Noam Chomsky deconstructs the Gaza Flotilla massacre

by shergald Mon Jun 28th, 2010 at 09:38:36 AM EST

In order to continue its colonization of the Palestinian territories (minus Gaza) or all of original Palestine, Israel must maintain a war footing, while casting itself as a victim of terrorism fighting for its very existence. In this deception, maintaining Hamas as its arch-enemy is an essential ingredient, perhaps its only red herring left to distract the world.

In this context, Noam Chomsky [in In These Times] gets to the bottom of the Gaza Flotilla massacre and shows us what it was really all about.

Israel's violent attack on the Freedom Flotilla carrying humanitarian aid to Gaza shocked the world.
Hijacking boats in international waters and killing passengers is, of course, a serious crime.
But the crime is nothing new. For decades, Israel has been hijacking boats between Cyprus and Lebanon and killing or kidnapping passengers, sometimes holding them hostage in Israeli prisons.
Israel assumes that it can commit such crimes with impunity because the United States tolerates them and Europe generally follows the U.S.'s lead.
Read on...
h/t Israeli Occupation Archive

It was Barak who terminated the Taba negotiations. He later stated that Taba was "nothing," just low level people talking. On the Charlie Rose Show, Jan 25, 2005, Barak also admitted that the Camp David negotiation was implacable, that not even his own party, Labor, would have voted to 'disengage' (remove) a single settlement in the West Bank or Gaza. With over 200 :"legal" and "illegal" settlements (all Israeli settlements are illegal acording to international law) spread across the Palestinian territories, there was obviously no room for a sovereign Palestinian state.

Noam Chomsky deconstructs the Gaza Flotilla massacre | 14 comments (14 topical, 0 editorial, 0 hidden)

Permissions (4.00 / 5)

This article you have copied whole from the Israeli Occupation Archive originally appeared in New Times.

Have you obtained permission from there or from the author to quote this piece in full?

The fact is that what we're experiencing right now is a top-down disaster. -Paul Krugman

by dvx (dvx.clt ät gmail dotcom) on Tue Jun 29th, 2010 at 06:53:48 PM EST

Re: Permissions (4.00 / 2)

In These Times. Their policy:

Reprint Policy -- In These Times

Web Requirements
Request permission for all Web reprints by e-mailing reprints@inthesetimes.com or sending requests to: Reprints, In These Times, 2040 N. Milwaukee Ave, Chicago, IL 60647. We will respond with permission and fee information.
Place a line at the bottom of the reprinted article stating: "This article is reprinted from In These Times magazine, © [year of publication], and is available at www.inthesetimes.com." Please link the URL text to our site address, http://www.inthesetimes.com.
Please send an email to reprints@inthesetimes.com with a link to the page on your Web site where the full text post of the article can be found.

_{*Lunatic*, n.

One whose delusions are out of fashion.}

by DoDo on Tue Jun 29th, 2010 at 07:16:52 PM EST
[ Parent ]

Re: Noam Chomsky (none / 1)

I first checked the "Fair Use" section of the Occupation Archive:

This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of issues of environmental and humanitarian significance. We believe this constitutes a `fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107. For more information go to: www.law.cornell.edu/uscode/17/107.shtml.
All works published by the Israeli Occupation Archive are in accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. The Israeli Occupation Archive has no affiliation whatsoever with the originator of this article nor is the Israeli Occupation Archive endorsed or sponsored by the originator. The Israeli Occupation Archive encourages persons to reproduce, reprint, or broadcast the Israeli Occupation Archive articles provided that any such reproduction identify the original source, www.Israeli-Occupation.org or else and it is done within the fair use as provided for in section 107 of the US Copyright Law.

I am riding on the Archive rationale, that its reproduction constitutes fair use. If you disagree, please advise. I have in the past asked the Noam Chomsky site for permission, which was always granted.

by shergald on Tue Jun 29th, 2010 at 07:42:08 PM EST

Re: Noam Chomsky (none / 1)

PS: Since the Edit function has been removed from my diary, I suppose it would not matter anyway. I can neither edit nor delete, were the fair use basis for reproduction seen as insufficient. You may note that there are several sites that circulate otherwise copyrighted articles for nonprofit, educational purposes.

by shergald on Tue Jun 29th, 2010 at 07:50:22 PM EST
[ Parent ]

Re: Noam Chomsky (3.00 / 2)

You may note that there are several sites that circulate otherwise copyrighted articles for nonprofit, educational purposes.

Yes, there are popular "scavenger sites" such as CommonDreams.org - but ET is not one of them.

By laying out pros and cons we risk inducing people to join the debate, and losing control of a process that only we fully understand. - Alan Greenspan

by Carrie (migeru at eurotrib dot com) on Wed Jun 30th, 2010 at 03:05:55 AM EST
[ Parent ]

Re: Noam Chomsky (3.00 / 2)

And even "scavenger sites" might do the basic courtesy of contacting the original copyright holder for approval (which I am certain In These Times would give). So shergald, if you crossposted this diary with the article quoted in complete at other sites, too, you should contact In These Times and then insert the pointer they ask for (see upthread).

_{*Lunatic*, n.

One whose delusions are out of fashion.}

by DoDo on Wed Jun 30th, 2010 at 06:47:43 AM EST
[ Parent ]

Re: Noam Chomsky (3.00 / 2)

IANAL, but that strikes me as a remarkably weak, not to say wilfully misleading, interpretation of the fair use provision.

And as an aside, didn't we have a little talk about the propriety of spamming ET with wholesale copy-paste diaries that have no original content and very little news value?

