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Internet Intimidation Threatens Public Health - Federal Judge Dismisses Case Against Non-Profit

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  • Internet Intimidation Threatens Public Health - Federal Judge Dismisses Case Against Non-Profit

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    <embed src="http://www.youtube.com/v/5N3WJXK2PAM&hl=en_US&fs=1" type="application/x-shockwave-flash" allowscriptaccess="always" allowfullscreen="true" width="480" height="385"></object>


    "We must not confuse dissent from disloyalty. We must remember always, that accusation is not proof, and that conviction depends upon evidence and due process of law.

    We will not walk in fear, one of another, we will not be driven by fear into an age of unreason.

    If we dig deep into our history and our doctrine, we will remember we are not descended from fearful men.

    Not from men who feared to write,

    to speak,

    to associate,

    and to defend causes that were, for the moment, unpopular.


    This is no time for men who oppose Sen. McCarthy's methods to keep silent or for those who approve.

    We can deny our heritage and our history but we cannot escape responsibility for the result.

    There is no way for a citizen of the republic to abdicate his responsibilities.

    As a nation we have come into our full inheritance at a tender age.

    We proclaim ourselves as indeed we are, the defenders of freedom where ever it still exists in the world. But we cannot defend freedom abroad by deserting it at home. The actions of the Junior Senator from Wisconsin have caused alarm and dismay amongst our allies abroad and given considerable comfort to our enemies.

    And who's fault is that? Not really his; he didn't create this situation of fear, he merely exploited it, and rather successfully.

    Cassius was right: the fault, dear Brutus, is not in our stars, but in ourselves." EM


    As many of you know we are attacked daily by unwanted attempts to gain access to our server.

    For some reason our site, which posts about the status of diseases, is a threat to someone.

    This has been a continuous situation for more than a year.

    Our response has been to continue our mission here:

    FluTrackers.com Inc. is dedicated to the public health of the world’s citizens by advancing policies, protocols, innovations, and practices that improve the health of vulnerable populations. We will enhance the health of communities by informing, educating, developing and maintaining integrated programs. We recognize and stress the importance of the relationship between human rights and health status.

    We have survived in spite of very little money, personal tragedies, economic ruin.

    We have come together from many parts of the world to try to enhance the lives, even in a small way, our common man.

    We have helped many. I see the data in the server. Many hospitals, health care providers, universities, libraries, moms, dads.

    And main stream media.

    I have received many emails and phone calls over the years from them asking me "what is going on"?

    We have provided this information for free.

    At great expense to us. Our families. Our equipment. Our internet bills.

    We have seen foreign stories that we have translated picked up by main stream media along with our analysis. Then these stories are re-worded and cycled through smaller media outlets.

    And for this we have never asked for, nor received, a penny.

    In the service of our fellow man we have provided this information and we celebrate when we see it widely disseminated. Quid Pro Quo.

    We believe in the internet.

    We believe that citizens, when given the chance, and the information, will be the standard bearers for a better time.

  • #2
    Re: Internet Intimidation Threatens Public Health

    Chilling Effects Clearinghouse


    A joint project of the Electronic Frontier Foundation and Harvard, Stanford, Berkeley, University of San Francisco, University of Maine, George Washington School of Law, and Santa Clara University School of Law clinics.

    Do you know your online rights? Have you received a letter asking you to remove information from a Web site or to stop engaging in an activity? Are you concerned about liability for information that someone else posted to your online forum? If so, this site is for you.



    Chilling Effects aims to help you understand the protections that the First Amendment and intellectual property laws give to your online activities. We are excited about the new opportunities the Internet offers individuals to express their views, parody politicians, celebrate their favorite movie stars, or criticize businesses. But we've noticed that not everyone feels the same way.

    Anecdotal evidence suggests that some individuals and corporations are using intellectual property and other laws to silence other online users.



    Chilling Effects encourages respect for intellectual property law, while frowning on its misuse to "chill" legitimate activity.



    more...


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    • #3
      Re: Internet Intimidation Threatens Public Health

      Berkman Center for Internet Society

      The Berkman Klein Center's mission is to explore and understand cyberspace; to study its development, dynamics, norms, and standards; and to assess the need or lack thereof for laws and sanctions.


      About


      Mission

      The Berkman Center's mission is to explore and understand cyberspace; to study its development, dynamics, norms, and standards; and to assess the need or lack thereof for laws and sanctions.


      We are a research center, premised on the observation that what we seek to learn is not already recorded. Our method is to build out into cyberspace, record data as we go, self-study, and share. Our mode is entrepreneurial nonprofit.



      Comment


      • #4
        Re: Internet Intimidation Threatens Public Health

        Cyberlaw Clinic


        The Cyberlaw Clinic provides high-quality, pro-bono legal services to appropriate individuals, small start-ups, non-profit groups and government entities regarding cutting-edge issues of the Internet, new technology and intellectual property. Harvard Law School students enhance their preparation for high-tech practice and earn course credit for working on a variety of real-world litigation, client counseling, advocacy, legislation, and transactional/licensing projects and cases.




        http://cyber.law.harvard.edu/teaching/clinical

        Comment


        • #5
          Re: Internet Intimidation Threatens Public Health

          hat tip Harvard Berkman Center for Internet and Society




          Judge Gives Online Newspaper Opinion Posters Protection Under Constitution






          Xoilac TV - Không gian xem bóng đá tuyệt vời tại xôi lạc tv. Tại xoilactv - nơi bạn có thể xem trực tiếp bóng đá với tốc độ cao. Truy cập ngay xoilac 7 ngay.

