#she is NOT rampant you CANNOT prove that in a COURT of LAW

[vinylwitch-art]

Did this as a wind down from comic work. This was a blast to do : D

[throwitawayokay]

Predators around every corner

This is confusing. A lot of your favorite fandom creators, out of nowhere, are being accused of endangering minors and others for making nsfw content or following/being-friends-with people who do; that is a serious claim, and a frightening one, and no one would say such a thing if they weren’t 100% sure they were correct about it, right? After all, to say something about someone is an awful thing to say, and needs proof and reason, or else it is libel and grounds for a defamation lawsuit and would, morally, be an absolutely terrible thing to accuse a person of if it was not true.

Obviously, they must have reason. Obviously, these accusations are founded and must eventually prove to be true, even if they cannot now, or maybe they can, maybe the accusations would hold up in a court of law, but for some reason the same people making these accusations... won’t come out directly and accuse these people and don’t have any evidence besides what they ‘think’ this other person is thinking.

Someone has made an argument, somewhere, that writing nsfw of aged up minor characters in atla is predatory behavior and endangering to minors. Is it?

1. Is it legal?

   Easy answer, yes. It’s legal. By definition it is smut of adult characters, regardless of where it originates. None of it is on tumblr, where it would not be allowed, but instead on a web site where it is clearly tagged and behind an age limit. In fact, this argument would be laughed out of court. Because no law is protecting the nsfw depictions of fictional characters, who are not real, regardless of age, besides potentially copyright.

If the stories are about underage fictional characters? It still, at least by USofA law, still not illegal. Yes. That’s correct. Stories depicting underage fictional characters in sexual situations does not follow under the definition of child porn and is allowed in publication and law. To see proof of that, besides reading the actual law which you are free to do, simply note the fact that Stephen King’s It is not only still in print but recently had two film adaptations.

So that, would in fact, be allowed; however what is being called into question is depicting adult fictional characters in nsfw situations. A completely different thing that is, actually, very different from the other. But, to simply answer the question of legality, it’s all legal.

2. When is it endangering to minors?

   This content can, in fact, be endangering to minors when they are exposed to it either without warning, in a search, or if they are sent this content by another person. Ways that this could happen are if nsfw images appear google searches (where such content can be reported and taken down) or if nsfw writing is not properly tagged or accompanied by archive warnings (posted on ffnet for example or not properly rated on ao3). If this is happening, it is a good idea to go to the website to report it properly, or have someone contact the artist/author about the lack of tagging - the content itself is irregardless, the problem that exists here is the lack of warning.

Nsfw art is also not allowed by the tumblr guidelines; feel free to report it if seen. Please, however, take a step back to remember than an image of a person in their underwear is not, in fact, pornography. If you’ve ever walked past a billboard for a clothing company or seen a Victoria’s Secret catalogue you should know this. There is, in fact, an actual parameter for what sets apart sfw and nsfw.

If this content, however, has been properly tagged and is behind a proper age limit, with warnings and the like, it is not endangering toward minors. Clicking on a nsfw art or writing with clear warnings for what it is does not make the creator of that content responsible; a porn star is not responsible for endangering minors if a minor answers falsely to a website agreement stating they are 18 and views their content. The responsibility lies with the minor as well as the guardians of that minor for not teaching them how to responsibly search the internet and recognize what they should or should not be viewing.

If you are not mature enough to recognize this, you should not be online.

3. But I disagree?

   You are within your rights to have a difference of opinion or feel uncomfortable if a person posts links to their nsfw content, or mentions that they make nsfw content. In fact, nsfw content makes many people uncomfortable. There are many ways to avoid seeing this.

First, go to the filter on your blog and filter all nsfw related tags you can think of, some starting points I would suggest are: nsfw, nsfw tw, nsfw mention, adult content, adult content tw, adult content mention (feel free to keep going, be as thorough as makes you comfortable). Next, block the blogs you do not personally like; feel free to block as many blogs, for any reason, that you like. This is absolutely fine and no explanation is needed. If you feel uncomfortable having your blog followed by any adults at all, you can also take steps to make the blog unsearchable and only follow as few people as you like.

What you should not do is harass people for making content that you personally do not like. This includes nsfw content. Making such incredibly serious claims as to state someone is a predator who endangers minors for making nsfw content in your fandom is unfounded, dangerous, and entirely irresponsible. Adults participating in this rhetoric need to take a very good look at themselves, and minors who have been experiencing anxiety as a result of this claim, I am very sorry.

4. What was the aunt-suki thing?

   Where did this whole thing start? No one was making this point only a few months ago, did it just pop up out of nowhere?

^ this blog, since deleted [also goes formerly by tumble-dump (nowlil-baby-man) as well as jetru(deleted) safe-for-atla, and dennis-quaid] spearheaded this opinion after accusing one of the largest creators in the fandom, an adult poc, of endangering minors for an image posted to tumblr with possible suggestive themes (Tumblr does not allow nsfw art, it was not nsfw). Aunt-Suki is a 23 year old, self-described “titanium white” woman. She stated directly that anyone who posted nsfw content behind age limit barriers was predatory and that nsfw artwork of atla characters was rampant on this website without evidence.

After curating a blocklist, and admittedly receiving hate for doing so (despite oddly enough asking for anon hate on several occasions) aunt-suki did in fact create a first draft blocklist including fandom creators who make nsfw content, who are follow or are friends with those who make nsfw content despite not doing it themselves, and people who specifically asked her to be on the blocklist. This, in itself, was fine. A list of creators making nsfw content could, in fact, be helpful and good for those who do not want to see such content to have a handy resource of who to block and avoid. Unfortunately, the rhetoric of “they are all predators” was something aunt-suki fostered and continued to repeat, getting a lot of people to also feel the same way. This invited harassment, much of which directly done and targeted at others by aunt-suki. She repeatedly stated on her blog ‘I am safe, no one else is unless I say so, in order to keep yourself safe you must ask me who is bad [paraphrase, not direct quote]’ insisting that anyone who wished to know who was a predator on the website had to privately DM her for the information. Aunt-Suki used this to gain followers of minors and to specifically foster friendships with them.

We know this because aunt-suki made a post exposing herself. An anon asked her to defend the way she interacted with minors and she defended herself with phrases such as “I love kids so much more than grown ups”[quote], stating she runs a server of 13+ wlw and they all “care a lot about each other”; she also admitted she takes it upon herself to “expose kids to [heavy topics]” including race, sexism, queer issues, mental health, politics, etc. Aunt-Suki is not a trained professional for these issues and admits in the same post that she does not understand there could be any difference in power dynamics between her and these teenagers.

In addition, while defending these close relationships with minors that she specifically admits to reaching out for, Aunt-Suki also divulged her past at 18 years old of saying the n-word (excused by explaining she has a black friend); saying that this is the reason why she should, as a 23 year old white adult, be allowed to discuss “heavy topics” with minors.

This most certainly calls into question the fact that it was, with one exception, non-white creators that aunt-suki chose to publicly call out by name.

After being asked to defend herself for these actions she admitted to, Aunt-Suki deleted her blog but has continued to go online on her others blogs and discords, dm’ing others and making posts accusing people who called her out of being predators, asking for sympathy, blaming her actions on her adhd, and refusing to answer any of the messages sent to her. Other large creators have made posts about this, very rarely using her name to allow her some anonymity or time to explain her actions which she has not done. She choose instead to send anonymous messages further accusing these creators.

5. Why did you tell me that?

   This directly illustrates the problem with presenting an issue such as nsfw art/writing in the fandom without pointing out why others might disagree with it; and jumping past logic to decry those who don’t agree with extremely serious accusations. Someone with actual ill (or misguided) attentions may take advantage, deliberately isolating minors and portraying themselves as ‘good and safe’ while slowly whittling down who the minors can and cannot follow until no one able to call them out when they are the one participating in actual behavior that is inappropriate to minors.

6. I still don’t agree with the first points.

   That’s fine. Please call out actual predators if you see them. Do not, however, do so without any evidence or for reasons that simply are not, and never would be, considered basis for doing so in any legal or reasonable capacity.

[modernart2012]

I’m Friends with the (Monster)

@sumigakure Halloween Event 2017

Prompt 10: Normal Person meets Someone and finds out they’re a Monster

Word Count: 2107

Rating: T (for safety)

WARNING SPOILER FOR A WIP THAT INFLUENCES THIS FIC HEAVILY. IF YOU DON’T WANT THAT FIC SPOILED, SKIP THIS FIC.

On AO3

“Obito, you cannot be serious right now.” Rin sighs exasperated. “If this is the sign you're turning into Dr. Uchiha, tell me now so I can go get Shisui to do a refresher on ‘Normal Human Interaction 101’.”

