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Government As a Secret Society
1.Information made available on an agency website but not in a searchable database format may not provide the research and investigative tool needed by the public. The Freedom of Access Act does not require that public information be posted online in any particular format, just that public records be made available. While there is a strong argument for increasing the accessibility and usefulness of information, there is no current requirement that the technology in place achieve that objective.
2.The collection of data and reports generated from that data may be public records but the agency is not required under the law to create a new record or report in response to a FOAA request. If the dataset you request does not exist, the agency may choose to produce it for any number of reasons but not because they are legally required to take such an action.
I appreciate your comments on this topic and I will continue to bring attention to the need for accessible, useful public data.
Brenda Kielty- as deceptive as they are condescending in their classification as "quality jobs" of the "targeted sector" jobs that government polices create for the upper echelons, thereby denigrating jobs below the upper crust or outside the "targeted sector" as less worthy of respect and of the public resources which the power elite collects and redistributes to the "targeted sector"
It is clear from the words above that the accessibility rhetoric posted on line is insincere .The words come across as if spoken by a bratty child taunting that "The rules say we must be accessible but don't mandate how to do so and so it is left up to our own discretion to be accessible or not. Nya! Nya! Nya! ". Clearly the power elite are prioritizing self protection over public knowledge and serving the interests of an insider's club and NOT the general public contrary to the claims made in statutes written to institute their power:
In order to fulfill these purposes and to make the best use of the State's limited resources, the Finance Authority of Maine shall consider the state economic development strategy and the policies and activities of the Department of Economic and Community Development in implementing its powers, duties and responsibilities. [1987, c. 534, Pt. B, §§5, 23 (NEW).]
The authority will serve a public purpose and perform an essential governmental function in the exercise of the powers and duties conferred upon it by this chapter. Any benefits accruing to private individuals or associations, as a result of the activities of the authority, are deemed by the Legislature to be incidental to the public purposes to be achieved by the implementation of this chapter. [1985, c. 344, §5 (AMD).] Quoted From the FAME Statute linked here in.FAME by another name might be called the State Bank Of Maine.
A Quasi Governmental Shocker!
Back in 2007 when I first encountered the quasi governmental network in the form of The New England Foundation For The Arts it was not possible to absorb and accept the intentionality of what I saw written before my eyes.
In those days I believed I had already entered our business information in all the online directories for business and the arts in New England and so I was quite surprised when I came across the directory for the New England Foundation for the Arts. When I proceeded to add our information to the directory. which is now called Culture Count , I was again surprised to find that unlike other directories, NEFA required registration.When I read the NEFA Terms of Agreement I was shocked. The word "Marxism" immediately came to mind- but in those days, a year before Barack Obama made his appearance on the national scene, socialism, communism, and Marxism were not words commonly found in the public discourse.
Note December 2014 - I recently learned that NEFA is publishing two agreements- one opens up when a person registers and is in line with standards set by Google and Adobe. The original agreement, which I have been protesting since 2007 opens up in the link found in the footer of their website. The links in my blog posts at the time I wrote this post opened to the original Terms of Agreement but now open to the new version and so it is fair to assume that since the time I wrote this blog, changes were made. I am now redirecting the links to correspond to the original Terms still published in the footer of the NEFA website- which corresponds with what existed at the time I wrote this post and will be looking into this matter further.
The first words in the terms of agreement establish NEFA as a qusai governmental organization:
Welcome to the CultureCount™ website ("site") administered and operated by the New England Foundation for the Arts ("NEFA," "We," "Us," "Our") in partnership with the state arts agencies of Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont. The purpose of this site is to serve as a resource for others in the artistic, cultural, and creative communities throughout the New England area.This is followed by an assertion that whether one registers or not, the act of performing a search on the "CULTURECOUNT™ SITE",means the searcher will " BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED THEREIN REGARDLESS OF HOW OFTEN YOU USE THIS SITE. THIS AGREEMENT SHALL HAVE THE SAME LEGAL EFFECT AND FORCE AS A WRITTEN AND SIGNED DOCUMENT BY YOU."
This likely means that the data base can capture the internet identities of all who use the search function on the data base"site" as I just did to find the terms of agreement- and so according to the totalitarian decree found above- even before I read the terms of agreement, I have already agreed to those terms for having searched for the terms on the culture count site, and since those terms include a prohibition against linking to any page other than CultureCounts home page, I have already violated the contractual agreement of this fascistic organization. This makes authentic context for a Kafkaesque novel!- Only such a novel would actually be historical fiction.
The agreement provides that Culture Count has the right to deep link to the registered users webpages if there is a link published in the Culture Count Directory- and that Culture Count can claim ownership to any information to which it can "deep link"- with the parameters of "deep linking" left undefined.
7. Linking and Framing. You agree not to bypass or attempt to bypass the home page of Our site and “deep link” to any other page in Our website, or frame Our content within another website or copy, or use it in another medium without Our express written permission. You hereby give Us the right, however, to create a deep link to certain pages on Your website for the purpose of offering access to content that We, in Our sole discretion, determine to be appropriate for the CultureCount™ site. * see passage from Tumblir's Agreement at tthe end of this post for comparison
The above format is consistent through out- NEFA protects itself against all use by others of the same use rights that it grants unto itself over all submitted materials.
In a manner consistent with that found in Maine economic development statutes, the Culture Count Terms of Agreement appears on a fast glance to be protecting the rights of others, but upon further examination, contain caveats, similar in form to Brenda Kielt's response above, that allow NEFA all the loopholes it needs to evade protecting the rights of others.
