I am writing this today out of a deep concern for the rights of women, feminists and lesbians to speak publicly about issues that effect us. Specifically, I would like to address the actions of Dr. Joelle Ruby Ryan and his ongoing attempts to harass, bully, censor and silence women and feminists on the internet, and the University of New Hampshire’s apparent complicity in his outrageous and illegal actions which Ryan claims to perform under authority of UNH.
You may notice that this week’s post -where we discussed ‘Transilience’, Joelle Ruby Ryan’s new University of New Hampshire Health sponsored video- is no longer visible. Also missing are your comments in the discussion that followed. The reason for this is that UNH’s Dr. Ryan has filed a false, perjured, harassing copyright claim that he apparently hopes will re-write all previous first amendment rights. Here is a screen cap of the post in question:
Here is the entire text of that post, none of which Dr. Ryan had a problem with. It was succinctly titled “Transilience – Hilar!” and read:
“Joelle Ruby Ryan’s new autobiographical spoken word/stand-up routine.
Joe is the guy who teaches Women’s Studies at the University of New Hampshire who claims the word “female” is outdated and offensive, that there is no shared experience of oppression among women, and thus no class basis for a feminist movement. Joelle believes all female gatherings and spaces should be outlawed as discriminatory against males. More about Joe here:http://gendertrender.wordpress.com/?s=joelle+ruby+ryan
In this looong monologue, the 6 foot 6, 350 lb Ryan shares his youthful experiences being called a “fag” which somehow translates into discovering the sexxay of pantyhose on his shaved legs and a love of stilettos. He shares tales of blowing chunks of sushi all over during drunken binges, and reveals the peace he achieves taking long 4am walks around town alone.
Excerpt: “Mother Nature is a great teacher. I am continually amazed at the kindness and cruelty of the natural world. And by the breadth of diversity to be found within it. When I gaze at flowers I see so many different colors. When I look at trees I see so many different leaves and barks. When I look at stones, I see many different shapes and sizes. Some smooth, some rough. At the ocean, I marvel at the teeming life to be found in it’s depths. Each individual creature so unique, diverse, and crucial, to the well-being of the whole eco-system. Human beings come in many different colors, shapes, and sizes too. They also come in many different sexes, genders, and sexualities. And yet, the very vibrant diversity we can see so easily in the natural world, becomes much harder to see when it comes to human gender. Black or white. Either/Or. One or the other. Why can’t we transpose the brilliant hues we see in flowers to the myriad of genders we know exists in humans? I am an audacious orange flower blooming in the sun and delighting in the soft summer rain. I am also a person who demands the right to be ambiguous, fluid, and defiantly, boldly, queer. I almost never for instance wear breast prostheses. And while I wholeheartedly support the choice to do so, made by many of my sisters, I do not wish to wear silicone mounds on my chest to make others feel more comfortable.”
FORTY MINUTES of this, folks! ENJOY!
Posted by GallusMag
Here is a copy of the University of New Hampshire’s Dr. Ryan’s false DMCA claim [sic]:
Email Address: Joelle.Ryan@unh.edu
Location of copyrighted work (where your original material is located):http://www.youtube.com/watch?v=gZ7eeRCdX9k
First Name: Dr. Joelle Ruby
Last Name: Ryan
Company Name: Univesity of New Hampshire (UNH)
Address Line 1: 73 Main Street
Address Line 2: 203 Huddleston Hall
Zip/Postal Code: 03820
Telephone Number: 603-862-0272
Copyright holder you represent (if other than yourself): Self and UNH
Please describe the copyrighted work so that it may be easily identified: The film itself is embedded without my or the university’s permission, along with a copyrighted still from the film, and both are placed on a vicious hate blog which has a long history of defamation, hate-mongering, bigotry and threats against members of the transgender and transsexual community. I would never give permission for my film or stills from said film to be used on a hate site. Please remove the blog entry immediately.
