Fencepost Flanagans.

Holiday hangover

As a Queen’s employee I am contractually obliged to point out tricolour when I see it occurring naturally, sorry

Sinister Door

Lawn Lion

My New Pal, Spiff Tenderloin. Fun fact: I know all cats’ true names upon meeting them or shortly after. Whatever this cat’s human thinks it is named… it is Spiff Tenderloin.

Hangin’ shoes. I don’t know why I photograph these.

Categories
Daily Walk Kingston, Ontario Life in general Photography

Daily Walk: June 17, 2024

Rock Climbing Tree

Hidden Sculpture

Sidewalk Snail

They Say Some Of These Little Libraries Are Kind Of Right-Leaning But I Don’t Know If I Buy It

Dead tree / haunted lantern

Flamed Sign

Red Gate

Window Saint

Nice Doors

Categories
Daily Walk Kingston, Ontario Life in general Photography

Daily Walk: June 16, 2024

Dawn at the New Garden

Inspiring Poem / Your A Goof

Tree Hats

Pretty Flowers

Minimalist Missing Cat

Jesus Can’t You Just Let These Children Play Without Belittling Their Intelligence (Parts 1 and 2)

Brick Christ

Rainy Statuary

Little House on the Lawn

Categories
Daily Walk Kingston, Ontario Life in general Photography

Daily Walk, June 14 (Suburbs Edition)

Dutch Zombie Children Welcome You

Free Books, Free Ants

A Little Park But Wait It’s Not For You, Poor Person

Contrasting Footpaths

Cool-Ass Little Seed Library

Categories
Marketing & Communications

Kingston-area Newsletters

The list of resources for local residents on this site continues to grow with a new page on newsletters you can subscribe to from local community organizations and businesses.

Also added to the Kingston drop-down menu.

Categories
Quebec Cinema

Maelstrom (2000)

Long before Dune and Blade Runner 2049, long before LA, Denis Villeneuve made a movie in Quebec that mashed up kitchen-sink drama, dark humour, Tom Waits songs, and a narrator that is also a dying fish.

Maelstrom was a high-water mark for Quebec film in 2000, and by and large still holds up.

The story, in a nutshell, is that nepo baby Bibiane is bad at business and not super great at life: she’s blown a $200,000 deal for the family business, parties recklessly, and ultimately drunk-drives herself into a hit-and-run. She runs.

From there, scored partially by Tom Waits’ “The Ocean Doesn’t Want Me Today,” the movie loops around as Bibiane grapples with guilt, falls in love with the son of the man she murdered, and finds, if not happiness, some sort of French-Canadian approximation of same. The plot is driven in part by stale octopus and a mysterious man who looks like a Harkonnen Oliver Platt that dispenses wisdom at laser-perfect moments.

If you didn’t live in Quebec in the late ’90s, it’s hard to express how perfectly Marie-Josée Croze absolutely nails the ur-Quebec-Woman of that era — the look, the hair, the clothes are insanely bang-on. And the movie lives in Montreal really successfully — the upper-class apartments but also the dive bars, the docks, the bus, the subway.

The movie is narrated, for no particular reason, by a Cronenberg-level gross fish that is being serial-butchered by a giant naked dude. Quebec!

It’s achingly obvious that Villeneuve has grown as a director since; there’s significant chunks of “student film vibe” scattered around here. But it’s got a lot of loopy charm, it’s a compelling time capsule if you want a feeling for Quebec au tournant du siecle, the leads are charming, and it’s interesting to see L’il Villeneuve as a nascent film director finding his feet.

Categories
Quebec Cinema

Endorphine (2015)

IMDB

Wikipedia

Spoilers ho. I strongly recommend you watch this. Like, in general, but especially before you keep reading this.

What a f’in trip.

When I think of my go-tos for Quebec film, Un crabe dans la tête is always one that’s stuck with me for over a quarter-century, so diving back in in an effort to get more Canadian media in my diet, I looked up the director (André Turpin) and found his latest on Amazon Prime (gross, but I’ve already paid for it, and it’s where it’s streaming).

