Disabled single mom whips RIAA in court, seeks class action suit

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Via RockRap.com:

Victorious RIAA defendant gets attorneys’ fees, turns to class-action plans

By Eric Bangeman | Published: September 24, 2007 – 09:39AM CT

from Ars Technica

Calling the RIAA’s case unjustified “as a reasonable exploration of the boundaries of copyright law,” a federal magistrate judge late last week awarded former RIAA defendant Tanya Andersen attorneys’ fees for her nearly two-and-a-half-year fight against a copyright infringement lawsuit.

Andersen is a disabled single mother living in Oregon with her now 10-year-old daughter. In February 2005, she was sued by the record labels, which accused her of using KaZaA to distribute gangster rap under the handle “gotenkito.” From the outset, she denied all wrongdoing, and in October of that year, filed a countersuit against the record industry, accusing it of racketeering, fraud, and deceptive business practices.The RIAA continued to press its legal claims against Andersen, despite any evidence other than an IP address tying her to the alleged infringement. Andersen even provided the name, address, and phone number of the person she believed was responsible for the “gotenkito” account. Inexplicably, the RIAA chose not to contact him for over two years, then chose to take his denial at face value, choosing instead to continue prosecuting the case against Andersen.

Throughout its prosecution of the case, Andersen accused the RIAA of underhanded investigative tactics. These included what Andersen describes as inappropriate attempts to contact her daughter. In one instance, the RIAA’s investigators allegedly contacted her elementary school, posing as a relative in an attempt to speak with then-eight-year-old Kylee Andersen about the alleged infringement. Even the RIAA’s own forensic investigator reported that he could not find “any evidence whatsoever” that Andersen had used KaZaA.

In June of this year, the RIAA finally came to the conclusion that it had an unwinnable case and decided to drop the case prior to its going to trial. The parties stipulated to a dismissal with prejudice—unusual for the RIAA, since it made Andersen the prevailing party and eligible for attorneys’ fees. Andersen dismissed her counterclaims without prejudice (meaning she can refile them) after she filed a malicious prosecution lawsuit against the RIAA.

In his order awarding Andersen attorneys’ fees, US Magistrate Judge Donald C. Ashmanskas noted that he had to make a decision on this case “without ever addressing the merits of the claims or the counterclaims.” Despite that, Judge Ashmanskas noted that there had been a “material alteration of the legal relationship of the parties,” and that with the sole exception of attorneys’ fees, Andersen had gotten “all the relief available to a defendant of a claim for copyright infringement.”

Judge Ashmanskas also cited the RIAA’s admission that the “evidence uncovered during discovery proved inconsistent and inconclusive,” a fact for which the labels could provide no explanation. He concludes that the RIAA lacked the prima facie evidence to support the claims of infringement.

“Whatever plaintiffs’ reasons for the manner in which they have prosecuted this case, it does not appear to be justified as a reasonable exploration of the boundaries of copyright law,” wrote the judge. “Copyright holders generally, and these plaintiffs specifically, should be deterred from prosecuting infringement claims as plaintiffs did in this case.”

While Andersen’s attorney adds up the bills, Andersen is seeking class-action status for her malicious prosecution lawsuit. Saying that the RIAA “has engaged in a coordinated enterprise to pursue a scheme of threatening and intimidating litigation in an attempt to maintain its music distribution monopoly,” Andersen wants to make a class from those who have been wrongfully sued by the RIAA; if successful, the RIAA could find itself locked in a long and costly legal battle.

BC teacher refuses to give test

Here are links to local stories and editorials about Sooke elementary teacher Kathryn Sihota’s refusal to give the District Assessment of Reading Team (aka DART) test.

News stories:
“Teacher in hot water over not giving test” (The Vancouver Sun, September 25, 2007)

“Victoria teacher faces discipline for refusing to test students” (The Province (Vancouver, BC), August 26, 2007)

“Teacher faces hearing for refusing to give test” (The Vancouver Sun, August 25, 207)

Editorials and Letters:

“Teachers have to follow the rules, just like students do” (The Vancouver Sun, September 26, 2007)

“Standardized tests prevent future shock for students” (The Vancouver Sun, September 26, 2007)

“Standardized tests prevent future shock for students” (The Vancouver Sun, September 26. 2007)


“Reading tests offer no benefits” (TImes Colonist (Victoria, BC), September 1, 2007)

Stuff I’m seeing on my runs around town

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After a 20 year hiatus I started running again in January 2006. Since that time I’ve run a number of 10K races and a couple of half-marathons. In that time I’ve also “run across” some interesting interesting people, places, and sights… including a completely naked woman crossing the street at Columbia and Cordova Streets, a couple of hundred naked bike riders at Kitsilano Beach and some cool graffiti and posters. I’ve got pictures of the latter (but no photos of the people without clothes…).

