February 2023 - cypherpunks - lists.cpunks.org

Russian State-Sponsored TV Network's Attempt to Dismiss Copyright Lawsuit On Fair Use Grounds Denied
by Gunnar Larson 21 Mar '23

21 Mar '23

https://www.lexology.com/library/detail.aspx?g=ff9f1af5-cc8a-473a-822b-8890… March 18, 2022 TV-Novosti, a non-profit operating the Russian state-controlled RT(formerly Russia Today) television networks and 38 associated RT YouTube channels, has been sued for copyright infringement by Business Casual, an American media company that creates documentary content, based on its use of translated clips of Business Casual's documentaries in its own videos posted to YouTube. Business Casual creates short original historical documentaries which it posts to its YouTube channel. Its documentaries frequently feature photographs of historical figures, using a process called “parallax” which “transforms century-old low-resolution photographs into dramatically restored high-resolution photographs” and “turn[s] two-dimensional images into three-dimensional models . . . simulating a depth-of-field. This optical illusion provides Business Casual’s videos with an immersive three-dimensional look and feel.” The lawsuit relates to two of Business Casual’s documentaries—“How Rockefeller Built His Trillion Dollar Oil Empire” and “J.P. Morgan Documentary: How One Man Financed America”—clips of which Business Casual alleges TV-Novosti incorporated into three separate videos on its "RT-Arabic" YouTube channel, including portions featuring parallax-enhanced images, altering the brightness and saturation of the copied content and replacing Business Casual's watermark with TV-Novosti's own in order to hide from YouTube's algorithms. TV-Novosti moved to dismiss the copyright claims, arguing that it's use of the clips is protected as fair use. However, after considering each of the four statutory factors, Judge Koeltl of the Southern District of New York denied TV-Novosti's motion, holding that while three of the four factors weighed against finding fair use, "[t]he fourth factor, which the Supreme Court has described as 'the single most important element of fair use,' cannot be determined without further factual development." Specifically, regarding the first factor, concerning the transformation of the use, Judge Koeltl found that while TV-Novosti's videos take portions of the plaintiff’s videos, re-arrange them, and add new commentary to them, TV-Novosti had not made any meaningful changes to the visual clips themselves, and "[m]erely overlaying new audio does not effect a sufficient transformation . . . to find fair use as a matter of law." The Court further noted that TV-Novosti had "not changed the purpose of the parallax-enhanced images," i.e., to provide visual illustration for the overlain audio commentary, but had instead "simply lifted the copyrighted depictions . .. for the purpose of illustrating [TV-Novosti's] own video." In addition, the Court found that the fact that TV-Novosti could have sought to pay for the clips, but didn't, and tried to hide its use of the excerpts from YouTube's algorithms, also weighed against a finding a fair use under the first factor. Regarding the second factor, concerning the nature of the copyrighted work, the Court initially noted that factual material such as that at issue, "cuts less closely to the core of copyright." Nevertheless, the Court held that the fact that source material for Business Casual's videos was in the public domain weighed against finding fair use, because TV Novosti could have simply used public domain photos of the historical figures, rather than the modified clips, to create its videos. Regarding the third factor, concerning the amount of use in relation to the copyrighted work as a whole, the Court noted that while only "small portions of the entire copyrighted works were used"—excerpts of 7 seconds, 1 minute and 28 seconds, and 8 minutes and 50 seconds in length—the portions were "not so trivial as to warrant dismissal under the de minimis doctrine." Lastly, regarding the fourth factor, concerning the effect of the use on the potential market for or value of the copyrighted work, the Court noted that this factor “ask[s] not whether the second work would *damage* the market for the first (by, for example, devaluing it through parody or criticism), but whether it *usurps* the market for the first by offering a competing substitute.” With this framing, the Court thus found that while one the one hand, TV-Novosti's "videos are alternative ways of learning about the lives of J.P. Morgan and John D. Rockefeller," on the other hand, they "have a broader focus and are in a different language, meaning that they cater to a different audience." These differences, the Court held, were significant enough to preclude the Court from "determining the effect of [TV-Novosti's] videos on the market for [Business Casual's] videos at this time." The Court's recognition of the weight of the fourth factor in determining fair use means that there may still be hope for TV-Novosti—time (and fact discovery) will tell. For now, the takeaway may very well be that parties seeking to raise a fair use defense should take care to emphasize any characteristics of their use that distinguish not just their work, but its target audience, including the scope of the work and the language (if any) which communicates it. *** *Business Casual Holdings, LLC v. TV-Novosti*, No. 21-CV-2007 (JGK), 2022 WL 784049 (S.D.N.Y. Mar. 14, 2022)

