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	<title>Comments on: ACLU Comes to Defense of Weed Brewery Fighting Feds Over &#8220;Try Legal Weed&#8221; Bottlecap</title>
	<atom:link href="http://troutunderground.com/2008/07/31/aclu-comes-to-defense-of-shasta-brewery-for-try-legal-weed-bottlecap/feed/" rel="self" type="application/rss+xml" />
	<link>http://troutunderground.com/2008/07/31/aclu-comes-to-defense-of-shasta-brewery-for-try-legal-weed-bottlecap/</link>
	<description>Fly Fishing the Upper Sacramento River : Tom Chandler&#039;s Fly Fishing Life : Fly Rods are the Measure of Life</description>
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		<title>By: MT. SHASTA BREWERY/LEGAL WEED &#171; ONCE UPON A TIME IN THE WEST</title>
		<link>http://troutunderground.com/2008/07/31/aclu-comes-to-defense-of-shasta-brewery-for-try-legal-weed-bottlecap/comment-page-1/#comment-53611</link>
		<dc:creator>MT. SHASTA BREWERY/LEGAL WEED &#171; ONCE UPON A TIME IN THE WEST</dc:creator>
		<pubDate>Sun, 05 Apr 2009 17:05:18 +0000</pubDate>
		<guid isPermaLink="false">http://troutunderground.com/?p=1789#comment-53611</guid>
		<description>[...] Coke and This Buds for you&#8230;..they got to keep the name!!! Here are some links about the story THE TROUT UNDERGROUND and  BOTTOMS [...]</description>
		<content:encoded><![CDATA[<p>[...] Coke and This Buds for you&#8230;..they got to keep the name!!! Here are some links about the story THE TROUT UNDERGROUND and  BOTTOMS [...]</p>
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		<title>By: It was a Bloody Sunday. But, then again, so was Friday and Saturday. &#171; Sand Dollar Adventures</title>
		<link>http://troutunderground.com/2008/07/31/aclu-comes-to-defense-of-shasta-brewery-for-try-legal-weed-bottlecap/comment-page-1/#comment-49856</link>
		<dc:creator>It was a Bloody Sunday. But, then again, so was Friday and Saturday. &#171; Sand Dollar Adventures</dc:creator>
		<pubDate>Tue, 05 Aug 2008 23:02:25 +0000</pubDate>
		<guid isPermaLink="false">http://troutunderground.com/?p=1789#comment-49856</guid>
		<description>[...] liquid refreshment that was enjoyed by only a few.&#160; Based on a call to arms by the eminent Mt. Shasta-area expert of beer battles (oh yeah, he apparently knows a fair bit about fly fishing, too) I requested our friends from that [...]</description>
		<content:encoded><![CDATA[<p>[...] liquid refreshment that was enjoyed by only a few.&nbsp; Based on a call to arms by the eminent Mt. Shasta-area expert of beer battles (oh yeah, he apparently knows a fair bit about fly fishing, too) I requested our friends from that [...]</p>
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		<title>By: Smellslikefish</title>
		<link>http://troutunderground.com/2008/07/31/aclu-comes-to-defense-of-shasta-brewery-for-try-legal-weed-bottlecap/comment-page-1/#comment-49797</link>
		<dc:creator>Smellslikefish</dc:creator>
		<pubDate>Sat, 02 Aug 2008 20:54:37 +0000</pubDate>
		<guid isPermaLink="false">http://troutunderground.com/?p=1789#comment-49797</guid>
		<description>Yes I do wholeheartedly support crank calls to the Feds. I may enjoy some legal weed this evening and do just that. Of course, it&#039;s Saturday and the Feds don&#039;t work weekends, so I may have to carry my legal weed buzz over until Monday.</description>
		<content:encoded><![CDATA[<p>Yes I do wholeheartedly support crank calls to the Feds. I may enjoy some legal weed this evening and do just that. Of course, it&#8217;s Saturday and the Feds don&#8217;t work weekends, so I may have to carry my legal weed buzz over until Monday.</p>
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		<title>By: Reed</title>
		<link>http://troutunderground.com/2008/07/31/aclu-comes-to-defense-of-shasta-brewery-for-try-legal-weed-bottlecap/comment-page-1/#comment-49787</link>
		<dc:creator>Reed</dc:creator>
		<pubDate>Sat, 02 Aug 2008 01:29:33 +0000</pubDate>
		<guid isPermaLink="false">http://troutunderground.com/?p=1789#comment-49787</guid>
		<description>Tom,

