Is Software Property, Or A Service? Is YOUR Computer Yours?

NOTICE THAT APPEARED IN A DREAM AFTER MY COMPUTER CRASHED FOR NO APPARENT REASON (other than my scrutinizing its processes) AGAIN:

1. The computer software, artwork and other components included in this version of product (collectively the "BRAIN") are the exclusive copyrighted property of GOD Inc. You must not (a) sell, rent, lease or sublicense all or any portion of the BRAIN; (b) modify or prepare derivative works of the BRAIN; (c) reverse engineer, decompile or disassemble the BRAIN; (d) publish serial numbers or serial number generation algorithms.

2. You are granted one user license to use the BRAIN for non-commercial purposes during 30 days trial period on one computer. After the expiration of the trial period, you must either uninstall BRAIN or purchase it.

3. The Software may be distributed freely if the distribution package is not modified and if you give a link to BRAIN home page. You must not bundle the BRAIN in any other distribution packages and take distribution fees without our agreement.

4 THE BRAIN IS DISTRIBUTED "AS IS". NO WARRANTY OF ANY KIND IS EXPRESSED OR IMPLIED. YOU USE THE BRAIN  AT YOUR OWN RISK. THE AUTHOR WILL NOT BE LIABLE FOR DATA LOSS, DAMAGES, LOSS OF PROFITS OR ANY OTHER KIND OF LOSS WHILE USING OR MISUSING THE BRAIN.

5. The installation and the usage of the BRAIN mean the acceptance of these terms and conditions of the license.

6. If you do not agree with the terms of this license you must stop the usage of the BRAIN and uninstall it. 


 WHY , AND HOW, CAN PRIVATE CITIZENS BE FORCED TO PURCHASE A PRODUCT OR SERVICE THAT INCLUDES ACCESSSES TO THEIR  PROPERTY AGAINST THEIR WILL AND WITHOUT THEIR KNOWLEDGE?  WHY DO SOFTWARE PROVIDERS BELIEVE THEY ARE ENTITLED TO CONTRAVENE THE 4TH AMENDMENT?  WHERE IS THE CPU OWNER'S RIGHT TO PRIVACY?  DO YOU FIND REFRIGERATOR  TECHNICIANS IN YOUR KITCHENS, UNINVITED AND UNNANNOUNCED,  ROOTING AROUND AMONGST YOUR EGGS AND JUICES AT 3:00AM ON THE PRESUPPOSITION THAT YOU HAVE BOOTLEG BEER IN THERE?  I'LL JUST HAVE ANOTHER SMALL CLAIMS CLASS ACTION SUIT TO PURSUE HERE I GUESS.  THAT'S 4 SO FAR THIS MONTH.  AT THIS RATE I'LL FIND ENOUGH OF THESE "KING GEORGE"LIKE 'STAMP ACT' ABROGATIONS OF ENGLISH COMMON LAW TO RIVAL MY OLD FRIEND WHO HAS MADE A LIVING SUING BUSINESSES THAT DON"T PROVIDE HIM, A DISABLED AMERICAN CITIZEN, WITH LEGAL ACCESS TO THEIR PUBLIC FACILITIES. SO BE IT>

- THE AUTHOR

The dirty little secret that "software developers" and I.P. engineers don't want bandied about is that they depend on the amount of unused bandwidth from people not totally utilizing their upload/download capabilities for free media access.  Some 'developers' use other people's capabilities to run businesses, place long distance phone calls, transfer files and send messages ALL WITHOUT THE KNOWLEDGE OR PERMISSION OF THE OWNERS OF THE COMPUTERS SO UTILIZED AND ACCESSED.  Even big media firms design their software so as to allow them to move data freely, ON OTHER PEOPLE'S NETWORKS AND COMPUTERS, and they hate "bandwidth hogs" - that is, anyone BESIDES THEM that uses most or all of the bandwidth they pay for.  Open your 'Task Manager' and watch all the 'threads' and 'handles' that flow through your CPU and try and convince yourself that it is all pertinent to YOUR computing -I assure you it isn't!  Check it out. Then call your Senator or Congressman and see if your privacy concerns outweigh all the donations politicians get from software firms. 

Check out press from Jondalf Thrasher/The Chumpmonks

Remember The 21st. Of December (For Bill And Ted)

This season, hight "Christmas" has rolled round once more
And we'd like to remind you, as you're shopping in stores,
That long 'fore Christ's religion co-opted this rite,
Down through thousands of years, allaying all fears:
The Winter Solstice a Pagan Holiday was, all day and all night!

