MESSAGE
| DATE | 2026-05-02 |
| FROM | Ruben Safir
|
| SUBJECT | Re: [Hangout - NYLXS] amicus - complaint cleaned version...
|
On 5/2/26 1:17 PM, Marc Randazza wrote:
> yes, here it is again
> https://scholarship.law.vanderbilt.edu/jetlaw/vol18/iss4/3/
>
>
Years ago, when Wendy was a very young women, we had a discussion over
if courts can provide the necessary legal protections for the public, or
if we needed legistlative changes. She believed that courts can bring
about such protections through case law, and constitutional
interpretation. I have no such confidence. I've seen the courts make
many wrong interpretations of the law for decades. The courts can't
even get facts straight, which it has in common with the copyright
commision.
I once noted that if one makes an EXACT copy of an ecrypted DVD that it
would be read exactly like the original in an approved DVD device, even
under the DMCA, and therefor the cryptography that is used on DVDs does
essentially nothing to prevent bootlegging. All it does in interfere
with interoperability and the write to listen to legal DVDs on privately
owned computer systems.
The copyright commision debated this for 10 minutes and finally
concluded that if the MPAA representatives say that it is not possible
and the system prevented that (the creation of exact copies of DVDs that
can be read exactly like the original since they both had the same exact
encryption and identical, byte by byte), then I must be wrong. Of
course I was right.
The courts also hold that the first ammendment and the 4th ammendment
can be nullified by the Bern Convention, because treaties can overrule
the Bill of Rights. That is, of course, also wrong and very dangerous.
Our political and legal theory places God given sovernty to the
individual. Individuals come together to form Governments through
consent of the governed. No treaty can nullify those indivual rights,
otherwise the government itself is no longer legitimate.
We are talking about the Courts of the US which have never been free of
political influence, no, perhaps should they be. The US courts have
conjoured up all kinds of garbage to justify results that they wanted.
For Gods sake, the NY Southern Court make George Harison pay out half a
millions of dollars in damages because they found a THREAD of similarity
between "My Sweet Lord" and "He's so fine", TWO SONGS THAT ARE NOTHING
LIKE EACH OTHER. Harisons response was spot on. He said in Rolling
Stone: “It’s difficult to just start writing again after you’ve been
through that. Even now, when I put the radio on, every tune I hear
sounds like something else.” How is THAT for encouraging the production
of creative works...
How many years of great artistry did we lose from George Harrison
because of the courts stupid misinterpretation of the facts and the law.
Harison said in interviews: “We were accused of copying, but far more
people have copied from us than we’ve copied from them — it’s a bit
unfair.” and "I don't feel bad or guilty about it... it’s a bit of a
joke that I was sued for a three-note motif when more people have
derived works from me than the reverse."
“Everything’s derived from something else — music is always borrowed
from somewhere. You just put your own twist on it.” (1992 interview with
Timothy White for Musician magazine)
John Lennon's response was, "Music is everybody’s business. It’s only
the publishers who think people own it.”
And the courts are simultaneously oddly conservative in their rulings.
Once a mistake is made, forget about having it overturned with anything
short of a societal revolution. This is the court system that gave us
Dread Scott decision.
NY Fair Use and NYLXS will not acquiesce to a legal construction whereby
the 1st and 4th amendment can be nullified by a badly written copyright
law, or an international treaty.
The reason why we got to this point where these constructions are
considered acceptable is because the publishers for generations have
knowingly and falsely repeated these falsehoods, knowing full well they
are lies and destructive to civil rights. Generation after generation
was inundated with these lies through the press and media which these
firms controlled until finally it was accepted as normative, and the
obvious contradictions swept under the rug.
No single court case is going to fix this. Unless the Supreme Court
picked up the DMCA and ruled it completely unconstitutional, which it
should had (as early as 1998), as things stand __now__, we are going to
continue with this condition where we can't hack our cellphones which do
24/7 surveillance of the public, or fix our ventilators in the middle of
a Pandemic, or argue our points in public or even discuss evidence of
the Holocaust....etc etc etc.without stepping on someones copyright.
