Davodd.com

They had the nerve to come here – unwanted immigrants who moved in without asking permission or applying for visas

from the local American government; they spread diseases; squatted illegally on other people’s land; hurt the local economy; ignored local laws and traditions; stole crops; increased the murder, rape and crime rates wherever they went; and refused to learn the language of our country.
I call them my great-great-great-great-great-great grandparents who came here from the British Isles and other European countries from the 1600s to the 1800s.

As the great grandchildren of truly illegal immigrants, people like me do not have the moral authority (and should not have the legal authority) to judge or exclude others who seek a better life for themselves and their families in this land that was stolen by our European ancestors – at gunpoint – from the original owners – the Native Americans.

The difference between a “native American” and a “Mexican” is which European country slaughtered your ancestors, depending on what side of the river (or mountain range) you were born on.

But when you come right down to it…

We’re all African. Basically, we’re an out-of-control invasive species that wreaks havoc on local ecosystems and crowds out native fauna.

Frowarded email from my mother-in-law, original author unknown.

 

How Racism Works

——————–

What if John McCain were a former president of the Harvard Law Review?

What if Barack Obama finished fifth from the bottom of his graduating class?

——————–

What if McCain were still married to the first woman he said “I do” to?

What if Obama were the candidate who left his first wife after she no longer

measured up to his standards?

——————–

What if Michelle Obama were a wife who not only became addicted to pain

killers, but acquired them illegally through her charitable organization?

What if Cindy McCain graduated from Harvard?

——————–

What if Obama were a member of the Keating-5?

What if McCain were a charismatic, eloquent speaker?

====================

If these questions reflected reality, do you think the polls would be as

close as they are?

 

What is it that rationalizes and minimizes a black candidate’s positive

qualities and qualifications?

You’re The Boss … which team would you hire with America facing historic

debt, two wars (to date), stumbling health care, a weak dollar, all-time

high prison population, mortgage crises, bank foreclosures, etc?

====================

Educational Backgrounds

 

Obama:

Columbia University – B.A. Political Science; specialization in

International Relations.

Harvard – Juris Doctor (J.D.) Magna Cum Laude

 

Biden:

University of Delaware – B.A. in History and B.A. in Political Science.

Syracuse University College of Law – Juris Doctor (J.D.)

 

vs.

McCain:

United States Naval Academy – Class rank: 894 of 899

 

Palin:

Hawaii Pacific University – 1 semester

North Idaho College – 2 semesters – general study

University of Idaho – 2 semesters – journalism

Matanuska-Susitna College – 1 semester

University of Idaho – 3 semesters – B.A. in Journalism

If you thought Iowa was a small state, get a load of New Hampshire, with just over a million people, it is smaller than many U.S. cities.

But by state law, the New Hampshire must have its primary a week before anyone else. (Iowa’s caucuses are not considered “official” primaries.)

In the spring of 2003, I was a guest speaker at a seminar teaching PR professionals strategies for successfully getting their news published or picked up by news organizations. Notice the spelling of my first name. I am NOT a “Dave.”

SAN JOSE, Calif. – The right to display firearms at gun shows on county fairgrounds is protected by the First Amendment of the U.S. Constitution, according to a San Francisco federal judge in an order issued this week.

The Sept. 27 ruling was part of the Nordyke v. King, (Case. No.: CV-99-04389) suit brought by gun hobbyists and gun show advocates Russell and Sally Nordyke. The Nordykes and a collection of other plaintiffs including the Madison Society, are suing Alameda County and the Board of Supervisors claiming their 1999 ordinance prohibiting guns on county property effectively bans gun shows and other legal displays of firearms in violation of constitutionally protected freedom of speech rights.

“The county could not have banned gun shows outright, they shouldn’t be allowed to ban them under the pretext of ‘public safet’.” Don Kilmer, the San Jose-based attorney representing the Nordykes said. “Gun Shows are cultural events and are protected by the First Amendment and the California Constitution’s Freedom of Expression Clause.”

In denying Alameda County’s motion to dismiss the case, U.S. District Court Judge Martin J. Jenkins agreed with the Nordykes that having guns at gun shows can be constitutionally protected “expressive conduct” – a form of free speech.

Judge Jenkins also said that the Nordykes have a viable claim that Alameda’s ordinance does, in fact, infringe on expressive conduct. The judge listed seven forms of protected speech that Alameda County’s ordinance may me infringing upon with its ban:

1. Advocacy that the Constitution’s Second Amendment should be interpreted to protect the right for an individual to bear arms.
2. Conveying a message that possession of guns is patriotic.
3. Celebrating and expressing solidarity or membership in the gun culture.
4. Expressing friendliness to gun owners.
5. Expressing support for the National Rifle Association’s or similar groups’ interpretations of the Second Amendment.
6. Displaying guns for educational, patriotic, political or commercial purposes.
7. Demonstration of support for private ownership of firearms.