Good for you! We need someone to stand up/drink/fall-down/stand-up/drink... for our rights.

I have an idea for a line of condoms with the end snipped off. These would be handmade from sheep intestines by Amish women in a small town in Pennsylvania. I would sell these as &quot;Condoms for Children -- a Product of Intercourse&quot; (PA). What federal agency would mind that?</description>
		<content:encoded><![CDATA[<p>Tom,</p>
<p>Good for you! We need someone to stand up/drink/fall-down/stand-up/drink&#8230; for our rights.</p>
<p>I have an idea for a line of condoms with the end snipped off. These would be handmade from sheep intestines by Amish women in a small town in Pennsylvania. I would sell these as &#8220;Condoms for Children &#8212; a Product of Intercourse&#8221; (PA). What federal agency would mind that?</p>
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		<title>By: Tom Chandler</title>
		<link>http://troutunderground.com/2008/07/31/aclu-comes-to-defense-of-shasta-brewery-for-try-legal-weed-bottlecap/comment-page-1/#comment-49781</link>
		<dc:creator>Tom Chandler</dc:creator>
		<pubDate>Fri, 01 Aug 2008 14:40:44 +0000</pubDate>
		<guid isPermaLink="false">http://troutunderground.com/?p=1789#comment-49781</guid>
		<description>Traveler: I blame Ben Franklin for all the quotes I make up. It&#039;s just easier that way.</description>
		<content:encoded><![CDATA[<p>Traveler: I blame Ben Franklin for all the quotes I make up. It&#8217;s just easier that way.</p>
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		<title>By: Tom Chandler</title>
		<link>http://troutunderground.com/2008/07/31/aclu-comes-to-defense-of-shasta-brewery-for-try-legal-weed-bottlecap/comment-page-1/#comment-49779</link>
		<dc:creator>Tom Chandler</dc:creator>
		<pubDate>Fri, 01 Aug 2008 14:16:36 +0000</pubDate>
		<guid isPermaLink="false">http://troutunderground.com/?p=1789#comment-49779</guid>
		<description>Jeff: I strongly suggest you take a media law class (I have) and carefully study the concept of &lt;a href=&quot;http://en.wikipedia.org/wiki/Fair_use&quot; rel=&quot;nofollow&quot;&gt;fair use&lt;/a&gt; - &lt;i&gt;before&lt;/i&gt; you post nonsensical, expletive-laced comments like the above.

First, your point about giving credit: I &lt;i&gt;gave&lt;/i&gt; the Mount Shasta Herald credit in the post (they are the copyright holders, &lt;i&gt;not you&lt;/i&gt;), the same way the LA Times would give the New York Times credit for excerpting short passages of a published editorial work.

I also linked to the original story, and excerpted a limited amount of the work (a couple paragraphs) -- all of which fall under generally accepted fair use rules -- which the journalism world has operated under for years.

Astonishingly, you suggest I post the entire story - a &lt;i&gt;clear copyright violation&lt;/i&gt;. You also manage to intermingle the idea of &quot;freedom of the press on the &#039;net&quot; -- a legal concept which has little relation to a fair use/copyright discussion.