Obito whips his head around from where he was stealthily peeking around the edge of the Uzumaki Special Collection Library, “Rin, there is absolutely something weird about Bakashi! Who else is that young and -and - aloof at University? This is the most prestigious University in the Elemental Nations and he’s walking around like he’s the greatest thing here!” He pauses and continues, “Also, Unce Kagami made that PowerPoint presentation you know.”

Rin boggles, but ignores that tidbit of information. “Kakashi is Dr. Benzaiten’s stepson. He’s a genius, and has probably spent enough time on campus to be comfortable. And even if he’s a little odd, well, he’s traveled all over and then some besides, he’s probably an amalgamation of different cultural norms.” She checks the time on her phone, “Look, I need to head to class. Dr. Senju and Dr. Kato are really strict about attendance at practicals; I’ll catch up with you later. Don’t get arrested, Chief Uchiha will flambe you alive and then Dean Senju will completely erase your existence from the space-time continuum.”

At the mention of his guardians, Obito has to pause to consider Rin’s point. Uncle Madara and Uncle Tobirama were both excellent parental figures, if easily distractible, but they often disapproved of any Uncle Kagami-esque shenanigans. Supposedly there was an International Incident involved, at least once, but Obito didn’t believe the University would give a PhD and then hire someone who caused such rampant mayhem even if the mayhem was in the name of Experimental and Theoretical Magic. It didn't matter, there was definitely something weird about Bakashi. And Obito was going to prove it!

Maybe. He’s got about an hour until his class with Professor Namikaze, and that’s his favorite class. He doesn’t want to be late. He goes back to nonchalantly trailing after Bakashi, who seems to be looking at nothing and eating through his mask. Which, why does he even have a mask that only covers the lower half of his face? The excuse of, “Protecting your mucus membranes from the elements is essential to proper health,” seems like a blatant lie, but Obito doesn’t know or want to know about what goes on in niche fitness nut circles to call Bakashi on it. And that asshole tries to tell Obito his (true! Verifiably true!) explanations for his tardiness are bullshit. Obito would like to call hypocrisy, thank you very much.

Bakashi is halfway through walking the Forest Quad Loop, after stopping a bajillion times to touch random knots of wood, or pet moss, or crunch leaves, or sniff a rock - at which point Obito had to seriously consider that Bakashi was onto him and just fucking around to mess with him - when a massive white wolf comes crashing through the forest. Obito is about to shriek in horror, because oh Fire God’s Eternal Flame Bakashi is gonna be eaten, when a terrifyingly strong hand clamps over his mouth.

It’s long - too long for anything natural - and scaled. Scaled like a pit viper from Kaze no Kuni. Which, since Obito has checked as part of his law courses, are non-native to any part of Hi no Kuni and illegal to import. There were rumors of Dr. Benzaiten having weird questionably-ethical experiments with human subjects and genetics and magic, but that was into ... regeneration? Can snakes regenerate body parts?  Or is this an escaped prisoner with a weird magic trying to take revenge on Kakashi because Colonel Hatake is part of the Rangers of the Hi no Kuni military and killed someone important to this person? The Army Rangers do do a lot of high profile and clandestine stuff, it’s not outside the realm of possibility....

“What are you doing following the Princeling, mortal?” Princeling? Who? Bakashi? Maybe he is part of a LARP group? Well, he seems the type.

“I didn't realize people LARP’d on weekdays. You know what, I like this answer. This explains everything.” Obito lifts up and ducks under the arm, then shakes the man’s (possibly, the special effects makeup is some of the best Obito’s ever seen) hand vigorously. “Good day sir. I need to get to class.” The man seems astounded, like he's just experienced something impossible. Maybe he thinks Obito is part of the LARP?

Obito thinks everything is going just fine as he heads back towards campus when the LARPer dashes faster than his eyes can track into his way, this time brandishing a knife that outright bristles with barely leashed offensive magic. Something that is powered by the ... power of blood, to drain whomever it cuts of their life and/or bind that person to the wielder's will, if Obito is reading the runes right. “Do you have a permit for that?” It slips out his mouth faster than Obito can think about it.

“What?” Maybe he didn’t hear him clearly?

“That knife. Do you have a permit to carry a magical weapon with a black magic enchantment? Because it’s a felony if you don’t. Unless it’s for ritualistic or religious purposes and therefore covered by religious exemption, in which case you still need a permit, but it’s stamped specially and registered with the government.” There is an objective downside to living with a cop, and it is this: you learn bits and pieces of law that have no real use outside of a government office. Obito didn’t need to know the precise breakdown of the law regarding enchanted weapons or items with aggressive intent before he started studying pre-law.

There’s no light of dawning understanding with this fellow, and Obito suddenly has the sinking suspicion this might not be a LARP when he starts gathering magic like its cotton-wool. People with that level of magic know better than to throw it around in broad daylight without protective barriers up, and as far as Obito can tell there is no protective barrier to stop the blast from affecting any unwitting bystander. Gods all dammit, why does Obito always run into the psychos?

Luckily, there’s no law against carrying an pre-prepared protective barrier, concealed or otherwise. At least there’s a bright side, he’ll be able to tell Prof Kushina if it worked or not. It takes three reflexive handsigns to activate, but it ripples out in a wash of violet beautifully. Just in time, as the scaled man lets loose, and Obito means that quite literally. He’s never seen such a large Air and Earth combo before, slashing winds and jutting earth spikes rising and falling and rising in chaos. He’s buffeted about, but otherwise unharmed.

He’s bracing for the next wave when a voice rings out across the path. “What’s going on?” He glances sideways to find Bakashi and the massive wolf watching.

“Bakashi! Get out of here! This dude’s gone crazy; I don’t know how long this barrier will last.” Dr. Benzaiten would be out for blood if his stepson was even the slightest bit injured, which meant Uncle Tobirama would be displeased, and Uncle Kagami and Uncle Madara and Dr. Sarutobi and Dr. Senju and Dr. Ogata would be mad, and then Professor Namikaze would do his squinty-eyed smile that screamed “justifiable homicide” and then Prof Kushina would be pissed because her boyfriend was in prison which would make Aunt Mito displeased and Uncle Hashirama would end up taking it out on foreign policy decisions leading the whole world into war. Really, it’s in everyone’s best interest Bakashi get away now. At least if it’s only him, then everyone will think there was some sort of accident and there’d be no war, right?

He’s met by a blank and dispassionate stare. The wolf even gives him the same look, and Obito is officially done with everyone giving him that look, okay? Animals shouldn’t even be able to give that look! Where was the justice?! “Uroko, what are you doing to Obito?”

The scaled-man, Uroko, bows deeply, “My apologies, Princeling. This mortal here was covertly following you and I wanted to be sure of his intent. The Lady would be most displeased with me if her grandson was injured on my watch.”

There’s a lot to unpack there, and Obito’s mind leaps from idea to idea faster than he can rightfully track. Kakashi’s ... grandmother, this Lady, was powerful enough, or important enough, that she was having people with rare magical ability protect her grandson. And she’s probably a Queen, if Kakashi is a Princeling. Which meant this ... body guard, probably of a foreign country, given his unfamiliarity with the laws of Hi no Kuni - Tetsu no Kuni, probably, they’re the only place with a monarch and such pale coloration - his only job is to protect Kakashi from threats. Like a stalker. Which, what Obito had been doing was legally stalking. Oh Fire God’s flaming balls, Uncle Madara is going to kill him, then Uncle Tobirama is going to erase his existence for causing an International Incident. Is it too late to beg for mercy? It’s not too late to beg for mercy.

He opens his mouth to apologize, but what comes out instead is, “You’re related to a Queen?!”

Uroko puffs up, proud, “The Young Princeling is the direct grandson of the Fair Lady of the Wild Hunt, Queen Sayaka of the Seelie Court.”

Obito had been following along into that last one. Seelie were only legends, Fae who were supposedly kinder than their Unseelie relatives, or the High Fae who were the cruelest of the lot. There was no way Bakashi would be - except Bakashi is facepalming as if Obito has just been some inconvenient truth, and so is the wolf, which really is much bigger than it actively ought to get in the wild but would be explained by the fact it’s Fae, and - “The mask is to hide something unnatural, isn’t it?”

Bakashi pulls down his mask, revealing a face that is clearly non-human in beauty, then bares a wolfish grin at Obito. And he means that quite literally - that smile is full of wolf teeth. Obito eyes them speculatively, “How do you even make words?” He had no idea Bakashi has a mole by his mouth - does Bakashi even know he usually gets rice grains stuck in the same spot? Or is that coincidence?

Bakashi corrects his mask, scowling. “That’s what you take away from that?”

Obito shrugs, “It’s either that or fleeing screaming into the pond.”

