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NY-26: The Real Jack Davis...Is A Lying, Thieving Scumbag

by: phillip anderson

Mon Jul 28, 2008 at 09:35:56 AM EDT


When two time loser Jack Davis began making noise about a third run at the NY-26 seat, he made all sorts of promises to the local Democrats he was trying to woo. He told them that this time he really meant it. This time he was not only going to commit a substantial sum of his personal financial resources, but this time he was actually going to, ya know, get out and actually campaign. This was, of course, yet more BS. So far we have seen not much more than tons of truly awful direct mail, his ridiculous "gasroots" stunt where he literally bought gas for folks, his rich guy condescension towards his opponents and a truly awful faux country jingle that simply defies description though does lend itself to vicious mockery.

Now crazy Jack is at it again, throwing money at his race, only this time he's crossed a line, a legal as well moral one, and one would hope he gets smacked for it. Instead of actually dragging himself out from his well appointed cave to actually engage voters, he's bought himself a site that "spoofs" that of his primary opponent, a man who actually has been out in the district engaging voters and building a real people powered campaign, Jon Powers.

Let's take a look, shall we? Here's Jon's site:

Here's Davis' site:

Now, the first thing that should be readily apparent is the rather blatant copyright violations here. Buffalo Pundit puts it thusly:

First off, it's not a parody site because it's not funny. Seconly, it's not protected by the fair use doctrine because it's not using mere excerpts of Powers' work product, but has completely mimicked his site in an effort to confuse and trick the reader. Everything right down to the logo, the font, the layout, and even the portrait, originally shot by Clarence photographer Chuck Eckert.

All of these items are protected by automatic copyright held by Mr. Powers. We all expected Jack Davis to use his millions to smear Powers. None of us expected him to do it by breaking the law and deliberately tricking prospective voters.

It gets better. Not only has Jack Davis paid for a site that quite overtly breaks the law, he's also bought himself a Google Ad campaign to pimp it. The site (which most certainly violates Google Ad's TOS) is being advertised on some of the biggest liberal blogs in the land including Daily Kos, Talking Points Memo, MyDD and Crooks and Liars. That's right, crazy Jack Davis whose surrogates (such as they are, I guess) have been grumbling about his online fundraising and calling him the "nutroots" candidate, is advertising his sleazy attack site on the biggest A-list blogs in the land with ads that ask "Do You Know Jon Powers?" The site (which I refuse to link) even promises to reveal the "REAL War Kids Relief Story." Talk about no good deed going unpunished...

Many folks in the 26th could answer the question about knowing the "real Jon Powers" affirmatively as there's a good chance that Jon has actually knocked on their door, something crazy Jack Davis seems unable or unwilling to do. Jack's plan to win this primary is to continue to throw money at paid media, including a site that not only is illegal on its face, but is also filled with outright lies, a "Brand New Man" indeed.

So, I guess it's time to get to know the real Jack Davis, two time loser in NY-26, overtly racist xenophobe, the man who made the world safe for millionaires to swamp their opponents in cash and now the man who is using those millions to illegally steal and spoof his opponent's site whilst lying through his dentures about his record. If Davis, a lifelong Republican who only "switched" parties after he was kicked out of a GOP fundraiser in 2003 after an altercation with Dick Cheney's handlers, wants the voters of NY-26 to get to know the "real" Jon Powers, he should be aware that the comparison of the "real Jon Powers and the "real" Jack Davis is one that is definitely not favorable to him.

What a piece of work.

I imagine part of the strategy, if there indeed is any strategy at all, is to tie up Jon Powers in court over this site, something crazy Jack Davis can certainly afford to do. Hell, how much did he spend fighting the Millionaire's Amendment all the way to the Supreme Court? One way to mitigate this would be for those A-list blogs now carrying the Google Ad to donate the proceeds to Jon's campaign. I know not all of them can afford to do so, but certainly many of them can.

This crap needs to get smacked down hard.

Say No To Jack Davis.

