***This entry was transferred from The 2nd V Decision Tree due to its content being more relevant to the 4th compared to the 2nd. This was originally published January 23, 2012 entitled "One Teeny Tiny Little Issue With the MegaUpload Challenge."***
Since I know my writings have a reputation for receiving the TL,DR (Too
Long, Didn't Read) stamp, I feel it important to take expand the title
by first disclosing I have put one teeny tiny little issue with the
MegaUpload Challenge somewhere within this teeny tiny post, although
even I'm not exactly sure where it's at. I wrote so many notes for this
blog, I had to split the content into five separate parts.
Okay.
I am originally from the State of Illinois. Most recently, the nation
was given a glimpse into one of the more legendary legal landmarks for
Illinois, that of a guilty verdict being passed down upon former
Governor Rod Blagojevich. Mixed reviews still remain a point of
contention amongst those who choose to banter about such topics,
including questions surrounding how he was elected not just once, but
twice.
It is this kind of colorful, rich and diverse history of
humanity that has been generated from within the pen-drawn boundaries
representing Illinois on a map that, at least for myself, these books
and stories continue to provide rhyme and reason to remember that just
because something (or someone) has been endorsed by a member of any
community does not mean such an endorsement is untouchable and
impervious to impeachment.
Hence, my own teeny tiny paper tiger
trail with virtually no knowledge of the evidence behind the lawsuit
published and available in an online format. This doesn't mean I
haven't absorbed a great deal of unadulterated comment and conversation,
rather there are other parallels above and beyond worth risking a
little emotional heat being directed towards a suggestion I will make a
little further on in the content.
In the meantime, Governor
George Ryan and Governor Scott Walker are two more names that come to
mind in terms of a guilty verdict being on the books and yet this is the
same state that has been host to one of its favorite adopted sons,
Abraham Lincoln. Illinois records have a dash of Capone and a dose of
Dillinger, along with long lists of protest upon protest for a variety
of rights-related conflicts. ..most not performed in a courtroom setting
and not designed for a judicial audience.
It's a state that has
mandatory mental health screening being paid for by taxpayers to take a
quick statistical sample from the youth of the state as to what their
"mental health state" is when they are sat in front of a computer and
asked a series of yes or no questions, while no clear recall mechanisms
exist at the state level, let alone a local level.
It still
feels like there is virtually no one other than myself demanding these
leaders to take the same tests the children in their community's are
being demanded to take through legal mandate and I know there have been
legal cases in other state's challenging the law, such as Illinois'
neighbor to the right.
In fact, if you ever wonder where people end up
extrapolating statistics such as "X number of people currently are
undiagnosed for ADD or ODD and need medical treatment," don't doubt for a
moment these mandatory mental health screening scores are being added
to the mix, along with all of the gaming stats being generated, etc.
And
whether a pill or a pillow will "cure" the ADD or ODD statistical
percentages showing up in reports, papers and marketing materials,
Illinois continues to make movements towards shifting those with a label
of reduced mental capacity to integrate these individuals into a more
community-like setting while closing down the dedicated facilities
designed at least on paper to employee individuals who went through a
school system long enough and well enough to have a chance to make at
least a living, if not a life-time career delivering what outsiders
could reasonably classify as quality care.
What this shift of
American citizens will do emotionally to stock-holders in this
particular industry is anyone's guess, but I still haven't forgotten
what appeared to be raw feelings between government and the private
sector in another state when government decided not to privatize the
mental health community combined with awareness of how some patient's
are more manufactured by the medical community rather than any real
wiring issue of a biological and/or emotional circumstance.
Yes,
no matter what the online stats might reflect at any given time, it has
been my experience that Illinoisian's have never shied away from hot and
heavy debates surrounding virtually any topic, trial or tribulation.
Battles, battles and more battles. You want to see a copy of a
municipal code book? Get ready for a possible battle. You want to see a
copy of an invoice or contract? Gear up for a long one and not
necessarily a cool one, either. You want to see a copy of board meeting
minutes for the past 3 years? Get ready to take on the colors of being
a true enemy of Government. My once again tossing out my pill versus
pillow demonstration online? I don't even have to be living in Illinois
any more to effect at least a sigh from a few readers already sick and
tired of being reminded that being tired is not always a signal someone
is sick and in need of immediate medical interference and influence
before any other option is considered.