Uroko interjects, “The pond is full of kelpies and kappa.”

Right. Murderous water horses and turtles. Fire God’s balls. “I will not be fleeing into the pond, then. I’ll flee to Uncle Kagami’s office.”

Bakashi raises a skeptical eyebrow, “Can you even make it back down the trod without getting lost?”

His mother had raised him on the old stories, and Uncle Madara had a knack for retelling them in new and interesting ways, so Obito knows what a trod is, and where it leads. And there’s no way he’s anywhere near a trod. “This is the forest bit of Forest Quad. I’m following the loop, there should be no trod anywhere near the loop.”

“Did you not wonder why no one came to investigate the massive amount of magic just now? That amount of magic is usually a sign of impending disaster.” If Bakashi gets any more sassier Obito is going to punch him in the face, bodyguard or no.

“Fire God’s flaming balls.” Obito has managed to follow Bakashi down a hidden path through the Veil Between Worlds into the realms of the Fae. Which would be impressive, but only if he can get back to the human realm without going insane, getting back to about the same time as he left, and avoid being preyed upon by a more Powerful Fae. “Uncle Madara is going to kill me.” If Uncle Madara is even still alive when he gets back; he’s probably just jinxed it and now Uncle Madara is going to live forever. Oh, Twelve Hells.

Bakashi checks his watch, “Look, we’re going to be late for Professor Namikaze’s class at this rate. Let’s go.” He starts walking confidently down the path, in a completely tangential direction to where they came from, were going, or should be headed to return to campus.

Obito checks his own watch and yelps because they really are going to be late at this rate. He speeds after Bakashi, but can’t hold back a grin. Rin is never going to believe this.

[virtualcriminalbackgrounder]

vIrTual Criminal Backgrounder

Jas Mann was arrested by Toronto police on 15th July, 2012 based on a complaint of Criminal Harassment by Jean-Claude Paquette, the owner of www.ddpstudios.com after Mr. Mann sent out a tweet that exposed DDP Studios as a unethical brand that doesn't practice what it preaches. Mr. Paquette is listed as a key PR contact for Occupy Toronto and Mr. Mann was furious to discover that DDP Studios was doing story board sessions with www.alliancefilms.com around a deal with Donald Trump's Miss Universe Corporation, and at the same time posting articles supporting Pride Toronto on their website when Occupy Philosophy is against the commercialization of Pride festivities.

http://ddpstudios.com/2012/02/13/fear-huggers/

http://ddpstudios.com/2012/03/13/letters-to-minister-vic-toews-jean-claude-lafond/

http://ddpstudios.com/2012/07/07/pride-2012/

vs

http://sfist.com/2012/06/24/occupride_blocks_kickstarts_sf_gay.php

Mr. Mann had initially reached out to Mr. Jean-Claude Paquette on 21st June, 2012 when searching for local Toronto Occupy contacts using the Occupy Together Directory.

http://directory.occupy.net/occupation/ca/on/occupy-toronto

647-857-9212 is the contact number listed on it and its the cell phone for Mr. Paquette. On reaching out to him. Mr. Mann had a great conversation and as a result of that Mr. Paquette shared his email address with Mr. Mann and scheduled a time to meet the following week.

The links below have the complete summary of all the interactions between Mr. Mann and Mr. Paquette.

By Email:

http://www.facebook.com/media/set/?set=a.247323688720083.52756.100003273608834&type=3&l=7840a1e53a

via Text:

http://www.facebook.com/media/set/?set=a.247300275389091.52741.100003273608834&type=3&l=756ed3ef30

http://www.facebook.com/media/set/?set=a.247319992053786.52755.100003273608834&type=3&l=e78f5f202c

Voicemails left on Mr. Mann's Cell by Toronto Police Officer Clinton Westell and the second Emails with TPS14:

https://twitter.com/indocanadadavid/status/224306546358759424

https://twitter.com/indocanadadavid/status/224306243102187520

Emails with TPS14:

https://twitter.com/indocanadadavid/status/2243065463587594

https://twitter.com/indocanadadavid/status/224306243102187520

Emails with Toronto Police TPS14:

http://www.facebook.com/media/set/?set=a.247329978719454.52761.100003273608834&type=1&l=a6807a5cdc

Despite the last email sent by Mr. Mann on 14th July at 9:09 pm, two Police Officers broke into the virTual HQ and arrested him for Criminal Harassment.

Also, here is a link to the copy of all tweets sent out by Mr. Mann from 11th July to 14th July - he was in constant contact with @TPS14,

@TorontoPolice

http://www.facebook.com/media/set/?set=a.247333375385781.52762.100003273608834&type=1&l=772154658a

As a part of bail conditions, Mr. Mann was restricted from going online.

Here is a copy of the brief description he put together to Mr. George Smitherman  (who he happened to be interacting with just before the arrest )the same day he was released on bail. It was send out using text messages. There are other Toronto citizens that have been subject to harassment by Toronto Police and Mr. Mann wanted to touch base with him as for Mr. Smitherman's support.

https://m.facebook.com/photo.php?fbid=247319998720452&id=100003273608834&set=a.247319992053786&source=43&refid=13&__tn__=%2B%3D

Mr. Mann intent is to make the Toronto Police more accountable for its rampant disregard of Constitutional rights of Canadian Citizens, bullying tactics, and unlawful arrests, and an update in the Canadian Criminal Harassment laws which are being misused by vested interests to curb little people to speak up publically against unethical entities/acitvities.

.

http://www.cbc.ca/news/canada/story/2012/05/24/police-g20-illegal-arrests.html

http://www.cbc.ca/news/canada/story/2012/05/16/g20-policing-report.html

http://www.theglobeandmail.com/news/world/profiles-of-four-g20-arrests/article4323039/

"I was arrested by TPS Div 14 on Sunday morning. The cops forced my landlord to hand over the set of spare keys to 209 Gerrard St. East Unit 3, entered the premises without a arrest warrant and jumped on me sleeping after knocking down my bedroom door. I was manhandled and kicked around by two TPS 14 officers in my undressed and semi-conscious state.

There are tons of other details but in a nutshell, based on the attachment that I tweeted out earlier and shared with you on 14th July 2:00 pm, I was charged with Criminal Harrassment for expressing my views and was not allowed to apply for bail on Monday under my own cognizance as per the Bail program for folks with no previous criminal record.  On Tuesday my landlord engaged one of the top barristers  n Yorkville and he was able to bail me out and also lower the bail amount from 10k to 1k. I have a medical disability that got escalated by the rough handling and forced

confinement in a cold cell and my pleas to get medical assistance fell on deaf ears of TPS 14. By the time I was finally shipped from Old City Hall to Don Jail, the nurse who examined me was able to record my injuries and the undershirt I was wearing had bloodstains.

On 19th July,  I visited my family doctor Mr. Albert Tsang and various X-rays etc were taken. My first hearing is on 1st Aug. Since I happened to be interacting with you, I felt emboldened to share my plight with you as I was warned by TPS 14 officers that they will make sure I am not able to live peacefully in GTA.

Also as a part of bail conditions, my online access has been restricted.

I can only use the phone. Hence the texts.

My twitter feed www.twitter.com/IndoCanadaDavid has the links to recorded voicemails from two TPS14 officers as well as other records -

and various twitter accounts like the Senate of Canada have been copied on various messaging that proves that TPS14 is adamant to curb my civil rights around free speech. And the court has forced me to continue living at the same address on Gerrard and Sherbourne - where I now feel like an easy prey for other Toronto cops.

Plus I am a Social Media Strategist and my means of livelihood have been taken away by the Court by restricting my Internet access. It's my first experience with the Canadian legal system ever since I immigrated in 1999 based on my skill set - and I worked hard like most immigrants do to make Canada my home and I earned the Canadian Citizenship after relinquishing my Indian Citizenship. And I have a demonstrated record of professional achievement and I have Global Credentials in the IT World.

Non-withstanding my pleas to the TPS14 Detectives that the tone and intent of my messages are my views as an active supporter of the Global Occupy Movement. I am a citizen of a free country but my constitutional rights were infringed as a cursory look at the messaging I used can

provide the proof that speaking against unethical businesses and brands has no link with criminal harassment. I have already served two nights in the

Prison with hardcore criminals and repeat offenders - in retaliation for leveraging freedom to express my views based on first hand experience with www.ddpstudios.com. And I have to now pay expensive legal fees for defending myself as the Canadian Judicial System has apparently decided to treat me as guilty based on zero evidence of intent of physical threat by the co-Owner of DDP Studios Jean-Claude Paquette.

https://twitter.com/indocanadadavid/status/224201170040799232

https://twitter.com/indocanadadavid/status/224198335903440896

Based on the content in the tweets above, Jean-Claude of www.ddpstudios.com filed the criminal Harrasment charge - which ordinarily would have resulted in a written notice from the Court to appear on a a set date and time to defend myself, not a preemptive arrest, without a arrest warrant being produced.