This is probably a work of genius. Or maybe it’s just really unnecessarily complicated. But I’m leaning more to the former than the latter; I can’t say I understood all of it, but it felt like there was a very solid and coherent vision underneath it. It doesn’t dive as wildly into the surreal as David Lynch, but is extravagant in its nonlinear approach to a story in a way that feels, like Lynch movies feel, like there’s something rock-solid in the mind behind the camera. Even if you struggle to keep up.

In essence — a girl, Simone, is traumatized by her mother’s murder, and concurrently becomes deeply emotionally damaged and also unstuck in time.

Even from the start, time loops — seemingly unimportant things said while sleep-talking become important later; time loops back on itself and then back again; characters transition from moment to moment in sometimes impossible ways.

But it never feels out of control, narratively — difficult to follow, sometimes; ultimately linear while also being unpinned.

One of the reasons Crab sticks with me is I think Turpin’s eye is unmatchable. The stop-motion time-lapse of the sun and the black bus off the top. An incidental sequence of reflections in a car window as the youngest version of our main character sleeps. Unbelievable amounts of dread packed into just a car alone in a parking garage with a tarped-up van barely in view. A three-quarter angle on an unremarkable office full of cubicles. I watch a lot of horror movies; Turpin can pull off more menace in an office building stairwell than I’ve seen in most top-tier horror movies in the past several years.

(One important note for English watchers — there’s a pretty pivotal stairwell scene, but if you don’t know that RC means “rez-de-chausée” [mezzanine], you might think it’s corporate branding or something — it’s not; no matter where she goes in the stairs, she keeps coming back to the same mezzanine door).

Equally impressive is the gradual derailing of a linear narrative; starting with the trauma, then hypnosis, ultimately time-jumps back, and forth, and back through Simone’s later life.

There is a lot I don’t fully understand, particularly in the back end of the middle third, when young-adult Simone is a… parking garage attendant? Working for… an industrial sewing concern? Visiting… uh… her choke-buddy cousin in the hospital, and he’s aged dramatically for no particular reason? Or is that her father? Is her sewing-concern boss the same actor as her mother’s killer? Hard to tell.

But while I have a real antipathy for “nothing is real” movies, this doesn’t feel like that. It’s unstuck, sure, but it feels real emotionally. Hard to keep up with, but tangible and coherent underneath all of its apparent unstuckiness.

My only complaint, really, is the insert / wrapper of some sort of presentation that feels like the kind of philosophy you come up with as an undergrad when you get really, really into pot in your third year. It’s a bit hand-holdy without being really helpful, and ultimately made me feel like Turpin wasn’t wholly confident in himself, or his audience.

On the whole, though, wow. Some frames that will be indelibly burned into my brain. A really fascinating exploration of trauma and memory. Crab and Endorphine, seem to be Turpin’s only movies, the latter having come out a full decade ago. Make more movies, dude. You’re good at this.

Categories
Marketing & Communications

Puffery drift

I continue to be fascinated — maybe uniquely so? — by puffery. Probably because of the marketing background, but the notion that being untruthful is okay if the lie is extravagant enough that a layperson wouldn’t believe it 1my own words; I’m working on a set of definitions in case law, which will be interesting (to me, anyway). is not only intriguing, but I’d argue in some ways necessary to modern advertising.

At the far end, it makes perfect sense. If you watch an ad for Skittles and a unicorn touches a couch with its horn and the couch turns to Skittles, it would be preposterous for somebody to sue the Skittles people if a furniture-transforming unicorn fails to appear when they open a pack.

But at the other end of the spectrum, there’s a line past which the grey starts shading into black, and judges are making very nuanced decisions based on, I’d argue, very little guidance. Looking at CanLII, the word ‘puffery’ has been used a lot in court decisions in the last few years, with subtypes of puffery including…

  • “election puffery,” examined repeatedly by the Nova Scotia Labour Board (there seem to be a lot of union disputes in the Maritimes these days)
  • Criminal court, where puffery has been raised as a form of braggadocio under which somebody claiming to have committed acts of violence was clearly using puffery to enhance their rep, but not seriously confessing to crimes
  • Privacy statements, even granular ones such as “[COMPANY] complies with all applicable privacy laws, rules, and regulations in the jurisdictions within which it operates”.

