About Me  | Most Recent Posts Hi-Def Contest offering Football & False Light DefamationPosted Aug-29-06 13:06:59 PDT Updated Aug-29-06 13:15:11 PDT R U DEF? Contesting Defamation? and the Winner is... Those could be the advertising logos for the Law Class of 2007 now that a popular food company, has added yet one more detail to the liability waiver of their online contest. They must have expanded their corporate risk assessment division just for this event ;,). Sign up 5 times a day for a chance to win one of 300 Hi-Def TV's, Football connection explained in the rules, but notice you waive the right to sue them for False Light Defamation if you win a Hi Def Television. If you haven't read my other Blog entries, this liability waiver is in addition to a publicity waiver where they obtain the right to use your name, likeness, and voice for use anywhere in the world, in perpetuity. Hopefully not while their defaming you, because I actually like this companys' chips and dips! It appears more and more that corporations are on the road to competing with the Press in how they want to be able to portray individuals, or are they telling us that they won't be responsible for defamation directed against you by your fellow blogger or neighbor for accepting this prize? Either way, it's a delicately sad commentary on the state of individual rights as well as the morality of individuals that this should become part of the rules of a contest. In 1986 the U.S. Congress entered the Television arena by being broadcast live. They came into the television world screaming and yelling for attention and have not ceased in two decades. By 1988 an official at the International Telecommunications Union, the United Nation's body that regulates satellites and other technical aspects of international broadcast, told me in an interview that the U.S. Congress had the capability to use eavesdropping technology in your home. Actually, he meant my home. I was starting research for discovery in a civil rights lawsuit against an international news organization. It was a civil action about the "process" the press uses in post-employment blacklisting. I entered many documents from the U.N indicating that the invasion of the integrity of an individual was a deliberate process that satellite systems were enhancing. In the decades since my lawsuit, despite very aggresive writing campaigns, these issues have failed to be debated in public. On the dark side of Big Brother and Big Corporations, is this False Light Defamation waiver telling us that by putting a HD-TV in our home a corporation may also be facilitating False Light Defamation? An action for witch (spelling correct) we can't hold them responsible? I guess we'll be leaving that debate up to the Law Class of 2007 and the professors using Prosser on Torts. The gentleman I interviewed at the United Nations in 1988 went on to work in the HD-TV division of the I.T.U., what a twist of fate. These little details are so wicked! ShoeBox full of LINKS, Bigbrother.org & More..."Say hello to the Skype Trojan"Posted Jun-22-06 09:01:29 PDT Updated Jun-23-06 14:48:35 PDT My little fake film studio is a training ground for self-motivated activists and filmmakers. Sometimes I sell off stuff that won't work as a prop or just isn't useful anymore as a training tool. I was the first or one of the first in the 1980's to bring a lawsuit in a federal court about dataveillance as a form of retaliation. It is an extremely serious subject, sometimes life threatening. I'm a 20 year veteran of a fight against Data Surveillance both in the Federal Courts and in every day life, make no mistake this is my JOB. The last time I saw a SHOEBOX put to good use was in late 1980's in central Florida at the time of the last Amnesty for "illegal aliens", ok I don't want' to argue if it is politically correct. Veteran I say because of the VIOLENCE that accompanied the data surveillance that was U.S. Government incited. If I do anything well, it's to give you links to find out more about possible Security Risks of Dataveillance and many other technologies, some being used on ebay. After that you're on your own! BIG BROTHER AWARDS & MORE worldwide: http://www.bigbrother.org Dozens of links SECURITY FOCUS: http://www.securityfocus.com/news/11348?ref=rss "Say hello to the SKYPE Trojan" Forum on Risks to the Public in Computers and Related Systems: http://catless.ncl.ac.uk/Risks/24.33.html The RISKS Digest:A decades old forum! Postal Service Contest on Ebay & Abrogation of RightsPosted Jun-22-06 01:43:32 PDT Updated Jun-23-06 14:50:08 PDT First, the purpose of this Blog is to raise questions about issues you may not be aware of concerning the abrogation of rights on the internet in contests, contracts and other methods of data mining and publicity. Why is the word Arts in the Title? There are actually those of us who believe, the bookworms we are, that the purpose of an Artist is to raise the level of intellectual discourse. You can do this of course by creating a great cartoon, but where those who create are in danger of losing their rights to do even that, it is an absolute obligation of an artist to speak out. I maintain a controversial website on filmmaking, but dedicate a large part of it to activism and documentary evidence. Although not an attorney, I did go to law school and have some experience in litigation. My next page at my website