Photo by Kathryn Bachen, used without permission.
From The Western Front, Monday, November 17, 2008

The LiveJournal Abuse Team has contacted me, and informed me that my LJ entry with the photo of me with the megaphone has been suspended, because of a copyright infringement complaint:

Dear user kevynjacobs,

We have received a report, properly formatted under the provisions set forth by United States law, indicating that your entry located at [] violates the copyright of another. As such, we have suspended this entry to disable access to this material.

If you feel that this report is in error or that your use of the material falls under one of the categories permitted under copyright law, you are entitled to file a counter-notification, also under the provisions of US law; please contact us for information on how to do this. Filing a counter-notification indicates that you are willing to defend yourself in court against a charge of copyright infringement, and you may be bound by civil and possibly criminal penalties if you are found liable.

LiveJournal Abuse Prevention Team

I have written back, telling LJ that I wish to file a counter-notification under the DMCA, which means they must put the entry back up. My rationale is that I have posted it under Fair Use doctrine, which trumps copyright. Which means, it goes back up, and if The Western Front wishes to continue this game, they will have to take me to court now. Which I would welcome, because I know I'll win under Fair Use.

Incidentally, they also DMCA'd the image on my Facebook profile. I'm going to let that one slide for now, in the spirit of picking my battles. The LiveJournal entry is an easier case to prove Fair Use on.

And now I say to The Western Front: Your move.
"I swore never to be silent whenever and wherever human beings endure suffering and humiliation. We must always take sides. Neutrality helps the oppressor, never the victim. Silence encourages the tormentor, never the tormented."
   -- Elie Wiesel, 1986 Nobel Peace Prize acceptance speech

The Palestinian people now endure suffering and humiliation, at the hands of the Israeli Defense Forces. This makes me very sad, because the Israelis, of all people, should remember what it is like to be abused, torn from their homes, forced to flee into little enclaves and caged in ghettos, oppressed for their religious beliefs, subjected to pogroms, and indiscriminately killed by superior military forces.

How has this happened? How have the abused stepchildren of Adolph Hitler grown up to become abusers themselves?

What's going on in Gaza right now feels like a betrayal, a betrayal of the very things that earned Jews the sympathy of the world. A betrayal of the lessons that the Holocaust taught the world, lessons which seem to have been forgotten.

Furthermore, this Israeli oppression of the Palestinians is taking place on my dime. As an American, my taxes pay for the weapons that the IDF is using to kill innocents. That makes me very, very angry.

I am compelled to speak out, against Israel's behaviour, because so many others will not, or cannot.

Never again. Never forget.


kevyn: (Default)


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