“However, the law doesn’t criminalize anti-social behavior generally.” <- Pretty sure that's *exactly* what it does.
The photo is chauvinistic. And funny. Acknowledging that things can be chauvinistic and funny–and that’s OK–is the first step and obviates all the other analysis. But most of Europe has no real freedom of expression and has written political correctness into the law. That’s what we should be concerned about, not carving out exceptions for our favorite memes.
This meme works *because* everyone knows the boyfriend is treating his girlfriend as a object to be upgraded and that men do that. It doesn’t have any deeper meaning than that. If you were to translate the Bahnhof ad into writing, it would be, “Ditch your current job for Bahnhof like your boyfriend ditched you when a hotter woman came along.” Sure, that message is likely to alienate some potential applicants, but Bahnhof either isn’t targeting them or it’s aim is off.
The other memes work because for similar reasons and are equally chauvinistic. And funny.
I read the complaint and I am struggling to figure out what the alleged trade secrets were.
It is long overdue that I explain what happened to Munition.
The problem with the defamation legal articles is that they refer to the
Telegram article. Paula J. Owen’s article “Fatal Transactions: Sale of a horse
can be a death sentence” gives the impression that Munition was simply lost
into the slaughter pipeline. This is not accurate.
First of all this story suggests the horse was killed which
is false. Owen misses the main points. The story of Munition has brought
attention to the serious international public safety issue of poisoned food.
When Spud Noone brought Munition to the New Holland PA auction he signed
paperwork that the horse was drug free for 6 months. However Munition had been
treated with Clembuterol, Bute, Banamine, Adequan, and Ulcergaurd. Noone
apparently was a regular at New Holland, and appeared with several horses every
The other main flaw in Owen’s article is that it glorifies
Matt Clarke. People like Crystal Conway and Matt Clarke are directly involved
in thoroughbred breeding. They are part of the race track industry; which
carelessly generates tons of unwanted horses.
I will do my best to tell the story of Munition in
chronology, of course it has been many years. Munition went with Noone, to
supposedly be a companion horse. Once it was established that Munition was
getting along with his companion horse, we would discuss a price. Noone took a
wrong turn and ended up at New Holland. Noone is now deceased and poses no
further threat to horse owners.
When Noone did not return my phone calls to confirm that
Munition had safely made it to his new home I became concerned. I contacted Clarke
and explained what had happened. Clarke found out that Noone had previously
swindled 10 horses from an elderly woman. I called the Concord mounted police
and they suggested I go to Noone’s property and look for my horse. Clarke said
if I found my horse they would come with the trailer. I did not find Munition
in Noone’s barn. I filed a police report for Larceny Under False Pretenses.
Here was the beginning of a long and ongoing search for Munition. I must thank
so many people that have helped me.
Initially Clarke told me the horse went to New Holland and
that you cannot get the horse back from these people. I went to the Canadian
border to speak with the Canadian vet about the situation. Although I continued
to knock at the door…nobody answered. So I went to the American office and they
said if I saw a trailer of horses come through I could look for my horse.
I went online and posted the horse was stolen. I went to New
Holland and a worker told me the horse was sold by Noone to a man named Chuck
Beam. Chuck Beam was at the auction that day so I called the police. The
policeman questioned Beam and he said the horse was dead and talk to Christy. I
found out Beam works for Brian Moore, who sells horses to slaughter at Petite
Nation in Canada. I called Petite Nation, to make them aware of the situation,
as well as the USDA equivalent in Canada. I found out that Christy Sheidy and
Brian Moore had a business relationship. Apparently when Brain Moore buys
horses he has two sets. One intended for slaughter, and one intended for
Sheidy. Sheidy cries out the truck is coming, save these horses from the kill
pen. Christy and Rick Sheidy have since been busted for running a charity scam.
There are endless stories online of the mishaps from their organization Another
Chance For Horses (AC4H). Interestingly, on the AC4H Facebook webpage they give
Noone’s name and phone number as a shipper they recommend.
Munition was sent to Christy Sheidy, not to slaughter. When
Clarke says it was too late, the horse was shipped, he is lying.
I got a call from a man who was a horse shipper that had
seen one of my advertisements for Munition. He said that he overheard a conversation between Christy and Rick Sheidy talking on the telephone about my horse. That the horse was at the quarantine barn and had to be moved because the owner was coming down. He advised me to make a fake name and look to see if my horse was advertised on the AC4H webpage. The shipper told Christy Sheidy that he had called me and she was furious. She said there were three thoroughbreds that day and two went to Deborah Jones and the third she would not give any information.
Christy Sheidy had also posted on the Alex Brown site that there were three
thoroughbreds, then later posted there were only 2.
Jones, a supposed detective, was helping me find Munition at
that point. I told her that I made up the name Gina Holt to search on the AC4H
website. Jones must have told Conway I used that name. I don’t know the
relationship between Deborah Jones and Crystal Conway. I never had any
interaction with Conway.
Later Christy Sheidy told Mark O’Brien (my attorney) by
email that she had the horse.
Further, I was put in contact with Melissa Tokus from
Charlton MA. Noone had told her that her horse was going to a Children’s farm. Her
horse ended up at New Holland. She did not go to the police. AC4H targeted the
breeder of this horse and it was saved with reward money. Tokus was supposed to
be at Noone’s criminal trial but she did not show up.
Mark O’Brien witnessed the entire agreement I had with Noone
and the prosecutor did not question attorney O’Brien at the trial.
If Noone had been convicted the authorities may have been
able to retrieve my horse from these people.
When I was on the Alex Brown horse rescue page, I was
certain that Christy Sheidy had my horse. All these posts were being deleted. I
think Alex Brown was protecting Sheidy. I do not know exactly how Brown and
Sheidy are connected.
I think Clarke was forced to offer a reward. He went on Alex
Brown page and posted he was offering a $1000 reward. Suddenly Deborah Jones
concludes that the horse is dead. There was no forthcoming evidence. I think
Sheidy and Jones split the reward money and continued about business as usual.
Matt Clarke, Christy Sheidy, and Deborah Jones know where
Munition is today. They will say the horse is dead but they are lying. I am
still not in a financial position where I could afford to take a horse, and I
certainly don’t want to remove Munition from his home. I am curious to know the
When I saw AC4H advertisements on the Net Posse webpage, I
removed my listing. However, I have never stopped searching for the truth.
Munition is a 16.3 hand, bay, thoroughbred gelding, lip
tattoo number G25782.
Please if you have any information please contact me:
Mara Feld (email@example.com) or my
attorney Mark O’Brien (firstname.lastname@example.org).
Without reading the case and the specific language they used regarding this, my take is that the one statutory damages per album rule is still intact.
Brian, this is a year old now so I have no idea of you’ll get this, but I just ran into the same issue with my state senator. He disagreed with my response to his Facebook post and said I resorted to personal attacks, which I did not. In searching for legal precedent, came across your case. My question is how you found legal representation. I reached out to the ACLU and free speech organizations only to not hear back. Thanks in advance if you get this and respond.
One observation. Not sure amendments make the CCPA inapplicable to the financial sector.
The exemption, as worded, applies to data, not necessarily the institution (information collected … pursuant to (GLB)). Theoretically, financial companies may have to analyze data to determine whether it is “GLB data” (NPPI under GLB or RegP) or “non-GLB-data.” For example, an email address collected to establish a financial account may be exempt, but will that same email address be regulated under the CCPA if you use it for marketing?
I’d sleep better if with more clarity on the scope of this exemption.
Thanks for this analysis, as well as for the letter you wrote earlier this year.
It’s nice to get some good news on this front for a change.