Tuesday, July 31, 2012

Canada Allows For Parody



Canada’s Statutes on Forgery and Uttering a Forged Document vs. Canada’s Copyright Modernization Act (Bill C-11 passed in June 2012)

Canadian Laws/Statutes:
“Forgery and Offences Resembling Forgery”
Forgery
366. (1) Every one commits forgery who makes a false document, knowing it to be false, with intent
(a) that it should in any way be used or acted on as genuine, to the prejudice of any one whether within Canada or not; or
(b) that a person should be induced, by the belief that it is genuine, to do or to refrain from doing anything, whether within Canada or not.

Making false document
(2) Making a false document includes
(a) altering a genuine document in any material part;
(b) making a material addition to a genuine document or adding to it a false date, attestation, seal or other thing that is material; or
(c) making a material alteration in a genuine document by erasure, obliteration, removal or in any other way.

When forgery complete
(3) Forgery is complete as soon as a document is made with the knowledge and intent referred to in subsection (1), notwithstanding that the person who makes it does not intend that any particular person should use or act on it as genuine or be induced, by the belief that it is genuine, to do or refrain from doing anything.
Forgery complete though document incomplete
(4) Forgery is complete notwithstanding that the false document is incomplete or does not purport to be a document that is binding in law, if it is such as to indicate that it was intended to be acted on as genuine.
R.S., c. C-34, s. 324.



Punishment for forgery
367. Everyone who commits forgery
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
(b) is guilty of an offence punishable on summary conviction.
R.S., 1985, c. C-46, s. 367; 1994, c. 44, s. 24; 1997, c. 18, s. 24.

Uttering forged document
368. (1) Everyone who, knowing that a document is forged,
(a) uses, deals with or acts on it, or
(b) causes or attempts to cause any person to use, deal with or act on it,
as if the document were genuine,
(c) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
(d) is guilty of an offence punishable on summary conviction.
NOTE:  I don’t think spoofing a document would constitute a crime under this statute whatsoever.  Clearly, uttering a forged document is when you forge a doc, and expect it to pass for real, thereby acting on it or having others act on it.  The other forgery statutes seem more on point. 

Wherever forged
(2) For the purposes of proceedings under this section, the place where a document was forged is not material.
R.S., 1985, c. C-46, s. 368; 1992, c. 1, s. 60(F); 1997, c. 18, s. 25.

False messages
372. (1) Everyone who, with intent to injure or alarm any person, conveys or causes or procures to be conveyed by letter, telegram, telephone, cable, radio or otherwise information that he knows is false is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

Indecent telephone calls
(2) Everyone who, with intent to alarm or annoy any person, makes any indecent telephone call to that person is guilty of an offence punishable on summary conviction.
Harassing telephone calls
(3) Everyone who, without lawful excuse and with intent to harass any person, makes or causes to be made repeated telephone calls to that person is guilty of an offence punishable on summary conviction.
R.S., c. C-34, s. 330.


Copyright Modernization Act – BILL C-11 HAS BEEN PASSED
The fair dealing reforms, which add parody, satire, and education to the list of fair dealing categories, represent an attempt to strike a balance between those seeking a flexible fair dealing provision and those opposed to new exception categories altogether… The government rightly rejected misleading claims that the changes will permit unlimited, uncompensated copying.

Directly from a Canadian Govt website:
Harper Government Delivers on Commitment to Modernize Canada's Copyright Laws
Ottawa, June 29, 2012—Today, the Honourable Christian Paradis, Minister of Industry, and the Honourable James Moore, Minister of Canadian Heritage and Official Languages, announced that new legislation designed to modernize Canada's copyright laws has received Royal Assent.
"Our Government recognizes the critical role that modern copyright laws play in protecting and creating jobs in Canada's digital economy," said Minister Paradis. "We have delivered on our commitment to modernize Canada's copyright legislation and strike the right balance between the needs of creators and users."
"This is the most comprehensive effort to modernize our copyright laws in over a decade," said Minister Moore. "It is widely supported by creator groups, consumer organizations and the businesses that drive Canada's economy."
A critical element of the Copyright Modernization Act is the requirement that Parliament revisit the Copyright Act every five years. This will serve as a reminder to current and future Parliaments and governments of the important role that modern and updated copyright laws play in our economy.
For further information (media only), please contact:
Margaux Stastny
Director of Communications
Office of the Honourable
Christian Paradis
Minister of Industry
613-995-9001
Media Relations
Industry Canada
613-943-2502