But to those who are
unfamiliar with my hand-crafted, keyboard enhanced contributions over
the past 15 years or so, how does someone explain their own decision
tree and how it works to an outsider is a topic well-familiar to those
who have had direct exposure to the mental health instruction manuals
floating around in their various versions.
(continued from Part II) So why I would find such a strong attachment to
this latest effort to challenge an online structure on a legal versus
illegal foundation all goes back to being so exposed to events in the
history of the state of Illinois?
Just because a group of
entertainers are associated with a group of business people, the product
must therefore be nothing but credible and any assault upon the
character of the product and the people backing the product is just
plain nuts. The music industry is not perfect by any means and payola
shifting to Independent Whatever's and promotional items having the
stamp of a brand or two explaining away the transference of a walkman or
even a coffee mug. Super-Pac. 'Nuff said, right?
After all,
what could MegaUpload possibly have done to draw the ire of the Big G
(not Google mind you, but the Government Big G association) with such
public endorsements of the service, right?
With the SEC bringing
about what at least on the surface appear to be house-keeping actions
against the upper echelon of the private investment sector, why
shouldn't the Fed's have equal opportunity to demand of someone to
explain the existence of evidence...assuming the evidence isn't designed
with a fix in mind.
This case will not decide the fate of the
Internet as many are blowing it up to be, no matter how many Denial of
Service attacks are launched in protest. The DNS assaults only adds
another reason in the PIPA/SOPA/OPEN breadcrumb trail Congress continues
to leave behind in a written format for a public forum to view as to
whether or not such legislation is really necessary to reign in absurd
levels of abuse of public trust being imposed by a relative few in many
settings, which is what the MegaUpload case represents.
This
case will provide another opportunity to determine what commercial
practices are entirely against the grain of proprietary and proper means
and method to attract both free and paid contributions of materials no
one from a typical end-user side can ever know how exactly such
materials are being bought and sold, let alone traded or stolen.
The
yelping and kvetching of the more influential voices with the word
"entertainment" somehow attached to their resume also detracts from what
the MegaUpload case represents compared to this continued effort for
Congress to attempt to hone in further on key buzz words to keep the
buzz up and about as to how an ordinary person is to discern the
copyright of a digital work, let alone how to read such a stamp. If
people were busy reporting evidence to the MegaUpload organization about
potential copyright violations, they are no more immune to the legal
system than YouTube is, let alone the recent Universal Music
Group/YouTube contribution to the legal books.
Who has been
playing who in a MegaUpload context may have some major players
associated with the current set of circumstances, but Governor Walker,
Governor Ryan and Governor Blagojevich were also once considered major
players and people associated to them were inescapably colored by the
choices of these individuals intermixed with their own choices.
(continued from Part III) And yet it ultimately remains up to each
individual to determine if the influence of the Big G crunched an
otherwise viable and rational set of large financial schematics designed
to intentionally stay below standard measurements, such as is available
for review with the following individuals:
Tom Petters - Minneapolis businessman
Kevin Cohen - Attorney Baby Broker schematic
The Tran Organization - Casino-cheating schematic
Kenneth Starr - Accountant to entertainers
Arthur Nadel - stole more than $150 million from 300 people
Marc Dreler - Attorney - hedge fund theft via executive impersonation
Stefan Wilson and Lawrence Salander - Art dealers
Art Williams Jr. - Counterfitter
Alberto Vllar and William Del Blaggio - NHL team purchased with stolen money
Scott Rothstein - Attorney - multi-billion dollar theft
TJX/Albert Gonzales - Hackers
Tri Energy - International diplomat - fraudulent gold deal
Troy A. Titus - Stole millions from vulnerable groups including the sick and the elderly
And
short as that list just was, the online fraud catalog has an even
longer list of potentials, which I'll save for another time and none of
this particular list was the direct fault of someone within Illinois'
boundaries...but the state will still suffer for such acts.
