Governmental Overkill: Woman Fined 1.9 Million For "Pirated" Works

CNN reported another incidence of corporate/governmental overkill now going on in our nation with respect to the recording industry's pursuit of any and all Americans that download songs or sounds without paying for them from the internet.

Now I admit there is quite a problem with this for writers and other artists, especially due to the fact that there is a clear lack of regulation over the commercial websites that market to the public for writers and artists in order to make the ad revenues and also for other nefarious purposes.

And there are citizens who abuse the Internet also as a free source of material which is, under U.S. laws and those of most countries which are under "common law" civil provisions (including Canada, Britain and most of the European nations in the EU) with respect to copyright protection for artistic works.

Many citizens also have been misled to believe that since the Internet is a public communications tool, that any and all material on it are covered under public domain provisions.

That is not the case anymore than you can copy text out of a library book simply because it is in the library.

The problem with this particular case was not so much the infraction, but the costs of the trial and the award involved for going after a woman who illegally downloaded five songs, which due to judicial error and technicalities with respect to jury instructions given ended up resulting in two different jury trials in a federal court. It didn't even meet the CIVIL threshhold for an afforded trial by jury, since those limits are $20.00 under the Constitution.

And while U.S. citizens throughout the nation now under the new criminal DUI "social drinking" levels and laws are denied jury trials in many states throughout the nation due to another redefinition and unconstitutional Supreme Court ruling in effect attempting to eliminate the right to trial by jury for "ALL criminal matters," by inserting the words "unless the term of incarceration is six months or more," this trial was initiated over a civil infraction actually due to the financial "loss" involved for five downloaded single songs.

There is an has been a move to criminalize such activities which has been in the works for years and this may be the case, but if so would appear the criminal fines and penalties are still out of whack for the actual infraction and loss involved here, in my and most rational citizens opinion. This would clearly have been a criminal misdemeanor, since the amounts involved don't even meet the civil jury trial minimum of $20 under the Constitution.

Apparently, the jury found her guilty, and the amount of the "fine" imposed was 1.9 million, over the amount of the original award in the first trial of $220,000. "Cruel and unusual punishment" doesn't even begin to describe how ludicrous the actual award was, and also the lengths that the federal courts went to in order to prosecute this woman and mother of four.

There was absolutely no report or evidence, apparently, that she had redistributed the works, or made any profit off of her illicit activity. So the loss involved to the recording company as the "injured" party under both civil and criminal common law according to the "proof" of damages required in such a case as this would have simply been the amount of the cost of the retail price for the music, which was less than $5.00.

Of course, now there will be another appeal, and the legal fees at this point must also be off the charts, and wonder just exactly why the judge didn't simply throw this case out the window due to the amount of the proveable damages involved as less than even the provisions for civil minimums for jury trials.

It did not state also whether or not the jury actually did determine the award, or whether these "fines" were determined under federal statute and levied by the federal judge which has become the case with many a "political" case meant to set a precedent or as a tyrannical power move by the federal government, and if that was the case, we do have a bunch of governmental officials that are off their rockers in again their lack of even giving any cursory value to the Constitution. Fines in that amount are beyond what any "average" American could pay and nothing more than again tyrannizing the public for the record executives, apparently.

I wonder if the jury instruction was given that the jury had the power to actually also examine the law and the penalties for applicability in this case based upon the actual facts and losses involved.

True bootleggers would have redistributed the work, and then there would have been certainly more to gain in going after those that are profiting off of pirated works, not simply for their own enjoyment.

You can make a tape off a radio station, for heaven's sakes, or a CD from your friends purchase which carries no penalties at all unless it is also "resold" for commercial purposes and meets the damage threshhold.

If this was a jury determined award, I wonder if the lawyers voir dire in the jury selection determined whether or not any of these jurors were record executives, or federal employees.

And with awards such as these, it would appear our federal government is flush with cash due to their tyranny and are truly bankrupting the citizenry with such abusive practices, so perhaps had more than enough in the kitty rather than borrowing from the Fed at the public's expense, in order to bail out at least one of those automakers without also placing the debt on the public - since this poor woman is going to be paying this off for the rest of her life, in addition to funding the Big Three.

