frigate birds, freedom, pelicans, water diviners and jail birds, Florida Keys and Key West

water diviner

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psychiatrist interviews

Jerry Weinstock, M.D., Psychiatry, replied to yesterday’s post at goodmorningkeywest.com:

you are not certifiable ——
while swimming just after adequate light
watched soaring Frigates
about 2000 ft. up-tiny dots —
never moved their wings for anything but soaring ——
magnificent nature !!
have a soaring day

man o' war bird flock

man o' war bird

I replied:

Believe me, Jerry, you are in a small minority, including a small minority in your own profession. That rules you out of the caper, lucky you.

In my spirit code, man o’ war birds foretell an incoming demonic attack against me, or sometimes, great fishing beneath them, which is their traditional meeting.

P.S.

Ha! The attack came soon after I wrote to you, but I did not learn of it until after I had ridden the lower keys shuttle up to where I’m staying on Cudjoe Key. I rather imagine it will be reported tomorrow at goodmorningkeywest.com.

The topic is one of your and my favorites, MRSA. The catalyst is the blue paper was threatened with copyright infringement litigation for publishing an article I submitted containing various MRSA photos, one of which is the subject of the copyright infringement claim.

I’m feeling suitably poisoned in my liver and G.I. tract and cerebral spinal fluid.

Good fishing, indeed, for scorpion fish? Poisonous sea snakes? Lion fish? Spiny sea urchins?

I wish Naja had not, in her reply to the threat letter, tried to lay all the blame on me, after she and I had talked about it at length, and she did not even make a peep about laying the blame on me.

Stay tuned.

Jerry wrote:

this was over the swimming pool -but I have never seen them or I can’t remember seeing them that high.
tiny dots that found air currents—-soaring soaring—freedom —wouldn’t we like to experience that kind of freedom !??
what would that feel like ????????
take care -should be a nice day————Jerry

I replied this morning:

I imagine such freedom is more common in the afterlife, but it does happen in this life. I have felt it from time to time, especially in the company of a woman the angels arranged for me to be with, but there were times when I was alone and something exquisite came over me.

Also have experienced that kind of freedom, it brought me to tears, heaving sobs, when I was swarmed by angels unexpectedly.

In my sleep a good while before dawn this morning, I heard “one forty-five”. I awoke, way too early, was unable to return to sleep. Crawled out of bed, tried to get online, both my laptops were sputtering, as was happening last night. They both have difficulty holding the internet at Todd’s home, but work fine in Key West where there is Wi-Fi. One of the laptops is connected to Todd’s server by a cable and does not rely on Wi-Fi, and still sputters. He has Comcast, perhaps it something with them, or something in his modem or computer security. It’s gotten more severe the longer I’ve stayed with him. I said the other day it might be a signal I’m being relocated.

Anyway, not being able to work online today, I caught the early shuttle bus, which comes through Cudjoe Key about 6:45, and then it got interesting. The driver, first name Taylor, was a total delight. He loves the Keys, loves driving the shuttle on weekends, the city pays him to watch all of that beautiful scenery between Marathon and Key West.

I told him about my being told in early 1995, when I lived in Boulder, Colorado, “Go to Big Pine Key, go as soon as possible, this is important,” and after I got there a few days later, I had no clue why I was there. Then, on the 7th day, which I said would mean something to him, as he is a Jehovah’s Witness, I wandered back out onto No Name Key Bridge, and when I got to the hump and was surrounded by pelicans, I turned to face the Atlantic Ocean and was seized by something huge, I burst into tears, then I was in heaving sobs, snot rushing out of my nose, hanging onto the bridge railing to not fall down, and then I heard, “Because you love this place so much, you will be used to try to protect it.”