Crossposted at DailyKos

phillip anderson :: NY-26: The Real Jack Davis...Is A Lying, Thieving Scumbag
Tags: , , , (All Tags)
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Some people never learn (4.00 / 1)
After a week of intensive, negative campaigning, John McCain is nine points behind in the Gallup daily tracking poll, his largest deficit since they started tracking the general election.  His latest step is a blatantly false commercial deriding Obama for playing basketball rather than visiting the troops -- and the footage used in the commercial is of Obama playing basketball with our troops overseas!

Focusing entirely (or almost entirely) on negative campaigning doesn't work.  A candidate must establish a positive reputation; only then can the candidate successfully go negative.  Jack (millionaire's amendment) Davis hasn't learned this lesson.

The real question at this point is, will he ever learn?  (Note: The pronoun used here is deliberately vague.)


no. (4.00 / 3)
you'll have to find it yourself. I'm not linking that crap.

TODAY is day one. It always is.

[ Parent ]
The problem is (0.00 / 0)
that Flickr is blocked here, like at most responsible places of business, so I can't see what you're talking about.

You really think Davis mail has been truly awful? I think it's been really really good. The radio spots aside, I think your seeing his mail for what impact you want it to have rather than the impact it will have.


[ Parent ]
Seeing the impact (0.00 / 0)
  I can tell you the reaction that Jack's mailings have had with most of the hundreds of voters I've canvassed in the GLOW region:  "ENOUGH ALREADY!!!!".  I've had senior citizens dig the glossies out of the trash to wave at me as evidence for why they're not voting for Jack.  When I've asked about what the voters have seen of Jack, the vast majority don't mention the radio or TV ads, but rather speak disparagingly about getting two or three mailers in a week.  Its an example of overkill, throwing money at a problem that needs to be addressed another way.

  Don't judge other people by your own limitations.

[ Parent ]
Most responsible businesses... (0.00 / 0)
Block Flickr? Uhh, okay...

It's one thing to send out mailers as part of a strategy that includes going door-to-door, phone calls, holding events with voters, etc. It's another to send out mailers as your most personal means of reaching out to voters.

Have they been glossy? Sure. But that's more of a product of the money Davis has. He can afford glossy.  

Support our troops, not the war.


[ Parent ]
Just go to Daily Kos. (0.00 / 0)
It's right there, on the front page. Big bold type, too.

[ Parent ]
hmm... (0.00 / 0)
not seeing it. Maybe it was rotated out.

[ Parent ]
pulled (0.00 / 0)
I'm scrolling through the google ads on a couple of different  blogs (DKos, My DD), and not seeing it.  I think Google pulled it-- they do have standards.

[ Parent ]
it's a text ad (0.00 / 0)
and it's still there. hell, it's on the very page where my kos diary on the subject is.

TODAY is day one. It always is.

[ Parent ]
still nada (0.00 / 0)
yeah-- text google ads... went to your diary, rec'ed it and a bunch of comments up... but, still no Davis ad.  Scrolled through them all several times, just not there. Maybe it is just that google ads knows my cyberhabits and just sends me the ones on ten tips for a flat stomach and Obama soda, dunno.  But I have flipped through the whole bunch of them several times now, and the ad never shows up for me.

[ Parent ]
WOW. (4.00 / 2)
Dear Phillip, I think your post title denigrates scumbags, which, after all, have a utilitarian purpose in the provision of birth control and prevention of STDs.  But, then, as per my previous comment, the Real Jack Davis is something that is unprintable in polite society.  Like, netroots society, where we may favor the Creative Commons and open source software, but don't infringe on others' copyrights or otherwise steal their property.

I'm thinking that the national blogs should be taking these ads down, not donating proceeds.  The screenshot shows something that we all know is not legal.  If Reynolds' buddy Foley had posted an ad saying he was looking to screw underage boys, we would expect them to refuse to run it, as it offends community standards.  So does this, IMO.  Am I wrong?


Oh, of course. (4.00 / 2)
Now I get what a "scumbag" actually is. Only took me 38 years.

(slaps self)


[ Parent ]
Davis = scumbag (0.00 / 0)
I'm really tempted to get in touch with the Google people. You're right, this has got to be a TOS violation.

How about (4.00 / 1)
I don't know if the logistics would work out, but Powers should challenge Davis to a debate. This way, people could see the real Powers and the real Davis, and see what a phoney Davis is. The beautiful part about a debate is, no matter how much money Jack Davis throws at it, it won't help cover his scuminess up

Noble idea blueyork (0.00 / 0)
Powers should challenge Davis to a debate. If I was in Powers shoes, I would be chomping at the bit to debate. Davis is a three-issue candidate. He has admitted as much.  

Support our troops, not the war.

[ Parent ]
stay tuned. (0.00 / 0)
n/t

We've got some work ahead of us.

[ Parent ]
Disgusting (4.00 / 1)
Their "parody" is a perfect example of the leadership we could expect from this lunatic.
There IS a phone number listed on the site, which is clearly paid for by Davis, and the phone gets you right to his campaign office. Voice your opinion? 716-542-4499.
Jane

Poor lady (4.00 / 1)
   I called the number, and the lady who answered sounded very dispirited, almost heartbroken.  After I told her how awful I felt this tactic was, she sighed sadly, and weakly asked if I wanted to speak to someone from the campaign about it.  I got the impression that she's a paid receptionist rather than a volunteer staffer. The address for the phone number is Jack's company, I Squared R.  How much access do you imagine that situation gives the average voter to Jack's headquarters?

  Don't judge other people by your own limitations.

[ Parent ]
Excellent idea! (0.00 / 0)
I just stole it and suggested it to the dKos folks. Jack won't listen to reason, of course, but maybe phones ringing off the hook will convince him this tactic is counterproductive.

[ Parent ]
Completely consistent for Jack (4.00 / 1)
Jack is also trying to buy the Independence line, don't forget. Why else would he pay $5,000 each to the wives of the IP chairs in Erie and Monroe Counties?  And what services did they provide?  Why, they provided names of "Democratic contacts," as if they would know more about those folks than local Democrats.

Jack believes his cash should open every door, and he doesn't care about the damage he does in the process (see my repeated rants about how his Supreme Court case will kill off CMCE).  I always had the impression before that Jack wasn't running FOR Congress, he was running against Reynolds (and Cheney). It's as if he's so insulted that someone else would dare to run in NY 26 (and get broad support) that he once again isn't running FOR Congress.  This time, he's running AGAINST Jon Powers, the young whippersnapper who dared to run a race for this district the right way.


NY 26 is a hostage (4.00 / 2)
I'm tired of having our district subjected to an old man's psychodrama.  We have to figure out how to get across the message to average voters about how slimey Jack is being without getting all "inside baseball."  We should toss around ideas about how to get it all across.

[ Parent ]
Dude. (4.00 / 3)
Ok, so taking my Barber hat off for a minute and putting my personal one on:

Aside from the general wackness of this, from the perspective of a web designer, the intellectual copyright stuff that comes into play here is big. Even down to the photo...

Davis is a piece of work.


Intellectual Property (4.00 / 1)
I'm no expert and not licensed, but from my eyes, this is exactly the kind of thing that triggers successful litigation all the time in the entertainment business.

Powers should definitely phone through his supporters and see if any lawyers would be willing to pick this up.  It could be - and should be - a slam dunk against Davis.

Actually, basketball is too tame for this kind of thing.  After this, Jack Davis is no better than a hockey puck.


[ Parent ]
Soliciting opinions from solicitors (0.00 / 0)
  There are some qualified legal minds among us or so I'm assuming from some comments I've seen.  Does this 'parody' fall under the protection of fair use statutes?  http://www.publaw.com/parody.html From what little reading I've done this morning, from a layman's perspective it seems  that it would be considered protected speech.  Not that this isn't scummy, but it seems more likely to me that Jack's use of the Brooks and Dunn melody would be the more actionable if they didn't secure permission first.

  This has me very curious and I'd appreciate opinions from any legal eagles who lurk here.

