Amazingly, there still continues to be some confusion, as I’m sure back during the Reconstruction Era when white supremacists first insisted that black voters take some type of “smarts” test before entering the voting booth, there was confusion among many Afro Americans at that time who thought having tests of knowledge was indeed a good idea…

History proved who was right; and who were wrong.  When you give someone trying to keep your race down, the tools to do so, they will use them and your race will be kept down.

That is why it is hard for many of us in educational circles to understand how any Afro-American can be in favor of using the Smarter Balanced Assessment to grade their child…

Because unlike 1890 when literacy tests were begun, today all have information on what these tests are… 

Let me show you a picture of racism in 2016….Draft ELA targets

This is Delaware’s official ELA target.  (Click image to enlarge.)

Whites have to grow from 61.5 to 80.8… a total of 19.3 points….

Asians have to grow from 77.1 to 88.5…..a total of 11.4 points…..

Blacks have to grow from  35.8 to 67.9….a total of  32.1 points…..

Hispanics have to grow from 39.0 to 69.5… a total of 30.5 points…..

Low incomes have to grow from 34.2 to 67.1…. a total of 32.9 points…

Disabilities…. have to grow from 19.3 to 59.6…. a total of 40.3 points…

=====

Pure racism. Fully endorsed by the KKK…. Hear them now?   “YEAH!!!!  That’s what we’re talkin’ about…..”

(Don’t blame me; I’m not even the messenger…This is from the DOE website…)

 

Draft Math Targets

This is Delaware’s target.  (Click image to enlarge.)

Whites have to grow from 49.2 to 74.6… a total of 25.4 points….

Asians have to grow from 70.7 to 85.4…..a total of 14.7 points…..

Blacks have to grow from 22.0 to 61.0….a total of  39.0 points…..

Hispanics have to grow from 28.6 to 64.3… a total of 38.7 points…..

Low incomes have to grow from 23.8 to 61.9…. a total of 38.1 points…

Disabilities…. have to grow from 15.0 to 57.5…. a total of 42.5 points.

 

Can anyone tell me how this is any different than guessing the number of jelly beans in a jar?  Whites have to show a 51.6% improvement… Blacks have to show a 177% improvement… Might as well label blacks as disabled: 283%

What is being said here, disguised as an attempt to elevate blacksscores, is that they have to jump through a different hoop than the rest of us… why?  Skin color, of course…..

No ifs. No buts. No ands…

There are proven ways to raise the results of our lowest scoring children. Corporate types flat out do not want the right answer proven to be effective over and over and over again..  I have covered it so many times, it is pointless to do it again. But for now, rest assured.  This way, shown above?….  Leads us nowhere…..

Except to make the KKK very happy…..:)   Can you hear them?

“Hooray, Hooray,  Blacks will be second class citizens again.. Whoopee!  Toast!  Celebrate!  Yeah, Greg Lavelle* and all the other supporters of the Smarter Balanced Assessment!!!  Hip, Hip, Hooray!”

 

 

 

Perhaps due to the abrasive nature of politics in New Jersey, its citizens will not be as beholden to having “royalty” tapping their ruby slippers with their wand, as were the squeamish citizens of their sister state across the bay, who tend to blindly follow whatever direction those with more money in their pockets, tell them ….

New Jersey has always been a knock-down, drag-out, state when it comes to political fighting… Which means, I hope its citizens who are immune to fighting entirely, don’t get sucked up in it, and do stay clear to vote their self interests….

It’s like if you never see your parents argue, then see a heated discussion involving anger as the prime force of reason, it scares you… But if you see the same stuff every other day, you think: “crap, I’d better see if I can get a seat at Beth’s family’s table today….”

Because, ever since Wisconsin, the media redundant focus on the Democratic race has been on Hilary’s fights with Bernie… who said what, and how did Twitter respond, and how much time can our news milk this topic so we don’t have to tell voters about what really matters…. Which like parents arguing… affects us squat…

So what is important?  Our money.  Everything, and I mean, everything else is a distraction…. 

Oh no.  I don’t mean to imply we should forget about everything else… We are under a lot of problems now… Global warming for one; it needed to be addressed 16 years ago instead of shuffling arguments with hired skeptics defending its denial.  Racial injustice… Certainly important.. Having a good economy for only one color of skin is a scenario we do not want to have return. Public Education being corporatized?  Heavens! That’s our nation’s future we’re talking about. Certainly it is important… Police responsible to “We, The People”, and not themselves? Absolutely, that is important…..

So what am I talking about when I say other than our money, everything else is a distraction?

