[DMCA-Activists] Citizens' Open Declaration Against Corporate Injustice

[Seth Johnson]

(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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