BUSINESS & BRANDING COACH . LIFE & LEADERSHIP STRATEGIST MOTIVATIONAL SPEAKER SERVING ENTREPRENEURS &
BILL COSBY, PEREZ HILTON, VENTURE CAPITALISTs & SAFE HARBOR.... (c) Carrie Devorah :
BILL COSBY, PEREZ HILTON, VENTURE CAPITALISTs & SAFE HARBOR.... (c) Carrie Devorah :
The slamming of Bill Cosby will prove out over time to be valid or not.
Knowing the LA culture is important. There were names for the women who followed the men. In hockey, the women were called Puck Bunnies. In racing, football, boxing there were brands unique to that industry. For the women seeking a quick step to celebrity, their name was Star F*#&@#&s.
They are obvious and everywhere, some even with trophies they kept from the occasion even collections.
There were the innocent girls.
There were the not so innocent girls.
A common thread as was seen with the rash of alleged football rapes, there was-is, still, a rush to judgment. In olden days, it was called "mob mentality." It still is "mob mentality" on steroids in the social media world. While rush to judgment makes for great headlines, it also exposes everyone sharing, copying, jumping on board to potential defamation and libel claims.
Understand, when the Internet was set up, it was structured over 40 years ago, with today in mind. Today's global disruption was not accidental, it was intentional, unlawful, fraudulent , and then some. Oh, don't quote me. Go back and look at the hearings on the Hill. Isn't an element of crime, intent?
Well, the Venture Capital powers that be, set up, complicit with lobbyists, lawyers and legislators ( and staffers angling at post-Capitol Hill jobs) for what they termed Safe Harbors. A Safe Harbor example is, in the real world of kids, like playing Red Rover Red Rover. The unsuspecting person hasn't the notion of the brick of walls that will keep him out and the others behind the locked elbow and arm line. In the Content-Arts-IP world, an example of Safe Harbor is the DMCA, currently under Comment Solicitation by the Copyright Office.
Safe Harbor allows the Venture Capitalists to break laws with their backsides covered, or thought they did, while Users loose internet access, go to jail or are fined. Poor legal posturing in these matters has newbie or oldie lawyers looking at case precedence for legal argument platform when in fact, a tiny tweak emanating from slam bam document investigation building bonafide paper trails will focus the lawyers arguments with Codes- Criminal or otherwise- Title 18 is a good start, the Criminal Code. And for liability of DMCA violations, the "who" who set the structure up to make the User the fall guy, Respondeat Superior has a good ring to it.
Now, the irony of sharing temperance on the Bill Cosby rush to judgement is that to illustrate this article, rather than search my historic images archive for my pic of Bill Cosby shot in DC, I went online to find one.
Time saver? Better, lesson grabber.
Copyright University is in session!
Class, behave. This illustration of DMCA that Venture Capitalists have been hiding behind is easily seen in my pics that Perez Hilton watermarked no less than 6 times. Hilton cannot do that. Hilton did. The images are clearly mine as credited way down, down, down, down the page. Clear to see, too, is that Hilton's Facebook, Twitter and other social media opportunities encourage visitors to Hilton's site to share my photo that Hilton imprinted his 'watermark.' This is Primo an example of why nice people get sued along the way towards righting a wrong even in the matter of Mr. Cosby. Even in the matter of the football teams now suing to clear their names.
Hilton's disclaimer is "Copyright Information. All images on perezhilton.com are readily available in various places on the Internet and believed to be in public domain. Images posted are believed to be posted within our rights according to the U.S. Copyright Fair Use Act (title 17, U.S. Code.)"
A core element of Fair Use is the image use is not at a loss of income to the Content Creator.
Hilton a "C#(* Teaser", Copyright teaser, threatens Content Owners claiming Infringement with "Please also note that under Section 512(f) of the Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability."
Hilton's Safe Harbor is "INDEMNIFICATION, You agree to indemnify, defend and hold harmless PerezHilton.com, its parents, affiliates, employees, agents, third party information providers, service providers, licensors or the like and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to PerezHilton.com from and against all losses, injuries, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions by you. PerezHilton.com reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with PerezHilton.com in asserting any available defenses."
To process this complaint entails reporting the complaint to the ISP or other, who then in turn reports your complaint to Chilling Effects, working in concert with the ISPs who lobbied Congress to set up these na-na-na-na borders believed to be impenetrable.
The EU is setting the new world order for what is acceptable when it comes to the assault on Content and private lives.
Moreso, another wicket in Cosby's basket are the Rights of Publicity and Privacy that when Monique Pressley completes Cosby defense, Pressley and Cosby's legal team are entitled to file in each and every state, city, country and UN code these Rights are adressed in.
Food for thought tempering key clicking and tab punching of forwards. Delete might just be a better option. Temperance is a good way forward.
The Smithsonian Museum has not rushed to return Mr. Cosby's african art collection. Maybe, the Smithsonian model is a good model to follow rather than tearing down history. Even if not vindicated, tearing down history assures problems continue. Lessons, good and bad, will not be learned or earned.
Competent counsel will pull phone records back as far as one can go. Oh, wait, in this world to paperless, most likely the records are gone but, saving grace for Mr. Cosby and every accused person, there is a wayback and a wayback even beyond that. Google, a company formed by Bill Clinton, funded with a consortium led by Vint Cerf and KPCB, have all the data. Yup. How else could one have known what was and wasnt said and done between Mr. Cosby and his accusers, David Petraeus who left love missives paused in his Draft box for lover Paula Broadwell to pick up. And when Google says there is nothing 'there, there' there is a place to go to beyond that. Remember, Silicon Valley shares our lives, for years now, just neglected to tell Users that. Safe Harbor.
One of Mr. Cosby's accusers wants to teach a lesson. MLK taught the lesson. Go to the Lincoln Memorial. Climb, center path, to the last landing before entering the Memorial. Look down at the concrete. Chiseled there are Dr. Kings recalled words, "I had a dream."
Dr. King did have a dream. Dr. Kings dream was that colors come together not that Black Lives Matter and other Lives Do Not. Even Mr. Cosby's life matters in a constitutionally ordered country that states "innocent until proven guilty" not guilty upon Gloria Allred being hired as counsel.
Remember, the football team and the 'journalist' story that was shared all over the Internet, each one of the sharers liable, if the team so chose to approach. Heck, it if was me I would start with the Venture Capitalists who set this model of money making up as far back as the Oval Office, 1998...
Personally? I would love to be the document diver in this matter. Former Los Angelinos who turned down a career offered by an 80 year old icon who told me, confidentially, he and his wife had an agreement and, he was 'fixed', our conversation never went past the Paramount parking lot where I was admiring his T-Bird. Not saying, Bill and his wife had a similar arrangement but there are ways to avoid.... complications.... and, in their cases, career stepping stones, possibly.
As for Perez.... well.... if it walks like a person encouraging Users to infringe copyrights and if it talks like a person encouraging Users to infringe copyrights then it, hmmmm, must be a person encouraging Users to infringe copyrights... n'est ce pas?
As for Perez? Well, reaching out to a man who tweaked a socialite's name to rebrand his life does not work. The images are mine as indicated, and, used here in FAIR USE. And Perez has been contacted on other similar watermarked images. That said, love to see how Hilton could argue a suit on a claim of infringement when the images show that Hilton encourages sharing of someone else's IP that he laid claim to....
Time will tell, until then if antsy........... timeline details, the story will tell itself