What I’m talking about:  is how money and power go together…. What I’m talking about is how even you, in whatever capacity you find yourself, when you have to choose between opposing views of people who a) can really fvck your life up, or b) people whose only hold on you is their moral persuasion, in order for yourself not to get royally fvcked up, you side with those who could do you the most damage…

What we are talking about:  is whether you matter any more!….

Let’s waltz through all those distractions we get tossed, ok?  One by one?

Global warming may happen or it may not, but unless you have power to make change, it is out of your hands. If you are a 2nd class citizen who can’t or won’t vote because it truly makes no difference, then that resolution will be decided by those who do… Just for the record, how many lobbyists can you hire to lubricate passage of laws limiting carbon’s use through your state and national legislatures?  If you yourself have no assets to speak of, no stocks, no clout, if you still rent, and don’t own, if you make so little you can’t support your own necessary expenses, much less financially fund some progressive cause,  why would someone listen to you over someone who has demonstrated the capacity to promise them a $500,000 a year job after their term expires?…

You need to elect someone right now to whom you will matter.

Racial Injustice?  How does having equality on paper, translate into having fewer of your color in prison? Fewer of your color in jobs? Fewer of your gender in executive positions? How does yourself being poorer year, after year, after year; of having less money to spend on yourself, help others of your color, of your gender, of your sexual persuasion?  How does you getting poorer and poorer and poorer and poorer help anyone really, if you can’t even help yourself?  And if you can’t even help yourself, why would anyone sane ever listen to you again, once you’ve received their vote?  Are the vows of commitment you make before you have sex, ever the same strength long after you’ve gotten it?  Or are you ready to make new vows of the same ardency, to the next target who crosses your sights?

You need to elect someone right now to whom you will matter.

Public Education being corporatized?  How does having corporations tear apart your public schools affect you, when all the choices given you are bad?  Like slaves on a plantation you really have no choice because you really have no income with which to make a choice; you simply have to put your child on the bus hoping the interest of others keeps him from being thrown under the bus,  and have him taken to “where-ever” school someone wants him in  You have no say, because you have no money with which to get your “say” noticed. Why should anyone even care that you object to businessmen raking in millions of your tax dollars and giving nothing beneficial in return?  Uhh, who are you, minimum wage person, with a credit rating of under 325, living week to week off your crappy job?… Who are you professional teacher, behind on your bills, fired for your low rating, who has “loser” in the shape of an albatross around your neck? Really who even cares what you say, where you say it, what you wish for you child when you can’t even put up two pennies for a candidate who would otherwise take you side of things?  You expect people to ignore millions of dollars offered them, simply on moral grounds?  What do you smoke btw?

You need to elect someone right now to whom you will matter.

Police accountability?  Ha… Police run themselves… If they want to shoot a black.. they do it.. If they want a live target, they get one… NO ONE WHO HAS MONEY CARES!  “Oh, tsh, tsh! So sad Trayvon died… Whoa! The bid is only $300 for the gun that killed him? That’s my investment in the future… some billionaire collector will want it.”  “Oh look, my stock value in gun manufactures has soared double what I expected it to be before Trayvon was murdered… ‘Bout time we kill another black kid to shoot it up even higher.. ” So really you who have no money, no clout, no pull; how much money are you going to throw at legislatures to counter laws like that?  You who have no job?  You who live on less than $100 in cash a week? You, whose housing is paid for, whose food is paid for, whose phone is paid for by people who won’t hire you, won’t pay you a fair wage, who won’t give you the respect of a decent job, because your government is run by people to whom you don’t matter?  To whom those with only big money matter because you can give two extra pennies to help them fight your battle….. What warped world do you live in where people will hold police accountable to the law at their own peril, when they could do quite well by leaving the police alone to kill in cold blood, anyone they want?

How is anyone going to change that over to what whatever it is you do want, YOU WHO DO NOT MATTER?

Seriously;  social issues are distractions. They are panacea. They are offered to get you all excited so you forget how little money you now have; how much smaller money you will have in the future, and how little money your children will have to fight over among themselves if ever they have a future,…  because YOU… yes, YOU, totally dropped the ball when it came to YOU YOURSELF making more money, and YOU, yes YOU, simply let them take it from you because YOU YOURSELF was concerned too much about Global warming; because YOU YOURSELF was too much concerned about racial injustice; because YOU YOURSELF was concerned too much concerned about educational deformity; because YOU YOURSELF was too much concerned about the inconsequences of police brutality……

So while you were distracted…. you simply scrolled through financial La La land and let them take your money, money that was to have been yours….

