Photographing Architecture is Not a Crime, Thomas Hawk vs. Building Security Episode 118

45 Fremont, #4

So today there I was minding my own business shooting 45 Fremont in downtown San Francisco when all of a sudden a Shorenstein Company employee security guard decides to give me the finger in my photographs of the building. Next thing you know I get the typical hassle. Except normally when the guards come out all polite like and all this guy instead comes out middle finger a blazing and telling me that I’m not allowed to photograph the building from the public space.

He goes on to tell me how he doesn’t like to have his photograph taken, etc. (hint, if you don’t like your photograph taken, probably best not to come swaggering out of a public building middle finger a blazin’, remember any old asshole can have a blog these days). And insists on telling me how if I want to photograph the building I’m going to need to get approval from building management. blah, blah, blah.

Well, this guy got off on the wrong foot with me in the first place so I politely inform him that despite his objections that I’m on public property and as such have every right to photograph whatever I want and if he’d like he can feel free to call the police and the three of us can have a conversation. Of course he asks me why I need to be such an asshole and I remind him that he was the one giving me the bird, etc. etc. All I am is a lowly photography hobbyist but that since he was being so nice and all that he could look forward to his photo being on the internet.

He asks me if I *really* want him to call the police. Again, I answer nicely, yes. At this point he goes back inside. I go around to shoot the other side of the building and his boss comes out and he’s pissed. You’re not allowed to photograph this building he says. “Says who,” I say. “Says me, I’m the owner,” he says, you’re on my property.”

Now I’ve seen Walter Shorenstein, San Francisco’s real estate mogul, before and this guy definitely ain’t Shorenstein. So I object. I remind Mr. fake Shorenstein that I’m on public property and that I have every right ot shoot the building. He asks me why I’m shooting the building and (only because I’m pissed at this point) I tell him that this is none of his business. Now with this he flips it. Some third party seems it’s his business to chime in and sides with the security guard and tells me, you know he’s right, your not allowed to take photos of this building (um. ok Chet).

The security guard then seems fit to chime in, post 9/11 you know. They don’t want photos of the building.

So I politely tell this 2nd security guy, the fake Walter Shorenstein, that I’m actually allowed to take photos of the building and suggest that he call the SFPD if he’d like and he gives me one of these straight on looks and asks me if that’s *really* what I want him to do because I’ll be arrested and all that and I say yes, please. He then asks me if I’m going to be there when they arrive and I say, certainly of course, and with that he pouts off and heads back into his building.

I then finish my shots and when I’m done go about my way.

Now. First off, this happens to me all the time. I’m not sure why I feel so inclined to post about it today. Perhaps it’s because my blog traffic’s down. But probably the fact that the first security guard decided that his initial approach to me was the finger thing and that the second one was such a prick that I figure what the hell, may as well blog it. Can’t hurt after all and I did tell the finger security guard guy that I would post his photo to the internet so a deal’s a deal and all.

But. What the hell? Post 9/11? What’s that supposed to mean? Let’s see, ok, so I’ve got photos of a building. Yep, there’s the door, yep, guess what, it’s got glass windows. Wouldn’t want those top secret photos of the building’s revolving doors to get out there now. Just imagine the strategic advantage that that door shot would give a terrorist! He could, well, he’d know how to get into the building for pete’s sake.

It’s just stupid. I’m tired of dealing with security at almost every single building that I shoot. News Flash! Photographing architecture is NOT a crime. It’s not illegal! And while 98% of photographers probably just let these fake Walter Shorenstein type cops push them around it shouldn’t happen. And I think that from now on I’m going to start a collection of these mugs and hopefully, at least in San Francisco, after a while the harrasment stops.

In the meantime, I got my shots today which you can see in this Flickr set and do plan actually on going back in the next few days and especially at night to try and get more shots of this building. Oh and the other good thing that came out of this is that about two weeks ago lovely figment on Flickr invited me to the flickr group GFY. You might be able to figure out what it stands for but it’s basically a flickr group devoted to people flipping the bird. Since I haven’t got a shot of myself flipping the bird yet I guess I finally got myself an official submission today. Thanks dude.

Oh, and by the way, I’d definitely recommend the latest issue of JPG Magazine, #5, Photography is Not a Crime. Not only is it a great collection of issues (disclaimer, I’ve got a shot in there of another of my run ins with building security at One Bush St.) but it’s got a great photographer’s rights pull out card by Portland attorney Bert Krages which does a great job of spelling out what your rights are as a photography enthusiast.

Update: I just spoke with Andrew Neilly who handles media relations for The Shorenstein Group with Gallen.Neilly & Associates. According to Neilly, the individual photographed here is not a Shorenstein employee and he advised me that Shorenstein outsources their security guards — while admiting that the action on behalf of the security guard was inappropriate. He said that hopefully my experiences with Shorenstein properties would be better in the future and said that while he could not guarantee that I would not be approached by guards in the future that by explaining who I am and showing them a card that he felt I should not have this type of problem shooting their buildings in the future.

He also referenced an advisory by the Department of Homeland Security sent to real estate firms regarding photographers shooting buildings but was unable to site or reference the specific advisory.

Flickr Central Uncensored Group Created

Flickr: FlickrCentral Uncensored With a quick launch and 275 members as of so far today, Flickr Central Uncensored has launched as an alternative to those who would wish to discuss Flickr in a Flickr Central sort of way but without admin banning, locking and censorship.