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RNC Funding of Trump's Legal Campaign Undermines GOP State AGs' Attack on Litigation Funding - Litigation Finance Journal
by Gunnar Larson 21 Mar '23

21 Mar '23

Check out my new article: https://litigationfinancejournal.com/rnc-funding-of-trumps-legal-campaign-u… Litigation Finance Journal recently reported on a group of 14 state attorneys general that have called for action from the Department of Justice to review potential threats to U.S. national security from foreign adversaries’ engagement of litigation investment. Litigation funders and industry advocates have new ammo in response to the AGs’ claims, given recent news of the RNC funding former President Donald Trump’s various legal entanglements. According to ABC News, RNC leaders earmarked $1.6M in legal funding to support President Donald Trump’s defense over lawsuits brought by New York Attorney General Letitia James. Meanwhile, the United States Chamber of Commerce Institute for Legal Reform’s research has prompted 14 state attorneys general to ask for the Justice Department to assess national security risks of adversaries ‘undermining’ the United States by engaging litigation funding and third party investment vehicles. The group of 14 state attorneys general are concerned about foreign adversaries ‘weaponizing’ United States legal frameworks via litigation investment, to attack critical national industry and infrastructure, such as energy sectors. The group of 14 seeks the Department of Justice to detail how a network of federal agencies could engage a blueprint for defending United States independence from international litigation investors, hostile groups, agencies or governments such as Russia and China. This latest attack on the industry, prompted by the U.S. Chamber of Commerce, is simply another attempt to undermine the nascent and growing litigation funding sector. It is ironic, given that in the case of Consumer Legal Funding–which the Chamber specifically targets–the funding in question does not go to support legal fees, but rather to finance claimants’ livelihoods while they remain injured and unable to work. While the RNC’s funding of Trump’s legal battles does not constitute foreign investment, it illustrates the acceptance of third party legal funding across political lines, and should be noted by industry advocates looking to respond to the negative publicity put forth by the U.S. Chamber.

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Wikileaks: Julian Assange - Journalism, Leaks, Collateral Murder, Censorship
by grarpamp 20 Mar '23

20 Mar '23

https://www.youtube.com/watch?v=gVoUPnXqvNE The War on Journalism: The Case of Julian Assange Julian Assange MUST BE FREED. "If wars can be started by lies, then they can be stopped by truth. -- Julian Assange"

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Key FBI informant in Michigan governor kidnapping case charged with fraud
by jim bell 14 Mar '23

14 Mar '23

Key FBI informant in Michigan governor kidnapping case charged with fraud https://www.independent.co.uk/news/world/americas/fbi-informant-michigan-fr… In a fresh development to the high-profile Michigan governor kidnapping case, a key FBI informant has been charged with fraud. Wisconsin native Stephen Robeson was handed the charge last week, accused of defrauding a couple out of an SUV by convincing them to donate to a ‘charity’. He used a fabricated anti-child sex trafficking non-profit as a cover story, the criminal complaint states (via Buzzfeed).

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Re: FreeSpeech and Censorship: Thread
by grarpamp 14 Mar '23