Additionally, the judge found that the ordinance not only bans gun shows, it may ban ROTC or military veteran ceremonies which require firearms. For example, an American Legion 21-gun salute for a war hero at a funeral ceremony also is banned if the services are on Alameda County property.

“The County has admitted all along that its target was gun shows and the activities that take place at them.” Kilmer said from his San Jose law office. “Now its policy must stand up to fundamental, well-established rights that every American has under the First Amendment.”

American politicians from both parties routinely carry guns for political reasons. In the most recent presidential primaries, Sen. John Kerry invited the press to go pheasant hunting with him in October 2003 in the early caucus state of Iowa, knowing that published photos of him toting a rifle would attract the vote of gun owners.

“John Kerry’s photo-op aimed at hunters during the last election was the archetypical example of conveying a symbolic message by holding something in your hands, and letting your conduct speak for you.” Kilmer said.

With Judge Jenkins’ denial of Alameda County’s motion to dismiss, the case is proceeding to the trial level where Alameda County will have to defend its ordinance. Alameda County is represented by the Los-Angeles based law firm of Richards, Watson & Gershon.

Microsoft, the world’s largest software company, announced the name of its forthcoming version of the Windows operating system from its headquarters in Redmond, Washington Friday. But in choosing the name “Vista,” Microsoft may find itself in a legal fight.

Microsoft has made a name for itself in legal circles as a company that fiercely defends its trademarks and other intellectual property. With the choice of “Vista,” the tables may turn as it may face allegations of swiping another company’s trademark.

It appears the Vista name has already been taken by another high-tech company, coincidentally also based in Redmond. A few miles from the sprawling Microsoft campus is Vista Incorporated, which has operated a small business internet interchange since it was founded by Wall Data founder, John Wall in 2000. He was suprised by his larger neighbor’s move.

“We are going to consider our options and talk to Microsoft,” Wall said in an interview with the Seattle Times. Wall reportedly has not yet filed suit against Microsoft to stop it from using the “Vista” name. An investor in SCO, he does have other legal options aside from law suits. Instead, he may offer to sell the rights to the “Vista” name.

However, John Wall’s company is not the only business with claims on the name “Vista.” Many other tech companies use “Vista” as product names. Additionally, a wide-range of non-computer businesses have the name reserved, including branded products for sewing machines, elevators and the dairy industry.

For: Wikinews

With the stroke of a pen, Gov. John Baldacci of Maine signed into law a gay rights bill that extended legal protection against discrimination on the basis of sexual orientation. The new law does not legalize same-sex marriage.

Known officially as “LD 1196,” the bill’s wording adds the term “sexual orientation” to the list of protected classes in the Maine Human Rights Act banning discrimination in employment, housing, education, credit, and public accommodations. The bill was passed by the Maine House of Representatives by a vote of 91-58 Wednesday. The state senate approved the bill the same day by a vote of 25-10 the same day.

Previous protected classes under the state’s human rights act are gender, age, religion, race, and physical and mental disability. Additional language was added to LD 1196 before it passed clarifying that it would not extend marriage rights to same-sex couples and exempts privately-funded religious groups from having to comply with its provisions. The new law takes effect June 30.

Government official said the new law is needed to send a message. The Maine office of the attorney general says that the number of hate crimes against gays and lesbians increased by 12 percent in 2003. Baldacci said those figures underscore why the new law is needed.

“This act not only offers essential civil rights, but serves as a welcome,” Baldacci said in a press conference after signing the new law. “Our doors are open to all people. This is a proud day for Maine.”

But at least one group is organizing to stop the new gay rights law in its tracks. According to reports, the Christian Civic League of Maine has filed initial paperwork to put a voter initiative on the November 2005 general election ballot to overturn the new law.

The group must get at least 50,519 valid signatures from registered voters of the state by a June 28 deadline. Michael Heath, executive director of the group, told the Associated Press that is group has a goal of 70 thousand valid signatures and hopes to raise $2 million to fund a campaign, called a “people’s Veto,” to repeal the new law.

For: Wikinews

San Jose, California – As the April 15 deadline for U.S. private citizens to file their 2004 income tax returns draws near, the government is reminding sellers on eBay that they may have to report any proceeds from sales on the auction site as taxable income.

This could be a surprise to some of the 135 million registered eBay users who consider trading on San Jose-based auction site to be a non-taxable hobby. Complicating matters, eBay says it doesn’t report individual sales figures to the government. Users are responsible to report any profits on their own tax returns.

The amount of money traveling through eBay is big business. $33.8 billion worth of merchandise was sold on the site in 2004, up from $5.2 billion in 2000.

Although eBay pays …

For: Wikinews

San Francisco, California – Superior Court Judge Richard A. Kramer struck down two California laws that limited marriage in the state to a union of opposite-sex couples. The ruling came one year after San Francisco made worldwide headlines when it opened its city hall to same-sex weddings over Valentine’s Day weekend through March 11 2004.

Kramer said the two California laws violated the state’s constitutional guarantees of privacy and a legal concept called due process – which tries to ensure each person is treated equally by the law. “The denial of marriage to same-sex couples appears …

For: Wikinews

Hollywood fends for its meal ticket as consumer appetite for digital content grows.