Folks stayed up to celebrate, till dawn with their friends.
Making sure Sun would come back, again and again.
Through cold rain and snow, 'round fires all night long,
They sang songs and waited, misty breath unabated,
A vigil fair maintained, assuring naught would go wrong.

Thus we wish ye good fortune, good cheer and fine plight,
And we wish so, remembrance, of this night's true respite:
From the forces of Darkness, stagnation's requite.
And Enlightenment we evoke, from ignorance to invoke:
"Be excellent to each other!" and "Party down", it's your right!

The Inelegance Of Code For Profit, And Prophets Forced Into Code

"next to of course god america i
love you land of the pilgrims' and so forth oh
say can you see by the dawn's early my
country 'tis of centuries come and go
and are no more what of it we should worry
in every language even deafanddumb
thy sons acclaim your glorious name by gorry
by jingo by gee by gosh by gum
why talk of beauty what could be more beaut-
iful than these heroic happy dead
who rushed like lions to the roaring slaughter
they did not stop to think they died instead
then shall the voice of liberty be mute?"

He spoke.  And drank rapidly a glass of water     - ee cummings


"The Devil came from Kansas.  Where he went to I can't say.  If you really are my brother,
then you better start to pray." - Procol Harum, "The Devil Came From Kansas"


"Vapid, variegated and verisimilitudenous we vy,
plying the repetitive metaphor of mannerism
we move, through the sullied simile of being." - J Thrasher



So sometimes I wonder if it's just me, and if my initial 15 years experience with computers, using only Macs, has somehow spoiled my brain. I mean, I can still sense a hack in this PC I use now, I can generally find program incursions, things that insinuate their way into my CPU that are either supportive of me and my unique talents or programs/files/code that are designed to be destructive either to me or my computer systems. Of course then there's the stuff that is just there to track me (I will always be that "loose nuke" to some in various intelligence services, US and otherwise). The problem with my particular manifestation of electrokinesis is that my data is intuitional, not empirical. I never learned basic, or any language thereafter. Never needed programming skills with Macs, the elegance of a WYSIWYG GUI was quite amenable to psychic manipulation and perception; But I still don't like all the "default user" NTAuthority javascript backdoors into what SHOULD be MY hard drive, my Administrator Services, my proprietary original music
and written works.  Yet every week, there is some new intrusion into my property,  sanctioned by the inelegance of Windows, and the apparent belief on the part of software companies that private property doesn't exist if you use their services. And then I have to send a surge back along the trace, ask the Cherubim to do some "smiting" (it's for what they were built, and they do enjoy it);{>.

Why should I have to worry about whether some rabid fundamentalist is going to take
exception to my contention that no translation of the Bible is "inerrant" and place a script in my computer that entitles itself: $$$PROTO.HIV, and when I research it it looks like Mainland Chinese codework, used by the "God Hates F*gs" Kansas Church types of 'worshippers' who, unbeknowst to them, are actually getting their inspiration from an old aquaintance of mine. Having been an original Luciferian Rebel (as defined by the Urantia Book) myself, 250,000 years back, I was (and am still) friendly with many of the "Fallen", and the
"Neutral", and the remaining "Hosts". (Remember: Gnostic I. IHVH is the usurper, guilty of
Demiurgenic abuse). Anyway, check it out: at the next protest at a funeral by a church,
notice the overabundance of big, black flies that accompany the protestors. Not just because
they're Necromongers, but they are being manipulated by a Duke of "Hell", who is also the
"Lord Of Flies".  Fairly famous, name stats with "B"? someone else should have noticed by
now.

Or why do I have to use port monitor programs that tell me I'm always connected to an IP in
Germany, just because I tell the truth about the sociopaths the US imported to fight the
commies after WWII.  I made no blanket condemnation of any Nation in general, but there's
always someone to piss-off.  If I say that Osama made a trip to Dubai last week, still
clean-shaven, expensive western suit tailored to exacting standards, and has been living
quite comfortably (plastic-surgery notwithstanding) in Riyadh for years, with the blessings
of the Haliburton clan (remember: Osama's father and Prescott B went WAY back - look it up).
But then Osama DID help the CIA (who armed him in the first place to fight the Russians)
get the NSA's $20 dollar bill plates (lent to Iraq back when they were decimating Iran)   Sigh - just means someone will not have learned from the disappearences of all those former interlopers upon
my CPU.  Still, I insist that code written to make a quick buck (and keep competitors from
using it) will just end up being all too hackable.  Know what I mean? 

