Fred Benenson 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 <
nelson <at> freeculture.org>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
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>>>
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