Government of Canada
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Balanced Copyright
balancedcopyright.gc.ca
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What the Copyright Modernization Act Means for Consumers
The Copyright Modernization Act allows for everyday uses of content and provides clear rules that will better enable Canadians to participate in the digital age. Key changes include:
Fair dealing for parody and satire: The Bill enables the use of copyrighted materials to create a parody or satire, provided the use is considered "fair."
FYI:
The original 2004 Canadian Supreme Court case that opened the door to “parody” and the recent revamping and modernization of their Copyright Laws:
CCH Canadian Ltd. v. Law Society of Upper Canada ruling
The Supreme Court ruling on CCH Canadian Ltd. v. Law Society of Upper Canada (March 2004) is a crucial ruling on fair dealing and library photocopying which emphasizes the importance of user rights.
The Supreme Court in the CCH Judgment argued that fair dealing constitutes a user right balanced against the rights of the copyright holder. Furthermore the Supreme Court has argued that fair dealing should be broadly, not narrowly, interpreted. That said, fair dealing needs to fit the five permitted purposes (see no. 1 below).
The Supreme Court provided in the CCH decision six factors for deciding whether or not something is fair dealing:
  1. The purpose of the dealing will be fair if it is for one of the allowable purposes under the Copyright Act, namely research, private study, criticism, review or news reporting.
  2. The character of the dealing
    Single copies are fine, multiple copies tend to be unfair.
  3. The amount of the dealing
    "...for the purpose of research or private study, it may be essential to copy an entire academic article or an entire judicial decision."
  4. Alternatives to the dealing
    "...patrons [of a Library]... cannot reasonably be expected to always conduct their research on-site..."
  5. The Nature of the work
    "...the Access Policy puts reasonable limits on the Great Library's photocopy service."
  6. Effect of the dealing on the work
    "...no evidence ...to show that the market for the publishers' works had decreased as a result of these copies having been made." 



Friday, July 27, 2012

What Ive Learned From Brianne Chantal Patterson

Where to begin? First of all, Ive learned that those crazy stalker types you see in movies really do exist, and they are just as ruthless, evil, deceptive and manipulative, if not more so in real life.
 
When we gave Brianne and her lies the heave ho and outed her for her attempt to use us for her own fame, this is when the lessons started in full.
Soon the supposed PMs I sent her via Facebook came out.


 Know without a doubt I never sent such a PM, nor would I ever send such a PM, but I had to find out just how she did it.  With one quick ‘How to fake a facebook pm’ search on Google revealed just how she did this. It really is pretty easy to fake this stuff.


Before I encountered Hairy McScarry, I never knew such programs existed. I mean you can literally find one to fake PMs, DMs, text messages, entire conversations.These programs are intended to prank your friends and most of them say this in disclaimers, but this never stops The Beast of Burnaby Brianne from using them for her evil purposes.
Brianne also has no compunction about getting other people involved in  defaming those who she feels wronged her. She also isnt above making up lies to post about people, like the many she has written about us and our children’s friends and the friends family.  Im personally so glad the family she implicated in this none sense continues to actively pursuing their legal options in this matter.

When she was caught trying to shop yet another bogus story regarding us, our daughter and Casey Anthony all living together in Florida. She just does not care who she hurts or how big the LIE, if it suits her need for revenge or if she thinks it will bring her her 15 minutes, she’ll tell it.

This includes telling it to and lying to Law Enforcement Officers, both in her country and in this country as well. Because of these lies, I now have an entire folder of Police Reports as well as correspondence to/from one particular RCMP officer. An officer who most recently accused me of uttering forged documents. An officer who probably needs to look up the legal meaning of such accusations before making them and who recently I had to fill out a formal complaint on, but that’s a story for another time.

Ive also learned that Brianne has zero talent when it comes to actually doing anything herself, which is why she steals other people’s original works and tries to file false DMCA claims on them as her own, and if she cant get them taken down by the host company, she simply tries to find other ways to get them pulled by the host, as she has done on more than one occasion with myself as well as many other people.

There is really no low too low for her to stoop to in her revenge/defame game.
This girl lies, cheats, steals, stalks and defames. She is pure evil, and anyone who has read this blog, ever had any kind of dealings with her or googled her name knows this.
For as ruthless and evil as she is, she is also stupid because she LOVES to brag about all of her activities, and she has bragged to myslef and others time and time again.

When we had our truce, that I was more than willing to keep, but she just had to break for another shot at fame, that and she became spooked (she spooks very easily with very good reason..she has many crimes to be worried about people uncovering)  when another blogger said she spoke to the FBI about Brianne. But while we were truced up she admitted to filing false claims, faking all kind screen shots, messages, etc. She was more than happy to share these deeds of hers, and Ive been more than happy to have since shared them with authorities and those she bragged about wronging.

The funniest thing Ive learned from Brianne is, when it all goes South and people are getting wise to you, simply delete everything thing you’ve ever written, and deny it all. When all that fails .. threaten. She LOVES to threaten, even when the threats are absurdly hilarious, she makes them.. and I believe on some level in her disturbed mind, she believes them too. By the way Brianne, Im still waiting on my letter from Judge Judy and CBS.
Ive been called a bully, bitch, stalker, you name it since starting this blog. Ive told many times my reasons for starting this blog, and why I will continue this blog.. BUT.. the one thing Ive always relied on is the truth.

The TRUTH.

Something Brianne Chantal Patterson is not acquainted with.