It is your money they now use to buy your state and local representative, your governor, your US House Representative or US Senator,  so he/she must listen now to them, not you. It’s true.  You are made to believe you are being listened to, but in truth, do you really have a voice?  How’s your bank account?. People with money have awesome bank accounts, do you?  All they have to do is whine:  I’m not making money and it gets handed to them; when was the last time that ever worked for you?… They can act with impunity, take your property, your children, your pension, only because somewhere deep down in your soul, you were emotionally persuaded NOT to vote in someone who would dramatically change the rules so you could again begin to earn more and those with money might have to live with less….

These rules we are mentioning are not something new… They are the ones in existence across most of the rest of the world, and existed here up until 2002. They were the ones in play when the US had a roaring middle class, when every income level made more each year than they did the last, when it was unheard of to make less this year than you did last, when even when you lost your job, you still made more the next year because someone hired you paying you more money.  That life is not a dream.. That life is memory for anyone over 45.

But every year, across those lifetimes, we took one or two planks off the House that Roosevelt built, called the New Deal, which guaranteed financial opportunity for all people.. Rich or poor.  you would do alright in this life, as long as you lived in America; nothing bad would happen to you.

In that house with every new contract, your union would negotiate your wage based off a percentage of the success your work was providing your employers… Profits were split 50/50 between workers and investors, not 0/100… Then suddenly we “changed” the law to allow states to ban unions… pffft…. good bye profit sharing…  “Sorry, kiddo, if you want to live, as in eat, you’ll have to work for $7.25 and hour and no benefits…That’s all this state offers; no, we don’t do raises.. Take it or starve..”. 

Employer pension funds used to belong to the employees… Companies could not be bought and have their employee’s pensions dissolved sending the money straight to investors.  You worked, you retired, you would live very comfortably in your old age… Today, many grandparents are subsidizing their children and grandchildren through the largess of these pension plans they were luck to retire on before the law was changed…

Marginal tax laws were also higher… meaning there was strong incentive NOT to gouge or bleed a business for high profits.  With more than 50% of your top dollars handed over to the treasurer of the Federal Government, it made good sense to invest in your employees. and get a return on that investment instead of just handing the money over.  Today, that is the craziest thing any company exec can do…  (President of the Corporation):  “Our profits are lower this year because I gave good raises to my employees to keep them on board to continue our success, and also because I opened up a new department to research and develop new products instead of buying out competing companies and firing all their employees.  I will be sad to leave but do accept the stockholders’ decision..”  We passed low tax laws letting corporations keep all their profits, requiring none to be invested back into our economy… We could have easily used our tax laws to provide incentives to invest in America instead of China, but since Americans were so preoccupied with social issues, no one cared.  Prophets of doom were contemporarily ridiculed as pessimists, yet they predicted exactly the world we have today.

With more tax revenue available, the public sector was much more effective in controlling excessive corporate behavior, and large numbers of people had good jobs making good money monitoring Corporate America to make sure all existing laws were being followed. If a corporation was found to be violating American law, they were charged and punished… Now, only after a city’s whole water is poisoned, does anyone even begin to look for a culprit and usually blame falls on that person least able to defend themselves; not the real culprit who is allowed to continue their business.  The Freddie Macs and Fannie Maes get blamed; not the Wall Street firms who knowingly sold very bad investments, then bet correctly they would fail… getting richer while we lost everything we had.

The point?  The point is that we did this to ourselves… We did this by not paying attention to the rules by which our financial system was run, and by favoring rules that benefited corporations and those with lots of money, and by removing protections that served the middle class.

We put a gun to our head, spun the chamber, and lost.

But it is not yet over. Just as we voted rules to favor the elite class. we can also vote in new rules to favor the middle class…

But unless you start with electing and supporting someone who understands that being comfortably well off and having certain inalienable rights, is far better than being impoverished so you can’t even fight to maintain the rights you once had, it won’t change. Never. Never. Never… for how could it?  How is it even possible that in a nation where 1% of the people now own more wealth than the other 99%.. the poorer segment can ever get that power back in their grasp?

So New Jersey… They will do their best to confuse you… But anyone who sticks out their tongue to lick the frozen pole put out by Wall Street, loses skin off their tongue… When people distract you by saying that “other” candidate “only” talks about Wall Street and that they couldn’t give a damn about Wall Street, remember that without money in your pocket you have no power… And today without someone fighting for you, you will never have money in your pocket… Across the entire history of this world, Wealth has always stayed in the hands of those to take the power to keep it in their possession.

If you want more wealth, there is only one way to get it… Take it from those who have it and are fighting you hard to keep it in their possession….