One of my favorite runs takes me from the east Vancouver, though the rough and tumble Downtown Eastside, upscale Coal Harbour, Stanley Park then along the seawall back to the Main Street/Chinatown area.

Above is a photo of Shepard Fairy’s “Obey Giant” campaign, which have been cropping up around GM Place, home of the Vancouver Canucks, near Chinatown (at Abbott and Expo Blvd).

For more photos of stuff I’m seeing around town (including anti-Olympic graffiti) check out my flickr photos.

Segregation growing in US schools

NPR has a series of reports titled “Blacks and Education.”

Listen to this story… Segregation Growing in American Schools

News & Notes, September 20, 2007 · Regardless of the racial tensions, Jena High School was — by definition — integrated. Other schools across America desegregated during the Civil Rights-era, but now they’re unofficially re-segregating. The Civil Rights Project at the University of California Los Angeles is tracking this modern crisis in our classrooms.

Chungmie Lee is a researcher with the Project.

Teaching about the Jena Six

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Yesterday, thousands of civil rights activists marched in support of the Jena Six—young African American men who are victims of what has been described as a “modern-day lynching” in Jena, Louisiana.

The Network of Teacher Activist Groups (TAG) has just released a teaching guide titled: Reavealing Racists Roots: The Three R’s for Teaching about the Jena Six. You can download the guide (as a PDF) here.

A Worldwide Test for Higher Education?

Inside Higher Ed: A Worldwide Test for Higher Education?

For much of the last year or two, debate has raged among American higher education officials and state and federal policy makers about the wisdom and practicality of creating a system that would allow for public comparison of how successfully individual colleges and/or programs are educating their students. Many college leaders have rejected the push, which has emanated primarily from the Secretary of Education’s Commission on the Future of Higher Education and the U.S. Education Department, on the grounds that the nation’s colleges and universities — two-year and four-year, public and private, exclusive and open enrollment — and their students are far too varied to be responsibly and intelligently measured by any single, standardized measure (or even a suite of them).

But the thirst among politicians and others seeking to hold colleges and universities more accountable for their performance is powerful, and it is not merely an American phenomenon. Proof of that can be found in the fact that the Organization for Economic Cooperation and Development has convened a small group of testing experts and higher education policy makers who have met quietly in recent months to discuss the possibility of creating a common international system to measure the learning outcomes of individual colleges and university systems, along the lines of the well-regarded test that OECD countries now administer to 15-year-olds, the Program for International Student Assessment.

Rapture Ready: The Christians United for Israel Tour (A Film by Max Blumenthal)

Max Blumenthal’s latest takes us on a shocking and at times bizarre tour of right-wing Pastor John Hagee’s annual Washington-Israel Summit, blowing the cover off the Christian Zionist movement in the process. Starring Joe Lieberman, Tom DeLay, Pastor John Hagee, Ambassador Dore Gold and a host of rapture-ready evangelicals praying for Armaggedon.

LESSON AIM: Should the U.S. occupation of Iraq continue?

Here’s a lesson developed by Alan Singer, Hofstra U.

LESSON AIM: Should the U.S. occupation of Iraq continue?

Introduction: On September 12, 2007, President Bush spoke to the American people about the U.S. military occupation of Iraq and its efforts to create a modern, democratic, nation. In the speech President Bush promised a gradual, but slight, reduction, in the number of American troops stationed in Iraq during the next year. President Bush’s speech followed testimony to the U.S. Congress by General George Petraeus, who is in-charge of U.S. military operations in Iraq. General Petraeus argued that the escalation of U.S. forces in Iraq during the past year had helped to stabilize the country and made eventual U.S. success more likely.

There is tremendous disagreement in the U.S. about the success of U.S. policy in Iraq. There is also sharp debate about the broader issues of whether U.S. military power can ever resolve deep-seated local divisions and whether is possible to impose democracy on another nation.

Assignment: Read the excerpts from the statement by President Bush and some of the supporters and critics of U.S. policy. President Bush makes a number of assertions in this speech that have been questioned by critics. As you read the speech, underline points that might be disputed and discuss them with team members. Working individually, answer the questions that follow the sections of this document package and complete the activity that follows all of the quotes.

