End of Bike Philly, Beginning of Ciclovia?

[Colin P. Varga]

As I also know that the _WSJ_ makes only about the first two paragraphs (if that) of a paywalled article available to non-subscribers, it would be very difficult for someone to use a _WSJ_ piece to advance an argument or conversation or provide reference without violating copyright law under that standard.

Disclaimer: I am not a copyright lawyer, but I suspect that no one else on this thread is either. I do know that the case of the bulk packs, which I referenced in my prior post, would also fail the fair use test as you describe it - yet I also know that many of the copy shops that produced them included a statement claiming fair use, either citing or incorporating the relevant section of the copyright statute. (And I suspect rightly, for what was being done here was no different than someone going into a library, pulling out a journal issue, and copying an entire article from it for their own reference - or a friend's.)

I suspect we both might want to review case law on the subject. Until I'm convinced that this is not like the bulk packs (and that the bulk packs were ruled a violation of fair use), or that I'm interpreting fair use overly broadly, I'm leaving the post up as it is.

The first part, yes it would be difficult to make an argument by only using the WSJ non-subscriber material, but the copyright law doesn't make a Fair Use provision for material for the sake of an argument.

The bulk pack issue, might pass Fair Use inasmuch as it is for non-profit and/or educational use. Also, the amount copied might not effect the sales of what was copied as it was only a fraction. It depends on the size of the original material vs. what is copied and can it be proved that the amount copied had a negative impact on total sales.

The use of this article copied article here also fails Fair Use on the "non-profit" issue as this site uses advertizing, so the article copied is also bringing views to the thread and to the advertizements while the originator is losing advertizing views on it's site.

Disclaimer: (I'm not a copyright lawyer either; however, I did grant reproductions rights for The U. of Penn Museum, PAHRC, HSP, & LCP.)

[Colin P. Varga]

I'm not speaking for them, but it seems to me the coalition is not about promoting biking as much as it is interested in promoting bike safety and awareness, and promoting better and safer biking conditions on roads and trails.

The more members it has, the more clout it has with the powers that be, and the more influence they have with getting bikers to be more responsible on the streets and motorists to be more respectful as well. You can never have enough members.

I'm not so sure. I joined a group ride in Philly once (I don't remember the organization but I don't think it was Critical Mass), the group was blowing through "Stop" signs and I think I dropped out after 2 blocks. On Umbria St. on the weekend mornings I would watch bike groups blow through the "Stop" signs. I even had a cyclist berate me for stopping at "Stop" sign (and a car driver too).

As to clout, I'm not convinced about anything there either. The only clout I needed as a cyclist was a good lawyer in which case I recommend Stuart Leon.

[Digthepast]

About 1,000 pedestrians are injured statewide each year due to accidents involving bicyclists, and 55% of the incidents occur in New York City, according to a study released Monday.

Leave it to our "desolusional" buddy to tell only part of the story...

From Time Magazine, re: NYC

...a 2011 study found that more than 500 pedestrians a year make hospital trips after being hit by bikes...A deeper drill into the numbers however, reveals that cyclists are far more threatened than threatening.. A study by Monash University in Australia that looked at driver cyclist collisions found that nearly 90% of cyclists had been traveling in a safe and legal manner just before crashes, while vehicle drivers were at fault for more than 80% of the collisions... Even cyclists admit that some of their ilk can be maddeningly mercurial, blowing through intersections and weaving through traffic. But it should be clear that a 20-lb. bike is considerably less dangerous than a half-ton car. Last year, 241 pedestrians or cyclists were killed by motorists in New York City, yet only 17 of those drivers faced criminal charges. The New York City police department--as is the case with most police forces around the country--almost never investigates a car-on-bike or car-on-pedestrian accident unless the victim dies or the driver is found to be under the influence.

Brian Walsh, "Pedal Push: Biking is on the Rise, but is there Room on the Road for Everyone?" Time 180(3): (July 16, 2012)

[Litter Box]

Leave it to our "desolusional" buddy to tell only part of the story...

