Point taken regarding unauthorized copying masquerading as civil
disobedience, Conley, but I would caution against throwing out babies
with bathwater. Non-violent direct action has been a powerful tactic
for many activist organizations and social movements. Properly
deployed amid a diversity of approaches, it can be done effectively,
respectfully, and responsibly.

Kevin



On Fri, Aug 1, 2008 at 11:55 AM, Fred Benenson <[EMAIL PROTECTED]> wrote:
> 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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