More importantly, it appears due to the publishing by CNN of this case it is simply another example of governmental tyranny on the public more than anything.

This mother was simply made an example, so I truly wonder how "impartial" that jury was, or whether it actually was one of her "peers," or a loaded jury with public federal or state employee "professional" jurors which is becoming more and more the case when there is a governmental agenda involved, or when there is federal grant monies tied in with some of the convictions (as in the low level DUI laws now), since there are strings attached to most of those pork sums sent "back home" by the feds in order to keep the states in line with the federal agendas, and the funding rolling in.

Unbelievable.

Maybe going after the Chinese and Taiwanese designer rip-off artists who import to their buddies living in the U.S. through the mail and ports of entry would be a much better use of our courts, and those internet scam artists now luring writers and artists making ad revenues of their designs and work for advertising purposes, and then attempting to shelter themselves from any and all liability if such work is redistributed either intentionally or accidentally within their non-negotiable "terms of service" agreements written also by their "corporate" lawyer scam artists.

We don't need free speech regulation of the internet unless harassment and stalking websites and engaging in repeated and profane personal attacks are involved, we need "corporate commercial" regulation of the scammers preying on the public, and paid governmental "grant money" bloggers promoting their propaganda for governmental purposes, both political and for their "corporate" personal gain, such as the Republican, Democratic and other mainstream extra-Constitutional fringe "party" members, marketers and spin doctors spewing party platforms and their agendas as "Constitutional" positions.

That, too, is civil fraud, and actually worse, criminal treason ala Benedict Arnold, the highest criminal "public" offense "against the state" and people in this country under the governing law, the U.S. Constitution and intent of the founders. And neither private citizens, nor especially public servants or individuals have any inherent immunity in that respect, especially for intentional negligence or intent in their public servant positions, since their oath is to the Constitution and not "public opinion" or "state or personal interests."

http://www.cnn.com/2009/CRIME/06/18/minnesota.music.download.fine/index.html?eref=rss_topstories

U.S. Constitution is De Facto Law of the Land

Below is an excerpt from the Sixteenth American Jurisprudence, Second Edition, Section 256, which affirms that the U.S. Constitution, unless and until LAWFULLY amended as contained within it's express provisions, is a contract between the federal and state government and it's people, and the defacto Law of the Land.

As a contract itself and in spite of U.S. history almost from the moment it was ratified by the 13 original colonies, any and all interpretations or applications of the provisions contained within it under the "common law" upon which contract law is based according to the Magna Carta (used by the founders in their deliberations) by any and all judicial authorities at both the state and federal level is to be done using the "common useage" English definitions in such interpretations or applications pursuant to "contract law doctrine." The footnote citations relate to U.S. case law which enforces this restatement and can be researched after pulling up the Am.Jur citing for a listing of footnoted case laws at any local law library:

Section 256. Generally.

The general rule is that an unconstitutional statute, whether federal [29] or state, [30] though having the form and name of law, is in reality no law, [31] but is wholly void, [32] and ineffective for any purpose; [33] since unconstitutionality dates from the time of its enactment, and not merely from the date of the decision so branding it, [34] an unconstitutional law, in legal contemplation, is as inoperative as if it had never been passed. [31] Such a statute leaves the question that it purports to settle just as it would be had the statute not been enacted. [36] No repeal of such an enactment is necessary. [37]

Since an unconstitutional law is void, the general principles follow that it imposes no duties, [38] confers no rights, [39] creates no office, [40] bestows no power or authority on anyone, [41] affords no protection, [42] and justifies no acts performed under it. [43] A contract which rests on an unconstitutional statute creates no obligation to be impaired by subsequent legislation. [44]

No one is bound to obey an unconstitutional law [45] and no courts are bound to enforce it. [46] Persons convicted and fined under a statute subsequently held unconstitutional may recover the fines paid. [47]

