Posts Tagged As: Folsom Street Fair
September 22nd, 2008
Peter LaBarbera of Americans For Truth and I may disagree on pretty much everything related to sexuality but something we both share is the fact we’re activists who rely on “fair-use” to expose and analyze things in the world we find objectionable.
In a recent analysis of Folsom, LaBarbera posted a digital copy of a congratulatory letter from Mayor Newsom to Folsom organizers as a one page excerpt from Folsom’s 2008 Program Guide which he found particularly offensive and illustrated the focus of his analysis.
Folsom organizers took issue with this apparently as their attorney sent LaBarbera a cease and desist letter claiming intellectual property infringement. LaBarbera, aided by the American Family Association’s General Counsel fired back calling their bluff, citing the “fair-use” clause of copyright law.
In this case I agree with Pete. Folsom’s lawyers are full of shit.
Specifically, the letter from Mayor Newsom is not Folsom’s property, it was written by someone at the Mayor’s office and is a matter of public record in the public domain. According to the Digital Millennium Copyright Act misrepresenting ownership of intellectual property puts the person making the false-claim at risk. Per Wikipedia:
anyone who makes a false claim of infringement or false counter-notification is liable for the damages suffered by the other parties
It appears the only thing Folsom organizers have succeeded in is giving the appearance of legitimizing Mr. LaBarbera’s attacks on them by allowing him to paint himself as the victim.
I contacted Folsom organizers to see if their side of the story differed from Pete’s — our email exchange is below:
I’m a pro-gay activist and write for a website called BoxTurtleBulletin.com which tracks and monitors the religious right. Recently it came to my attention that the anti-gay group Americans For Truth is claiming your lawyers sent them a cease and desist letter relating to their use of Folsom St. Fair promotional materials. The full article is online here:
Based solely on Peter LaBarbera’s account it appears he is well within the realm of fair-use and your lawyer’s claims have no ground are designed only to intimidate him.
Before blogging on this I would appreciate your side of the story.
Thanks for your email. While AFTAH claims fair use, that doesn’t mean it is fair use. There are specific legal criteria by which fair use is gauged. And, there are actually pretty severe limits placed on the amount of a work that can be reproduced under the fair use rule. We state clearly in our Guide: “Reproduction in whole or in part without permission…is prohibited.” That said, we apparently disagree on the issue which is why we are pursuing it. There is no intimidation involved here.
December 5th, 2007
Peter LaBarbera invited the world to attend a news conference at the National Press Club today to premiere his documentary on the Folsom Street fair. Fewer than ten people showed up, and most of them appeared to know LaBarbera or Concerned Woman Matt Barber. There were maybe two journalists, one of whom was the Washington Blade’s Rebecca Armendariz. Amazingly, Rebecca lived to tell about it. This part was my favorite:
And Peter REALLY hates the Sisters of Perpetual Indulgence, who were a prevalent force at Folsom Street. …LaBarbera, though, said that even though the Sisters do charity work, “We wouldn’t tolerate a Nazi charity fund.” NEWSFLASH: The Nazis killed millions of people. This gay rights organization raises money for AIDS research, breast cancer and the arts, among countless other charities. When he made that comparison, my mouth dropped.
You see, statements like that are why we have a LaBarbera Award. There are many imitators and pretenders, but Peter’s the real deal.
In this original BTB Investigation, we unveil the tragic story of Kirk Murphy, a four-year-old boy who was treated for “cross-gender disturbance” in 1970 by a young grad student by the name of George Rekers. This story is a stark reminder that there are severe and damaging consequences when therapists try to ensure that boys will be boys.
When we first reported on three American anti-gay activists traveling to Kampala for a three-day conference, we had no idea that it would be the first report of a long string of events leading to a proposal to institute the death penalty for LGBT people. But that is exactly what happened. In this report, we review our collection of more than 500 posts to tell the story of one nation’s embrace of hatred toward gay people. This report will be updated continuously as events continue to unfold. Check here for the latest updates.
In 2005, the Southern Poverty Law Center wrote that “[Paul] Cameron’s ‘science’ echoes Nazi Germany.” What the SPLC didn”t know was Cameron doesn’t just “echo” Nazi Germany. He quoted extensively from one of the Final Solution’s architects. This puts his fascination with quarantines, mandatory tattoos, and extermination being a “plausible idea” in a whole new and deeply disturbing light.
On February 10, I attended an all-day “Love Won Out” ex-gay conference in Phoenix, put on by Focus on the Family and Exodus International. In this series of reports, I talk about what I learned there: the people who go to these conferences, the things that they hear, and what this all means for them, their families and for the rest of us.
Prologue: Why I Went To “Love Won Out”
Part 1: What’s Love Got To Do With It?
Part 2: Parents Struggle With “No Exceptions”
Part 3: A Whole New Dialect
Part 4: It Depends On How The Meaning of the Word "Change" Changes
Part 5: A Candid Explanation For "Change"
Using the same research methods employed by most anti-gay political pressure groups, we examine the statistics and the case studies that dispel many of the myths about heterosexuality. Download your copy today!
And don‘t miss our companion report, How To Write An Anti-Gay Tract In Fifteen Easy Steps.
Anti-gay activists often charge that gay men and women pose a threat to children. In this report, we explore the supposed connection between homosexuality and child sexual abuse, the conclusions reached by the most knowledgeable professionals in the field, and how anti-gay activists continue to ignore their findings. This has tremendous consequences, not just for gay men and women, but more importantly for the safety of all our children.
Anti-gay activists often cite the “Dutch Study” to claim that gay unions last only about 1½ years and that the these men have an average of eight additional partners per year outside of their steady relationship. In this report, we will take you step by step into the study to see whether the claims are true.
Tony Perkins’ Family Research Council submitted an Amicus Brief to the Maryland Court of Appeals as that court prepared to consider the issue of gay marriage. We examine just one small section of that brief to reveal the junk science and fraudulent claims of the Family “Research” Council.
The FBI’s annual Hate Crime Statistics aren’t as complete as they ought to be, and their report for 2004 was no exception. In fact, their most recent report has quite a few glaring holes. Holes big enough for Daniel Fetty to fall through.