Occupy Denver recognizes Colo. AIM, mixes metaphor to Unoccupy America!

This weekend the General Assembly of Occupy Denver recognized that its intended occupation was actually a re-occupation, of lands to which original inhabitants lay claim. On Sunday the GA consensus voiced its solidarity with the American Indian Movement of Colorado who submitted a statement for ratification. It’s reprinted below via The Sole Reader:

COLORADO AIM’S CHALLENGE TO #OCCUPYDENVER

An Indigenous Platform Proposal for “Occupy Denver”

“Now we put our minds together to see what kind of world we can create for the seventh generation yet to come.”

John Mohawk (1944-2006), Seneca Nation

As indigenous peoples, we welcome the awakening of those who are relatively new to our homeland. We are thankful, and rejoice, for the emergence of a movement that is mindful of its place in the environment, that seeks economic and social justice, that strives for an end to oppression in all its forms, that demands an adequate standard of food, employment, shelter and health care for all, and that calls for envisioning a new, respectful and honorable society. We have been waiting for 519 years for such a movement, ever since that fateful day in October, 1492 when a different worldview arrived – one of greed, hierarchy, destruction and genocide.

In observing the “Occupy Together” expansion, we are reminded that the territories of our indigenous nations have been “under occupation” for decades, if not centuries. We remind the occupants of this encampment in Denver that they are on the territories of the Cheyenne, Arapaho and Ute peoples. In the U.S., indigenous nations were the first targets of corporate/government oppression. The landmark case of Johnson v. McIntosh (1823), which institutionalized the “doctrine of discovery” in U.S. law, and which justified the theft of 2 billion acres of indigenous territory, established a framework of corrupt political/legal/corporate collusion that continues throughout indigenous America, to the present.

If this movement is serious about confronting the foundational assumptions of the current U.S. system, then it must begin by addressing the original crimes of the U.S. colonizing system against indigenous nations. Without addressing justice for indigenous peoples, there can never be a genuine movement for justice and equality in the United States. Toward that end, we challenge Occupy Denver to take the lead, and to be the first “Occupy” city to integrate into its philosophy, a set of values that respects the rights of indigenous peoples, and that recognizes the importance of employing indigenous visions and models in restoring environmental, social, cultural, economic and political health to our homeland.

We call on Occupy Denver to adopt, as a starting point, the following:

1. To repudiate the Doctrine of Christian Discovery, to endorse the repeal of the papal bull Inter Caetera (1493) to work for the reversal of the U.S. Supreme Court case of Johnson v. M’Intosh 1823), and call for a repeal of the Columbus Day holiday as a Colorado and United States holiday.

2. To endorse the right of all indigenous peoples to the international right of self-determination, by virtue of which they freely determine their political status, and freely pursue their economic, social and cultural futures.

3. To demand the recognition, observance and enforcement of all treaties and agreements freely entered into `between indigenous nations and the United States. Treaties should be recognized as binding international instruments. Disputes should be recognized as a proper concern of international law, and should be arbitrated by impartial international bodies.

4. To insist that Indigenous people shall never be forcibly relocated from their lands or territories.

5. To acknowledge that Indigenous peoples have the right to practice and teach their spiritual and religious traditions customs and ceremonies, including in institutions of the State, e.g. prisons, jails and hospitals„ and to have access in privacy their religious and cultural sites, and the right to the repatriation of their human remains and funeral objects.

6. To recognize that Indigenous peoples and nations are entitled to the permanent control and enjoyment of their aboriginal-ancestral territories. This includes surface and subsurface rights, inland and coastal waters, renewable and non-renewable resources, and the economies based on these resources. In advancement of this position, to stand in solidarity with the Cree nations, whose territories are located in occupied northern Alberta, Canada, in their opposition to the Tar Sands development, the largest industrial project on earth. Further, to demand that President Barack Obama deny the permit for the Keystone XL Pipeline, proposed to run from the tar sands in Canada into the United States, and that the United States prohibit the use or transportation of Tar Sands oil in the United States.

7. To assert that Indigenous peoples have the right to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions. They have the right to maintain, control, protect and develop their intellectual property over such cultural heritage, traditional knowledge, and traditional cultural expressions. Further, indigenous peoples have the right to the ownership and protection of their human biological and genetic materials, samples, and stewardship of non-human biological and genetic materials found in indigenous territories.

