Category Archives: NotYourShield

Sargon v Pless – My Legal Opinion

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Margaret Pless (@Idlediletante) has posted a blog accusing Sargon of Akkad of “flabbergasting” copyright infringement. As the Witchfinder did his (4.5K word) GDL final coursework on internet copyright law (and passed), your author decided to analyse her claims. Her most recent article, “Specific Instances of Copyright Infringement by Sargon of Akkad – A Database Approach” is here.

[Disclaimer 22/08/2015] This article is meant as commentary on current events and should not be relied upon as legal advice.

SargonStill

A one frame still from Sargon of Akkad’s 12 minute video, “Old Man Yells at #GamerGate” here – https://www.youtube.com/watch?v=WwsPai-0Ov8 , used to illustrate criticism or review pursuant to s30 Copyright, Designs and Patents Act 1988

Firstly, I do not want to be mean to Margaret Pless. I actually quite like her. She is a wildly overzealous leftist who often … goes a bit far – just like me at her age. However she is mistaken on her copyright law so I thought I would post this commentary on her recent article. I am secretly hoping that in the fullness of time move to the right. That process however, usually takes years.

In the meantime, I am going to analyse her most recent article –

“Sargon of Akkad is well known for his reliance on heavily sampling video from other sources to make his shows. The justification seems to be that because Sargon hasn’t sought permission to use these videos, his work must qualify as fair use“

Sorry. Basic legal error. ‘Fair Use’ does not exist in English law. Sargon lives in England. Both UK and US law give effect to the Berne Convention for the Protection of Literary and Artistic Works, signed in 1886. However, they are not identical.

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Epic Gjoni Win – Zoe Quinn Files to Vacate Restraining Order Against Gjoni

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MassachusettsAppealCourtDocket

Gjoni wins. Picture screenshot from Massachusetts public online Court docket system 18-08-2015.

From time to time, as a pro-bono McKenzie Friend here in the UK, I have helped appellants have restraining orders removed. In UK civil procedure, appeals require permission followed by a substantive hearing. Often, where a case is doomed, likely to be excessively costly or embarrassing, a party will cave in. It looks like Zoe Quinn (also known as Chelsea van Valkenburg) did just that on 07/08/2015.

I personally find this incredibly annoying, but when the other side caves in, I am usually forced to advise my client to sip it up because that is in their best interests. What we normally do is negotiate what we want in the form of a consent order in return for letting the other side off without applying for costs against them.

It is theoretically possible to proceed to a hearing for judgement anyway but normally the client is better off just taking the surrender, getting it worded the way they want and avoiding the aggravation and expense of going to a full hearing. It does sometimes happen especially when a public body wants the law clarified but with private clients it is incredibly rare. Continue reading →

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Vicious Racist Murders and Paedophile Rape ‘on an industrial scale’ – the British Tragedies that Prove GitHub’s Amy Palamountain (and Anita Sarkeesian) Horribly Wrong on ‘Reverse Racism’

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RossAndrewParkerCrematoriumPlaque

Anita Sarkeesian says that “reverse racism” is a “myth”. Amy Palamountain calls it, “erasure”. Tell that to the family of Ross Andrew Parker, whose life was subject to “erasure” in a killing which even the Guardian called, “racist”. Picture by Wikipedia user ‘Shakehandsman’, released under CC-BY-SA 3.0 – attribution and license linked here.

Recently GitHub provoked a storm of protest after staffer Amy Palamountain amended a proposed ‘Open Code of Conduct’ such that complaints of harassment arising from ‘reverse-isms’ such as ‘reverse racism’ would not be acted upon. Palamountain is on record as saying, “[…] The intent is deliberate, and I strongly disagree it should be altered to be more lenient to privileged groups […]”. Recent British examples illuminate the terrible folly of that statement.

In my previous article I set out potential legal problems with the TODOGroup Code of Conduct. In this article I want to address the moral and policy arguments around the extreme left belief that ‘reverse racism’ does not exist and cannot do harm. I found this exceptionally offensive as a person living in post-Rotherham Britain.

Consider this extract –

“Racism was once defined as ‘prejudice plus power’ – […] However, the ‘racist murders’ of Kriss Donald in Glasgow in 2004 and Ross Parker in Peterborough in 2001, young white men killed by Asians, demonstrate how society has been forced to redefine racism”.

