Court Rules “Success Kid” Meme Use in Political Ad Does Not Qualify as Fair Use

When the Obama White House in 2013 used the “Success Kid” meme to promote, in posts on social media, the adoption of the Immigration Reform Bill – nobody clenched a fist, much less batted an eyelash to brand this PR strategy as a copyright violation.

However, the same can’t be said for the case of former Republican Congressman Steve King’s use of the meme (variations of which have been all over the internet for the past 15 or so years). But, when it made its way to one of King’s Facebook posts in 2020, the family of the child whose picture is used as a template sued on copyright grounds.

And now a court has once again sided with their arguments. The “new rule” is that the image turned into a meme, when used in a political ad, does not fall under the fair use copyright exemption.

The mother of the child, Laney Griner, has no problem with the picture being used in other types of ads – the United States Court of Appeals For the Eighth Circuit ruling notes that she took the photo in 2007, and after “Success Kid” became extremely popular, copyrighted it in 2012 to then license it to the likes of Virgin Mobile, Vitamin Water, Microsoft, and Coca-Cola, who used it in ads.

The original 2022 verdict in the case brought by Griner against King was that unlicensed use took place and that his campaign, but not the congressman himself, was guilty, and ordered them to pay $750.

In appealing the ruling, the campaign argued copyright law’s fair use rule to defend the inclusion of the meme in a fundraising effort. Another argument was implied license.

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Parade of Pharisees: It’s Time to Separate Piety And Politics

Piety with a side of eggs

One of the most brazen if not most shameless “free exercise thereof” examples is the annual National Prayer Breakfast. Politicians gather to silently pray that the Lord will smite all their enemies — or at least get them indicted on multiple charges. And the common theme of comments at the event is that the political class is doing God’s work.

The prayer breakfast long ago turned into the type of “market” that Jesus castigated thousands of years ago. The prayer breakfast became notorious as “an international influence-peddling bazaar, where foreign dignitaries, religious leaders, diplomats and lobbyists jockey for access to the highest reaches of American power,” the New York Times reported. Maria Butina, who the media labeled as a Russian spy because she failed to register as a Russian agent, used the breakfast as a way “to establish a back channel of communication” with America’s top political leaders, according to a 2018 federal indictment. Franklin Graham described the prevailing motive at prayer breakfasts in 2018: “I can tell you right now, everybody in that room has the same agenda. They’re wanting to be able to rub elbows with somebody that they normally couldn’t rub elbows with.”

Controversy over the foreign spying spurred a newly formed organization to take over the prayer breakfast gig. It issued a revised mission statement: “The vision of the National Prayer Breakfast Foundation is to promote and share the idea of gathering together in the Spirit of Jesus of Nazareth,” with participants “united in believing that by looking to the life of Jesus, people of diverse backgrounds and beliefs can join together, encourage and promote forgiveness and reconciliation.”

Politicians joyfully join together to con the rubes — to keep average Americans paying and obeying Uncle Sam. The national Prayer Breakfast is a keystone of civic religion in the nation’s capital. That religion is devoted to worshiping the government and pretending that federal agencies can perform miracles, regardless of their past records.

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The Unifying Principle: Here’s Why the Political Divisions in the US Today Cannot Be Mended

Recently I was watching a short documentary about the history of political discourse and division in the US and it got me thinking about how the internal conflicts of the past might relate to the rampant social battles Americans are dealing with today. From early disagreements between various Founding Fathers on hot button issues like the Sedition Act, central banking and standing armies, to epic and disastrous conflagrations like the Civil War, America has never been “of one mind” on everything.

Overall, though, the longstanding assumption is that even when we slip and fall into disarray Americans will find common ground and move on towards the future together.  It’s a nice sentiment, but what if this ideal no longer applies?

There are some people that argue there was never a golden era for the US; that we’ve always been destructive, or exploitative or “imperialist.” Of course, it’s very easy to examine any given time period through the lens of modern sensibilities and pass judgment. How we would do things today is not necessarily how we would do things yesterday. We can’t easily condemn the men and women of the past without at least recognizing that we will probably never see the issues of their day from their perspective.

