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Copyright As Weapon In US Senate Campaign

kfogel writes "Sharron Angle, the Republican candidate for US Senate in Nevada, is using a copyright 'cease-and-desist' letter to stop her opponent, incumbent Harry Reid (currently majority leader in the US Senate), from reposting old versions of her campaign website. The old pages are politically sensitive because Angle campaigned from the far right in the primary, but is now toning that down for the general election." As kfogel notes, the letter "also accuses the Reid campaign of intending to impersonate Angle's campaign, which seems doubtful, but who knows?"

29 of 409 comments (clear)

  1. Wha? by magsol · · Score: 4, Insightful

    I thought that in running for public office, your life was effectively an open book?...

    --
    "I'd just like to emphasise that taking a million years isn't a metaphor here..." -Rich Bradshaw
    1. Re:Wha? by Anonymusing · · Score: 4, Informative

      It is an open book. However, having dealt with a number of design contracts, there may have been a written agreement between the designer and the campaign that nobody else would use that site design, which this would violate to some extent. Nonetheless, there are ways around that: posting screen shots with commentary, for example, or just quoting the text.

      I'd also expect Angle to contact The Wayback Machine if she doesn't want old copies of her site online...

      --
      Liberal? Conservative? Compare perspectives at Left-Right
    2. Re:Wha? by tophermeyer · · Score: 4, Interesting

      Its not stupidity though, its simple downright shiftiness! She campaigned ultra right to get through the primary, and is now claiming a more moderate stance for the general election. This is why American politics is broken.

    3. Re:Wha? by Danse · · Score: 4, Insightful

      It is an open book. However, having dealt with a number of design contracts, there may have been a written agreement between the designer and the campaign that nobody else would use that site design, which this would violate to some extent. Nonetheless, there are ways around that: posting screen shots with commentary, for example, or just quoting the text.

      I'd also expect Angle to contact The Wayback Machine if she doesn't want old copies of her site online...

      Any agreement they had does not trump copyright law, and fair use has not yet been completely gutted. I'm somewhat suspicious of the collection of information submitted by users, but I haven't seen any evidence that the data was actually collected and saved anywhere. Other than that, it seems like fair use for political purposes. They are showing people exactly what she was saying, and there can be no claim that any of it was taken out of context, because all of the context is right there.

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    4. Re:Wha? by ultranova · · Score: 4, Insightful

      Plus, I doubt the lawyers would put in the cease and desist letters if there wasn't a valid copyright claim behind it.

      What world are you from, and how do I get there?

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    5. Re:Wha? by Sloppy · · Score: 4, Insightful

      Voters are why American politics is broken. If running a campaign that way caused a candidate to lose, then campaigns wouldn't be run that way. Instead, we reward it. We demand that candidates do this, by emphatically voting for it democratically. We're the problem.

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    6. Re:Wha? by Surt · · Score: 4, Insightful

      It's process, not voters. In the primary, there is no need to worry about anyone from the other party. So you can campaign as far to your side as will increase your votes, which is very often nearly all the way to that side. You are campaigning to gather votes. Get out and vote for me!

      Now you come to the main election. Suddenly you have to avoid motivating the voters from the opposite party from caring enough to defeat you. Now you are campaigning to avoid gathering votes for your opponent. Don't bother to get out of bed and vote against me, I'm not that bad!

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
    7. Re:Wha? by Devout_IPUite · · Score: 5, Informative

      You do realize Narconon is heavily connected to Scientology right? The book that Willian in the quote was reading was "Scientology: The Fundamentals of Thought" Frankly, I think any politician supporting Narconon needs to be shunned far away from public office. Democrat, Republican, it doesn't matter, cults aren't okay.

    8. Re:Wha? by Moryath · · Score: 5, Informative

      Sigh.

      narCONon is a $cientology front group. It has repeatedly been found either ineffective or downright harmful.

      Narcotics Anonymous, on the other hand, is an actual treatment program, the name of which $cientologists deliberately mirrored in their scam setup in order to confuse people into thinking narCONon is somehow legitimate.