is APTED PUPIL (on Film Directing) opening with an article entitled "Whose the Troublemaker now?" (grammatical error deliberate), reviewing details of violence used against competition particularly in the male dominated film industry. Deprivation of rights is a form of violence. The concept that the transfer of your information from the U.S. Government to a broker/international corporation or another government can permanently effect your life is NOT spectulative. It is a known fact that was used when creating various United Nations Resolutions including one on the Transborder Flow of Data and your right to correct government data. Once it leaves the hands of the government you are quite literally screwed. Factually, United Nations research on transborder flow of data dates back to the 1970's, when I as a girl was working in and growing up in one of a few commercial industries that was entirely computer reliant, tourism. This is a link to United Nations Documents from meetings in Vienna in the 1970's, http://hazelflagg.t35.com. These documents are not available at the UN website, they only have documents dating back to the 1980's: In a study on Psychological testing and individual rights (human personality), particularly interesting are pages 70 and 71, citing how employers said they shared results of testing with governments and how "norms compiled" in one nation could lead to a misunderstanding when interpreted in another. These records are from the 1970's. Not to be pejorative but, since then sharing and the technology used to distribute data has advanced! This statement is of paricular interest if you view escalating international violence as a consequence of globalization of industry combined with an international data flow, outsourced to other countries, that is open to wide misinterpretation. True particularly if by signing up for this contest you are giving them the right to resell your "opinions" worldwide and for perpetuity. This could feasibly negatively effect your children after your death. This is not speculative. There are lawsuits concerning dead individuals and transborder flow of data presently in US and German courts, 2006. FYI, I like my postal workers ;<). ABROGATION OF LEGAL RIGHTS in EBAY CONTEST with the U.S. POSTAL SERVICE Abrogation of legal rights in cyberspace has been more defined in recent years in such articles as Privacy as Intellectual Property http://scholar.google.com/scholar?hl=en&lr=&q=cache:SWcg6fLiuD8J:www.sims.berkeley.edu/~pam/papers/privasip_draft.doc+author:%22Samuelson%22+intitle:%22Privacy+as+Intellectual+Property%22+ Recently the "market incentives", as described in Samuelson's article, has become higher. Most major corporations are beginning to demand more and more rights in exchange for participation in internet contests. Clauses in the "Official Rules" of online contests, run by EPrize and dozens of other smaller contest administrators have had changing faces. Where once there was a waiver of publicity rights for all "winners" of the contest, now corporations are demaning a waiver of the right to publicity for the mere opportunity to play the "game" associated with the contest. Further mere "participation" loss of publicity rights is not limited, as in the past to your name and likeness. Corporations are reaching out to gain all rights to the use of your "VOICE", your "OPINIONS" as well as your name and likeness. They are demanding to have the right to those properties IN PERPETUITY, for use in any geographical area. Further, the release does not have limitations. Most persons might assume that they were giving away the right for the purpose of these corporations to promote their contests, but more and more the contests OFFICIAL RULES are extremely broad and either fail to define the end these rights will be used or make notice that there is none. NO LIMITS in sight the United States Postal Service has jumped on the bandwagon. In what could be called a SCAM to obtain multiple rights from participants the most recent contest by the USPS is giving aways a grand prize of $10,000 to EBAY, as well as many other prizes. A careful reading of the rules will identify that this US Government agency wants all the rights that most of the Corporations are asking for in their publicity waiver, the right to public photos using your name and likeness for their promotion, as well as the rights to VOICE, OPINIONS and the use of those worldwide in perpetuity. UNIQUELY your government also puts a NEW twist into this release. They want the right to SELL all of this information to any third party. That in itself could be the subject of an entire legal article, but since this is only an Opinion piece it should be sufficient to say that for those of us paying close attention to the recent scandals in Washington over personal document security and document theft, the government has a proven record of not being in control concerning the private information of their citizens. The ramifications of events to follow, once the US Government sells your publicity rights to a foreign government, that does not share the values or rights of the United States is simply put the stuff of science fiction. Orwell would not have been amused. Before you cash in that lottery ticket or sign up for your free chance to go to Hawaii, carefully READ the rules. |
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