A. Statement by President George W. Bush on the U.S. Occupation of Iraq (Source: The New York Times, September 14, 2007, p. A8)
“In Iraq, an ally of the United States is fighting for its survival. Terrorists and extremists who are at war with us around the world are seeking to topple Iraq’s government, dominate the region and attack us here at home. If Iraq’s young democracy can turn back these enemies, it will mean a more hopeful Middle East and a more secure America.
This ally has placed its trust in the United States, and tonight our moral and strategic imperatives are one. We must help Iraq defeat those who threaten its future and also threaten ours. Eight months ago, we adopted a new strategy to meet that objective, including a surge in U.S. forces that reached full strength in June. This week General David Petraeus and Ambassador Ryan Crocker testified before Congress about how that strategy is progressing. In their testimony, these men made clear that our challenge in Iraq is formidable. Yet they concluded that conditions in Iraq are improving, that we are seizing the initiative from the enemy, and that the troop surge is working.
The premise of our strategy is that securing the Iraqi population is the foundation for all other progress . . . The goal of the surge is to provide that security and to help prepare Iraqi forces to maintain it . . . Our troops in Iraq are performing brilliantly. Along with the Iraqi forces, they have captured or killed an average of more than 1,500 enemy fighters per month since January. Yet ultimately, the way forward depends on the ability of Iraqis to maintain security gains. According to General Petraeus and a panel chaired by retired General Jim Jones, the Iraqi army is becoming more capable, although there is still a great deal of work to be done to improve the national police. Iraqi forces are receiving increased cooperation from local populations, and this is improving their ability to hold areas that have been cleared. Because of this success, General Petraeus believes we have now reached the point where we can maintain our security gains with fewer American forces . . . General Petraeus also recommends that in December we begin transitioning to the next phase of our strategy in Iraq. As terrorists are defeated, civil society takes root and the Iraqis assume more control over their own security, our mission in Iraq will evolve. Over time, our troops will shift from leading operations, to partnering with Iraqi forces, and eventually to overwatching those forces. As this transition in our mission takes place, our troops will focus on a more limited set of tasks, including counterterrorism operations and training, equipping, and supporting Iraqi forces . . .
The success of a free Iraq is critical to the security of the United States. A free Iraq will deny al Qaeda a safe haven. A free Iraq will counter the destructive ambitions of Iran. A free Iraq will marginalize extremists, unleash the talent of its people and be an anchor of stability in the region. A free Iraq will set an example for people across the Middle East. A free Iraq will be our partner in the fight against terror, and that will make us safer here at home. Realizing this vision will be difficult, but it is achievable. Our military commanders believe we can succeed. Our diplomats believe we can succeed. And for the safety of future generations of Americans, we must succeed.”

Questions
1. Why does President Bush believe it is vital that American troops continue to fight in Iraq?
2. What was the strategy that President Bush chose to increase the chance of success?
3. How does President Bush evaluate that strategy in this speech?

B. Comments by 2008 Presidential Candidates on the Report by General Petraeus to Congress (Source: The New York Times, September 14, 2007, p. A16)

Rudolph Giuliani (Republican): “General Petraeus provided the first look at a strategy that is getting results and an Iraq that is making progress.”

Senator Hilary Rodham Clinton (Democrat): “I think that the reports that you provide to us really require the willing suspension of disbelief.”

Senator John McCain (Republican): “General Petraeus and his troops ask just two things of us: the time to continue this strategy, and the support they need to carry out their mission. They must have both.”

John Edwards (Democrat): “General Petraeus may propose the withdrawal of a single brigade by the end of the year in exchange for keeping the failed surge going another six months. This is not the withdrawal the American people voted for.”

Fred Thompson (Republican): “General Petraeus’s report strengthens my conviction that we can achieve our objectives in Iraq and we must not withdraw precipitously.

Senator Barack Obama (Democrat): “This continues to be a disastrous foreign policy mistake. At what point do we say, ‘Enough’?”

Questions
1. What pattern emerges when you read these statements?
2. Which candidate’s views come closest to your own? Why?
3. In your opinion, why are political leaders so sharply divided?

C. An opinion essay published in The New York Times written by seven U.S. soldiers who served in Iraq. None of the seven were officers (Source: “The War As We Saw It” by Buddhika Jayamaha, Wesley D. Smith, Jeremy Roebuck, Omar Mora, Edward Sandmeier, Yance T. Gray and Jeremy A. Murphy, New York Times, August 19, 2007).