What&#039;s true here is that you don&#039;t seem to know much of anything about &lt;a href=&quot;http://en.wikipedia.org/wiki/Fair_use&quot; rel=&quot;nofollow&quot;&gt;fair use&lt;/a&gt;, intellectual property, generally accepted journalism practices, etc. Apologize for correctly practicing my own first amendment, legally accepted fair use rights? Like hell.

As for excerpting segments of future stories, you can be sure I&#039;ll follow the same legal, industry-accepted guidelines I already am, though it&#039;s likely I&#039;ll try to avoid work featuring errors (it&#039;s &quot;bandwagon&quot; not &quot;band wagon&quot;).

As a former newspaperman, I suggest you go back to school. Then we&#039;ll talk.

From Nolo Press on Fair Use:


&lt;blockquote&gt;
Under the &quot;fair use&quot; rule of copyright law, an author may make limited use of another author&#039;s work without asking permission. Fair use is based on the belief that the public is entitled to freely use portions of copyrighted materials for purposes of commentary and criticism. The fair use privilege is perhaps the most significant limitation on a copyright owner&#039;s exclusive rights. If you write or publish, you need a basic understanding of what is and is not fair use.&lt;/blockquote&gt;

</description>
		<content:encoded><![CDATA[<p>Jeff: I strongly suggest you take a media law class (I have) and carefully study the concept of <a href="http://en.wikipedia.org/wiki/Fair_use" rel="nofollow">fair use</a> &#8211; <i>before</i> you post nonsensical, expletive-laced comments like the above.</p>
<p>First, your point about giving credit: I <i>gave</i> the Mount Shasta Herald credit in the post (they are the copyright holders, <i>not you</i>), the same way the LA Times would give the New York Times credit for excerpting short passages of a published editorial work.</p>
<p>I also linked to the original story, and excerpted a limited amount of the work (a couple paragraphs) &#8212; all of which fall under generally accepted fair use rules &#8212; which the journalism world has operated under for years.</p>
<p>Astonishingly, you suggest I post the entire story &#8211; a <i>clear copyright violation</i>. You also manage to intermingle the idea of &#8220;freedom of the press on the &#8216;net&#8221; &#8212; a legal concept which has little relation to a fair use/copyright discussion.</p>
<p>What&#8217;s true here is that you don&#8217;t seem to know much of anything about <a href="http://en.wikipedia.org/wiki/Fair_use" rel="nofollow">fair use</a>, intellectual property, generally accepted journalism practices, etc. Apologize for correctly practicing my own first amendment, legally accepted fair use rights? Like hell.</p>
<p>As for excerpting segments of future stories, you can be sure I&#8217;ll follow the same legal, industry-accepted guidelines I already am, though it&#8217;s likely I&#8217;ll try to avoid work featuring errors (it&#8217;s &#8220;bandwagon&#8221; not &#8220;band wagon&#8221;).</p>
<p>As a former newspaperman, I suggest you go back to school. Then we&#8217;ll talk.</p>
<p>From Nolo Press on Fair Use:</p>
<blockquote><p>
Under the &#8220;fair use&#8221; rule of copyright law, an author may make limited use of another author&#8217;s work without asking permission. Fair use is based on the belief that the public is entitled to freely use portions of copyrighted materials for purposes of commentary and criticism. The fair use privilege is perhaps the most significant limitation on a copyright owner&#8217;s exclusive rights. If you write or publish, you need a basic understanding of what is and is not fair use.</p></blockquote>
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		<title>By: Jeff Knebel</title>
		<link>http://troutunderground.com/2008/07/31/aclu-comes-to-defense-of-shasta-brewery-for-try-legal-weed-bottlecap/comment-page-1/#comment-49776</link>
		<dc:creator>Jeff Knebel</dc:creator>
		<pubDate>Fri, 01 Aug 2008 08:12:14 +0000</pubDate>
		<guid isPermaLink="false">http://troutunderground.com/?p=1789#comment-49776</guid>
		<description>If you would like to pick up my work, for god&#039;s sake, give me credit. And for Fuck&#039;s sake, post the entire article. I am always a supporter of free press, but if enough websites take intellectual property and slap their name on it, well, quasi in this case, the internet will end up like the goddamn music industry. That&#039;s right, bubba, ASCAP and BMI will be coming after YOU, and others demanding monies for the right to post news articles. And I&#039;m sure I don&#039;t need to explain to you that if we lose the freedom of press on the net, then we are doomed like dogs in an electric cage of fear. But, Like Tom Chandler said: &quot;After all, nobody ever said protecting your First Amendment rights was going to be easy work.&quot;

