MPAA Shakes In Their Boots At Oral Arguments At
Ninth Circuit Court of Appeals In Hawaii; A Personal Account of
Events
I arrived at the Ninth Circuit Court of Appeals in
Hawaii at 9a.m. May 4, 2004, on the dot. On the other side was the MPAA lawyer
with his family. It looked like he was using my case as a way to treat the
family to a Hawaiian vacation and later write it off, maybe thinking that this
case was a big joke. Not knowing that our lawyer, Jim Fosbinder would be solid
as a rock talking to the three judges. Telling them in summary that no matter
what no one has the right to shut down the free press without a court action. Oral arguments Click to hear them. Audio File For Oral Arguments
As part of
the argument against the wrongful shutdown, Jim told the court to look at the
cover on Popular Mechanics, May 2004 issue and how they were telling customers
that the new age dawns for aircraft powered by miniature nuclear reactors.
Highly unlikely to be approved; especially in these times of international
tension on anti-terrorism. Any political radical would love to get their hands
on a flying nuclear bomb. Jim told the judges InternetMovies.com site was
acting like Popular Mechanics, trying to get customers attention just like any
other press to get memberships. Think about it; have you seen a movie trailer by
Hollywood that looked good you go to see the movie and you feel like you just
were hustled? This has happened to me lots of times. Hollywood’s foundation was
built on sensationalism, and they shut down InternetMovies.com on an alleged
false claim. Seems quite unfair.
In addition, Jim discussed 150
years ago the printing press was looked at as evil, due to the fact that someone
could be made to look guilty in the public eye. The supreme courts held that you
could not close down the press for portraying such an image without suing first.
The first amendment was to be abided by, no matter what. This trial is all about
following the good order of the law, but the MPAA closed down the
InternetMovies.com press, under the flawed DMCA, without a care in the world
about the first amendment. Judgment was passed onto InternetMovies.com by the
MPAA without a fair trial.
So the MPAA gets their turn to present
their case. The MPAA lawyer who looked calm as could be before our lawyer spoke
now gets up there and starts to shake. I mean really shake, where it was
so bad that we all saw it. Why was he shaking so badly? Not so much a piece of
cake proceeding for the mighty MPAA. Maybe it was because his family was looking
at him, waiting to get things over with so they could get to the beach. A
serious trial wouldn’t be in Hawaii, right? I think it is because Jim did a good
job and the MPAA lawyer was there to tell lies, lies, lies... just like they
been doing for a long time.
I think about the thousands of dollars
in press releases I have spent to get the story out there for the members and
public, but no studio owned media like CNN, ABC... picks up the story. We are in
the Ninth Circuit Court of Appeals and I am fighting to keep the first amendment
alive but Hollywood owns almost all the media outlets. There is no motivation
for an MPAA member company to put bad press on itself. An ABC (owned by
Disney = MPAA), reporter called me and did an hour interview with me over a year
ago. I called him back about further correspondence, but he told me that
InternetMovies.com is being blocked at ABC and he could not do the story since
MPAA member studios own them. Well, well, well I think they call that
censorship. Anyone in the Ninth Circuit Court of Appeals fighting the DMCA is on
front page news but not Michael Jay Rossi of InternetMovies.com, I know why now.
When the MPAA won the Rossi vs. MPAA in the District Court of Hawaii they did
not tell a soul about it. Why did they not put out press releases? They put out
press releases on all the other MPAA wins about the DMCA with other cases and
posted it on their website. What makes my case not worth talking about? It is
because they are 100% wrong and know it and do not want anyone to know about my
case and my company. They are trying to cover up this mess that someone made in
the MPAA. The MPAA told the court that they sent out over 30,000 cease and
desist (C&D) letters that year and I was the only one to fight back. Well
Ya! Who has the money and the time to fight back? It is damn scary to fight the
MPAA! I know it took me one year to get over the fear of being killed and saying
to my self: “I will die before they take my rights away from
me”.
I am a Veteran and they told me when I joined the Army, Army
Reserves and Army National Guard to protect the constitution of the United
States of America from friends and foe and to kill and die for the rights that
veterans before me died for. Dammed if they will step on my rights and others
and take them away, when others are dying daily on the front lines fighting to
preserve the very rights the MPAA is trying to dissolve from the constitution
with lobbyists as we sleep.
The MPAA lawyer, shaking in his boots,
continued to tell half truths in front of three judges of the United States of
America for the Ninth Circuit Court of Appeals about me and my website. He was
using a play on word "hustle" saying, that was my means of getting memberships
to InternetMovies.com. I will not let go to the end and hope my members help
with memberships to tighten the grip on the MPAA, and not let the snake go. The
MPAA did not think in their dreams that one little man, a handicapped veteran,
homeless just months ago trying to get off welfare with a new business idea
backed with supporting Internet users that cared could take them as far as you
and I have.
Thank you; thank you to my friends and supporting
members. Jim Fosbinder, our lawyer, said sitting on Waikiki beach just after the
dust settling; I bet you they wish they never sent you that letter
Mike.
Help me get the word out there even more. Send this
newsletter to your whole email list. The fight cannot die in the hands of
censored MPAA member news firms. WOM (Word Of Mouth) and memberships are the
most powerful weapon we have to fight them and restore our
rights.
The People’s Advocate
Michael Jay
Rossi
President
InternetMovies.com