Hey Fred, Forgot To Mention Something
Onideus Mad Hatter
http://blog.wired.com/27bstroke6/2008/12/lori-drew-attor.html
Which came shortly after (our last correspondence was on 11-29) a
series of e-mails between me and Lori Drew's attorney regarding
interpretations over the MySpace ToS. That was one of several
approaches we talked about, although I think the artistic/character
copyright angle would have made for a stronger case, but whatever. In
any event it's a fuck of a lot more solid than their original argument
of 'no one reads the ToS'.
Here's an excerpt from one of the e-mails I sent him (regarding the
angle I think he should have gone with):
: Yeah I read that, but there was quite a lot that they never covered,
: including the artistic right to create a character and use that
: character in the use of Internet Performance Art (IPA), no different
: than any other comedian, actor, artist, etc who creates and uses a
: character in a public venue. In that sense MySpace's ToS were never
: violated because all the information was in fact true to the character
: Josh Evans, which is copyrighted to those that created the character.
: The character is just as real as any person is and MySpace has no
: rules against creating character personas. In my opinion it's less
: about free speech and more about artistic right. I myself have a
: whole variety of characters and personas I use online and have used
: online for nearly two decades now. Those characters may not be
: reflective of who I actually am in the real world, but those
: characters are my works of art and they are just as real to me (and
: those that interact with them) as any real person.
But either way, they're in a much better position now and don't need
to rely on the courts better judgment to simply throw out the case.
--
Onideus Mad Hatter
mhm น x น
http://www.backwater-productions.net
http://www.backwater-productions.net/hatter-blog
Hatter Quotes
-------------
"When I listen to people I don't really listen to what it is they're
saying, so much as what they're saying it for."
"Don't ever fuck with someone who has more creativity than you do."
"You're only one of the best if you're striving to become one of the
best."
"I didn't make reality, Sunshine, I just verbally bitch slapped you
with it."
"I'm not a professional, I'm an artist."
"Usenet Filters - Learn to shut yourself the fuck up!"
"Drugs killed Jesus you know...oh wait, no, that was the Jews, my
bad."
"The more I learn the more I'm killing my idols."
"Is it wrong to incur and then use the hate ridden, vengeful stupidity
of complete strangers in random Usenet froups to further my art?"
"Freedom is only a concept, like race it's merely a social construct
that doesn't really exist outside of your ability to convince others
of its relevancy."
"Next time slow up a lil, then maybe you won't jump the gun and start
creamin yer panties before it's time to pop the champagne proper."
"Reality is directly proportionate to how creative you are."
"People are pretty fucking high on themselves if they think that
they're just born with a soul. *snicker*...yeah, like they're just
givin em out for free."
"How sad that you're such a poor judge of style that you can't even
properly gauge the artistic worth of your own efforts."
"Those who record history are those who control history."
"I am the living embodiment of hell itself in all its tormentive rage,
endless suffering, unfathomable pain and unending horror...but you
don't get sent to me...I come for you."
"Ideally in a fight I'd want a BGM-109A with a W80 250 kiloton
tactical thermonuclear fusion based war head."
"Tell me, would you describe yourself more as a process or a
function?"
"Apparently this group has got the market cornered on stupid.
Intelligence is down 137 points across the board and the forecast
indicates an increase in Webtv users."
"Is my .sig delimiter broken? Really? You're sure? Awww,
gee...that's too bad...for YOU!" `, )
Fred Doyle
You're misreading my interest in the case if you think I care how this
ultimately works itself out. I simply say, we live in interesting times,
and cases like this highlight that. I had read that the motion had been
filed
If I wanted a new career, intellectual property law would be my choice.
there are years of litigation ahead. Fraud and theft of identity cases
are probably second only to that.
This is an interesting argument on the attorney's part, and the
precedent seems to support it. But who knows what the outcome will be.
Its the 9th circuit so that helps the defendant, I think, but even they
are more conservative in overturning jury verdicts than they have been
in the past. I will follow it and find out.
I enjoy the ideas behind it. The outcome won't affect my behavior. Might
it affect yours?
As far as your involvement?.....lol, please. Was that the sound of a
hollow chest thumb I heard?
But thanks for the link. It was interesting.
Fred Doyle
richard
Ever heard of the movie/book "Revenge of Bertha T"??
In which a rather nerdy and heavyset girl was seduced and then taunted
by her numeorous nemesis? She fought back and wound up "killing" her
taunters in various ways that she would never be charged for.
The movie version was most interesting.
In this Lori Drew case, the federal agents used a rarely used computer
based law to force Ms. Drew into court and pay for her so called
actions. My question is, who is it that decided to kill herself? Was
Ms. Drew present when the girl killed herself?
Now in regards to the law being charged under. Signing up using a
fictitious name is not violating the ToS. How would the service know
it is valid or not? The question is, did Ms. Drew violate the ToS by
"taunting"? What exactly is "taunting?" If she can be charged for
that, I'd say half ot MySpace users could be equally charged.
What we really have here is a case of a couple of federal agents who
were wanting to this gal get hung for her actions any way they could
do it. They applied this law when in fact, the law itself had not been
violated. The only proof that Ms. Drew is possibly guilty of the
postings is her own confession. Outside of that, the agents and the
state would have no case.