I was also subjected to a Level 3 search in which I was made to undress fully and police officers poked into various places left unmentioned in wn effort to make sure I was not hiding something dangerous on me.

Despite the fact that I was arrested while sound asleep in my nightshirt in my bedroom clueless that I will be spending the next 24 hours being subjected to third degree methods to discourage me from using social media against exposing certain factual aspects around the brand promise on the DDP Studios Website and the listing of Jean-Claude\'s DDP Studios official phone number and email address as Occupy Org\'s primary contact in Toronto.

DDP Studios is in the process of negotiating a deal with Canada's largest distributor Alliance Films for a programming contracts around Donald Trump's Miss Universe franchise controversy relating to the disqualification of Jenna Talackova as a contestant when it was revealed that she is a transexual.

I was tweeting Donald Trump and Alliance Films to draw their attention to the fact that Occupy Movement is against Corporations, DDP Studios felt that this would negatively impact their chances to win the contract with Donald Trump and Alliance Corp as the linkage if DDP Studios with Occupy activities tantamount to conflict of interest. Shortly after sending me a terse text message warning me to stop contacting Mr. Trump or Alliance films Jean-Claude called me up and threatened me with dire consequences and made disparaging and insulting remarks around the fact that I was a Immigrant and part of the taxi drivers breed , not a real Canadian so on so forth. After listening to his racist rants, I hung up on him. And I texted him that I was against liars, cheats, sissys and faggots. And that he cannot stop me from using social media to expose the fact that DDP studios does not live up the brand promise of being an "ethical community".

I also retweeted numerous message that highlight the fact that in the current era, the term faggot is used synonymously with the term loser or stupid, not with sexual orientation. But despite the twitter handles

@TPS14 and @TorontoPolice and various other official Ontario and Federal Twitter Accounts including that of Michaelle Jean the former GG of Canada in my tweets around DDP Studios, I was charged with Criminal Harassment for calling the openly gay DDP Studios contact Jean Claude Paquette a liar/cheat/sissy/and a faggot.

Yes I used these terms for him - as he is all the above. And if that in Canadian Law equates to criminal harassment then perhaps the Canadian Legal System needs a major overhaul. And till then Canada should take the claim back that it's the safest country in the world in terms of protection of human and civil rights.

[steven-heisler-law-firm]

John Stolarz: Age Discrimination is Rampant in the Workplace

About John Stolarz: John is the head partner at the Stolarz Law Firm. His practice specializes in representing employees for discrimination on the basis of age, sex, disability, or race and for wage theft by an employer. He’s been practicing since 1980 and represents employees in the state of Maryland and federal courts. 

In this episode, Steve and John discuss:

1. How prevalent is age discrimination in the United States workforce today?

It happens all the time. The problem is that employees don’t really know when it’s happening and when they do realize that that may have been the case, they have not taken any steps to protect themselves and that is a real problem. It is difficult to determine what the motivation of an employer is when they take any type of disciplinary action against the employee or start picking up their work or transferring their work to people who are younger. So it’s very prevalent and it’s very difficult to protect against themselves unless one knows what to look for.

2. What protections against age discrimination to older employees have in the workplace?

The protection that they have is the two statutes of federal and state statutes. The federal law is The Age Discrimination and Employment Act and the Maryland law also has a statute in the state government article, generally. The laws and they’re both relatively saying, protect an older employee when he or she applies for a job and when they are not hired, and this is very difficult to prove, of course, but if there’s something during the course of the interview, perhaps that can lead the applicant for an employer for a job to kind of figure out that the employee is not going to be employed, because of their age, the protections are there for older employees.

3. At what age are you considered an older employee?

Generally and under federal law, an employee over the age of 40 is an employee who feels that there is discrimination going on because of preference, for example, of younger employees. That entitles the employee to proceed with an action against the employer. On your Maryland law, there is no age limit under Maryland law, and all the workers, if there’s a preference for a younger worker, for example, or if the employee is not getting jobs, but a younger employee is getting those jobs, for example, it doesn’t matter what the age is.

4. In other states are there the same protections that Maryland gives to its older employees?

Most of the states have their own rules which are similar to The Age Discrimination and Employment Act, but usually, in other states, there are no such protections. They are protected by federal law, assuming there are certain interesting commerce requirements are fulfilled, but those are usually not very hard to do.

5. Should a person who believes that they’ve been discriminated against because they’re a part of the aging population, or older than 40, make claims under both the federal law and their respective state law?

Once the employer determines that there may be some sort of age discrimination going on. If the person is still employed, the first thing that person should do contact the HR department and make a legitimate complaint about that. If you start filing a lawsuit without taking the steps in the workplace that the employee has available to him, in case there’s discrimination, in court, you won’t fare so well. So the most important thing for an employee to do, if the employee feels that he’s there’s some sort of discrimination is to contact the Human Relations Department, in the company. Most importantly and many people don’t do their due diligence and look in their employee handbook and see what they should be doing if they feel there is discrimination and follow those rules that are in the handbook. That will protect the employee from retaliation because if the employee makes a complaint about age discrimination in the HR department whether they’re right or wrong, the employee is protected from any type of retaliation by the employer for making those complaints.

6. Are you saying that they could pursue a wrongful termination or retaliatory termination type case if they were actually fired because they reported it or complained about it?

Let’s break it into two parts here. First is if the employee is still employed, and he feels that there’s age discrimination going on, or that the employer is starting to move towards replacing that employee and with somebody younger, the employee needs to make the complaint. If the employee doesn’t make a complaint, but then goes to the EEOC process and the employer will say, well, we would have taken the necessary steps to correct the problem. So that’s why it’s important to raise it in the workplace if they’re still employed there. So that employer cannot, later on, come in and say, Oh, we would have taken care of the problem if we were told something about it. I hear those types of complaints in age, race, sex discrimination all the time.

7. What is the best way to make a report to HR, by just talking to them or in writing?

If an employee feels that there’s age discrimination going on, the first thing that employees should do is keep good notes. Keep good notes of what happened in the workplace, get what was said, who said what, and keep those details as they go along until they do have that feel enough to be able to approach the HR department.

8. So no matter what state they’re in, in order to make a federal claim that they’ve been the subject of age discrimination, they have 300 days from when the discrimination ended?

If it’s a continuous type of action. It’s from when, from the date the last date, but that’s always a tricky question. What’s continuing action? Discrimination taking place is a tricky legal question. So the employee should always make the complaint as soon as possible and not wait.

9. So federally, there are 300 days, but the sooner you make the EEOC claim on the federal side, the better because you don’t want to get in a situation where you made the claim too late. And it’s barred by what’s called the statute of limitations?

That’s correct.

10. If they want to make this state claim as well, they should check with their local civil rights commission or Human Relations Commission to see what the deadline is there. If they missed the state statute, if it’s under 300 days, they can still make the federal claim correct?

That’s correct. He or she usually cross files with the state version of the EEOC and all around the country. But they’re protected when they file with the EEOC because then their protection falls under The Age Discrimination and Employment Act.

“By filing with the EEOC, whether the EEOC investigates. Whether they find anything or not, it doesn’t matter because there comes a point in time where you can get what’s called a right to sue letter from the EEOC, regardless of whether they found anything or not and at that point, you can file a lawsuit.” —  John Stolarz  

To find out more about the National Injured Senior Law Center or to set up a free consultation go to https://www.injuredseniorhotline.com/ or call 855-622-6530  

Connect with John Stolarz:  

Website: http://www.stolarzlaw.com Email: stolarz@verizon.net Phone: 410-532-7200.  

CONNECT WITH STEVE H. HEISLER:

Website: http://www.injuredseniorhotline.com Facebook: https://www.facebook.com/attorneysteveheisler/ LinkedIn: https://www.linkedin.com/company/the-law-offices-of-steven-h.-heisler/about/ Email: info@injuredseniorhotline.com

   Show notes by Podcastologist: Kristen Braun

Audio production by Turnkey Podcast Productions. You’re the expert. Your podcast will prove it. 

The post John Stolarz: Age Discrimination is Rampant in the Workplace appeared first on The Maryland Injury Lawyer.

