George W. Bush Vs. Parody Site
Bob Kopp writes "According to an article in Monday's Washington Post, Texas governor and presidential candidate George W. Bush is attempting to shut down a campaign parody site. " Read the full article - it's not an open and shut matter. Some noteworthy other links as well - An Al Gore Parody, as well as some choice quotes from Pat Buchanan.
Politicians place a lot (aka ALL) of there value on how the public percieves them. They spend enormous (actually, let me restate that, disgustingly huge) amounts of money in keeping this picture in the eyes of the unknowing public. Big smile, bad breath.
Now, someone makes a parody of that. It would be in the politicians best interest to 'nip it in the bud' (no, i did not just say that).
On the other hand, it is our government given right (1st amendment) to mock and sneer at all politicians.
So this is a blurry line as to where it becomes slander and where it stays free speech.
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rJames.org - illustration
I can see why the FEC is interested.
Zontar The Mindless,
Il n'y a pas de Planet B.
If gwbush.com uses photographs lifted directly from the official site, then Bush has a legitimate gripe. But as for this ridiculous claim that he should operate as a political committee: that's just a blatent attempt at making the decision to try and shut the site down more palatable. Is Gary Trudeau a political committee? What about the editor of Comic Relief? The nation's -- nay, the orld's -- stand-ups?
As far as I'm concerned, I'd like to see the author of this site remove any photies that he's appropriated, and then tell Bush to go and shite.
... it will soon pop back up on a hundred tiny mirrors near you (and also far From you, for that matter. Indeed, how are they gonna pRoSecuTe abroad?)
Say no to software patents.
This is old news. Bush has been attacking that site for months now. The site is the primary reason that the Bush campaign registered all domain names that could be used against him, i.e. www.bushsucks.com (just one of many). His quote "There ought to be limits to freedom" is very scary indeed. What would he do if he actually had the power to limit freedoms ??
1 : a literary work holding up human vices and follies to ridicule or scorn
2 : trenchant wit, irony, or sarcasm used to expose and discredit vice or folly
But read the article, and see why Bush is trying to shut it down:
Just to play devil's advocate, I have to agree (in theory, but not in principal) with those statements. I'd been to gwbush.com before, and saw it as much more of a political statement site than a humor or satire site. I feel the political nature of Exley's site definately falls within the second of GWB's points. And I'm not even going to start the flamewar over whether copywrights on websites are moral or no.
But, to stop playing devil's advocate, I'm pretty much entirely anti-government and anti-government-intervention. I personally think it's pretty "weak" that GWB would try to shut down any site. But, I can't argue with the two points that his lawyers are making... at least there's a somewhat valid reason, and they powers-that-be are not just shutting down the site for no good reason.
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Question: How do I leverage the power of the internet?
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There is no try at jedinite.com
Although obviously GW would be able to take it to court, there are provisions in the copyright laws which specifically exempt parodies. Specifically: "the fair use of a copyrighted work . . . for purposes such as criticism [or] comment . . . is not an infringement . . . ," For example, 2 Live Crew clearly ripped off Roy Orbison's song, "Pretty Woman," and Orbison's record company sued, but the Supreme Court found in favor of 2 Live Crew in a 1994 decision based on the fact that it was a parody.
For the /. readers who live in the state of Texas let Govener Bush know how you feel about his attempts to shutdown this site at Govener Bush's web site.
The irony here is that George W. is the same guy who allegedly came up with the Willie Horton ad used against his father's opponent in 1988 -- and then released said ad against Dukakis via a political organization not officially affiliated with the Bush/Quayle campaign.
Bush probably has a good legal case for shutting down this site, or having some of its content altered. But given his past history, he doesn't have much of a moral case.
The Kulturwehrmacht
Finding God in a Dog
Man, I followed the Buchanan link...
I knew he was sort of a crackpot, but my god, how does someone like him rise to the power he has? That shouldn't even be possible. I guess it only goes to show how many backwards, close-minded, xenophophic zealots our freedom affords here in the good us of a.
It's 10 PM. Do you know if you're un-American?
