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mostlysignssomeportents · 5 months

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It all started with a mouse

For the public domain, time stopped in 1998, when the Sonny Bono Copyright Act froze copyright expirations for 20 years. In 2019, time started again, with a massive crop of works from 1923 returning to the public domain, free for all to use and adapt:

https://web.law.duke.edu/cspd/publicdomainday/2019/

No one is better at conveying the power of the public domain than Jennifer Jenkins and James Boyle, who run the Duke Center for the Study of the Public Domain. For years leading up to 2019, the pair published an annual roundup of what we would have gotten from the public domain in a universe where the 1998 Act never passed. Since 2019, they've switched to celebrating what we're actually getting each year. Last year's was a banger:

https://pluralistic.net/2022/12/20/free-for-2023/#oy-canada

But while there's been moderate excitement at the publicdomainification of "Yes, We Have No Bananas," AA Milne's "Now We Are Six," and Sherlock Holmes, the main event that everyone's anticipated arrives on January 1, 2024, when Mickey Mouse enters the public domain.

The first appearance of Mickey Mouse was in 1928's Steamboat Willie. Disney was critical to the lobbying efforts that extended copyright in 1976 and again in 1998, so much so that the 1998 Act is sometimes called the Mickey Mouse Protection Act. Disney and its allies were so effective at securing these regulatory gifts that many people doubted that this day would ever come. Surely Disney would secure another retrospective copyright term extension before Jan 1, 2024. I had long arguments with comrades about this – people like Project Gutenberg founder Michael S Hart (RIP) were fatalistically certain the public domain would never come back.

But they were wrong. The public outrage over copyright term extensions came too late to stave off the slow-motion arson of the 1976 and 1998 Acts, but it was sufficient to keep a third extension away from the USA. Canada wasn't so lucky: Justin Trudeau let Trump bully him into taking 20 years' worth of works out of Canada's public domain in the revised NAFTA agreement, making swathes of works by living Canadian authors illegal at the stroke of a pen, in a gift to the distant descendants of long-dead foreign authors.

Now, with Mickey's liberation bare days away, there's a mounting sense of excitement and unease. Will Mickey actually be free? The answer is a resounding YES! (albeit with a few caveats). In a prelude to this year's public domain roundup, Jennifer Jenkins has published a full and delightful guide to The Mouse and IP from Jan 1 on:

https://web.law.duke.edu/cspd/mickey/

Disney loves the public domain. Its best-loved works, from The Sorcerer's Apprentice to Sleeping Beauty, Pinnocchio to The Little Mermaid, are gorgeous, thoughtful, and lively reworkings of material from the public domain. Disney loves the public domain – we just wish it would share.

Disney loves copyright's other flexibilities, too, like fair use. Walt told the papers that he took his inspiration for Steamboat Willie from Charlie Chaplin and Douglas Fairbanks, making fair use of their performances to imbue Mickey with his mischief and derring do. Disney loves fair use – we just wish it would share.

Disney loves copyright's limitations. Steamboat Willie was inspired by Buster Keaton's silent film Steamboat Bill (titles aren't copyrightable). Disney loves copyright's limitations – we just wish it would share.

As Jenkins writes, Disney's relationship to copyright is wildly contradictory. It's the poster child for the public domain's power as a source of inspiration for worthy (and profitable) new works. It's also the chief villain in the impoverishment and near-extinction of the public domain. Truly, every pirate wants to be an admiral.

Disney's reliance on – and sabotage of – the public domain is ironic. Jenkins compares it to "an oil company relying on solar power to run its rigs." Come January 1, Disney will have to share.

Now, if you've heard anything about this, you've probably been told that Mickey isn't really entering the public domain. Between trademark claims and later copyrightable elements of Mickey's design, Mickey's status will be too complex to understand. That's totally wrong.

Jenkins illustrates the relationship between these three elements in (what else) a Mickey-shaped Venn diagram. Topline: you can use all the elements of Mickey that are present in Steamboat Willie, along with some elements that were added later, provided that you make it clear that your work isn't affiliated with Disney.