From Time Magazine, re: NYC


Brian Walsh, "Pedal Push: Biking is on the Rise, but is there Room on the Road for Everyone?" Time 180(3): (July 16, 2012)

One error in the quote, a half ton car ? Cars are more likely to be about two tons.

[supersupper]

I'm not so sure. I joined a group ride in Philly once (I don't remember the organization but I don't think it was Critical Mass), the group was blowing through "Stop" signs and I think I dropped out after 2 blocks. On Umbria St. on the weekend mornings I would watch bike groups blow through the "Stop" signs. I even had a cyclist berate me for stopping at "Stop" sign (and a car driver too).

Well, if you don't remember who the group was, its pretty much a waste of keyclicks to even bring them up, especially when it could have been CriticalMass. Nonetheless, its one thing for an organization to promote safety (which the Bicycle Coalition certainly does without a doubt) and another thing regarding what individuals do.

IAs to clout, I'm not convinced about anything there either. The only clout I needed as a cyclist was a good lawyer in which case I recommend Stuart Leon.

SKR trail, efforts to expand and "connect the circuit" of 750m of local trails for bikers/pedestrians, Bicycle Ambassadors, the Safe Routes program educating young kids about biking safety, distribution and creation of various maps, Crowd sourcing to identify the safest commuting routes, Getting SEPTA to make accommodations for bikes, compiling statistics for better planning and safety awareness, assistance for bike rack installation around the city, being in city planning an advocating for bikers (I recall Desolate complaining about their influence regarding the new BFParkway bike lanes for example), influencing the design of the new South Street Bridge, Advocating for improvements to the BFBridge access points, the City's overall pedestrian/biking plan, Bike Share.....

etc.

You can read their official resume here,
http://www.bicyclecoalition.org/file..._sept_2011.pdf

and maybe sign up to become one of it's 2,000 members so that you are less likely to ever need a lawyer.

[Digthepast]

One error in the quote, a half ton car ? Cars are more likely to be about two tons.

Yeah, it's in the original, but it's followed closely by a quote from former Olympic cyclist Robert Mionske, wo's now a lawyer in Portland..

"If you're a cyclist who's been hit by a motorist in a couple-ton vehicle, that's like deadly assault, [says Mionske.] To have an officer say there is nothing they can do is incredibly frustrating."

Perhaps as we see more bike cops on the street, we'll also see more more enforcement.

[BarryG]

Yeah, it's in the original, but it's followed closely by a quote from former Olympic cyclist Robert Mionske, wo's now a lawyer in Portland..



Perhaps as we see more bike cops on the street, we'll also see more more enforcement.

Maybe so: Off-duty Philadelphia police officer on bicycle run down and killed

[Digthepast]

Maybe so: Off-duty Philadelphia police officer on bicycle run down and killed

Sounds like this one might be homicide in the classic sense.

Kareem Alleyne, 35, was charged Monday with homicide by vehicle and manslaughter after police said he intentionally struck Officer Marc Brady's bicycle with his car.

Alleyne, of Mount Airy, had just left his girlfriend's house around 11:40 p.m. Sunday when he saw Brady riding on Musgrave Street near Meehan Avenue in the direction of the woman's home, said Philadelphia Capt. James Clark. Brady and the woman, who was not identified, have several children together, and police said Brady sometimes visited the children at her home. But he and Alleyne "had bad blood between them," Clark said.

When Alleyne saw Brady biking toward him, Clark said, he swerved his white Acura in Brady's direction and struck him head-on. Brady, 32, who lived a few blocks from the scene, was pronounced dead at Albert Einstein Medical Center shortly after midnight.

Sources familiar with the investigation said Alleyne told police he struck Brady by accident. He drove a short distance after the crash, Clark said, then stopped his car and waited for police to arrive.

[dartmo]

On Umbria St. on the weekend mornings I would watch bike groups blow through the "Stop" signs. I even had a cyclist berate me for stopping at "Stop" sign (and a car driver too).

.