[marymosley]

Allen v. Cooper: Suing States for IP Infringement

by Dennis Crouch

Allen v. Cooper (Supreme Court 2019)

In this copyright case, the Supreme Court is wrestling with the question of sovereign immunity.  Does the 11th Amendment shelter States (North Carolina in this case) from copyright infringement lawsuits.  The plaintiff  — Frederick Allen — documented the 1998 salvage of the Pirate Blackbeard’s ship Queen Anne’s Revenge that sank near the North Carolina coast in 1718.  North Carolina wanted to use Allen’s copyrighted material, but didn’t want to pay.  The state legislature stepped in with “Blackbeard’s Law” — designating all photos, videos, and other documentary materials of shipwrecks to be public records. Allen then sued N.C. for infringement (Cooper is N.C. Governor).

In the background is the Copyright Remedy Clarification Act (CRCA) of 1990 that expressly abrogates state immunity in the area of copyright law:

Any State … shall not be immune, under the Eleventh Amendment [or] any other doctrine of sovereign immunity, from suit in Federal Court … for a violation of any of the exclusive rights of a copyright owner….

17 USC 511(a).  The basic question in the case is whether CRCA is unconstitutional:

Whether Congress validly abrogated state sovereign immunity via the CRCA in providing remedies for authors of original expression whose federal copyrights are infringed by states.

In some ways this case can be seen as a follow-on to Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank, 527 U.S. 627 (1999).  In that patent case, a 5-4 Supreme Court held that Congress had improperly authorized patent infringement lawsuits against States. The area of law has seen further development since 1999, including an important bankruptcy-related decision in Central Virginia Community College v. Katz, 546 U.S. 356 (2006).

= = =

The Supreme Court held oral arguments in the case on November 5, 2019.

Allen’s basic argument is that state immunity is inconsistent with constitutional power of “securing … exclusive rights.” Further, the 14th Amendment is seen as providing additional power to Congress to ensure that each state provides due process and equal protection. However, the Supreme Court requires actual constitutional violations before Congress can legislate in this area. [Oral Argument Transcript]

Arguing on behalf of the copyright holder, Derek Shaffer explains:

MR. SHAFFER: Exclusive against whom, Your Honors? Exclusive against all comers, exclusive against the world, including the government and including states.

The key problem with N.C.’s argument is that it goes against the Court’s reasoning in Florida Prepaid.

JUSTICE GINSBURG: All — all that is — would be highly persuasive if we didn’t have the patent decision, the Florida Prepaid decision. It is the very same clause. It’s the very same secure. It’s the very same exclusivity.

MR. SHAFFER: Correct, Justice Ginsburg. But the Court was not examining the text. The Court was not examining the clause. . . . That wasn’t before the Court. It wasn’t even raised before the Court.

JUSTICE KAGAN: If you are right, we would then have to go back to Florida Prepaid, right, and topple that rule?

MR. SHAFFER: It would be certainly open to folks in patent cases to make that argument, Justice Kagan.

JUSTICE ALITO: So, basically, you’re asking us to overrule Florida Prepaid?

MR. SHAFFER: I’m asking this Court to follow Katz, Justice Alito, where I think Florida Prepaid was [already] overruled. [See Central Virginia Community College v. Katz, 546 U.S. 356 (2006) (Does the Bankruptcy Clause of the U.S. Constitution (Article I Section 8), waive the states’ sovereign immunity?)]

Arguing on behalf of N.C., RYAN PARK added his thoughts:

JUSTICE ALITO: Mr. Park, can I take you back to the interesting suggestion that perhaps Congress could have justified what it did in this act by saying that we predict that a high percentage of copyright infringements are intentional and, therefore, violate due process. If we were to accept that, is there any reason why the same reasoning would not apply in patent litigation?

MR. PARK: No, I don’t believe there is any — any distinction there. [DC: note, this is wrong since patent law does not have a copying requirement.]

Due Process and Takings are not expressly raised in this case are interesting.  Even without CRCA, a copyright holder may be able to bring a Federal Due Process or Takings case against a state who infringes the copyright.  A major difference here is that copyright damage and injunction statutes go far beyond what is required for a due process violation or taking. Mr. Park explained for the State how the copyright-owner friendly damage regime is one reason to protect sovereign immunity (and taxpayer money).

MR. PARK: My friend has failed to identify any historical evidence that anyone at the founding remotely contemplated that the intellectual property clause would allow for damages lawsuits against states. . . . Congress could not commandeer state legislatures and force them to pass copyright protective laws, nor could they, under separation of powers principles, vest judicial review of copyright claims in the Senate Judiciary Committee. And, likewise, state sovereign immunity limits Congress’s authority to expose state treasuries to the Copyright Act’s exorbitant financial remedies. . . . And liability under the Act is expansive. It’s vastly greater than anything required by the Due Process Clause. It includes statutory damages of up to $150,000 per infringement, even if the plaintiff cannot prove she suffered any actual harm. . . .

JUSTICE BREYER: [For N.C. to win] we’ve got to decide how copyright, copying, and the due process clause fit together, which, to my knowledge, this Court hasn’t really gone into. And it sounds like a pretty good mare’s nest.

From the copyright holder’s perspective, the damage award is inherent to the copyright clause:

MR. SHAFFER: Clearly the framers’ contemplation is these are exclusive rights that anyone who may infringe has to pay for.

JUSTICE SOTOMAYOR: — the latter part you’re assuming. It says securing the copyright, but it doesn’t say making sure that the copyright owners are paid.

MR. SHAFFER: To promote progress. To promote progress, Justice Sotomayor. It is a preamble that is not echoed anywhere else in Article I.

JUSTICE SOTOMAYOR: Some would say that injunctive relief promotes progress.

MR. SHAFFER: James Madison’s conception reflected in the text of what the monopoly would achieve is that the authors and inventors would get paid for their inventions. They would get paid for their creations. And as the Court, as I indicated, back in 1888 recognized, it is antithetical to that to say that government of any kind, certainly the federal government, can infringe those exclusive rights that — that Congress is to be securing.

Justices Kavanaugh and Breyer finally focused on potential realistic outcomes of the case — rampant state infringement?

JUSTICE KAVANAUGH: Justice Breyer’s point is that it could be rampant, states ripping off copyright holders. And how can that be squared with the exclusive right, if states can do this, which presumably a ruling in [N.C’s] favor will do nothing but encourage them to do?

I’m looking for a decision in the case in early 2020.

Allen v. Cooper: Suing States for IP Infringement published first on https://immigrationlawyerto.tumblr.com/

[rolandfontana]

Fan Bing Bing’s International Business Lesson

Photo by George Baird

I had a sorta friend in college who smoked like a chimney and drank like a Supreme Court Justice. When people would point out the danger of his ways he would respond by emphatically noting that his grandfather also smoked and drank just as much and he was still alive and kicking at 88. Does anyone not see a problem with this analysis?

And yet, my firm’s international lawyers often hear something similar as an excuse for why some company or some person is doing XY or Z that is not legal. Sometimes they will add that so and so who is a native of the country in which they are doing business has told them that this or that is okay, which to me is the equivalent of relying on someone with no medical training saying it’s okay to smoke.

What has happened to Fan Bing Bing spurs me to mention the above. Fan Bing Bing is a terrific movie actress who recently got into BIG trouble with the Chinese tax authorities for having underreported her income via a dual-contract system in which only one contract is disclosed to the tax authorities. For more on this, check out China Movie Stars and The Two-Contract Problem. But it isn’t just movie stars that employ the two-contract tax dodge; many foreign companies and expats do as well:

Even if Fan Bingbing hasn’t done a single thing wrong (which is very possible), it wouldn’t be surprising to learn that tax evasion is rampant in the film business. Tax evasion is like a national sport in China. Mainland factories regularly misreport income by having payments go to a Hong Kong or Taiwanese holding company. So-called “independent contractors” in China rarely report their income because they and their foreign employer are both operating illegally. And the billion-dollar daigou business is profitable largely through tax and customs fraud.

Around once a month (and 4-5 times in December and January — not kidding), our international lawyers get a call from a foreigner in big trouble somewhere like China or Indonesia for having done something illegal. I myself have taken many of these calls and they usually start out with the person in trouble saying something like the following:

I always follow the law and I wanted to follow the law in __________ [country] but my ___________ assured me that this is how things are done in ___________[country] and so I reluctantly went along. And now I am in legal trouble for having done…..

The person who usually gets the blame is the accountant or general manager or even the person’s wife who is a native of whatever country in which the person is having his legal problems — I say “his” here because I cannot remember getting such a call from anyone not male. My tactic is to quickly push through this sort of discussion by bluntly saying, well yes, not paying your taxes or not doing X is illegal pretty much everywhere in the world and I am not aware of any country in the world where it is a defense to say that everyone else is operating illegally as well. So at this point, what I suggest is that we bring in a top-flight criminal lawyer and work on doing whatever we can to prevent you from going to jail and to reduce what you will need to pay.