There are two links on the main page, both point to here
I can't find anywhere he's asking for contributions, unless you count the fact he's selling T-shirts and bumper stickers. Care to post the link to support your claim?
As for a disclaimer, are they actually required? Is a disclaimer a legal requirement? I don't remember seeing any on "Doonsbury" or SNL for that matter...
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Fact: Political Parody has been around since before the first amendment.
Fact: If Al Gore had been around we would have had an internet before the first amendment as well.
I can see Bush's problems with this site but I think it would be prudent to at least first ask for a Disclaimer at the top of the page or maybe a splash screen stating that the site is politically motivated but is a parody of George Bush Jr.
The site is pushing on a subject that I hold very dear to heart. The drug war and extensive imprisonment. Having an uncle myself that got ten years for dealing when he had never dealt before. He was trying to make money to support his smack habit that he had gotten back into after almost a year off. Read the get seriously pages on the site. Some snippets for your perusal:
Some More:
And Finally:
Just as the first amendment gives us the right to free speech it does not give us the right to misrepresent ourselves. Lord knows there are some morons out there who think that site is Bush's and is gospel truth. I think it would be prudent to openly say that the site is not related to The real campaign but to destroy it completely hell no. The guys motives are admirable at least.
Anyway I am running out of things to say so I will get off my soapbox.
This post had attempts to be funny and informative. When both pluses get put together I will have a negative moderation score. 1+1=-2
www.mp3.com/Undocumented
Satire is protected speech. I don't think that asking for a contribution makes gwbush.com a political action site any more than the Times is for asking you to buy a subscription to their newspaper, which openly endorses candidates.
Nevertheless, Bush's team will make every effort to wear Exley down using every questionable--but still legal--tactic available.
That's the real terror: that all you need to do to get your way against a not-as-rich-as-you person is to sic lawyers on them to the point that they must either capitulate or become bankrupt. I think he'll soon find some soft money in the form of pro bono legal representation against Exley. Maybe Exley's payme-link should point to his legal defense fund.
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This is not my sandwich.
The copyright issue is just more IP saber rattling. The biggest threat is not that they would win in court, but that the suit itself would be economically damaging.
Nor can this site reasonably be construed to be a campaign. They're not organizing or collecting money for or against Bush, it's just a guy stating his opinions in a way he thinks is funny and effective. The last I heard this was protected speech. Again, this falls into the category of "Abuse of Legal Forms" -- there's not a chance in hell that this guy could be found to be a PAC, but defending himself against this would take up enough of his time and energy that he'd be out of the picture for the forseeable future.
I think you've got to wonder whether you'd want somebody so sensitive to criticism to be President. Whatever your political stripe, if you react this way to every yahoo who has something unkind to say about you and you're at best going to be ineffectual and at worst dangerous. Can you imagine Reagan reacting this way to somebody who made fun of him? Even if you didn't like Reagan (I for one was a detractor), the very idea seems absurd. Everybody was parodying Reagan, and I doubt very much he lost any sleep over it.
Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
The Bush campaign did *not* originate the willie horton issue--it had been an issue (wiht ads) for one of Dukakis' democratic rivals. After Dukakis had the nomination, the Bush folks started using the formerly democratic issue.
I am a lawyer, but this is not legal advice.
Essentially everything you say about copyright here is just plain wrong.
Charging for the infringing use is not relevant.
Scanning library books would violate the copyrights of the books' authors.
"His words become public" has no meaning. Being a politician does *not* cause forfeiture of other rights. Besides, it's the pictures.
hawk, who thinks slashdot needs a -1 counterpart for "informative," perhaps "just plain wrong."
I know the Willie Horton issue was raised initially by a Democrat; I believe (but could be mistaken) that it was Al Gore's campaign that used it first.
Interested in XFMail? New XFMail home page.
George W. has me shaking in my boots. Here's a guy that everybody seems to love, and yet he has shown time and again that he has no idea what RIGHTS are about (*cough* flag-burning *cough*). I don't know about y'all, but for me no amount of overstating one's importance in the creation of the Internet oughtweighs the willingness to take away my right to free speech.