Let's unpack that. The copyrightable status of a character used to be vague and complex, but several high-profile cases have brought clarity to the question. The big one is Les Klinger's case against the Arthur Conan Doyle estate over Sherlock Holmes. That case established that when a character appears in both public domain and copyrighted works, the character is in the public domain, and you are "free to copy story elements from the public domain works":

https://freesherlock.files.wordpress.com/2013/12/klinger-order-on-motion-for-summary-judgment-c.pdf

This case was appealed all the way to the Supreme Court, who declined to hear it. It's settled law.

So, which parts of Mickey aren't going into the public domain? Elements that came later: white gloves, color. But that doesn't mean you can't add different gloves, or different colorways. The idea of a eyes with pupils is not copyrightable – only the specific eyes that Disney added.

Other later elements that don't qualify for copyright: a squeaky mouse voice, being adorable, doing jaunty dances, etc. These are all generic characteristics of cartoon mice, and they're free for you to use. Jenkins is more cautious on whether you can give your Mickey red shorts. She judges that "a single, bright, primary color for an article of clothing does not meet the copyrightability threshold" but without settled law, you might wanna change the colors.

But what about trademark? For years, Disney has included a clip from Steamboat Willie at the start of each of its films. Many observers characterized this as a bid to create a de facto perpetual copyright, by making Steamboat Willie inescapably associated with products from Disney, weaving an impassable web of trademark tripwires around it.

But trademark doesn't prevent you from using Steamboat Willie. It only prevents you from misleading consumers "into thinking your work is produced or sponsored by Disney." Trademarks don't expire so long as they're in use, but uses that don't create confusion are fair game under trademark.

Copyrights and trademarks can overlap. Mickey Mouse is a copyrighted character, but he's also an indicator that a product or service is associated with Disney. While Mickey's copyright expires in a couple weeks, his trademark doesn't. What happens to an out-of-copyright work that is still a trademark?

Luckily for us, this is also a thoroughly settled case. As in, this question was resolved in a unanimous 2000 Supreme Court ruling, Dastar v. Twentieth Century Fox. A live trademark does not extend an expired copyright. As the Supremes said:

[This would] create a species of mutant copyright law that limits the public’s federal right to copy and to use expired copyrights.

This elaborates on the Ninth Circuit's 1996 Maljack Prods v Goodtimes Home Video Corp:

[Trademark][ cannot be used to circumvent copyright law. If material covered by copyright law has passed into the public domain, it cannot then be protected by the Lanham Act without rendering the Copyright Act a nullity.

Despite what you might have heard, there is no ambiguity here. Copyrights can't be extended through trademark. Period. Unanimous Supreme Court Decision. Boom. End of story. Done.

But even so, there are trademark considerations in how you use Steamboat Willie after Jan 1, but these considerations are about protecting the public, not Disney shareholders. Your uses can't be misleading. People who buy or view your Steamboat Willie media or products have to be totally clear that your work comes from you, not Disney.

Avoiding confusion will be very hard for some uses, like plush toys, or short idents at the beginning of feature films. For most uses, though, a prominent disclaimer will suffice. The copyright page for my 2003 debut novel Down and Out in the Magic Kingdom contains this disclaimer:

This novel is a work of fiction, set in an imagined future. All the characters and events portrayed in this book, including the imagined future of the Magic Kingdom, are either fictitious or are used fictitiously. The Walt Disney Company has not authorized or endorsed this novel.

https://us.macmillan.com/books/9781250196385/downandoutinthemagickingdom

Here's the Ninth Circuit again:

When a public domain work is copied, along with its title, there is little likelihood of confusion when even the most minimal steps are taken to distinguish the publisher of the original from that of the copy. The public is receiving just what it believes it is receiving—the work with which the title has become associated. The public is not only unharmed, it is unconfused.

Trademark has many exceptions. The First Amendment protects your right to use trademarks in expressive ways, for example, to recreate famous paintings with Barbie dolls:

https://www.copyright.gov/fair-use/summaries/mattel-walkingmountain-9thcir2003.pdf

And then there's "nominative use": it's not a trademark violation to use a trademark to accurately describe a trademarked thing. "We fix iPhones" is not a trademark violation. Neither is 'Works with HP printers.' This goes double for "expressive" uses of trademarks in new works of art:

https://en.wikipedia.org/wiki/Rogers_v._Grimaldi

What about "dilution"? Trademark protects a small number of superbrands from uses that "impair the distinctiveness or harm the reputation of the famous mark, even when there is no consumer confusion." Jenkins says that the Mickey silhouette and the current Mickey character designs might be entitled to protection from dilution, but Steamboat Willie doesn't make the cut.