How
you decide to feel about that is up to you, however I could not help
but be disturbed with the volumes upon volumes of demands for
auto-outrage to course through the neuro-networks to somehow make it
clear that any government interference with the unfettered operation of
an organization operating for the clear intent of turning a profit will
be met with nothing but a signal bombardment with an inescapable
political message attached "Don't Trust Them! Trust US! Down with Big
G! Up with MegaUpload." What a racket to rustle up with the muscles of
an artist's heart and soul, their bread and butter, their peaches and
cream, their chocolate and vannila,
I think this is a great
opportunity for Congress to have fair reason to step back even further
from the pads of paper being used to sculpt out even more verbiage that
only continues to confuse the whole rights and responsibilities nature
of someone being a copyright holder and what tools are available to
prevent unauthorized distribution of their materials.
They have
as much of a right to leverage commercially-driven boundaries as the
next business owner and these cries and whines about "Sucks to be you,
Artist. Now shut up and get back to composing because your content
still sucks and isn't worth even a few cents" being inserted into
millions of comment sections while a few manage to squeeze out a "Make
it so it makes sense and maybe we'll see" message being broadcast from
locations across the world that are attached to money-generated linking
schematics.
(continued from Part IV) Because the online community permits everyone
having opportunity to voice their opions (let alone options) I believe
Congress should consider letting the MegaUpload case work its way
through the legal system before beginning to revisit any tinkering the
Big G should impose upon the history books covering the evolution of the
copyright industry in its current setting. Perhaps it is the legal
community that needs to step up not its copyright skillset but its
affilate marketing knowledge and understanding of the mechanics involved
with such a necessary component of permitting someone of my status and
stature to be permitted to not only publish as I see fit, but to also
read and review content until my head hits my keyboard due to
exhaustion...all for the cost of accessing a connection with my hardware
(which is quite old-fashioned and outdated, but I still like it!).
Sure,
my simplification of the financial cost of such a broadcast in terms of
my ability to broadcast freely might cause some to shudder with dread,
however the cost of publishing something to the Internet has its own set
self-evident responses/results that continue to be absent from the
PIPA/SOPA/OPEN path. There are far more symptoms of ailment available
in the lawsuit as talking points needing to be addressed than in the
current set of notes for proposed legislation.
I can't ignore
this view of more legislated permission for private enforcement
organizations to receive Official Deputy of Speech status and the
subsequent authority to impose a far more pervasive and powerful verdict
upon someone, which is derived from the multiple stigmas attached to
someone being banned from an online setting, let alone in trouble with
The Law.
Just visit a forum or two and see what kinds of
conversations transpire regarding the appearance of a negative comment,
going back to the "You suck as an artist" quote I left somewhere back
towards the beginning of this contemplation. I don't see how more laws
are going to help individuals better attach themselves to process and
procedure when violence is being shown on the Internet any more than
someone getting the boot from an affiliate marketing system like AdSense
for having more than the permissible number of sightings of
advertisements that in some ways represent hope and possibilities beyond
our wildest imaginations. Just think! How many people have improved
their health because they spent time reading materials available for
free in an online setting? That's a a good thing and something worth
fighting for, but does it really need more words to be added at a
Federal level?
The MegaUploads lawsuit is falling under a
different set of measurements that just so happen to include cyberlocker
copyright issues and I think it would do members of Congress a bit of
good if they gave the lawyers involved in this case a little room to
pull their paperwork together so the best presentations can be put
forth. It may not have the potential for fireworks as a Congressional
Hearing can promise, but if MegaUpload leaders have done no legal wrong,
hopefully they will have legal counsel capable of putting a quick end
to this suit through short and sweet evidence brought before a judge in a
courtroom setting so that such a conclusion can be reached using
existing laws as the foundation for the fraud allegations.
Don't
forget. If the Fed's actually "goofed" in some way, there's always the
option in the next chapter of MegaUpload to return to its cyberlocker
activities with the support and sympathy of a much wider audience it
would have never otherwise reached in defending the rights of one and
all cyberlocker providers against The Big G.
This issue should have an interesting, if not surprising turn out of
expression for and against and it's just another hurry up and wait
moment sitting in the Queues of Justice.
Happy Monday!