Why is StationStops making the battle with MTA so public?

To put a stake in the ground, an anecdote, a Google search – maybe even a court decision that prevents MTA from squashing small business and the rights of everyday people with a single outrageous phone call or tap on the shoulder in the future.

I know that one day after this fight is over and done, MTA is going to pull some litigious shenanigans with an individual or a small business. That person or business is going to Google to see if other people had experienced the same. That person is going to read about me and my fight, and its going to inspire them to get a lawyer and stand up for their rights.

How do I know this? Because that’s what I did. I read about previous transit companies laying claims to copyright on facts on Techdirt, and that stuck in my brain. When MTA made its allegations against me, that information did not magically make me a lawyer – but it was absolutely the tiny piece of encouragement I needed to decide to retain one and FIGHT.

MTA is a special company. Its massive – it’s tri-state.

So when an MTA employee taps on the shoulder of a photographer and says ‘hey, you can’t take pictures here’, even if the area you are in are specifically protected by your rights as photographer, that’s bad – much worse than other companies.

Why? Because there are millions of passengers and tourists throughout the Tri-State area taking pictures on MTA property – because mass transit is such a massive and visible part of our culture and history. Because of the sheer volume of citizens whose rights can be crushed with that tap on the shoulder, individual infractions by MTA cannot go unheard – they must all be heard.

MTA has a corporate responsibility to know EXACTLY what parts of the transit system are protected as public spaces (whether they are privately owned or not) and exempt from MTA being able to legally stop people from photographing there.

MTA employees (especially police) should be prohibited from even inquiring about a photographer’s actions without first handing them a card informing them of their rights, and properly identifying themselves and recording the area in question.

I would LOVE to know how many wonderful photographs of New York City have been removed from the cultural history of our country simply by an MTA employee tapping someone on the shoulder and saying ‘You can’t take pictures here – get out or I will call an MTA police officer…’.

MTA you are too big to play it fast and loose with the rights of individuals and small business.

Let me introduce you to a concept known as corporate responsibility.

As a part of your special and unique charter as caretaker of our beloved transit system, you need to be specifically training your employees – especially your lawyers – to AVOID planting your giant feet on the rights of so many people.

Why?
Because we have fitted you with such enormous shoes.

I understand that, as a monopoly, unlike other corporations, or even government, you are specifically immune from the normal consequences of negative public opinion – having your customers switch to the competition or being an elected official thrown out of office. Believe me, you make that clear to everyone every day in so many ways.

You are becoming like a proxy government, especially in NYC – even having your own police force and massive legal resources.

When MTA calls a small businessman like me on the telephone, and threatens his business and livelihood with false intellectual property claims, that REALLY needs to be heard.

We are not in an economy that can afford more MTA and fewer small businesses – quite the opposite – we should be systematically protecting small business AGAINST action by giant corporations like MTA.

It is small businesses like mine which grow to support jobs and revenue which pay taxes and commuter fees to support MTA. Small business is the BACKBONE of the US economy and job market.

The tri-state has never needed them more than they do right now.

I should not be calling intellectual property lawyers about what is MTA intellectual property and what is not – MTA should observing the corporate responsibility of knowing exactly what their intellectual property consists of and what it does not, and not have its lawyers misrepresenting what it does and does not own in order to dispose of small business.

Finally – this isn’t just about MTA. It’s about making the reality of Intellectual Property law exposed, so that small business who previously shied away from useful products and services out of the common, unknowing fear of intellectual property law, will instead take the time to understand it.

Intellectual property law exists to ENCOURAGE creativity, productivity, and small business by making it very clear what is owned by whom. It is not a giant catch-all scaryword for monopolies to misuse for their own interests.

Intellectual Property law exists to protect StationStops and StationStops for iPhone – legitimate businesses developing new products and services while carefully protecting the rights of other companies like MTA. Whether they have 3 users, or 3 million, every small business has just as much right to exist, prosper, grow, and compete as MTA does.