Tag Archives: law

It’s A Small World After Monsanto Takes All – IP Freely

0, hai. As the Nation has turned it’s glazed eyes toward the McCain Future, we here at the Kiosk Under The Light At The End Of The Tunnel Out Of The Death Of Democracy have turned ours back to the wonderful world of Law and it’s inevitably craptastic intersection with the Common Good™. To wit; we proffer the following for the elucidation and edutainmentation of all:

It’s A Small World After Monsanto Takes All


open playlist in new window

H.R. 5889: Orphan Works Act of 2008

S. 2913: Shawn Bentley Orphan Works Act of 2008

Plagiarism Today – Orphan Works Bill

Polite Nerd’s Position RE: Orphan Works

H.R. 3578: Intellectual Property Rights Enforcement Act
To safeguard the economic health of the United States and the health and safety of United States citizens by improving the management, coordination, and effectiveness of domestic and international intellectual property rights enforcement, and for other purposes.

H.R. 3155: Intellectual Property Enhanced Criminal Enforcement Act of 2007

It’s A Small World After Monsanto Takes All – IP Community


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[Hazzy on the disp.]

In April of 2008 the social necrotic of Intellectual Property Law manifested in illustratingly infelicitous fashion.

A Google-hosted video of “The World According To Monsanto – A Documentary That Americans Won’t Ever See” was discovered; “in the wild”, as it were. The video file was localized by choosing the “Download for Email” option provided by Google. This file was split into 12 segments for the YouTube audience as an educational service, being as the title implied that it was not being carried, broadcast or shown in the USA and the subject material impinges upon all Citizens.

The word “impinge” has a mid 16th century ORIGIN: from Latin impingere ?drive something in or at,? from in- ?into? + pangere ?fix, drive.? The word originally meant [thrust at forcibly] then [come into forcible contact]; hence [encroach on] by mid 1700’s: intrude on, infringe (on), invade, trespass on, obtrude, cut through, interfere with; violate; horn in on.

It is specifically describing the dislocation and disenfranchisement of the average person due to Enclosure of the Commons.

As predicted, the series was blocked at [host] due to copyright violation. An attempt to provide alternate hosting was met with immediate response, expected due to the
transparency of approach. Videos posted were removed within minutes of upload.

If education was the goal in producing the film,
The Film Board of Canada seem to be working against it.

Overtime.

It should be noted that no [userprofile] was harmed in this, the [Host] merely made the offending vids unstreamable. This appears to be a case of copyright interfering with educational endevours, and a fairly painless one at that. It’s understandable for creators to want distributive control of the media they make, but fair use of media from all mediums should be considered a trust of the public, a given grey area where one’s work enters the Commons of Human Knowledge and truly becomes a shared resource. It isn’t about piracy, and it isn’t about publishing or concessionary property.

It is about information, the exchange of which should be encouraged. It is about education, requisite to weigh the issue of a transnational corporate body with a toxic track record owning the Nation’s food supply; owning food, all food, due in no small part to the exploitation of an oxymoronic legal dysfunction known as Intellectual Property.

It is about Enclosure; that abhorition of Human Processes that fences, walls, divides, alienates, separates and denies the Individual the Commons in favor of usurping it for profit and power. That vile, arrogant tool of the Developer Classes that pushes and prods peasants from farm to factory to phone bank, from sharing grazing pasture to sharing mass graves, from open waters to the bellies of company trowlers. Enclosure of the land has been completed.

Enclosure of the Public Trust has nearly been completed, with the death of analogue broadcasting in 2009 being one of the last hedgerows. Think about it: most utility resources are spoken for, fenced away from casual use as needed by individuals and in most cases privatized with State enforcement of trespass.

There is one Commons left. Our Common Mind, our Intellect; which is the dynamic hypernodal expression of our individual contributions to the Shared Folder of Human Knowledge and Experience.

[Hazzy 0ut.]

For a hot time, goto: http://www.govtrack.us/congress/billsearch.xpd
Ask for keyword = “copyright” and/or “intellectual property”!