    9. Re:Wha? by Danse · · Score: 5, Insightful

      Flamebait? WTF? Does Sharron Angle have mod points on slashdot? What Runaway1956 says is perfectly correct. Using copyright law to silence political speech goes completely against the whole idea of the First Amendment.

      I think it was calling her a skank and a bitch that earned that mod. Can't really argue with that, it's an accurate moderation. He should leave the name-calling out and just make his point. It would be a lot more effective that way.

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
  2. Wrong state? by XxtraLarGe · · Score: 4, Informative

    I think the summary got it wrong. Aren't they candidates for Senate in Nevada?

    --
    Taking guns away from the 99% gives the 1% 100% of the power.
  3. Boo fuckin' hoo by Pojut · · Score: 4, Insightful

    Guess what, lady: it was your website. If you didn't want people to see you spreading loony extremist messages, maybe you shouldn't have supported them in the first place.

    1. Re:Boo fuckin' hoo by Midnight's+Shadow · · Score: 5, Insightful

      Guess what, lady: it was your website. If you didn't want people to see you spreading loony extremist messages, maybe you shouldn't have supported them in the first place.

      I agree with your statement but I can't help but think how your response may differ if the political parties were flipped.

      It is also very common that you swing far left/right to get the primary then come back towards the middle to win the regular election. Look at Obama's campaign. Look at McCain's campaign. I'm willing to bet a lollipop that over 75% of mainstream candidates are the same way.

      --
      "God is a comedian playing to an audience too afraid to laugh. " -Voltaire
    2. Re:Boo fuckin' hoo by jackspenn · · Score: 5, Informative

      Umm, you need read and understand the facts before you post.

      The issue is not that Senator Reid's campaign merely reposted parts of her website. Or that she was running away from positions she has taken in the past.

      It was that the Reid campaign created a website to look like hers and used that site to get names, emails and other information from people who believed it was her site.

      --
      Respect the Constitution
    3. Re:Boo fuckin' hoo by Danse · · Score: 4, Insightful

      Umm, you need read and understand the facts before you post. The issue is not that Senator Reid's campaign merely reposted parts of her website. Or that she was running away from positions she has taken in the past. It was that the Reid campaign created a website to look like hers and used that site to get names, emails and other information from people who believed it was her site.

      They didn't create one to look like hers, they used a copy of her actual website. The letter claims they were collecting information, but I haven't seen any actual evidence that they did so. That would definitely be crossing the line. Posting the site itself seems like fair use as political commentary.

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
  4. Re:Don't think it will matter by Pojut · · Score: 4, Funny

    So, according to you, Democrats are saying:

    "They're slipping away! Grip tighter!"

    While Republicans are saying"

    "This country deserves a better class of crazy, and I'm gonna give it to 'em."

  5. Misleading summary by Anonymous Coward · · Score: 5, Informative

    By "reposting old versions of her website," what the submitter actually means is "copying all of the code and images from Sharron Angle's old website, registering a new domain (therealsharronangle.com), and re-creating the entire (old) website." There was even an operable section to sign up as a volunteer, thus collecting the personal information of people who might accidentally come to the phishing site instead of the actual Sharron Angle site. This is known as phishing, and is indeed a violation of copyright.

    Gee, Slashdot spreading a misleading story in a bid to make an unfavored politician look bad. Unfortunately, this isn't really unusual for Slashdot.

    1. Re:Misleading summary by hey! · · Score: 4, Insightful

      Well, I agree that collecting information from volunteers is inappropriate (if they are doing that), but clearly quoting the website -- even in its entirely -- serves a legitimate purpose.

      Candidates always use each others words against each other, but normally they take the words out of context. What could be more fair than quoting the entire context? Arguably this is the most fair way of doing it. It seems unlikely that anyone would mistake this domain name for one that Angle would choose for herself, but that is easily enough handled.

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
  6. Section 107, bitches. by fuzzyfuzzyfungus · · Score: 5, Insightful

    "Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include —

    (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

    (2) the nature of the copyrighted work;

    (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

    (4) the effect of the use upon the potential market for or value of the copyrighted work."