Around ten years ago, A reader sent me an article regarding the Sri Lankan parents being denied the return of their 17 year old daughter by a United States judge because the family was unable to prove they were in the United States legally. The judge was denying the daughter’s return both for immigration reasons and because her parents’ credibility had been so damaged by their history of immigration untruths. The reader asked if we were aware of anything like this having happened in China or the United States with Chinese businesspeople and whether “something like this” can impact one’s business in China. I responded by listing out all sorts of examples we had seen where one’s immigration status has harmed a business.

Many years ago, I was involved in an international litigation matter involving two Russian fishing companies. One of the key witnesses for the Russian company on the other side was a woman who had secured a US visa based on her supposed extensive education and experience in the fishing industry in Russia. She had secured this visa by claiming a college degree from one of Russia’s best fishing institutes and by claiming to have spent many years working for one of its largest fishing companies. One of my firm’s crackerjack paralegals somehow acquired a copy of this person’s visa application and noticed that her college degree from a college in Town A in Russia had been stamped by someone in Town B in Russia. This was the equivalent of a Harvard degree with an official Yale stamp on it. In other words, it could never happen if the degree were not a fake.

Our next move was to depose this person and depose her we did. At her deposition, we asked her a series of questions intended to make clear we knew she had lied to get into the United States, including the following:

1. Who was your favorite professor? She said she had no favorite. 2. Name one of your professors. She said she could not remember a single one. 3. Name one professor at the entire college. She said she could not remember a single one. 4. Who was your best friend at college? She said she was too busy studying to have had any friends. 5. Name one fellow student at your college. She said she could not remember a single one. 6. List the classes you took. She gave a really vague answer. 7. Name some of the buildings on your campus. She could not remember a single one. 8. Describe the campus. She gave an incredibly vague description.

We asked the same sort of questions regarding the fishing company at which she had allegedly worked in Russia and we got the same sort of answers.

And guess what, this key witness for the other side never showed up to testify at trial, which greatly strengthened our case and probably helped us prevail. I have no doubt her failure to appear stemmed from her fear of her illegal immigration status being publicly exposed.

I was once contacted by a Russian-American company that wanted my firm to sue an American company over a debt. I pushed my client about skeletons in his and his company’s closet and he admitted he was in the United States on a student visa and so should not have been working at all. We talked about how his bringing this case would probably expose him to visa issues and how he should think long and hard before he brought it. He chose not to bring the case and instead to just walk away from a not insubstantial debt.

We have had to tell a number of foreigners in China the same thing when they have sought our help in collecting on a debt in China or in suing their Chinese partner for having run off with what the foreigner thought was its own business. If you or your business are not 100% legal in China, you have pretty much foreclosed your ability to sue anyone in China, no matter what they do to you. To put it bluntly, you are ripe for the plucking.

A handful of times (usually during periods of stepped-up visa enforcement), my firm has been contacted by foreigners with illegal businesses in China who have either been denied re-entry into China or have been told to leave. These people are desperately seeking our help to get them back into China. They are desperate because their profitable China based businesses cannot function without them. The odds of our being able to help them are slim.

One of the most underrated benefits of having a Wholly Foreign Owned Entity (WFOE) in China is that entity’s ability to hire foreigners and those foreigners’ ability to secure Chinese work visas (Z visas). These companies are legal and they have standing to sue and since their employees are working in China legally on Z visas, they have nothing to fear by testifying on the company’s behalf.

And we too have seen our share of double contracts. Many years ago, a European company hired us to sue an American company for having failed to pay around 2.5 million dollars for the sale of a used airplane (I have forgotten the exact amount). This company told us they had a written contract for this transaction and we told them we like their case. They then sent us the contract and instead of it listing the airplane price at $2.5 million, it listed it at $600,000. We raised the monetary discrepancy with the client who explained that “yes, this is what the contract says but the deal was for $2.5 million and the only reason it wasn’t written in the contract that way was because the other side insisted on it saying $600,000 to minimize its duties when it took the plane to its own country. We told them we were no longer interested in pursuing the case and as far as I know they ended up having to walk away from $2.5 million.

One of my favorite stories is when I went to Papua New Guinea to help a Sakhalin Island client secure the return of two helicopters. When I landed in Port Moresby, I was asked if I was in the country as a tourist or for business. The tourist visa was something around $35 and the business visa was something around $350, but I said “business” and I paid the much higher fee. I then flew to Goroka where I met the next day with the governor of the Eastern Highlands Province, Malcolm “Kela” Smith. I was told “Kela” means bald man. The first thing Mr. Smith did when I met with him was to check my passport. When it revealed I was there on a business visa, I could sense a change in his view of me. Though he never confirmed this to me, I am convinced that had my passport revealed I was in PNG on a tourist visa, Mr. Smith would either have had me thrown out of the country or he would have refused to meet with me because I was in the country illegally. Kela Smith ended up meeting with me and with my client and within a day or two we had a deal whereby my client would get his helicopters back.

With so many companies these days looking to set up in Asian countries with even weaker law enforcement than China, our international business lawyers are often finding ourselves stressing the advantages of scrupulously following a country’s laws even when doing so is difficult and expensive. Our experience is that this virtually always pays off in the end — economically, with stability, and with peace of mind.

The simple and obvious bottom line here is that if you are going to be doing business in a foreign country it pays to do so legally.

  Fan Bing Bing’s International Business Lesson syndicated from https://immigrationattorneyto.wordpress.com/

[cfijerusalem]

With His Hands Outstretched

“And so it was, when Solomon had finished praying all this prayer and supplication to the LORD, that he arose from before the altar of the LORD, from kneeling on his knees with his hands spread up to heaven” (1 Kings 8:54, NKJV).

All of us have probably, at one time or another, in recent years, observed the casualness, the lack of serious focus, fervency and pangs of conviction in many of our churches today. There is rampant sin all around us; one can almost breath an air of apathy, and it can be discouraging. However, the Power of the Holy Spirit is equipped to shake up even the sleepiest among us. In my generation, one of the most important practices I ever learned was the importance of prayer, and then intercession. When I was small and my Grandmother Oyer came to visit us, I could literally hear her praying while on her knees in her bedroom in the mornings. I could not hear her words clearly, but I knew she was praying. Most likely, I am saved today, because of her faithfulness in reaching out to the One God in Heaven, in the Name of Jesus, for my soul.

Where is our understanding of the power of prayer today? There are times when groups pray and nothing changes in a situation, but that should not discourage us, because God is God. His Plans are Higher than ours, as well as our understanding. But when corporate prayer rises to the Highest Heaven, and yes, with hands outstretched to no one but Him, relying on Him entirely, He is always there to bend His Ear toward us to listen. Solomon knew this, and he knew the power of prayer. He stood before the Hebrew children and spread out his hands and said: “...LORD God of Israel, there is no God in heaven above or on earth below like You, who keep Your covenant and mercy with Your servants who walk before you with all their hearts” (1 Kings 8:23). In context, and time, King Solomon (Shlomo, in Hebrew) was speaking to God’s Servants, the Children of Israel. Even though in rebellion in a number of areas, they are still God’s children – today called “Israelis” – they still remain His Servants, and they will sanctify His Holy Name in the End Times, even if God only has a remnant to do it. Sometimes it seems there is only a remnant in the Church also, who fully understand God’s Promises and Covenants, but the important thing is that we do not forget to pray....and to pray with outstretched arms. Sometimes we weep that there will be conviction of sin round us, or even in our own lives, and there are times when we lean totally upon His Shoulder to be able to make it through. Whatever way you pray, pray it with fervor, fire, and that you mean it from your heart. God knows. Thank you to each prayer warrior, so faithful as you are, for years upon years, you have been praying with us for Israel. Please do not stop. Teach our youth how to enter God’s Courts with reverence and with faith in all of His Promises for Israel, the Church, and the Nations...and teach them that Israel is a “key” to the redemption of the world. Without Israel, we cannot have the King’s Return. Let’s pray. 

LET’S ENTER HIS COURTS IN PRAYER

Points for prayer are given so that we will strategically pray together, not just “around the world” for prayer needs, but hitting the target, so to speak, with prayer in due season. Prayer that is pertinent for the hour in which we live. Please join together with the world-wide body of believers in Jesus, for the following this month:

Beseech the Lord  and stand in the gap because of the volatile military situation that exists on our borders. From Lebanon, we have threats of Hizbullah and Iran. From Syria we need to watch the borders every day. From the south, Gaza is very explosive, and from the Mediterranean we need to be carefully watching naval vessels that are not legitimate vessels bringing goods, but are pawns in the hands of the enemies of Israel to try to bring about the demise of the Jewish people. Call upon the God of Israel to be our Chief Defender in all circumstances. (1 Samuel 7:10, 13-14).