And this latest generation is more stupid than any of the previous ones
as they own NOTHING can can't find a local grocery store without being
given step by step directions from a copyrighted GPS mapping program on
their locked down digital device.
If the Amicus can be fixed to comply with doctrine as I stated, great.
If not, there is nothing we can do. We will not concede this point of
law. It is a danger to civil society and it is immoral.
I'm not convinced any court case can make the social change we need to
support our rights. We would be better rewriting the entirety of
copyright law as a new body of legislation and promoting that to the public.
Mind you, NYFU and NYLXS are not legal societies. We don't practice the
law. We advocate for proper copyright enforcement and digital freedom.
Ruevain
>
> On Sat, May 2, 2026 at 11:47 AM Aviva wrote:
>
>> On 5/2/26 7:06 AM, Marc John Randazza wrote:
>>> Not offering any editing to this at all because it would be I think
>> improper of me to suggest content for the brief, but Ruben, you may find
>> personal inspiration in this article, particularly the section beginning at
>> p 759, and also at 770.
>>>
>>
>> Is there an article attached to this that I missed?
>>
>>
>> Aviva
>>
>>
>>>
>>>
>>> Marc John Randazza, JD, MAMC, LLM
>>>
>>> Randazza Legal Group
>>>
>>> Las Vegas - Gloucester - Miami
>>>
>>> Sent from iPhone (maybe even using Siri). If the message is at all
>> intelligible, it is a minor miracle.
>>>
>>>
>>>> Il giorno 2 mag 2026, alle ore 04:26, Ruben Safir
>> ha scritto:
>>>>
>>>> for reference: http://fairuse.nylxs.com/legist.html
>>>>
>>>>
>>>> I think this is a problem:
>>>>
>>>> "It is equally committed, however, to preserving the fair use
>>>> defense—copyright’s “built-in First Amendment accommodation,” Eldred v.
>>>> Ashcroft, 537 U.S. 186, 219 (2003)—without which copyright would lose
>>>> its constitutional grounding."
>>>>
>>>>
>>>> NYFU does not believe that fair use is a defense against copyright
>>>> violations. We think it is inherent property of free speech and
>>>> protection and security of ones private papers. All published and
>>>> available public works have fair use as an integral component. You
>>>> can't have copyright without fair use if you expect to support human
>>>> rights as they are defined in the constititional ammedments, and as the
>>>> public has come to expect in the exercise of their day to day freedom.
>>>> And that is the problem, in a nutshell. We submit that human beings can
>>>> not possibly communication and participate in society without free
>>>> access to the human culture in which we live, any more than a fish can
>>>> live outside of water.
>>>>
>>>> We think that the public has a natural and inaleanable constitional
>>>> right, enshrined under the 1st and 4th amendment, to access and use of
>>>> all materials and that copyright holders, in any pursuit for damages
>>>> under copyright grants, (any copyright law) needs to prove that any use
>>>> was not fair use, or they have no case, not the other way around.
>>>>
>>>> Furthermore, the abuse of copyright law to restrict a fair use of
>>>> material in an attempt to create exanded rights, never intended by the
>>>> constitution, to non-related legal actions, as in this case seems which
>>>> seems to be an attempt to suppress evidence in a legal matter, should be
>>>> strongly rebuted by the court and such an abuse of copyright should
>>>> cause punitive damages, to include the payment of legal fees to defend
>>>> such matters, which is a completely inappropriate use of a copyright.
>>>>
>>>> Copyright is a limited grant for business purposes to promote the
>>>> creation of useful invention and works, and never intended to suppress
>>>> evidence of wrong doing.
>>>>
>>>> If my understanding of the specific facts of this case is wrong, my
>>>> apologies, but we stand, regardless, behind this legal principle.
