[PLUG-TALK] Re: [PLUG] tcpa (sorry if this is just old news)

J Henshaw jeff at jhenshaw.com
Tue Jul 2 06:22:41 PDT 2002


----- Original Message -----
From: "Jeme A Brelin" <jeme at brelin.net>
To: "PLUG" <plug at lists.pdxlinux.org>
Sent: Tuesday, July 02, 2002 2:52 AM
Subject: Re: [PLUG] tcpa (sorry if this is just old news)


>
> On Mon, 1 Jul 2002, Keith wrote:
> >  I don't think Mary and Joe consumer will like this and once corporate
> > america tries to ram this down their thoat there will be court cases
> > and people won't buy the products.
>
> Look at the recent history and see what really happens in these
> situations today.
>
> First and foremost, the products will continue to be bought.  There will
> be no other choice.  The alternatives are pulled away because those
> markets are dominated by the same corporations that are bringing the new
> products.  And society simply IS NOT structured to work around abuses of
> power.  There is no ability to provide for the needs of the community
> within the community, no shared experience outside the media, and no
> respect for ideals other than "every man for himself" and "you can't blame
> them for trying to make more money".
>
> Second, the law suits (those that actually see a courtroom) will not (nay,
> cannot) be brought by individuals.  Human beings don't have the necessary
> wealth and stamina to endure a lawsuit against a major corporation.
> (There are a small handfull of counterexamples, but they are statistically
> negligible when compared to the number of suits dismissed or derailed
> because a person could not afford to fight a corporation or a
> conglomerate.)  Instead, you have lawsuits brought by "watchdog groups"
> and lawsuits brought by other corporations seeking to make a dime or
> twenty on selling products that work around the DRM.  The first are viewed
> by the population as radicals or "causies" or whatever and easily
> dismissed.  The second are either consumed or driven into the ground by
> the larger corporation in the deal.

This is precisely why I have tried to show you boys how to recognize venue
and apply the precept when appropriate,  you must enter their Equity venue
willingly or through ignorance.
Without venue the courts have no jurisdiction.
You are not on trial in these courts, a legal fiction ( the courts
definition of the legal personality or ( "you, Inc.") is on trial.
You are assumed to be this "legal personality" because you enter the venue
by responding for the legal personality and taking the witness stand in it's
place, and for not claiming your rights,  by stating at the outset that you
are not a legal fiction but yourself in the flesh.
There are laws in every state that say you must notify the court or you are
assumed to be the "fiction".
No wealth needed,  only knowledge, applied.
I have read about case after case being thrown out when people apply the the
courts own rules,  which they do ( throw them out) so as to be sure they do
not have anything recorded by the court reporter and put into the public
record, thereby demonstrating for any other would-be freedom lover the facts
of the matter.
This is huge.
The biggest lies are the ones the most people believe, aren't they?

Please,  no "what a whacko" retorts,  just google for yourself if you find
the concept interesting, or ask me for a link or two privately.
If this merely strikes you as something only a kook would believe,  you are
not ready for the "scary" prospect of self-government.
And you are in the majority, for sure.
>
> In Betamax, Sony fought for the right to sell recording equipment to the
> public and won, but now Sony owns Columbia and is a member of the very
> organization it fought against in 1980.  The last fifteen years have seen
> unprecendented consolidation and conglomeration of all wealth and
> industries into the hands of a very few.  None are left with the capacity
> and desire to fight against this hegemony.
>
> > You mean I can't rip this CD to my HD if I buy the new Windows machine
> > or be able to record my favorite show without their permission?
>
> Yep.
>
> Oh, well, then I'll make due with my old music until the marketting
> machines drive me into the ground and I just HAVE to get the new Celine
> Dion.
>
> >  They are cutting the hand that feeds them and in the long run it will
> > never last.
>
> As I've written before, two situations might arise from this battle:  The
> capitalists will win and all human endeavor will have a price tag and an
> inventory control number or the people will win and there will be free
> exchange of ideas and information.
>
> I honestly can't say which one is more likely at this point.  My human
> spirit tells me that the latter MUST prevail because the former just
> couldn't happen.  But all indications are, at present, to the contrary.
>
> >  I'm all for turning off people that violate copyright law, the
> > problem is that they are denying fair use and time shifting.
>
> Existing copyright law or realistic copyright law?
>
> > The 1982 SCOTUS ruling about VCR's will most likely be used as a club
> > to stop these silly attempts to stop people from time shifting and
> > making legal copies.
>
> Nope.  The rules have changed.  The DMCA was not law in 1980 when Betamax
> (Sony v. Universal, et al.) went to trial.
>
> And, of course, there's the standing interpretation by lower courts that,
> somehow, "digital is different."
>      Jeme A Brelin

That is nice,  but the judge can call it whatever he wants and change it at
ANY time, regardless of stare decisis.
This is not a Constitutional court,  remember?
You have no rights in equity courts,  but maybe some priveledges.

So,  since the word "License"  as in GPL,  indicates Equity Contract with
the Licensing authority ( Richard Stallman? Linus?)  you must consider that
a Judge may someday rewrite it for you via case law or stare decisis,  or
however they choose to manipulate the GPL when it suits their purposes in
this country.
Because the Judge has complete authority to do WHATEVER he wants,  and you
ENTERED his venue WILLINGLY.

I am quite sure the GPL will be co-opted eventually.
As it stands right now the big corporations are benefitting big time from
this labor of love called linux,  as they get it for FREE.
But when they want to control every desktop for "National Security"  or
"Homeland Security"  (since they don't plan on using borders in the near
future,  just UN/WTO World Govt.)  it will be via dot.net, or the NSA
version of linux,  or whatever - but not FREE software.
And we will lose in court,  because we will have went to the *wrong* court.

Sound far-fetched?  M$ moved into their new NSA office two weeks before Code
Red was released. The net comes to a grinding halt and folks will pay them
to roll out the patches via dot.net in "real-time",  just wait and see.
The free exchange of information via the net MUST be stopped for the RIAA
and everyone else who wants to control the news and the propaganda we are
fed daily.
As you say,  they cannot do so -  UNLESS they control the NET itself...

IPv6 is for just that kind of granularity,  a number for every human
resource unit.

And the "official"  version of "OS" will be a reality,  in due time.
If we sit still for it.

jH


"All that is necessary for evil to prevail is for good men to







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