Praise the Lord for every intercessor for Israel around the world. “Do not cease to cry out for us” (1 Samuel 7:8, 9). “Therefore, I will   give thanks to You, O LORD, among the gentiles...” (Psalm 18:49).  

Pray Fervently that all corruption throughout Israel, will be cleaned up with tough laws put into place to prevent wickedness from ruling.

Pray for the spiritual leadership to discern the state of the people and to be willing to address sin publicly. “Be diligent to know the state of your flocks” (Proverbs 27:23). “ And I will give you shepherds according to My heart who will feed you with knowledge and understanding” (Jeremiah 3:15).

Thank the Lord for the revival of God’s Word in Samaria as many Jewish families, including children, and their neighbors are daily studying the Jewish Scriptures, as a revival of study and seeking God is taking place and is becoming a way of life. May all Israel be seeking the Lord as these faithful are doing. “The children of Your servants will continue, and their descendants will be established before you” (Psalm 102:28).

Pray for the truth to be told about Israel, instead of strong media bias. Fake news, prejudice and daily falsehoods  against the Jewish people are everywhere being reported. “Rescue me and deliver me from the  hand of foreigners, whose mouth speaks lying words, and whose right hand is a right hand of falsehood” (Psalm 144:11).

Enter His Courts with Thanksgiving for Israel’s openness to all nations and peoples who wish to “come up to Jerusalem.”

Proclaim His Word that everything that displeases the LORD will be removed from the heart and soul of the nation. Be bold to read from God’s Promises in your prayer groups.

Form the spiritual battle lines wherever you are. Israel is regularly on military alert status. One never knows which enemy of the Jewish people will try to harm or start a war with Israel and alert eyes need to be on the gates to our borders at all times. “He delivers them out of the hand of the wicked” (Psalm 97:10c). “The rage of enemies”  “Arise, LORD, in Your anger; rise up against the rage of my enemies...” (Psalm 7:6, NIV).

Intercede against false peace treaties. May Israel be given much wisdom from above as to not be deceived about any false treaties that will not hold. May God give them insight to know who they are negotiating with as a peace partner. “As in water face reflects face, so a man’s heart reveals the man” (Proverbs 27:19, NKJV).

Ask God to forgive His People for allowing gay parades to pollute the Land and streets of His Land. There should be no gay parades anywhere in Israel. “That there be no outcry in our streets” (Psalm 144:14c).  May all hearts be circumcised. (Jeremiah 4:4).

Thank God for the many new archeological discoveries, that are proving without a doubt that the Bible, God’s Word, is true. For those proclaimed atheists, visit Israel to see the Bible come alive!  The Prophet Isaiah’s seal is on display for all to see. Recently another spiritual pillar of Israel, the righteous King Hezekiah’s 2,700-year-old-personal seal was found. His name was written in ancient Hebrew and found outside the Temple Mt.  The King signed documents with the signet ring that he wore. Additionally, King David’s prayer altar was located. “As cold water to a weary soul, so is good news from a far country” (Proverbs 25:25). “A good report makes the bones healthy” (Proverbs 15:30).

Until the Eastern Sky Opens, Sharon Sanders

Christian Friends of Israel - Jerusalem email: prayer@cfijerusalem.org

[throwitawayokay]

This is confusing. A lot of your favorite fandom creators, out of nowhere, are being accused of endangering minors and others for making n*fw content or following/being-friends-with people who do; that is a serious claim, and a frightening one, and no one would say such a thing if they weren’t 100% sure they were correct about it, right? After all, to say something about someone is an awful thing to say, and needs proof and reason, or else it is libel and grounds for a defamation lawsuit and would, morally, be an absolutely terrible thing to accuse a person of if it was not true.

Obviously, they must have reason. Obviously, these accusations are founded and must eventually prove to be true, even if they cannot now, or maybe they can, maybe the accusations would hold up in a court of law, but for some reason the same people making these accusations... won’t come out directly and accuse these people and don’t have any evidence besides what they ‘think’ this other person is thinking.

Someone has made an argument, somewhere, that writing n*fw of aged up minor characters in atla is predatory behavior and endangering to minors. Is it?

1. Is it legal?

  Easy answer, yes. It’s legal. By definition it is p*rn of adult characters, regardless of where it originates. None of it is on tumblr, where it would not be allowed, but instead on a web site where it is clearly tagged and behind an age limit. In fact, this argument would be laughed out of court. Because no law is protecting the n*fw depictions of fictional characters, who are not real, regardless of age, besides potentially copyright.

If the stories are about underage fictional characters? It still, at least by USofA law, still not illegal. Yes. That’s correct. Stories depicting underage fictional characters in s*xual situations does not follow under the definition of child p*rn and is allowed in publication and law. To see proof of that, besides reading the actual law which you are free to do, simply note the fact that Stephen King’s It is not only still in print but recently had two film adaptations.

So that, would in fact, be allowed; however what is being called into question is depicting adult fictional characters in n*fw situations. A completely different thing that is, actually, very different from the other. But, to simply answer the question of legality, it’s all legal.

2. When is it endangering to minors?

  This content can, in fact, be endangering to minors when they are exposed to it either without warning, in a search, or if they are sent this content by another person. Ways that this could happen are if n*fw images appear google searches (where such content can be reported and taken down) or if n*fw writing is not properly tagged or accompanied by archive warnings (posted on ffnet for example or not properly rated on ao3). If this is happening, it is a good idea to go to the website to report it properly, or have someone contact the artist/author about the lack of tagging - the content itself is irregardless, the problem that exists here is the lack of warning.

N*fw art is also not allowed by the tumblr guidelines; feel free to report it if seen. Please, however, take a step back to remember than an image of a person in their underwear is not, in fact, p*rnography. If you’ve ever walked past a billboard for a clothing company or seen a Victoria’s Secret catalogue you should know this. There is, in fact, an actual parameter for what sets apart sfw and n*fw.

If this content, however, has been properly tagged and is behind a proper age limit, with warnings and the like, it is not endangering toward minors. Clicking on a n*fw art or writing with clear warnings for what it is does not make the creator of that content responsible; a p*rn star is not responsible for endangering minors if a minor answers falsely to a website agreement stating they are 18 and views their content. The responsibility lies with the minor as well as the guardians of that minor for not teaching them how to responsibly search the internet and recognize what they should or should not be viewing.

If you are not mature enough to recognize this, you should not be online.

3. But I disagree?

  You are within your rights to have a difference of opinion or feel uncomfortable if a person posts links to their n*fw content, or mentions that they make n*fw content. In fact, n*fw content makes many people uncomfortable. There are many ways to avoid seeing this.

First, go to the filter on your blog and filter all n*fw related tags you can think of. Next, block the blogs you do not personally like; feel free to block as many blogs, for any reason, that you like. This is absolutely fine and no explanation is needed. If you feel uncomfortable having your blog followed by any adults at all, you can also take steps to make the blog unsearchable and only follow as few people as you like.

What you should not do is harass people for making content that you personally do not like. This includes n*fw content. Making such incredibly serious claims as to state someone is a predator who endangers minors for making n*fw content in your fandom is unfounded, dangerous, and entirely irresponsible. Adults participating in this rhetoric need to take a very good look at themselves, and minors who have been experiencing anxiety as a result of this claim, I am very sorry.

4. What was the aunt-suki thing?

  Where did this whole thing start? No one was making this point only a few months ago, did it just pop up out of nowhere?

^ this blog, since deleted [also goes formerly by tumble-dump (now lil-baby-man) as well as jetru(deleted) safe-for-atla, and dennis-quaid] spearheaded this opinion after accusing one of the largest creators in the fandom, an adult doc (relevant later), of endangering minors for an image posted to tumblr with possible suggestive themes (Tumblr does not allow n*fw art, it was not n*fw). Aunt-Suki is a 23 year old, self-described “titanium white” woman. She stated directly that anyone who posted n*fw content behind age limit barriers was predatory and that n*fw artwork of atla characters was rampant on this website without evidence.

After curating a blocklist, and admittedly receiving hate for doing so (despite oddly enough asking for anon hate on several occasions) aunt-suki did in fact create a first draft blocklist including fandom creators who make n*fw content, who are follow or are friends with those who make nsfw content despite not doing it themselves, and people who specifically asked her to be on the blocklist. This, in itself, was fine. A list of creators making n*fw content could, in fact, be helpful and good for those who do not want to see such content to have a handy resource of who to block and avoid. Unfortunately, the rhetoric of “they are all predators” was something aunt-suki fostered and continued to repeat, getting a lot of people to also feel the same way. This invited harassment, much of which directly done and targeted at others by aunt-suki. She repeatedly stated on her blog ‘I am safe, no one else is unless I say so, in order to keep yourself safe you must ask me who is bad [paraphrase, not direct quote]’ insisting that anyone who wished to know who was a predator on the website had to privately DM her for the information. Aunt-Suki used this to gain followers of minors and to specifically foster friendships with them.