Jenkins closes with a celebration of the public domain's ability to inspire new works, like Disney's Three Musketeers, Disney's Christmas Carol, Disney's Beauty and the Beast, Disney's Around the World in 80 Days, Disney's Alice in Wonderland, Disney's Snow White, Disney's Hunchback of Notre Dame, Disney's Sleeping Beauty, Disney's Cinderella, Disney's Little Mermaid, Disney's Pinocchio, Disney's Huck Finn, Disney's Robin Hood, and Disney's Aladdin. These are some of the best-loved films of the past century, and made Disney a leading example of what talented, creative people can do with the public domain.

As of January 1, Disney will start to be an example of what talented, creative people give back to the public domain, joining Dickens, Dumas, Carroll, Verne, de Villeneuve, the Brothers Grimm, Twain, Hugo, Perrault and Collodi.

Public domain day is 17 days away. Creators of all kinds: start your engines!

If you'd like an essay-formatted version of this post to read or share, here's a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:

https://pluralistic.net/2023/12/15/mouse-liberation-front/#free-mickey

Image: Doo Lee (modified) https://web.law.duke.edu/sites/default/files/images/centers/cspd/pdd2024/mickey/Steamboat-WIllie-Enters-Public-Domain.jpeg

CC BY 4.0 https://creativecommons.org/licenses/by/4.0/deed.en

#pluralistic #copyfight #scotus #mickey mouse #public domain #ip #contract #trademark #tm #jennifer jenkins #copyright #disney #nominative use

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sauerkrauted · 2 years

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in an honorable attempt to radicalize my mother I have created an annoying neoliberal that wont stop telling me bad news

#help #leftist #neoliberalism #she'll say something where im like hell yeah comrade #then the next she'll say she was a victim of reverse racism #ma'am #and she wont stop talking about how much she hhates trump #we get it #everyone with a concious hates trump #im emotionally exhausted now can we talk about how much i hate grass

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garudabluffs · 2 years

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Was the Russian Media Trolling Us or Is Trump Our Man in Moscow?

Is Donald Trump our man in Moscow? August 27, 2022

“Petulant revenge against the American people for not returning him to the office he seems to think is his – and his alone.

Don’t for a minute think that in the bottom of his heart, Trump doesn’t know as well as anyone that he lost. That a large majority of the American people want no part of him.

Can’t you just hear him thinking, “If I’m going down, America, I’m taking you down with me!”

That would certainly be a Trumpy sort of thing to do. According to David Corn, Trump has always been obsessed with getting even with anybody who crosses him.

Of course, it’s not impossible Trump really did just take the documents for no more nefarious purpose than his own narcissism and greed for cool souvenirs of his days in the White House.”

READ MORE https://buzzflash.com/articles/david-jay-morris-for-buzzflash-was-the-russian-media-trolling-us-or-is-trump-our-man-in-moscow?utm_source=WhoWhatWhy+Now&utm_campaign=d860f0e905-EMAIL_CAMPAIGN_2_1_2021_16_41_COPY_01&utm_medium=email&utm_term=0_6b3f79a618-d860f0e905-251584333

Spies at risk after Mar-a-Lago controversy Aug. 29, 2022

The risk to spies in the field is one reason why, according to the US Justice Department, the FBI took the dramatic step of searching former President Donald Trump's residence at Mar-a-Lago. The department believed that some of the classified documents recovered there could have posed a serious danger to the United States’ human intelligence sources. Rolf Mowatt-Larssen was a CIA station chief in Moscow, and he explains to The World’s host Carol Hills how the handling of the documents poses a danger to those providing intelligence.

LISTEN 4:47 https://theworld.org/media/2022-08-29/spies-risk-after-mar-lago-controversy

#Trump Comrade Trump

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vomitdodger · 2 months

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Get ready. This is the test run to gauge the response, outrage and repercussions for comrade Biden violating the Supreme Court.

Think the DOJ will correct this, punish him, or otherwise rescind this in some matter? Not a chance.

Think the GOP will do anything other than post tweets about it? Nope.

Nothing will happen except moral outrage and further contempt.

