No Matter Where The Truth Leads You

Reflections While I Am Still Above Ground by Mitch Santell

truth yes

Happy Saturday dear readers and followers. Each and every day, I am fascinated with the speed in which people are waking up.

When you open up your icebox and pull out a pizza, and these are the ingredients, you know in your heart and soul you can’t eat it.

Why?

Answer: Too many additives that your body does not know how to digest. 

Fake Pizza


Do you know why you can’t think? It is the chemicals that you are eating each day.

Because of the chemicals, you eat you may think that it is normal for an 11-Year-Old Boy who supposedly has “Autism,” to be a drag queen kid. This is not normal.

Look at these articles and read for yourself:

Why I Reported the Case of an 11-Year-Old Drag Queen to Child Protective Services

KarenKataline-011-214x300

Written by Karen Kataline

I write this today with the same motivation and that is why I reported Desmond’s case to Child Protective Services.

It is not against the law to be a drag queen or to dislike them. But the general public has been so bombarded with epithets like “transphobic,” “homophobic,” or “anti-LGBTQ,” that they twist themselves into contortions to show their tolerance.  As such, formerly reasonable adults turn timid and mute even when a child is being exploited and used.

With or without social approval, if a child wants to grow up to be a drag queen when he reaches the age of consent, so be it. But when any child is overtly sexualized and the boundaries between child and adult are so blatantly reversed, I get mad.

As a supporter of limited government, parental rights and personal responsibility, I had serious concerns about reporting this case, as I wondered what exactly I was asking them to do. Many situations are made worse when the state gets involved.

Read the rest here: http://bit.ly/321Y3bp

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Desmond Is Amazing!

 

 

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A Call for an Uprising

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California’s Transgender Collapse

Commentary Labeled, “I tried to tell you,” by Mitch Santell.

Youngest Drag Queen 2019

The truther community is very diverse. It is sad to watch, hear, and read of so many that have decided to “hang it up.” For me? I will continue to do my best to wake people up to the truth here in California.

It has been said for many years, that how California goes so goes the rest of America.

Please look at this 4 Minutes and 11-second clip of what is happening in Sanctuary California.

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The more significant issues here is that over 100,000 undocumented illegal immigrants are directly passing from Mexico into California.

The guy who shot the video above is one of my favorite Truther’s. His name is Gary Gileno and he lives in West Covina, California where I was raised too. While the clip above is only 4 minutes and 11 seconds in length, you can find the full version at https://youtu.be/9x1ErURD2vU

grindall61 2019-05-22 at 2.04.07 PM

You can reach his YouTube Channel at:

https://www.youtube.com/user/grindall61/about


Here is something that Gary Gileno Placed on his website in regards to getting the truth out about California:

I am writing this to let everyone know that I am semi-retiring from this world. I say semi because I have been politically involved off and on for over 15 years and never seem to get away from it fully no matter how hard I have tried in the past.

People have been ridiculing me for years telling me that I need to get out of California. I don’t necessarily need to get out of California, but I DON’T need to fight for her anymore.

As I have said repeatedly over the years, I never intended to fix California but was trying to warn the rest of the country of what was to come.

People did not heed that warning. Part of heeding that warning was that people needed to mobilize in their communities and stop California from happening to their towns yet I have received emails from all over the country about how what I show in my videos has already happened where they live.

American’s live a life of great comfort. There is always plenty to eat, water always comes out of the faucet, and people living in poverty have cars, flat screen TVs, cell phones, internet, and cable. Because of this, there is no real incentive to fight the creeping tyranny. And besides, who’s got time to fight for something stupid like silly freedumb amiright? This has always been my greatest problem. People just don’t have time to fight for this country.

I always hear all this silly talk of civil war and it’s just that. It’s silly. It’s silly because I am suppose to believe that the people who won’t give an hour out of their week to fight for this country are the same people who are going to go out and risk prison or death to fight in a civil war.

It’s never going to happen.

For years I have tried to get people to join me at the events and what have I heard 1000’s of times? I can’t make it. I have to work. At different intervals, the issue of my making money doing this has come up and I have heard 100s of times how I am some freeloader who needs to find a job.

It never use to bother me until just recently. It bothers me now because I’ve realized that the people who say I am only about money are the same people who have told me in the past they couldn’t fight for their country because going to work and making a living was more important.

I DO NOT HAVE ANY OBLIGATION TO SACRIFICE MYSELF SO THAT YOU CAN LIVE A CARE FREE LIFE.