8. To recognize that the settler state boundaries in the Americas are colonial fabrications that should not limit or restrict the ability of indigenous peoples to travel freely, without inhibition or restriction, throughout the Americas. This is especially true for indigenous nations whose people and territories have been separated by the acts of settler states that established international borders without the free, prior and informed consent of the indigenous peoples affected.

9. To demand that the United States shall take no adverse action regarding the territories, lands, resources or people of indigenous nations without the free, prior and informed consent of the indigenous peoples affected.

10. To demand the immediate release of American Indian political prisoner, Leonard Peltier, U.S. Prisoner #89637-132, from U.S. federal custody.

Finally, we also remind Occupy Denver that indigenous histories, political, cultural, environmental, medical, spiritual and economic traditions provide rich examples for frameworks that can offer concrete models of alternatives to the current crises facing the United States. We request that Occupy Denver actively utilize and integrate indigenous perspectives, teachers, and voices in its deliberations and decision-making processes.

Submitted 8 October 2011

American Indian Movement of Colorado

P.O. Box 292, Sedalia, CO 80135

QuiBids internet racketeers threaten Not My Tribe with scam legal letter

McAfee and Taft OK Super LawyersGame On QuiBids. We received a letter today from an Oklahoma law firm, on behalf of “QuiBids LLC,” apparently the preeminent of “penny auction site” confidence scams, who took exception to our earlier look-see into their rip-off operation. Frankly, I assumed our cries of foul were latecomers, while someone more responsible was ringing the OK attorney general. As QuiBids has the temerity to threaten “whatever action is necessary,” I’ll make the call personally. As it is I already feel duped for reprinting the letter below, because it reads like typical QuiBids fake advertorials. Name-dropping Better Business Bureau, Chamber of Commerce, yada yada. And of course: “Sadly, the same cannot be said about some of QuiBids’ competitors,” the we’re-not-like-the-other-con-artists routine. The phoniest passage pretends that QuiBids “was forced to file suit against another online penny auction site for its unlawful activities.” HAHAHA. Unlawful activities are prosecuted by the state, you flunkies. As you’ll learn presently.

Actually I am 100% certain that charges are already filed, and this aggressive PR is a smokescreen. I’ll post all ensuing developments.

By the way, consumers can contact BBBs to register complaints, but a business membership does not imply endorsement. Same with the Chamber of Commerce. And WHO considers the chamber any kind of arbiter of ethical business practice? That mindset comes from someone who didn’t stray beyond the business school building. Hohoho. Who does QuiBids take us for? Their marks?

To be clear, QuiBids and the “penny auction” ilk are neither auctions, nor gambling sites. Whether or not they deploy shill bidders or mischievous software, the QuiBids money-for-nothing scheme is fraud.

A penny auction website pretends to offer “dibs” to the last customer who puts money in the pot, and proceeds to collect “bid” payments for a virtually unlimited time span, until the last desperate player decides he’s lost enough.

Whether or not the victim is entitled to purchase the item at full retail price, as a consolation, does not mitigate the fact that they were duped.

Look no further than QuiBids’ own protestations. QuiBids differentiates itself from “the other penny auction sites” which it asserts without a hint of irony, are inherently guilty. Oh do go on, QuiBids, expound for us on the illegality of your competitors…

Add to the fraudulent transaction, the deceptive methods used to promote QuiBids. And now, contriving a legal threat to fain legitimacy. McAfee &Taft appears to be a significant law firm, why does this letter read like a QuiBids promotional blurb? We need to forward this to the partners McAfee and Taft themselves, to show them the sophomore crap being circulated under their letterhead.

At the risk of simply spreading the Quibids PR drivel, here it is.

McAFEE & TAFT
A PROFESSIONAL CORPORATION
10TH FLOOR – TWO LEADERSHIP SQUARE
21 NORTH ROBINSON – OKLAHOMA CITY, OK 73102-7103
(405) 235-9621 – FAX (405) 235-0439
http://www.mcafeetaft.com

Ryan L. Lobato
Attorney at Law

September 3, 2010

VIA EMAIL AND CERTIFIED MAIL RETURN RECEIPT REQUESTED

Eric Verlo
editorial @ notmytribe.com
Not My Tribe
29 E. Bijou, Room 222
Colorado Springs, CO 80903

Re: Trademark Infringement

Mr. Verlo:

We represent QuiBids, L.L.C. (“QuiBids”) in intellectual property and other matters. It has come to our attention that on June 19, 2010, you authored an article on your website titled “Scriptmatix ‘penny auctions’ such as Quibids are less scams than pure fraud.”

