Man filmed his partner’s labor, then sued TV companies that picked up the video.
A father who live-streamed his son’s birth on Facebook and proceeded to sue for copyright infringement several media outlets that used the clips has lost his case.
US District Judge Lewis Kaplan ruled yesterday that the lawsuit filed by Kali Kanongataa must be thrown out, after the American Broadcasting Company and other defendants filed motions arguing that their use of the clips was covered by “fair use.”
Kaplan’s reasoning wasn’t included in his written order. Minutes from yesterday’s court hearing aren’t yet available. But ABC’s argument in favor of fair use is on the public record, and Kaplan presumably accepted some or all of that argument.
Kanongataa started broadcasting his wife giving birth on Facebook in May 2016, intending to share it with family and friends. According to news reports, he realized it was actually streaming publicly after about half an hour, but he decided to leave it that way. That led to about 120,000 people worldwide watching his partner, Sarah Dome, deliver their child.
In September, Kanongataa filed suit (PDF) against ABC and Yahoo for showing portions of his video on Good Morning America as well as the ABC news website and a Yahoo site that hosts ABC content. He also sued COED Media Group and iHeartMedia. In October, he sued magazine publisher Rodale over a clip and screenshot used on the website for its magazine Women’s Health. Last month, he sued Cox Communications.
In November, ABC lawyers filed a motion (PDF) calling their client’s use of the Kanongataa clip a “textbook example of fair use.” ABC used 22 seconds of a 45 minute video in order to produce a news story that would “enable viewers to understand and form an opinion about the couple’s actions.” The motion continues:
Where pictures or videotapes themselves are the focus of a major news story, news reporters may make brief use of selected footage to explain to the public what the story is about.
If the Copyright Act did not permit ABC to engage in this type of use, it would substantially inhibit important First Amendment activities by enabling copyright holders to exercise control over the public’s ability to understand news events. The Copyright Act specifically avoids this outcome.
Fair use of copyrighted works is permitted for news reporting, and ABC argues that the use of Facebook Live to broadcast a birth was a “socially significant phenomenon.” That’s backed up by Kanongataa himself, who said he thought it was the first time Facebook Live had been used to broadcast a birth, ABC lawyers note.
The ABC clip is clearly social commentary, because it treats the filming itself as newsworthy, not the underlying event, the brief states.
Judge Kaplan’s order shuts down Kanongataa’s lawsuit against ABC, NBC, Yahoo, and COED Media Group. A lawsuit against CBS and Microsoft was dropped in November, possibly due to a settlement. The case against Rodale is still pending and is also being overseen by Judge Kaplan. Kanongataa’s lawsuit against Cox was filed in a different district and remains pending in the Eastern District of New York.
A lawyer for Kanongataa didn’t respond to a request for comment about the order.
Kanongataa and Dome spoke to the TV show Inside Edition for a report that came out shortly after the birth. During that segment, they explained that just a day after Dome gave birth, Child Protective Services took the baby into custody. Someone from a past relationship had recognized Kanongataa on Facebook and reported to CPS that he had domestic violence allegations against him. Kanongataa denies those allegations.
“They came in and took our baby,” Dome said on the program. “I only spent one night with him.”
- In March, a Chicago man was shot in his home.
- In June, a 28-year-old Chicago man captured his own murder.
- In June, an ISIS terrorist killed a Parisian police officer and his wife and then threatened their terrified three-year-old.
- In July, a shooting spree against three men hanging out in their car in Norfolk, Virginia, which left one of the victims critically injured.
- In July, a woman in Minnesota captured her finance’s death when he was shot dead by police.
Does Facebook want to read your THOUGHTS? Secretive division may be developing a mind-reading device
Facebook wants to know your deepest, darkest thoughts.
In April, the site revealed the existence of a new division, known only as ‘Building 8’ which is dedicated to creating ground-breaking products at the intersection of hardware, software, and content.