We know this because aunt-suki made a post exposing herself. An anon asked her to defend the way she interacted with minors and she defended herself with phrases such as “I love kids so much more than grown ups”[quote], stating she runs a server of 13+ wlw and they all “care a lot about each other”; she also admitted she takes it upon herself to “expose kids to [heavy topics]” including race, sexism, queer issues, mental health, politics, etc. Aunt-Suki is not a trained professional for these issues and admits in the same post that she does not understand how there could be any difference in power dynamics between her and these teenagers.

In addition, while defending these close relationships with minors that she specifically admits to reaching out for, Aunt-Suki also divulged her past at 18 years old of saying the n-word (excused by explaining she has a black friend); somehow stating that this is the reason why she should, as a 23 year old white adult, be allowed to discuss “heavy topics” with minors.

This most certainly calls into question the fact that it was, with one exception, non-white creators that aunt-suki chose to publicly call out by name.

After being asked to defend herself for these actions she admitted to, Aunt-Suki deleted her blog but has continued to go online on her others blogs and discords, dm’ing others and making posts accusing people who called her out of being predators, asking for sympathy, blaming her actions on her adhd, and refusing to answer any of the messages sent to her. Other large creators have made posts about this, very rarely using her name to allow her some anonymity or time to explain her actions, which she has not done. She choose instead to send anonymous messages further accusing these creators.

5. Why did you tell me that?

  This directly illustrates the problem with presenting an issue such as n*fw art/writing in the fandom without pointing out why others might disagree with it; and jumping past logic to decry those who don’t agree with extremely serious accusations. Someone with actual ill (or misguided) attentions may take advantage, deliberately isolating minors and portraying themselves as ‘good and safe’ while slowly whittling down who the minors can and cannot follow until no one able to call them out when they are the one participating in actual behavior that is inappropriate to minors.

6. I still don’t agree with the first points.

  That’s fine. Please call out actual predators if you see them. Do not, however, do so without any evidence or for reasons that simply are not, and never would be, considered basis for doing so in any legal or reasonable capacity.

[marymosley]

Allen v. Cooper: Suing States for IP Infringement

by Dennis Crouch

Allen v. Cooper (Supreme Court 2019)

In this copyright case, the Supreme Court is wrestling with the question of sovereign immunity.  Does the 11th Amendment shelter States (North Carolina in this case) from copyright infringement lawsuits.  The plaintiff  — Frederick Allen — documented the 1998 salvage of the Pirate Blackbeard’s ship Queen Anne’s Revenge that sank near the North Carolina coast in 1718.  North Carolina wanted to use Allen’s copyrighted material, but didn’t want to pay.  The state legislature stepped in with “Blackbeard’s Law” — designating all photos, videos, and other documentary materials of shipwrecks to be public records. Allen then sued N.C. for infringement (Cooper is N.C. Governor).

In the background is the Copyright Remedy Clarification Act (CRCA) of 1990 that expressly abrogates state immunity in the area of copyright law:

Any State … shall not be immune, under the Eleventh Amendment [or] any other doctrine of sovereign immunity, from suit in Federal Court … for a violation of any of the exclusive rights of a copyright owner….

17 USC 511(a).  The basic question in the case is whether CRCA is unconstitutional:

Whether Congress validly abrogated state sovereign immunity via the CRCA in providing remedies for authors of original expression whose federal copyrights are infringed by states.

In some ways this case can be seen as a follow-on to Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank, 527 U.S. 627 (1999).  In that patent case, a 5-4 Supreme Court held that Congress had improperly authorized patent infringement lawsuits against States. The area of law has seen further development since 1999, including an important bankruptcy-related decision in Central Virginia Community College v. Katz, 546 U.S. 356 (2006).

= = =

The Supreme Court held oral arguments in the case on November 5, 2019.

Allen’s basic argument is that state immunity is inconsistent with constitutional power of “securing … exclusive rights.” Further, the 14th Amendment is seen as providing additional power to Congress to ensure that each state provides due process and equal protection. However, the Supreme Court requires actual constitutional violations before Congress can legislate in this area. [Oral Argument Transcript]

Arguing on behalf of the copyright holder, Derek Shaffer explains:

MR. SHAFFER: Exclusive against whom, Your Honors? Exclusive against all comers, exclusive against the world, including the government and including states.

The key problem with N.C.’s argument is that it goes against the Court’s reasoning in Florida Prepaid.

JUSTICE GINSBURG: All — all that is — would be highly persuasive if we didn’t have the patent decision, the Florida Prepaid decision. It is the very same clause. It’s the very same secure. It’s the very same exclusivity.

MR. SHAFFER: Correct, Justice Ginsburg. But the Court was not examining the text. The Court was not examining the clause. . . . That wasn’t before the Court. It wasn’t even raised before the Court.

JUSTICE KAGAN: If you are right, we would then have to go back to Florida Prepaid, right, and topple that rule?

MR. SHAFFER: It would be certainly open to folks in patent cases to make that argument, Justice Kagan.

JUSTICE ALITO: So, basically, you’re asking us to overrule Florida Prepaid?

MR. SHAFFER: I’m asking this Court to follow Katz, Justice Alito, where I think Florida Prepaid was [already] overruled. [See Central Virginia Community College v. Katz, 546 U.S. 356 (2006) (Does the Bankruptcy Clause of the U.S. Constitution (Article I Section 8), waive the states’ sovereign immunity?)]

Arguing on behalf of N.C., RYAN PARK added his thoughts:

JUSTICE ALITO: Mr. Park, can I take you back to the interesting suggestion that perhaps Congress could have justified what it did in this act by saying that we predict that a high percentage of copyright infringements are intentional and, therefore, violate due process. If we were to accept that, is there any reason why the same reasoning would not apply in patent litigation?

MR. PARK: No, I don’t believe there is any — any distinction there. [DC: note, this is wrong since patent law does not have a copying requirement.]

Due Process and Takings are not expressly raised in this case are interesting.  Even without CRCA, a copyright holder may be able to bring a Federal Due Process or Takings case against a state who infringes the copyright.  A major difference here is that copyright damage and injunction statutes go far beyond what is required for a due process violation or taking. Mr. Park explained for the State how the copyright-owner friendly damage regime is one reason to protect sovereign immunity (and taxpayer money).

MR. PARK: My friend has failed to identify any historical evidence that anyone at the founding remotely contemplated that the intellectual property clause would allow for damages lawsuits against states. . . . Congress could not commandeer state legislatures and force them to pass copyright protective laws, nor could they, under separation of powers principles, vest judicial review of copyright claims in the Senate Judiciary Committee. And, likewise, state sovereign immunity limits Congress’s authority to expose state treasuries to the Copyright Act’s exorbitant financial remedies. . . . And liability under the Act is expansive. It’s vastly greater than anything required by the Due Process Clause. It includes statutory damages of up to $150,000 per infringement, even if the plaintiff cannot prove she suffered any actual harm. . . .

JUSTICE BREYER: [For N.C. to win] we’ve got to decide how copyright, copying, and the due process clause fit together, which, to my knowledge, this Court hasn’t really gone into. And it sounds like a pretty good mare’s nest.

From the copyright holder’s perspective, the damage award is inherent to the copyright clause:

MR. SHAFFER: Clearly the framers’ contemplation is these are exclusive rights that anyone who may infringe has to pay for.

JUSTICE SOTOMAYOR: — the latter part you’re assuming. It says securing the copyright, but it doesn’t say making sure that the copyright owners are paid.

MR. SHAFFER: To promote progress. To promote progress, Justice Sotomayor. It is a preamble that is not echoed anywhere else in Article I.

JUSTICE SOTOMAYOR: Some would say that injunctive relief promotes progress.

MR. SHAFFER: James Madison’s conception reflected in the text of what the monopoly would achieve is that the authors and inventors would get paid for their inventions. They would get paid for their creations. And as the Court, as I indicated, back in 1888 recognized, it is antithetical to that to say that government of any kind, certainly the federal government, can infringe those exclusive rights that — that Congress is to be securing.

Justices Kavanaugh and Breyer finally focused on potential realistic outcomes of the case — rampant state infringement?

JUSTICE KAVANAUGH: Justice Breyer’s point is that it could be rampant, states ripping off copyright holders. And how can that be squared with the exclusive right, if states can do this, which presumably a ruling in [N.C’s] favor will do nothing but encourage them to do?

I’m looking for a decision in the case in early 2020.

Allen v. Cooper: Suing States for IP Infringement published first on https://immigrationlawyerto.tumblr.com/