14 Mar '23

US Left-Dem Wokesters Forcibly Topple and Erase History to Prop Up Baphomet... Illinois State Capitol Approves Satanic Monument https://www.youtube.com/watch?v=OHFs6zPVIlY The separation of church and state is a principle fundamental to the United States' constitution. Along with sanctifying the free exercise of religion, the establishment clause forbids the state from advancing a singular belief system above others. Balancing the diverse religious demographics of the United States is no easy task and its difficulty is magnified during the Christmas season as nativity scenes and other decor often attract objections from those who do not adhere to the Christian faith. This year, the Illinois State Capitol finds itself marred in controversy yet again as Christmas approaches but for reasons entirely antithetical to any display detracted from for advancing the Christian religion. For the third straight year, the Illinois State Capitol has decided to approve a display erected by the Church of Satan. This is the third display approved by the Satanic religious group, with the first instance occurring in 2018 then again in 2019 with a pause during 2020 due to pandemic restrictions before being showcased again this year. The 2021 edition of the Church of Satan's display beneath the Capitol rotunda is to mark its holiday of Sol Invictus, which will be observed on December 25th -- Christmas day. The "deity" Baphomet is the centerpiece of the display, transformed into an infantile interpretation of the Éliphas Lévi illustration included in the French occultist's 1856 treatise Dogma and Ritual of High Magic by an Albuquerque-based artist named Chris P. Andres. Lévi's image of Baphomet was incorporated into the pentagram designed by fellow French occultist Stanislas de Guaita in his 1897 work The Key to Black Magic which would be adopted as the Church of Satan's official seal following its creation in 1966 by Anton LaVey. The Church of Satan's holiday of Sol Invictus is a vestige of the pagan origins of Christmas. Sol Invictus was the sun god within the Roman pantheon of deity's whose festival was observed toward the end of what was previously celebrated as Saturnalia. The Cult of Sol Invictus in Rome still remains shrouded in mystery. Some historians view it as a mystery school similar to the Mithraic order that Constantine The Great belonged to while others view it as an Aurelian era revival of the cult of the late Roman Emperor Antoninus, who took the name Elagabalus after the Syrian sun god who he worshiped. Elagabalus was the first and only transsexual Roman Emperor who was assassinated in 222 AD, decades before the Cult of Sol Invictus arose. Regardless of the history of its origins, the contemporaneous celebration of the Satanic iteration of the holiday of Sol Invictus has been met with expected opposition. Bishop Thomas Parocki of the Diocese of Springfield, Illinois voiced his vitriol of the Satanic display vociferously. The American Society for the Defense of Tradition, Family and Property supported the diocese dissent by convening for prayer at the Capitol. Despite the outcry against the Satanic monument, organizations opposing it would be hard-pressed to accuse the Illinois State Capitol of advancing one religion over another. Since November 30th, the Capitol has also hosted a nativity scene of the birth of Jesus Christ erected by the Springfield Nativity Scene Committee. The Capitol also hosted a ceremony of the nativity scene on its own grounds when it was completed. The Sol Invictus display is another instance of the Church of Satan's public relations efforts. The organization recently filed a legal challenge to the State of Texas Heartbeat Bill claiming that its ceremonial practice of abortion was protected under the first amendment and their rights were violated by the law accordingly. For all its effort on the public relations front, the Church of Satan would have been prudent to invest more in legal research. Laws which act in the general welfare of a state interest like public health affecting but not designed to specifically inhibit religious exercise have been ruled upheld as constitutional following the 1998 case Employment Division v. Smith and subsequent case law affirming the precedent it sent. For all the benevolent intent it espouses by consecrating its Sol Invictus monument, the Church of Satan is less enthusiastic about discussing the exploitative practices of its founder as well as the checkered history of its other founding members. Michael Aquino, who died in 2020, was a priest within Church of Satan before starting The Temple of Set following his departure from LaVey's order. Aquino was famously renowned for his role pioneering psychological warfare linked to the CIA's notorious Project MKUltra as well as connections to child molestation cases at the Presidio daycare center in San Francisco and others linked to Lawrence E. King's criminal enterprise uncovered by the FBI's investigation into the Franklin Credit Union fraud scandal. Although there is plenty of reason to debate the integrity of the Church of Satan, the central question of the constitutionality of their display at the Illinois State Capitol is less debatable. In 2019, the United States' government officially recognized the Church of Satan as a religion under federal law. That year, the Church of Satan was awarded tax exempt status under Section 501(c)(3) of the Internal Revenue Service Code. Despite claiming that status, the Church of Satan has repeatedly contended that it is a non-theistic group with most members joining for entirely secular reasons. The decision of the Illinois State Capitol to display the Church of Satan's latest monument on its grounds is a perfect display of how difficult balancing the interests of different religious groups can become. While objections to the Baphomet monument continue to be raised, they are protected under the same amendment that protects the Church of Satan's freedom to exercise its religious beliefs. While the Church of Satan erected the display to symbolize its holiday of Sol Invictus, it does much more than represent an esoteric holiday -- it illustrates the starkly juxtaposed directions followed by citizens in an increasingly polarized society with eschatological undertones that are more becoming of the prophesized end times than the revelries of the holiday season.