-jacob
I had just asssumed that the link pointed to the root of the site - my bad.
This puts a whole new slant on things, and seems to cross the line between parody/satire and political activism.
"When I was a boy I was told that anybody could become President; I'm beginning to believe it." -- Clarence Darrow
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At the time of the alleged infractions he was just another guy with a web site where he vented some political spleen.
Bush and his campaign forced this over the spending limit by deliberately and fecklessly bringing national media attention to his page. Then to top it off they tried to scare him away with legal and regulatory harrassment.
Since he has to go through all the legal and financial rigamarole entailed, he has the choice of folding up or fighting back. What would you do if you were in his position?
Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
hey! wrote:
"They're not organizing or collecting money for or against Bush, it's just a guy stating his opinions in a way he thinks is funny and effective."
Actually, as has been pointed out elsewhere, "they" *are* collecting money to run a TV ad, presumably *against* gwb. Granted, IANAL, but that puts "them" pretty squarely in the middle of what I understand to be "campaigning".
If they're gonna run a political ad, they should have to play by the rules and publish their sources of funding. Otherwise it'd be *way* too easy for "someone" (*cough*Gore*cough*Bradley*cough*me*cough*) to fund the aforementioned ad for "them"...
If we're gonna have rules about campaigning, everyone should have to play by them.
Have fun,
Nathan 'Nato' Uno
http://web.unos.net/
I'm not a big Apple advocate. In fact, I hate the iMac-- it's the AntiChrist of computing, in my opinion.
But when I read what ol' Bush is doing, I couldn't help but think of our favorite reality-distortion hero, Steve Jobs. Bear with me for a moment, the reason will become clear in a moment...
A while back, TBS (or was it TNT?) ran a special called "Pirates Of Silicon Valley", in which both Bill Gates and Steve Jobs were portrayed in some pretty negative perspectives. Steve Jobs was seen as an acid-tripping, child-leaving, selfish bastard who didn't care what the hell happened to him.
So, for the next big Mac conference, he got Noah Wylie (the dude who played Jobs in "Pirates") to give the keynote in his place. Quite an amusing hack-- a lot of people didn't catch on for a while. The stunt wound up giving him a ton of publicity-- Steve Jobs has a sense of humor! He had fun with it! This is unprecedented in the software industry!
So, carry this over to politics. Yes, maybe you need to be more serious when you're running for a political office. Yes, maybe a site like gwbush.com is detrimental to Bush's campaign. But for the love of God, have a sense of humor about it. Don't advocate limits on free speech, and don't try to shut the site down. Show that you have a clue and say that the site is witty, clever, and well done-- even if it isn't. It'll make you sound like a nice guy, and that will help you get elected.
As it is, though, Bush has lost my vote.
Just my $0.02
i'm not certain that they've collected any money yet, though. what they are doing is collecting pledges, via credit card, which (supposedly) will not be charged until enough money has been pledged in order to produce the commercial.
it's not clear, nor openly solicited (that i can find, anyway,) than any money is being is being raised for the running of the website...although perhaps the t-shirt/bumper sticker sales fall under this.
so, while this fellow _may_ be violating campaign law by not making public any donors, he _may not_ yet be in violation of that law, if the money hasn't actually been collected. i'll freely claim my ignorance upon the intricacies of campaign finance law, though...
"The things we wizards have to put up with."--Jethro Bodine
Correction: they weren't soliciting any money for anti-bush efforts.
I doubt he would even have dreamed of collecting money and doing the political committee thing, but Gov. Bush's own actions forced them to get lawyers and other expensive things. At that point he had the choice of being a registered political committee or (as Bush obviously hoped he would) shutting down.
Do you seriously think that this guy was breaking the federal election laws before Bush decided to whack him?
Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
Looks like Bush is all for the first ammendment, except when it comes to political dissent, where he suggests that "there ought to be limits to freedom." I wonder what other freedoms he'd seek to limit if he made it to office.
I'm trying to teach myself to set people on fire with my mind... Is it hot in here?