I have no regrets about the choices that I have made over the last 6-7 years but to say that I have made a sacrifice is an understatement. The point that I am making is that the public has failed me.

I have less people working with me right now than I did 2 years ago. For the last few months, I have been posting my events publicly and not one time has anybody that I hadn’t met previously shown up.

The 2018 November election was a huge turning point for me and it’s what has caused what you are seeing today in regards to grindall61.

California got trounced just as I expected it would to the point that fighting isn’t even worth the time anymore. I decided to keep going because it’s all I know at this point.

Recently, there was a special election where someone I know personally was running for office. I knew he wouldn’t win but when he lost 70-30 that was all I needed to know. It doesn’t matter what I do or what victories I have had, at the end of the day we’re going to lose elections 70-30 because that’s just how it is in California.

This election was the straw that broke the camel’s back for me. I have come to realize that out of all the victories that I have been involved in and all that my teams have accomplished, things are significantly worse right now than before I started. It’s as if we never existed.

There have been questions as to why I deactivated my social media accounts. The reason has to do with my personal facebook page. I can no longer handle people that I know personally throwing all their convictions and personal beliefs out the window because Donald Trump has adopted much of the enemies platform and “we must support Trump no matter what he does.”

I recently could no longer handle seeing that crap in my facebook feed and so I turned it off. People constantly ask me if not Trump than who? America is not going to be saved. I tell my wife on a regular basis that America is already over, people just don’t realize it yet.

There is no political solution for the problems that we have in this country. Something much more severe than an election is going to have to occur to turn this ship around and that brings us back to the conversation about people being too comfortable.

People are too comfortable and as long as they are comfortable they aren’t going to do anything and that has never been more evident to me than it is right now. I also recognize that there is no one person in this country who has been more responsible for people leaving California than me.

I know that if I never made these videos thousands of people would have never been exposed to my information and would probably still be living here right now.

So with that, I will no longer contribute to the exodus of California. I am not going away completely because if I see something and I have my camera I’ll take video and upload it if it’s interesting but I will no longer go out of my way to serve people who won’t go out of their way for this cause.

Lastly, youtube and the way it has been behaving is part of the reason why this is happening but only a small part. I have been dealing with youtube and their bullshit for almost 7 years. And it’s the culmination of the 7 years that gets to me more than what has occurred recently. I have done my part in fighting for this country.

Someone else is going to have to pick up my slack and make the sacrifice. I am now going to be like everyone else and am going to be a spectator in the most spectacular crash in world history.


Now for a message of hope from Gavin Newsom, the Governor of California:


Parting shot: I wish I was drinking what he has been smoking!

#climatechange #environment #globalwarming #climate #earthday #nature #maga #savetheplanet #climateaction #sustainability #earth #love #climatechangeisreal #climatejustice #trump #resist #climatestrike #green #zerowaste #notmypresident #feminist #gay #women #blm #renewableenergy #lgbtq #extinctionrebellion #gretathunberg #fridaysforfuture #bhfyp #congress #woke #cleanenergy #equalrights #teen #individual #treason #sustainable #repost #senate #gop #racism #girls #idiots #gogreen #reading #lockhimup #guys #stillwithher #men #corrupt #vegan #recycle #greenenergy #plasticfree #art #photogroup #bethechange #pollution #future #JOYCONBOYZFOREVER Meghan McCain

Know Your Enemies By What They Post

We Need To Look Behind The Curtain by Mitch Santell

black-eyed-children

So much of what I find online has been written by others. I comment on these writings because I care and because there are others out there who can articulate a position much better than yours truly.

Check out what I found in regards to posting on Public Forums like Reddit.

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Know your enemies by what they post and how it is posted. 

Technique #1 – ‘FORUM SLIDING’ 

If a very sensitive posting of a critical nature has been posted on a forum – it can be quickly removed from public view by ‘forum sliding.’ In this technique, a number of unrelated posts are quietly prepositioned on the forum and allowed to ‘age.’ Each of these misdirecting forum postings can then be called upon at will to trigger a ‘forum slide.’ The second requirement is that several fake accounts exist, which can be called upon, to ensure that this technique is not exposed to the public. To trigger a ‘forum slide’ and ‘flush’ the critical post out of public view it is simply a matter of logging into each account both real and fake and then ‘replying’ to pre-positioned postings with a simple 1 or 2 line comment. This brings the unrelated postings to the top of the forum list, and the critical posting ‘slides’ down the front page, and quickly out of public view. Although it is difficult or impossible to censor the posting, it is now lost in a sea of unrelated and unuseful postings. By this means, it becomes effective to keep the readers of the forum reading unrelated and non-issue items. 