I told Taylor, the next day in the Keynoter it was reported that three federal agencies had ruled against widening US 1, because doing that posed too great a threat to the fragile Keys ecology. The run up to that decision was local chambers of commerce and cities arguing that widening US 1 would save lives by making hurricane evacuation easier. But the real reason they wanted US 1 widened was to make it easier for more tourists to come to the Keys, and to stimulate real estate development.

I said I ran for the county commission three times, pursuant to that covenant. Taylor then said he knew that, he had voted for me every time, God had told him to vote for me. That’s the first indication Taylor gave that he knew me.

I said, for decades, every time I reached the 18-Mile Stretch headed down into the Keys, I changed, I felt different, like I was home. And every time I left the Keys on that road, I felt like that part of me stayed behind. But I had lost that, the county and city politics had killed that feeling in me. Stay out of politics I told Taylor. But, maybe me being on his bus, which I had never ridden because of how early it comes by Cudjoe Key, might be a sign from God that maybe I will stay in the Keys, maybe that feeling will come back to me.

Taylor said he loves Key West, too. I said, it is a great place to live, if you don’t get involved in the politics. Although the elected officials all have their heads up their asses, the city goes a great job taking care of the things that are really important: its ports, sewer system, electrical, parks, roads. Taylor said, someone told him years ago to enjoy the Keys, but never to forget that the pirates still run things.

Taylor also works for the county in public works. He had quite a few stories to tell about the pirates in the county government, which I won’t go into today. I was put on that bus to meet Taylor, because I needed a lift, and I needed a lift from someone who got what I told him about my being sent to Big Pine Key in 1995. Taylor understood God sent me.

So, it seems your high altitude man o’ war, or frigate bird, ballet was prescient, perhaps in a number of ways.

As for 1:45, I thought that was the starting time for the new Russell Crowe movie “Water Diviner” now showing at Tropic Cinema. Arriving at Sippin’ Internet Cafe this morning, about 2 hours earlier than usual, I locked my bicycle to the bike rack in front of the Tropic, and then I checked the marquee for “Water Diviner”, and, yep, it starts at 1:45 p.m. today.

Back in the day, Jerry, I told psychiatrists and psychologists, who were treating me, these kinds of stories, and they didn’t get any of it. Not a smidgeon. But a county public works employee, who drives a city bus part time, got all of it, without even taking a deeper breath. It was normal for him, what we discussed today.

Maybe the man o’ war birds arranged it. Maybe those dots way high up were … angels.

The water diviner part of yesterday’s adventures seems to be the copyright infringement thing I told you about yesterday. But perhaps there is more to it, which time will reveal.

Sloan

P.S. The night of the day I read the two Keynoter articles in 1995, this poem fell out of me, in the Holy Grail tradition, the real one, the pelican is the Christ bird:

pelican diving

Behold, the pelican!

Slow, clumsy and ugly afoot,

But in the air

a great fisher indeed!

And in times of want

plucks out its own breastmeat

to feed its young.

Naja Girard copied me with this yesterday:

Naja

Date: Sat, 6 Jun 2015 16:27:02 -0400
Subject: Case Number: 374667622 Copyright Infringement Claim: MRSA infection on Eyebrow
From: editor@thebluepaper.com
To: LCS@sciencephoto.com
CC: sloanbashinsky@outlook.com; Editor@thebluepaper.com

Dear Sirs,

We received your notice requesting payment of $510.00 for use of a photo showing a staph boil on a woman’s eyebrow.
Our publication is a small local online news publication in Key West, Florida that is at this time going through the process of seeking non-profit status in the education category. It is by no means a profit making venture. Our publication encourages community members to involve themselves and allows them a platform to publish commentary on subjects affecting our community. This is done through a column entitled: Island Voices.
Sloan Bashinsky, a local blogger who has maintained a non-commercial community blog for years called www.goodmorningkeywest.com, submitted an article to us along with the image you refer to in your notice [image c0018532]. It was our understanding that Mr. Bashinsky had the right to use of the photo since he had published it on his blog previously [May 31, 2013]. http://goodmorningfloridakeys.com/?p=13409 We published Mr. Bashinsky’s article with the photo in question on June 14, 2013.
You may reach Mr. Bashinsky at: sloanbashinsky@outlook.com for verification - and I have copied him on this communication.
In addition, it is our understanding that the use of the image by Mr. Bashinsky both on his blog and on our website, in our community publication column “Island Voices,” falls under the “fair use” exemption. [See below from: http://www.dmlp.org/legal-guide/fair-use]

