Re: DMCA takedowns of networks

[Bruce Williams <williams.bruce () gmail com>]

On Mon, Oct 26, 2009 at 11:44 AM, Jack Bates <jbates () brightok net> wrote:
> Richard A Steenbergen wrote:
> > had no liability in the matter. Of course Hurricane is well within their
> > rights not to serve any customer that they please, but the customer is also
> > well within their rights to find another provider who better respects the
> > rights of free speech on the Internet (if the above is what actually
> > happened).
>
> I'm sure HE respects the rights of free speech just fine. That being said, a
> notice was delivered, customer may not have replied with the appropriate
> legal notice, and so HE honored it's obligation to maintain safe harbor.
>
> One would have to be an idiot to jeopardize their company by rolling the
> dice in an effort to protect free speech (which may not legally be free
> speech). Courts determine what is free speech. ISPs just try to stay the
> hell out of the way.
>
> Jack

Just to add some facts to the debate, the "Yes Men" get them
themselves somehow on as speakers to some group such as the COC and
give a speech that exposes the organization to ridicule. For example
they pretended to discover climate change would be bad for business at
the COC and proposed the return to slavery as a solution to Africa's
economic problems at a Wharton Business School conference. The amazing
thing is their pronouncements are taken seriously by the audience.

I am not a lawyer, but I know satire when I see it and this is damn
good political satire, something the courts have given broad free
speech protection to.

Satire can incorporate a great deal without copyright infringement.
The Supreme Court ruled that a song named "Pretty Woman" that used
much of the words and all the music of another song "Pretty Woman"
that satires the original song by having the "pretty woman walking
down the street" being a prostitute in their neighborhood and arrested
was protected speech in spite of consisting of over 90% of the
original work.

Not that HE should act as a judge, but just to clarify what is being done.

http://theyesmen.org/

Bruce Williams