QuiBids takes great exception with your article, which calls QuiBids a “scam,” “patently dishonest,” and a “con game.” Your allegations are manifestly untrue. QuiBids presently has a ‘B+’ rating from the Better Business Bureau. The Better Business Bureau rating will improve to an ‘A+’ rating once QuiBids has been in business longer than a year. QuiBids offers its services in a forthright and moral way and works hard to distinguish itself from its less-ethical competition. QuiBids does not use shills or bots to drive up the price or decieve consumers, and QuiBids strives diligently to ensure customers know exactly what is going on at all times, without hidden fees or rigged competitions. Sadly, the same cannot be said about some of QuiBids’ competitors. In fact, QuiBids was recently forced to file suit against another online penny auction site for its unlawful activities such as inducing customer confusion and employing deceptive advertising techniques.

QuiBids’ reputation for being above-board is the driving force behind its success. Within the course of a year, QuiBids has become the largest online penny auction website and it continues to grow. QuiBids closes more than 6000 auctions per day and is a member of the local Chamber of Commerce. QuiBids is, in short, a valued member of the community and is not a “scam” or a “fraud.”

In view of the above, we are writing to ask you to retract your article. Publishing false, malicious and defaming material about a business is against the law. Damages for such conduct include actual and punitive damages, for which you may be held personally liable. It is precisely because QuiBids cares about its good name and reputation that QuiBids will, if need be, take whatever action is necessary to protect it. It is sincerely hoped that such further action will not be required, but instead a speedy and amiable resolution can be reached.

Please let me know within seven (7) days of the date of this letter your intentions with respect to deleting, removing or retracting the above-referenced article. I would be happy to speak to you personally about this matter should you so require.

Sincerely,

Ryan L. Lobato

Consider this certification of our receipt dude. You have my number. All communication will be recorded and forwarded to the appropriate authorities.

$35 iNDIApad running Linux reveals iPad users pay for intellectual property

While MIT has been racing to design the world’s first $100 computer, India has performed an end-run at a third the price, and it’s a tablet no less. Running with open-source software, as genuine volks-werks will, the iNDIAPAD will reach third world schoolchildren for $35, developers at the India Institute of Science hope even as low as $10. Absent keypad and hand crank, but with camera, touchscreen and wireless. Which begs the question of course, what indispensable features drive Apple prices? Bill Gates earned his fortune on them. Patents.

Composer Jason Robert Brown wants to protect his unintellectual rights

As a musician and fan of stage musicals, I must proffer this disclaimer about American theater composer Jason Robert Brown: he’s terrible. Brown is a poster child for the music industry’s common mediocrity, of commerce’s habitual triumph over art. Now Brown has appointed himself defender of intellectual property rights, holding that teens should not use the internet to pirate his sheet music. Of course, I can only wish him foolproof success.

American musical theater saw a golden age in the 1940s, with notable glimmers of resurgence since then, in ever infrequent cycles. I don’t think anyone would argue that in-between was constant dreck –to which “show tunes” owe their stigma. Defenders of Andrew Lloyd Webber will find themselves similarly unrestrained enthusiasts for popular music, popular fiction and television. To each his own slop.

I have particular antipathy for contemporary composers of awfulness because they drive the inartistic music publishing industry where it does irreparable harm. School bands and theater departments are influenced to pay royalties for the performance pieces whose rights are most profitably leveraged, at the expense of older works of renown. Instead of seeding young repertoires with melodies and lyrics to enrich their memories, teachers pollute their students with forgettable claptrap, courtesy of bards like Brown.

I have the same prejudice with regard to literature. Why aren’t today’s students reading Stevenson or Poe instead of Blume or Rowling? Of course, composer JR Brown is more on par with author RL Stine, he’s that horrible. But don’t take my word for it, have a listen.

That said, here’s Jason Robert Brown championing not just the exclusive right to sell online what his publishers hawk through their network of scholastic pushers, but he wants the same markup. If ever a commodity could change hands for its true worth, Brown’s entire catalog should be ventilated for free through file sharing. Instead he’s personally joining various trading websites and then emailing each and every member who appears to be trading in his goods.

To paraphrase: Hello, I’m Jason Robert Brown, yes, The Jason Robert Brown, and I’d appreciate it if you stopped illegally sharing my music, since it deprives me of my rightful royalties.

Brown has posted some of the ensuing email exchanges on his blog, without any mention of offering remuneration for their contributions. Most laughable, but consistent with the weakness of his music work, Brown has engaged chiefly teens in his discussion of intellectual rights. He lists one discussion in which he compares his stolen sheet music to a loaned screwdriver, a Xerox’d book, and a copied CD.