When you try to suppress something on the Internet, it just gets stronger. The horrible publicity created by the suppression attempts overwhelms any advantage suppressing the information might give -- because the information never really disappears. This is such a well-known principle nowadays that I'm amazed people are still trying to suppress critical web sites.
... . A new domain name is just $ 70 and a little imagination away, and I don't think a "non-compete" agreement would stick in the courts.
The Church of Scientology cases are the most obvious example - the organization got a lot of publicity out of their ham-handed attempts to suppress information, and I'm sure in the end it lost lots more members than it would have if they had left the anti-CoS brigade alone.
Now George W Bush is doing the same thing. It's a pity, since I was beginning to think he was a half-decent candidate even though I like Steve Forbes' positions the best. Well, good ol' Steve may be a wooden speaker, but he would never do anything this dumb.
I think George W will get what he deserves out of this - he'll lose a ton of votes from people who would have otherwise been sympathetic towards him.
His best damage control now is probably to heave a heavy sigh, pay the $ 80k for the domain name and hope the whole mess goes away. The only problem is that I'm betting the protestor will just grab a new name -- and now his PAC has enough money for at least one late-night TV ad, or a barrage of local ads in major markets or a full page ad in the Wall Street Journal or
Big loss for George. Let's see how he handles it now.
D
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There are several things that need to be said here.
First, Bush is absolutely right that there are limits on freedom of speech. For example, Bush could not put up a parody site accusing the programmer who created his site of being a drug user, without being sued, unless, of course, the programmer is a drug user and Bush could prove it. There are still protections against slander and libel for the individual. These protections were weakened by the Supreme Court in a weird decision if the person being slandered is a public figure. In those cases, you have to prove not just that what was said was false, but that it was done with malice, as I recall.
Second, the FEC does put other limits on freedom of speech, limits that the Supreme Court has upheld. (In my view they were wrong, but I'm not even, thank God, a lawyer, much less a Justice.) Explicit campaign sites do in fact have some reporting requirements.
Third, the Bush people do in fact have the protection of copyright laws. That something is easy to steal, like a picture on the Net, does not mean it is legal to steal it.
Fourth, it is unclear that the Bush people are actually trying to shut thte site down. Instead they have asked the programmer not to steal their pictures, to post a disclaimer, and to follow the current law on campaign finance. In short, they have asked him to get legal. The programmer, instead of following the law, has decided to claim he is being oppressed by some one who hates freedom of speech. This is bogus. It is sucker bait for the Internet Bubbas.
If this is hard to see, turn the situation around. Suppose the Bush site was posting slander about the programmer, was not reporting to the FEC, and was stealing the programmer's work. If the programmer tried to stop this, would he be trying to suppress freedom of speech? Of course not, and neither is the Bush campaign.
Finally, the facts on that unrelated issue, Willie Horton, which are so often mistated. The first big coverage of the Horton issue came from a small newspaper in Massachusetts. As I recall, the newspaper won a Pulitzer prize for saying the same things that opponents of Dukakis later picked up. The paper's stories were picked by the Reader's Digest, so it became something of an issue outside Massachusetts as well. One important point: Dukakis never apologized to Horton's victims in Maryland.
There was a big fight over the parole policies of the Dukakis administration in Massachusetts and he was forced to change some of them. After that, it first became an issue in national politics when then Senator Gore used it against Dukakis in the New York primary. Gore used it at the suggestion of Mario Cuomo, according to one story. The Bush campaign then picked up the story and used in in a campaign ad that did not show Horton's race. An independent group then ran an ad that did show his race. The Bush people immediately asked the group not to show the ad and they did stop.
In sum, we had a real issue, first reported by a Massachusetts newspaper, which became an issue in nation politics in a Democratic primary. This has since been used to tag former president Bush with racism. This is bizarre.
Is G. W. Bush a public figure?
Yes.
As a public figure, we can say whatever we like about him, as long as it's not a lie and it's not malicious. Allegations are fine. As long as we have no evidence that the allegations are *untrue*, and we bear no malice other than not wanting him to represent us in government. then we can assert these allegations without being in violation of the law.