And a new job advert posting suggests that the mysterious division could be working on mind-reading technology.
Mark Zuckerberg has previously made his ambitions to create a telepathy system very clear, calling it the ‘ultimate communication technology’
Facebook posted the adverts on its job site, which can be accessed by the public.
One advert is for a ‘brain-computer interface engineer’ to work on a ‘2-year B8 project focused on developing advanced BCI technologies.’
Details on what the job will involve are limited, but the advert adds that one of the key responsibilities will be applying ‘machine learning methods, including encoding and decoding models, to neuroimaging and electrophysiological data.’
The second advert is for a ‘neural imaging engineer’ who will be responsible for ‘a project focused on developing novel non-invasive neuroimaging technologies.’
Both jobs are based at the Menlo Park site in California.
These limited descriptions suggest that Building 8 might be working on monitoring how brain activity changes when looking at pictures or videos.
Mark Zuckerberg has previously made his ambitions to create a telepathy system very clear, calling it the ‘ultimate communication technology.’
He said: ‘One day, I believe we’ll be able to send full rich thoughts to each other directly using technology.
‘You’ll just be able to think of something and your friends will immediately be able to experience it too, if you’d like.
‘This would be the ultimate communication technology.’
Zuckerberg to dictate “reality”
Facebook has launched its so-called ‘Journalism Project’ as a way for the social media giant to further bolster its position as a news media organization and promote what it determines to be real news.
Part of the project would focus on “improving its storytelling formats such as Live, 360, and Instant Articles,” Facebook stated Wednesday.
“We want to work with publishers to build products that enable them to tell better stories, connect with their audiences in richer ways and support emerging business models for publishers,” Facebook VP of global operations and media partnerships Justin Osofsky said.
Facebook also said that it would begin working with third-party organizations like left-leaning Snopes.com to “promote news literacy” and to “flag” what it deems to be fake news to help users discern what’s trustworthy and what’s not, effectively making the decision for its users.
In other words, Facebook said it will be the decider and arbiter of truth and reality.
“To combat fake news, Facebook has partnered with a shortlist of media organizations, including Snopes and ABC News, that are part of an international fact-checking network led by Poynter, a nonprofit school for journalism located in St. Petersburg, Florida,” reported Business Insider last month.
In light of Buzzfeed and CNN’s recent epic failure publishing a hoax report from 4chan about President-elect Trump being compromised by Russia, Facebook’s credibility is also on the line because it widely disseminated that fake story in its news feed, prompting the company’s fact-checker Poytner to save face by condemning the “irresponsible” publication.
“Publishing an entirely unvetted document is a significant departure from the way editors of most significant publications would define the role of reporting,” they wrote.
As we’ve reported, mainstream media and Facebook are scrambling to remain relevant after losing all credibility attacking Trump leading up to the election, and are doubling down in their attempts to invert reality to serve their fake narrative.
Some things must be seen to be believed.
What you’re about to see cannot only not be “unseen,” but is also, sadly, all too easy to believe.
It’s clear and believable, but also totally unacceptable to the reigning liberal narrative. According to that narrative, non-whites can’t be racist, violence against white people can’t be called hate crimes, and the only justice white Americans are entitled to engage in is paying reparations.
This is why certain “inconvenient realities” must be suppressed. If they are allowed to spread, they will undermine the reigning liberal narrative.
Delete, suppress, deny–this is how the Reigning Liberal Narrative survives.
A young African American woman streamed a video live on Facebook showing at least four people holding a young white man hostage.
Police told WFLD-TV they became aware of the video Wednesday afternoon and the incident occurred Tuesday.
The group appearing to hold the man hostage are black, while the victim is white, but police say they have not yet determined if the case will be investigated as a hate crime.
Hate crime? In 2017? By non-whites? Against a white male?