    Let's see, here. I feel a little queasy describing anything related to political campaigning as "educational"; but it could definitely fall under "criticism, comment, news reporting".

    The "copyrighted work" in question was a candidate's platform website, intended for broad public distribution in order to promote that candidate. Not something whose value would be decreased by broader distribution, unlike a commercial book, film, or CD. The fact that it is now embarrassing is too fucking bad and(if anything) increases the strength of the fair use "criticism, comment, news reporting" angle.

    Amount and substantiality: Ok, I can see a case here. Things like the stock patriotic clip-art and site design elements(unless specifically part of the overall criticism or commentary) might well not be fair use.

    Effect upon the market for or value of: This is a funny one: being a noncommercial advertisement, spread as widely as possible by its creator at no cost, there is obviously no loss of "market or value" in the sense that a book, movie, or CD would suffer such a loss; but, if the "criticism, comment, and news reporting" makes the candidate look like a fucking nutjob, it arguably reduces the value of their advertising. One hopes, though, for the sake of free speech and press, that the court would spit on such an argument.

  7. Re: Wrong state? (Yes, my fault, not Slashdot's) by kfogel · · Score: 4, Informative

    Yes, should have been Nevada, not Arizona -- and the fault was mine in the original submission, not Slashdot's. Sorry about that! I'm glad they updated the post.

    -Karl Fogel

    --
    http://www.red-bean.com/kfogel
  8. I love copyright law. by WiglyWorm · · Score: 4, Interesting

    Maybe he SHOULD stop hosting old versions of the site, and just link to them in google cache instead. Let her fight google. Should be good for headlines, and maybe raise some awareness about the idiocy present in copyright law.

  9. Re:Don't think it will matter by elrous0 · · Score: 4, Insightful

    And closing Guantanamo, and ending the the violations of civil liberties, and ending rendition/torture, etc., etc. This is a Democrat who courted the environmental vote during the election only to turn around and advocate the expansion of off-shore drilling mere weeks before the BP spill. Another wishy-washy Democrat who accomplishes little-to-nothing and dilutes even the things he DOES accomplish (like health care) until they're basically meaningless.

    There is just no party to speak for me.

    --
    SJW: Someone who has run out of real oppression, and has to fake it.
  10. memory hole by Ephemeriis · · Score: 5, Insightful

    This is the one thing that drives me absolutely crazy about politics in America these days.

    Politicians will say any old crazy thing, and then flat-out deny that it was ever said. Even if you quote their words back to them line by line. Even if you have a recording of the statement. Even if you have a copy of their own website or press release.

    And nobody seems to care.

    Sure, some reporters will try to call them out on it... But that doesn't matter. The politicians don't even blink. They just go right on denying that they ever said anything. And the voters are entirely too willing to just go along with the spin.

    What? No, of course he never said that! That video of him saying those things must be a fabrication. As well as the audio recording of him making a similar statement on the radio. And the flyer you have from a mass-mailing he did last year must be a forgery. And the archive you have of his website must surely have been tampered with. There's absolutely no possible way he could have said that - we've always been at war with Eurasia!

    --
    "Work is the curse of the drinking classes." -Oscar Wilde
  11. Laissez-Faire? Small government? Tea Party? by Primitive+Pete · · Score: 5, Insightful

    Does anyone find it odd that the libertarian Tea Party candidate goes running for governement/federal/legal support when she runs into difficulty campaigning?

  12. Re:Don't think it will matter by canajin56 · · Score: 4, Insightful

    The "Voters are Rabidly Anti-Incumbent (tm)" line was trotted out in the primaries, even though only ONE incumbent out of 80 or so elections lost, and he had been arrested on charges of fraud, corruption, and I think also domestic violence. FOX hopes everybody believes them when they say voters are anti-incumbent, because then Republicans will win. The thing they know, which is 100% true by the way, is most voters will vote for whoever they think will win, that way, in a way, they win too!