Nothing substantial here today, but a bit of a placeholder to remind myself that I’d like to unpack this a bit more.

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    my own words; I’m working on a set of definitions in case law, which will be interesting (to me, anyway).
Categories
Creative Just for fun Nerd

2025 calendar template for Affinity Publisher 2

Just in case anyone needs one: I made a tabloid size, portrait-oriented calendar template for Affinity Publisher 2 for 2025.

Working on some holiday gifts for friends and family, and thought I’d share the file.

Categories
Copyright Law

CanLII and Caseway: claim on TOS grounds

As reported by Law360, CanLII is filing suit against the Caseway AI chatbot over allegations of a mass scrape of CanLII’s content.

I’m a big CanLII fan. I use it all the time, including on multiple blog posts on this site, and recorded a podcast episode about it some time ago. It’s a phenomenal resource.

There are a few things that will be unpacked here, in the courts or otherwise.

CanLII’s main claim to fame isn’t original content, but being a central resource that consolidates legal decisions in Canada.

That said, the very first point in the Statement of Facts, per CanLII, is

  • The plaintiff, the Canadian Legal Information Institute (“CanLII”), is a not-for-profit organization that owns and operates a proprietary search engine and database containing its work product, including court decisions, legislation and secondary sources that have been reviewed, curated, catalogued and enhanced by CanLII at significant cost and effort (the “CanLII Works”).

This would be tricky to defend on copyright grounds. The Supreme Court has upheld copyright in “headnotes, case summary, topical index and compilation of reported judicial decisions” in the past.1CCH Canadian Ltd. v. Law Society of Upper Canada, [2004] 1 S.C.R. 339, 2004 SCC 13 Broadly speaking, most of what CanLII does isn’t original work.

But some of it is! From the Statement of Facts, 18(i) CanLII:

summariz[es] court decisions and generating an original analysis containing case facts, procedural history, parties’ submissions, legal issues, disposition, and reasons for judgment, with links to the pertinent paragraph numbers within the body of the corresponding decision;

This clearly aligns with the SCC decision above, and if it’s found that Clearway included and used the original works in their scrapes, that’s not great for them.

What’s really interesting is that CanLII is approaching this as a breach of contract, via the Terms of Use for the website. It feels, to my eyes, like they know the copyright case is inherently a bit shaky, and the clearer path is to reinforce the copyright infringement claim with the breach of contract.

This distinguishes CanLII from other high-profile lawsuits against AI by creators claiming copyright violation. Sarah Silverman, for instance, doesn’t have terms of use. (I’m sure Sarah Silverman could make a great and filthy joke about her “terms of use,” but I digress.)

The TOS tack is novel, to my knowledge.

Caseway’s counter-arguments to CanLII’s claims are, well, kinda stupid. Per the Law360 article:

“Our AI is built to pull and analyze unaltered court documents directly from public sources, ensuring compliance with copyright and intellectual property laws. CanLII’s attempt to restrict us from using their data is essentially moot, as we’re already avoiding it,” [Alistair Vigier, co-founder of Caseway AI] said in a statement.

But… Caseway did. Whether or not the documents are publicly accessible doesn’t alter the fact that they pulled them from CanLII.

And

He added that he had never seen or accepted CanLII’s terms of service and noted that Caseway does not incorporate CanLII’s works in any way that masks, frames, or misrepresents their origin.

Yeah, nobody ever reads those things, huh? That doesn’t mean they don’t exist (digging in the crates again, I did a fun podcast episode several years ago with Peter Kissick about the contracts nobody reads). But they’re there. Ignore them at your peril.

Vigier noted that an injunction restricting Caseway from using CanLII’s data would not impact its operations as it is not using any CanLII data in its system.

Whether or not they’re presently using the data is again immaterial to whether or not they violated the TOS and copyright of CanLII.

I’m looking forward to seeing how this plays out. Hopefully not an out of court settlement; there are some nuances around the value of categorization and analysis that seem to fall under the SCC threshold established in CCH that could be interesting to see threshed out in court.

And the recursive loop of looking all this up in CanLII will be fun.

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    CCH Canadian Ltd. v. Law Society of Upper Canada, [2004] 1 S.C.R. 339, 2004 SCC 13