I had friends and connections that wrote code from the beginning (I actually
traded "BlueBoxes" on the Berkeley underground barter market economy for goods and services,
knowing someone who knew "Captain Crunch", one of the first anarchist hackers).  For those
who aren't familiar with the history of anticapitalist monkeywrenchingtech, the
first'BlueBoxes',attributed to the inventiveness of the good Captain, were hand held
gadgets with a recording of the tone that a quarter being deposited in a pay phone
made, telling the network phone switch that money had been tendered. A 'McLuhan plug nickle'
I called 'em.  Quite an ingenious invention, for the time, and no self-respecting late
'60s/early '70s Yippie or Weatherman would leave the pad without one.

Which brings me to a digression I have seen coming for some time, so bear with me, the
record really needs to be set straight, so listen up because the American people have been
lied to about this for decades:  To my knowledge, (and I knew a lot at the time)

NO ACT OF TERRORISM WAS EVER COMMITTED BY ANY MEMBER OF:
THE SO CALLED "WEATHER UNDERGROUND"; A.I.M.; THE S.D.S.; THE BLACK PANTHER PARTY, or any"revolutionary" organization associated with, and/or populated by the 'counterculture'.
PERIOD. END OF STORY.

I was there, I knew every "true believer", and I knew, we all knew:
THAT THE VIOLENCE, ACTS OF TERRORISM, AND ALL TREASONOUS ACTIONS ATTRIBUTED TO THE COUNTERCULTURE WERE PERPETRATED BY THE FBI, CIA, POLICE DEPTS., MILITARY BLACK OPS, AND/OR THEIR PAID STOOGES AND FRONT GROUPS! TO SWAY PUBLIC SYMPATHY.  PERIOD.

Case in point: the S.L.A.. A PAID FRONT GROUP FOR THE FBI!  I was living a half-block from
the apt. from which Patricia Hearst was kidnapped when this travesty occurred.  Within a
Hour of hearing the news on TV, I had made the rounds of my associates in Berkeley and
Oakland, dedicated anti-establishment representatives from all the hard-core groups, and
had learned that Cinque and company, who friends of mine knew quite well, were narcs,
Confidential Informants for various law enforcement agencies, and were NEVER considered to
be even sober enough to be considered "hippies" let alone '"revolutionaries". 

The revolutionary types I knew were ex-military Libertarians, one of whom had a 50mm
anti-tank gun and 500 rounds of ammo in his garage,in the suburbs.  Another guy had a
working WWII tank he'd assembled from surplus pieces in his basement in the Berkeley Hills. 
They were just waiting for a Government action in violation of the Posse Comitatus Act to
goad them into action.  Others I knew were just as convinced that the Kennedy Assasination
was a Coup D'eTat by the Military-Industrial Complex GENERAL IKE EISENHOWER HAD WARNED
ABOUT.  And, with the infiltration of the Intelligence Establishment by concentration camp
officers and scientists, all branches of the US Government were actively using American
Servicemen and civilians as unwitting guinea pigs; assassinating members of the Civil Rights
movement, duly formed legal militias and mutual-defense groups (The Black Panthers and
A.I.M. factor as those); you had people like George White, head of the OSS/CIA, bragging
about the prostitutes and drug addicts and hippies he and his organization had kidnapped,
raped, experimented on, tortured and killed. It certainly seemed to many civil libertarians
of the day some action needed to be taken, but almost everyone I knew, grokking the lesson
of Gandhi and King, along with the enlightened perspective that came with the transcendent
consciousness that Huxley, and James, and McLuhan and O'Brown and Marcuse and  had forseen
and prosyletized knew NO "revolution" worth supporting was going to be achieved through violent
means, not within the outmoded paradigm of power that was Goldwater's Amerika.

Every single instance of "terrorism" I have researched, laid at the feet of Anti-war,
Anti-draft or Anti-civil rights protestors, was actually planned, organized and funded by
the US Government, its agencies, or State/Local Law enforcement. EVERY ONE! No wonder the
SLA 'leaders' were killed, THEY COULD NOT BE LEFT ALIVE TO TELL THE TRUTH!
Thus, I have digressed, but I really had to address this longstanding idiocy and conspiracy
to protect the guilty still inhabiting their sinecures to this day.  Nevertheless, it does
explain some of the surreptitious hacking that has lost me hundreds of hours of my time,
destroyed, stolen, damaged or deleted numerous pieces of my original music and written
works. Some of the people responsible for these predations upon the American people are
still skulking in their old-boy networks and/or retirement communities, hoping against hope
that 'bread and circuses' and middle-class comforts will keep the public from ever caring
enough to listen to the voices crying for justice, and redress and an end to the politics of
obfuscation.

