Sunshine is the best disinfectant – the Steubenville Rape Case

December 20, 2012

The mainstream media has noticed that something is amiss in Steubenville, Ohio. (Rape Case Unfolds on Web and Splits City).

And Jezebel gives credit where it is due — to a blogger who refused to let the story die. (We Wouldn’t Know About the Steubenville Rape Case If It Wasn’t for the Blogger Who ‘Complicated’ Things).

I won’t comment beyond my earlier post on the case, because I have been brought in to help defend the blogger.


We are doomed

December 12, 2012

If the Mayans were wrong, maybe we should make them right. Here’s why:

A civilization that produces this does not deserve to make it to December 13.


Oh Penn State…

December 5, 2012

First that hilarious boy-fucking thing, and now this!

The Chi Omega sorority at Penn State's "Mexican Party."  Arriba!

The Chi Omega sorority at Penn State’s “Mexican Party.” Arriba!


Anonymous Comes for Hunter Moore – Moore’s Man Card Revoked

December 1, 2012

Anonymous has now targeted Hunter Moore.

In a release published today, Anon writes:

Greetings citizens of the world, We are Anonymous.

This is a call to all Anonymous worldwide, you have a chance to make a real difference in the lives of hundreds of bullied teenagers and protect them from real harm such as rape or stalking.

Hunter Moore, Founder of previous revenge pornography site http://www.isanyoneup.com is coming back stronger than ever from the shutdown of his previous website. This capitalist makes money off of the misery of others.

People submit pictures of others naked to his website and he posted their social networking profiles along with the pictures.

This time he is taking it a step further and plans to list physical addresses next to the victims pictures along with a map to their house, self proclaiming that he has singlehandedly enabled the stalking of hundreds.

His servers are up. he already has domains he is secretly testing and will go public soon. He hides behind a loophole of section 230 of the United States online decency act which states he cannot be held legally accountable for third party submitted content.

This is a call to all of anonymous. We Will hold hunter moore accountable for his actions, we will protect anyone who is victimized by abuse of our internet, we will prevent the stalking, rape, and possible murders as byproduct of his sites.

Operation Anti-Bully. Operation Hunt Hunter engaged. We are Anonymous, we are Legion, we do not Forgive, we do not Forget, Hunter Moore, EXPECT US. (source)

I applaud them for it. I do have one issue with the missive — I don’t think that Moore is as protected by Section 230 as he likes to believe.

But, lets set the legal issues aside for this post: Moore is a douchebag, and deserves everything that Anonymous may throw at him. Here’s why:

Once upon a time, girls weren’t all paranoid about being raped, having shit slipped in their drink, or being stalked. Then, douchebags discovered rohypnol, stalking, etc., which ushered in a new era of “Why has this asshole just showed up at my table with a drink in his hand? Does he think I’m an idiot?”

Now, thanks to these clowns, you need to convince the girl that she should have sex with you AND that you’re not going to rape her or cut her into little pieces. Girls who were once approachable are scared to death to even have a conversation with you in a bar. All because of douchebags who need to circumvent rejection with drugs. And stalking. Lots and lots of stalking.

The douchebag’s MO is to shit out a cloud of fear. That cloud of fear supports an ecosystem that only benefits two kinds of people — other douchebags and second-wave feminists who absolutely love women in fear, because it makes their bullshit message resonate with just enough terrified women to keep a few of them signing up for their classes. Never forget the best way to control behavior is through FEAR. Just like the TSA, fear creates a justification for existence. There is the implied message of “If you challenge me, I’ll fucking spank you, so you better choose wisely.” But, if you take away fear, the assholes evaporate.

Involuntary Porn sites (like those run by Hunter Moore, Eric Chanson, Craig Brittain, and Chance Trahan) are the online equivalent of the asshole who goes to a bar with roofies in his pocket, or who stalks a girl who won’t give him the time of day. They punish all women through fear because they got rejected by their high school prom date or some chick in a bar or…whatever. They get off on the smell of fear and the resultant power over a woman and this is the drug that gives them the warm tinglys.

Imagine if no women had to live in fear of a shithead ex-boyfriend or these dickless fucks. Forget the morality of what they do, if you want, and think about from a purely utilitarian / economic perspective. Without these nimrods, a woman would always feel comfortable letting you take naked pictures of her. Women would feel comfortable sending you those pics as a “hey good morning” present. More naked pictures of girls means a better world for everyone, in my humble opinion.