>>>>
>>>> We can't have a situation where copyright holders are sueing the public
>>>> willie-nillie everytime a published work in the public sphere is used in
>>>> a manner objectionable to the copyright holder. It will be and it is
>>>> currently, total chaos.
>>>>
>>>> Reuvain
>>>>
>>>>
>>>>> On 5/1/26 1:41 PM, Ronald D. Coleman wrote:
>>>>> Maybe I sent to everyone EXCEPT Ruben. I just re-sent it.
>>>>>
>>>>> Ronald D. Coleman
>>>>> COLEMAN LAW FIRM, PC
>>>>> 50 Park Place, Suite 1105
>>>>> Newark, NJ 07102
>>>>> 973-264-9611
>>>>> Admitted to practice in New Jersey and New York
>>>>>
>>>>> -----Original Message-----
>>>>> From: Marc John Randazza
>>>>> Sent: Friday, May 1, 2026 1:36 PM
>>>>> To: Ruben Safir
>>>>> Cc: Ruben Safir ; Ronald D. Coleman <
>> rcoleman-at-colemanlaw-pc.com>
>>>>> Subject: Re: amicus
>>>>>
>>>>> Wanna make sure you guys are not miscommunicating because Ron sent it
>> to you. Maybe it’s in a spam folder or something
>>>>>
>>>>>
>>>>> Marc John Randazza, JD, MAMC, LLM
>>>>>
>>>>> Randazza Legal Group
>>>>>
>>>>> Las Vegas - Gloucester - Miami
>>>>>
>>>>> Sent from iPhone (maybe even using Siri). If the message is at all
>> intelligible, it is a minor miracle.
>>>>>
>>>>>
>>>>>>> Il giorno 1 mag 2026, alle ore 12:58, Ruben Safir <
>> ruben-at-mrbrklyn.com> ha scritto:
>>>>>> On Fri, May 01, 2026 at 12:31:57PM -0400, Marc Randazza wrote:
>>>>>>> all set?
>>>>>>>
>>>>>> I haven't heard anything back from him yet. He asked for background
>>>>>> info. I gave it to him and then he asked me what we wanted done :(
>>>>>>
>>>>>> I so told him to write the amius and we'll sign it. But he then went
>>>>>> radio silent
>>>>>>
>>>>>>
>>>>>>> --
>>>>>>>
>>>>>>> ______________________________________
>>>>>>>
>>>>>>> *Marc John Randazza, JD, MAMC, LLM* *| *Randazza Legal Group*
>>>>>>> 8991 W. Flamingo Road, Unit B, Las Vegas, NV 89147
>>>>>>> 30 Western Avenue, Gloucester, MA 01930
>>>>>>> 2 S Biscayne Boulevard, Suite 2680, Miami, FL 33131
>>>>>>> Tel: 702-420-2001 | Email: mjr-at-randazza.com Firm Offices - Las Vegas
>>>>>>> | Miami | New England ______________________________________
>>>>>>>
>>>>>>> * Licensed to practice law in Arizona, California, Florida,
>>>>>>> Massachusetts, and Nevada.
