[For better results copies of this Petition with the signature total will also be sent to U. S. Newspapers , and any other Governmental or non-Governmental Entity that I believe may be instrumental to changing this Law.]
ANTI-PLAGIARISM 'BILL' - Vote For Honesty and Trust..!
Our 'Protected Rights' are supposed to be for 70 years after our death, they have drastically reduced this to a mere 3 years, and that's only if we catch someone stealing our writings, art, etc..., in time to file a Lawsuit. The STATUTE of LIMITATIONS has no place in our society as it promotes Infringement/Theft, and proves that our Laws don't work for US.
Please help to restore our Copyright Protections to allow us to Sue in our lifetime and, Protecting our Rights for:"70 years past Death, not 3 years past theft"
We the undersigned agree to the following, and Petition for Judicial Review and Redress of Grievances; and Petition to Strike The Three Year Statute of Limitations and Establish a Committee of Copyright Litigators to Defend the Intellectual Property Rights of The Common People
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.
2a: a system of law originating in the English chancery and comprising a settled and formal body of legal and procedural rules and doctrines that supplement, aid, or override common and Statute law and are designed to protect rights and enforce duties fixed by substantive law. b. trial or remedial justice under or by the rules and doctrines of equity. c: a body of legal doctrines and rules developed to enlarge, supplement, or override a narrow rigid system of law.
3a: a right, claim, or interest existing or valid in equity. b: the money value of a property or of an interest in a property in excess of claims against it. c: a risk interest or ownership right in property. d: ( does not apply. )
ARTICLE VI: SECTION 1(2);
This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any state to the contrary notwithstanding.
SECTION 1(3);
The Senators and representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of several states, shall be bound by oath or affirmation, to support this Constitution; ( but no religious etc...., does not apply. )
CITATION 2; - The Bill of Rights, ( as applies )
Amendment 1: Freedom of religion, speech, and the press; rights of assembly and petition
Congress shall make no law respecting an establishment of religion, or prohibit the free exercise thereof; or abridging the freedom of speech, or of the press; right of the people to peaceably assemble, and to petition the government for redress of grievances.
1a: a relief from distress, b: means or possibility of seeking a remedy 2: compensation for wrong or loss. 3: ( does not apply. )
Amendment 14: Civil Rights
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 under the laws.
NOTE: The Copyright Laws as established and amended, "Guarantee" the "Protection" of these rights to be for seventy years after the death of the Author. The 3 year Statute inhibits and undermines the growth and progress of the 'Arts' as a whole.
Large Corporations have little fear of Prosecution and/or Civil Litigation arising from acts of Infringement with the 3 year Statute acting as a shield from Justice and encourages Infringement against Authors, Artists, etc., who are without the monetary means in which to defend such a claim, therefore reducing " and Justice For All ", and " Equal Protection Under The Law " to just plain rhetoric.
Therefore, the 3 year Statute is discriminatory and biased as it promotes Infringement and is contradictory to the established laws of ' The Constitution of The United States ', ' The Bill Of Rights ' and the ' Copyright Law ' in its entire essence and undermines our legal system, leaving the common people with no ' Guaranteed Protection under the law.'
CITATION 3. - The 'Intellectual Property Protection Restoration Act of 2003', (H.R.2344), 108th Congress, 1st Session, June 5th 2003 was meant, "To restore Federal remedies for infringements of intellectual property by States, and for other purposes."
Section 2. PURPOSES, The purposes of this Act are to... (as applies)
(2) promote technological innovation and artistic creation in furtherance of the policies underlying Federal laws and international treaties relating to intellectual property;
(3) reaffirm the availability of prospective relief against State officials who are violating or who threaten to violate Federal intellectual property laws;
NOTE: The 3 year Statute undermines 'artistic creation', and uses our court Justices as pawns to break the established laws by barring litigation and diminishing our ' Copyright Protection ' to a mere 3 years.
CITATION 3(b) - Section 5. LIABILITY OF STATES FOR CONSTITUTIONAL VIOLATIONS INVOLVING INTELLECTUAL PROPERTY. ( as applies )
(a) DUE PROCESS VIOLATIONS - Any State or State instrumentality that violates any of the exclusive rights ... of a copyright owner, author ... under title 17, United States Code, in a manner that deprives any person of property in violation of the fourteenth amendment of the United States Constitution, shall be liable to the party injured in a civil action in Federal court for the harm caused by such violation.