    --
    ASCII stupid question, get a stupid ANSI
  13. Re:Don't Ask Don't Tell? by dave420 · · Score: 4, Insightful

    And then the grass-roots loony fucknut republican hate-machine would start spewing its disgusting insanity all over the place, calling for Obama to be executed as some heathen gay-loving whore of babylon. He's got to try to fight the bullshit spewing from the rampant religious right *and* try to do the right thing. Black civil rights had nothing to do with religion, just racism. The gay issue has everything to do with religion, which is why it's a completely different kettle of fish to sort out. Pretending they're directly analogous is fucking retarded.

  14. In this case, they are the same. by khasim · · Score: 5, Insightful

    Look at the average person who opposed desegregation. Now look at the average person who opposes gay rights.

    See how they are almost identical?

    Now look at the average person who supported desegregation. And ones who support gay rights.

    See how they are almost identical?

    Same background, political views, religious beliefs, even where they live.

  15. Stop trying to apologize for your vote by Anonymous Coward · · Score: 5, Insightful

    And then the grass-roots loony fucknut republican hate-machine would start spewing its disgusting insanity all over the place, calling for Obama to be executed as some heathen gay-loving whore of babylon.

    Oh, and that's not happening already? The more freaked out they get the better the mainstream likes Obama. Most Americans support gay rights, according to polls, and the wingnut fringe's ranting is steadily eroding the Republican base. You aren't making sense.

    He's got to try to fight the bullshit spewing from the rampant religious right *and* try to do the right thing.

    No, he doesn't. You don't have to fight when your enemy is engaged in self-destruction, and you don't have to stop doing the right thing because you are afraid someone might just call you names. You still aren't making sense.

    Black civil rights had nothing to do with religion, just racism. The gay issue has everything to do with religion, which is why it's a completely different kettle of fish to sort out. Pretending they're directly analogous is fucking retarded.

    Look, you are obviously too young to remember, but there were churches *founded* in the USA based on the biblical call to Black slavery. Ever wonder why the SOUTHERN Baptist Church is different from the Baptist Church? Look it up. I remember being a child in the 60s and hearing the preacher (in the small Virginia town my mother's from) blasting Martin Luther King as the anti-Christ, and telling his parishioners that God intended Black people to be the hewers of wood and the drawers of water - that the Bible said so. The EXACT same right wing wing nuts preaching hatred against the gays were preaching subjugation of Blacks as late as 1969, and *I was there to hear it* so don't bother telling me I'm wrong.

    What is fucking retarded is Obama apologists like yourself desperately trying to shore up your self-esteem by pretending the president really really has good reasons to renege on his campaign promises. I watched the same song and dance with Reagan, Clinton, and W., and it's pathetic. Reagan did not shrink the federal government, Clinton did not fix health care, and W. did not make the economy into an unstoppable powerhouse based on Jesus. Obama is a very smart, well-spoken man - smarter than Reagan and W. by light-years, and better spoken than Clinton. But he's still just a man, with the failings of a man, and you need to understand that he is not going to bring you all the changes you hoped for. He's not even going to stop extraordinary rendition, much less give gays equality in the services.

    Stop apologizing and start making a difference in your community. Get the fuck off the computer and do something useful.

    Over and out, see you next week. I got some stuff to do in the real world.

  16. religion and slavery (and discrimination) by Gary+W.+Longsine · · Score: 4, Insightful

    "Black civil rights had nothing to do with religion, just racism."

    The relationship between religion and the civil rights movement was more complex than you seem to think. Christianity supported not merely discrimination, but slavery throughout most of its history. As ideas from outside the Bible (notably from the Enlightenment) came to compete more effectively in the meme pool of western civilization, Christianity adapted, and some Christians led the struggle against slavery in the United States, and later for civil rights. But there was a big struggle within Christianity over both of those issues, and the struggle over the role of discrimination and hatred within the religion continues even today. Christianity seems to need an "other" to fear and despise, and since it's no longer socially acceptable for that fear and loathing to be based on skin color, it is now directed at gay people.

    --
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