The group, which I’m serving as an admin of, describes itself as “Flickr Central Uncensored is a place for the newbies to get a taste of what Flickr is about, and a place for the more experienced users to keep a finger on the pulse of our favorite addiction. This group is for viewing Flickr from high above – a place for posts on things that are about Flickr or would interest most flickrites.”

Recently user T-Mix was complaining about having a thread that he started at Flickr Central locked. From T-Mix: “I think that locking a thread without telling me or anybody else why is a bit rude. At least I feel pissed off. If that’s what you wanted, congrats, you suceeded.” Flickr Central Member Brendadada started the group.

TiVo Wins EchoStar Patent Suit

TiVo Wins EchoStar Patent Suit – Los Angeles Times In a major victory for PVR pioneer TiVo, a West Texas jury awarded the company $73.9 million from EchoStar Communications after finding that the satellite broadcaster had violated TiVo’s patent of time shifting television.

Although certainly $73.9 million is a meaningful and significant amount of money for TiVo, a small company that has struggled and has yet to become profitable, the bigger victory here is that this case sets precendence for TiVo to move to other generic PVR manufacturers and demand payment as well.

TiVo also said that they would seek to prevent EchoStar from offering PVR service going forward. EchoStar of course must have PVR service if they hope to compete with their satellite rival DirecTV as well as the cable providers so the likely outcome could be that they be forced to the negotiating table with TiVo in order to offer this technology to their customers in the future, resulting in potentially more money for TiVo.

In what I described as a win-win for DirecTV and TiVo, earlier this week TiVo and DirecTV renewed their service and support agreement which contained an important provision allowing DirecTV to avoid being sued by TiVo for the next three years.

From the Los Angeles Times: “”If you’re going to defend your patents and try to license it, this kind of win certainly makes those negotiations easier,” said Larry Gerbrandt, senior vice president and general manager of Nielsen Analytics, which specializes in emerging media technology.

The verdict sent TiVo’s shares up 22% to $9.80 in after-hours trading, after falling 7 cents to $8.05 in regular trading. EchoStar’s shares closed up 12 cents at $29.97 during regular trading. They were little changed in late trading.”

EchoStar of course will appeal this verdict but it’s impact is largely more that it gives TiVo an incredibly strong hand to negotiate with other providers looking to avoid a suit similar to EchoStars.

The decision seemed like a pretty easy one for the five-man, five-woman jury to make. The Marshall News Messenger reported that it took the jury only 14 minutes before making the award which at $79 million was close to the $87 million number estimated by TiVo. The award was broken down as “$32,663,906 in lost profit damages. It also determined TiVo lost “reasonable royalties” on 4,179,253 boxes because of EchoStar sales and was entitled to $41,328,058.” In TiVo’s closing remarks TiVo’s attorney, a Marshall local named Sam Baxter said about the trial being in East Texas, “Not only do we get good, common-sense juries, but also a judge who is very patient and knowledgeable,” adding, “if life were like TiVo, we could just fast-forward and the judge could send you to lunch.” Fortunately for that jury it looks like they’ll be able to enjoy their long Easter weekend afterall.

TiVo’s official press release on the verdict can be read here.

In other TiVo news, Orb is also now working with TiVo to provide placeshifting technology like they currently have with Media Center. Series 2 only, as always, of course.

Two Little Lovers Sitting in a Tree, TiVo and DirecTV Renew Their Vows

Stock Market News and Investment Information | Reuters.com News is out this morning that Satellite broadcaster DirecTV will extend their service and support agreement with TiVo for three years. TiVo shares are up on the news. Go team.

The death of the DirecTV deal of course has probably been the most over-reported news on TiVo over the course of the past few years. It seems every time some new analyst would comment on it again or some reporter would write about it that people would act like it was the same news all over again.

Really the DirecTV TiVo deal is not that big of a deal in my opinion. TiVo only gets a lousy buck a month for the DirecTV units but certainly today’s news doesn’t hurt.

At issue is the fact that DirecTV (at least initially it would appear) seemed to be more interested in building their own DVR through News Corp. controlled NDS Group.

Of course this agreement is really not as lovey dovey as you might think based on my overly sarcastic headline. For one, I still doubt you see DirecTV actually marketing or promoting the TiVo service. This deal is more about the fact that DirecTV will have a small muitiny on their hands if all of a sudden they drop TiVo support for all of their customers who have already purchased DirecTV TiVos — especially before having an attractive viable alternative that would truly be a value proposition for the TiVo customer (and TiVo customers do love their TiVo).

Of course the cherry on top of this all for DirecTV is that they won’t be sued by DirecTV (like their rival EchoStar) for the next three years either. This is likely a good thing for both companies as patent lawsuits are expensive propositions for small company’s like TiVo and DirecTV also doesn’t need the threat of a big jury payout to TiVo hanging around their neck either.

All in all probably a win/win for both companies but not something that means anything more than business as usual really.

Disney to Make TV Shows Available Free on Web… About Five Years Too Late

Disney to make TV shows available free on Web Ok, everybody’s all in a tizzy today about how cool it is that ABC is going to make versions of their TV shows available on the internet. Welcome to 2000.

Personally I’d rather,

1. Watch the show in high def on my HDTV TiVo for free (well not for free but since I pay for satellite service anyways at no additional cost).

2. Make a copy of it on my Media Center PC and just copy it over to my laptop where I can fast forward through the commercials or watch it anywhere in the world via Orb or…

3. Download a copy through bittorrent for free and fast forward through the commercials.

Yeah, yeah, I know, everybody doesn’t have a PVR/TiVo/Media Center PC, but for those of us who do, what a lame service that we’ll never use.