Thursday, January 13, 2005

 

April Sets The Bar

It's no big secret that April is not the Prussian Blog's biggest fan. After all, we regularly point out the some of the following facts: 1) She is a careering and overbearing stage mom; 2) She has a propensity for sleeping around; 3) Her daughters have zero musical talent; 4) She is a neo-Nazi (why this one would bother her is beyond me); and 5) She and her daughters used to have some pretty nasty mullets.

This last point seems to have really irked April. In fact, she's actively gone to the BBC asking them to contact the us about our use of the pic of the Gaedes with Louis Theroux. This isn't the first time she's been upset about our use of images of her, her daughters, her daughters' cousin, and their horses and dogs. It's also not the first time she's tried to do something about it. For now, we're waiting to hear back from the BBC's legal representatives about continued use of the image. For now, let me take the opportunity to up the Gaede klan on some U.S. copyright law regarding fair use (you'll notice that's been added to the side panel, where it will stay):

§ 107. Limitations on exclusive rights: Fair use

Release date: 2004-04-30

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.


Given the aforementioned, it's pretty obvious our use of the BBC images (or any other images of the Gaedes) is well within the bounds of fair use law. The use of such images is for the purposes of criticism, comment, reporting, and satire (which is also protected speech), and was not used in a commercial nature or in any way that would effect "the potential market for or value of the copyrighted work." That said, we're partial to the BBC, so we're being polite--you'll noticed we haven't taken down any images from National Vanguard, which April has been hopping mad about in the past. Regardless, the images are probably going to go back up.

What makes all of this so utterly bizarre (or not) is how the National Alliance--and April--constantly harp on the issue of their much-beloved freedom of speech. For instance, once when April was invited to a high school reunion with the caveat that she please not get all Hitlerish on everyone, she responded to the invite by criticizing her old classmate for tryin to "deny my freedom of speech for the right to attend."

April is no stranger to double standards about this issue. In fact, in the very same letter, she wrote, "I am pretty sure that if I was a member of NAACP, MECHA, La Raza, or NAMBLA you wouldn't have said a word. I bet that if I had shown up with a lesbian lover you wouldn't have dared to mention that it offended anyone, though I am pretty sure that it would have." (Note: this is the same letter in which April denies being a white "supremacist" in favor of the term white "nationalist.")

In typically fascist fashion, April sets the bar for entitlement to "freedom of speech" just a tad higher for everyone else. Kudos are in order.

Comments:
This is an e-mail exchange between myself and Ms. White Separatist just after I attended our 20 year High School reunion in which April claimed we "banned" her from and applied this supposed "gag rule".
__________________________________
Doreen,

When have I ever preached hate? By loving and asking for a future for my race? Do you say the same to your friends who are La Raza and MECHA members since they also preach racial politics??

It is so obvious from your response that you are writing about a subject of which you are ignorant. The salute that you see White Nationalists do dates back to the Roman times....go back and read some history, educate yourself. By the way , the swastika is over 10,000 years old.

You still didn't answer the question of what it was that I was going to "do " that everyone was so scared of...but that is typical of those who like to preach "tolerance" through one side of thier mouth.

There are many people who agree with me, many who graduated with us from Reedley, you would be surprised. It is just that they are not all in a postion like myself to be able to openly state thier feelings on the subject of race.

The thing is Doreen, I wasnt coming to the reunion to get your approval or to have you agree with me, I was simply planning on coming for the same reasons that everyone else did, to see old freinds and what they are up to now. And I wasnt the one that was acting hateful.

As for your queer/lesbo/crossdressing friends, I am sure that they are nice people in your opinion. I still personally find thier lifestyle and behavior disgusting and offensive and against Natural Law and I am pretty sure it is also offensive to most conservative minds in Reedley. Would I have asked them not to attend the reunion, no way, I would have just laughed about their behavior on my way home in the car. But then I guess I am just more tolerant than you.

April Gaede

MY RESPONSE:
Hi April,

Firstly, I have no known friends who are La Raza and MECHA members, nor would I care to. I hate being around anyone who is too f***ing fanatical about anything--it's just freakish to me.

You can keep just telling yourself that I (everyone else)are ignorant to your wise ways of the world and "racial awareness". I don't give a damn--I was merely writing to you in the first place because I wanted to let you know that you were (and are) wrong about the RHS classmates of 1984.

The last time I checked no one in our graduating class was running for President or any other political office so when you say and I quote "There are many people who agree with me, many who graduated with us from Reedley, you would be surprised. It is just that they are not all in a position like myself to be able to openly state their feelings on the subject of race." Your mysterious list of names is more than likely non-existent and the people I encountered at the reunion were mature, friendly adults.

You stated "I was simply planning on coming for the same reasons that everyone else did, to see old friends and what they are up to now." I personally don't believe you. You seem to despise your classmates by the way you replied back to Toni and referring to "cliques" 20 years later. WHY would you really want to be there then?

Face it, baby. You left no lasting, positive impressions on your classmates and accept that none of them cared to see you after 20 years.

By the way my "queer/lesbo/crossdressing friends" appreciate your "tolerance".

With love and light, Doreen
 
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