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Legal Defense Fund

9

by Jason Smathers on June 22, 2013

sign-36417_640Kel McClanahan, Esq. will be representing Jason Smathers of Witnesses Unto Me in the Ergun Caner lawsuit. He is the Executive Director at National Security Counselors, a 501(c)(3) nonprofit organization.

Ergun Caner is suing over the publication of materials which were received as a public record through the Freedom of Information Act from the United States Marines. National Security Counselors is a perfect fit for this case as their mission is to ensure the public is “as informed as possible about what its government does.” If Freedom of Information requesters can be subject to civil lawsuits, the public cannot remain informed.

Several people have graciously offered their support in this matter. If you would like to make a donation to help with the expenses involved in defending against Ergun Caner’s claims, you can send donations by mail or PayPal. PayPal is preferred as it is fast and we have an immediate need to pay certain fees related in starting the defense. If we prevail in the case and are able to collect attorney’s fees from Ergun Caner, you will receive your donation back. Further, if we end up not needing your donation, you will receive a refund. Per IRS regulations, these specific donations are not tax deductible.

PayPal
Send payment to: kel@nationalsecuritylaw.org
Check “for goods or services.”
Put “for Jason Smathers legal expense – not tax deductible” in note.

US Mail
National Security Counselors
1200 South Courthouse Road
Suite #124
Arlington, VA 22204
Put “Smathers defense – nondeductible” in the check memo.

National Security Counselors has taken this case at a greatly reduced rate. We would also like to encourage donations to them for their general operations and to help fund their time on this case. These donations will not directly offset any expense Witnesses Unto Me is obligated to, but will help National Security Counselors continue their mission. To make such a donation, use the same method as above, but change the memo to “tax-deductible for support while defending Smathers.” These donations are tax deductible and you will not receive a refund even if attorney fees are collected from the plaintiff or if they are not needed on this case.

This page may be reproduced without permission for the purpose of encouraging support for Witnesses Unto Me or National Security Counselors. All other uses prohibited.

{ 4 comments… read them below or add one }

James June 26, 2013 at 10:12 pm

As a Muslim I want to thank you for exposing this charlatan. May God guide you in the ways that are most beloved to Him.

Reply

Katie July 6, 2013 at 12:30 pm

Jason,

I don’t know if you watch Dr. James White’s site but the video that Caner claimed a DMCA violation on, has been restored. Seems YouTube agreed with Dr. White.

Here is the link: http://aomin.org/aoblog/index.php?itemid=5478

Reply

Jason July 6, 2013 at 12:47 pm

YouTube actually restored the US Marines videos recently as well. However, upon advice of my attorney, I made them private until the court rules. In both cases, YouTube doesn’t make any determination, they simply follow the DMCA guidelines which gives them immunity from lawsuits.

According to the DMCA, if an internet provider such as YouTube wants to be immune from being sued themselves, they must follow these guidelines:
1) If someone alleges copyright infringement, they must take the material in question down.
2) If the party who posted the material objects and sends a “counter-notice” they must provide it to the complaining party and give them 10 days to file a lawsuit.
3) If the first party does not file a lawsuit and provide a copy to the internet provider, the material is put back online; if they do file a lawsuit and notify the internet provider, the material stays offline until the court rules.

No internet provider is obligated to follow this procedure, however, if they don’t they are not protected by the DMCA’s provisions to hold the internet provider harmless for infringement.

Oddly, in my case, Caner notified Viddler of the lawsuit, but not YouTube. In the case of Dr. White’s video, he never filed a lawsuit.

Blessings,
Jason

Reply

Katie September 9, 2013 at 4:50 pm

Jason, I didn’t know if you were aware or not, but Dr. White is holding a seminar at a Texas Baptist Church, tomorrow night, September 10, 2013.

Here is a link for further info: http://aomin.org/aoblog/index.php?itemid=5523

God Bless.

Reply

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