I mean, to say half a dozen black youths kidnapping and torturing a young white man for at least half an hour is a hate crime, the police would need concrete evidence of politically motivated, racially biased violence–
In the video, one of the attackers can be heard yelling, “f*ck Donald Trump n*gger, f*ck white people, boy.”
So much for Reigning Liberal Narrative!
We have concrete video evidence that non-whites ganged up on a white male and publicly announced their hatred for pro-Trump Americans and all white people. But, hey, let’s not jump to the conlcusion that the nightmare spectacle was a “hate crime”!
The Narrative must stand.
But there’s more.
The victim wasn’t just white and conservative.
Police told WBBM-TV the victim has special needs and was a high-risk missing person from northwest suburban Crystal Lake.
Commander Kevin Duffin, who leads the detectives investigating the incident, said three of the suspects are Chicago residents and the fourth is from Carpentersville, Illinois.
Duffin said the victim is “an acquaintance” of one of the people in custody, and they “met in the suburbs, the subjects then stole a van out in the suburbs and drove him into Chicago.” He knew one of the subjects from high school, police said.
Many would be inclined to say this is just a “random” assault by some bored idiots. In fact though, this is just one more braid in the rope by which the Reigning Liberal Narrative must hang until its last gasp and shudder signal its passing.
This astonishing display of barbarity in America is believable and non-random because it’s actually happened before.
As I reported on November 9:
It’s a short video, but extremely disturbing.
Viewer Discretion Advised:
And then there’s what happened in Hollywood at the end of October 2016.
She’s spewing hate by expressing her opinions in public–let’s destroy her belongings and beat her up!” #LiberalLogic
And now we come full-circle to Chicago, Barack Obama’s political stomping grounds.
Needless to say, the livestreamed footage is “Not Safe For Work.” Curse words, threats, violent imagery, drug use, and, yes, deranged torture of a helpless young white man in the corner.
Viewer Discretion Advised:
“Fuck Donald Trump! Fuck white people!”
“This jihad yo.”
“Let’s free him so we can smoke his ass.”
“Why y’all watching but ain’t commentin’ and shit?”
“This bitch represent Donald Trump! He deserve dis shit!”
“We fi’in to put dis mu’fuckas in da trunk and put a … brick on da gas and … [incoherent howling]. Just watch the Chicago news!”
“Niggas be drunk as shit, don’t even…”
“His ass deserve this. He from Europe… He a bug!”
“You talk about ‘put ‘im out his misery,’ aaahhhh-haha… naw, we can’t do dat on [Facebook] Live.”
Then they lift the bound and bloodied man up by a rope they tied around his neck as he groans in pain. They order him to say, “Fuck Donald Trump,” threatening to smack his face again if he doesn’t. Through his gagged, taped mouth, the man mumbles, “Fuck Donald Trump.”
Then his attacker holding him by the neck tells the man to “move yo’ hands so I can kick you, MOVE YO’ HANDS!”
“Goofy-ass white man… Ahhhhh! His bitch-ass CRYIN’!
I just wanna WIIIND UP and BEAT dis nigga.
“There’s gon’ be a MURRRRDER! The wait is almost over!”
“I’ll torture the fuck outta you, nigga!”
In between these amazing displays of non-racism by non-whites, the non-white-and-therefore-non-racist torturers discuss their favorite rap groups, chips they like to eat, shoutouts they be givin’ to they homies on da street, other ways to torment whitey, and so on.
All a day’s work in a world where “Black Lives Matter Most.”
A friend of mine hit the nail on the head:
“You know those fake hate crimes reported against Trump supporters? Well, here’s an actual ‘hate crime’, racially inspired against a Trump supporter, but I have a feeling Kermit [i.e., Obama] won’t have anything to say about it.”
Set your timers for how long it takes the mainstream media to blame this incident on “Trump’s divisive rhetoric,” or on white people in general (assuming the MSM will even mention this at all). While that timer is running, start another one to measure how fast this story gets wiped from the news cycle now that it’s breaking.