Day 123: The Director's Cut, The Defense My Lawyer Buried

Day 123: Thoughts of Babes in Toyland, Director's Cuts and missed opportunites.

Actual Entry - 10/23/21 - SAT -

Very little sleep intially, still awake around 1 or 2 am, up at 5:00am, H/L Drink and then back asleep untill 8:30AM. Bizarre dreams, a little recall but it's fading fast thank-fully. [Crossed out word] Challenges my belief that all dreams are good but anyway. I've decided to do a Stacy letter, I don't see the downside, Just be honest. If shit ever starts going my way, she could be a good ally to have. I also thinking of righting more focused on BABES The Director's Cut - with all three factors. Start with First Sale, cause that was an obvious error. Basically similar to First motion, but with Fair Use & Ineffective council / Most post appeal - appeal.

BRUNCH: S. eggs, potato wedge triangle, Pancakes, MS

Dived into legal research, still tired all day today, fuck plus the depression thing. Just can't seem to get it together, must maintain never say die, never give up. I will not be broken.

SUPPER: CK Low Meinish, Peas, Bread to the birds and in reserve.

Went outside for a while and read, the Frankenstein 3 Book. I just want to go to bed for till this stupid shit is up. Anyway, be strong [Crossed out word] come out of it. May be it's because it's [Crossed out word] 4 months to the day, literally feels like 4 years. Get over it. Wrap your head around it, continue to make moves but dont [Crossed out word] get invested in the out-come. Turn this into a positive. Write more - A lot more. Tomorrow is another day, First day of the Rest of your life and a 1000 other [Crossed out word] "keep your chin up" Cliches.

Four Years Later

A full entry for a rather bland day. My struggles with depression were bleeding into my jailhouse research, but I was nearing the end of that fog. Once I started filing my own FOIAs and motions, the depression was replaced by a mission. Before prison, I had glimmers of hope that would vanish; now, I was building my own light.

I was obsessed with Babes in Toyland because it was the "glitch in the Matrix" of my case. It wasn't just a movie; it was the Director’s Cut. This distinction opened doors that the MGM lawyer’s own testimony flung wide—if only my lawyer had walked through them.

Under oath, the MGM Vice President admitted they didn't even offer the film for sale on DVD or VHS. In the world of Fair Use, if the copyright holder isn't serving the market, an archival "Director's Cut" isn't a theft—it’s a transformation of an Orphan Work. My lawyer had a golden opportunity during cross-examination to highlight that my version provided something the studio refused to: access and preservation. Instead, he sat silent, letting the prosecution frame a DIY archival project as "counterfeiting" simply because it didn't have a glossy "jewel case."

I saw the "loopholes" in their logic, much like the AI chess programs I’d been reading about. I was trying to find the creative moves to win a game where the rules were being applied to a Criminal Copyright case for the first time. My lawyer, however, was playing checkers. He ignored the First Sale Doctrine and the Transformative nature of the Director’s Cut, choosing instead to "manage my surrender" by asking for seven years at sentencing.

Don’t take my word for it; read the transcripts yourself in “USA v. Gordon: The 'Orphan Works' Trial: Day Three, Four & Five.” I’m still obsessed with this because the truth is right there in black and white, buried under the "propaganda" of the studio's branding standards. I’m still waiting for the day a court—or the world—actually listens to the full argument.

#FairUse #OrphanWorks #CopyrightReform #PrisonJournals #BabesInToyland #LegalMalpractice #DigitalArchives #TheDirectorsCut