Now, if you saw my last post, there's not much i can say or do to make things clearer,
and i see that since all the stuff i do (typing scripture is not important to anyone),
I decided to take a pause from working on the real "Venus Project (Barely Female Totally Shemale Mixtape # 666)"
to work on something a bit different but still relevant to my blogging & musical content...
I ain't scared to say that i got inspired by this Documentary that you can check out or download:
RIP A REMIX MANIFESTO (847 MB)
http://www.megavideo.com/?d=3TIZ60SH
http://www.megaupload.com/?d=3TIZ60SH
all this to say, that Blogger removed one of my posts (around the same time the stock market crashed...lol),
they claimed it was because of copyright violations, i sent them a letter explaining my defence which is
explained pretty well in this documentary,it explains very well why i'm a pirate and why i'm not part of
the "industry", "show business" or "academia" ... because if it was up to to them and i would let them
do all that they want and not say anything i would never have found out the truth that was there the whole
time in books, movies, signs and symbols guarded by the elite, secret societies or fraternities who see the
rest of us as dummies ...
just to show all that i'm not making this up, i followed the advice & formt of a canadian conspiracy theorist
while writting them the letter i forgot his name right now, i remember he doesn't have a driving license or
id or something like that and the cops don't even fuck with him...i found that shit so gangsta, so i had to
put his theory to the test, and it seems to work if... they know that you know their laws or how to play
their game against them and that your are not part of "their system"... anyway here's the letter i sent them:
RE: Blogger DMCA takedown notification
From: Emmanuel Lokoka (bokefa@hotmail.com)
Sent: October 17, 2008 9:41:44 PM
To: support@blogger.com
Notice of seeking understanding and intent and a Claim of Right
Whereas it is my understanding it is your policy to respond to clear notices of alleged copyright infringement.
Whereas it is my understanding your letter describes the INFORMATION that should be present in your notice
Whereas it is my understanding It is designed to make submitting notices of alleged infringement to Google as straightforward as possible while reducing the number of notices that you receive that are FRAUDULENT or difficult to understand or verify.
Whereas it is my understanding The form of notice specified below is consistent with the form suggested by the United States Digital Millennium Copyright Act .
Whereas it is my understanding REGARDLESS of whether you MAY be liable for such infringement under local country law or United States law, your response to these notices MAY include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers.
Whereas it is my understanding If you remove or disable access in response to such a notice, you will make a GOOD-FAITH attempt to contact the owner or administrator of the affected site or content so that they may make a COUNTER NOTIFICATION.
Whereas it is my understanding you may also document notices of alleged infringement on which you act.
Whereas it is my understanding in addition to being forwarded to the person who provided the allegedly infringing content, a copy of this legal notice may be sent to a third-party which may publish and/or annotate it.
Whereas it is my understanding your letter (with my personal information removed) may be forwarded to Chilling Effects (http://www.chillingeffects.org) for publication.
Whereas it is my understanding Chilling Effects is a joint project of the Electronic Frontier Foundation and Harvard, Stanford, Berkeley, University of San Francisco, University of Maine, George Washington School of Law, and Santa Clara University School of Law clinics.
Whereas it is my understanding according to Chilling Effects :"Anecdotal evidence" suggests that some individuals and corporations are using intellectual property and other laws to silence other online users.
Whereas it is my understanding Chilling Effects encourages respect for intellectual property law, while frowning on its misuse to "chill" legitimate activity.
Whereas it is my understanding The Chilling Effects website offers background material and explanations of the law for people whose websites deal with topics such as Fan Fiction, Copyright, Domain Names and Trademarks, Anonymous Speech, and Defamation.
Whereas it is my understanding i have received this notice because of Copyright infringement, so i must seek more information on this topic from The Chilling Effects website.
Whereas it is my understanding When a copyright holder sues a user of the work for infringment, the user may argue in defense that the use was not infringement but "fair use." Under the fair use doctrine, it is not an infringement to use the copyrighted works of another in some circumstances, such as for COMMENTARY, criticism, NEWS reporting, or educational use. The defense generally depends on a case-by-case judgment of the facts.
Whereas it is my understanding Notwithstanding the provisions of sections 106 and 106A [setting forth copyright owners' exclusive rights and visual artists' artistic rights], the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include ?