There are three candidates remaining… Two of them are part of the 1%…. One of them isn’t and it it only that one who is fighting for you.  Don’t let the other two distract you.

Food Additives to Steer Clear Of....

In one of the last places one would expect to hear about climate change and about large oil companies’ denial that is it caused by their carbon extraction,  at the stockholders’ meeting for Exxon-Mobile and for Chevron, repeated attempts were made to have their own companies face up to the problem they created, denied, and lobbied to have swept under the carpet….

More than 38% of Exxon’s investors rebelled against the company by voting for a proposal that would have required the company to publish an annual study of how its profits may be affected by public climate change policies, following the Paris climate agreement, to limit the global temperature rise to less than 2C (3.6F)….

(A similar vote at Chevron’s annual shareholder meeting, also held on Wednesday, showed 41% support from Chevron investors that cast ballots.)

This opens the door to a new avenue to attack “denial of global warming”, by buying stock in Exxon Mobile and Chevron, then attending the stockholder’s meetings… (Only 13% of additional stock is now required to change Exxon, and only 10% required to flip Chevron)… A far tinier margin than anyone had previously imagined…

Exxo tried to block the resolution from being heard at its meeting, but the US Securities and Exchange Commission regulator ruled that it must include the resolution among Wednesday’s votes.  Obviously this revolt could not have happened during a Republican’s executive administration.

“Given the significant resources Exxon spent fighting this proposal, such a strong vote is a real rebuke to company management,” said Andrew Logan, director of oil and gas for Ceres, a coalition of sustainable investment groups. “Investors have sent a clear message that meaningful 2 degree stress testing is the new normal, and companies like Exxon and Chevron can no longer act as if nothing has changed.

Rex Tillerson, the boss of oil giant ExxonMobil, said cutting oil production was “not acceptable for humanity”…Tillerson said Exxon had invested $7bn in green technology, but the science and technology had not yet achieved the breakthroughs needed to compete with fossil fuels.

The resolution discussed at Exxon’s annual meeting in Dallas was proposed by the New York state comptroller, a trustee of the New York State Common Retirement Fund, the third largest US pension fund, and the Church of England.

More than 30 of Exxon’s largest shareholders, including the pension funds of the governments of Norway, Canada and California, Legal & General Investment Management and Schroder’s, previously publicly stated they would vote in favor of the motion. Other supporters of the motion include the pension funds of local authority workers in Greater Manchester and Tyne & Wear.

Exxon is currently under investigation by New York’s attorney general over claims that it lied to the public and shareholders about the risks of climate change….

Exxon believes oil and gas will still provide about 60% of the world’s energy demands by 2040. In fighting off the proposals, Rex Tillerson, the boss of oil giant ExxonMobil, played his hand as to the real reason Exxon-Mobile and other oil producers are “pretending” Global warming is still a hoax. He stated their tapped and untapped underground oil reserves already firmly in their possession would be worthless, if the world shifts over to renewable energy.

They miscalculated the future; those investments are nothing but a bad business decision.

Granted.  Most of us are not legal eagles.  In fact we are kind of scared of the law… We live our entire lives free of legal notice and suddenly one day, out of nowhere, BAM, we get one…

Our fear: “Oh my goodness, I’m going to be bankrupt”.. We then quickly undo what we did and hope that maybe they will forget and follow up with anything else.”

And that is what they hope we will do….

 

But.  That is not the law.  For there are entities who both file and receive copyright violations all the time… Sony, Disney, Samsung, Apple, Google for example.  Where would today’s society be without any of those?

 

The protections the law put in place for them… are also there for you… it is just that you don’t have 150 lawyers working for you and they do…

 

If you are reading this, it is probably because Pearson used Twitter or Blogspot to force you to remove some of their test questions (or links to them) which you (in shock over what they revealed) bravely determined needed to be exposed and announced, so that normal and proper societal actions could be taken to rectify the damage these items were doing to the brains of children….

 

So let us first explain how DMCA works and then you will see how it works backwards as well to your advantage….