The political left is the most egregious violator of this principle. They have a bad habit of trying to rewrite history according to their current ideological cultism and applying their taboos to time periods when civilization had very different views on how to function. The progressive philosophy is partially rooted in “futurism”; the idea that all old ideas and ways of doing things must be abandoned to make way for new methods. In other words, they think everything “new” is better and must be embraced.

Frankly, this theory has never proven correct. Not every old idea should be left behind and not every new method is better. In fact, most ideas that leftists think are new are actually very old. There’s nothing ground breaking about DEI (Diversity, Equity and Inclusion), it’s just another form of Marxism based on personal identity rather than the traditional class politics.

Do you want to know what DEI really is? It’s a vehicle for forced association.

Forced association is used to leverage populations into a homogeneous soup, a hive mind with no individual thought or right to discriminate against destructive groups and ideologies.  But if America is experiencing an agenda of forced association today then we have to ask – What is there to be gained?  Why pressure people who fundamentally disagree with each other on every level to coexist within a society? Why do the people in power want this so badly?

Well, for the central planners (usually socialists/globalists), tribalism is a big no-no. People going their own way is unacceptable. If the populace thinks they can divide and separate and live differently from each other, then how can the establishment continue to exist? For a one-world government to be achieved ALL divisions must be erased and everyone has to either love or fear the purveyors of “unity.”

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“Capitalism Has Failed”

Today, more than at any time previously, Westerners are justifying a move toward collectivist thinking with the phrase, “Capitalism has failed.”

In response to this, conservative thinkers offer a knee-jerk reaction that collectivism has also had a dismal record of performance. Neither group tends to gain any ground with the other group, but over time, the West is moving inexorably in the collectivist direction.

As I see it, liberals are putting forward what appears on the surface to be a legitimate criticism, and conservatives are countering it with the apology that, yes, capitalism is failing, but collectivism is worse.

Unfortunately, what we’re seeing here is not classical logic, as Aristotle would have endorsed, but emotionalism that ignores the principles of logic.

If we’re to follow the rules of logical discussion, we begin with the statement that capitalism has failed and, instead of treating it as a given, we examine whether the statement is correct. Only if it proves correct can we build further suppositions upon it.

Whenever I’m confronted with this now oft-stated comment, my first question to the person offering it is, “Have you ever lived in a capitalist country?” That is, “Have you ever lived in a country in which, during your lifetime, a free-market system dominated?”

Most people seem initially confused by this question, as they’re residents of either a European country or a North American country and operate under the assumption that the system in which they live is a capitalist one.

So, let’s examine that assumption.

A capitalist, or “free market,” system is one in which the prices of goods and services are determined by consumers and the open market, in which the laws and forces of supply and demand are free from any intervention by a government, price-setting monopoly, or other authority.

Today, none of the major (larger) countries in what was once referred to as the “free world” bear any resemblance to this definition. Each of these countries is rife with laws, regulations, and a plethora of regulatory bodies whose very purpose is to restrict the freedom of voluntary commerce. Every year, more laws are passed to restrict free enterprise even more.

Equally as bad is the fact that, in these same countries, large corporations have become so powerful that, by contributing equally to the campaigns of each major political party, they’re able to demand rewards following the elections, that not only guarantee them funds from the public coffers, but protect them against any possible prosecution as a result of this form of bribery.

There’s a word for this form of governance, and it’s fascism.

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Sowing The Wind: The New ‘Newspeak’

The presidential election is eight months away. Yet the campaign to preclude a second Trump administration is already in high gear. In the course of two weeks, the public was given a preview of the undemocratic, uncouth, racist dystopia MAGA America is doomed to become. Against the backdrop of the most virulent antisemitism sweeping the U.S. in the wake of Hamas’ savagery, the media has chosen to pillory “white nationalism” as the clear and present danger.

First, a new tome, “White Rural Rage,” is hailed by the New York Times as “an important book that ought to be read by anyone who wants to understand politics in the perilous Age of Trump.”