To believe that Americans, with an occupying force that long ago outlived its reluctant welcome, can win over a recalcitrant local population and win this counterinsurgency is far-fetched. As responsible infantrymen and noncommissioned officers with the 82nd Airborne Division soon heading back home, we are skeptical of recent press coverage portraying the conflict as increasingly manageable and feel it has neglected the mounting civil, political and social unrest we see every day. The claim that we are increasingly in control of the battlefields in Iraq is an assessment arrived at through a flawed, American-centered framework. Yes, we are militarily superior, but our successes are offset by failures elsewhere . . . This situation is made more complex by the questionable loyalties and Janus-faced role of the Iraqi police and Iraqi Army, which have been trained and armed at United States taxpayers’ expense . . . We operate in a bewildering context of determined enemies and questionable allies, one where the balance of forces on the ground remains entirely unclear . . . Political reconciliation in Iraq will occur, but not at our insistence or in ways that meet our benchmarks . . . We need to recognize that our presence may have released Iraqis from the grip of a tyrant, but that it has also robbed them of their self-respect. They will soon realize that the best way to regain dignity is to call us what we are — an army of occupation — and force our withdrawal.

Questions
1. According to the authors, what problems face American troops stationed in Iraq?
3. What do they believe will be the eventual outcome of the U.S. occupation of Iraq?
3. In your opinion, is it significant that the authors of this essay are regular soldiers and not officers? Explain.

Final Activity: Based on these quotes, your responses to the questions, and your knowledge about the U.S. invasion and occupation of Iraq, write a letter to either your congressional representative or one of your U.S. Senators explaining your view on what is taking place there and what the United States should do now and in the future. Your letter should be a minimum of two hundred and fifty words. It will be shared with your classmates and discussed in class. It will be your decision whether you want to send it to your representatives.

Radical Teaching Now

Radical Teacher is soliciting articles for an issue “exploring the politics of pedagogy today.” Send manuscripts or proposals to Jackie Brady at jeblonde@aol.com and Richard Ohmann at richardohmann@earthlink.net

Radical Teaching Now

Radical Teacher solicits articles or proposals for an issue exploring the politics of pedagogy today.

This magazine was founded in1975, a time when ideas and projects from 1960s movements were taking root in universities and schools. Multicultural, feminist, and left theory challenged academic orthodoxies. New texts and voices challenged old exclusions and canons. And new pedagogies challenged traditional relations of authority in the classroom. Today we wonder to what extent radical pedagogy has survived. What has happened in 40 years to student centered teaching, teaching about race and racism, the democratic classroom, feminist pedagogies, “relevance,” collaborative methods, anti-“banking” pedagogies, and so on? What about newer radical pedagogies that focus on gender and sexuality and/or class in the classroom?

Are many radical approaches being pushed out of test-driven public schooling and commodified higher education? Are they being watered down or stripped of their political force by liberal educators fearful of maintaining neutrality? Where they persist, do they remain connected to new canons and progressive theories? Are they actually radical in the present context?

We invite contributions that address these large questions, either directly or by analysis of courses and teaching experiences that illuminate them. More specific questions include:

–Where does progressive pedagogy thrive? Primarily in K-12, and in a few college areas such as women’s studies and composition? Only in “teaching” (v. “research”) colleges?Elite schools and colleges, or does it have a broad class base?

–Is it a minor and semi-clandestine project in a few safe classrooms, or a still-lively movement?

–Where progressive teaching is firmly established, has it become routine–a set of techniques,drained of politics?

–Or is it drawing new energies from movements in and outside of education? Which movements?Is it tied to activism?

–How have progressive initiatives of 40 years ago been critiqued, modified, strengthened?

–What new approaches to radical teaching are coming forward, in K-12 or university education?

–How has radical teaching adjusted to or been changed by immigration and diasporas?

–What new obstacles loom? E.g., attacks from the right, resistance from career-oriented students, highstakes testing, No Child Left Behind…?

–What about old, durable professional structures and habits that drown out radicalism: the grading system, the teacher as cop the lecture method, the primacy of research…?

–What’s the future of radical pedagogy? How should we be trying to guide and test it? What can we expect from its enemies?

Send manuscripts or proposals to Jackie Brady at jeblonde@aol.com and
Richard Ohmann at richardohmann@earthlink.net