Real men don’t get off on scaring women. Real men get off on trying to take that fear away.

Not because we are nice, or chivalrous. OK, some of us are, but more importantly, it’s because we want more naked pics and Hunter More and Craig Brittain are fucking with that.

So fuck you, Hunter Moore. Fuck you, Eric Chanson. Fuck you, Chance Trahan. And Fuck you, Craig Brittain.

Any man who gets off on putting women in fear loses his man card.

Good hunting, Anonymous.


Grow House Busted: Children Saved(?)

October 20, 2012

Yesterday’s headline: “Police Bust Grow House in Henderson.” (source)

Well, at least now the good people of the Las Vegas Valley are safer…

The house is five houses down from a school.
“We act upon every tip that we get. It makes us feel good that we are getting a steady amount of tips every night,” Lt. Laz Chavez of Metro Police said. “We have a lot of children that walk by this house to go to and from the school, and that just goes to show the disregard that these criminals that put together these grow houses.”
Police said the house posed a danger to the residents living near by and to a school just a half block away. (source)

Because, umm, you know… plants growing in a house… that, ummm, yeah, that shit is dangerous.

Lt. Chavez, shut the fuck up. Fine, marijuana is illegal. Fine, you have a job to do, and that includes busting people for growing marijuana. Fine, maybe you don’t have the luxury of saying “this is a complete waste of taxpayer money and my time to send me out to arrest people for growing plants that some stupid bastards in the legislature are afraid of.” For all that, I’ll cut Lt. Chavez a break. Perhaps he was just doing his job.

Of course, “I’m just doing my job” was what the East German Stasi and Ceaucescu’s secret police said too, but … you know, lets just let that go for a moment.

Go ahead, take Mr. Prue (the guy who was inside the grow house) and lock him up. Toss him in jail, prosecute him, destroy his life because he was cultivating plants that the government doesn’t like.

But, Lt. Chavez, shut your fucking mouth if you can’t keep the bullshit from oozing out of it.

The mere suggestion that marijuana inside a house poses a threat to children walking by is just asinine. It shows the moral and intellectual bankruptcy of the war on drugs. If you really need to stoop to that level of lying, that level of bullshit, then you should turn in your badge and go be a Wal-Mart greeter, because it displays that you suffer from either a complete lack of intelligence or a complete lack of integrity. Nobody should be walking around on the street with a gun and a badge who lacks in either of those categories.

Do your job, if you must, and you lack the courage to actually stand up for what is right.

But stop fucking lying.


More Legal Stupidity – Brought to you by “The Innocence of Muslims”

October 7, 2012

The Innocence of Muslims seems to be the place wehre really stupid free speech positions intersect with the Arab-Israeli conflict.

In the latest installment, we have the dumbest copyright infringement suit filed by anyone whose name does not end in “haven.”

Actress Cindy Lee Garcia appeared in the now-infamous online film “The Innocence of Muslims.” She first filed a lawsuit in California state court, trying to get a state judge to order YouTube to remove the film from publication. (Complaint) She claimed that the director told her that she would star in a “desert adventure film,” but the actual movie was one in which the Prophet Mohammed appeared to perform cunnilingus on Garcia’s character. The state court judge refused to pull the film, and opined that Garcia was not likely to prevail on the merits of her lawsuit. (Order). Garcia then dropped her case and re-filed in federal court. Her complaint is attached. [PDF]

For the purposes of this piece, let us presume that Ms. Garcia was indeed duped and that she had no idea that she was going to appear in such a movie. If that is the case, she might have claims for fraud; she might have claims for unfair business practices; she might even have a valid claim under some other theory.

However, this article is about the truly moronic claim that her lawyers decided to bring – copyright infringement.

Before we even get into that claim, let’s take a look at the press release that came out along with the complaint. I guess her lawyers live by the credo of making sure to yell “look y’all, watch this!” before doing something completely stupid.

“We are seeking the legally appropriate mechanism and the least politically controversial one to allow Google and YouTube to do the right thing,” according to M. Cris Armenta, counsel to Ms. Garcia. “Again, this is not a First Amendment case. But, the First Amendment does protect American’s [sic] rights to freedom to express, and also the right to be free from expression.” In Ms. Garcia’s case, the words that were dubbed over her performance were not hers and she finds them personally and profoundly offensive. Ms. Garcia has publicly stated worldwide, including in live broadcasts to Middle Eastern television stations that she does not condone the message in the film and would never willingly participate in such a hateful venture.