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Robert F. Kennedy Jr. doesn’t think Sirhan Sirhan killed his dad

Technique #2 – ‘CONSENSUS CRACKING’ 

A second highly effective technique is ‘consensus cracking.’ To develop a consensus crack, the following technique is used. Under the guise of a fake account, a posting is made which looks legitimate and is towards the truth is made – but the critical point is that it has a VERY WEAK PREMISE without substantive proof to back the posting. Once this is done then under alternative fake accounts, a very strong position in your favor is slowly introduced over the life of the posting. It is IMPERATIVE that both sides are initially presented, so the uninformed reader cannot determine which side is the truth. As postings and replies are made the stronger ‘evidence’ or disinformation in your favor is slowly ‘seeded in.’ Thus the uninformed reader will most like develop the same position as you, and if their position is against you, their opposition to your posting will be most likely dropped. However, in some cases where the forum members are highly educated and can counter your disinformation with real facts and linked postings, you can then ‘abort’ the consensus cracking by initiating a ‘forum slide.’ 


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BLADE RUNNER AND GENRE: FILM NOIR AND SCIENCE FICTION 

Technique #3 – ‘TOPIC DILUTION’ 

Topic dilution is not only effective in forum sliding; it is also very useful in keeping the forum readers on unrelated and non-productive issues. This is a critical and useful technique to cause a ‘RESOURCE BURN.’ By implementing continual and non-related postings that distract and disrupt (trolling ) the forum readers they are more effectively stopped from anything of any real productivity. If the intensity of gradual dilution is intense enough, the readers will effectively stop researching and simply slip into a ‘gossip mode.’ In this state, they can be more easily misdirected away from facts towards uninformed conjecture and opinion. The less informed they are, the more effective and easy it becomes to control the entire group in the direction that you would desire the group to go in. It must be stressed that a proper assessment of the psychological capabilities and levels of education is first determined of the group to determine at what level to ‘drive in the wedge.’ By being too far off topic too quickly, it may trigger censorship by a forum moderator. 


“True ignorance is not the absence of knowledge, but the refusal to acquire it.”
― Karl R. Popper


IBM think
There Is No Privacy Any More

Technique #4 – ‘INFORMATION COLLECTION’ 

Information collection is also a very effective method to determine the psychological level of the forum members and to gather intelligence that can be used against them. In this technique in a light and positive environment a ‘show you mine show me yours’ posting is initiated. From the number of replies and the answers that are provided, much statistical information can be gathered. An example is to post your ‘favorite weapon’ and then encourage other members of the forum to showcase what they have. In this matter, it can be determined by reverse proration what percentage of the forum community owns a firearm, and or an illegal weapon. This same method can be used by posing as one of the form members and posting your favorite ‘technique of operation.’ From the replies, various methods that the group utilizes can be studied, and effective methods developed to stop them from their activities.


Annoyed Angry Woman Pointing
How To Deal With Angry People

Technique #5 – ‘ANGER TROLLING’ 

Statistically, there is always a percentage of the forum posters who are more inclined to violence. In order to determine who these individuals are, it is a requirement to present an image to the forum to deliberately incite a strong psychological reaction. From this, the most violent in the group can be effectively singled out for reverse IP location and possibly local enforcement tracking. To accomplish this only requires posting a link to a video depicting a local police officer massively abusing his power against a very innocent individual. Statistically of the million or so police officers in America, there is always one or two being caught abusing their powers, and the taping of the activity can be then used for intelligence gathering purposes – without the requirement to ‘stage’ a fake abuse video. This method is extremely effective, and the more so, the more abusive the video can be made to look. Sometimes it is useful to ‘lead’ the forum by replying to your own posting with your own statement of violent intent, and that you ‘do not care what the authorities think!!’ inflammation. By doing this and showing no fear, it may be more effective in getting the more silent and self-disciplined violent intent members of the forum to slip and post their real intentions. This can be used later in a court of law during prosecution.

Technique #6 – ‘GAINING FULL CONTROL’ 

It is important to also be harvesting and continually maneuvering for a forum moderator position. Once this position is obtained, the forum can then be effectively and quietly controlled by deleting unfavorable postings – and one can eventually steer the forum into complete failure and lack of interest by the general public. This is the ‘ultimate victory’ as the forum is no longer participated with by the general public and no longer useful in maintaining their freedoms. Depending on the level of control you can obtain, you can deliberately steer a forum into defeat by censoring postings, deleting memberships, flooding, and or accidentally taking the forum offline. By this method, the forum can be quickly killed. However, it is not always in the interest to kill a forum as it can be converted into a ‘honey pot’ gathering center to collect and misdirect newcomers and from this point be completely used for your control for your agenda purposes.