I think folks need to exercise a little common sense with respect to stop signs/red lights. While bikes are technically vehicles and should follow all traffic rules, I think sometimes it benefits everyone to not follow everything to the letter. Don't blow through red lights, but coming to a stop, looking both ways and crossing is fine (like you would as a pedestrian). Same thing with stop signs, if you can't see if anyone is coming, by all means stop. But on Umbria, which is hilly, where it is not easy for cars to pass you, and where you can clearly see that no cars are coming from the side streets you do both drivers and other cyclists a favor by rolling through stops. A little pragmatism can go a long way.

[Dayman]

I even had a cyclist berate me for stopping at "Stop" sign (and a car driver too).

I call BS.

I slow down at every intersection on my bike. If no one is coming, I go through. A bike is not a car, if no one is there then no harm is done.

I stop at red lights and generally wait however.

[mixiboi]

A bike is not a car

True

if no one is there then no harm is done.

So what you are saying is that traffic laws should only be followed if someone is there...


Sadly, in Center City, even if someone is there, traffic laws are still ignored... Especially by bikes.

[niel]

True



So what you are saying is that traffic laws should only be followed if someone is there...

I do at stop signs exactly what most cars do...slow down, but don't stop entirely. As soon as all the cars start coming to a full stop at every sign, I guess I'll do it too.

However...if you're a driver, you should be thankful bikes *don't* stop at stop signs regularly. If you're behind me & can't pass, the last thing you want is a bike coming to a complete stop every few hundred feet. It'd be 10 times slower than it is now, following behind a biker.

[mixiboi]

Not coming to a full stop at every stop sign is fine, as you said, not even cars do that on some of the less busier streets(And then you got soem *******s who do it on the busier streets because they don't got patience).

That is a traffic law that is bent by both drivers and bike riders. The other thing both parties are good at is blocking crosswalks like they don't exist.


But when a car goes through a red light because no cars are coming in Center City or cars that ride at a good speed on the sidewalk, then we can play this game of "Well they do it too."

[Digthepast]

I slow down at every intersection on my bike. If no one is coming, I go through. A bike is not a car, if no one is there then no harm is done.

I stop at red lights and generally wait however.

Makes sense, though I will of course wait for pedestrians to clear the intersection and then go if the coast is clear. This morning, though, I sat at a red light and watched a couple of bikes go through without visibly slowing down. Kids. With age comes knowledge of consequences and a sense of one's own mortality. In my case, I'm sure it'll pass in a few years...

I do at stop signs exactly what most cars do...slow down, but don't stop entirely. As soon as all the cars start coming to a full stop at every sign, I guess I'll do it too.

The "rolling stop" is right up there with cheesesteaks wit', "wooder ice," and parking in the middle of South Broad on the big list of Philly Traditions.

However...if you're a driver, you should be thankful bikes *don't* stop at stop signs regularly. If you're behind me & can't pass, the last thing you want is a bike coming to a complete stop every few hundred feet. It'd be 10 times slower than it is now, following behind a biker.

Couple years ago, I was on Spruce between 23rd & 24th, which is a "shared lane," and I wound up in front of a pickup driver who apparently didn't want to share. He spent the block honking at me, racing his engine, and calling me an "a**hole" for impeding his progress. As some famous person once said, "if I'm to have the name of it, I'll surely enjoy the fruits." So, when I hit the stop sign at 24th, I ignored the sturm und drang behind me and made sure to come to a complete stop. I held it for several beats, and then waved through a car that had pulled up to the opposing side of the intersection. After she got it together and went through, I waited a couple of more beats and went, just as I heard Meatball open his door. He scrambled back in and took off up up 24th, horn honking and tires screeching.

There IS a certain satisfaction that comes from obeying the law and showing consideration to one's fellow travelers...no?

[BarryG]

The "rolling stop" is right up there with cheesesteaks wit', "wooder ice," and parking in the middle of South Broad on the big list of Philly Traditions.

A heard a guy from South Philly call into Car Talk once; either he or Click and Clack referred to this as "the South Philly slide."