Anyone guilty of the destruction of historic documents, like all the tens of thousands of
MKULTRA pages destroyed by CIA Directors Stansfield Turner and Richard Helms, AND any
Political office holder, from President on down that either orders or condones such
destruction of records that protect murderers and torturers, sociopathic scientists and/or
military martinets, should be adjudged guilty of treason, and prosecuted as such. The
MKULTRA docs were destroyed so that the ruling class of America could not be held liable for
mass murder, lifelong psychological damage to thousands and the exposure of how little those
in power cared about the citizenry the were sworn to serve.

Right about now, I believe some former child-abusers, Nazi's and Black Ops apologists are
finding the very real effects of Angelic retribution to be signifigantly apparent, as will
all who have hindered my struggle to simply exercise free speech, and tell the truth as I
know it.  And remote-viewers can know a great deal.

Like, well, NEVER PUT YOUR GOOD STUFF INTO A COMPUTER THAT IS CONNECTED TO THE INTERNET.Hence, the chapters of my Memoir that were hacked and presumably stolen: my proposals only,a bunch of threads that go nowhere, but demonstrate my abilities as the finest neologist
since Joyce etc, etc. I have it all in hard copy. Now I just have to get MY "Monster" which,
in manuscript is twice the size of Spalding Grey's "Swimming To Cambodia". I'm leaning
towards a Clemens' type of format - dictating along with memories (mememnemonic encapsulated
in code). Then I'll have to collect the hundreds of hours of original music I've left safely
as tape with people that hardly remember they have it. The songs I shared so far were my
demos, I did think ahead you know.  Quantum computing using multiple Dalphebrains across
parallel reality matrix analogs gotta be good for something besides war against the Drachs. 
Just a matter of getting all the variables to line up and PLINKO!  Something good will occur
for us all. The loss of a great deal of my current work is just something to tally.


"And Ezra Pound and TS Eliot, fighting in the Captain's Tower
while calypso singers laugh at them, and fishermen throw flowers"- B Dylan, "Desolation Row"


Next up:  "Three Parallel Earths", implications of the upcoming nexus of
convergence/divergence of three 'bundled' sets of geometrically 'nested'
vectors of future probability.

Please see:

http://vimeo.com/12869645






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The Season Of Supposed Good Cheer

Well folks, once again, it's that time of year.
So let me tell you all a story, steeped, ages deep. in vainglory,
about this Season Of Supposed Good Cheer:

Long, long ago when this world was quite young
most people believed in religions that said man and nature were one.
One symbol of this synthesis was half animal and half man.
A totally harmless, flute playing sprite who reveled in life,
worshiping only the light, and all the folk called him - Pan.

Goat horned and hooved was he, a simple illustration, you see;
of the wide world in balance, nature and human life in close harmony.
But then a new religion arose, calling the innocent old faith perfidy
based on a concept of life as anthro(as opposed to eco)centricity.
With intolerance was it rife, as after its god it did hight - Christianity.

Therupon the folk of the heath were all told (and forced to say it was true)
that the old ways were wrong, that the new god was so strong.
That the god of the old faith, became the "devil" of the new!
Gross cruelty and persecution did then begin, and thereafter did ensue
the evil times "the Dark Ages" and more all should, to this very day, rue.

So for all the gentle souls who were tortured, or at the stake burned,
for believing in THEIR religion, for persevering about Nature to still care,
let us offer up a paean(or call it a 'prayer')to whatever god you dare:

That from theocentricity, hatred and bigotry be ALL religions turned
that no longer should anyone, because of their faith, have anything to fear!

Then this season might truly be, for all, one of Good Cheer!









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Naked Lunch Meets Mein Kampf

"The effect of the discovery of printing was evident in the savage religious wars of the sixteenth and seventeenth centuries. Application of power to communication industries hastened the consolidation of vernaculars, the rise of nationalism, revolution, and new outbreaks of savagery in the twentieth century." Harold Innes, - "Minerva's Owl"

"All sciences are now under the obligation to prepare the ground for the future task of the philosopher, which is to solve the problem of value, to determine the true hierarchy of values."
- Friedrich Nietzsche

"He caun ne'er be bothered but maun e'er be waked. If there is a future in every past that is present Quis est qui non novit quinnigan and Qui quae quot at Quinnigan's Quake! Stump! His producers are they not his consumers? Your exagmination round his factification for incamination of a warping process. Declaim!" - James Joyce, "Finnegan's Wake"


So, allow me to catch everyone up here. We're going to say it's 1943 (in thistimeline) and no coincidence that Albert Hoffman discovers LSD at the same time the AustrioHungaristocracy - German business leaders with companies that would eventually become American institutions (well documented, see - http://www.spiritone.com/~gdy52150/goldp3.html ) having already used their Nietzsche-enraptured prognosticative abilities to divine the fall of the House of Schicklgruber begin moving key personnel and assets out of the country.