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Second Draft (was MC Boss Webcomic, Re: Morning Spam)
by Karl 13 Mar '23

13 Mar '23

The first draft is still WIP, but the second is being brainstormed a little. I never expect to finish projects. This is a _fictional_ account, intended to _talk about real things via fiction_. I don't attend to the news, so it's all totally wrong and I have very few poignant events. The thorough coverup patterns have been altered to make what is happening more clear. It's June, 2016. A scruffy man approaches somebody on a way to a surgery. They move in a strange pace, a way they haven't walked much before, but they don't think much about it. They're talking to themselves. "Okay, but we're not going to hurt anybody. The gun's just for show. I have somewhere to be, you know?" They walk more purposefully. Suddenly, screaming. "Please! I don't want to do this! I don't like this person but I don't want to kill anybody! Please, oh God, oh God! Please! What is going on??" Tears and blood are flying. The shotgun is discharged three times. The man takes out a knife. "Something's moving my body! Oh my God, don't do this! I don't want to stab her, I don't want to stab her ... ! She's already dead!" The knife gashes a body fifteen times, and that of a bystander as well. Jo Cox lies died. https://en.wikipedia.org/wiki/Murder_of_Jo_Cox "Brexit!" the man's mouth cries, amidst his screams of complaint, as he runs off. [next could be: epstein's death which was called a suicide but has clear public evidence indicating it was murder by prison guard https://en.wikipedia.org/wiki/Murder_of_Jo_Cox ]

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xNY.io - Bank.org | DOJ Memo #3 - Goldman Sachs Deferred Prosecution Agreement
by Gunnar Larson 10 Mar '23

10 Mar '23

Dear Mr. Marzulli: The Department of Justice has yet to respond to Memo #1 <https://docs.google.com/document/d/1OsxfjN3TUepftKklopkQDSMwFWstWozuku4IPPu…>, Memo #2 <https://docs.google.com/document/d/10BYgCtCf9F7A4YnhN792cTBU6P-pfdaOg0UTRbt…> with our recent inquiry to the 1Malaysia Development Berhad Deferred Agreement. Goldman Sachs' Deferred Prosecution Agreement with the United States of America is in potential breach, with ethical enforcement being concerned. Memo #3 <https://docs.google.com/document/d/1QFZ2sFXx1cSYRcZTOGdPelZbVtuhpHuCKk011Uz…> aims to associate the malfeasance with the Marketplace Manipulation Please find a link to Memo #3 <https://docs.google.com/document/d/1QFZ2sFXx1cSYRcZTOGdPelZbVtuhpHuCKk011Uz…> here and also attached for your reference. Greatly looking forward to your reply. Sending you the very best regards. Respectfully yours, Gunnar -- *Gunnar Larson - xNY.io <http://www.xNY.io> | Bank.org <http://Bank.org>* MSc <https://www.unic.ac.cy/blockchain/msc-digital-currency/?utm_source=Google&u…> - Digital Currency MBA <https://www.unic.ac.cy/business-administration-entrepreneurship-and-innovat…> - Entrepreneurship and Innovation (ip) G(a)xNY.io +1-646-454-9107 New York, New York 10001

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Cryptocurrency: Crypto Goes RF with Locha Mesh Gotenna Satcom HAM GNURadio SDR and more...
by grarpamp 07 Mar '23

07 Mar '23

https://twitter.com/Locha_io https://locha.io/ Locha Mesh is open-source software & hardware to create the resilient network for private chat, censorship-resistant webs, Bitcoin and payments without internet. https://blockstream.com/satellite/ https://www.youtube.com/watch?v=LBM4bw3bhkM Locha Mesh: Monero Off the Grid https://www.youtube.com/watch?v=Vc0I8QQIOr4?t=507 https://github.com/btcven/locha https://old.reddit.com/r/Monero/comments/hm45f9/lochamesh_is_turning_people… https://video.twimg.com/ext_tw_video/1276930007072411650/pu/vid/640x360/l_1… https://old.reddit.com/r/Monero/comments/f281lt/ccs_funding_required_locha_… https://old.reddit.com/r/Monero/comments/esbznr/ccs_proposal_locha_mesh_pri… https://cointelegraph.com/news/venezuelan-team-working-on-bitcoin-mesh-netw… https://old.reddit.com/r/Bitcoin/comments/e8to20/to_all_the_clowns_the_liar… https://www.wired.com/story/cypherpunks-bitcoin-ham-radio/ https://old.reddit.com/r/Bitcoin/comments/dy5eac/bitcoin_sent_from_toronto_… https://inthemesh.com/archive/lot49-adding-payments-to-mesh-networks https://gotenna.com/blogs/newsroom/gotennas-vine-routing-protocol-provides-… https://repo.getmonero.org/monero-project/ccs-proposals/ https://cryptonewsmonitor.com/2018/01/22/samourai-wallet-introduces-bitcoin… https://old.reddit.com/user/rdymac/submitted/ https://blockstream.com/2019/05/11/en-gotenna-satellite-api-integration/ https://medium.com/hackernoon/completely-offline-bitcoin-transactions-4e583… https://old.reddit.com/r/Bitcoin/comments/e95ugd/can_someone_make_bitcoin_w… https://disaster.radio/ https://mobile.twitter.com/nvk/status/1095354354289135617 https://txtenna.com/ https://en.wikipedia.org/wiki/Wireless_mesh_network https://www.lopp.net/bitcoin-information.html https://www.bitcoinvenezuela.com/