S. 1505: Affordable Biologics for Consumers Act

H.R. 2900: Food and Drug Administration Amendments Act of 2007
To amend the Federal Food, Drug, and Cosmetic Act to revise and extend the user-fee programs for prescription drugs and for medical devices, to enhance the postmarket authorities of the Food and Drug Administration with respect to the safety of drugs, and for other purposes.

S. 2242: Heartland, Habitat, Harvest, and Horticulture Act of 2007
An original bill to amend the Trade Act of 1974 to establish supplemental agricultural disaster assistance and to amend the Internal Revenue Code of 1986 to provide tax incentives for conservation and alternative energy sources and to provide tax relief for farmers, and for other purposes.

H.R. 2207: Agricultural Disaster Assistance and Western States Emergency Unfinished Business Appropriations Act, 2007
Making supplemental appropriations for agricultural and other emergency assistance for the fiscal year ending September 30, 2007, and for other purposes.

Section 1009 -Appropriates amounts for emergency grants for low-income migrant and seasonal farmworkers.

Know The Chemical Combine’s Hydra Heads:

Monsanto in Wikipedia and Monsanto at SourceWatch
Dow
Dupont

The Combine’s Future Plans:

Dupont returns the Hydra to India
Triumph (of the Will) Seed

The Combine’s Legacy Of Agricultural Endevours:

A Conservative Conservation Truth

Agent Orange
The Feel-Bad Rainbow
40 years of poison law
Prop H – Mendecino, CA
Dream Deferral

What Monsanto (et al) do with IP:

Who Owns Life? Canadian Farmer Sued by Monsanto
Seeds of Discontent

What you can do:

The Great Boycott

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Contra Negative

Givens:


John Locke


Jean-Jacques Rousseau

“The Upper Middle Class To The Rescue!!!”

According to most summations i’ve recently reperused, Rousseau had ditched the Nobel Savage for Competitive Man prior to hashing together Enlightenment Natural Law. Everybody seems to agree, as they always have, that Rousseau’s Social Contract begat Locke’s, which begat modern Populism, Socialism, Democratic Theory, Marx, Disney, The New Yorker (especially those witty and urbane cartoons), and Unified Field Theory. John Locke: Rebel Genius.

Bullocks.

First of all let’s finnally do away with the Swiss-born Frenchman, Rousseau, whose “genius” determined natural humans to be individuals moved by animal needs and whims, only cooperating begrudgingly to better thier fortunes. These are the ideas of either a complete dullard with no picture-book encyclopedias at his disposal or a Cheneyesque attempt at meme vectoring. I think we can easily pick it out as the later, given the young Rousseau’s rapid navigation from immigrant footman to Ambassador with apparently no merit other than nice hair. He was writing in the late 1700’s, a time misty in collective memory, the height of Enclosure.

He was writing treatises on accepting Authority, implying that common citizens need control, desperately so, exhorting on on hand that majority will should be the Rule of Law and on the other implying that the majority were a lawless bunch bound together for thier own good, like it or not.

Recognize it now? “Work with the System We all agreed to live under, it’s reformable and just at heart; otherwise the Abyss of Mob Rule will swallow us all!”

Contra Rousseau: The New Savage And Natural Law

Given:

Humans are a subspecies of hominid primates. Like all such creatures, these social animals organise themselves into either matrialinial or patrialinial clan hierarchies to control breeding priviledges and establish territorial boundaries. Like thier cousins the gorrillas, these primates have a dramatically divergent morphology between sexes, which tends to emphasise and reinforce divisions of labor. Females, equipped with lactal glands, tend towards tasks involving caring for the long-developing offspring, facilitate nesting maintainance and gathering of utility items of low unitary weight. The stonger, agressive males will defend territory and fulfill the hunting requirments of the human omnivour diet. These roles may be altered, swapped, or abbandoned altogether as local environment dictates; the human is nothing if not virulently flexable, a quality enhanced by thier innate social instincts. Humans in solitary situations often suffer rapid mental degradation even in otherwise favorable conditions, and are generally prone to death rates that quickly eclipse birth rates in areas where populations are spread too thin. Although formidable in numbers, even prime Alpha males and females of Homo Sapiens are weak of vision, brittle-boned, feeble in musculature and poor of hearing compared to other mammals.