Then, just how did they track down this gal? Specially when others
were using the same account? Oh let me guess. They used Hollywood
techniques.
I'd like to see those idiots track me down and come knocking on my
door. I'll even give them a head start and give them my IP.
Fred Doyle
>
>
> Ever heard of the movie/book "Revenge of Bertha T"??
> In which a rather nerdy and heavyset girl was seduced and then taunted
> by her numeorous nemesis? She fought back and wound up "killing" her
> taunters in various ways that she would never be charged for.
> The movie version was most interesting.
>
> In this Lori Drew case, the federal agents used a rarely used computer
> based law to force Ms. Drew into court and pay for her so called
> actions. My question is, who is it that decided to kill herself? Was
> Ms. Drew present when the girl killed herself?
>
> Now in regards to the law being charged under. Signing up using a
> fictitious name is not violating the ToS. How would the service know
> it is valid or not? The question is, did Ms. Drew violate the ToS by
> "taunting"? What exactly is "taunting?" If she can be charged for
> that, I'd say half ot MySpace users could be equally charged.
>
> What we really have here is a case of a couple of federal agents who
> were wanting to this gal get hung for her actions any way they could
> do it.
I think what you have hear is a public that was outraged by what
happened and prosecutors who really didn't understand the medium who
felt they had to do something because of the outrage.
Remember how the news jumped all over this story, and at least from my
perspective, the general public reaction was along the lines of
"something must be done." That's why the "federal agents" wanted to hang
her any way they could. It was the public that drove it IMHO.
> They applied this law when in fact, the law itself had not been
> violated.
Hmmm well, that's a pretty broad statement and they jury didn't agree.
Its now up to the courts to determine if the jury's decision about
whether the law was violated or not was correct.
> The only proof that Ms. Drew is possibly guilty of the
> postings is her own confession. Outside of that, the agents and the
> state would have no case.
>
> Then, just how did they track down this gal? Specially when others
> were using the same account? Oh let me guess. They used Hollywood
> techniques.
>
> I'd like to see those idiots track me down and come knocking on my
> door. I'll even give them a head start and give them my IP.
>
>
I'm not sure that's a good idea if they REALLY want you because of
public pressure. But hey, maybe you're right. It's just that the
risk/reward of that statement is out of balance. Think of what the Drew
case has cost that woman to date, even just in lawyers fees. Remember,
that is often the tactic if the case is dodgy. They cost you so much you
have to settle, and you don't want a Public Defender in a case like that.
Fred Doyle
Onideus Mad Hatter
wrote:
Only someone as stupid as Jethro here could possibly follow this line
of logic. I mean, fucking hello, why the hell would she need a public
defender when every other high priced lawyer is no doubt falling all
over themselves for the chance to represent her? I mean this is
landmark shit here, this is fucking INTERNET HISTORY in the
making...fuck the book rights alone are worth MILLIONS, ya fuckin
retard.
Fred Doyle
Jethro, that 6th grade education is failing you. Go back and read the
whole thing, both posts, and slowly. Move your lips if you need to. Use
markers to help you follow the thread if necessary..
Now, who would the PD be for? Here's a clue. It not a "she."
Fred Doyle
Onideus Mad Hatter
wrote:
>Je<WHACK>
No one wants to hear the opinion of an idiot, Jethro. Just keep your
idiot mouth shut until someone asks you to contribute. In the mean
time see if you can't stop picking your nose all the time...at least
in public.
whoisthat...@hotmail.com
productions.net> wrote:
> No one wants to hear the opinion of an idiot, Jethro.
Damn, Matthew. Not only does your "portfolio" lack creativity, but you
have to copy Fred's.
Drew
Fred Doyle
>
> No one wants to hear the opinion of an idiot, Jethro. Just keep your
> idiot mouth shut until someone asks you to contribute. In the mean
> time see if you can't stop picking your nose all the time...at least
> in public.
>
LOL, great retort, Jethro.
Fred Doyle
Fred Doyle
Aww, I struck a nerve with the boy. Now he needs to "get back at me,"
the very thing he accused me of. What's the definition of projection?
Fred Doyle
Onideus Mad Hatter
whoisthat...@hotmail.com wrote:
>On Feb 9, 3:04 pm, Onideus Mad Hatter <use...@backwater-
>productions.net> wrote:
>
>> No one wants to hear the opinion of an idiot, Jethro.
>
>Da<COCK SLAP>
And here's Drew, sucking my cock as usual. She sure does love that
cock!
--
Onideus Mad Hatter
mhm ą x ą
Onideus Mad Hatter
wrote:
>Onideus Mad Hatter wrote:
>
>>
>> No one wants to hear the opinion of an idiot, Jethro. Just keep your
>> idiot mouth shut until someone asks you to contribute. In the mean
>> time see if you can't stop picking your nose all the time...at least
>> in public.
>>
>
>LO<WHACK>
I'm sorry Jethro, what was that?
--
Onideus Mad Hatter
mhm ą x ą
Onideus Mad Hatter
wrote:
>Aw<WHACK>
No one wants to see you and Drew slurping each other's asses, Jethro,
trust me on this.
stermen
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