Is this a Conservative website? A right-wing blog? Nope. I am quoting the BBC (archive here). The brutal killing, in which a 17 year old called Ross Andrew Parker was beaten with a hammer, stabbed and kicked to death before being left in a pool of his own blood caught national news in the UK for its violence and the explicitly racist motives of the killers.

The ideas espoused by controversial activists such as Anita Sarkeesian when she says that “sexism is prejudice + power” (archive here) or when she talks of the “myth” of “reverse racism” (archive here) are ideas that even the BBC admitted were horribly, tragically wrong nearly 10 years ago. The Guardian agreed – no weaselling about ‘reverse-isms’ they called it a ‘racist killing’ (archive here).

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Donation Fund Accounts

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As the claim against the Block Bot has ended the remaining money from the donation fund needs to be accounted for and put to proper use. The original request for funds said it would be used to support a KiA London meet. I wondered if the funds could be relocated to the meet up in Birmingham, another city in the UK but it has been pointed out this is not possible because when I originally asked for donations I specified London. Accordingly I am donating £50 of my own money to GGinBrum. The accounts from the funding campaign can be applied to the next London meetup.

CR DR Balance
Donations £285.00 £285.00
Go Fund Me Fees £23.09 £261.91
Court Issue Fee £60.00 £201.91
Available Funds £201.91
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GitHub Atom Project Drops Open Code of Conduct, Switches to User Contributor Covenant 1/2/0

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Just a quick update. Since my previous article about the TODO Group Open Code of Conduct and its bizarre, extremist left wing content, the GIT Atom project has switched to the Contributor Covenant.

I am quite happy with this. The document is much shorter but reflects reasonable professional expectations. It roughly corresponds with UK and EU law. I am not against inclusion and I think Open Source should have rules.

The document should probably add political belief as a protected characteristic to fully meet the standards of EU law but aside from that it is a vast improvement. A problem with the OCoC is that in the EU even extremist political beliefs are protected. That might trouble some – but in fact it is a good thing because what is considered extreme may … vary … especially if leftists are in charge.

If the extreme right wing is protected by EU law then a moderate consumer movement like GamerGate is also likely to be covered.

 

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Despite Legal Threats, GitHub Staff Kindly Grant Licenses to Use Their Photos (Thanks Y’all!)

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LicensePicture

A screenshot of a Creative Commons 2.0 License allowing commercial usage with attribution.

Yesterday, your author revealed that GitHub objected to a forthcoming article about controversial passages added by staffer Amy Palamountain in the new TODO Group Open Code of Conduct.

GitHub ‘legal’ told me that usage of photos of their staff from their website would be an unlawful breach of Copyright. I considered their complaints respectfully and determined that could be a problem. UK Copyright law now has very similar exceptions to US Fair Use. It is called ‘Fair Dealing’ – but there is no exception to use photographs for news reporting.

What to do?

  • Use the photos anyway? X Too risky, could be validly sued
  • Photoshop a black armband onto Amy Palamountain and call it a parody? X Clumsy
  • If only, … somehow, I could get them to give me a valid, irrevocable legal license? ✅ YES!

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Imposter?

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The Witchfinder notes some inconsistencies in Wikipedia Administrator Shii‘s statements about his age, and some details about his editing history. Your Inquisitor asks – How old is Shii really? And who is he? This is a brief skit about Shii – there is another much longer exposé about other Wikipedians to come in due course.

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Ashi Baka’s age here in this edit made on 10/10/2002 is inconsistent with his later claim to be 17 in 2006. Click for full size.

The BBC3 television show, ‘Monkey Dust’ was a dark, cartoon, comedy sketch show featuring a recurring ensemble cast of characters. One of them, a sinister looking, elderly man known as ‘chatroom pervert’, was an incompetent predator who attempted to meet children online by posing as a 12 year old boy called Benji.

The chatroom pervert regularly failed due to obvious bodges such as (for example) correcting a child’s grammar or by revealing he could not possibly be the age he claimed (by remarking he had been in London during WW2). When dealing with questionable characters online my mind often turns to this sketch and its black, observational comedy.