(b) TAKINGS VIOLATIONS - ( as applies )
(1) IN GENERAL - (This paragraph is exactly like the previous DUE PROCESS VIOLATIONS, except that it adds to it violations under the fifth amendment as well.)
(2) EFFECT ON OTHER RELIEF - Nothing in this subsection shall prevent or affect the ability of a party to obtain declaratory or injunctive relief under section 4 of this Act or otherwise.
(c) COMPENSATION - Compensation under subsection (a) or (b), [as described previously], (1) may include actual damages, profits, statutory damages, interest, costs, expert witness fees, and attorney fees, as set forth in the appropriate provisions of title 17 or 35, United States Code, etc.
SECTION 6. RULES OF CONSTRUCTION. ( as applies )
(b) BROAD CONSTRUCTION - This Act shall be construed in favor of a broad protection of intellectual property, to the maximum extent permitted by the United States Constitution.
NOTE: By limiting Infringement Prosecution and Litigation the United States Justices become liable for the infringements committed by others if they uphold the Statute as it stands by disallowing such suits and the prosecutions, thereof.
The 'Intellectual Property Protection Restoration Act of 2003' invalidates the 3 year Statute as it stands, by reverting the Rights back to the 'Constitution of The United States', and should not be allowed as a means for defense and escape from litigation in the courts of the United States, as it has already become null and void.
CITATION 4 - Private Property Rights Restoration Act (S 145 IS), 104th Congress, 1st Session; -
To provide appropriate protection for the Constitutional guarantee of private property rights, and for other purposes.
SECTION 2 PRIVATE PROPERTY RIGHTS RESTORATION. ( as applies )
(a) CAUSE OF ACTION - (1) The owner of ANY real property shall have cause of action against the United States if;
(A) the application of a statute, regulation, rule, guideline, or policy of the United States restricts, limits, or otherwise takes a right to real property that would otherwise exist in the absence of such application; and
(B) such application described in subparagraph (A) would result in a discrete and non-negligible reduction in the fair market value of the affected portion of real property.
NOTE; Fair market value is always diminished where infringement occurs.
SECTION (2)(2)
RECOVERY - In any action filed under this Act, the owner may elect to recover --
(1) a sum equal to the diminution in the fair market value of the portion of the property affected by the application of a statute, regulation, rule, guideline, or policy described under subsection (a)(1)(A) and retain title; or
(2) the fair market value of the affected portion of the regulated property prior to the government action and relinquish title to the portion of property regulated.
NOTE; Government action in this case would be to bar litigation after 3 years have passed in a possible infringement case.
SECTION. 3. APPLICATION; STATUTE OF LIMITATIONS.
(a) APPLICATION - This Act shall apply to the application of any statute, regulation, rule, guideline, or policy to real property, if such application occurred or occurs on or after January 1,1994
SECTION 5. CONSTITUTIONAL OR STATUTORY RIGHTS NOT RESTRICTED.
Nothing in this Act shall restrict any remedy or any right which any person (or class of persons) may have under any provision of the United States Constitution or any other law.
NOTE; It states, "or class of persons". This includes people that cannot afford litigation.
Citations 3 and 4 were found at; Click here: http://thomas.loc.gov/cgi-bin/query/z?c108:H.R.2344:
To get to the 'Private Property Rights Restoration Act' from the 'Intellectual Property Restoration Act of 2003' you should click on the 'New Bills Search', then click '104th'. On the new page you go to the 'Word/Phrase' box and insert 'Private property rights restoration act', it will take you there.
CITATION 5 - FEDERAL PROSECUTION VIOLATIONS OF INTELLECTUAL PROPERTY RIGHTS, pg. 27, SECTION E. STATUTE OF LIMITATIONS, (lines 3, 4 & 5, as applies)
United States v. Shabazz, 724 F.2d 1536, 1540 (11th Circuit 1984 ) In copyright infringement actions, the period of limitations begins on the date of the last infringing act..., etc.
Citation 5 was found in the pages of the offices of the United States Department of Justice at;
Click on Criminal Remedies for Copyright Violations, Section E; for ' STATUTE OF LIMITATIONS '
Equal justice under the law cannot be met with a 3 year statute barring legitimate litigation if the monetary means to protect it cannot be found within that short period of time. The statute is Unconstitutional and biased, and therefore should be stricken from the laws as a means of defense against litigation. Most Copyright Infringement cases against large Corporations may well prove to be Felonies with the monetary value far exceeding that which is required by the copyright laws, and yet they are not prosecutable because they hinge on civil litigation taking place first. Was a Felony still committed? It is my belief that it still was, and it should still be prosecutable.