FACTOR 1: THE PURPOSE AND CHARACTER OF THE USE
This factor considers whether the use helps fulfill the intention of copyright law to stimulate creativity for the enrichment of the general public. The DEFENDANT MUST SHOW how a use either ADVANCES KNOWLEDGE or the progress of the arts through the addition of something new. The more transformative the use, the more likely it is to be fair, whereas if defendant merely reproduces plaintiff's work without putting it to a transformative use, the less likely this use will be held to be fair. Further, the more commercial defendant's use, the less likely such use will be fair.
FACTOR 2: THE NATURE OF THE COPYRIGHTED WORK
The more creative, and less purely factual, the copyrighted work, the stronger its protection. In order to prevent the private ownership of work that rightfully belongs in the public domain, FACTS and IDEAS are separate from COPYRIGHT?only their particular expression or fixation merits such protection. Second, if a copyrighted work is unpublished, it will be harder to establish that defendant's use of it was fair. See Salinger v. Random House, Inc., 650 F. Supp. 413 (S.D.N.Y. 1986), and in New Era Publications Int'l v. Henry Holt & Co., 695 F. Supp. 1493 (S.D.N.Y. 1988). One commentator noted that "the original author's interest in controlling the circumstances of the first public revelation of his work, and his right, if he so chooses, [is to not] publish at all." While some argue that legal protection of unpublished works should come from the law of privacy rather than the law of copyright, Congress amended the Fair Use doctrine to explicitly note, "The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors."
FACTOR 3: THE AMOUNT AND SUBSTANTIALITY OF THE PORTION DEFENDANT USED
In general, the less of the copyrighted work that is used, the more likely the use will be considered fair. If, however, the defendant copied nearly all of, or the heart of, the copyrighted work, his or her use is less likely to be considered fair. See Harper & Row, Publishers, Inc. v. Nation Enters., 471 U.S. 539 (1985).
FACTOR 4: THE EFFECT OF DEFENDANT'S USE ON THE POTENTIAL MARKET OF THE COPYRIGHTED WORK
This factor is generally held to be the most important factor. See Harper & Row, Publishers, Inc. v. Nation Enters., 471 U.S. 539 (1985). This factor considers the effect that the defendant's use has on the copyright owner's ability to exploit his or her original work. The court will consider whether the use is a direct market substitute for the original work. The court may also consider whether harm to a potential market exists. The burden of proof here rests on the defendant for commercial uses, but on the copyright owner for noncommercial uses. See Sony Corp. v. Universal City Studios, 464 U.S. 417, 451 (1984). It is important to note that courts recognize that some market harm MAY come from fair uses such as PARODIES or NEGATIVE REVIEWS, but that such market harm does not MILITATE against a finding of fair use.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
Of course, even with these factors, it is problematic and often unyielding to try to predict what uses a court will deem fair.
Whereas it is my understanding A blog (a portmanteau of web log) is a website where entries are written in chronological order and commonly displayed in reverse chronological order. "Blog" can also be used as a verb, meaning to maintain or add content to a blog.
Many blogs provide COMMENTARY or NEWS on a particular subject; others function as more personal online diaries. A typical blog combines text, images, and links to other blogs, web pages, and OTHER MEDIA RELATED to its TOPIC. The ability for readers to leave comments in an interactive format is an important part of many blogs. Most blogs are primarily textual, although some focus on art (artlog), photographs (photoblog), sketchblog, videos (vlog), music (MP3 blog), audio (podcasting) and are part of a wider network of social media. Micro-blogging is another type of blogging which consists of blogs with very short posts.
As of September 2007, blog search engine Technorati was tracking more than 106 million blogs.
Whereas it is my understanding Fair use is an affirmative defense that can be raised by an individual against whom a claim of copyright infringement is alleged. See Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569 (1994). Once the plaintiff has proven that his or her copyright was infringed upon, the burden lies with the defendant who invokes the fair use defense to PROVE that her or his use of the copyrighted work of another should be legally permitted, notwithstanding the copyright owner's exclusive rights in her work.