You get that? This is not a First Amendment case. Why not? Because M. Cris Armenta says it isn’t. That might make her feel better as she is sitting around her conference room table, but it doesn’t make it so. Of course, someone with their head so far up their ass that they believe that the First Amendment protects “the right to be free from expression,” probably looks really funny sitting at a conference room table – what with the head in the ass and all.

Ms. Garcia “filed an application for a federal copyright registration for the rights in her dramatic performance ‘Desert Warrior.'” (Complaint at ¶ 11) Further, she “has issued five DMCA ‘takedown notices’ to Defendants YouTube and Google.” (Complaint at ¶ 13) But let us all remember, “this lawsuit is not an attack on the First Amendment, nor on the right of Americans to say what they think, but does request that the offending content be removed from the Internet because not only is it not speech protected by the First Amendment, it violates Plaintiff Garcia’s copyright in her performance.” (para 29) How convenient. It is not an “attack on the First Amendment” because Ms. Garcia’s lawyers cleverly simply declare that the content is “not speech.” Meanwhile, I guess that she owns the copyright in the film because she filed an application for a registration.

The press release sent out by Garcia’s lawyers claims that the attorneys responsible for this monstrosity were “previously affiliated” with Skadden Arps Slate Meagher & Flom LLP and both are former federal law clerks. What does that tell you? Being at the top of your class doesn’t mean that you don’t have shit for brains. Those of you attending TTT law schools take note. While chances are that your counterparts at the T14 did better on the LSAT, it doesn’t mean that you can’t wipe the floor with them when it comes to really practicing law.

Ms. Armenta and Ms. Sol’s complaint really is a piece of crap that no worthwhile attorney would have signed. Not only do the claims expose them as abject idiots, but the complaint exposes their client to a serious potential downside. First and foremost, Ms. Garcia most certainly does not own the copyright that she claims to. Thus, she does not have standing to bring this claim under the Copyright Act. This is not some obscure issue that it takes an IP law expert to figure out, but is clear from the plain language of 17 U.S.C. § 501(b), limiting actions for infringement to legal or beneficial owners of a registered work. When you don’t own anything, you don’t get to sue. Incredibly, Garcia filed suit in a court residing within the Ninth Circuit – which means there’s a small mountain of precedent examining this exact issue with a fine point. Sybersound Records, Inc. v. UAV Corp., 517 F.3d 1137, 1146 (9th Cir. 2008); Silvers v. Sony Pictures Entm’t, Inc., 402 F.3d 881, 889-90 (9th Cir. 2005); Righthaven LLC v. Hoehn, 792 F. Supp. 2d 1138 (D. Nev. 2011).

Welcome to the Pwn-Dome.

An actor’s performance in a film is not an independently copyrightable work. I am surprised that these two attorneys are unfamiliar with this rule of law. They might be well-served to review Aalmuhammed v. Lee, 202 F.3d 1227 (2000). You know, the case that is in pretty much every single copyright textbook published since before the Clinton administration ended. Jesus fucking christ, is it so much to ask that someone take a copyright course before filing a copyright infringement lawsuit?

Anyhow, back to Aalmuhammed v. Lee: In that case, Mr. Aalmuhammed contributed a significant amount of work to the Spike Lee movie, The Autobiography of Malcolm X. Mr. Aalmuhammed sought to be deemed to be a co-author of the film. However, the Ninth Circuit held:

Aalmuhammed did not at any time have superintendence of the work. Warner Brothers and Spike Lee controlled it. Aalmuhammed was not the person “who has actually formed the picture by putting the persons in position, and arranging the place ….” Spike Lee was, so far as we can tell from the record. Aalmuhammed, like Larson’s dramaturg, could make extremely helpful recommendations, but Spike Lee was not bound to accept any of them, and the work would not benefit in the slightest unless Spike Lee chose to accept them. Aalmuhammed lacked control over the work, and absence of control is strong evidence of the absence of co-authorship.

Under the law, the director of the film (and not any other contributor) is the author of the work. Not the consultants, not the actors, and not the guy who brought everyone coffee. If it were otherwise, then every actor or anyone else who had any part in the creation of the film would then engage in a feeding frenzy over who actually owned the rights to the film. For a creative work, the author, and not “helpers” owns the copyright.