7......If You discover a link on the site which makes illegal or infringing content available to Our users or other parties, please notify Us so that We may determine, in Our sole discretion and pursuant to Section 12, whether to remove, disable, or otherwise modify it.Section 12 is a doozy but I'll get to that . Next we have Section 8 which is the heart of The NEFA Terms of Agreement in which NEFA Claims ownership of the users submitted (and deep linked) content:
8. License. By submitting any content to Our site, You grant to Us a perpetual, unlimited, irrevocable, royalty-free, non-exclusive, assignable, and worldwide license, to make, copy, perform, publish, display, distribute, transmit, translate, modify, prepare derivative works and use the content in other works in any form, media, or technology now known or hereinafter developed for the full term of any rights that may exist in that content. You also agree to waive and never assert any moral rights that You may have in the content submitted to Us.At the time I first discovered this Terms of Agreement, I researched other online Terms of Agreement published by Google and Adobe and found similar language, the difference being that Google and Adobe included limiting parameters on their own usage which comes across as reasonable- Not So with NEFA which by the letter of the law is claiming unlimited and eternal rights over content "submitted" to their site- The exact wording being "submitted" and not "published" !
The title of Section 12 belongs categorically with the character self references found in FAME as posted above: It is priceless!
12. Good Samaritan Content and Complaint Procedures Policy.This section provides copyright protection against "another user or other third party" but no protections against infringements by NEFA which has already claimed its rights to do anything it wants with any submitted content-. The protection is provided under the usual NEFA terms- we will protect your copyright only if we feel like it.
For such a total lack of committment to protect the users content in any way whatsoever NEFA crowns itself a "Good Samaritan"- which perhaps is appropriate because Samaritans are Good by their own free will, which is the limit of what NEFA protection of users rights provides- If we feel like it- at our own discretion !
And in exchange for the gloroius goodness of this quasi governmental organization, NEFA puts some icing on the cake with this doozy:
d. Waiver of Claims and Remedies. We expect all users of Our site to take responsibility for their own actions and cannot and do not assume liability for any acts of third-parties which take place at Our site. By taking advantage of the Good Samaritan procedures set forth herein, YOU WAIVE ANY AND ALL CLAIMS OR REMEDIES WHICH YOU MIGHT OTHERWISE BE ABLE TO ASSERT AGAINST US UNDER ANY THEORY OF LAW (INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY LAWS) THAT ARISE OUT OF OR RELATE IN ANY WAY TO THE CONTENT AT THIS SITE OR OUR RESPONSE, OR FAILURE TO RESPOND, TO A COMPLAINT.
Got it? NEFA may, if it sees an advantage in it, protect your copyrights against infringement by others in exchange for which it expects complete freedom to infringe upon your rights absolutely and completely!
State Ownership of Intellectual Property = Marxism
Bottom line - this is about ownership of the people's creativity- a claim to ownership also found in the special act of legislation that chartered the non-profit corporation, The Maine Technology Institute
2. Organization. The board has all the powers and authority, not explicitly prohibited by law, necessary or convenient to carry out and effectuate the functions, duties and responsibilities of the fund, including, but not limited to: ( emphasis mine)
G. Owning intellectual property, licensing intellectual property and negotiating for and collecting royalty rights or otherwise realizing a return on investment made under the fund and all programs of the institute when appropriate in order to promote the interests and investments of the State in furthering science and technology; and [2003, c. 20, Pt. RR, §18 (AFF); 2003, c. 20, Pt. RR, §7 (NEW).]
When the state owns the means of production - it is Marxism .
According to this article on Communism published by Stanford University, "intellectual property rights " are included in "ownership of the means of production"
Perspectives on public goods and property rights are a fundamental part of communist theory and philosophy. Much of the core tenets of modern communism stem from their ideas on public property and the definition of ownership in society. Communist philosophy argues against private property and supports collective ownership. This philosophy applies specifically to intellectual property and software. The common view is that no person should on their own or control any property, whether electronic, merely an idea, or otherwise.( emphasis mine)
Communist Philosophy on Property
Communist philosophy centers around the control of the "means of production" in society. This means of production is the physical and labor capital that is used to produce the different goods in society.
Maine State Constitution Protects Against A Marxist Transformation from Within
The Maine constitution prohibits the legislature chartering corporations by special act of legislation and would protect our state from being fundamentally transformed by Marxism if it were honored by our law makers, who have taken oaths to uphold our constitution but seem to be working in the service of a secret society instead.
In fact the entire MTI Corporation is explicitly prohibited by law- that law being Article IV Part Third Section 14 of the Maine State Constitution which states:
Maine State Constitution Section 14. Corporations, formed under general laws. Corporations shall be formed under general laws, and shall not be created by special Acts of the Legislature, except for municipal purposes, and in cases where the objects of the corporation cannot otherwise be attained; and, however formed, they shall forever be subject to the general laws of the State. ( emphasis mine)
1. Establishment. The Maine Technology Institute, as established in section 12004-G, subsection 33-D, is a nonprofit corporation with public and charitable purposes. The duties, activities and operations of the institute are within the provisions of the federal Internal Revenue Code, Section 501(c)(3).[ 1999, c. 401, Pt. AAA, §3 (NEW) .] ( emphasis mine)
In fact the public and charitable purpose of the Maine Technology Institute is to redistribute public and non-profit resources to the new private owners of the means of production, a class called "the targeted sector" in statutes written by the Maine legislature.
Something else worth noting: Countless Tumblr blogs have gone on to spawn books, films, albums, brands, and more. We're thrilled to offer our support as a platform for our creators, and we'd never claim to be entitled to royalties or reimbursement for the success of what you've created. It's your work, and we're proud to be a part (however small) of what you accomplish.- Copied and pasted from Tumblr's current online agreement