Don&#039;t apologize, just do better next time.

Enough banter for now. I will have another article out in a couple days. I think you&#039;ll know what to do.</description>
		<content:encoded><![CDATA[<p>If you would like to pick up my work, for god&#8217;s sake, give me credit. And for Fuck&#8217;s sake, post the entire article. I am always a supporter of free press, but if enough websites take intellectual property and slap their name on it, well, quasi in this case, the internet will end up like the goddamn music industry. That&#8217;s right, bubba, ASCAP and BMI will be coming after YOU, and others demanding monies for the right to post news articles. And I&#8217;m sure I don&#8217;t need to explain to you that if we lose the freedom of press on the net, then we are doomed like dogs in an electric cage of fear. But, Like Tom Chandler said: &#8220;After all, nobody ever said protecting your First Amendment rights was going to be easy work.&#8221;</p>
<p>Don&#8217;t apologize, just do better next time.</p>
<p>Enough banter for now. I will have another article out in a couple days. I think you&#8217;ll know what to do.</p>
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		<title>By: A. Wannabe Travelwriter</title>
		<link>http://troutunderground.com/2008/07/31/aclu-comes-to-defense-of-shasta-brewery-for-try-legal-weed-bottlecap/comment-page-1/#comment-49775</link>
		<dc:creator>A. Wannabe Travelwriter</dc:creator>
		<pubDate>Fri, 01 Aug 2008 05:30:51 +0000</pubDate>
		<guid isPermaLink="false">http://troutunderground.com/?p=1789#comment-49775</guid>
		<description>We appreciate you stirring the pot, high up there in Mt. Shasta. If you weren&#039;t watching the joint, it might just go back to seed.  We shouldn&#039;t just roll with this one, but inhale deeply and continue on.  While we may be craving snack foods in short order, we must nip this in the bud. Do-be strong and reef in your best effort.

(Whew...I think I&#039;m out.)

BTW - I assume your Ben Franklin reference was to his purported quote of, &quot;Beer is proof God loves us and wants us to be happy.&quot;</description>
		<content:encoded><![CDATA[<p>We appreciate you stirring the pot, high up there in Mt. Shasta. If you weren&#8217;t watching the joint, it might just go back to seed.  We shouldn&#8217;t just roll with this one, but inhale deeply and continue on.  While we may be craving snack foods in short order, we must nip this in the bud. Do-be strong and reef in your best effort.</p>
<p>(Whew&#8230;I think I&#8217;m out.)</p>
<p>BTW &#8211; I assume your Ben Franklin reference was to his purported quote of, &#8220;Beer is proof God loves us and wants us to be happy.&#8221;</p>
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		<title>By: Tom Chandler</title>
		<link>http://troutunderground.com/2008/07/31/aclu-comes-to-defense-of-shasta-brewery-for-try-legal-weed-bottlecap/comment-page-1/#comment-49770</link>
		<dc:creator>Tom Chandler</dc:creator>
		<pubDate>Thu, 31 Jul 2008 17:25:52 +0000</pubDate>
		<guid isPermaLink="false">http://troutunderground.com/?p=1789#comment-49770</guid>
		<description>Scott: Excellent comment. How is it the Feds allow something like &quot;Tastes Great/Less Filling&quot; (when neither is true) yet a Hemmingway quote - or a clearly humorous bottlecap (calling for readers to try a &quot;legal&quot; product) - can&#039;t pass muster.

