The Final Cut - Requiem for a Post War dream

We've talked about TELUS' censorship. It started with blocking a grass routes movement among it's employees web site called Voices for Change. They blocked access to the web site for everyone who subscribed to the Internet from them. What on earth would they do if they owned a Television station?

It ended with making a fraudulent copyright complaint and taking videos off Youtube they had no possible copyright claim on. And somewhere in between Darren's ninja had that picture we made of Darren having a Pinocchio nose taken off facebook in yet another fraudulent copyright complaint. Clearly the censorship never ends.

I've already expressed my disappointment in Judge Walker's Limp Fish Decision. How he failed to apply any consequence whatsoever to Darren Entwistle's perjury. That was very disappointing to say the least. Lawlessness and censorship is sad. Very sad.

Now their latest motion for a final judgement goes far beyond any jurisdiction I ever agreed to. They want to stop us from discussing criminal behavior. Over my dead body. Gentlemen may cry peace, peace but there is no peace, the war is already begun.

Jeff Puritt has submitted quite a few affidavits for the case. He was that manager on TELUS Idol who flaunted his wedding ring as he joked about the size of the Shaina Twain impersonator's breasts and joked about inviting her up to his room to perform oral sex on him. Forcing employees to watch that as a training video was just plain wrong.

So we have a court order saying I can't post TELUS Idol on Youtube. That is all the order says and that is the only jurisdiction that was agreed upon. I've filed my response to their new motion for a Final Order. You might want to have a peak Super Dave. I think it'll even raise your eyebrow. Let's just say I've had enough and this does indeed constitute the final cut to the final straw. Give me liberty or give me death.

Pirates Vs Ninjas

To commemorate five years of Pirates vs Ninjas I present you with My Darren Entwistle: http://www.mydarrenentwistle.com

Darren's Ninja has been doing a pretty amazing job of censoring the Internet. Clearly Stalin would be proud. Free speech is an important thing and it's being stolen from us as we sleep. Never fear, Jack Sparrow is here: http://www.youtube.com/watch?v=PetrAmq9fcw



Oh and by the way, I took that picture of Ken Birzneck with his kids. TELUS does NOT own the copyright to that photo so Fuck off! And linking isn't defamation thanks to p2pnet: http://www.p2pnet.net/story/17395
Bitch: http://www.p2pnet.net/story/14102
Win or lose we will rock you: http://www.youtube.com/watch?v=UrENw_6te78

Judge Walker's Limp Fish Decision

Snapping back to reality I will cite the Judge Walker decision and record my dissent before I move on. On June 1st 2007 TELUS had 23 videos removed from YouTube. 12 of those videos they had no possible copyright claim on.

I filed a counter notification stating that I objected and they made an application to the US District Court in San Fransisco. Only they lied in their application and they never served me a copy of it until after I had acquired a copy from YouTube and filed a response to the court objecting to the fact I hadn't been served as they had my address.

It looked like they were trying to proceed ex parte, (without me) so they could get away with lying about the content of the videos in court. It was another dirty trick in a long line of Corporate legal decadence. Ronald Lopez dodged a US Sheriff three times and refused alternate service before I was permitted to e file documents. http://cupwnewvision.org/court/rat.htm

The litigation went back and forth for two and a half years. Finally the court directed the plaintiff to file a motion for Summery Judgement because I objected to having to go to San Fransisco to attend a trial since both I and the plaintiff were Canadians living in Canada.

On November 12 2009 the parties met before Judge Walker, (I participated by way of telephone) to simply confirm the written submissions on the Plaintiff's motion. TELUS' proposed order only listed 11 of the 23 videos they had originally taken off YouTube. I said that proposed order was an admission of guilt they over reached and committed copy fraud.

The court awarded their proposed order for the 11 videos about TELUS Idol. The video TELUS lied and said was contained in a locked vault claiming I had some how broken in and stole it when in reality they used it as a training video posted on their network since employees who didn't attend the conference were expected to watch it as part of their training.

I am somewhat disappointed in the courts decision for many reasons. Despite my clear requests for an order authorizing YouTube to repost the 12 videos they had taken off not listed in their proposed order, no such order was made. It appears the way they do things there is you submit a proposed order and if you win the court crosses off the word proposed and the judge signs the order. I kid you not.

The court said nothing on my request for perjury charges against the plaintiff who was caught red handed committing perjury and fraud. The court made no consequence for the perjury whatsoever. That is a shameful disgrace.

Judge Walker is no Texas Ranger. I had hoped he was going to be the Chuck Norris of American justice. Not so. Instead all we got was the limp fish of corporate crime.

The censorship continues...

Failed Heart

My mother always used to say tomorrow will be a better day. She would say it at the darkest times making one think you have got to be kidding. Yet one has to wonder how long can justice sleep.

Anyone with a social conscience has a desire to make the world a better place. We want to leave this world in better condition than it was when we entered it.

Yet my fear, my concern, my sorrow is that failure has now affected our children and our children's children. Our ancestors came here fleeing high rents and taxes wanting to make a better life. We have no place left to go.

What was affordable on a single income just one generation ago is out of reach today. Corporations use part time employment to save on benefits yet no one can afford to provide for a family on part time wages.

The labour dispute with Telus was to keep jobs in Canada. That fight has failed and our families and our children suffer as a result.

TELUS Idol Youtube Trial

People have been asking me about how the Youtube trial is going in San Francisco so I thought I just make a short recap of the facts. I posted the intro here: http://www.cupwnewvision.org/telus_censorship.htm

And here: http://www.cupwnewvision.org/court/

Not long after my case with Telus, Canada Post followed suit and made their own fraudulent copyright claim on another video on Youtube which was also picked up by Michael Geist and the Tyee: http://thetyee.ca/Mediacheck/2009/01/27/YouTubeCensor

The two most significant documents in my trial with Telus are two letters Telus sent to Youtube. I received a copy of the second letter from Youtube with a copy of their application. Telus never served me a copy of the application until I had filed my response in the court and objected to not being notified and objected to them proceeding ex parte. (without me)

Interesting to note in their court application they claimed Telus Idol was called Telus VOIP and that it was an original work about Telus’ voice over Internet protocol. That was a bold faced lie and is likely the reason they didn’t send me a copy of their application and hoped to proceed in my absence.

I received a copy of their original letter to Youtube with the actual fraudulent copyright claim later in the trial. They submitted it as an exhibit with one of their opposition briefs to my motion to strike and my motion to dismiss. You can download a copy of it from here: http://www.cupwnewvision.org/court/

The two facts of interest that rise are their fraudulent claim to home videos they did not take and news clips they have no copyright claim on as well as their bizarre claim that Telus Idol was called Telus VOIP and was about Voice over Internet Protocol. I’ve submitted the McLibel decision as case law:

Wherein two ordinary people took on McDonald’s and won massive damages in their counterclaim from an International court because they were falsely accused of liable: http://www.youtube.com/watch?v=LyGK5j_EcmE