And the NEXT violation will be even bigger. It’s the setup for any insurance they might need going forward to destroy America and prevent Trump from running and then winning. Well…one of their insurance cards.

The fake bomb hoax on Jan 5/6 was their insurance card last time in case the “insurrection” narrative didn’t work. It’s being fully exposed now but again, nothing will come of it.

The run up to the election is gonna be wild and dangerous.

Stay frosty!

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memeboud · 2 months

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FYI according to my admittedly elementary calculations;

At $399 per pair of clown shoes. Comrade Trump will need to sell approximately 12 million pairs to cover his fraud penalties alone. He'll need to sell about 220 thousand more pair to pay the penalty owed for defaming E J Carroll. This guy must be exhausted from all the winning he's doing!

But lucky for Comrade Trump, Russia will bail him out. Because his work is vital to the completion of their takeover of the USA.

#crooked donald #republican assholes #fuck trump #winning

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to2llynottoby · 6 months

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Comrade Donald Trump was recently interviewed on how his impending trial would affect his plans to, in his own words, "dignify and unite the workers of the world". This is what he had to say on the matter in a recent speech

#to2lly not va #donald trump #juche trump #if anyone has the original post where someone wrote this monologue #i would be happy to link it #but it's been a while and i can't find it

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liberalsarecool · 1 year

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Abusive men like Trump see Koresh as a like-minded comrade. The pedophilia binds them.

Sex with children is OK if you're MAGA.

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fitsofdespair · 2 months

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i have hesitated to say anything before now. in part because i removed myself from fandom discourse and really from actively discussing iwtv a year ago. i consider it all a lose-lose situation.

but also because i’m generally of the opinion that black fans don’t need people to be their white saviors, least of all me. black people have never been saved by white people. they were never just given anything when it comes to strides in equality, they fought for it and still fight for it, against constant violent pushback every step of the way. only instead of the good ole’ days when racists just called those fighting for equality uppity, they’re now “bullies” for daring to call you out on your shit after the repeated condescension and the resulting harassment you’ve exhibited towards them.

in this day and age the word bully has zero meaning anymore. i mean come on, melania trump calls people mean about her husband bullies. elon musk thinks he’s being bullied by twitter users, though he clearly holds all the power and is absolutely the problem. its become a meaningless word that goliaths use to call davids because they won’t use the real word they actually want to say. some of these popular blogs are not being bullied, they’re being held accountable for their own actions.

it’s pretty disgusting the number of you who decided to identify strongly with these users that not only fail to question their own racial biases but have gone so far as to suggest black people don’t face racism anymore. this is so fucked. tbh it can be argued in many ways white people, especially in the deep south where i’m from, are inherently raised steeped in racism, even if its not direct. just because your family aren’t ostensibly racist doesn’t mean they didn’t bake their own little prejudices into your upbringing and being raised in your environment didn’t encourage them. even if you don’t see yourself as racist, you have to unlearn all this shit, even if it never once occurred to you that you are part of it. just cause you believe in equality and don’t hate people for their color or cultural background does not make you free of perpetuating microaggressions against them. this applies to fans across the world of course. (like for you white euro iwtv fans, you may say you have no problem with black people but i’ve heard some wild things some of yall have to say about the turks.)

i understand that probably half or more of you are not usamericans. but no matter what environment you live in, no matter where you were raised, there is no excuse for your behavior. just because YOU don’t see racism in your day to day life or are in the more likely situation, too blindly comfortable in your place in society to notice it right in front of your face, doesn’t mean it doesn’t exist as a constant presence in other parts of the world or isn’t deeply ensconced in online rhetoric.

so for you white iwtv fans who can’t be fucked to mention let alone defend people you, in many cases once called friend, against the absolute horseshit your current comrades are spewing wrapped up in their nice safe cocoons of victimhood, i hope you do some serious soul searching to figure out if this is who you are, a person too cowardly to call out a friend because it might cost you their friendship. a person quick to condemn others on hearsay because you couldn’t be fucked to wonder am i on the right side of this? and if you do manage to get wise and change your mind, remember its not unforgivable to say, you know what? i was wrong. i wrote in an old post that the hallmark of being a functional adult is changing your views accordingly when you learn new information or even just ruminate on what you know (i myself was a little bitch about ep 5 when it first dropped until i had to sit down and ask myself why i was actually feeling some kind of way about it). dying on a hill is not all its cracked up to be. being told you’re wrong is not always a personal attack and its often an opportunity for improvement if you can be bothered to genuinely hear other people out. an alarming number from all walks of life never figure that out. for my part, i am still learning and hope i never stop learning.

