I’m a crappy chess player. This became clear to me when my 8 year-old nephew beat me while explaining, “The horsey piece can only move in an “L” way Uncle Spocko!”
One of the things they say you learn from chess is thinking several moves ahead, anticipating your opponent’s responses and acting accordingly. I learned this skill from life experience.
Right now I’m watching Mr. Robot. They are looking at the personal reasons people fight big institutions, as well as the human cost of those fights. That’s the part people don’t see, and it can be exhausting.
When I went about the process of defunding RW talk radio, I knew I needed to anticipate how they would respond to my actions. Then, how they would respond to my responses.
When I started alerting advertisers to the violent rhetoric, sexism and bigotry coming from the RW radio hosts I knew the radio station would use multiple excuses to keep the advertisers. First they discredited me, and then the information. Next, threats of arrest from law enforcement agencies, then hints of exposure of my identity. Finally legal threats, which they carried out. They threw around phrases like libel, tortuous interference with contract and copyright violation before they settled on a bogus copyright violation action.
I had read some books on the topics to prepare, but the smartest move I made was talking to a lawyer at the Electronic Frontier Foundation. Following that conversation, I made sure what I wrote and posted on my blog would meet the four factors of Fair Use.
Even though I met both the spirit and the letter of the law, ABC/Disney lawyers still sent an cease and desist letter to my ISP, 1&1 Hosting, who folded like a cheap umbrella.
Lawsuits: PR Gifts, Personal Nightmares or Both?
People who have money and power have easy access to lawyers and “fixers.” They see lawsuits and threats of lawsuits all the time. They use them as tools. They know when to dismiss them as “saber rattling” or when to use them as opening shots in a longer game.
But for normal people getting threatened with a lawsuit from one of the largest media corporations in the world is the stuff of stress nose bleeds and very un-Vulcan like floods of tears.
Following my victory over KSFO/ABC/Disney I made sure everyone I talked to who wanted to use the Spocko Method understood the law, how it might be used against them and how to prepare for the attacks. (Right now my friends in #stoprush are seeing personal attacks vs. legal attacks. He doesn’t have a legal leg to stand on so uses other methods. Power players don’t like it when you interfere with their revenue streams. Corporate bullies don’t always back down when they are wrong. They will play dirty.)
The good news is that for advocates who want to use copyrighted material to educate, critique, challenge or parody powerful groups, there are new tools.
I would have liked to have had that when I was planning my action and preparing for the reaction, but I still would have needed the help of actual human lawyers.
I thought my case was clear cut fair use, but that didn’t mean I still wouldn’t be threatened with a suit. It means little to them to send a threatening legal letter, but it was a huge deal to me. That is why someone having your back is so important.
Big institutions and ideological groups use multiple tools to stay in power and enforce their will. These days, the corporations use automated tools to protect themselves and take action. It’s hard to reason with a DCMA take down bot. You need to understand its criteria before the fight because if you try to fight it during a hot issue, the opportunity might pass.