- Jake

Friends come and go. Enemies accumulate.

by JakeS (JangoSierra 'at' gmail 'dot' com) on Tue Jun 29th, 2010 at 08:26:18 PM EST
[ Parent ]

Re: Noam Chomsky (4.00 / 3)

[ET Moderation Technology™]

The article is from In These Times, and that publication's use policy is quoted here by DoDo.

European Tribune's guidelines for offsite material ask that the source be identified and that quotes be brief.

I have edited your diary following those guidelines.

This isn't a simple matter of legality. Attribution and a link back to the publishing site are a matter of courtesy, and In These Times (even though they might readily grant permission for reposting in full) has the right to expect the visits a link from here may bring.

by afew (afew(a in a circle)eurotrib_dot_com) on Wed Jun 30th, 2010 at 01:58:11 AM EST
[ Parent ]

Re: Noam Chomsky (none / 1)

It is not clear that In These Times owns Chomsky's copyright, and it is possible that they reproduced it by permission, inappropriately claiming copyright jurisdiction. I have asked the proprietors of Chomsky's site for permission and I am waiting. These are volunteers and appear to be employed. Chomsky himself does not deal with the permissions business.

by shergald on Wed Jun 30th, 2010 at 01:38:42 PM EST
[ Parent ]

Re: Noam Chomsky (3.00 / 2)

shergald:

If you disagree, please advise.

I do, as I must.

I do because:

provided that any such reproduction identify the original source,

The Israeli Occupation Archive is not the originator of this copyright material, so their blanket reproduction authorization is simply not applicable.

And I must because:

We believe this constitutes a `fair use'

In this context, "We believe" deconstructs as "We don't know and no one has called us on it yet." The explication of fair use linked to in the policy you site requires a much more extensive knowledge of applicable law and precedent which neither I nor, probably, you possess in order to judge whether the IOA policy really meets the criteria of fair use.

Furthermore, the cited definition of fair use only applies for US jurisdiction. The question as to what jurisdiction ET falls under is very much open. And the question as to the circumstances under which a plaintiff might claim the copyright law of any arbitrary country applies is more open still.

For these reasons as well, we ask that you abide by the guidelines referenced by afew below.

The fact is that what we're experiencing right now is a top-down disaster. -Paul Krugman

by dvx (dvx.clt ät gmail dotcom) on Wed Jun 30th, 2010 at 12:58:24 PM EST
[ Parent ]

Re: Noam Chomsky (none / 1)

The explication of fair use linked to in the policy you site requires a much more extensive knowledge of applicable law and precedent which neither I nor, probably, you possess in order to judge whether the IOA policy really meets the criteria of fair use.

I am not a lawyer, let alone an American lawyer, nor am I familiar with the details of the relevant precedents. However, the plain reading of the clear text (h/t Wikipedia) suggests that this is excessively broad (my emphasis):

§ 107. Limitations on exclusive rights: Fair use
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include--
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

And then there's the jurisdictional issues that dvx outlined above.

And then there's the matter of whether European Tribune is an appropriate venue to republish third-party content wholesale, irrespective of the legality of such reposting.

- Jake

Friends come and go. Enemies accumulate.

by JakeS (JangoSierra 'at' gmail 'dot' com) on Wed Jun 30th, 2010 at 03:40:07 PM EST
[ Parent ]

Re: Noam Chomsky (none / 1)

Europe is not a party to laws pretaining to material published in the US, first of all.

Secondly, you as you quoted, the extension of fair use does apply to political blogs, as we see in this portion of the law you quoted,

"for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include--

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes (anyone profiting from ET?)

(2) the nature of the copyrighted work (nonfiction, and not intended as a source of income of the author)

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole (too ambiguous to interpret) and

(4) the effect of the use upon the potential market for or value of the copyrighted work (no value, as the author gains nothing from publication or loss from reproduction)."

Note the notations. Case closed.

by shergald on Wed Jun 30th, 2010 at 04:38:00 PM EST
[ Parent ]

Re: Noam Chomsky (none / 1)

I'll bet you € to Pesos that you're reading that wrong.

Specifically, bullet (3) is, in every other case I have seen, taken to mean that it is impermissible to copy the entirety of a copyrighted work.

Europe is not a party to laws pretaining to material published in the US, first of all.

You seem to be suffering a memory failure. You're the one who brought up "fair use" as defined under US law.

But actually, the legality is a side issue, because as I recall, we had a rather extensive discussion of the propriety of wholesale copy-paste spamming of European Tribune not half a month ago. An exchange that you apparently understood, since you actually complied with the instructions you were given for all of two weeks, before you reverted to blatant copy-paste diaries.

- Jake

Friends come and go. Enemies accumulate.

by JakeS (JangoSierra 'at' gmail 'dot' com) on Wed Jun 30th, 2010 at 04:59:00 PM EST
[ Parent ]

Re: Noam Chomsky (3.38 / 8)

To put this in simple terms: we do not care what your opinion on either the legality or morality of copy pasting huge chunks of text without even proper attribution is.

The rule here is that you keep the chunks short and that you attribute carefully, as laid out in the guidelines that you seem to think do not apply to you. This is an official warning: obey the guidelines or you will be banned.

by Colman (colman at eurotrib.com) on Wed Jun 30th, 2010 at 05:09:12 PM EST
[ Parent ]

Noam Chomsky deconstructs the Gaza Flotilla massacre | 14 comments (14 topical, 0 editorial, 0 hidden)

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