>>>>>> --
>>>>>> So many immigrant groups have swept through our town that Brooklyn,
>>>>>> like Atlantis, reaches mythological proportions in the mind of the
>>>>>> world - RI Safir 1998
>>>>>>
>> https://urldefense.proofpoint.com/v2/url?u=http-3A__www.mrbrklyn.com&d
>>>>>> =DwIFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=VVbV5ht1vRGQt5
>>>>>> SRJ8brlLM6OLtqVjPlCSmjsHlXyso&m=82_QE8tXUWmAQQPfNhTwhF9KET2WzhYeNXzU3W
>>>>>> qTcFfAxosQmkArcOdZxYgiAAJC&s=ab4tSOlHdcwdLyDTpB1_jrE2HFsim-o44NJN7GDrK
>>>>>> Mk&e=
>>>>>>
>>>>>> DRM is THEFT - We are the STAKEHOLDERS - RI Safir 2002
>>>>>>
>> https://urldefense.proofpoint.com/v2/url?u=http-3A__www.nylxs.com&d=Dw
>>>>>> IFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=VVbV5ht1vRGQt5SRJ
>>>>>>
>> 8brlLM6OLtqVjPlCSmjsHlXyso&m=82_QE8tXUWmAQQPfNhTwhF9KET2WzhYeNXzU3WqTcFfAxosQmkArcOdZxYgiAAJC&s=ABOlzw0vRdsS5IpJPTp78FZ60d2CQHK2aqAIWyJ4MpQ&e=
>> - Leadership Development in Free Software
>> https://urldefense.proofpoint.com/v2/url?u=http-3A__www2.mrbrklyn.com_resources&d=DwIFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=VVbV5ht1vRGQt5SRJ8brlLM6OLtqVjPlCSmjsHlXyso&m=82_QE8tXUWmAQQPfNhTwhF9KET2WzhYeNXzU3WqTcFfAxosQmkArcOdZxYgiAAJC&s=3FPqmV30110bXUMw2OIUuOOKCN6k69JECSzzb-19swQ&e=
>> - Unpublished Archive
>> https://urldefense.proofpoint.com/v2/url?u=http-3A__www.coinhangout.com&d=DwIFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=VVbV5ht1vRGQt5SRJ8brlLM6OLtqVjPlCSmjsHlXyso&m=82_QE8tXUWmAQQPfNhTwhF9KET2WzhYeNXzU3WqTcFfAxosQmkArcOdZxYgiAAJC&s=u6PmGhuijkm1d2vLuVv2OCRZYJtL1yoniOXfiNuaN_M&e=
>> - coins!
>>>>>>
>> https://urldefense.proofpoint.com/v2/url?u=http-3A__www.brooklyn-2Dliv
>>>>>> ing.com
>> &d=DwIFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=VVbV5
>>>>>> ht1vRGQt5SRJ8brlLM6OLtqVjPlCSmjsHlXyso&m=82_QE8tXUWmAQQPfNhTwhF9KET2Wz
>>>>>> hYeNXzU3WqTcFfAxosQmkArcOdZxYgiAAJC&s=9dZO-F6xNWjRPXlyG0r7nTr4pOsX6ZWE
>>>>>> 6sj5NGXYPkU&e=
>>>>>>
>>>>>> Being so tracked is for FARM ANIMALS and extermination camps, but
>>>>>> incompatible with living as a free human being. -RI Safir 2013
>>>>>>
>>>>
>>>> --
>>>> So many immigrant groups have swept through our town
>>>> that Brooklyn, like Atlantis, reaches mythological
>>>> proportions in the mind of the world - RI Safir 1998
>>>> http://www.mrbrklyn.com
>>>> DRM is THEFT - We are the STAKEHOLDERS - RI Safir 2002
>>>>
>>>> http://www.nylxs.com - Leadership Development in Free Software
>>>> http://www.brooklyn-living.com
>>>>
>>>> Being so tracked is for FARM ANIMALS and extermination camps,
>>>> but incompatible with living as a free human being. -RI Safir 2013
>>>>
>>> _______________________________________________
>>> Hangout mailing list
>>> Hangout-at-nylxs.com
>>> http://lists.mrbrklyn.com/mailman/listinfo/hangout
>>
>>
>>
>
--
So many immigrant groups have swept through our town
that Brooklyn, like Atlantis, reaches mythological
proportions in the mind of the world - RI Safir 1998
http://www.mrbrklyn.com
DRM is THEFT - We are the STAKEHOLDERS - RI Safir 2002
http://www.nylxs.com - Leadership Development in Free Software
http://www.brooklyn-living.com
Being so tracked is for FARM ANIMALS and extermination camps,
but incompatible with living as a free human being. -RI Safir 2013
_______________________________________________
Hangout mailing list
Hangout-at-nylxs.com
http://lists.mrbrklyn.com/mailman/listinfo/hangout
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