The Reich was escaping already and the subsequent attempts at division of spoils by the victors, the Capitalists and the Communists were just for appearances. German business knew that, without the aid of the British (on which many German political and military leaders had counted) that lack of alliance evidenced by the rejection of Rudolph Hess in mid '41, Hitler had no real chance of sustaining an empire for more than 3 to 5 years. The lessons of WWI were not ignored by the pragmatic Prussian intelligensia, rather they used them to plan the continuance of their collective weltanschauung through connivance and Geschäftsmodelle "business models'.

The scientific discovery (prompted by forces most prefer to think of as "fate", but known to the cognoscenti as "engineered" - more on this later) of a psychoactive chemical becomes part of the dispersal of the Reich and its effects, and the movement of an autocratic mindset from a country with no "Magna Carta" to a social experiment born of the Enlightenment begins, propelled by a plan for the infiltration of a nascent greco-republican plutocratic world political system constructed from English common law by an oligarchy of racists dedicated to 'Rasse Ehrfurcht' hegemonic corporonational legacy businesses.

The plan is devised by 1942: The West, where "Capital" will buy ANYTHING (including escape from the prosecution of war crimes) is to be the new fatherland, given that most German social theorists think American capitalism will dominate world politics for a century at least. All that need be done is convince the American ruling classes that the threat of "godless communism" and it's voracious need for even the destitute Ozarkian hillbilly's "private property" can be parlayed into a suitably ferocious looking rhetorical "straw dog" for the frightening of Mr. & Mrs. John Q. Public.

Patton had been carefully preparing the American Military for the eventual eliding of Nazi criminal histories of SS officers in his role as highest Nazi 'mole' in the U.S. military and began "redacting" infamous Nazi's like Reinhard Heydrich who were supposedly assassinated when in fact they were being relocated and given new identities. Heydrich was the first highly visible officer Patton's relocation machine managed to get to England then the states (you heard it here first thanks to my "disembodied" consultants)but there were many more who's "deaths" were just covers for relocations routed through the states and then to enclaves, like Paraguay/Argentina, South Africa/Rhodesia, Australia/New Zealand prepared well in advance.

While all this was going on, FDR, feebler than any acknowledged world leader since the Visigoths broke all the noses off the staues of Rome, gets rid of Henry Wallace, a Wobbly from birth and the only man with the Woody Guthrie-like social vision and chutzpah prepared to fight the hordes of former Hitler Youth storming the citadel of Anglo-Saxon common-law Magna Carta blessed World intellectual amd moral supremacy and the rest is down the tubes of myopic-tailor-tunnel-vision Harry Truman's hatter-mad sinuses, ruined by radioactive treatments suggested by some of our new "Ubermensch" on their 'hexaphasic sleep schedule'
over at the World-GotterDammurunginating Manhatten Project.

Still,to this day I am amazed that no-one who read "Naked Lunch", by William Burroughs (who along with Jack Kerouac and Allan Ginsburg, to name a few, were being given new German synthesized drugs, and then paid to write "reports" to the former Obbergruppenfuhrers now runnng things at the OSS/CIA - "Naked Lunch" WAS BURROUGHS REPORT!)  Pity no-one in the government at the time picked it up, because underneath the ruse of drug addiction and terminal homosexuality was the most carefully crafted patriotic hatred and horrified description of the (now well accomplished) plans for the future downfall of democracy by the former-Third-Reich-child-rapist-sociopaths-now-US-Government-officials-and scientists one could ever care to stumble across, unredacted (solely due to Burrough's genius).  Too bad nobody noticed till the North Beach beatniks caught a whiff of Nietchze wafting across California's central valley with the atomic fallout from the "harmless" A-Bomb tests in desert beyond the pale of picket fences and "Better dead than Red".  

Afterword:

(Had to wait for one timeline to catch up to publish this, hence the weeks this lay dormant like the 3 "Gamma" alter personalities I can't wake from their decades slumber at the nadir of all my neuroses.  My friends have always thought I was wierd for eschewing cell phones, and always letting a machine answer my phone calls, but read some (not many left now) of the other MKULTRA survivors descriptions of their Gammas.  A Mark David Chapman or a Sirhan-Sirhan I hope to never be, you see.)