 

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CONCLUSION 

Remember these techniques are only effective if the forum participants DO NOT KNOW ABOUT THEM. Once they are aware of these techniques the operation can completely fail, and the forum can become uncontrolled. At this point, other avenues must be considered such as initiating a false legal precedence to simply have the forum shut down and taken offline. 

More here: http://bit.ly/2Ru5Wl5


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The Baby Boomers Dilemma

Reflections On Fading The Baby Boomer Generation by Mitch Santell

This is a hard commentary to write because while I want to pontificate about all the things that the Baby Boomers did wrong, yet I am one of them.

Before we go any further, let’s watch a brief commentary by Steve Allen.

We Baby Boomers had a tough go of it because the world we were born into was different from the World War II Generation.

The end of the Second World War saw a new level of prosperity in America we had not seen since before the great depression.

There was a new feeling of freedom and prosperity, and it felt like the sky was the limit. On June 23rd of this month, I turn 62. Guess what? Yes, I am still shocked that I made it because of so many of my mentors, partners, and friends who have passed on. Many of them way before their time.

When I look at the challenges that Los Angeles is going through in June of 2019, it is like no other time in American history.

Born at UCLA Medical Center in Los Angeles, within a few months, my Mom was pregnant with ME <grin>, my parents moved from their apartment to Valanda, California.

Valinda, Lakewood, Downey, Whittier, West Covina and many bedroom communities like it sprang up all over Southern California.

Most Baby Boomers as we grew up, were spanked. We had corporal punishment. It could be my Mom’s rubber belt that hit me on my leg or butt three or four times a year that did the trick to keep me in line. As I got older, my parents spanked me less. Hey, I even remember my 5th Grade teacher slapping my left hand with a ruler because I wouldn’t keep my mouth shut in class.

My parents were firm but loving and very, very kind to me. Hugs and kisses on my cheek were very common in my home, and my parents never really had an enemy, our door was open to friend and foe alike.

Baby Boomers across America did something their parents never did. What was it? We didn’t believe in spanking, I never hit my own children, and from time to time I had to yell at them, but I tried to just treat them as “human beings” first.

Since my generation was so lenient, we just didn’t hit our kids.

As Baby Boomers as our kids grew up, some of them got into terrible trouble. Other kids followed the rules but were hit hard with broken, divorced families.

I’ve been married for 33 years. I’ve been with my wife for 34 1/2 years. My parents were married for 48 years.

The Baby Boomers watched, participated, pushed all kinds of consumerism onto their families and giving our kids whatever they wanted. Yeap, I spoiled my kids a lot with love. It still didn’t help. There is a great divide between me and my son then there was between me and my own Dad.

Think about how much simpler life was. Think about how much slower things were. Think about the fact that because of the way we treated our kids growing up, that a very high percentage of children have made a choice to not have children. Why? In my view there are so many options out there our youngsters are pushing back.

At 62 my focus is on the legacy I’ll leave behind when I am not here anymore. My style? Doing what my parents taught me (may they rest in peace), that we need to live each day as though it were our last and one day, we will be right!

Enjoy each age and simply go one step at a time!


#homeless #homelessness #charity #nonprofit #homelesspeople #love #giveback #poverty #volunteer #bnw #streetphotography #help #nyc #art #street #helpingothers #community #poor #photography #life #newyork #streetlife #people #endhomelessness #veterans #truestory #blackandwhite #newyorkcity #education #bhfyp #women #humanity #losangeles #homelesscrisis #bbqfamily #bbq #firstresponders #weareobr #thealwaysservingproject #fightagainsthunger #usa #healingpowerofbbq #endhunger #home #alwaysserving #mtl #ethicsproject #gym #schoolproject #helpingthoseinneed #actsofkindness #literaryagent #changingtheworld #readforfree #writersofinstagram #authorsofinstagram #homelesswriter #montreal #ahomelessinneedisourproblemindeed #addiction #homelessness #homeless #nonprofit #poverty #charity #volunteer #community #donate #homelessnessawareness #atlanta #hunger #love #housing #socialimpact #spreadinglovethroughfood #foodrescue #foodwaste #foodrecovery #changemaker #donatedontdump #hope #endhomelessness #children #humanity #life #umifeeds #photography #philanthropy #umicares #bhfyp #technology #tech #innovation #business #iphone #engineering #programming #science #design #apple #electronics #software #computer #gadgets #instagood #coding #follow #android #love #instatech #technews #geek #developer #startup #programmer #instagram #future #gadget #smartphone 