A void act cannot be legally inconsistent with a valid one. [48] And an unconstitutional law cannot operate to supersede any existing valid law. [49] Indeed, insofar as a statute runs counter to the fundamental law of the land, it is superseded thereby. [50] Since an unconstitutional statute cannot repeal or in any way affect an existing one, [51] if a repealing statute is unconstitutional, the statute which it attempts to repeal remains in full force and effect. [52] And where a clause repealing a prior law is inserted in an act, which act is unconstitutional and void, the provision for the repeal of the prior law will usually fall with it and will not be permitted to operate as repealing such prior law. [53]

The general principles stated above apply to the constitutions as well as to the laws of the several states insofar as they are repugnant to the Constitution and laws of the United States. [54] Moreover, a construction of a statute which brings it in conflict with a constitution will nullify it as effectually as if it had, in express terms, been enacted in conflict therewith. [55]

An unconstitutional portion of a statute may be examined for the purpose of ascertaining the scope and effect of the valid portions. [56]

The numbers in [brackets] are footnotes that refer to court decisions. You can look them up in the American Jurisprudence at any law library.

Juries in the United States have the right and power to judge the law as well as the facts. This means that a jury can acquit a defendant for any reason or none and need not give any reason for it's decision. Therefor bad statutes that are unconstitutional or immoral can be set aside, or good laws that are misapplied can be ignored. This is called "jury nullification."

AIG: The Sanctity Of Contracts?

Recently "Break the Matrix" and Fox aired a segment from Judge Andrew Napolitano's "Freedom Watch" program with respect to the recent actions of Andrew Cuomo, Governor of New York, over the AIG executive bonuses and his actions visiting the executive's homes and demanding that these executives return those bonuses. Judge Napolitano was outraged, and relied on the Constitutional provisions with respect to contracts on the bonus issue.

I have just one problem with that. Contracts in bankruptcy or restructuring actions have never been ruled as "inviolate" when individuals are seeking bankruptcy protection, nor corporations, through the federal court system.

In fact, many contracts are set aside in such procedures depending on the assets, and future obligations are also scrutinized carefully since it is the trustee and court's job to protect the creditors primarily in getting the debts satisfied in whole or in part through whatever assets remain of the debtor and distributed accordingly at the time of filing. What can be protected by the debtor is also set by state and federal statute in order not to knock the legs totally out from under the debtor.

Also, the timing of execution of those contracts is also examined carefully, since there is a time frame prior to bankruptcy which must be met before that contract can be held valid in order to also protect the creditors - many a debtor has attempted to transfer assets using contracts in avoid their inclusion in the bankruptcy action which may be entered into when it appears bankruptcy is inevitable as an protection and avoidance tactic. How do I know this? I have had both friends and family members who have had to file bankruptcy both personally, and for their small businesses. I also worked as a contract law paralegal for many years.

Below is a copy of my letter to the Judge after viewing this segment:

Dear Judge Napolitano:

I just finished watching another interview on Fox regarding the AIG bonuses and Geithner's actions.

I am very, very confused as to where you are actually coming from.

Mr. Geithner, with respect to AIG at this point, since he was unlawfully transferred the trusteeship for this in effect bankruptcy action of a "global" corporation by Congress when they had no Constitutional authority to do so for this "restructuring" outside the federal court's jurisdiction, is in essence acting as trustee for the stockholders and shareholders and the American people.

Contracts are not inviolate under our Constitution nor under the common law and existing case law. As a matter of fact, many, many contracts are "set aside" for various reasons, especially in bankruptcy actions depending on just when those contracts were executed, whether they are "excessive" in their terms, and depending on the assets of the person or business claiming bankruptcy.

Corporations are not "persons" they are "property." They can be bought and sold. In a normal bankruptcy for an individual, all of their assets are up for grabs in order to satisfy the debts - which would include also any future obligations.

You can "contract" for a hit man, but that doesn't make that contract valid.

So just why does the media and the media representatives continue with all this smoke and mirrors with respect to the validity of this entire "bankruptcy," not to mention those bonuses - for a global corporation outside Constitutional authority to begin with?

The Myth of Executive Privilege

It been interesting to continue to read and hear the propaganda again being spewed in the interviews that have been given by Karl Rove (the "Architect") in his refusal to submit to a subpoena by the House Judiciary Committee in order to answer some questions with respect to his performance in the Bush Administration.