Next, Politico’s Heidi Przybyla proclaims that people who believe human rights come from God are “Christian Nationalists.” She triggers an uproar. Yet she doubles down in an even more incendiary piece: “Christian Nationalism is a political movement. … The thing that unites them … is that they believe our rights as Americans and as all human beings do not come from any earthy [sic] authority. They don’t come from Congress, from the Supreme Court, they come from God.”

Evidently, people who have read America’s founding document – the Constitution – are a mortal threat to our very survival.

Then, on March 3, CBS’s “60 Minutes” broadcasts a segment about “Moms for Liberty” waging a “campaign to ban books on race and gender from school libraries.” Could “Fahrenheit 451” be far behind?

We are witnessing what Hannah Arendt calls “the atomization of society.” It is a well-tested tactic: Shatter every natural connection in society; twist the language; isolate people from each other. The individual is all alone – an atom. No family, no community, no solace.

Totalitarianism of all stripes finds fertile ground in frightened, isolated individuals. 

Technology accelerates this “atomization.” We relate to each other in “virtual reality.” Our “friends” are on Facebook.

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The Near Impossibility Of Defending Yourself Against Charges Of Climate Change

I was recently pre-fired from a job helping with the defense of a very large company in its fight over being charged with the same non-crime detailed below.

My point has nothing to do with myself, per se, but on the increasing difficulty, and even impossibility, of defending oneself from non-crimes when people like me are prevented from helping with the defense.

Which sounds confusing. Let me explain.

The non-crime is “climate attribution”. That somehow companies not publicly wringing their hands over “climate change” caused the public not to care, which in turn caused “climate change” to grow worse, which in turn caused “climate change” to cause bad weather.

Which in turn gave dark-souled unscrupulous midwits something to sue over.

I was “pre-fired” (and not for the first time), because the defense was concerned my thought-crimes unrelated to climate attribution studies would become the focus of any cross examination or deposition. Thought-crimes such as my public writings on covid, transgenderism, Equality, race, and so on. And thus all my cogent, and damning, arguments against climate attribution would be ignored.

The defense was sad about this, because they wanted me. And they wanted me because I am one of the only people making certain criticisms of climate attributions, and I can make them stick.

But this is politics and not science—science has scarcely anything to do with The Science today—and they were right not to hire me. (As sad as that is to my bottom line.)

I put this here in case somebody else who is involved in the defense against these kinds of ridiculous charges can benefit from reading (at least) my two papers on the subject, both found at the Global Warming Policy Foundation: “The Climate Blame Game: Are we really causing extreme weather?” and “How the IPCC Sees What Isn’t There“. The first in particular contains (what I think) are damning arguments to any attribution claim. See also this post (blogSubstack) for gross over-certainties in “climate change”.

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Top Adams aide suffered ‘medical episode,’ rushed to hospital as feds raided home over donor probe

Top Mayor Eric Adams aide Winnie Greco is being investigated by the feds for potentially using workers at a Queens mall to hide campaign donations to Hizzoner, law-enforcement sources told The Post on Friday.

The FBI launched raids Thursday on two homes Greco owns on Gillespie Avenue in Pelham Bay in The Bronx  — as well as the offices of the New World Mall in Flushing — over the alleged possible illegal straw donor scheme, sources said.

The 61-year-old longtime mayoral adviser suffered a “medical episode” during the morning raids —  which included federal agents hauling off boxes of files from at least one of the homes — and was taken by ambulance to the hospital, City Hall sources told The Post. The administration did not immediately comment on her condition Friday.

The city Department of Investigation opened a probe in November after allegations surfaced of suspected straw-donor money stemming from events organized by Greco, a major Adams campaign-raiser and now his $100,000-a-year Asian Affairs liaison, the outlet The City reported.

Greco was heavily involved in organizing eight lucrative fundraising events at New World Mall for Adams’ 2021 campaign, the outlet said.

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Tennessee bill would ban flags based on gender, politics, sexual orientation in schools

A new bill in the Tennessee General Assembly would ban public and charter schools from displaying certain flags on or in school buildings.

SB1722/HB1605 is sponsored by Senator Joey Hensley (R-Hohenwald-D28) and Representative Gino Bulso (R-Brentwood-D61) in their respective chambers. The bill caption states it “prohibits LEAs and public charter schools from displaying in public schools flags other than the official United States flag and the official Tennessee state flag.”