 

 

 

 

Exodus 2: The Underlying Reason for The Movement

The divide between men and women feels out of control to me. This post is not for the faint of heart. This post goes beyond race, color or creed. When I read this, it was from a perspective I had never thought of before and had to share it. Let me know your thoughts and feel free to share with others.

diaryofanegress

Related image

So I apparently hit a nerve again.

The truth has a tendency to do that.

I took a break to focus on myself, to heal, to meditate, to relax, to listen to some Teddy Pendergrass and to focus on the changing atmosphere in Trump’s America. Hard times are coming and many of us are woefully unprepared.

I’ve gotten a slew of letters from blacks, whites, men and women, asking me for dialogue and what made me, of all people, come to this point in my life where I’m finally writing about this…

I have this uncanny ability to make people be at total ease. They tell me things about themselves. Their lives, their failures, their pain and their struggles. Over the past few years, I’ve sat and read and listened to black women say the same things over and over again like clockwork.

“It was my uncle that…

View original post 1,721 more words

Apple’s Little Secret

Commentary On Little Irritations by Mitch Santell

apple-macintosh-1984-history
Nope, It is Not 1984.

Like so many of us who are die hard Apple fans, we sometimes think that Apple in 2018 is Apple of 2008. Well, it is not. The most recent little secret that I discovered when I wanted to treat my wife to one of her favorite films from when she was a kid.

We simply purchased Lost Horizon at the iTunes store. We immediately started streaming the movie and it looked fine.

This morning I decided that I would download the movie to my Mac Mini so that we would not have to wait for Apple to “authorize” our purchase so we could stream it.

Guess what? I could download the film but because I use a less expensive Dell Monitor, I couldn’t play the film after I downloaded it.  The film will still stream but not download. 

My response to all this? It makes me not want to purchase movies any more through Apple, Inc.

Sorry Steve Jobs, I think I’ll be going elsewhere to buy my films bro.

Apple's secret
Apple’s Little Secret Is That You Can’t Download Movies To a Mac That Has A Cheap Screen.

The biggest innovations from Apple in 2019 likely won’t be its devices. Instead, it’ll be the services that run on them.

iPhone sales just aren’t soaring like they used to, and it’s getting harder to make smartphones flashier each year. Apple’s ability to woo users increasingly may come from the software and services — like Apple Music and the upcoming Apple video service — we use on those devices.

That’s partly why Apple will no longer break out iPhone unit sales. Tim Cook wants everyone to think about Apple differently, as hard as that may be.

“Given the momentum that we’re seeing across the board, we feel great about our current services,” Cook said during the company’s earnings call in July. “But obviously we’re also thrilled about our pipeline that have some new services in it as well.”

Apple in the coming years may look very different from the company in the past decade, when it got about two-thirds of its revenue from its smartphone lineup.

Read more here: https://cnet.co/2BtgNEn

Apple Newton Yes
Will Apple Stay On The Cutting Edge?

#christmas #holidays #tistheseason #socialsteeze #holiday #winter #instagood #happyholidays #elves #lights #presents #gifts #gift #tree #decorations #ornaments #carols #santa #santaclaus #love #xmas #red #green #christmastree #family #jolly #snow #socialsteezerrychristmas #happynewyear #newyearsday #newyear #socialsteeze #2017 #2018 #2019 #newyearseve #newyears #newyears2017 #bye2017 #hello2018 #donewith2018 #newyearsresolution #goals #dec31 #jan1 #instagood #celebration #photooftheday #newyearscelebration #newyearsparty #party #celebrate #fun #iphone #iphoneonly #apple #socialsteeze #appleiphone #ios #iphone6 #iphone7 #technology #electronics #mobile #instagood #instaiphone #phone #photooftheday #smartphone #iphoneography #iphonegraphy #iphoneographer #iphoneology #iphoneographers #iphonegraphic #iphoneogram #teamiphone #asia #japan #china #trump #me #porn #trending #BTS #EXO #giveaway #winter #cold #holidays #socialsteeze #snow #rain #christmas #snowing #blizzard #snowflakes #wintertime #staywarm #cloudy #instawinter #instagood #holidayseason #photooftheday #season #seasons #nature #clouds #cloud #cloudporn #socialsteeze #weather #lookup #sky #skies #skyporn #cloudy #instacloud #instaclouds #instagood #nature #beautiful #gloomy #skyline #horizon #overcast #instasky #epicsky #crazyclouds #photooftheday #cloud_skye #skyback #insta_sky_lovers #iskyhub

QUESTION: What’s the Reason Behind the Rise of Transgender-ism?