The Aalmuhammed court stated:

The Constitution establishes the social policy that our construction of the statutory term “authors” carries out. The Founding Fathers gave Congress the power to give authors copyrights in order “[t]o promote the progress of Science and useful arts.” Progress would be retarded rather than promoted, if an author could not consult with others and adopt their useful suggestions without sacrificing sole ownership of the work. Too open a definition of author would compel authors to insulate themselves and maintain ignorance of the contributions others might make. Spike Lee could not consult a scholarly Muslim to make a movie about a religious conversion to Islam, and the arts would be the poorer for that.

The broader construction that Aalmuhammed proposes would extend joint authorship to many “overreaching contributors,” like the dramaturg in Thomson, and deny sole authors “exclusive authorship status simply because another person render[ed] some form of assistance.” Claimjumping by research assistants, editors, and former spouses, lovers and friends would endanger authors who talked with people about what they were doing, if creative copyrightable contribution were all that authorship required.

The arts would certainly be more impoverished if every director had to contend with every actor, especially any actor who is disgruntled, claiming copyright in the film and thus, the right to suppress the film’s publication. ‘Cause that is what this is really about: suppressing the publication of the work. It has nothing to do with an “author” claiming her rights under Art. I, Sect. 8, of the Constitution or Title 17.

Remember that? The Constitution? It grants “authors” the right to profit from their works. The Copyright Clause was not put there so that Ms. Garcia could use it as a tool to try and deal with actress regret.

If she’s going to regret anything, it very well may be filing this case. Remember those consequences I mentioned above? Yeah, they can bite her in the ass pretty hard. If Mr. Nakoula has counsel that is even remotely competent, the first thing he will do is file a special motion to strike under California Civ. R. Pro. 425.16, the California Anti-SLAPP Statute. While this statute does not stop discovery in its tracks in federal court, the way it does in state court, it still places the fear of a quick dismissal and attorney’s fees on Garcia’s head. Furthermore, the Copyright Act, under 17 U.S.C. § 505 provides for prevailing party attorney’s fees. There is no way that Garcia can non-fraudulently claim a copyright interest in the motion picture. How her lawyers missed that is beyond me. If I were judging this case, she still might win (on some of her claims) but in the end, the Plaintiff would be the one writing a check.

Ms. Armenta and Ms. Sol have walked their client into a buzzsaw. They clearly either have no idea what they are doing when it comes to copyright law, don’t care what they copyright law is, or have some other ulterior motive for bringing this claim. Whatever their motivation, this is one of the dumbest copyright infringement suits I have ever seen. For the love of god, if this happens to wind up in front of their eyes, I have a message for them: STOP. FIND SOMEONE WHO KNOWS WHAT THE FUCK THEY ARE DOING TO HELP YOU.

While Mr. Nakoula does not seem to be the most savory guy in the world, sometimes the bad guy wins. In this case, I certainly hope that he gets competent counsel, because this complaint deserves to be met with an anti-SLAPP motion and an award of attorneys fees heaped upon Ms. Garcia’s head. Otherwise, other idiots will see it and be emboldened to bring even more idiotic litigation into our already crowded federal courts.


A Pox on Both Your Houses – Suppressing Speech is Not the Same as Expressing Speech

September 26, 2012

The New York City Metropolitan Transit Authority recently came under fire for allowing advertisements on the New York subways that say, “In any war between the civilized man and the savage, support the civilized man. Support Israel. Defeat Jihad.”

Goebbels would be proud

The MTA initially refused to run the ad, claiming that it was “demeaning.” However, in July a Federal Judge schooled the MTA on the meaning of the First Amendment. (Order) The MTA, a government authority, does not get to pick and chose which messages it wants to accept.

With the MTA having no choice in the matter, Pamela Geller was free to purchase $6,000 worth of subway ads for a month. Naturally, I have some problems with the ad. First off, I dispute any notion that the Israelis are any more “civilized” than the Muslims. If I had my choice, I would give both groups 30 days to vacate Israel/Palestine and then saturate the land with “dirty bombs” so that nobody could live there for 10,000 years. Maybe after the two groups of assholes have that much time to cool off, they’ll figure out how to share.