          Comment


          • #6
            Re: Internet Intimidation Threatens Public Health

            I am very pleased to announce that Online Media Legal Network / Citizen Media Law Project at the Berkman Center at Harvard University is helping us.

            We have a conference with a staff attorney at Harvard this Friday.


            "The Online Media Legal Network (OMLN) is a network of law firms, law school clinics, in-house counsel, and individual lawyers throughout the United States willing to provide pro bono (free) and reduced fee legal assistance to qualifying online journalism ventures and other digital media creators."




            Our goal to establish a relationship for the future. Also we have a common concern about "Chilling Effects" on the Internet.

            Chilling Effects Clearinghouse

            "A joint project of the Electronic Frontier Foundation and Harvard, Stanford, Berkeley, University of San Francisco, University of Maine, George Washington School of Law, and Santa Clara University School of Law clinics."




            We are humbled that this group would agree to add us to the list of deserving projects for pro bono legal advice, and other services, if needed.


            "OMLN supports promising ventures and innovative thinkers in online and digital media by providing access to legal help that would otherwise be unavailable.

            Lawyers participating in the network can assist qualifying clients with a broad range of legal issues, including business formation and governance, copyright licensing and fair use, access to government information, pre-publication review of content, and representation in litigation."

            Thank you everyone for developing and maintaining a platinum standard of excellence!

            Comment


            • #7
              Re: Internet Intimidation Threatens Public Health

              September 28th, 2010 A Field Guide to Copyright Trolls

              Commentary by Corynne McSherry


              With all of this talk about copyright trolls and spamigation, it is easy to get confused. Who is suing over copies of Far Cry and The Hurt Locker? Who is suing bloggers? Who is trying to protect their anonymity? Who is defending fair use? What do newspapers have to do with any of this? In order to cut through the confusion, here?s a concise guide to copyright trolls currently in the wild, with status updates.

              more....

              With all of this talk about copyright trolls and spamigation, it is easy to get confused. Who is suing over copies of Far Cry and The Hurt Locker? Who is suing bloggers? Who is trying to protect their anonymity? Who is defending fair use? What do newspapers have to do with any of this? In order to...

              Comment


              • #8
                Re: Internet Intimidation Threatens Public Health

                Due to the Crack Down on the Internet we are not publishing the notices for seasonal/novel influenza vaccine distribution (shot clinics) as we did last year because we feel that in the current litigious climate we can not depend on the doctrine of fair use to be upheld in the courts.

                The problem is - what do you "snip" out?

                The location?

                The time?

                The cost?

                This situation is a travesty and we apologize for not being able to offer this humanitarian service this year.

                Hopefully the US federal courts will define fair use to include wide dissemination of material that is a benefit to society.

                Last edited by sharon sanders; December 21, 2010, 10:35 AM. Reason: format

                Comment


                • #9
                  Re: Internet Intimidation Threatens Public Health

                  There is hope for fairness and common sense -


                  Fair Use For the Win in Righthaven Case
                  News Update by Kurt Opsahl

                  Last Friday, a judge in the Nevada federal district court patiently explained why fair use disposes of Righthaven's copyright claim arising from the republication of an entire news article by a nonprofit organization. The hearing was in one of the now-250 Righthaven copyright cases. A written order, which will help set a persuasive precedent for other copyright troll cases, will be issued later.

                  The hearing was in Righthaven v. Center for Intercultural Organizing. Righthaven sued CIO, an Oregon non-profit organization promoting immigrant rights, alleging copyright infringement of a Las Vegas Review-Journal article. Righthaven did not create the news article, but claims the right to sue based on an assignment from the LVRJ.

                  The copyright troll's business model is to search for blogs and websites that include a newspaper's material, acquire the right to sue on particular articles from the paper, and then file a lawsuit without any prior notice to the defendant. Righthaven seeks the maximum damages under the Copyright Act as well as control over the domain name, but is willing to settle for four-figure sums that seem calculated to be less than the cost of defense. Meanwhile, the actual articles that Righthaven sues over remain available for no charge on the newspaper website.

                  At the hearing, the Judge went through each of the four factors of a fair use analysis, explaining why they favored a finding of fair use and why Righthaven's legal arguments were unavailing. The judge noted that the work was being used by Righthaven "exclusively for lawsuits", and the lawsuits were having a "chilling effect" on fair uses. Since Righthaven's use of the work "does nothing to advance the Copyright Act's purpose, which is to encourage and protect creativity," Judge Mehan was inclined to find CIO's non-commercial use to be fair even thought it used the entirety of the article.

                  The Judge asked the defendants and amicus Professor Jason Schultz to draft the order. Righthaven will have an opportunity to comment before it is signed by the Judge and becomes final.

                  This case is the second case to rule on the merits of Righthaven's copyright-trolling lawsuits. The first, Righthaven v. Realty One, also found a fair use. Righthaven says it intends to appeal both cases.

                  EFF is representing the defendants in two Righthaven cases - Righthaven v. Democratic Underground and Righthaven v. DiBiase.

                  Last Friday, a judge in the Nevada federal district court patiently explained why fair use disposes of Righthaven's copyright claim arising from the republication of an entire news article by a nonprofit organization. The hearing was in one of the now-250 Righthaven copyright cases. A written order...

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