This movement is the single biggest distraction by the American Counter-Culture and the U.S. Media. Now being straight and flirting is now in the closet.

Check this out and read on: Now, Heterosexuals are in the Closet

Home Is Where the Hate Is: The Triangle

The more I browse through social media outlets in the USSA or even travel abroad, I cannot help but notice the rise of transgenderism.

But why? And who’s to blame?

If you ask some people these two straight-forward questions, they will tell you about how transgenderism (and alternatives to matrimony) is some government “conspiracy” to destroy family units, or to promote perversion. Others point out some biblical dystopia that occurs within “the last days”, or simply blame liberalism, or neoliberalism.

Here’s my thoughts…

While there’s nothing new under the sun, the rise of transgenderism, like homosexuality, can stem from several components. While it’s rather asinine to assign this epidemic to race, some of this stems from the emasculation of the American white male. I mean, we can discuss Roman holidays (homosexuality in ancient Rome), LGBT musicians flourishing way back in the 1960s, bisexual American presidents (including J. Edgar…

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America Is Gay, “Not that there’s anything wrong with that!” ~ Jerry Seinfeld

Accepting Our Culture In 2018 by Mitch Santell

obama-white-house-in-rainbow-colors-after-scotus-ruled-for-gay-marriage

America is turning gay on purpose and if you don’t believe me here is a quote below and a video to prove it. You can’t make this stuff up!


Atrazine is one of the world’s most common pesticides: over 80 million pounds of it were used on American crops last year, and it has been in use for 50 years. This harmful pesticide is an endocrine disruptor that can turn male frogs into females at concentrations as low as 2.5 parts per billion. Atrazine causes cancer in laboratory mammals and developmental problems in fish. Atrazine is one of the most commonly detected pesticides in rainwater, groundwater and tapwater in the USA. Atrazine is used on corn, sugar, sorghum, yams, rice, christmas trees, and for lawn care.

Frogs and humans share half our DNA, so Atrazine can’t be good for humans either. That’s likely why the European Union banned the harmful pesticide in 2004. But the company that produces it, Syngenta (based in Switzerland!) has $11 billion in revenues, and has a huge lobby to keep Atrazine on the market in the USA. SAVE THE FROGS! needs your help to ensure Atrazine gets federally banned and out of production as soon as possible!

More here: http://bit.ly/2vhwOv0


More people gay?

Court of Appeals to Decide Boundaries of Fair Use in the Digital Age
ALM Media

The Copyright Act provides a fair use defense that permits an unauthorized use of a copyrighted work in certain circumstances. Following the Google Books case, which, according to the Second Circuit, “tests the boundaries of fair use,” Authors Guild v. Google, 804 F.3d 202, 206 (2d Cir. 2015), two cases pending at the U.S. Courts of Appeals for the Eleventh and Federal Circuits may further test these boundaries.

In Code Revision Commission v. Public.Resource.org, No. 17-11589, the Eleventh Circuit will decide whether Public Resource’s copying and distribution of the annotated version of the official state code of Georgia is a fair use. And in Oracle America v. Google, No. 17-1118, the Federal Circuit will decide whether Google’s use of portions of Oracle’s Java programming language in Google’s Android mobile operating system constitutes a fair use. We report here on these cases, providing guidance for practitioners.

The Federal Copyright Act

Section 107 of the Copyright Act states, “the fair use of a copyrighted work for purposes such as criticism, comment, news reporting, teaching scholarship, or research, is not an infringement of copyright.” 17 U.S.C. 107. The act provides four non-exclusive factors that courts may consider when deciding whether an accused use is fair:

(1) the purpose and character of the use, including whether such use is of 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.

(1) the purpose and character of the use, including whether such use is of 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 accused infringer bears the burden to prove that the factors, together, weigh in its favor.

As the legislative history of the act makes clear, the question of fair use is highly fact-specific. “Indeed, since the doctrine is an equitable rule of reason, no generally applicable definition is possible, and each case raising the question must be decided on its own facts.” S. Rep. No. 94-473, at 62 (1975).