Natural Law is such that we need to cooperate. We unfortunatly inheirited hierarchical tendancies from our family, who all organize in pyrimids. We also have an odd mix of ourangutan/gorilla bluff, Bonobo sexual reaffirmation, and murderous chimpanzee psychosis techniques that we innately draw on to navigate and organize our social groups, and we innately love feeling we have a strong leader to the point of…

…well, to the point of US President and Evil Puppet of Choice, Ronald Reagan. A piss-poor human being, B-list actor on the skids, and yet convincing in the Uber-Alpha role to the point that the worthless casual butcher of a shit-stain would be freaking elected TODAY by a landslide if i dug his ass up, put new strings on him and shoved a loop-tape of the 1984 debate highlights in his neck. A new coat of Grecian Formula, America would have Morning Again, and every nation in the world would fear us the way we like. Like 1984.

I hated every minute of Reagan, from his local closing of the assylums in my homestate through his declaration that ketchup was all the vegatable a public school kid needed through his drugs-for-missiles rape and torture of every nation south of Houston and WTF shoot him AGAIN, Hinckley you fucktaRD….

I digress. Hated him. Never felt safer.

Never. Not even when he was dancing with Brezhnev over the Afgahnistan sunset, trying to re-start the Race for Atomic Supremacy we had lost, LOST, flat out, 10 years prior. The Old Guards were smiling, astonished, knowing we hadn’t yet caught on to the fact that our Naval Inteligence office was moled out by family of traitors who had been selling secrets on demand. Smiling, but backing down. Brezhnev, i think, died prematurely just to not have to deal with the cognitive dissonence he was experiencing as a result of buying into the Reagan Myth; knowing he could draw John Wayne in for a decisive deathblow by the Bear at his command, but finding himself at the table making unnessesary concessions to an arrogant moron.

Last time i saw The General in public was a Mayday parade vid, and the bastard looked like he just didn’t know who to kill anymore, or why. Like Stalinism had lost it’s glow, and he knew why: No Stalin.

Stalin. Reagan. Hitler. That’s Natural Law, kids, and you know it.

Given:

Humans are social primates who maintain an innately predisposed hierarchy with lies, violence and sexual manipulation.

Given:

This situation is not an equilibrium with tendencies towards egalitarian developement.

Groove on that for a spell.

(‘coz i love my ‘Press kinder so, here’s some ImaginationLand for ya.)

Smith Operatorus

These are divisive times, and the fractous ebb of popular action signals an accademically developmental era for democratic unionists.

So let’s try to do better than our Forebears and Betters™.
Let’s get the principles of populism down to provable precepts.

For All to inarguably accept a precept as Givens, it has to become Law.

This is a lengthy and nebulously defined “scientific” phenominon. Regardez the declention ofPythagorias’ Theoreum -vs- Boyle’s Law.

The reasons for this obviously skewed, specialty-dependent and arbitrary nomenclature being bandied about by our Expert class of Authorities are variously incompetence, corruption and petty stupidity in differing ratios. In general, though, the gestault of the Academic Authority will move towards acceptance of a given principle if it is arguably true (and stated falsifiably), or at least gives them enough to chaw on that Papers can be written, thus affording the individuated Authority Units of current Academia opportunity to advance thier own personal Status.

Unless of course it proposes a direct danger to the Dominant Culture or it’s Control Authority, in which case a discovered principle, it’s technological applications and quite possibly it’s proponer and thier adherants are generally bashed, banned and burned in public.

Therefore the Populist in search of a Principia Primae upon which to rest a less-Elitist Demagogiae Democratii, one which forgoes the repugnant and lazy side-step towards the hated Republic By Patricians, must belabor a bit the methodology, lest an obvious Truth™ be badmouthed as balderdash too simple to besmudge another blog entry with.

