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A New Case To Follow: Tangerine Stole Eddy Grant’s 40 Year Old “Electric Avenue” — For A Campaign Video To Mock Mr. Biden… And Assert White Supremacy Themes…

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Tangerine never asked — never even made a phone call; he neither paid for a license (as I have, for the vast bulk of the original, private, unpublished / embedded photographic works I’ve used), nor asked permission / sought clearance from ASCAP.

Eddy Grant quite rightly sued in federal court in Manhattan, since the implication by the 2020 Trump Campaign was that Eddy, and his music, were anti-Biden and pro-Trumpers. . . the ad even used some of Grant’s original, finished music video footage, to depict a train. . . and then associated that fast train, with Trump. Here is why Trump will lose (from Mr. Grant’s fine memo of law):

. . .[Citing the Henley case:] The defendants’ songs [do] not comment on the plaintiff’s work, but instead use the same themes to comment on entirely different subjects, namely Boxer, taxation, global warming, and the proposed cap-and-trade program. . . . The song may mock political views that Henley allegedly supports, but that is insufficient justification for appropriating Henley’s works, as discussed above. The Defendants have innumerable alternatives with which to mock Boxer and her policies. . . .

The Defendants also argue that, even if their works are more satirical than parodic, they may still constitute fair use, citing Blanch v. Koons, 467 F.3d 244, 247 (2d Cir.2006). This is undoubtedly true; parody is not the only form of fair use. However, as noted in Campbell satire faces a higher bar for fair use because it requires greater justification for appropriating the original work.

Defendants here concede in their moving brief (Def. Mem. at 1), that they deem the Infringing Video to be “satire” rather than parody, thus they face a higher burden and require a greater justification for the use of Plaintiffs’ Works. They have not met that burden. As the Supreme Court held in Campbell, 510 U.S. at 580-581, “[p]arody needs to mimic an original to make its point, and so has some claim to use the creation of its victim’s (or collective victims’) imagination, whereas satire can stand on its own two feet and so requires justification for the very act of borrowing.” Defendants have offered no justification for using “Electric Avenue,” rather than any other composition, as the musical underscore for the Infringing Video.

Moreover, as the Ninth Circuit recently held in Dr. Seuss Enterprises, L.P. v. ComicMix LLC, 2020 WL 7416324 (9th Cir. Dec. 18, 2020), merely incorporating elements of existing material into a new context to make a “funny” juxtaposition does not thereby critique or comment on the borrowed material. . . .

In general, I obviously support fair use, by artists — I employ it daily here. But I make no profit from the use, I transform the work(s) — and while I take no money. . . mine is almost exclusively critique and education, at the core.

But when a racist white supposed billionaire steals a black artist’s work, without attribution — to promote white supremacist rhetoric. . . whelp — there we draw a line in the sand. Tangerine is. . . in sum, no artist.

Out, grinning. . . . be excellent to one another.

नमस्ते

In A Decision Widely Hinted At, Previously — The Supremes End Moratorium On Evictions…

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Back in June (as we explained) Kavanaugh’s opinion actually held that the CDC needed new Congressional authority to continue the federal level, nation wide eviction bans, due to the pandemic. Regardless, he and his conservative colleagues allowed it to continue primarily since it was to expire this month. But with the extension, it was clear the Supremes were going to strike it — unless Congress acted. Congress. . . as we know, did not.

This decision does not end any local city, county or state level eviction bans. The states are free to keep theirs, and my city, and Cook County very likely will. Get up to date on your own city council’s actions, over the last two years. In any event, here’s the order:

. . .JUSTICE KAVANAUGH concurred, explaining that he agreed with the District Court that the CDC’s moratorium exceeded its statutory authority. But because the CDC planned to end the moratorium in only a few weeks, and because that time would allow for additional and more orderly distribution of congressionally appropriated rental assistance funds, he concluded that the balance of equities justified leaving the stay in place. JUSTICE THOMAS, JUSTICE ALITO, JUSTICE GORSUCH, and JUSTICE BARRETT noted that they would vacate the stay. . . .

The moratorium expired on July 31, 2021. Three days later, the CDC reimposed it. See 86 Fed. Reg. 43244. Apart from slightly narrowing the geographic scope, the new moratorium is indistinguishable from the old. . . .

I think it wise as a policy matter, not to try to move sick families during a public health emergency. And I do think the CDC has broad powers to ameliorate public health emergencies. [As a side note, it is clear that conservatives did NOT find a guy who simply applies the law as written, when they picked Kavanaugh. He here shows himself to be the worst sort of pragmatist — which in fact makes him. . . unpredictable — and that alone should frighten the hard-right, quite a bit, when it comes to personal liberty questions. Charming. They bought it, though — to be certain.]