I don't believe I've ever shared the fact that the timeline into which I was born is no longer capable of supporting life on the Earth. One of the 10% to 12% of those unfortunate parallel Earths that were destroyed in the Cuban-American Holocaust that was so close to being a tipping point in the Hundred Thousand Year War against the Drach's across so many contiguous Earth analogs. I was able to shift away before my constant precognitive childhood visions came to pass. Still, there were a good 3 dozen or so borderline vectorsum reality matrices where the Sci-Fi colored dreams of my later youth, where I survived with a few unfortunate souls in a devastated but not completely "nuclear-winterized" world eked out a meager existence till most were recruited by 'world-hunters' to pioneer better expressions of the cold war elsewhere, mostly in the plague decimated slower timelines.

I have skated across more that one thousand different analogs since '68(113 where I spent more than a week) most of those after my discovery of our (my personal analogs's) little guerilla movement part of the much bigger war. After that it became easier to move about, and I knew that someone (some ME somewhen) had my back. Right now we can consciously reach through 454 analogs, evenly distributed around whichever one has been designated "prime", for our purposes (the "prime" Roger Zelazny, the Sci-Fi author on countless Earths, ultimate cadre-builder/'reality matrix analog theoretician'/Gaia's Guerilla's warrior-teacher always called "Amber").

I have seen quite a few iterations of the same story varying in detail from world to world. This one is similar to most. The same struggles seen to pervade our history in this timeline are apparent in most of the "English Speaking New World Settlement" models in which I have come to specialize. The Nazi's, aided by a small group of "little grays" and Drach's (reptilian timeline travelers) knew that almost all predictions by "vaticination" and forays by their saurian ally's to timelines running faster than those of our amalgam of analogs (and by my faction's diligent interventions over thousands of years) led to the fall of the Third Riech. Human nature, left to itself (our reptilian temporal enemy's attempts at cultural control notwithstanding). More on how this bears on the story of the Third Reich's well planned Post WWII infiltration of world, and American politics and culture in upcoming chapters.

History is porous to the point of almost becoming transparent at times. Once the ability to shift from one timeline to another is accepted, and a plan based on long range Nostradamuslike, (he was ours, the best purveyor of future misinformation of all time) prognostications and actions spread over hundreds of analogs and hundreds of thousands of years, one can take advantage of the fact that some timelines run faster or slower than others. Also, many minor modifications can be made through intervention to models far from "primium mobile" and their results studied to be used as application scenarios for either "redactive false actions" to sully the timestreams or actual applications of demographic leverage aimed at producing a 'real' effect somewhere, somewhen.

"David" Collects Ammo For Battle With "Goliath"

Pertinent Laws and court rulings for R.O.I.O.
 [Be advised that much of this material is from pertinent Wikipedia files, and other than my fair use in illustrating my case (permission pending) all material is from their site. Links to the 3 articles drawn from are at the end of this post.]

(NOTE: The co-option of MY copyrighted musical works, by iTunes, Apple, Microsoft and Windows Media, and these entities assumption of legal basis for having done, and doing so, evidenced by the lack of licence exception for personally produced independent intellectual property,is a separate Class Action, with a MUCH more easily defined set of illegal infringements upon Independent Artists by the aforementioned media concerns.  It will be addressed forthwith.)

The Berne Convention for the Protection of Literary and Artistic Works has protected the copyrights on literary, scientific, and artistic works since 1886. Article 9 of the Convention states that: Authors of literary and artistic works protected by this Convention shall have the exclusive right of authorizing the reproduction of these works, in any manner or form. [...] Any sound or visual recording shall be considered as a reproduction for the purposes of this Convention.[7]

Under the Berne Convention, when a composer puts a new song in a "fixed form," for example sheet music or an audio recording, copyright law grants them the exclusive right to control who may perform that song (called performing rights) as well as control over how any derivative work is used, such as a recording of a performance of that song. These rights are retained for at least 50 years after the composer's death (typically longer). In some cases, if the song being performed is in the public domain or is free content and is performed faithfully, no copyright is violated by recording it; however such a recording may still violate performers rights, a type of neighboring right that is recognized in many nations. Where they exist, performers rights may have a shorter duration than full copyright; for example, the Rome Convention sets a minimum term of twenty years after the performance.