 

Imagine you took a picture of yourself and your old college friends acting silly and perhaps a little lewd in some bar….   Now imagine you are later googling images related to your name and see on some commercial site, that same picture was used to represent something totally unrelated to you…  Your first fear is that Snoopy in Human Relations will flag it to your superior.  So you want it quietly gone…. and you can, under the DMCA. You file a DMCA with the ISP …  In it you provide your personal details,  the details of the Internet location of the offending product, and the reason why the image should be taken down (unauthorized use), and then demand it be removed.  Now…. most likely you didn’t copyright or register that photo as being yours. Doing so takes considerable time and money and who does that to facebook photos? So the end, you may lose.  But, because ISP’s get millions of requests per day, they take them down immediately with no concern over right and wrong. It automatically comes down. (Not sure, but at the speed at which they do, it must be done without human involvement or oversight)…

Immediately it is blocked from being seen.  If the party posting it ever notices it is missing, they can file a DMCA Counter Notice. At this point, they don’t even know “who” you represent as the person requiring them to take it down… All they know you as, is that “cease and desist”person. Furthermore, if they contest it, they must blindly provide all their personal information to you in good faith, and they never get to know who filed the complaint, unless they ultimately pursue expensive legal action…

This makes it easy to manipulate. If you have an “enemy” at your job site (who maybe once asked you out and you refused, and then became your troll),  and you post something that is flattering to you, he or she can file a DMCA for no reason, making it immediately go away for a minimum of 10 days and force you to counter and go through the human chain to get it restored. This flawed system is unequally balanced and currently is tilted to allow anyone to use a bullying tactic of forcing immediate take-downs of anything one doesn’t want the public to see… rightly or wrongly.

At the time of the law’s inception, this was originally deemed a good thing.  At that time this immediate course of action was seen as the better alternative over allowing copyright infringement to continue indefinitely until a case was resolved in court…. So for now, the burden of proof fully rests on the defendant of a takedown request to prove he is allowed to show the item.

 

Ok. You got a notice. So what do you do?  Well if you are Samsung, and it’s Apple who files a takedown of all mention of your newly rolled-out product, … you file a counter notice…

 

That same privilege extends to you against Pearson.

Copyright owners sometimes send bogus takedown notices that have no basis in law or fact, which are meant solely to intimidate the target. A prompt counter-notice can make these empty threats go away for good.

Here is how you do it:

First, make a backup copy of all the material that you will have to delete. You may need this when you want to restore your web page. Then remove the material in question from your web page. You may substitute a brief note informing potential page viewers that a DMCA attack has been filed against your web page and the material has been temporarily deleted for 10 business days while you contest the DMCA charge via a “Counter Notification Letter”.

Secondly, you should file a counter takedown letter. Provided in the initial takedown will be information on how to contact the ISP, (in our case either Twitter or Blogspot.)

Here is the standard form-letter used by corporate America in their dealings with each other. Customize it to fit your situation…..

==========================================================================

Dear Internet Service Provider:

This letter is written in response to your notification to me of a complaint received about my web page(s). The pages in question are:

(insert list of URLs here)

My response to this complaint is as follows: (include all that apply from list below)

Allegations of Copyright Violation / Digital Millennium Copyright Act

The claims of copyright violation should be rejected because:.

*The material in question is not copyrighted, or the copyright has expired. It is therefore in the public domain and may be reproduced by anyone.

*The complainant has provided no copyright registration information or other tangible evidence that the material in question is in fact copyrighted, and I have a good faith belief that it is not. The allegation of copyright violation is therefore in dispute, and at present unsupported.

*The complainant does not hold the copyright to the material in question, is not the designated representative of the copyright holder, and therefore lacks standing to assert that my use of the material is a violation of any of the owner’s rights.

*Provide a complaint in written form. [17 USC 512(c)(3)(A)]

*Include a physical or electronic signature of the complainant. [17 USC 512(c)(3)(A)(i)]

*Identify the specific copyrighted work claimed to be infringed, or, if multiple copyrighted works are covered by a single complaint, provide a representative list of such works. [17 USC 512(c)(3)(A)(ii)]

*Provide the URLs for the specific files on my web site that are alleged to be infringing. [17 USC 512(c)(3)(A)(iii)]

*Provide sufficient information to identify the complainant, including full name, mailing address, telephone number, and email address. [17 USC 512(c)(3)(A)(iv)]

*Include a written statement that the complainant has a good faith belief that use of the disputed material is not authorized by the copyright owner, its agent, or the law. [17 USC 512(c)(3)(A)(v)]

*Include a written statement that the information in the notification is accurate, and under penalty of perjury, that the complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. [17 USC 512(c)(3)(A)(vi)]
=====

This communication to you is a DMCA counter notification letter as defined in 17 USC 512(g)(3):

I declare, under penalty of perjury, that I have a good faith belief that the complaint of copyright violation is based on mistaken information, misidentification of the material in question, or deliberate misreading of the law.

My name, address, and telephone number are as follows:

(address here)

I hereby consent to the jurisdiction of Federal District Court for the judicial district in which I reside (or, if my address is outside the United States, any judicial district in which you, the ISP, may be found).