That said, there is no “unlimited in duration” authority, to act (at the federal level, at least) without new legislation being passed (afterall, landlords do have property rights, too). Two years is likely the zenith of what this court will “look the other way” on. Onward. . . smiling in spite of myself. . . .

नमस्ते

Hilarious! “Brain-Damaged” (By His Own Sworn Criminal Domestic Abuse Defense Court Filings!) Herschel Walker To Now Split The GA GOP Vote — And Guarantee Democratic Senator Warnock Keeps His Seat.

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I will just leave that whole story right here. You couldn’t make this stuff up, if you tried.

But it would seem the Tangerine wing wants only to destroy the GOP outright — not win any actual elected national office, in the Peach State. [He was a great running back, and I do not doubt that concussions have played a role in how his later years are turing out. . . but it would seem that his very public troubles disqualify him from holding a Senate seat, on fitness. I do not mean to demonize mental illness — but I’m pretty sure most Americans, and Georgians, in particular. . . see that as a “bridge too far.” That, and oh — and he thinks. . . Tangerine won in 2020.]

Hushing now — but grinning, ear to ear. Senator Warnock and Stacie Abrams must be grinning too. . . .

नमस्ते

As Hinderaker Gleefully Hopes For A “Hostage Situation” At Kabul Airfield, The Boys Try To Bury Trump’s Documented History.

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To be certain, there is, and should be… blame on all sides — for the 20 years in Afghanistan. And the then-Soviets suffered much the same humiliations, for 20 years, over 40 years ago.

So history may declare that the objectives by both imperialist nations were all… wrong.

But that said, and Biden hasn’t done a perfect job here — we must note that Hinderaker’s gleefully hoping for US hostages to be taken in Kabul, by the Taliban — so he may score Carter analogy points… is disgusting.

We must also note that all the Powerline boys — and much of the GOP, in truth — are busily trying to erase Trump’s statements, from all archives. It will not work. The internet is… forever. [We all ALSO remember that Trump wanted to invite the Taliban to the White House and Camp David for “peace talks” on the anniversary of 9-11.]

We also remember his crowing, at right. We remember that he said he wanted to withdraw all forces by May 11, had he been re-elected. He wasn’t.

So… openly lying, and saying this is all on the 2021 Democratic Administration… is patently stupid.

And in John’s specific set of lies / case… it amounts to borderline sedition — and treason.

When A Lie Is So STUPID… It Becomes A Defense To… Sedition — And Treason, In The US: Candace Owens Edition.

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I’ll just note for the record that Ms. Owens-Farmer is quite lucky to live in America, where the first amendment protects the most outrageous and foolish of liars, primarily by saying (under applicable US Supreme Court jurisprudence) that… no sentient human could believe the lie, so the liar is not liable.

Lucky for Candace, that.

[And doubly lucky — that most of her core audience is largely below sentience — so the lie… actually will gain some… at least meager traction.]

Who cares, though — she increasingly speaks only to people who are fading into obscurity — into the ashbin, of history.

See at Right. Out.

Exhibit A: The People Powerline Blog Backs (And Lauds)… Are Malignant Know-Nuthins’

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Do go read the entire Politico story — on the “Year of The Lake of The Ozarks” — super spreaders / Darwin Award winners.

These Missouri fools choose to verbally attack a woman with cancer — for wearing a mask at Wal-Mart. This is pure… evil. WTF do these knuckle-draggers think they are?

…One woman, Brittany Hanlon, who wears a mask while battling cancer, said she was heckled for doing so while walking through a Wal-Mart. “Take off your mask!” two women shouted at her as she tried shopping. The women told her, “that the mask was making them uncomfortable,” Hanlon recalled, “which I don’t understand. It’s not like I was doing anything mean or inappropriate, I just had a plain black mask on….”

An employee at the Ha Ha Tonka State Park Visitors Center, in the Lake of the Ozarks area, Hanlon says she wears a mask while interacting with roughly 600-700 people a week there. She is typically greeted with sneers and requests that she remove it.…

I would love to believe that Powerline‘s blogger crew is smarter than deciding to back this sort of (above) malevolent lunacy — but it is not. Also, see this idiot’s insipid take.

In any event, many of these idiots will soon… pass. But the taxpayers of Mizzou will end up paying for their last illness and care, in almost every case. Disgusting.

Onward — and out.

Thomas Barrack, A REAL Billionaire — Was Arraigned In Brooklyn, This Afternoon. See His “Home Confinement Mansion” — In Aspen.

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In truth, this (purchased as new construction, in Dec. 2017) is one of only four homes he may shuttle between, under the bail/bond order. [He entered a plea of not guilty.]

