Beer-loving alcoholics Undergrounders should remember our last post about the Weed-based Mt. Shasta Brewery – the microbrewery the ATTTB (the Feds) are trying to beat down after taking offense at the brewery’s “Try Legal Weed” bottlecaps.
Proving the old adage that “Eternal, beer-related vigilance is the price of freedom” (we’re pretty sure Ben Franklin said that), the ACLU has offered Dillmann help in his fight to retain his “Try Legal Weed” bottle caps.
From the Mount Shasta Herald:
Since the Alcohol and Tobacco Tax and Trade Bureau ordered Vaunne Dillmann, owner of the Mt. Shasta Brewing Company, to stop using his bottle caps because of a pun that plays on the name of his home town, a whirlwind of supporters has been blowing his way.
One such advocate, the American Civil Liberties Union, recently jumped on the band wagon and is saying the ATTTB’s denial of Dillmann’s ability to place the slogan “Try Legal Weed†on bottle caps for his Weed Ales is simply beyond the pale.
The ATTTB, however, continues to stand its ground.
I heard from Dillmann a couple weeks ago, who said the Feds hadn’t concluded their investigation, but had told him they needed another 90 days to review the situation.
Am I the only Undergrounder who thinks the Feds have really stepped in it, know it, but can’t find a graceful exit?
As The World Leader in fly fishing blog-based protection of your sovereign first amendment beer drinking rights, the Underground has a solution.
Let’s order a couple cases of the brewery’s truly divine Shastafarian Porter, (“…perfect blend of caramel, coffee, and subtle roasted malt flavors… this brew tastes as deep as it looks and at 6% ABV, is stronger than most in its class.”), drink it until the room spins, then make juvenile-quality crank calls to the Feds until they capitulate (“Uhh, you got Prince Albert in a can?”)
Sure, it’s not likely to work, but it’s a plan damnit (we’re sure the Underground’s Director of Beer-Related Civil Disobedience (SLF) would approve).
After all, nobody ever said protecting your First Amendment rights was going to be easy work.
Drink like the wind, Undergrounders – and know you’re doing it for the most noble of reasons.
See you at the bar, Tom Chandler.
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 & 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.
“…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.”
The label was submitted to the Feds for approval and they responded with “you may not reference wine as something healthy and normal and a giver of happiness, well being and delight”. 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’t mind using T&A as a marketing tool for alcohol.
Scott(Quote)
Scott: Excellent comment. How is it the Feds allow something like “Tastes Great/Less Filling” (when neither is true) yet a Hemmingway quote – or a clearly humorous bottlecap (calling for readers to try a “legal” product) – can’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…
Tom Chandler(Quote)
We appreciate you stirring the pot, high up there in Mt. Shasta. If you weren’t watching the joint, it might just go back to seed. We shouldn’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’m out.)
BTW – I assume your Ben Franklin reference was to his purported quote of, “Beer is proof God loves us and wants us to be happy.”
A. Wannabe Travelwriter(Quote)
If you would like to pick up my work, for god’s sake, give me credit. And for Fuck’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’s right, bubba, ASCAP and BMI will be coming after YOU, and others demanding monies for the right to post news articles. And I’m sure I don’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: “After all, nobody ever said protecting your First Amendment rights was going to be easy work.”
Don’t apologize, just do better next time.
Enough banter for now. I will have another article out in a couple days. I think you’ll know what to do.
Jeff Knebel(Quote)
Jeff: I strongly suggest you take a media law class (I have) and carefully study the concept of fair use – before you post nonsensical, expletive-laced comments like the above.
First, your point about giving credit: I gave the Mount Shasta Herald credit in the post (they are the copyright holders, not you), 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 clear copyright violation. You also manage to intermingle the idea of “freedom of the press on the ‘net” — a legal concept which has little relation to a fair use/copyright discussion.
What’s true here is that you don’t seem to know much of anything about fair use, 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’ll follow the same legal, industry-accepted guidelines I already am, though it’s likely I’ll try to avoid work featuring errors (it’s “bandwagon” not “band wagon”).
As a former newspaperman, I suggest you go back to school. Then we’ll talk.
From Nolo Press on Fair Use:
Tom Chandler(Quote)
Traveler: I blame Ben Franklin for all the quotes I make up. It’s just easier that way.
Tom Chandler(Quote)
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 “Condoms for Children — a Product of Intercourse” (PA). What federal agency would mind that?
Reed(Quote)
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’s Saturday and the Feds don’t work weekends, so I may have to carry my legal weed buzz over until Monday.
Smellslikefish(Quote)