Whereas it is my understanding in a text, it is necessary to include footnotes (at the end of the page) or endnotes (at the end of the document, but before the bibliography) in four particular circumstances. But, you can't use both formats in a same document; you either use footnotes or endnotes. Here are the particular circumstances:
1-whenever you include a quote taken directly from another author's book or article;
2-whenever you include one or many statistics (kilometres for a military frontage, number of victims in a conflict, amount of money given by a government, etc.);
3- whenever a very precise idea or group of ideas are taken directly and literally from another author's argumentation;
4- and/or whenever you include supplementary information allowing you to define or illustrate in more details a concept included to your text.
Whereas it is my understanding a footnote gives credit to the original author allowing others the opportunity to use the original's authors words and ideas in part or in it's entirety with the option to comment and critic thus adding new words not written by the original author thus creating a new composition not liable for copyright infringement.
Whereas it is my understanding The clause of the Constitution that gives Congress the power to enact copyright laws indicates that the purpose of the given power is to "promote the progress of science and the useful arts" by allowing authors to secure the exclusive rights in their works for "limited times." Thus, many see the Constitutional scheme behind copyright as a kind of balance between (1) forming incentives for authors to create new works by giving them rights that will allow them to make money from their works, and (2) limiting the rights so that the works themselves are useful to the public and in turn advance the "progress of science and the useful arts."
Fair use fits into this scheme by giving the public the right to use copyrighted works in certain situations even though the author has exclusive rights. That is, IN SOME CIRCUMSTANCES, such as certain uses involving SCHOLARSHIP or RESEARCH, the "progress" referred to in the Constitution is best PROMOTED and the PUBLIC is best served by ALLOWING an unauthorized use of the copyrighted work. These uses are deemed fair because they are consistent with the power given to Congress to enact copyright laws.
Whereas it is my understanding my blog clearly states at the top: "My Personal Opinions on Various Issues: Politics,Religions,Spirituality,God (Yahweh),Jews,The Illuminati,Secret Societies,Rap Music,Hip Hop & Black History U Don't Have to like it or Me...But the Truth is Out there ...seek and find it (for yourself)"
Whereas it is my understanding that Fair use fits into this scheme of my blog by giving the public the right to use copyrighted works even though the author has exclusive rights. I am using copyrighted works to HELP THE PUBLIC PROGRESS IN THEIR SCHOLARSHIP OR RESEARCH by:
1- Advancing knowlege as my purpose. (FACTOR 1)
2- Preventing the private ownership of Facts & Ideas that rightfully belongs in the public domain (OR THAT SHOULD BE TAUGHT TO EVERYONE NOT HIDDEN BY SHADY TEACHERS OF HALF-TRUTHS ) because Facts & Ideas are not "copyrightable" no matter how CREATIVE an author is PRESEINTING THE FACTS. (FACTOR 2)
3- By copying the copyrighted works in it's entirety and not transforming it, i am giving the original authors full credit and not aiming to censer or limit the authors rights in any way as my aim is to use the works as fair use and also as promotion giving the author's works some free publicity that will allow them to make money from their works. (FACTOR 3)
4- By not changing any words of the copyrighted material, even if my "OPINION" on the works copied could be vieweds as "NEGATIVE REVIEWS", such market harm does not CONTRADICT a finding of fair use. (FACTOR 4 )
Whereas it is my understanding my OPINION is an IDEA based on FACTS, facts can be written down but not copyrighted.
I do not know what part of my post caused you to receive a complaint from a third party forcing you to remove my post NOT ALLOWING ME to add FOOTNOTES or give proper credit where the credit was due, or to file a proper dispute BEFORE you decided to TAKE IT DOWN, I also did not get the chance to evaluate and edit my post and to see if the disputed texts or materials belong to the public domain along with all FACTS & IDEAS or was just subject to me deciding to go to court claiming FAIR USE.
I would like to see my posts re-instated or the notes explaining clearly to me what part of the removed post was copied and caused you to VIOLATE MY rights of FREE SPEECH AS A BLOGGER, I also would like toknow wich "third party" you sent my letter to (and a copy of the letter), AND I WOULD LIKE TO SEE THE REPORT FILED AGAINST MY POST BY WHOEVER FILED IT (AUTHOR OR GROUP,ETC...)
i claim the right to seek further clarification on this issue because the last post i posted in the last days of September mysteriously dissapeared, and i feel that this is a VIOLATION OF MY right to express my OPINION ON MY BLOG.