Fair Use

The policy behind copyright law is not simply to protect the rights of those who produce content, but to “promote the progress of science and useful arts.” U.S. Const. Art. I, § 8, cl. 8. Because allowing authors to enforce their copyrights in all cases would actually hamper this end, first the courts and then Congress have adopted the fair use doctrine in order to permit uses of copyrighted materials considered beneficial to society, many of which are also entitled to First Amendment protection. Fair use will not permit you to merely copy another’s work and profit from it, but when your use contributes to society by continuing the public discourse or creating a new work in the process, fair use may protect you.

Section 107 of the Copyright Act defines fair use as follows:

[T]he fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include —

  1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
  2. the nature of the copyrighted work;
  3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole;
  4. and the effect of the use upon the potential market for or value of the copyrighted work.

Unfortunately, there is no clear formula that you can use to determine the boundaries of fair use. Instead, a court will weigh these four factors holistically in order to determine whether the use in question is a fair use. In order for you to assess whether your use of another’s copyrighted work will be permitted, you will need an understanding of why fair use applies, and how courts interpret each part of the test.

In any case, because of your concerns and your demand for a substantial amount of compensation, we have removed all of the photos included in Mr. Bashinsky’s article from our website. See here: http://thebluepaper.com/article/your-friendly-florida-keys-swimming-buddy-mrsa/.
We do, however, maintain the position that the use of the image was exempt through the “fair use” doctrine.
Sincerely,


Naja Girard

Key West The Newspaper
[The Blue Paper]
http://thebluepaper.com
[305] 304-6882

 

I replied to ALL:

MRSA 2

Your MRSA photo online, above, I praise for alerting the general public to the grave peril posed by MRSA, which is a serious threat down here in Key West and the Florida Keys.

Yes, I published that photo.

Over the years, Naja and I had conversations about photos I pull down from the Internet, which seem in keeping with topics on my daily blog, and, when she asked where I got the photos when I submitted my MRSA article, after she indicated interest, I said I didn’t know who took the MRSA photos, or who owned any rights to them.

Naja also knows I routinely republish local newspaper articles and editorial and letters to the editor with my own interjected comments, which expand the facts, explain any not reported backstory, and frequently are critical and/or sarcastic, and sometimes praising. She has steadfastly declined to republish any articles I submit, which contain republished Citizen articles.

Although I have a PayPal button on goodmorningkeywest.com, it was not installed until the late fall of last year, as I recall, and since it was installed, it has produced very little revenue/donations, and most of that was in the very early going. The website was created in July 2007, and was not copyrighted, and anyone who wanted to do so could copy and reproduce anything on it. That’s still the case.

I told Naja the other day, when she first emailed me about your copyright infringement claim against Key West the Newspaper, called “the blue paper” down here, that, if it were me to whom the demand was made over something so important to the public welfare - MRSA is rampant down here in the Florida Keys, every physician and diver down here knows if you have a nick or scratch on your skin, you enter the ocean down here at risk of contracting MRSA - that I would welcome a lawsuit against me for using MRSA photos I found online, and we could make a national case out of it and in that way alert America and the world about the threat of MRSA flesh-eating bacteria in Key West and Florida Keys waters.