I agree to accept service of process from the complainant.

My actual or electronic signature follows:

(electronic or actual signature here)

Having received this counter notification, you are now obligated under 17 USC 512(g)(2)(B) to advise the complainant of this notice, and to restore the material in dispute (or not take the material down in the first place), unless the complainant files suit against me within 10 days.

==========================================================================

As soon as the service provider receives your letter…. it notifies the complainant and awaits their response.

The downside is that as part of the “Counter Notification Letter” you  DO have to state that you will accept a lawsuit from the “Cease and Desist” people.

(Before you send a counter-notice, you should consider carefully whether you are in fact infringing the complaining party’s copyright. There are two reasons for you to consider this carefully. First, the counter-notice requires you to state, under penalty of perjury, that you have a good faith belief that your material was wrongly removed. You do not want to make this claim lightly because it might come back to haunt you. Second, if the complaining party has a good infringement claim, sending a counter-notice may trigger a lawsuit. If you are not prepared to stand up for your use of the copyright owner’s work in a lawsuit, you should think twice about firing back a counter-notice.)

Initially this sounds frightening but it actually works in your favor. For if you were actually infringing on the original “Cease and Desist” people, they could and would have legitimately already filed a lawsuit against you without using the DMCA – thus this requirement on the “Counter Notification Letter” does not open you up to anything that you weren’t already liable for. To pursue, the original “Cease and Desist” people must file a lawsuit IN YOUR DISTRICT COURT if they want to continue. Frequently this would involve travel and legal expenses on their part. If they do not file a lawsuit (most likely outcome), your web host will restore your web page on the tenth day and you are back in business again.

If they do sue, and what you are exposing IS important for society to know… there are some other tricks you can use to keep the material up, tricks which can be loosely defined as making multiple copies and spreading them all over the Internet.  Unless there is a specific instruction stopping you, there is nothing to prevent you from creating another web page that has essentially the same information. If the original page had illustrations, alter them slightly (use any photo editor, add arrows, captions, etc.) so they are “different”. Give the illustrations, and the page a new name (URL identifications), etc. Then put the new page up. If there were links to your old page, include both the link to the old page and your new page in these prior links. If nothing else, this will get your new page into Google’s indexes.

You could even open a new website using the “Free” website offers that are available from many web hosts. Just use the old material on your new free website. Be sure to include a link from somewhere in your old website to “Another example of <whatever> can be found at <your new free website>”. This link will be all that Google needs to get your new website into Google’s index. The object of course, is that you want people to be able to see what you are criticizing. The “Cease and Desist” people will eventually find out about the new website and may repeat the DMCA attack. However they will be spending more effort than you are, and will eventually be forced to give up.

Finally, bring up your problem in an online talk group – e.g. one of the Google Groups. If you are having a problem with the “Cease and Desist” people, the chances are there will be a lot of other people that aren’t happy about them either. Start a “thread” about your problem, and you will probably hear from a lot of people that would like to help. This might well included people outside the U.S. who are not subject to DMCA attacks.

As bloggers (still a new concept legally) you do have some protections. Already it is standard that short quotations will usually be fair use, not copyright infringement. The Copyright Act says that “fair use…for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.”  This seems to cover the expose of test questions if done for the public good, but not if stolen by a competitor, which would be theft. It will eventually rise to some court to ultimately decide on who has the upper hand here, the citizens of this country, or an LLC whose headquarters are in England.

American Copyright law particularly favors “transformative” uses — commentary, either praise or criticism, is better than straight copying — but courts have said that even putting a piece of an existing work into a new context (such as a thumbnail in an image search engine) counts as “transformative…

As long as you don’t intend on making money or having people substitute your questions for the ones on the test (laughable in this case), you maintain a great chance of never being sued.  Furthermore and the lawyers of Pearson know this, if in your expose`, you either mocked or parodied the questions, even criticizing them so effectively that no one wanted to by them, THAT STILL DOES NOT  count for having “an effect on the market” under copyright law…..

Furthermore, you are free to report the facts and ideas embodied in another person’s article or web page or test. Copyright only protects “the expression” — the “combination of words and structure” that expresses the factual information — not the facts themselves. By changing a few words around so it is not an exact duplicate, you become even further protected and insulated against court action.

Furthermore,  if  you can establish harm occurred to you in any way by a takedown notice (LLC’s use this all the time) you can use the DMCA’s section 512(f) to sue back.“Any person who knowingly materially misrepresents under this section (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.”

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So, see, the law IS not one sided, that is, as long as you pursue and engage in the process… Usually DMCA takedowns only involve one or two steps….

