This week on my Ms. Creant blog, I show how our social media walls can reveal a great deal about what we are feeling.
While I don’t live in the United States of America, Canada and most countries in “the West” do share common legal approaches. My OPINIONS should not be considered legal advice, but should make for a good starting point for those of you who have been witness to the latest travesty in indie-authordom. Unless the reprobates currently running the U.S.A. have completely flushed America down the proverbial turlet, then what I am about to share with you will probably still be upheld in their courts.
I rarely use Wikipedia as a source, but they did offer a sound definition in this case.
“A trademark, trade mark, or trade-mark is a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. For the sake of corporate identity, trademarks are often displayed on company buildings.”
IF some poor misinformed soul did want to Trade Mark the word cocky, they are completely within their legal rights to do so. HOWEVER, as no person or corporate entity may hold title of a commonly used word, the Trade Mark office requires that the word in question be presented in an original form, a.k.a. artwork and even a custom font or in an existing font USED WITH WRITTEN PERMISSION.
We might as well cover all the bases while we are on this ridiculous topic.
“A government authority or license conferring a right or title for a set period, especially the sole right to exclude others from making, using, or selling an invention.”
So unless the individual in question INVENTED the word, they can’t go down this road.
“The exclusive legal right, given to an originator or an assignee to print, publish, perform, film, or record literary, artistic, or musical material, and to authorize others to do the same.”
Every time a writer PUBLISHES, they are protected by Copyright law. HOWEVER, we live in an age where everyone sues their neighbor over the slightest thing. Thanks for that America. This translates into a shit pile of lawyers making money on every tiny fender-bender or slip-and-fall. Authors would be well advised to actually get Copyright protection in their own country at the very least, as it carries a bit more weight than a mere publishing date.
Yes, if it is the title of your work and no one has ever used it before. HOWEVER, this only protects the Copyright holder from having others use the EXACT SAME TITLE. It does not give the Copyright holder EXCLUSIVE rights to the word.
They are not called “sharks” for nothing.
“Is the practice of starting or carrying on lawsuits that, due to their lack of legal merit, have little to no chance of being won.“
Yes kids, this is probably what is going on here. Some law firm is exploiting this poor author knowing full well the case has no chance.
There are any number of possibilities. But first, why am I not worried about using the word Amazon in this piece? It’s simple, they don’t own the word—just the presentation of the word as a Trade Marked corporate logo in context with a certain type of business. The Amazon river was there long before the company, and it will be there long after the company is gone.
Smashwords and Ingram Spark are looking better and better, aren’t they?
. . . I get a cease and desist order telling me to take down this blog because it contains the word cocky, I will have my lawyer fire one back telling them what a cocky prick I am, and that I suggested ‘they should all have intercourse with themselves’. Of course what I would actually say to my lawyer in this hypothetical instance would be: Tell them they can all go f*ck themselves.
A frivolous lawsuit is there to incite an EMOTIONAL RESPONSE. My lawyer is there to START A NEGOTIATION, as is the lawyer of this author. My lawyer will water down my message to make me appear more reasonable so A RESOLUTION CAN BE REACHED.
As usual, my mind is questioning the motivations involved here. Is this a PR stunt? Did the-powers-that-be create a new distraction just for indie authors so we won’t pay attention to a US administration just itching for a war with anybody? I guess time will tell. Until then, stay cocky everyone.
Just as with the Trumpeter winning the US presidency, an attack in my hometown of Toronto required me to take some time to process my thoughts before I would weigh in on this latest example of extremism. Thankfully, there is no religious indoctrination associated with this incident which killed ten and injured thirteen. I have flogged that dead horse enough over the years anyway. No, this one is truly “new”, and would require some research on my part. By “new”, I mean a new take on a 5000 year old idea; men should rule and be the masters of all that is in their domain. What I found bothers me more than Trump and his bandits. So let’s take a look at the latest scourge reaped by our downward spiral in parenting and education.
misogyny – a hatred of women
In my book I toyed with misogyny while exploring my emotional damage from past relationships and coming to terms with how I feel about women, North American culture, and humanity as a whole. It started as a humorous idiot’s guide to manhood for my nephews, but it became something else . . . a complete instruction manual for life as a decent human. Sadly, I did not know how few men read such books when I wrote it. They are conditioned to appear as though they have it all figured out－causing most to actually believe they do. North American culture is of course an oxymoron as few of its citizens are cultured by definition.
cultured – having or showing good education, tastes, and manners
I will not give the perpetrator of the attack any mention other than to say it is doubtful he is sane. When something horrific happens close to home people want to know why and it is here where things become dark, murky, and disturbing. There are known to be approximately 40,000 others like him out there who share similar beliefs. They call themselves Incels.
