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[DMCA-Activists] Citizens' Open Declaration Against Corporate Injustice
From: |
Seth Johnson |
Subject: |
[DMCA-Activists] Citizens' Open Declaration Against Corporate Injustice |
Date: |
Tue, 30 Jul 2002 08:22:42 -0400 |
(Forwarded from No DMCA in Canada list,
address@hidden)
-------- Original Message --------
Date: Tue, 30 Jul 2002 08:13:18 -0400
From: Fergal Warde <address@hidden>
> http://www.theregister.co.uk/content/6/26433.html
Citizens' Open Declaration Against Corporate Injustice
25 July 2002
Whereas the House of Representatives, the Congress, and the
Senate of the United States of America have repeatedly put
forth an effort to pass pieces of legislation which are
clearly designed to assist wealthy industries in the
oppression and usurpation of the common citizen, both
domestic and foreign;
Whereas it has been proven that the cost of the Compact Disc
(CD) and other media of content distribution have in fact
risen as a result of corporate profit-minded planning, even
in spite of reduced manufacturing costs arising from the
ubiquity of newer and ever more advanced technology;
Whereas the Artists who create and distribute their Content
through RIAA channels are not properly compensated for
their personal efforts, since only a small minority of the
funds earned this way actually profit the artist;
Whereas the Recording Industry of America (RIAA), under the
guise of "anti-piracy" efforts, and in an effort to
maximize profit at the expense of Fair Use and consumer
friendliness, have in fact conspired to release nonstandard
copy-protected media such as the "copy protected CD", with
the express intention of hindering, damaging, or otherwise
disrupting an electronic device such as a personal
computer;
Whereas the Motion Picture Association of America (MPAA), in
cooperation with other entities, including at least one
compromised legislator, has in fact conspired to legislate
a condition of immunity for itself with regard to the
committing of numerous, serious federal offenses via the
directing of Denial Of Service (DoS) attacks at
Peer-to-Peer (P2P) networks;
Whereas the above mentioned DoS attacks and other vigilante
procedures would likely cause serious harm to individual
computer users and Internet Service Providers (ISPs);
Whereas the passing and continued existence of the Digital
Millennium Copyright Act (DMCA), without further and
serious examination, is expected to erode both the
legitimacy of Fair Use provisions by the State under
previous copyright laws, and erode the onus being on the
State to establish the presence and existence of guilt
beyond a reasonable doubt or in a balance of probabilities,
in the event that an offense is believed to have been
committed;
Whereas the Business Software Alliance (BSA) is believed to
have engaged in actions on behalf of its members that are
harmful to the citizens' freedoms and interests in terms of
enforcing fair copyright legislation, particularly with
respect to the intolerable conditions provided by the DMCA;
Whereas the agenda of Digital Rights Management (DRM) is
being forced on citizens without due process or reasonable
grounds;
Whereas DRM and all of its derivatives are dangerous to
innovation, copyright, and technological advance on the
grounds that they remove functionality from electronic
devices and further erode Fair Use provisions;
Whereas no form of DRM has been conceived, or even
constructed, with the intent of compensating copyright
holders and content creators for alleged acts of "piracy";
Whereas great injustices have been perpetrated by the RIAA
and MPAA against citizens, ISPs, and other entities without
proof beyond a reasonable doubt or on the balance of
probabilities that an act of "piracy" or "copyright
infringement" has in fact been committed;
Whereas the BSA, its members, and a number of other
commercial software entities have been continually abusing
the U.S. patent system by establishing circumstances in the
development community which hinder, stagnate, or degrade
innovation and the spread of new ideas;
Be it resolved that we, the people, both US citizens and
citizens from abroad, hereby declare the following:
(1.) That an unconditional boycott must be made against key
firms, particularly the BSA, RIAA, and MPAA, in an effort
to encourage the establishment of fair and honest business
practices, and to promote nondiscriminatory relations with
regard to customers and end-users;
(2.) We demand the retraction or striking down of all
counterproductive legislation such as the DMCA, and reserve
the right to demand such for any similar article or
document from the present, past, or future;
(3.) We refuse to recognize any media or content
distribution or creation entity as a legitimate law
enforcement agency;
(3[i].)-- no entity besides the rightful government of a
state will be granted law enforcement powers by the State,
as the establishment of such would forseeably undermine
citizens' freedoms and democratic rights;
(3[ii])-- no entity shall be granted any form of vigilante
powers under any circumstance, by any other entity or the
State, as this is strongly contrary to what a legitimate
and free democracy should stand for.
(4.) We reserve the right to enjoy the provisions of "First
Sale" and "Fair Use" protected under existing national and
international copyright conventions;
(5.) We find the passing of legislation which allows crime
to be legitimized for any agency for the purpose of
personal gain to be utterly intolerable.
(6.) In the event that any entity, corporate or otherwise,
is granted any piece of blatantly oppressive legislation or
vigilante rights, such as the right to commit a federal
computer crime with impunity, the citizens of all nations
reserve the right to:
(6[i])-- declare a state of war against that entity and any
parties that share responsibility, whereby "war" is defined
as the right to assume equal rights as those which the
oppressor has enacted, and in doing so, the citizens are
entitled to commit at least one retaliatory act in return
for every act made by the "oppressing" entity;
(6[i][a])--- any such state of war will remain in full force
until the legislation or grant of power in question has
been reversed or struck down and is completely eliminated.
Proof of such elimination will be required in all
instances.
---------------------------------
And so it begins.
-Fergal
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