V ≣ L

Take our precious Labor Theory of Value, which should rightfully be a Law.
I mean, think about it. Even gold is valueless as is, especially in a State of Nature. It’s Labor, applied and layered, that gives an object of gold any actual Utility Value that it has. Bread has more Value than raw wheat, and good 9-grain bread more again due to increased Labor enhancing the Utility Value.

UV L

Kenysian Value theory, and economics per Authoritee Academe, shied purposefully away from such and abandoned the Utility based science that had been built in favor of an quantatively aggregationist, statistically specious, psuedo-science cum propaganda platform far more useful as a soapbox for industrial appologism than as a tool for inquiry. Oh, maybe it could be used by a marketteer to describe preference changes of a target demographic in a given set of circumstances, since Preferences are MainGod for market economics and it’s flimsy, mutable excuse for Value. We can suppose also that one can use Thier™ stats against Them™, but why?

{∑∞⇅⋓ॐ≢x(n+1)}≣¡|Justice + Equality|!

(There Does Not Exist a Theory of Everything that is Strictly Equivalent To a Strong Argument For the Absolute Value of Justice and Liberty)*

In light of the task at hand, being devising or divining a logical expression of principles governing Human Social Macrodynamics (political economics), let the following operators be (re)defined THUS:

means Authority.
means Strictly Equivalent To.
means Given (Because).
means Therefore.
means Dialectically Reciprociprocal.

This expresses a relationship which may be negative, neutral or possitive with regards to impact. A model to consider here is English and spin on a poolball, which impart with reversed direction when vectored off another ball.

⤴⤷A⥤B=⤵⤶B+⤵⤹A
or
¡A!-⇅¡B!

where ¡! is indicative of an integrated unity of the multi-phasic set of vectors and forces describing the movement of the enclosed Variable Unit.**

means There Exists
means There Does Not Exist.
means Is Not Equal To.

These are our Operators; let us pray that we never have to use them against the Innocent™. Except and . They’re cool looking. with a circle around it is of course the traditional “Authority” symbol, -v- the Circle A™ of our Beloved Future Perfect, Anarchy. Go figure why they aren’t standard unicode characters.

Better yet, go remind yourself of the Twin Tards, the Authority Agents whose “Enlightenened” ideas we need to supplant and surmount to succeed in seeding Democracy.


John Locke: Ovaltine

To make his arguments John Locke had to re-write some of the “Noble Savage” drivel of J-J Rousseau, upon whose Natural Law our idea of the Social Contract is hung, tacked up like a Proclaimation the Sheriff was told to nail onto the doors of our peasants’ hovels, en masse under the cover of an Absinthe-flooded night.


Jean-Jacques Rousseau: The Return of The Golden Rectangle?

Refresh your heads as breifly as possible (if you wish) on these gentlemen and thier odd ideas. Ruminate about thier Class, perhaps, and what thier goals were, if you think they indeed had any.
Then we’ll move on.

* One should likely insert the words “Piss-Poor, Senseless and Hastily Fabricated” prior to “Theory of Everything” in the refering sentence to get more literal translation from the equation above it; however, this is contrapositive to it’s given and nominatively eponymous raison d’etre.

**(Luckily, we won’t be doing physics proofs with demographics, per se. Your Candidate is notably weak on the quantificationisms.)

“Dick Dick Dick Dick Dick Dick…”

I couldn’t embed this freshly Opened Source here, so i made a page for anyone interested in watching Frontline’s report on 3 decades of Dick Cheney’s good woks.

open “Cheney’s Law” movie in new window

“For three decades Vice President Dick Cheney conducted a secretive, behind-closed-doors campaign to give the president virtually unlimited wartime power. Finally, in the aftermath of 9/11, the Justice Department and the White House made a number of controversial legal decisions. Orchestrated by Cheney and his lawyer David Addington, the department interpreted executive power in an expansive and extraordinary way, granting President George W. Bush the power to detain, interrogate, torture, wiretap and spy — without congressional approval or judicial review.” Read more »

DIY Impeachment – The Republic’s Last Resort

“…and it was like, bam! It hurt. Like a virgin.”