  1. Either the person receiving the takedown does not contest and removes the offending content as requested….
  2. Of, a counter notice is filed and after 10 days, the material can be reposted….

It rarely goes beyond…

For if Pearson were to file an injunction after you responded, there is nothing to stop you from opening a new website and reposting the material.  If they went after that, it would cost them double, and if it happened again, it would triple the expense they must undergo.  It is called putting money down a rabbit hole.

Why then are counter notices not more frequently done?

Most infringers (as well as most legitimate users) aren’t invested enough in their uploads to invest the energy to learn how to file a counter-notice or take the legal risk in filing one.

Furthermore most people who are subject to a DMCA takedown are unaware of the opportunity to file a counter-notice and many on-line hosts do a very poor job of explaining the process.

It is to this last point, that I address this post.  For the more you know about take-downs, the less you have to fear….

In this case, since we are dealing with the brains of little children and not with something we popped up on our website without thinking, it would be advantageous for everyone who reads this, to send their server a letter (feel free to copy from the above- it’s fair use) and hit Pearson back with as many counter notices as they sent notices…

The law is actually on your side, not their’s; as experts in the law, they know it.  They are just hoping you don’t…. and never find out……

But, there is one more reason, WHY everyone here who was ordered by Pearson to cease and desist, should file a counter notification…..

To bar repeat offenders, the DMCA law requires ISP providers to keep track of how many takedowns you get. Responding with a counter, puts you back to zero.  Right now, everyone who received a takedown notice has a “strike” against them. If you file a counter, that strike goes away… If you don’t, it stays…. you only get three and then you do get kicked off the internet. In today’s world, that is serious.

So before you forget. respond to your ISP and say the take down was done in error. You had fair use of the material.

 

Here are her educational proposals (in case you did not know).

A. Remold the entire American system for human resources development…scaling up the whole new human resources system nationwide over the next four years, using the (renamed) apprenticeship ideas as the entering wedge.

B. Create a seamless web of opportunities, to develop one’s skills that literally extends from cradle to grave.

C. It needs to be a system driven by client needs,  (Clients?)  guided by client’s clear standards and regulated on the basis of outcomes that providers produce for their clients.

D. Proposed Methods To Accomplish These Goals.

1) scaling up the whole new human resources system nationwide over the next four years, using the (renamed) apprenticeship ideas as the entering wedge.

2) combine initiatives on dislocated workers, a rebuilt employment service and a new system of labor market boards to offer the Clinton administration’s employment security program.

3) concentrate on the overwhelming problems of our inner cities, combining elements of the first and second packages into a special program to greatly raise the work-related skills of the people trapped in the core of our great cities.

4) advance the elementary and secondary reform agenda.

E.  Clear national standards of performance in general education and public schools are expected to bring all but the most severely handicapped up to that standard. Students get a certificate when they meet this standard, allowing them to go on to the next stage of their education.

F.  We have a national system of education in which curriculum, pedagogy, examinations, and teacher education and licensure systems are all linked to the national standards.

G.  We have a system that rewards students who only meet the national standard, with further education and good jobs, providing them a strong incentive to work hard in school.

H.   Our public school systems are reorganized to free up school professionals to make the key decisions. Most of the federal, state, district and union rules and regulations that now restrict school professionals’ ability to make these decisions, are swept away.

I.  There is a real — aggressive — program of public choice in our schools, rather than the flaccid version that is widespread now.

J.  All students are guaranteed that they will have a fair shot at reaching the standards: that is, that whether they make it or not depends only on the effort they are willing to make, and nothing else.

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Ok… here is my comment… Words can be used or misused.  If these ideas sound great to you, understand that all the measured results hinge on Item J above.

The current Smarter Balanced and PAARC through leaks made by students and teachers everywhere have been conclusively shown to be unfair to minorities, disabled, English language learners, the impoverished, or people who deeply believe in religion. All are put to a disadvantage compared to those who receive excessive stimulation from the cradle to kindergarten at home… To the difference of entering kindergarten with a 10,000 word vocabulary advantage…

The  biggest problem with Common Core, Race To The Top, the lowered NEAP scores, the drop in Smarter Balanced Scores over the previous DCAS, the pinning of teachers performance to the test, and school closures, etc.,…. is that the test is flawed… It is designed NOT to be fair, but the exact opposite… IT IS DESIGNED TO BE VERY UNFAIR AND SEPARATE THE WHEAT FROM THE CHAFF VERY EARLY ON……(“By 2nd grade we will know who and who is not, going to college” –Arne Duncun.)