But he will wear a GPS monitored ankle bracelet, from now on — and he DID sign a bond of $250 million, and confessed judgment against a $5 million cash account his law firm holds at the moment. Still — when the dust settles, this traitor to honest, disclosed US interests (alleged) must see. . . real jail time.

. . .The $250,000,000 appearance bond shall be partially secured by his 21,293,192 DigitalBridge Operating Company, LLC Units. . . .

The $250,000,000 appearance bond shall also be partially secured by [four separate houses, and associated parcels of] real property. . . with deeds of trust [for each] to be placed with the Clerk. . . .

This is what Tangerine only wishes his net worth looked like. It does not. But if convicted on the top indicted charges, this guy essentially faces a life sentence.

Orange jumpsuit, and concrete walls — yep, it’s the new austere, for him. Out.

नमस्ते

Now Six Days Later, Candace Owens Farmer STILL Hasn’t Admitted That Her Specious Suit Against Zuckerberg, Et Al… Was Tossed On Its Ear.

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Of course. We know. This will cut into her fundraising goals — since she’s been laughed out of Delaware court, on her claims against Facebook. [Backgrounder of mine, here.] She is one. . . brazen huckster, to be certain. It may be weeks before she updates her trashy web-site, for the “bounced out of court” news.

Here it is — in any event:

. . .The judge ruled earlier this week that Owens had failed to state an actionable claim against USA Today or Lead Stories LLC, a Colorado-based entity. Lead Stories, like USA Today, is paid by Facebook to publish fact-check articles examining whether certain posts contain false information, according to the court ruling. Dozens of outside organizations, including The Associated Press, participate in Facebook’s fact-checking program. . . .

Karsnitz also said Owens, a public figure, failed to show that Lead Stories had published a false statement and did so with actual malice. The judge also ruled that Owens failed to adequately plead that the defendants improperly or wrongfully interfered with the performance of the contract between her and Facebook. “A tortious interference claim cannot survive if the claim is premised solely on statements that are protected by the First Amendment because the exercise of constitutionally protected speech cannot be an ‘improper’ or ‘wrongful’ action. . . .”

She is one. . . dented, damaged, and malignant piece of work. Onward, grinning — on, to a perfect Summer Sunday’s morning. . . . be excellent to one another.

नमस्ते

Commander And Senator John Glenn Would Have Turned 100, Yesterday…

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He made it to see his 95th birthday — and lived a life. . . literally quite unlike any other human of the mid- to late- 20th Century. NASA has an interactive tribute up this weekend, and so we will re-run ours of five years ago, on his passing, below.

~~~~~~~~~~


This truly is a moment for. . . smiles — of wonder. Senator Glenn just caught a ride — on a moon-beam — and he’s on his way. [How does one hold a moon-beam, in one’s hands. . .?]

This was a man whose life embodied every bit of what the greatest generation was all about. At the bottom, I’ll add a few lines of poetry or prose, when I find something truly fitting. But for now, read his local newspaper’s version of some of more prosaic events of his life. Yes, by the standards of his life — the Friendship Seven ride was just one small part of the arc of his life. [He might well say that every moment, with his Annie, made up almost all the transcendent ones, you see.] Here’s a bit:

. . .In 1959, [Commander Glenn] was selected as one of the country’s first seven astronauts, a historic group immortalized in Tom Wolfe’s 1979 book The Right Stuff, the basis for a movie of the same name.

The United States was enveloped in a cold war with the Soviet Union, and after a series of U.S. rockets had blown up, the American psyche was dealt a blow in 1961 when Russian Yuri Gagarin became the first human in space and the first to orbit Earth.

The third American in space after suborbital missions by Alan Shepard and Gus Grissom, Glenn finally equaled Gagarin’s achievement by blasting off on Feb. 20, 1962, after weather and mechanical problems caused his mission to be postponed 10 times.

Crammed into the 7-foot-wide Friendship 7 space capsule atop a 100-foot-tall Atlas rocket loaded with 250,000 pounds of explosive fuel, Glenn launched 160-miles into space, orbiting the world three times at 17,500 miles per hour.

Reflecting many years later, Glenn would say that computers were the greatest technological achievement during his life, but there were none on Friendship 7, and deep into the flight he had to take manual control of the capsule when systems malfunctioned. . . .

[More in moments — but just as a sweet one turns one — another rides. . . a moon-beam out. . . .] Sally Ride is known to have remarked — of where Commander Glenn is now — “the stars don’t look bigger [in space], but they do look brighter. . . .” That I think is the perfect closer, here. Perfect. Smile with me now.

नमस्ते