In conclusion, the 3 year statute has no place in our current Judicial system, as it is used as a means to escape justice, and thus, it promotes the acts of infringement that the laws were purportedly made to protect us from.
Thank you for your time and consideration.
We the undersigned agree to the following, and Petition for Judicial Review and Redress of Grievances; and Petition to Strike The Three Year Statute of Limitations and Establish a Committee of Copyright Litigators to Defend the Intellectual Property Rights of The Common People
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.
2a: a system of law originating in the English chancery and comprising a settled and formal body of legal and procedural rules and doctrines that supplement, aid, or override common and Statute law and are designed to protect rights and enforce duties fixed by substantive law. b. trial or remedial justice under or by the rules and doctrines of equity. c: a body of legal doctrines and rules developed to enlarge, supplement, or override a narrow rigid system of law.
3a: a right, claim, or interest existing or valid in equity. b: the money value of a property or of an interest in a property in excess of claims against it. c: a risk interest or ownership right in property. d: ( does not apply. )
ARTICLE VI: SECTION 1(2);
This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any state to the contrary notwithstanding.
SECTION 1(3);
The Senators and representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of several states, shall be bound by oath or affirmation, to support this Constitution; ( but no religious etc...., does not apply. )
CITATION 2; - The Bill of Rights, ( as applies )
Amendment 1: Freedom of religion, speech, and the press; rights of assembly and petition
Congress shall make no law respecting an establishment of religion, or prohibit the free exercise thereof; or abridging the freedom of speech, or of the press; right of the people to peaceably assemble, and to petition the government for redress of grievances.
1a: a relief from distress, b: means or possibility of seeking a remedy 2: compensation for wrong or loss. 3: ( does not apply. )
Amendment 14: Civil Rights
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 under the laws.
NOTE: The Copyright Laws as established and amended, "Guarantee" the "Protection" of these rights to be for seventy years after the death of the Author. The 3 year Statute inhibits and undermines the growth and progress of the 'Arts' as a whole.
Large Corporations have little fear of Prosecution and/or Civil Litigation arising from acts of Infringement with the 3 year Statute acting as a shield from Justice and encourages Infringement against Authors, Artists, etc., who are without the monetary means in which to defend such a claim, therefore reducing " and Justice For All ", and " Equal Protection Under The Law " to just plain rhetoric.
Therefore, the 3 year Statute is discriminatory and biased as it promotes Infringement and is contradictory to the established laws of ' The Constitution of The United States ', ' The Bill Of Rights ' and the ' Copyright Law ' in its entire essence and undermines our legal system, leaving the common people with no ' Guaranteed Protection under the law.'
CITATION 3. - The 'Intellectual Property Protection Restoration Act of 2003', (H.R.2344), 108th Congress, 1st Session, June 5th 2003 was meant, "To restore Federal remedies for infringements of intellectual property by States, and for other purposes."
Section 2. PURPOSES, The purposes of this Act are to... (as applies)
(2) promote technological innovation and artistic creation in furtherance of the policies underlying Federal laws and international treaties relating to intellectual property;
(3) reaffirm the availability of prospective relief against State officials who are violating or who threaten to violate Federal intellectual property laws;
NOTE: The 3 year Statute undermines 'artistic creation', and uses our court Justices as pawns to break the established laws by barring litigation and diminishing our ' Copyright Protection ' to a mere 3 years.
CITATION 3(b) - Section 5. LIABILITY OF STATES FOR CONSTITUTIONAL VIOLATIONS INVOLVING INTELLECTUAL PROPERTY. ( as applies )
(a) DUE PROCESS VIOLATIONS - Any State or State instrumentality that violates any of the exclusive rights ... of a copyright owner, author ... under title 17, United States Code, in a manner that deprives any person of property in violation of the fourteenth amendment of the United States Constitution, shall be liable to the party injured in a civil action in Federal court for the harm caused by such violation.
(b) TAKINGS VIOLATIONS - ( as applies )
(1) IN GENERAL - (This paragraph is exactly like the previous DUE PROCESS VIOLATIONS, except that it adds to it violations under the fifth amendment as well.)
(2) EFFECT ON OTHER RELIEF - Nothing in this subsection shall prevent or affect the ability of a party to obtain declaratory or injunctive relief under section 4 of this Act or otherwise.