while that sentiments all nice and gooey (i mean them, but i understand its still sacharine to put out there), i am still guilty for not having directly written anything about this until now. and thats on me and i earned any flack i get for that. again, i am more of the mindset that black people don’t need white spokespeople, but that doesn’t mean they'll mind allies. and as a sidebar, going out of your way to say you are rising “above the noise” or “ignoring the drama” is absolutely your right, but it does not make you superior. it just makes you complacent with the status quo. i mean as long as you get to squee!! about anything and everything who cares about other people, right?

#and to be clear since i think some people may be a bit confused: i’m admonishing user nalyra-dreaming and their followers #some people who reblogged seem to not understand that #iwtv #interview with the vampire #alex.txt

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reality-detective · 3 months

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A brief write up of my personal story. 👇

I haven't been lucky in life with getting my way, I've worked hard for everything including vehicles for myself since I got divorced in 2013 and then it got worse, I lost everything. I had 2 Harley Davidsons, a 1976 FLH shovelhead and a 1990 Ultra Classic, I had a 2010 Ford Edge and a nice house with an in ground pool (16' x 32') and a hot tub. I lost it all.

I had health issues in 2015 which damn near killed me. I continued on a downward spiral with depression and anxiety, the feeling of worthlessness, it seemed as if my life was out of control. I fell into the BIG pharma scam and walked out of an intensive care unit where I spent 2 weeks in and 3 weeks out of an ICU hospital stay with 16 different prescriptions and half were psych meds.

I fell as far as one could fall, I was contemplating suicide and then in the twinkling of an eye my life changed, I went cold turkey on all medications but one. My head lost the fogginess and I was able to think.

I went through my Dark Knight of the Soul which wasn't easy, It took me a couple of years to get through that, but I gotta say Q and having Trump as president shook me awake even more as I watched all this unfold while I fought my own demons.

I have totally regrouped my physical, mental and spiritual well-being. I'm not ashamed of the path I took because now it all makes sense and validates where I am today.

I have a small circle of friends but the ones I do have are rock solid brothers and sisters from another mother and that includes the comrades I have met from different countries throughout this war. I have excellent connections in the Netherlands, Germany, Georgia (the country), the UK, and Australia.

Anyway the point of my story is to just share more of my personal struggles, my experience, where I'm at and where I'm going. This IS a spiritual war, this IS biblical and this IS historical. It's the greatest time ever to be alive.

My life has turned a complete 180° although I don't have anyone special to share my life with I feel it is still complete, I'm happy, I have another motorcycle and a nice vehicle, a roof over my head and the blessings just keep coming. Throughout all the shit this old soul has been through I will say this: "It doesn't matter what material bullshit you have in life it's not going to make you happy if you don't have yourself. If you lose yourself, you have nothing, even if you have everything."

- My name is Terry, I was banned from Fakebook, I had a Twitter account for 6 months before being tossed off there. I had a Tumblr account for years until Trump was elected, then I was deactivated, opened another account/deactivated, so I opened another account... Boom 💥 deactivated a again. So I opened a 4th account only to be booted again but I fought them this time. As that battle continued for 8-10 months. Meanwhile I opened a 5th account which is what I use here. 10 months later I won the battle to get my 4th account reactivated which is called constantly-deactivated (now my backup account.)

Stay positive, never surrender and for God's sake... "TAKE CARE OF YOURSELF" Don't ever lose yourself, self care is important especially NOW.

