Memo To The Ministress: Back Away From The DMCA Launcher, Because It’s Not Gonna Shut Me (Or Anyone Else) Up

Well…the war of smack between Shelley Lubben and her critics has now gotten real. I mean…really real. With open thoughts of attorneys moving in.

The focal point was when Michael Whiteacre and Jordan Owen, two of the more pronounced critics of The Ministeress, decided to coordinate on a video that was originally released over at Shelley’s YouTube channel. That would be the one where Shelley decides to pass an altar call to her God and Father to pray for her antiporn ministry to continue to save lives and rescue damsels in distress from the big, bad Satanic porn industry…with the assistance of an eight-foot pole. (Apparently, heaven doesn’t quite have Wi-Fi yet, so more spartan means of communication was needed.) Mike discovered the video and passed a mirrored copy to Jordan, who then re-edited and released it, adding his own irreverent annotations and subtitles.

The resulting video became so popular that it was mirrored by plenty of folks…yours truly included.

Well, apparently, Lubben didn’t particularly like the heat that that video produced, and so she petitioned YouTube to force out the mirrors of her video…using her copyright powers under the Digital Millennium Copyright Act (DMCA) and her holding company, Shelley Lubben Communications, Inc., to push YouTube to take down the vids. Under YT policy, any business entity can claim copyright over an image or video posted at their site, and can block any images posted there without their approval…and if copyright is claimed, the offenders could not only face temporary suspension of their accounts up to even deletion and banishment, but also serious legal action for repeated violations.  Indeed, Mike Whiteacre’s YT channel was pulled in its entirity for “numerous copyright violations” due to claims of copyrighted material “stolen” from Lubben’s channel.

For his part, Whiteacre has responded with his own counter claim that the alterations of the original video should not have been pulled by YouTube, because such commentary of a public material is protected and exempt from copyright by the “Fair Use” doctrine, which protects the use of media satire and commentary of public figures.

Many mirrors of the annotated Lubben “8-foot staff” altered video were also hit with DMCA takedown notices and deleted as well A few supporters of Jordan and Mike have seen fit to repost the vids as a means of protest against such blatant censorship. I also happen to have a saved cache copy of the video stored here, and I will offer a link to it for anyone who wants to see it.

But Jordan wasn’t merely intent with letting it lie, either; he posted this YT video where he announced the attempted DMCA takedown, and brought forth a few questions on whether this newly discovered “Shelley Lubben Communications, Inc.” was really another scam to like her pockets with money from her supposedly tax exempt Pink Cross Foundation. He made major reference to the analysis of the PCF’s 2008 and 2009 tax returns that Doug and Lydia Lee (the latter also being the former Julie Meadows) had posted last year at Lydia’s YT channel (“JulieMeadowsInt”) and at the Julie Meadows blog. And, he used a synopsis of “Shelley Lubben Communications, Inc” that was posted to a site called Manta.com which stated that the company had total average assets of $99K a year, distributed between two people (probably Shelley and her hubby Garrett, who is listed in the PCF tax returns as “Secretary/Treasurer” and paid a salary, like Lubben as “President”.)

For his troubles, Jordan got an attempted drive-by fisking by one of Shelley’s YouTube fangirls, the aptly named “Booboo”, who both challenged his use of a supposedly tainted business-rating website and attempted to bring in some personal issues of Jordan’s past into into her assault (as in, the fact that Jordan was at one time a member of a “Satanist” cult). Since Jordan has aptly dispactched that nonsense, I’ll simply leave that story as it is.

It turned out, though, that either Shelley had no backup or that the charges were actually proven to be false, because two weeks ago, Whiteacre was given full approval to repost his videos and was returned his channel back; and a week later, Jordan was awarded his right to post his video again as well.

That would, I would think, clear my name and allow my video mirrors to proceed…right??

Apparently not, I guess, because yesterday, I received a notice from YouTube that my mirror of the first installment of “The Devil And Shelley Lubben” — the one created by Michael Whiteacre and Julie Meadows — was hit with a DMCA copyright notice and was pulled…and that since it was the second time that a video I posted was hit such, I was one strike away from having my YT channel pulled permanently.

Never mind the fact that the original video installment is still active and now posted over at Whiteacre’s YT channel, and also at his website TheDevilAndShelleyLubben.com, and that there are many, many other mirrors of the series out there. As far as I know, no other mirror of that video has been challenged under DMCA copyright rules.

That tells me that this is more of a personal assault on ME for speaking out against Shelley and her ministry, probably because the acolytes think that since I don’t have Mike Whiteacre’s legal chops or income, I can be bullied into silence.

I. Don’t. Think. So.

The remainder of this post should be considered to be a direct memo to Shelley in response.

Uhhh, Ministeress??

People wealthier than you have made numerous attempts to shut me up and shut me down…and I am still standing and posting. I’ve faced down far more potent threats than the peashooters you are attempting to fire at me…so what makes you even think that I’m gonna let up on you now??

You know damn well that those videos are protected under both Fair Use principles (criticism or satire of a public figure for public actions is NOT liable to copyright violations), and basic First Amendment protections of free speech. Also, since I do not attempt to make one red cent out of my mirroring public critiques of you and your ministry, you simply don’t have a legal leg to stand on.

Only those who are afraid of the truth and who can’t defend their actions resort to such blatant censorship and intimidation and blackmail to silence their critics. Is that your idea of delivering your “message of Christ”?? Or…is it just your way of covering your behind to protect your wallet??

I’ve already filed the counternotification process to get my video cleared, based on the fact that the original videos were cleared for broadcast. If neccessary, I will be going to the ACLU or the EFF or whatever agencies are there.

Oh…and Ministeress??  You do know that it is a federal felony to make false multiple DMCA copyright accusations, right?? Since you’ve already been found to have made several in the past, you do know that you are risking even more scrutiny than ever…if not a serious court date??

You may want to think about that one, Shelley…or you might want to make plans to start up that prison ministry.

Or..you can just give it up, let free speech and free expression hold its course, and be woman enough to stand up to the criticism by actually responding to it in a mature and (dare I say) truly Christian way.

Your choice, Ministeress.

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