The ad is certainly racist, and that’s the point. Geller is no better than Fred Phelps. Nevertheless, the cure for bad speech is more speech. Geller and Phelps will, hopefully, one day inhabit the same dungeon in hell. But, until then, we must pay the cost of living in a free society by tolerating both of their speech.

And that’s where we run into some problems.

Mona Eltahawy, an Arab-American journalist, has reasonable disagreements with an ad which calls her people “savages.” The ad is bigoted. The ad is despicable. Pamela Geller deserves to bo have a cactus shoved up her ass followed by a hive of African bees followed by another cactus. Her message is disgusting and, at the risk of invoking Godwin’s law, it smacks to me of 1940s era Nazi propaganda against the Jews.

And how does this differ from Geller’s ad?
“All propaganda has to be popular and has to adapt its spiritual level to the perception of the least intelligent of those towards whom it intends to direct itself.”-Adolf Hitler

Ms. Eltahawy decided to protest the ad by spray-painting it. And then, a woman by the name of Pamela Hall, who apparently works for Pamela Geller, decided to stand in between the ad and Ms. Eltahawy’s spray paint. At that point, I would like to say that hilarity ensued, but more to the point, stupidity ensued. Eltahawy expresses her stupidity by claiming that spray painting over the ad was her way of expressing her First Amendment rights. Ms. Hall then seemed to think it was perfectly okay to escalate the situation into a physical altercation. Finally, the police came and arrested Ms. Eltahawy for criminal mischief. They did not arrest Ms. Hall for physically assaulting Ms. Eltahawy. Let’s face it, this is happening in New York City and in a fight between an Arab and an Israel supporter, any judgment calls are going to go against the Arab – with or without instant replay.

It seems that the Arab-Israeli conflict can count among its casualties reason and rationality when it comes to expressing free speech theories. This story reminds me of eleven students arrested in February of 2010. In that incident, the Israeli ambassador to the United States, Michael Oren, was giving a speech at UC Irvine and some Palestinian students decided to express themselves at the same time. Outrage ensued on both sides of the divide, especially when the Palestinian students were dragged away and criminally charged for their conduct. They, like Ms. Eltahawy, claimed that they were simply exercising their First Amendment rights. I did find them being criminally charged to be awfully heavy handed and I’m quite certain, had the tables been reversed and a Palestinian speaker was being shouted down by Israeli students, nobody would have been prosecuted. Nevertheless, while I may empathize with the Palestinian’s view on their home being colonized, and while I believe that Ms. Eltahawy’s point about Ms. Geller’s ad is well-taken, I do not believe that shouting down your adversary or covering up their message is a defensible act. The First Amendment does not protect your efforts to silence a fellow citizen’s speech.

This happens frequently when one party does not like the other party’s message: stacks of newspapers go missing, speakers get shouted down, and posters get spray-painted. However, if anybody thinks that is the First Amendment in action, they need a remedial class in the subject.

I don’t believe that, strictly speaking, that vandalism of the poster should be completely prohibited. In San Francisco, some people were defacing the posters with bumper stickers that countered the message, while leaving the message intact. This still might be considered vandalism, but as a free speech issue, I find it far less objectionable. Similarly, had the Palestinian students simply stood up during the Israeli FM’s presentation, holding signs or wearing t-shirts critical of the Israeli government, I could find little to object to, even if it was slightly disruptive. I find it inexcusable when one side of a debate thinks that shouting the other down is the answer to the speech that they do not like.

The First Amendment it is not only there for the speaker — it is there for the listener too. I want a robust First Amendment not just because I want the ability to say anything I want to say, but also because I want to hear what everybody else has to say. I want to hear it even if it’s stupid. I want to hear it even if I find it objectionable. My beliefs are strong enough that they can stand firmly in opposition to those that I may find abhorrent. I don’t need to shut the other guy up by playing dirty pool. I don’t want to do that. I do want to shut the other guy up, but I want to shut him up by destroying his arguments. I want to shut him by showing everyone how stupid he is. I want to shut up Ms. Geller. But I want to shut her up by visiting the market place of ideas and utterly rejecting anything that she may have to sell. I want to convince other shoppers in the market place to walk away, saying, “Try selling batshit crazy bigotry some place else; we’re all stocked up here.” I would like to see Ms. Geller’s views wiped from the face of the earth. But they must be wiped from the face of the earth with reason and with wide-open and robust debate, not with a can of spray paint in some fool’s hand.