Most artists have made little effort to pursue legal action about bootleg recordings, viewing such "rarities trading" as harmless provided that it is not being done for profit. The benefits of interfering with such trading are fairly minimal compared to the potential ill-will generated against the artist, as the illicit works are generally circulated among the artist's most loyal fans, which have the most interest. Most record companies also have not shown an interest in pursuing or prosecuting small-scale bootleggers, but this could change at any time.

In 2004 U.S. District Judge Harold Baer Jr. struck down a 1994 law banning the sale of bootleg recordings of live music, ruling that the law unfairly grants a seemingly perpetual copyright period to the original performances.[10] He dismissed a federal indictment of Jean Martignon, who was running a Manhattan mail-order and Internet business that sells bootleg recordings. The Recording Industry Association of America disagreed with the ruling, saying the decision "stands in marked contrast to existing law and prior decisions that have determined that Congress was well within its constitutional authority to adopt legislation that prevented trafficking in copies of unauthorized recordings of live performances", according to spokesman Jonathan Lamy.[11] In 2007, Judge Baer's ruling was overruled, and the United States Court of Appeals for the Second Circuit found that the anti-bootlegging statute was within the power of congress. 492 F. 3d 140
Fair Use Defense:

Turning to the question of fair use, the Circuit court agreed with the district court's "general analysis of Napster system uses" as well as with its analysis of the three "alleged fair uses identified by Napster" -- which were "sampling, where users make temporary copies of a work before purchasing; space-shifting, where users access a sound recording through the Napster system that they already own in audio CD format; and permissive distribution of recordings by both new and established artists."

The court first considered four factors on an abstract level of the system itself; of which #3 is salient, on point and now constitutes legal precedent and accepted case law:

3) They considered the potential that in some cases, wholesale copying of a work may be protected, noting time-shifting as an example.

The court then turned to the three uses Napster identified as fair use in the conduct of its users; of which, #s 2 & 3 are salient, on point and now constitute legal precedent and accepted case law:

2)  space-shifting, where users access a sound recording through the Napster system that they already own in audio CD format; here the District Court found that neither of the shifting analyses used in the Sony or RIAA v. Diamond Multimedia[9] cases applied in this case because the "shifting" in neither case included or enabled distribution. The space-shifting argument did not succeed because, while the shift to a digital format may have been a personal storage use, it was accompanied by making the file available to the rest of the system's users.

[NOTE: Such is NOT THE CASE IN THIS CASE, because in adhering to the legally accepted conditions of R.O.I.O. acquisition, as decided in this and "Sony or R.I.A.A v. Diamond Media", for the private users of "DimeADozen" aka: "EZTorrent"; "shifting" of R.O.I.O was allowed by the artists, who had absolute authority to ban any R.O.I.O. of any and/or all of their performances, ever, which policy was then rigorously adhered to by the Administration and "Moderators" of said site, including the prohibition of posting any incidence of a specific recording of a specific performance from a specific source, independent or not, that had EVER been commercially released in production quantities, bootlegged or not.

The digital file quality of the music comprising the only allowed format for tracking, "lossless" (.wav, .shn, .flac, .APE,.aiff etc) so completely demonstrated the recordings origins, through digitally irrefutable waveform analyses (even generations of cassette tape to cassette tape transfers were identifiable) that no recordings of any "for sale" files were allowed to be tracked, or accessed by users. Scrupulous records were kept, and vast databases of 'released' material maintained to guarantee the legality of both the site, and it's user's utilization thereof.]

[It might also be noted that most of the users were audiophiles who preferred the non-compressed audio quality of "lossless" recordings to the "tinny" timbre and 'lifeless' ambience of commercial (MP3) recordings, which comprised only 1/10 (10%) the audio data of the original recordings, the aforementioned (.wav etc.) 'lossless' digital (or analog) recordings.  Many of these recordings were from the musicians themselves, who agreed that archiving historically important recordings whose media (magnetic tape) had degraded beyond any sound recall, amongst aficionados who could not even fit 2 or 3 lossless CDs into an iPod (as opposed to hundreds of the 'junk' MP3 music files - the better to create profits for recording companies) constituted a type of digital "seedbank" as it were, of some of the most important music of the 20th Century.]

3)  permissive distribution of recordings by both new and established artists who have authorized their music to be disseminated in the Napster system, which the District Court ruled was not an infringing use and could continue, along with chat rooms and other non-distributory features of Napster.

By contrast, the court found that the owners of Napster could control the infringing behavior of users, and therefore had a duty to do so. (As IS BEING DONE ON DimeADozen) The Ninth Circuit affirmed this analysis, finding that the plaintiffs were likely to succeed in proving that Napster did not have a valid fair use defense.