This applies to journalism. As the web has made us all journalists, it applies to all of us.
If this were not true and proven in law many times, the National Enquirer, et. al. could not and would not remain in business.
Add to this the aspect that it is satirical, and there is a double legal whammy that should stand in court if this country is still free and following the law laid down over many years.
However, since G. W. seems to believe there should be limits to our freedoms and he wants to be the one to place them, maybe we are not as free as we would like to believe.
Especially when he has successfully supressed so much anti-G. W. Bush sentiment already.
1. Campaign staff buy up all adverse domain names in one of the worse squatting incidents.
2. Somehow, congress put off the cyber-squatting law. I don't know the particulars, but if a former republican president were to urge current republican members of congress to put this on hold, especially if it would help elect a republican president, they would probably listen.
3. He successfully supressed a book that was uncomplimentary by calling into question the character of the author and convincing the publisher to recall and destroy 700,000 copies of what would have been a best selling book simply because of the advance publicity.
4. He arrogantly assumes a lead in the polls and "skips" public debate events with other republican candidates.
This is to say nothing of the allegations in the aforesaid book, of earlier events in his life which parallel these types of current events.
The allegation is that used cocaine, then pulled political strings to get a light sentence and and have his record illegally purged.
And on and on and on...
Microsoft tried to claim they were not a monopoly by pointing to individual components of their practices that they claimed were not monopolistic. When it fact it was their "*pattern* of behavior" that proves their monopolistic practice.
Looking at G. W. Bush and his documented behaviors and statements, *I* observe a pattern just like that of M/$. While he may win on individual battles, I sure hope he loses this war. This is not an individual I want leading my country.
Say what you like about Bill Clinton... he may have gotten blown by an intern and lied about it, but he didn't try to take away *my* rights, and he didn't put business above environmental concerns.
Russ
War is Peace. Freedom is Slavery. Ignorance is Strength. - George Orwell or George Bush?
I have studied some history.
Of course slavery was an issue; what is wrong is the idea that it was the only issue, or even the primary issue. As Lincoln put it, the war was to "preseve the Union." I truly doubt most of the Northern volunteers in 1860 had the abolition of slavery on their minds. And a number of Southerners had their personal doubts about slavery, but chose to fight for the South anyhow. It was only mid-war, when the Thaddeus Stephens and the "Radical Republicans" made their case, that the focus changed, and it became certain that a Northern victory would result in the abolition of slavery.
As for Hitler and the Nazis, you are thanking God for the wrong reasons. People like Hitler have risen to power in the last few decades; the USA has either supported or opposed such dictators as convenient. While some of German atrocities were understood in the late '30s (such as the annexation of Poland), the full extent of the evil of the Holocaust was not known to the American public until well after the war was over. As for FDR having a "moral" obligation to oppose Hitler; perhaps, but those same morals didn't stop him from being buddies with "Uncle Joe" Stalin, as bloody-handed a dictator as Adolf ever was.
Please note that I didn't say that I thought we should not have entered the war on the side of Britain; what I said was that it's an issue worth debating. I haven't read Pat's book, so I don't know the details of his argument. But I'm concerned that he's being demonized for simply daring to question whether that was the right policy to have followed mid-century. Sheesh -- Slashdotters will lionize Dr. Singer for suggesting that we kill handicapped kids, because it "makes people think," but we dare not tolerate discussion of US interventionism!
What is the difference between these sites and political cartoons found in all major newpaper's Editorial Section?
As long as these sites state clearly that they are satire(which is implied with political cartoons) then I can't see how the SEC can justify infringing on 1st Amendment Free Speach rights.
This looks like a very open and shut First Amendment case to me. Why do you say "It's not an open and shut case?". Fact is that protecting political speech is the primary purpose of the First Amendment, and any attempt to restrict political speech has always been promptly squished by the courts.
Fortunately for the rest of us, it takes more than your opinion here. Can you show libel in a court of law? If not, well, you know what they say about opinions.