Gosh, it is possible that - in addition to being incredibly tight-assed - that the feds in this case are also willing to pick on smaller bottlers while ignoring the sins of the bigger?

Naww...</description>
		<content:encoded><![CDATA[<p>Scott: Excellent comment. How is it the Feds allow something like &#8220;Tastes Great/Less Filling&#8221; (when neither is true) yet a Hemmingway quote &#8211; or a clearly humorous bottlecap (calling for readers to try a &#8220;legal&#8221; product) &#8211; can&#8217;t pass muster.</p>
<p>Gosh, it is possible that &#8211; in addition to being incredibly tight-assed &#8211; that the feds in this case are also willing to pick on smaller bottlers while ignoring the sins of the bigger?</p>
<p>Naww&#8230;</p>
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		<title>By: Rainier Beer in the Vending Machine &#124; All About Beer Brewing</title>
		<link>http://troutunderground.com/2008/07/31/aclu-comes-to-defense-of-shasta-brewery-for-try-legal-weed-bottlecap/comment-page-1/#comment-49769</link>
		<dc:creator>Rainier Beer in the Vending Machine &#124; All About Beer Brewing</dc:creator>
		<pubDate>Thu, 31 Jul 2008 17:18:40 +0000</pubDate>
		<guid isPermaLink="false">http://troutunderground.com/?p=1789#comment-49769</guid>
		<description>[...] Read More  [...]</description>
		<content:encoded><![CDATA[<p>[...] Read More  [...]</p>
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		<title>By: Scott</title>
		<link>http://troutunderground.com/2008/07/31/aclu-comes-to-defense-of-shasta-brewery-for-try-legal-weed-bottlecap/comment-page-1/#comment-49768</link>
		<dc:creator>Scott</dc:creator>
		<pubDate>Thu, 31 Jul 2008 17:08:31 +0000</pubDate>
		<guid isPermaLink="false">http://troutunderground.com/?p=1789#comment-49768</guid>
		<description>My father, brother and I have worked with an outfit called Crushpad to create a barrel of wine.  Crushpad is setup as something of a communal winery and has to abide by all federal laws &amp; regulations.  When it came time to design our label I asked that the following quote from A Moveable Feast be added to the back label.

&quot;...we thought of wine as something as healthy and normal as food and also a great giver of happiness and well being and delight. Drinking wine was not a snobbism nor a sign of sophistication nor a cult; it was as natural as eating and to me as necessary.&quot;

The label was submitted to the Feds for approval and they responded with &quot;you may not reference wine as something healthy and normal and a giver of happiness, well being and delight&quot;.  I guess Ernest was way off base and we should have just used an image of a silicone enhanced co-ed sporting a bikini.  Beer commercials have proven that the Feds don&#039;t mind using T&amp;A as a marketing tool for alcohol.</description>
		<content:encoded><![CDATA[<p>My father, brother and I have worked with an outfit called Crushpad to create a barrel of wine.  Crushpad is setup as something of a communal winery and has to abide by all federal laws &amp; regulations.  When it came time to design our label I asked that the following quote from A Moveable Feast be added to the back label.</p>
<p>&#8220;&#8230;we thought of wine as something as healthy and normal as food and also a great giver of happiness and well being and delight. Drinking wine was not a snobbism nor a sign of sophistication nor a cult; it was as natural as eating and to me as necessary.&#8221;</p>
<p>The label was submitted to the Feds for approval and they responded with &#8220;you may not reference wine as something healthy and normal and a giver of happiness, well being and delight&#8221;.  I guess Ernest was way off base and we should have just used an image of a silicone enhanced co-ed sporting a bikini.  Beer commercials have proven that the Feds don&#8217;t mind using T&amp;A as a marketing tool for alcohol.</p>
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