Incel – a person who thinks of themself as being involuntarily celibate
When trying to imagine the membership of this group, one would naturally think of unfortunate individuals with deformities or who were disfigured in some way; thereby limiting their chances of attracting a romantic partner. However, this does not appear to be the case.
The following excerpt is from an article by By Rebecca Jennings published on Racked.com which gives you a sense of what they are about.
Incels see women as either “Stacys,” who are hyperfeminine, attractive, and unattainable and who only date “Chads” (muscular, popular men who are presumed to sleep with lots of women), or “Beckys,” the “average” woman. Women in general are also referred to in dehumanizing terms such as “femoids” or “FHOs (Female Humanoid Organism).”
Allegedly, these are nerds, geeks, dorks, dweebs etc. who have been publicly shamed and bullied to such an extent they are now stigmatized, leaving them socially awkward and incapable of engaging effectively with women they desire. They apparently use math to support their contention they only have a shot with the castoffs of the Chads. They think this is wrong and unfair.
Nerds, geeks, dorks, and dweebs are typically smart. Smart people know how to research to find a course of action which solves a problem. I have been called a nerd and a geek, mostly because I read and spend time in libraries, but it was time well spent. I did the work. I LEARNED. I understand women, human behavior, and our society which makes me very interesting to a Stacy who is tired of Chad’s shit. The more you learn, the more aware you become which leads to personal growth and change
They were ill-prepared for life. Sadly, they have formed an online group where they denigrate what they want the most－women. It is a support group gone wrong.
I object to them believing themselves to be nerds. A nerd is far more than a sci-fi enthusiast, gamer or comic book collector. These guys are pretenders; and just as their feeble minds did with women, they missed yet another point entirely.
THEY do not know how to stimulate a woman’s erogenous center.
THEY do not know where that is.
THEY do not care and are too lazy to find out.
THEY equate real women with their rubber porn star vagina sex toy.
THEY think women are just a collection of holes for their pleasure.
THEY do not respect women because they were never taught this.
THEY believe women won’t pick up on their misogynistic vibe.
THEY think they are superior to women.
THEY believe they should be entitled to any woman they wish.
I do pity them though. It’s not all their fault. Poor genetics, bad parenting, a low quality education, and unresolved emotional scars all combined to make them what they are.
At best, Incels are throwing the world’s biggest pity party and of course none of it is their fault. They are not happy with natural selection, nor are they willing to improve themselves in order to get in the game. Essentially, they are damaged and lazy with entitlement issues. In the worst cases, as with the Toronto incident, dangerous sociopaths are in their midst being primed for action.
What fascinates me these days is the total disconnect of the so-called academics. Osteology has published evidence of humans going back much farther than the current 200,000-year “approved” paradigm which was only relatively recently freed from the 5000-year biblical view. Non-Egyptian geologists have dated the sphynx before the last ice age, but Egyptology cannot accept the probability that Egyptians were not responsible the greatest architectural works present in their country. As a result, they are closing off access to these areas to anyone who does not share their view of world history. Worse yet, artifacts are “disappearing” from public display only to be allegedly “lost” through poor cataloging by inept museum officials. The same type of problem exists when you look at the Easter Island geological record. Re-dating of these megalithic sites is spooking those who wish to maintain the status quo. The same is true right here in America with the Smithsonian being apparently incapable of record keeping. Archaeology has its problems too. They are completely divided into two groups. One side holds fast to the hunter-gather tribal out of Africa point of view up until 5000 years ago when a “miraculous” change occurred in human development; while the other is offering up solid evidence of sea-faring peoples who may have traveled much farther than previously thought possible, and who seemingly interacted on a near global scale. Genetics is proving the second group is onto something, but again, evidence from outside the archaeological community a.k.a. their compartmentalized box, carries little weight and does little to sway them from their indoctrinated viewpoint.