THANK YOU AND I WILL BE AWAITING YOUR REPLY
ONLY YAHWEH CAN JUDGE YOU & ME ( AND ONLY HE KNOWS THE THOUGHTS BEHIND OUR ACTIONS ) !
ROBIN HOOD
----------------------------------------
> Date: Wed, 1 Oct 2008 13:37:53 -0700
> From: support@blogger.com
> To: bokefa@hotmail.com
> Subject: Blogger DMCA takedown notification
> CC: blogger-dmca-notification@google.com
>
> Blogger has been notified, according to the terms of the Digital Millennium Copyright Act (DMCA), that certain content in your blog infringes upon the copyrights of others. The URL(s) of the allegedly infringing post(s) may be found at the end of this message.
>
> The notice that we received, with any personally identifying information removed, will be posted online by a service called Chilling Effects at http://www.chillingeffects.org. We do this in accordance with the Digital Millennium Copyright Act (DMCA). Please note that it may take Chilling Effects up to several weeks to post the notice online at the link provided.
>
> The DMCA is a United States copyright law that provides guidelines for online service provider liability in case of copyright infringement. We are in the process of removing from our servers the links that allegedly infringe upon the copyrights of others. If we did not do so, we would be subject to a claim of copyright infringement, regardless of its merits. See http://www.educause.edu/Browse/645?PARENT_ID=254 for more information about the DMCA, and see http://www.google.com/dmca.html for the process that Blogger requires in order to make a DMCA complaint.
>
> Blogger can reinstate these posts upon receipt of a counter notification pursuant to sections 512(g)(2) and 3) of the DMCA. For more information about the requirements of a counter notification and a link to a sample counter notification, see http://www.google.com/dmca.html#counter.
>
> Please note that repeated violations to our Terms of Service may result in further remedial action taken against your Blogger account. If you have legal questions about this notification, you should retain your own legal counsel. If you have any other questions about this notification, please let us know.
>
> Sincerely,
>
> The Blogger Team
>
> Affected URLs:
>
> http://consciousb-boy.blogspot.com/2008/09/just-quick-video-update.html
_________________________________________________________________
anyway all this to say, is that i am ready and daring anyone to come arrest and find me guilty for doing
what i'm doing...try to do me like Sherry Jackson i'll Silvio Berlusconi ya face ...
then pretend i'm a mental case who thinks he's from outter space !...lol
YEAH I SAID IT & DID IT... AND I'LL DO IT AGAIN... AND AGAIN... TILL IT'S YOUR DEAD END ! WHAT !
I done spoke too much on this already, you all probably know by now that i ain't playing around...or am I ?
here's a promo :
The Christmas Spirit Of Mr.Bean (Anti-Christ[mas] Mixtape Promo)
...a promo fo':
Tracklist (edited):
01-The Pope at The Vatican (Intro)
02-Yahweh's Avatar Vs. The Morning Stars
03-Mr.Grinch Anthem
04-Jesus Your The Nastiest
05-Raging Rudolph [based on MadTV skit]
06-God Bless Ye Worthy Ladies & Gentlemen
07-Jungle Fever
08-Here Comes Mr. Scrooge
09-Jesus Your The King of Sinful Sots
10-There's No God but Yahweh
11-Jingle Bells
12-Presidential Address (Coming Out The Closet Interlude)
13-Deck The Halls (Mr.Scrooge Remake)
14-My Lord & Master
15-Saying Grace Through Drum & Bass
16-Jesus's Nuts Roasting On an Open Fire
17-Emmanuel's Christmas Carol
18-Scrooge is Getting Worse
19-This The Season To Party like a Fox......(lol)
20-How Lovely Shines The Morning Star of Bethlehem
21-I'm Dreamin' Of an Hermaphrodite's Penis
22-A Last Word From DJ Scrooge
23-The Pope at The Vatican Remix(Outro)
GrandMaster Grinch & DJ ScrooGe - The Anti-Christ[Mas[s]] Mixtape
that's all for this year, stay tuned to this Pirate's blog and radio for more info
Bah Humbug
No comments:
Post a Comment