...phil
...phil
"For a list of the ways which technology has failed to improve our quality of life, press 3."
Well, at least you are willing to deal in specifics ...
And you will continue to be wrong.
Ah, well. At least you're willing to back up what you say, which means we could actually have a reasonable debate on this subject.
Why can't you be specific about why you believe his statements are not racist, sexist, homophobic, etc?
Simply Real Life(tm) constraints on how much time I have to give to this conversation.
Seems like she already started it and you had no real response. I'd really love to see what you have to say that could possibly make those statements seem like something other than a bigot's display of his true colors (npi).
Yes and yes; and I was acknowledging that. That darn Real Life(tm) again. But I have a few minutes now, so I'll give it another try.
Anti-Semite: this one is so baseless that it's almost funny. I note that darkrose didn't bother trying to back this particular one up, other than by allusion to Farrakhan. I would hope that all I should have to do is point to the number of Jewish friends, collegues, and admirers of Buchanan whose response to the charge of anti-Semitism is "Huh? I may disagree with Pat, but he's no anti-Semite." Farrakhan? Please. Buchanan's religion teaches that all people are of equal dignity before God and that anti-Semitism is a sin; Farrakhan's teaches that whites and Jews are of the Devil. The two don't even belong in the same breath. Unless one uses that strange definition of "anti-Semite" as "one who occaisionally criticizes the national policies of Israel or of the pro-Israel lobby in the USA," in which case practically half the Jews of the world are "anti-Semites."
Homophobe: too often a code word for "thinks homosexuality is wrong", something which is certainly true of Buchanan. So I don't give this one much credit -- by that definition, I'm "homophobic" -- never mind that I'm not "phobic" about anyone, and (cliche'd as it is) some of my best friends really are gay. The relationship between AIDS and (male) gay sex is hardly "phobia", it's hard epidemiological data (although we do have the fun fact that "if AIDS is God's judgement, lesbians must be the Chosen People"). But this is a whole topic I hate to even mention, given the likelihood of any "debate" on sexuality degenerating rapidly into (1) namecalling and (2) a black hole for time.
Racist: doubt it, given his open admiration for Alan Keyes. I would like to see some context for the quoted comment on Sharpesville; but as for the European roots of the USA and the relative ease of assimilation, those seem to me to simply be statements of reality, not evidence of racism. Acknowledgement that the USA began as a European transplant and still retains much of that character, opposition to affirmative action and 'multiculturalism' do not equate to racism.
Sexist: let me simply suggest that Buchanan is hardly the first or only person to notice that capitalistic competitiveness is not exactly friendly to women or femininity. Especially for women who wish to exercise their traditional calling as mothers. But again, a good discussion of capitalism and gender is well beyond the scope of what I have time for on Slashdot.
David Duke: please, this is guilt by association. I find it highly plausible that Duke did crib from Buchanan's economic platform. That doesn't make Buchanan a Klansman. Given that Buchanan seems to be the only national politician addressing a number of the issues important to blue-collar and rural folk (many of whom happen to be white), doesn't it make sense that a Klansman trying to gain respectability (Duke) would do just that?
There, some specifics to chew on. I have now more than exhausted my time for such fun; so I'm going to have to let everyone else have the last word.
just set your threshold to +1. all ACs will dissapear.
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"Subtle mind control? Why do all these HTML buttons say 'Submit' ?"
ReadThe ReflectionEngine, a cyberpunk style n
Buchanan is no longer a republican. John McCain, made some negative comments about him, and when he wouldn't apologize, he left the party. (so, there was some republican outcry as well)
Buchanan is now in the Reform party, and could be a posible candidate, might be running aganst donald trump....
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"Subtle mind control? Why do all these HTML buttons say 'Submit' ?"
ReadThe ReflectionEngine, a cyberpunk style n
After the 'republican takeover' in '94, Chris Farly (sp?) did a spoof of Newt Gengrich.
Newt invited him to the floor of congress to do his act.
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"Subtle mind control? Why do all these HTML buttons say 'Submit' ?"
ReadThe ReflectionEngine, a cyberpunk style n