Mr. Brown, might I direct you to the innumerable organizations which argue that intellectual property rights are not inalienable. They are restraints to trade, impediments to idea sharing, and diametric to elevating community wealth.

You have every right to contrive a product and sell it by whatever connivance, but your monopoly ends there. Whoever were your customers should have the right to do with their purchases what they will. What right have you to tax the use of your thought fart as it passes from ear to ear? Home Depot can’t charge multiple times for a screwdriver it’s already sold; to use your example.

Consider also that your melody was plucked from the ether of shared cultural experience. Should a rights police attach royalty liens on every whiff of inspiration you borrowed? Better to admit we are all channels of a community expression.

Mr. Brown, please be satisfied to exploit the business advantages you’ve built. Your Tony Award is indication enough of that accomplishment. Insisting that you deserve more only invites scrutiny of your ouevre. Your arguments may find refuge with fans of the “Twilight” caliber, but I am not about to underestimate the sophistication of your own musical taste. If you love Broadway, you know the incredible deficiency of the songs you are peddling. Describing your “music sensibility [which] fuses pop-rock stylings with theatrical lyrics” is faint self-praise enough.

Young stage enthusiasts. To you, JRB may appear a “genius” but what else would we expect of a generation raised on High School Musical. For superior fare, check out the pre maudlin days of Broadway, the shows which see regular revivals. If you want something further afield, look to lesser known works by those same composers. Even their obscure productions eclipse the best efforts of hacks today. Much of this material is freely available, but you’ll find that real showstoppers will have you showing no reluctance to part with your lunch money.

Jason Robert Brown, please stop your indecorous whine about the new leak in your traditional income monopoly. Leave your fans to trade them for their real worth.

The minimum wage and Colo Spgs establishment.

You know those signs all over downtown and every park in the city, that say not to give money to panhandlers? Written by people who are supposedly Experts in the area of homelessness.
 
I personally have had people approach me and hand me money. I couldn’t work out a mechanism within my psyche to go up to strangers and ask for any kind of help. But the money came in handy. I bought food with it mostly, fuel for my camp stove, feed the machines at the laundromat to have clean clothes and bedding. I believe that even for the most addicted amongst the homeless, at least some of the money actually goes on their needs and not just cigarettes, whiskey and wild wild women.

So here’s my theory, to have posted around downtown, and maybe even use their fonts and printing style, (not to deliberately mislead them, you understand) but since these posters they have put up are subsidized by the City meaning everybody who has bought non-food items anywhere in the confines of the City, they are legitimately as much our property as the Fascists, right?

Just don’t put anywhere in there that these suggestions, to quickly follow, don’t actually physically originate in their tiny little brains.

Bring their logic forward a few steps, and expose it for what it is.

If somebody is homeless, the consensus is that it is because of mental, emotional or substance problems. The only solution for these problems are for the “outpatients” to seek professional help and counseling. Giving them money or feeding them outside of that sphere of treatment would only enable them to continue in poverty.

So giving them a job, for instance, would give them more money to waste on their habits. So employers who hire them, and don’t insist that they have a permanent address, and don’t insist on screening any and all of their employees for personality disorders, substance abuse and so forth, are harming them rather than helping them.

So the logical conclusion: Hire the homeless, but don’t pay them anything until they get help. That last would seem to be in contradiction of Jesus and Moses said about “If you owe your worker his wages, and you have the pay in hand, you should not let the sun set without paying him” and “a workman is worthy of his hire”.

Which you might think would cause a problem in the “Faith Based Initiative” crowd, but apparently hasn’t made any trouble in their souls yet.

The Marion House soup kitchen is remarkably, in light of the recent condemnation for the Catholic church, one of the least restrictive aid agencies in the city.

Also by publishing my intent to do this before starting, I have a legitimate defense if they come with their “conservative” legalistic whining that it is deceptive and a violation of their intellectual property.

Intellectual property rights in the bathroom

You can get a calculator for 99 cents. Glossing over for a moment the issue of the third world child/slave/prison exploitation that goes into these cheap products, consider that we can manufacture incredibly complex and intricate gizmos for pennies.
 
Why then do razorblades based on a patented design cost nearly two dollars a pop? They’re also made in China for pennies. Why do blades for electric razors cost six dollars? Why do brushes for electric toothbrushes cost four dollars? If the design of those products were in the public domain, their consumer price could be in the pennies.
 
That’s the cost to you in the bathroom of intellectual property rights.