Contributory Infringement
In order to prove contributory infringement, a plaintiff must show that a defendant had knowledge of infringement (here, that Napster knew that its users were distributing copyrighted content without permission across its network) and that defendant supplied material support to that infringement.

Knowledge.   The District Court ruled that the "law does not require knowledge of 'specific acts of infringement'"[1] and rejected Napster's assertion that, because they could not distinguish between infringing and non-infringing files, they did not have knowledge of copyright infringement. The Ninth Circuit upheld this analysis, accepting that Napster had "knowledge, both actual and constructive, of direct infringement."

(As noted above, every .torrent and every audio file submitted for tracking on "Dime" is subject to digital scrutiny far stricter than even Treasury counterfeit inspections - fake money spends the same, but no member of the Dime" community" would stoop to even lend an ear to the 'mass market' soundbytes that pass for commercial music these days, and that's a fact!)

Additionally (pursuant to slight differences between the lower court's & the Ninth Circuit's Appeal ruling): 
Unlike Judge Patel, the Ninth Circuit accepted that "Religious Technology Center v. Netcom" might be relevant. Based on that case:

"We agree that if a computer system operator learns of specific infringing material available on his system and fails to purge such material from the system, the operator knows of and contributes to direct infringement. ... Conversely, absent any specific information which identifies infringing activity, a computer system operator cannot be liable for contributory infringement merely because the structure of the system allows for the exchange of copyrighted material."

The "Vicarious Infringement" claims are inapplicable to Dime, because it is solely vonuntary donation supported.

Oddly:

In its defense against the injunction, Napster also cited the Audio Home Recording Act (17 U.S.C. §§ 1001-10).[10] and the Digital Millennium Copyright Act's safe harbor clause (17 U.S.C. § 512).[11] The Ninth Circuit agreed with the District Court's finding that downloading MP3 files is not covered by the Audio Home Recording Act. The Ninth Circuit disagreed slightly with the District Court on the safe harbor issue, however, finding that the contributory infringement does not necessarily exclude a party from safe harbor protection. The court held that the safe harbor issue would be explored further at trial.[1]
(NOTE: lossless digital recordings of "tape" sources, ARE COVERED BY THE ACT, and legal for home use!)

Criticism and Impact
Among a number of amicus briefs filed on behalf of both sides of the dispute, one particularly critical brief filed by a consortium of eighteen copyright law professors at United States universities argued that the District Court misread Sony and took too narrow a view of fair use. They wrote:

"Napster is the best-known example of a new technology deploying what has come to be called peer-to-peer networking, a system in which individuals can search for and share files that reside on the hard drives of other personal computers connected to the Internet. Peer-to-peer file sharing allows individuals to bypass central providers of content and to find and exchange material with one another. The decentralized model of peer-to-peer networking poses a significant challenge to sectors of the entertainment and information businesses that follow a model of centralized control over content distribution. However, this is not the sort of challenge that copyright law is designed to redress. The district court’s ruling would ban a new technology in order to protect existing business models, and would invoke copyright to stifle innovation, not to promote it.[12]"

The professors further argued that the overbroad nature of the injunction threatened the development and deployment of any future peer-to-peer file-sharing network on the Internet because it insisted on a restructuring that defeated peer-to-peer technology itself. They also argued that the finding of contributory liability was erroneous because of Napster's significant non-infringing uses and because not all unauthorized uses within the system were infringement. They concluded, " If Plaintiffs want copyright law extended to allow the suppression of new technologies, they must make their case to Congress."[12]

I fully intend to distribute copies of this precis (with the permission of WikiPedia, of which I am a member) to all these Professors in furtherence of my Class Action suit.

DimeTOS:Bootleg Sellers
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DIME has a zero-tolerance policy against the sale of bootlegs. Collecting revenue for the works of performers without proper compensation to them is unethical and impardonable.
Users lose access to the tracker if they are found to be engaged, involved, or cooperating in the sale of bootlegs, whether or not any of their offerings can be traced to DIME torrents. Any donations they had made are forfeited.

Dubitable cases will be resolved ex cathedra by DIME management. Use of DIME is neither a civil right nor a necessity to life, and management reserves the right to refuse access to anyone for any reason at its sole discretion.

Wikilinks to sources of materiel used:

http://en.wikipedia.org/wiki/A%26M_Records,_Inc._v._Napster,_Inc.
http://wiki.dimeadozen.org/index.php/DimeTOS:Bootleg_Sellers
http://en.wikipedia.org/wiki/ROIO