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The National Congress of American Indians Resolution #ECWS-23-005 TITLE: Offshore Wind Moratorium
by Gunnar Larson 06 Mar '23

06 Mar '23

https://assets.bwbx.io/documents/users/iqjWHBFdfxIU/r2DmaqtznhvU/v0 The National Congress of American Indians Resolution #ECWS-23-005 TITLE: Offshore Wind Moratorium WHEREAS, we, the members of the National Congress of American Indians of the United States, invoking the divine blessing of the Creator upon our efforts and purposes, in order to preserve for ourselves and our descendants the inherent sovereign rights of our Indian nations, rights secured under Indian treaties and agreements with the United States, and all other rights and benefits to which we are entitled under the laws and Constitution of the United States and the United Nations Declaration on the Rights of Indigenous Peoples, to enlighten the public toward a better understanding of the Indian people, to preserve Indian cultural values, and otherwise promote the health, safety and welfare of the Indian people, do hereby establish and submit the following resolution; and WHEREAS, the National Congress of American Indians (NCAI) was established in 1944 and is the oldest and largest national organization of American Indian and Alaska Native tribal governments; and WHEREAS, the government has a legal obligation to consult with Tribal Nations on any activities that may affect their lands or resources; and WHEREAS, the Biden administration encourages through the January 26, 2021 Memorandum, “Tribal Consultation and Strengthening Nation-to-Nation Relationships” to improve tribal engagements; and WHEREAS, the Biden administration in the November 30, 2022 Memorandum requires “Uniform Standards for Tribal Consultation”; and WHEREAS, the Biden Administration has embraced the need to expand tribal consultation to incorporate the essential importance of tribal co-stewardship and co- managment of traditional tribal lands and waters as recently as Assistant Secretary Bryan Newland’s statement before the General Assembly of NCAI on February 22, 2023; and WHEREAS, President Biden issued a Memorandum on December 1, 2022, titled, “Implementation of Guidance for Federal Departments and Agencies on Indigenous Knowledge,” requires federal agencies to integrate Indigenous Knowledge as a line of evidence in federal decision-making; and WHEREAS, incorporating tribal Indigenous Traditional Ecological Knowledge, through co-management of traditional lands and the associated life forms is critical to protecting tribal environment and is essential to Biden Administrations’ stated goal of respecting and including Indigenous Traditional Ecological Knowledge in decision making; and WHEREAS, these policies must apply to energy development projects that may impact their traditional territories, cultural resources, or sacred sites; and WHEREAS, Tribal Nations must be included in the management, permitting and development of power purchase agreements and both consulted and included in determining the terms and conditions of the agreements; and WHEREAS, this includes negotiating fair compensation for the use of their lands and resources, inclusion in any revenues associated with such development of their traditional resources as well as ensuring that the development does not harm their environment or cultural heritage. NOW THEREFORE BE IT RESOLVED, NCAI resolves to support shared tribal jurisdictional authority over and tribal management of offshore renewable energy activities, aimed at empowering Native communities through socio-economic benefits such as job opportunities, revenue sharing, and support for tribal energy development projects; and BE IT FURTHER RESOLVED, that NCAI strongly urges the Department of the Interior and the Bureau of Ocean Energy Management to halt all scoping and permitting for offshore wind projects until completion of a comprehensive and transparent procedure adequately protecting tribal environmental and sovereign interests is developed and implemented; and BE IT FINALLY RESOLVED, that this resolution shall be the policy of NCAI until it is withdrawn or modified by subsequent resolution. CERTIFICATION The foregoing resolution was adopted by the General Assembly at the 2023 Executive Council Winter Session of the National Congress of American Indians, held February 20-23, 2023, in Washington, D.C., with a quorum present. Fawn Sharp, President ATTEST: _________________________________ Stephen Roe Lewis, Recording Secretary

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The $100 Billion Offshore Wind Industry Has a Whale Problem
by Gunnar Larson 05 Mar '23

05 Mar '23

The $100 Billion Offshore Wind Industry Has a Whale Problem https://www.bloomberg.com/news/articles/2023-02-18/why-are-whales-dying-in-…

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