How quickly have audiophiles taken to online downloading? Data from research firms Forrester Research and The Yankee Group show that one out of every five PC users in Europe and the United States regularly downloads MP3 music files. Peer-to-peer file sharing jumped 300 percent from the end of 2001 to 2003, according to Internet solutions provider Websense.

Now consumers want more. ISPs, like EarthLink and Comcast, claim that one of the primary factors driving the switch from dial-up to broadband Internet is the ability to download and stream Internet video.

This makes Hollywood nervous. Worse, the trend is leaning on ancient intellectual property (IP) copyright laws that are more than two centuries old. One major controversy stems from the Digital Millennium Copyright Act (DMCA), a 1998 U.S. law backed by the major music and movie studios.

The Electronic Frontier Foundation (EFF) says portions of the DMCA, like the provision that outlaws the copying of digitized media without owner consent, have been obsolete since day one. The statute also does not address technological abilities or changing consumer demand.

Big bucks are at stake. Five years since the DMCA was passed, 20 percent of U.S. consumers download music from the Internet, says Forrester. Half of those are buying fewer CDs. Statistics from the Recording Industry Association of America (RIAA) show retail recorded music sales’ shipments have taken a blow, falling 21 percent to $11.5 billion since 1999.

The $37.3 billion worldwide television and movie industry is expected to get hit next. The Motion Picture Association of America (MPAA) asserts that studios lost about $650 million because of DVD piracy in 2002.

Time Warner, owner of the behemoth Warner Music studio, estimates the music industry loses $10 billion annually, or about a third of its business, to piracy. With no end in sight to the downward trend of the business, Time Warner struck a deal to sell its music business for $2.6 billion in cash in November.

“We need to create a system for resale so that once a file is digital, it is not gone and free for the taking,” says Michael Cohen, an IP attorney with firm Heller Ehrman White & McAuliffe, which represents the Digital Media Association (DiMA), an industry group of Internet and tech companies offering digital media services.

Some legal experts say that with laws like the DMCA, America is inventing IP rights the rest of the world may never honor. “The DMCA needs to be revisited. It created IP rights for the digital world that never existed before in the real world,” says Mr. Cohen.

One sticking point: the DMCA imposes stricter regulations for digital media than those governing comparable material. For instance, owners of paperback books can make copies for personal use, and lend or sell books at will. But owners who did the same with those books in digital form, as e-books, risk a lawsuit for copyright infringement.

Ironically, consumers may address the economic realities of digital distribution before legislators do. Forrester says consumer interest in paying for digital music is growing. By 2008, Internet downloads will make up 33 percent of music sales. The firm expects the online music market to grow into a $1.4 billion industry by 2005.

A handful of online stores like Apple’s iTunes and Roxio’s Napster 2.0 are serving that market, but face a mishmash of Asian, European, Canadian, and U.S. copyright laws. For instance, the European Union (EU) has not standardized cross-border music licensing sales; its member countries have been unwilling to cede control of cultural property rights. Many are uncertain what legal fees and taxes should be paid if, say, a digital fan in Cyprus tries to download a German-produced MP3 file that is stored on a server in Ireland. And in an unusual move, the Copyright Board of Canada recently ruled it legal to download copyrighted music files (uploading is still illegal). U.S. laws, which can vary between states, offer little insight into this legal tangle.

Rights issues prevent iTunes from offering a complete catalog of major acts like the Beatles or Rolling Stones. Mr. Cohen says that unless U.S. and European laws become more business friendly, more users may leave iTunes for sites like Russia’s AllofMP3.com, which employs Russia’s loose IP laws to offer the Beatles catalog and thousands of other MP3 recordings for about 10 cents per song.

In 2004, expect record studios, Hollywood, and Internet commerce companies to renew pressure on federal and international lawmakers to tackle copyright problems.

PLAYERSApple Computer, Buy.com, CNet, Microsoft, Roxio: These owners of online MP3 music download services will battle it out for market dominance.

NBC Universal, News Corp., Time Warner, Viacom, Walt Disney: Major TV and movie studios are lobbying Congress to strengthen anti-piracy efforts.

Apple Computer, Microsoft, Real Networks: Makers of digital audio and video players stand to gain from exclusive Internet broadcasting contracts as the online streaming media audience grows.

Digital Media Association, Electronic Frontier Foundation: Expect these industry groups to battle it out in the courtroom and in the press.

ALSO IN MOTIONBroadcasting: The U.S. Federal Communications Commission (FCC) will try to enforce its new regulation requiring equipment manufacturers to install hardware to recognize a “flag” that will prevent recording or Internet transmission of broadcast-quality digital television video.

International laws: Industry and consumer lobbyists will push for a more cohesive set of international standards for IP law.

Software patents: As the EU debates software patents, American software companies face the possibility that their U.S.-granted patents will not be recognized in Europe.

For: Red Herring