Mr. Rove has been credited with being the architect of Mr. Bush's rise to the presidency, sort of a private marketing and PR agent. After leaving the employ of the White House, he has since been snared by Rupert Murdoch as a Fox News Analyst in order to work his architectural magic and PR skills for Fox now on the American people in a much greater forum with a little longer sound bites as an "expert" for the national news media.

An expert in what I haven't a clue, since the Bush Administration has been the most unpopular in my memory, far surpassing that other erstwhile Republican(?), Richard Nixon.

Search and search as I may within our U.S. Constitution nowhere does it indicate that there is such an animal as 'Executive Privilege," nor "sovereign immunity" (that was the British invention that caused the Revolution to begin with - the sovereign's tyranny and governing without accountability of the first King George).

Mr. Rove, it appears, has now since abandoned the executive privilege argument, and now in order to put another spin on it, has used as his defense the "separation of powers" doctrine. Unfortunately, this one doesn't fly either, since the "separation of powers" doctrine does only apply to the President himself (and possibly his high level cabinet members) but certainly not to an architect, and only applies to the separation of powers and duties, not lack of accountability to the other branches for them, or to the people.

Fox media representatives, including Bill O'Reilly, that "no spin" spinner, of course, affirmed in his commentary this illusion for his co-compatriot and fellow Fox employee. I think Mr. Rove does need to review the relevant founder's letters and documents regarding the "checks and balances" functions of our government, which is what Congress and the legislature is to be for the Executive Office. The "check" when the President or any of his advisors or appointees steps out of "Constitutional" line, so all stays "in balance."

In fact, as the founder's intended the "separation of powers," it was in reference to the fact that each branch of the government had "separate" and distinct "enumerated powers" as contained within the Constitution itself. However, each of those branches were accountable not just to each other, but also to the American people (i.e., the right to petition contained in the Bill of Rights).

The impeachment provisions were included as a "check" on the President by the Congress and judiciary. The provisions for LIMITED protection from "arrest" of Congressional members was only extended to times when Congress was in session and votes were being taken (and due to acknowleding their role, being constrained to their enumerated powers, Congress was not in session the majority of the entire year as it is now). The founder's didn't extend "civil" or criminal protections for their "acts or omissions," rightly determining that "civil servants" of the people also should be held to the same and higher standards than those whom they governed.

These provisions have been utilized selectively and minimally in the past for political reasons, but on the scale of the abridgment of the Constitution that are going on now at all levels, it appears to most Americans we've got not only a President, but an entire Congress and Supreme Court that are doing their own thing with actual disdain for the entire framework of our country in their progressive abridgments and politicization of our national institutions.

Even the Supreme Court was to be held "accountable" for their decisions, with the provision that they were to be removed "when not in good behavior." In 1776 "good behavior" was intended and interpreted to mean any form of criminal conduct and behavior (including abridging also their Constitutional limits), not simply being drunk and disorderly.

While the Supreme Court has interpretative powers, its interpretative ability was limited to the clear language contained within it. Not rewriting or amending it, since there is a process for amendment, and the Supreme Court is not a part of that process. Thus, "public use" means just that "public use," and not "public purpose" as in the recent Kelo decision. And "the right to privacy" was intended to protect individuals from unlawful search and seizures, and security of their homes and properties primarily (as violated by much of the provisions of the Patriot Act), not as so broadly defined by the Supreme Court in the Roe vs. Wade case (a case in which they even overstepped their jurisdictional boundaries, since it was an appeal of a case between two citizens, and not between a citizen and the state).

But it does appear fairly clear that with respect to the Rove refusal, his claim of "sovereign immunity" and "separation of powers" as "legal" in response to a Congressional subpoena, how contemptuous many on the Hill have become to our true form of government, and how suspect Mr. Rove's continued FOX analysis should be taken by the American people for any contributions he should make in his new media "analyst" role.

The "spins" both all the major networks, especially the cable networks, are nothing more than a ratings game with little fact to the reporting, and ex-teachers, lawyers and erstwhile architects are the ones now doing the spin doctoring.