If you are black; you will be 2nd class no matter how hard you work (no more black brain surgeons); if you are Hispanic and have parents who speak Spanish, no matter how hard you work, you will be 2nd class (no more conservative Hispanic immigrants running for Republican President); if you are disabled, sorry, automatically 2nd class; if you are gay or transgender, again sorry, you will be fixed to remain in the 2nd class; if you hail from fundamentalist religions, forget it, you will persecuted and designated 2nd class.  Bottom line: if you think differently from how an executive thinks,  your test guesses will not be correct, and you will never be given the opportunity to try your hand at making a decent living. Because:  “We” have already decided what you can or cannot be…

Now rereading that last paragraph, I know it could possibly sound to those who’ve not read previous in-depth test critiques,…. perhaps, a little overblown? Or stretching the fear envelope a little?

My simple answer is for you to take the test (click the blue colored link), find your child’s grade level and take the test yourself… (the answers are also there so you can check your results; if you disagree with the answers (you will), you can also see the reasoning (or lack of it) as to why they chose their answer…

If you don’t come away from that experience thinking this test is nothing but arbitrary in its questions and responses, then you too have great executive potential in this upcoming brave new world created in alignment with corporate values done without any input from teachers, parents, students, or school districts….

Boils down to this:  it’s the test, stupid… It’s all about the test…It is only about the test… Change the test and some of these ideas are not bad… Keep the test and they will doom the next generation of Americans to the complacency of just being adequate at best, or chaos at worst…

In the meantime, I’d recommend all educationally concerned parents to vote for someone other than Hillary.  Not for any personal reasons or for support to other candidates.  Just that her ideas for education are bad for the nation’s future.. That’s all.  If you reading this have any pull with her, get her to change her views, will you?

 

 

OneThird-FImage

This is disturbing.  One billion birds have disappeared from North American skies since the seventies…

One third of all North American birds are threatened with extinction….

It is time for significant action… We are past the time of stripping our  Earth for monetary profits.  It is time to use some of those profits to re-invest back into this business called LIFE……..

ConservationConcern-draft2-720x782

 

Some people still don’t get Bernie Sanders… it is not they are stupid, but they have never been exposed to the true message… All they hear is an interpretation of him which of course has been processed and comes directly from the corporate mentality which now owns the entire media….

So they can’t be blamed for not knowing what they do not know….. (although many people try)….

Soda…. Have you ever had a soda with so many bubbles it tickles your upper nasal passages?  I did on Sunday at Burger King… What’s up with that?

You can get the same effect if you open a 2 liter bottle and inhale immediately afterwards. But if you at home pour a cup of soda and leave it… what happens? Perhaps if you come back to it in an hour, it is still drinkable.  But if you wait long enough, it goes flat…

This is essentially what happened to our economy. … and particularly it is being felt by the middle class who now, like the poor people of the South prior to the sixties, see no change of their predicament ever coming in the future…  This death of hope is almost unAmerican…

So using this analogy of spent soda, here are the options for America… Hillary and Trump are fighting over the allotment of the few bubbles left…. and who gets them… Both accept the stale soda at face value. Bernie is talking about re-infusing carbonation back into the old soda.

That is the difference… There is no real difference between Trump and Hillary unless you are a woman… or of Mexican descent…. or a Muslim…. Other than that, at the end of 4 years you on average will be poorer, with more and more money going to the top percent. If you are in the top percent, there also will be no difference in 4 years depending on whether either Trump or Hillary take power, (unless of course you are a woman, Mexican, or Muslim.)  So the race the media wants to happen will pit whites against minorities, rednecks against liberals, and dominant males against strong women…

And since that is a playbook the media knows so well, that is the one they are hellbent on pushing us towards….

But we don’t have to play it… At least not yet…

Because there is the third option:  which is to put more bubbles back into the soda so there is enough for all.. Yes, those from whose tanks the CO2 will come from will moan and bitch but they won’t die.
Now in case you are still not not able to see the analogy, let me be clear.  The CO2 stands for economic activity or money.  The soda is our economy. And you,… are the drinkers of either a glass of soda, or kool-aid….. depending on who gets elected.

 

Just putting it out there.  Because we are all thinking it…..

We can’t change the past.  Our focus needs to be on why Howard is receiving “special” protection as these bits and pieces of reality slip past their ability to control all aspects of their information dissemination…

In plain language, why are the police, city, and state administrations proceeding in rather odd peculiar ways to each of these developments?

Our schools are not safe.

We don’t care if the rich have to pay more taxes.. We need it done… They can lose a teeny tiny bit of their future income so that real human beings don’t have to lose a son or daughter they send off one day to a public school…..

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