We're nearing the end of this show and remember... 👇

Never give up on yourself, keep climbing thos stairs. 🤔

I care deeply about humanity surviving, you have no idea what you really are. You are the universe, seriously 💫

I Love you all. 💜

#pay attention #educate yourselves #educate yourself #knowledge is power #reeducate yourself #reeducate yourselves #think about it #think for yourselves #think for yourself #do your homework #do some research #do your own research #ask yourself questions #question everything #personal story #me #my writing #love #peace

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decolonize-the-left · 2 months

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Okay, I'm also a little on the confused train. I vote third party and independent in my local elections when their policies (as they often are) are better than the local democrats. I vote for some local democrats when they, as in my community they happen to be, black activists who organized the entire of the blm movement in my city and then moved to campaigning for city council and stuff. I participate in mutual aid, I use my free time to bake bread for, and then deliver the bread and naltrexone to unhoused encampments. I advocate for every school in my area to teach actual native history. I distribute land back and esims for gaza pamphlets all over my city. I volunteer at soup kitchens a couple times a month, ect. I "donate" monthly "rent" to the tribes on whos land i live. I am currently at the least protest voting uncommitted in my states primary.

But like, I do bump up against... I don't want to vote for Biden. But if Trump wins, he's states he's going to put his everything into not only the genocide in Palestine, but hella racist internal policies beyond what we already have, stripping voting rights, stripping any existing social safety nets, removing anit hate crime protections, ect

So like. Yes. I am thinking about how indigenous communities would be impacted, at least in the short term. Among many others.

My final vote isn't decided yet

Do you really think it will prevent harm to vulnerable people to risk another trump term?

Not trying to be an asshole, asking you bc I respect you

*scare quotes are to imply that I think that language is shallow and not useful but I don't know what else to say

Please don't block me I'm being completely sincere about being deeply empathetic to your anger and share in it, but also confused and scared about the right course of action and the reasoning behind it

My opinions stem from my own organizing and activism.

I think it's going over a lot of heads that the same way we organize for landback or BLM and leave zines around to have progress in dismantling those, we ALSO need to be organizing behind 3rd party candidates to dismantle the 2 party system.

Like how helpful would it be to Any of those causes if someone said that instead of organizing for landback or donating or helping houseless people you should just vote for Biden?

That'd be ridiculous. Biden doesn't have any intention of significantly helping with any of those things and he's no substitute for the activism that's being done or still needed right?

So why are we as organizers accepting this logic when it comes to one of the most powerful positions in the world?

Why are we settling and saying he's the "realistic" choice and accepting it when we Know there are other options and avenues because we've Already worked in them?

I don't understand this and if You could shed some light I would in All Honesty appreciate it.

It's ACTUALLY confusing as hell to me that people I respect and work with and see as peers and comrades think that harm reduction is the best way to vote. It's confusing that instead of advocating for other avenues and educating people about other options or working for 3rd party campaigns or leaving educational zines around throughout election cycles and campaigns..... They say they're just gonna vote for Biden.

Yeah Trump sucks. I'd never deny that. I'd never deny he's dangerous. I just Also don't see how Blue Fascism is different from Red Fascism. It's all fascism and idk why we think Blue Fascism is an acceptable trade off when we literally Do Not have to keep making this trade.

The fact so many of us regularly feel like we don't have a choice is a testament to democracy already being dead, you know? Idk what we're saying 'yeah but the other fascists could be worse so let's just keep our heads down' as leftists.

I'm gonna be very real here, my concern is the future of humanity at this point. Point blank. White supremacy is an evil ideology that has harmed every person it touches while also making sure they help perpetuate it. In the last 5 years I've watched Nazis come back, several genocides, climate change and the death of winter, and police kill a man trying to protect a forest. Our president is more concerned with his campaign than the people he's killing or the families he's exploiting to do it.

Someone is going to have to risk something in order to stop a machine this big from killing all of us. The earth my child is going to inherit is going to be unrecognizable to me. She'll be lucky if she's never a climate refugee, just as it's Only luck that she's here in the first place after the USA tried to kill off the native Americans.

My concern is Everyone. And I know it seems backwards as hell to risk something so awful, but sometimes you have to make sacrifices to have something better.

I'd give anything to save my daughter from the future she's currently on track to inherit. And that doesn't mean that I don't love her. It's a testament to how much worse I genuinely believe things will get if we continue down this path accepting anything As Long As It's Not As Awful As It Could Be.

We would lie down and Vote to have robot dogs surveil our neighborhoods for immigrants and drag queens at this point "as long as it's not trump" and doesn't that terrify you more than he does?

It terrifies me.

There's no way that's harm reduction when we are NOT being harmed that way right now. That's Increasing the harm. A harm guarantee that you were tricked you into signing under threat of something worse.

#asked #answered #electoral politics #trump #leftist #socialist #anarchist #communist

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