Forget the federal and state goals regarding improving our education system and leaving them in charge, since with such propaganda it does makes you wonder about both the present and future brainwashing of the next generation. Bill O'Reilly, Karl Rove and cable news style of educating I think the youth of this country could do without. You pay for this abuse people.

I hope maybe CNN or one of the other news networks will take this up with Mr. Rove in greater detail, on just what legal grounds he has in his beliefs on executive privilege, sovereign immunity, and separation of powers with respect to HIS position and protection, and just where that wording is in our Constitution?

But as now a Faux paid analyst with his new job spin doctoring on O'Reilly for the New Republican/Globalist/corporate communista cause (as opposed to the true Constitutional Conservatives) taking up most of his time, won't hold my breath. And also somewhat certain that due to the decline now in the integrity of most mass media professionals and journalistic reporting on both sides of the aisles, my equilibrium could handle the news bites.

U.S. Constitution is DeFacto Law of the Land

Below is an excerpt from the Sixteenth American Jurisprudence, Second Edition, Section 256, which affirms that the U.S. Constitution, unless and until LAWFULLY amended as contained within it's express provisions, is a contract between the federal and state government and it's people, and the defacto Law of the Land.

As a contract itself and in spite of U.S. history almost from the moment it was ratified by the 13 original colonies, any and all interpretations or applications of the provisions contained within it under the "common law" upon which contract law is based according to the Magna Carta (used by the founders in their deliberations) by any and all judicial authorities at both the state and federal level is to be done using the "common useage" English definitions in such interpretations or applications pursuant to "contract law doctrine."

The footnote citations relate to U.S. case law which enforces this restatement and can be researched after pulling up the Am.Jur citing for a listing of footnoted case laws at any local law library:

Section 256. Generally.

The general rule is that an unconstitutional statute, whether federal [29] or state, [30] though having the form and name of law, is in reality no law, [31] but is wholly void, [32] and ineffective for any purpose; [33] since unconstitutionality dates from the time of its enactment, and not merely from the date of the decision so branding it, [34] an unconstitutional law, in legal contemplation, is as inoperative as if it had never been passed. [31] Such a statute leaves the question that it purports to settle just as it would be had the statute not been enacted. [36] No repeal of such an enactment is necessary. [37]

Since an unconstitutional law is void, the general principles follow that it imposes no duties, [38] confers no rights, [39] creates no office, [40] bestows no power or authority on anyone, [41] affords no protection, [42] and justifies no acts performed under it. [43] A contract which rests on an unconstitutional statute creates no obligation to be impaired by subsequent legislation. [44]

No one is bound to obey an unconstitutional law [45] and no courts are bound to enforce it. [46] Persons convicted and fined under a statute subsequently held unconstitutional may recover the fines paid. [47]

A void act cannot be legally inconsistent with a valid one. [48] And an unconstitutional law cannot operate to supersede any existing valid law. [49] Indeed, insofar as a statute runs counter to the fundamental law of the land, it is superseded thereby. [50] Since an unconstitutional statute cannot repeal or in any way affect an existing one, [51] if a repealing statute is unconstitutional, the statute which it attempts to repeal remains in full force and effect. [52] And where a clause repealing a prior law is inserted in an act, which act is unconstitutional and void, the provision for the repeal of the prior law will usually fall with it and will not be permitted to operate as repealing such prior law. [53]

The general principles stated above apply to the constitutions as well as to the laws of the several states insofar as they are repugnant to the Constitution and laws of the United States. [54] Moreover, a construction of a statute which brings it in conflict with a constitution will nullify it as effectually as if it had, in express terms, been enacted in conflict therewith. [55]

An unconstitutional portion of a statute may be examined for the purpose of ascertaining the scope and effect of the valid portions. [56]

The numbers in [brackets] are footnotes that refer to court decisions. You can look them up in the American Jurisprudence at any law library.

Juries in the United States have the right and power to judge the law as well as the facts. This means that a jury can acquit a defendant for any reason or none and need not give any reason for it's decision. Therefor bad statutes that are unconstitutional or immoral can be set aside, or good laws that are misapplied can be ignored. This is called "jury nullification."