Years ago, I started using the subject MRSA photo and other MRSA photos in articles I published about MRSA. It seems I am the only person in Key West and the Florida Keys willing to alert the public to the danger of going in the water down here with a nick or scratch on your skin. Key West’s Mayor Craig Cates categorically denied in last year’s mayor’s race, in which I was a candidate, that there is MRSA in the water down here. He said our ocean is clean and beautiful. That was after I had said, during a mayor’s candidate radio debate, what you read above about MRSA down here.

The chambers of commerce and local tourist development board also are mum about MRSA in the Florida Keys and Key West ocean.

When I contracted MRSA in 2003, in Key West, local surgeon Michael Klitenick, M.D. told me, after he had carved three nasty MRSA abscesses out of my hide, two from my groin, one from my butt, that I could do anything I wanted to do, but go into the ocean. I wish now I had taken before and after photos of the abscesses and the gaping open surgical wounds after the abscesses were cut out of my hide.

A few years later, Ian Garriques, M.D., the infectious disease specialist who had diagnosed my MRSA, and then had called in Dr. Klitenick to save me, had a letter to the editor published in the Key West Citizen, in which he said MRSA is pandemic in the Florida Keys. Not epidemic, but pandemic.

So, you see, MRSA really is a grave problem down here, which the political and corporate powers that be don’t want any tourist, nor any potential tourist, knowing lurks in the ocean down here, waiting to latch onto them and go home with them, and then break out and they and their doctors don’t know where it came from. MRSA is very dangerous, medicine has a very rough time treating it. I have a home remedy for it, which was explained in my article the blue paper published, in which was the photo you claim violated your copyright.

I hope you will forbear and lay to rest your copyright infringement claim. The Girards and I made no money from it. We tried to save people a great deal of grief, and worse. However, if you pursue this claim, know Naja’s husband Arnaud is a lawyer, and they are quite familiar with litigation, as they do it themselves. As am I familiar with litigation, because I, too, am a lawyer. Although Arnaud Girard and I do not practice law now, I did so in Alabama quite a few years ago.

I cannot speak for the Girards, but if you pursue a copyright infringement claim against me, I will do all I can to propel your claim into the national and international limelight. I have been on national television before, in another life, because I was making a lot of waves back then about the double agent problem in the residential real estate industry, which was not life-threatening. MRSA is life-threatening.

I look forward to your reply.

Sloan Bashinsky

P.S. Googling MRSA and then clicking on image will bring up many photos of MRSA, including perhaps yours, LCS@sciencephoto.com. That’s how I found the MRSA photos I use from time in articles at goodmorningkeywest.com.

I found myself wondering, again, after responding yesterday, if you, LCS@sciencephoto.com, have accused Google of copyright infringement?

I have wondered since first hearing from Naja over your copyright infringement claim against Key West the Newspaper, if you, LCS@sciencephoto.com, are in the business of making copyright infringements allegations to make money, or if you really are upset that your photo was used to warn the public about MRSA in the Ocean down here?

I also have wondered from the beginning, if you, LCS@sciencephoto.com, actually took the photo? Or did you buy it from the person who took it?

Naja and I discussed all of that after she received your copyright infringement claim. She’s a lot nicer, usually, but not always, than I am.

Sincerely,

Sloan Bashinsky

Sloan angel

Obviously, the angels want me to see “Water Diviner”, but that might have to wait, as I’m due to be at the county jail around 1 p.m. today to see my lady Kari, who told me on the telephone last night that all she has to do is think of me a little while, and then she has an experience she cannot write in a letter to me, because the jail censors would not let the letter leave the jail.

Kari and me at Higgs

About Sloan

Darn, that would take a while. Try the autobiographical pages in the header. Ditto for header menu pages at www.goodmorningbirmingham.com. Hatched and raised there, eventually I ran away from home. Here's a short list: Born 1942; male; spoken for; accused of all sorts of imaginable and unimaginable things, perhaps some true. Live on Key West of Weird asteroid. Publish something most days at goodmorningkeywest.com, been at that since July 2007. That's heaps of catch-up reading, probably not recommended.
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