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Jul 21, 2006

Focus:Civil Rights
Action Request:Petition
Location:United States
What happened to 'Our' Constitutional Rights? 

 
 
http://www.thepetitionsite.com/takeaction/264941759 

("What happened to this Amendment to the Constitution? Why don't I have my 'Rights'?

["Amendment XIV
1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."]

Equal Protection? Where? Justice? I don't see it!!!

To Support my Rights and those of the people that the 'Statute of Limitations' affects,  my Petition.")
Have a great evening/week.
http://www.thepetitionsite.com/takeaction/264941759 

(" This is what I have a problem with: 

["Taken from the Department of Justice - Criminal Prosecutions of Copyright Infringement"]
[" E.     STATUTE OF LIMITATIONS

It is important to note that copyright violations have only a three-year statute of limitations. 17 U.S.C. § 507(a) ("[n]o criminal proceedings shall be maintained under the provisions of this title unless it is commenced within three years after the cause of action arose."). See United States v. Shabazz, 724 F.2d 1536, 1540 (11th Cir. 1984) ("In copyright infringement actions, the period of limitation begins on the date of the last infringing act. . . . The trial record reflects the unauthorized duplication of legitimate copyrighted tapes in the same year of the indictment, thereby satisfying the three year Statute of Limitations.") (citations omitted). Although cases brought under Title 18 generally have a five-year statute of limitations, 18 U.S.C. § 3282, prosecutions under 18 U.S.C. § 2319 are subject to the three-year statute of limitations because the underlying prohibition is set out in 17 U.S.C. § 506. "]

This is the link in my Petition. They took out the part about the "the last infringing act...." in 2003. The new law only cites "arose."

The first link on 'Civil' Remedies states 'accrued.' these words both have the same meaning. The clock starts when the 'Intellectual Property' is stolen."]

It applies to 'New, Original Works' that are stolen.")

(["Corporations are NOT 'The Greater Good.' "]

Partially Copied from the group, 'Prepare to Unlock Reality.' 'Copied in it's entirety from the 'Petition Site.'

Will we be Homeless? Please help us get paid for our work! "])

1. Get Rid of the 3-Year 'Statute of Limitations' on Copyrights!

http://www.thepetitionsite.com/takeaction/264941759 


Thank you. Replies Greatly appreciated!!!
Respectfully and sincerely, Darlene  
Visibility: Everyone
Posted: Friday July 21, 2006, 2:39 pm
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Stuart Hamilton (68)
Friday July 21, 2006, 3:03 pm
I feel your pain, I truly do, but the statute of limitations is important in many respects. Without a statute of limitations an 80 year old man can be prosecuted for a crime he committed when he was 16. Certain offenses do indeed have no statute of limitations, but these offenses are classified as Mala in Se, and are index crimes.

Copyright infringment is not mala in se, it is mala prohibita. The only reason copyright infringement is illegal is because the law says it is illegal. Copyright infringment does not carry with it the same weight as crimes classified as mala in se, and therefore cannot be expected to be pursued after a given period of time.

Without a statute of limitations on copyright infringement you would have lawsuits opened against defendents where no substantive evidence can be brought to court. Since the defendent is innocent until proven guilty such lawsuits would have to almost always end in the defendant's favor. These lawsuits would be frivelous, and would cost the judicial system billions of dollars.

Furthermore, without a statute of limitations on copyright infringments there would be a rash of false accusations, in addition to many cases which would be impossible to prosecute.

As an artist you are required to keep tabs on your work. The law gives you three years to bring suit against someone violating your copyright, and that's ample time. It is your job to ensure your work is safe, and if its not safe its your job to speak up.

Did you know that in all states there is a statute of limitations on land ownership? If a squatter makes his home on your property you have a limited amount of time in order bring suit. If you fail to file suit against the squatter within that time the law says you have relenquished all rights to that property, and the squatter's claim becomes legitimized... and he then owns his claim.

You cited the following:

"No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

A statute of limitations does not violate this. Plain and simple. "Due process of law" is a very, VERY broad expression. Within that three year limit you have been given your due process according to the letter of the law.

Electra Cy (1005)
Friday July 21, 2006, 7:48 pm
As you should see from the following, I have taken into consideration "Frivolous Lawsuits" with the wording at the beginning of my Petition.
The 'Statute' I am referring to has Nothing to do with ANY other 'Law' or 'Statute.'
Your work is also not safe if you send it out for review. I have evidence proving this!!!
The 'Essence' of the 'Constitution of The United States' was to protect 'the common people.'
'Squaters Rights' has nothing to do with my Petition at all. Why change the subject?
Due Process would be handled properly with an Investigation. Instead, "no Criminal Action Can be filed" without 'Civil' Litigation taking place first. If you cannot afford an Attorney, you are screwed! I have no money, but one Attorney asked me for $200,000 to Represent me and my 'Cause of Action.' Legal Aid handles almost all 'Domestic' Disputes, and 'Criminal' Law.
If you have evidence that a Crime was committed, there should be an Investigation! 'Intellectual Property Theft' is supposedly a Felony, but it is unprosecutable as such unless you can afford an Attorney, and they do not have a 'Conflict of Interest' in Representing you.
Our U.S. Government stated that IP Theft helps to fund 'Terrorism.' I do not wish for this theft to continue..!
Here's the intro I was telling you about that should take care of "Frivolous Lawsuits."

("Petition to Strike the Three Year 'Statute Of
Limitations' of Title 17, Section 506(a) of the United
States Copyright Laws and establish a fund for the
collaboration of a committee of Copyright Litigators
to defend the 'collective rights' of United States
citizens who cannot afford Representation on their
own, as long as 2/3rds of the criteria for such
litigation is met, not including willful and reverting
back to the 'United States Constitution' and the 'Bill
of Rights'.

The 3 year Statute of Limitations is Contradictory to
the established laws as outlined in the Constitution,
Bill of Rights, and the Copyright laws, respectively.

CITATION 1 - The Constitution of the United States

Powers Granted to Congress, ( as applies )

The Congress shall have power:

Article I, Section 8(8) To Promote the progress of
Science and useful Arts by securing for limited times
to Authors and inventors the exclusive right to their
respective writings and discoveries.

ARTICLE III; The Judicial Branch ( as applies )

SECTION 2(1) The judicial power shall extend to all
cases, in law and equity, under this Constitution, the
laws of the United States, and treaties made, or which
shall be made, under their authority; ... to
controversies between citizens of different States,
etc.

NOTE: Equity as defined in the Merriam-Webster
Dictionary;

1a. justice according to natural law or right;
specifically: freedom from bias or favoritism.")

[Credit to Stuart Hamilton. Thank you for your reply and have a Great Weekend.
Also, Myself, Department of Justice, Thomas Law,The Constitution of The United States of America, The Bill of Rights, and Merriam-Websters Dictionary Online.]
Thanks again for your reply.
Respectfully and sincerely, Darlene

Electra Cy (1005)
Saturday July 22, 2006, 5:39 pm
By the way 'Squatters Rights' are generally 7 years. So how is it that Copyright is only 3. Also, if you give someone permission to stay on your property their 'Squatters Rights' are 'Null and Void.'
I seriously doubt that anyone would retain evidence of an Infringement of Copyright for 64 years in hopes of Prosecuting.
I find it rather amusing to think that a Squatter would have more Rights than the holder of a Legitimate Copyright holder.
Have a great day!
Respectfully and sincerely, Darlene

Author

Electra Cy
female, age 114, committed relationship
AA, USA
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