Location (URL) of the unauthorized material on a WordPress.com site (NOT simply the primary URL of the site – example.wordpress.com; you must provide the full and exact permalink of the post, page, or image where the content appears, one per line) :http://gendertrender.wordpress.com/2013/03/07/transilience-hilar/
If the infringement described above is represented by a third-party link to a downloadable file (e.g. http://rapidshare.com/files/…), please provide the URL of the file (one per line):
I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.: Yes
I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.: Yes
Signed on this date of (today’s date, MM/DD/YYYY): 03/09/2013
Signature (your digital signature is legally binding): Dr. Joelle Ruby Ryan
You will immediately note a few things.
- Joelle Ruby Ryan identifies himself as a designated representative of the University of New Hampshire who is acting on authority of that institution.
- Ryan claims that using the “embed” function on YouTube videos is a form of copyright infringement. That is simply false. Not only false, but absurd. When University of New Hampshire Health (or anyone else) posts an embeddable public video: anyone, anywhere can embed that video on any site for any reason. You can read about that in an article titled “Court Rules That Embedding A Video Isn’t Copyright Violation” here: http://www.geekosystem.com/embedding-video-copyright-infringement/
- Dr. Ryan also claims that a still image from a public video, used for purposes of critique and discussion of that public media, is a form of copyright infringement. Again, an absurd claim that runs in opposition to all known First Amendment law. You can read about that here: http://en.wikipedia.org/wiki/Fair_use
You can also read YouTube’s standard terms of service which state:
Section 6 (C)
6. Your Content and Conduct
You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service.
I know, I know. You’re thinking “even a twelve year old knows these things Gallus”. And I agree. They do. We all do. We don’t need a PHD to know that folks- even those we disagree with- are allowed to post about and discuss public media campaigns issued by University of New Hampshire Health, or any other entity. Even your uncle sam’s wedding video could end up “going viral” once he authorizes it’s publication- it happens all the time. Free Speech!
So why is a self-declared agent of the University of New Hampshire filing perjurous, false, ABSURD legal documents against a small Lesbian Feminist blog?
The only conclusion I can reach is that Dr. Joelle Ruby Ryan may be falsely representing himself as an agent of the University of New Hampshire. I reach this conclusion because I think UNH attorneys would not authorize false and frivilous, perjurous claims against Lesbian Feminist bloggers. They might, wisely, consider such actions a form of stalking and harassment- actions which the University of New Hampshire may well be liable for.
I look forward to the impending legal proceedings which were initiated by an agent of the University of New Hampshire on the basis of their claim that posting a YouTube video on a blog is an actionable copyright infringement. I also look forward to the upcoming legal proceedings initiated by the University of New Hampshire against a Lesbian feminist blogger for publishing a still from a UNH Health video for purposes of critique and discussion.
When a publicly funded university mounts such an incredible First Amendment challenge to the rights of bloggers to embed, screen-cap, write about, discuss, and critique the media campaigns published by them one can only wonder in awe which of the University of New Hampshire attorneys authorized such an action. This promises to be a fascinating – even surreal- legal exercise. One which I suspect will not end in favor of the civil liberties restrictions being litigated by the University of New Hampshire and it’s agents.
In the meantime, while the attorneys do their work, I would like to ask for your help.
I would like your help in celebrating our most basic first amendment rights: as bloggers, as women, as feminists and feminist allies, as lesbians and as gays.
I call on you to protest the University of New Hampshire sanctioned harassment of GenderTrender and all other feminist, lesbian, and gender critical bloggers and blog readers by making a post that includes either the video ‘Transilience’ or a screencap of such.
Feel free to copy and paste this post on your own blog or tumblr blog. Feel free to make your own post sharing your thoughts and impressions of Joelle Ruby Ryan’s UNH Health video. Feel free to create amusing and charming memes featuring these materials. The key words here are “Feel Free”. Because it is legal, it is our right to do so, it is protected speech (University of New Hampshire claims notwithstanding). Let’s enjoy and EXERCISE our free speech rights as Feminists and Women and say NO to infringements of our civil liberties.
Thank you for your support.
The link to the fully and legally embedable ‘Transilience’ is here: