In the name of Almighty God, in the spirit of 1776, and to the fullest extent permissible by law:
- Definitions. As used in this document (this "Legal Notice"), the following terms having the meanings set forth in this paragraph:
- "Approved Modification" has the meaning ascribed to that term in paragraph 9 of this Legal Notice.
- "Author" means the natural person of the creator of this website.
- The "Author's Intention" is:
- that the Contents forever remain freely and publicly available in the form in which he personally has created it,
- that the Author retain exclusive control of all of his Rights and the Contents while he remain alive, free and under no compulsion or duress with respect to any of same,
- no Other Person will ever have any right to modify the Contents, even if such persons have acquired, by any means or to any extent, any of the Rights, or any form of control over same,
- a Licensee ought to have standing to enforce the provisions of this entire document as against any Other Person, and
- such other intention as may be expressed in this Legal Notice, or reasonably evident based on a reading of this Legal Notice as a whole, and, if any doubt should then remain, considered in the context of the subject matter and Contents of this website.
- "Contents" means all original work of the Author presented on this website, whether or not explicitly marked as such, together with, as far as possible, quotations, hyperlinks, embedded media, other types of references to, fair use, or other uses permissible under applicable law of, the works of others.
- "Includes," "including" and other forms of the same word, regardless of capitalization, are intended to be illustrative and not restrictive, i.e., to always be interpreted in the sense of "without limitation," unless an express and unambiguous expression of an intention to the contrary has been made.
- "License" and "Licensee" have the meaning ascribed to those terms in paragraph 3.
- "Other Person" means any person other than the Author, including:
- Any successor-in-interest to the Author with respect to the Rights; or
- Any guardian, trust, attorney-in-fact, or any other person acting or purporting to act on behalf of, in place of, or otherwise in the interests of the Author, for any reason whatsoever.
- "Responsive Web Design" has the meaning commonly understood by professionals in the field of web development.
- A "Qualifying Event" has the meaning ascribed to that term in paragraph 3 of this Legal Notice.
- The "Rights" means all rights of the Author, at law or in equity, including the following:
- Zersetzung, the website logo (an adaptation of the Bennington Flag), and the "No-Fly List" e-mail service are all claimed as trade- and/or service-marks of the author; and
- The Contents are copyright © 2005 through the present by the Author, as applicable.
- The term "shall" is used herein, regardless of capitalization, to impose an obligation.
- "Approved Modification" has the meaning ascribed to that term in paragraph 9 of this Legal Notice.
- The Author asserts and, except as otherwise expressly provided in this Legal Notice, reserves all of his Rights.
- In the event of the death, disability, incapacitation, disappearance, involuntary institutionalization or commitment (1) (2), reasonably-apparent coercion in any form whatsoever of, or other deprivation of liberty or loss of control by the Author in any form (any of which constitutes a "Qualifying Event"), the Contents may be immediately reproduced and made available to the public by any person valuing the preservation of the unmodified Contents (a "Licensee"), subject to the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License (to the extent that it consistent with this Legal Notice), if and to the extent necessary to prevent copyright, trademark, or any other form of intellectual property claims, or for that matter any form of compulsion whatsoever, legal or otherwise, from being used as a means to censor (1) (2), alter, misrepresent, or otherwise interfere with the continued widespread public availability of the unmodified Contents, or even the reasonable appearance of such (the "License").
- The Author declares that it is not his intention to create a so-called "naked license," but that he can devise no means by which to reconcile the rules governing that legal concept with the provisions of paragraph 3 of this Legal Notice, such paragraph 3 being essential to his purposes.
- A Licensee shall notify the Author, at the earliest reasonable opportunity, if any, given the circumstances surrounding the Qualifying Event, of her publication of, or intention to publish, any materials pursuant to the License. For the avoidance of doubt, a Licensee is under no obligation to notify any Other Person. Intentionally deleted for the reason expressed in paragraph 4.
- No Other Person, regardless of any ownership, authority, control or other claim they may have with respect to any of the Rights, may at any time or in any way, modify the Contents (including the terms of this Legal Notice). For the avoidance of doubt, and without limiting the generality of the preceding sentence, no Other Person may ever, under any circumstances whatsoever, alter or revoke the License. Because the Author is not trained in law and policy as respects either intellectual property or trusts, a court deciding any claim or controversy concerning this paragraph is invited to invoke any legal or equitable theory or remedy necessary to effect the Author's Intention (perhaps by holding that the Rights were received by, or are held by such Other Person, as the case may be, in trust for this very purpose).
- Nothing herein is intended to prohibit any Other Person otherwise having a Right or License from making changes to the underlying code of the website, but they may do so only to extent that such changes:
- are reasonably necessary due to the then- and there-existing state of the technological landscape, or continuing changes thereto (including newer versions of internet-related protocols, languages, or the underlying content management system, or barriers to communication caused by emergencies or imposed by hostile corporate or state actors (1) (2)), so as to, as best as may be possible under the circumstances, preserve the continued widespread availability of the Contents or the proper function of the website as a whole (including the functionality of hyperlinks and audio/video playback mechanisms),
- do not meaningfully alter the visible appearance of the Contents; provided, however, that reasonable alterations (i) proximately resulting from either (a) Responsive Web Design or (b) the saving of otherwise-unmodified Contents to file formats convenient for presentation (e.g., HTML, PDF) or distribution (e.g., peer-to-peer file sharing protocols); and (ii) otherwise consistent with this paragraph 7 and the Author's Intention; are not subject to this subparagraph (B), and
- do not in any way modify the substantive content of the Contents, including
- the editing in any way of visible text; or
- the alteration of image, audio or video elements, in any way beyond the mere conversion of electronic file formats described in the preceding paragraph such as may under the circumstances be both (a) reasonable and (b) otherwise consistent with this paragraph 7 and the Author's Intention.
- The License, as respects any individual Licensee, is automatically revoked as of the moment that such Licensee acts, or attempts to act, in a manner that is intentionally or recklessly inconsistent with the Author's Intention. The Rights of any Other Person are likewise automatically forfeit as of the moment that such Other Person so acts, or attempts to act.