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Paedophiles of Wikipedia

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The Witchfinder reveals how Wikipedia’s lax policies and laxer enforcement, from the project’s beginning to the present day, create opportunities for paedophiles, their apologists and other sinister denizens of the internet. Questionable characters, even one admitted contact offender, have been allowed to hold administrator roles. Matthew Hopkins News calls on Jimmy Wales to show leadership on the issue or risk being tarnished himself.

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Do parents know what sinister forces may be reaching for their children when they visit Wikipedia? Laptop and tentacles image via Dreamstime. Wikipedia logo via CC BY-SA 3.0 and Policy

Modern users of Wikipedia may be unfamiliar with its murky history, for example the appalling and enlightening 2006 ArbCom case entitled, “Pedophilia userbox wheel war” (Archive here). What is a ‘wheel war’?

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Vindicator – BBC in Humiliating Apology to Grant Shapps MP as Clouds Gather Around Wikipedia

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Following recent ArbCom findings exonerating Grant Shapps the BBC has apologised over its lacklustre coverage. Furthermore, the Witchfinder can exclusively reveal that Shapps has now written to Wikipedia’s UK chapter, the charity Wikimedia United Kingdom (WMUK), formally demanding disclosure of documents and expressing concerns about the charity’s political involvement. At the same time, a number of other powerful institutions are expressing frustration over legitimate concerns about bias, harassment and ineptitude at the encylopaedia.

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Ominous clouds are gathering around the embattled online encyclopaedia as powerful and aggrieved individuals and institutions queue up to vent their frustrations. Clouds picture via Dreamstime. Wikipedia logo via CC BY-SA 3.0 and Wikipedia Trademark Policy

The BBC, which spent a whole day on Grant Shapps’ alleged editing of Wikipedia, was curiously less forthcoming on apologising – leaving Shapps with legitimate complaint. It is a foolish move for an institution whose very existence is under threat to alienate its few allies. Shapps, now the Minister of State for International Development, is one of the minority of Conservatives who does not favour the BBC’s abolition.

Mr Shapps is also not the only public figure with grievances about the online encyclopaedia, Wikipedia. He finds himself in company with left-wing journalist David Auerbach, right-wing media organisation Breitbart and the enormous consumer movement known as #GamerGate – one of whose forums KotakuInAction alone now boasts over 40,000 members and whose key figures like SargonOfAkkad have hundreds of thousands of followers.

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Wikipedia Brass Helpfully Engage On Reddit

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Just a quick note. A few days ago we announced /r/TheGGGreatWork/ . This is intended to give us a more positive relationship with Wikipedia.

The problems between /r/KotakuInAction/, #GamerGate supporters and Wikipedia have been significant. On one side there is a legitimate complaint about the Wikipedia GamerGate article. On the other there are complaints about relatively clumsy socking and editing attempts.

After I announced /r/TheGGGreatWork/ . I was pleased to see a visit from Wikipedia founder Jimmy Wales, as well as a couple of Wikipedia administrators, such as Jehochman. Far from demanding we close the subreddit, Mr Wales requested two fairly modest text amendments which we agreed to.

Having done so, we seem to be in compliance with the rules and it looks like the project is good to go with the knowledge of Wikipedia brass. Bear in mind, Jimmy Wales shares one thing with GamerGate which is that the same people are unfairly accusing him as us. The most contentious editor of Wikipedia on this topic is Mark Bernstein, having tried to link GamerGate to the Charleston shootings. However, he has also gone for Jimmy Wales and trashed the whole of ArbCom.

Wales has been thoughtful and sought to engage with us. He could have said, “The GamerGate Controversy Article is a Scholarly Masterpiece of Impartiality.” Instead he has repeatedly suggested we, or even other Wikipedia members, re-write the article. He could have said, “Ban the evil GamerGators”. Instead he came to talk to us.

Two days ago he said, “Carrite, as an experienced Wikipedian, you might be well-placed to try to do that rewrite, probably starting in your own userspace. I, for one, would be very interested to read and compare the two versions.–Jimbo Wales (talk) 20:24, 22 June 2015 (UTC)”

I for one think we should engage. I would repeat my invitation to KiA members to join /r/TheGGGreatWork/. It also looks like some of our opponents may be trying to brigade and downvote the main thread whilst the subreddit is still small, which in itself points to the potential of this project.

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