I have published a great many words on the methods of control utilized by the ruling elite—not the irrelevant elected officials chosen for us, but the unelected powers who tell them what to do, and who never go away. THEY KNOW knowledge equals power, and the manipulation of humankind is easily accomplished when they hold all the knowledge cards. Religions don’t want these truths to see the light of day or to gain any real momentum, for the truth will undermine their power base, forcing them to re-write their books and admit to their followers they have not been honest with them. There is a reason why only approved referred academics are allowed to even make a request to see texts housed in the Vatican. What is absolutely hilarious is they do not publish a listing of the ancient written works contained in their vaults. You must somehow ALREADY KNOW that a text exists in order to request a look at it, and browsing is not allowed except by an elite group of church officials. Everything is kept concealed from us. WE DON’T HAVE A NEED TO KNOW and they are not telling, so we stupid amateurs must continue to dig and accept being ridiculed for our efforts.
If you wish to find out more, I recommend you begin with these two REAL academics; Doctor Robert Schoch and Doctor Michael Cremo. They are grounded by scientific method, and present their evidence without attempting to attach an outlandish connection to anything mystical or otherworldly.
the 19th-century doctrine or belief that the expansion of the US throughout the American continents was both justified and inevitable.
Germany and Japan did, and look at them now. They are shining examples of “team players” who became allies, and as a reward they get to share in the “American dream” just a few generations later.
Conquered peoples need time to adjust to their new reality. This is best done by firstly assisting them in rebuilding; it keeps them busy and takes their mind off what being conquered actually means.
So far in this series, we have explored a number of topics, all of which are influenced by what we CHOOSE to believe or by the beliefs handed down to us, which we ACCEPTED because we TRUSTED the source.
Here is a recap:
There exists in about 10% of the population, a desire to know the TRUTH of what mankind is; our place in the universe; our destiny etc., which leads me to one of my favorite sayings:
“The truth will set you free” ONLY works for a very few among us who are capable of coping with the truth of what is. These people have disciplined minds and a broad scope of knowledge which is not found in compartmentalized academic institutions. Academia can still teach us a great deal about how to perform solid research, but once you look at any one discipline, it becomes immediately apparent that doctrine is being adhered to.
You will need a fundamental understanding of a great many academic disciplines, if you are to find the answers you seek without being “led down the garden path” by the myriad of intellectual booby-traps which have been carefully placed in EVERY FIELD you will explore.
You will need all of this, PLUS a solid understanding of yourself, to be able to wade through the obfuscation. There will be days where you close a reference book after days of reading, and say to yourself:
Hint: Don’t waste your time studying Economics because it is all lies—and so far as Political “Science” is concerned . . . you might as well enroll in Theater Arts.
When young impetuous people ask me for the answers, I tell them one of two things:
The second is for the few who I believe could benefit from such knowledge. I have followed the money, and thus far, I have thoroughly researched two hundred years of human history. I assure you, you will not like my TRUTHS.
There are a great many levels of awareness. The key to a better life is to know some “TRUTHS” which will assist you in making informed choices for you and your loved ones.
Not everyone can be a Fox Mulder.
I can’t believe I am saying this but…
I, E. A. Barker, do publicly acknowledge the following:
I doubt he knew why this is a good idea, as he blathered away about anything which could get him in the news while he was campaigning for office, but he did say it.
Here are my reasons:
Technology is out-pacing our growth as a species in more ways than mere possession of atomic weapons.
The incredibly dorky first generation users of Google Glass were quick to embrace the idea of being “plugged in” all day. This was man’s first step toward becoming a cyborg race. Sounds far-fetched, you say? Follow this News.com.AU link.
Education is embracing technology as a teaching tool which is being PROMOTED as a way to engage kids better. Funny, I thought a quality curriculum, well trained, well paid, and carefully selected teachers could engage kids, but I’m just some nut on the Internet.
Here is the writing on the wall:
In a generation or so, children will have grown up being “plugged in” 24/7. They will be completely Internet addicted and completely helpless without it. They will learn more and faster but what we need to be asking ourselves is:
Libraries are embracing technology for budgetary reasons as well. Paper books are expensive and there is only so much shelf space. Database access and e-books are cheaper and take up far less space. In theory, a tiny library in a small town could offer access to the entire library of congress, BUT this will not be the case for two reasons:
When education is fed directly into a human mind via artificial means, thought control is complete. The information that mind receives is completely in the control of another.