  Don't judge other people by your own limitations.


yeah-- me too (0.00 / 0)
I took one course on Copyright Law at Cornell Law School during grad school, but the "satire" bit was pretty involved.... although I thought that unadulterated logo replication for personal gain was a clear-cut no-no.  Lawyers, what say you?

[ Parent ]
is it a parody? (0.00 / 0)
it certainly doesn't look like one. and he did just flat out steal the logo as well as the photo.

TODAY is day one. It always is.

[ Parent ]
Jack doesn't care (0.00 / 0)
His money will take care of it. As in the past, he will do whatever he wants and just pay the fine.

[ Parent ]
The hyper-rich (4.00 / 1)
...are a pestilence on society, lawless and predatory.  They must be controlled through vigilant progressive taxation.

[ Parent ]
My Blood Just Boiled Over (4.00 / 3)
This is not my home district.  I don't even know anybody from the 26th.

But dammit, if this Jack Davis guy refers to himself as a "New Yorker" after this disgusting stunt, I'd tell him to get the hell out of my state if I met him.  How dare he call himself a Democrat after a dirty stunt like this!

The way I see it, if this kind of shit isn't illegal already, it should be.  I hope the Davis "campaign" gets its ass hauled into court, fined for half of Jack's dirty money fortune, and throws him in the slammer to rot.  Oh, and the New York Times and 60 Minutes should make it their top story this week, so that all Democrats know that if you pull shit like this, whatever rug you had gets pulled out as well.

Scumbag?  I wouldn't stop there in private conversation...


The shame of it all (4.00 / 1)
...is that we have to spend time and effort against a "Democrat".  Jack Davis' egomaniacal quest for validation that money makes the man is a tragic diversion from the effort to create real change.

  That number again....716-542-4499. Phones lines are open. Register your opinion now.  But be nice to the poor lady who has to answer.  She sounds like she needs a day off.

  Don't judge other people by your own limitations.


Powers Platoon (4.00 / 1)
My apologies to Phillip, I won't be posting the link but I found the site and yet another factor that is disturbing about this and fits the scumbag model...

I was just working and took a little break to find the actual site. Not to help anyone find it, in fact, you don't need to even visit it, but the name of the actual URL incorporates "Powers Platoon." The link to therealjonpowers.com is taken and held by a 1 and 1 hosting parking spot.

So here is the thing--military folks and others have a LOT of pride for the military and soldiers whether or not they support a particular war or not.

I understand when and why campaigns do cutesy things like create websites like this, or parody websites, etc...sometimes they are pretty funny as well as informative and just like a PS can be read more in a letter than the content, the URL of a parody site can, if clever, get the message that the site is trying to convey across without the viewer even having to browse the actual site. You know what I mean?

So using this site in the way it is, even IF, let's say hypothetically for a minute (and no offense to Jon Powers) that the content on this site was accurate and informative. Let's say there really were some real issues, and ALL of the points on the site were 100% valid.

The fact that the URL includes something easily construed as (and in reality, it is) a play on Powers' military service as a way to bash him is something that to a lot of people is REALLY, really offensive.

I hope Powers' smashes him in the primary.


It's a "look and feel" violation (4.00 / 2)
What Davis did with the website replication of Powers' site is a "look and feel" violation.  

[ Parent ]
How you can help (4.00 / 2)
From the Powers Campaign:

We will be canvassing in Avon on Saturday, starting at 10 am.  We will meet over at the Tom Wahl's on Rts. 5 & 20.  Meanwhile, we'll be heading over to Batavia this weekend as well for a canvas; the exact time is being determined, I will let you all know of that ASAP.

  Don't judge other people by your own limitations.


Plus Three (4.00 / 1)
Jack Davis' web work is being done by Plus Three.  

Dumb.  

Thru-You


Strange Bedfellows (0.00 / 0)
  They also do website work for the Democratic Congressional Campaign Committee that endorsed Jon and put up money for ads.

  Don't judge other people by your own limitations.

[ Parent ]
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