An amendment added to the bill further details what will and won’t be prohibited, the amendment stating those allowed will be a U.S. flag, the official Tennessee state flag, a POW/MIA flag, a flag of an Indian tribe, official city, county, or metro government flag, armed forces flags, and official school flags.

What will not be allowed are any flags representing political viewpoints, partisan, racial, sexual orientation, gender, or other “ideological viewpoint” flags.

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Land Of Spooks And Shills And Sheeple

Trust is a rare commodity in today’s world. Maybe it always has been. I remember trusting some older males who were relatives or neighbors, as a child. Then later as an adult, I’d hear from my sister and others about how these fine upstanding men had propositioned them, or touched them inappropriately.

Moral trust is one thing. We all fail to some degree on this count, because we are all sinners. My head will probably always be turned by a good-looking female. It’s just instinctive. I remember a great comedy skit with Richard Pryor, where he was sitting in a crowd with his wife/girlfriend, who was glaring at him, upset over him checking out other women. Then his head turns again, and he tells her, “Can’t you see how strong that shit is? I know you’re gonna be mad, but I still can’t stop it!” While it bothers me when I attend a wedding where the divorced bride’s children from her first marriage are ringbearers or flower girls (mumbling to myself, “I can’t stop thinking she said ‘I do’ to someone else just five years ago’), I understand human weakness. Judge not lest ye be judged.

It’s political trust that’s on my mind. If you listen to me Saturdays at 12 noon on “America Unplugged” with Billy Ray Valentine and Tony Arterburn, you may have heard our discussion this past Saturday on Tucker Carlson’s interview with Vladimir Putin. It was obvious by the comments in the chat, and later on YouTube, that most people disagreed with me. I was arguing that, whatever Carlson’s real motivations, I usually agree with what he’s saying over 90 percent of the time. Yes, I’m aware that his father was the head of Voice of America, and that he once tried to get into the CIA. That he scoffed at 9//1 “truthers” and other “conspiracy theorists.” Maybe his bow tie was too tight. Is he just playing the role of mainstream “skeptic?”

I’m not accustomed to being the least skeptical person in the room about anything. I was a born skeptic. A doubter of all official narratives. But if the alt media is just going to attribute all good reporting, and sensible commentary to a hidden agenda, then what is the point of even addressing any issue? Tucker Carlson, Alex Jones, Rand Paul, RFK, Jr., all compromised. And oddly, they draw the attention (and ire) of many of us trying to provide an alternative to our state controlled media, far more often than the Joy Reids, Sunny Hostins, and Joe Scarboroughs do. Tucker Carlson’s father ran the Voice of America. A pretty, young female intern was found dead in Scarborough’s congressional office in 2001. Isn’t that a bit more incriminating?

Then there is the guy Carlson was interviewing- Vladimir Putin. I don’t have to trust him to agree with his purported comments (and this is assuming they’re being translated accurately) about wanting peace with America. If he really did ban all GMO products, and put out an arrest warrant for any Rothschilds strolling into Russia, isn’t that something we’d all agree with? Maybe he has an agenda, too, but why do we focus so much more on him than say, Angela Merkel or David Cameron? Carlson was blasted from all sides for how he conducted the interview. What was he supposed to ask him? He put Putin on the record. At the very least, we got to see the Russian leader’s impressive knowledge of history. Compare that to our putrid politicians.

In my book Hidden History, I delved into the background of the 1960s counterculture movement. Timothy Leary, the LSD guru who urged the impressionable hippies not to trust anyone over thirty (when he was older than thirty himself), was later outed as working for the CIA. So was Gloria Steinem, the face of “women’s lib” in the sixties and seventies. Her magazine MS was financed by the CIA. Murdered Black Panther Fred Hampton had a bodyguard who was an undercover government operative. So did Malcolm X. The guy cradling Martin Luther King’s head in his hands on the balcony of the Lorraine Motel was an undercover CIA asset. I gave lots of other examples of how undercover plants worked inside the Black Panthers and the Ku Klux Klan.

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