Wait, who said what about civil disobedience?

And until people start getting arrested, I don't think we're there yet.


On Sat, Aug 2, 2008 at 12:18 AM, Nelson Pavlosky <[EMAIL PROTECTED]>wrote:

> There are definitely situations in which civil disobedience could be
> justified and even required, although such situations are much less
> common in the field of free culture than in the field of, say, civil
> rights.
>
> The event that lead directly to the founding of SFC, the Diebold case,
> included a civil disobedience component, although it was not one that
> Luke and I directly participated in.  There were these memos that
> detailed possible problems with the voting machines which are the
> backbone of our democracy, and Diebold was trying to suppress that
> information.  Luke and I took the legal route, fighting it in the
> courts, but our allies didn't want to count on the courts making the
> right call when democracy itself was on the line: they wanted to make
> sure the public got the information it needed one way or the other.
> They organized a system of mirrors on college campuses, including people
> like Asheesh Laroia and many of our earliest SFC recruits, to make sure
> the Diebold memos stayed available.  Diebold had to play whack-a-mole,
> sending takedown notices to each campus, but once the mirrors on one
> campus were shut down, the memos just popped up on another campus.
>
> It actually turned out that the court agreed with us that hosting the
> Diebold memos was legal and a fair use.  Therefore the "electronic civil
> disobedience" campaign had been arguably legal the whole time, and not
> actually civil disobedience.  However, if the court had ruled the other
> way, the mirrors would have continued to host the Diebold memos and
> ensure public knowledge of possible flaws with our elections, even if it
> had been judged to be against the law.  And I would have supported them
> in that action 100%, even if I were unable to participate myself due to
> legal reasons (I would have wanted to keep my hands "clean" during the
> appeals process, presumably).  Sometimes the law is wrong, and when the
> stakes are high enough, it is best to break the law, accepting the legal
> consequences for your actions.
>
> I am not saying that SFC should necessarily ever officially organize a
> campaign involving civil disobedience.  That's a question for the
> lawyers, as to what is legally possible or what is legally most
> damaging, and an ethical question of whether it would be better to let
> the organization shoulder the consequences for a civil disobedience
> action, or to let the individuals hang separately.  However, I can
> easily imagine another situation where civil disobedience would be
> justified and necessary, just like the Diebold case if the court had
> ruled the other way, and it would be a discussion worth having as to
> what SFC's responsibilities are given our mission, our resources and our
> constituents, and whether SFC should knowingly break an unjust law.
>
> Peace,
> ~Nelson Pavlosky~
>
> Clifford Conley Owens III wrote:
> > I hear a lot of people in this organization speak very highly of civil
> > disobedience, and it seems like some of us are just waiting for an
> > opportunity to justify breaking the law and sticking it to "the man."  I
> > suppose I could right a very long-winded article on why I think civil
> > disobedience is a bad idea, but I'm not much of a writer, so I'll just
> > say a few things that come to mind.
> >
> > One example that often comes up is piracy, but I feel that that helps
> > out the mpaa/riaa far more than just boycotting it all together.  I
> > suppose most of you don't know this, but I used to be on the far other
> > side of this discussion (about copyright/culture).  I remember arguing
> > about copyright and piracy with someone in a philosophy class in high
> > school (and imagine me talking like a 16-year-old version of Dan
> > Glickman).  I thought that everyone who disagreed with me was being
> > immature.  How ironic that over four years later I became a grad student
> > and the person I was arguing with was one of my first chapter members.
> > But the thing is, I *still* think that all the people in the room who
> > disagreed were being immature!  It wasn't until I discovered
> > *constructive* solutions like the FSF and CC that I really changed my
> > mind about things.
> >
> > I'm open for discussion, but if this organization ever plans a civil
> > disobedience event, you can count me out of the event, and possibly out
> > of the organization.
> >
> > ~Conley
> > _______________________________________________
> > Discuss mailing list
> > [email protected]
> > http://freeculture.org/cgi-bin/mailman/listinfo/discuss
> >
>
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