(c) COMPENSATION - Compensation under subsection (a) or (b), [as described previously], (1) may include actual damages, profits, statutory damages, interest, costs, expert witness fees, and attorney fees, as set forth in the appropriate provisions of title 17 or 35, United States Code, etc.
SECTION 6. RULES OF CONSTRUCTION. ( as applies )
(b) BROAD CONSTRUCTION - This Act shall be construed in favor of a broad protection of intellectual property, to the maximum extent permitted by the United States Constitution.
NOTE: By limiting Infringement Prosecution and Litigation the United States Justices become liable for the infringements committed by others if they uphold the Statute as it stands by disallowing such suits and the prosecutions, thereof.
The 'Intellectual Property Protection Restoration Act of 2003' invalidates the 3 year Statute as it stands, by reverting the Rights back to the 'Constitution of The United States', and should not be allowed as a means for defense and escape from litigation in the courts of the United States, as it has already become null and void.
CITATION 4 - Private Property Rights Restoration Act (S 145 IS), 104th Congress, 1st Session; -
To provide appropriate protection for the Constitutional guarantee of private property rights, and for other purposes.
SECTION 2 PRIVATE PROPERTY RIGHTS RESTORATION. ( as applies )
(a) CAUSE OF ACTION - (1) The owner of ANY real property shall have cause of action against the United States if;
(A) the application of a statute, regulation, rule, guideline, or policy of the United States restricts, limits, or otherwise takes a right to real property that would otherwise exist in the absence of such application; and
(B) such application described in subparagraph (A) would result in a discrete and non-negligible reduction in the fair market value of the affected portion of real property.
NOTE; Fair market value is always diminished where infringement occurs.
SECTION (2)(2)
RECOVERY - In any action filed under this Act, the owner may elect to recover --
(1) a sum equal to the diminution in the fair market value of the portion of the property affected by the application of a statute, regulation, rule, guideline, or policy described under subsection (a)(1)(A) and retain title; or
(2) the fair market value of the affected portion of the regulated property prior to the government action and relinquish title to the portion of property regulated.
NOTE; Government action in this case would be to bar litigation after 3 years have passed in a possible infringement case.
SECTION. 3. APPLICATION; STATUTE OF LIMITATIONS.
(a) APPLICATION - This Act shall apply to the application of any statute, regulation, rule, guideline, or policy to real property, if such application occurred or occurs on or after January 1,1994
SECTION 5. CONSTITUTIONAL OR STATUTORY RIGHTS NOT RESTRICTED.
Nothing in this Act shall restrict any remedy or any right which any person (or class of persons) may have under any provision of the United States Constitution or any other law.
NOTE; It states, "or class of persons". This includes people that cannot afford litigation.
Citations 3 and 4 were found at; Click here: http://thomas.loc.gov/cgi-bin/query/z?c108:H.R.2344:
To get to the 'Private Property Rights Restoration Act' from the 'Intellectual Property Restoration Act of 2003' you should click on the 'New Bills Search', then click '104th'. On the new page you go to the 'Word/Phrase' box and insert 'Private property rights restoration act', it will take you there.
CITATION 5 - FEDERAL PROSECUTION VIOLATIONS OF INTELLECTUAL PROPERTY RIGHTS, pg. 27, SECTION E. STATUTE OF LIMITATIONS, (lines 3, 4 & 5, as applies)
United States v. Shabazz, 724 F.2d 1536, 1540 (11th Circuit 1984 ) In copyright infringement actions, the period of limitations begins on the date of the last infringing act..., etc.
Citation 5 was found in the pages of the offices of the United States Department of Justice at;
Click on Criminal Remedies for Copyright Violations, Section E; for ' STATUTE OF LIMITATIONS '
Equal justice under the law cannot be met with a 3 year statute barring legitimate litigation if the monetary means to protect it cannot be found within that short period of time. The statute is Unconstitutional and biased, and therefore should be stricken from the laws as a means of defense against litigation. Most Copyright Infringement cases against large Corporations may well prove to be Felonies with the monetary value far exceeding that which is required by the copyright laws, and yet they are not prosecutable because they hinge on civil litigation taking place first. Was a Felony still committed? It is my belief that it still was, and it should still be prosecutable.
In conclusion, the 3 year statute has no place in our current Judicial system, as it is used as a means to escape justice, and thus, it promotes the acts of infringement that the laws were purportedly made to protect us from.
Keep up the great work. Look what you've accomplished!
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