Lost Remote have a post up on a blogger, called Spocko, who criticized a Disney owned radio station for “its ultra-right-wing commenteryâ€. The radio station, KSFO, have branded themselves with The News And Views You Won’t Hear Anywhere Else, which the following quote from Lost Remote sure proves (more over at Spocko’s Brain):
(For example, the hosts demanded that callers mock Islam, called for public hangings of New York Times editor Bill Keller and suggested that a Sears’ Diehard battery be attached to an African-American’s testicles.)
Spocko recorded and published sound clips from the radio show in question, which got the Disney lawyers fired up and landed Spocko host Blogger with cease-and-desist orders. The blog is still up though.
Sure, Spocko is probably breaking the law by putting up audio clips to prove his point, but Disney is making a huge mistake pulling out like this. The negative impact it has on the company for giving room to the radio show hosts’ political incorrect opinions is one thing, but then standing up for them by taking their side is a PR nightmare to say the least. I’m not impressed, but then again Disney hasn’t been giving me good vibes in a long, long time.
Originally posted on January 7, 2007 @ 4:26 am
He’s not breaking the law. Check out the law related to “fair use” of copyrighted material.
Macca is spot on, this guy is free to use clips as part of a bigger story under the fair use provisions of US Copyright Law. Interestingly he hasn’t taken the clips down as of yet from what I can see, my advice would be for him/ her to contact EFF for support and advice.
I’m with Macca and Duncan … Spocko is protected by “fair use.” Disney in this instance appears to be attempting to squelch the negative publicity before it happens, by bringing out the big guns. If they really want to kill the negative publicity, they should do what any company that values their brand should do — fire the jackass that made the comments in the first place.
Sorry but this Spacko guy should go and find a better ISP – one that doesn’t bend over whenever some lawyer representing a media firm sends them a letter. Of course ABC and Disney are going to try and protect their revenue. But there was no reason for the ISP to shut his site down. His gripe should be with his ISP. Which ISP was he using? This should be made clear so we know who to avoid.
Mark,
I’m sure you meant host. It appears they are now using Computer Tyme hosting, who claims to be a specialist in free speech hosting after being dropped by 1&1 (according to the Kos article). The problem currently with the DMCA provisions are that hosts are obliged to take these materials down, it’s only after filing a counter claim can you have them reinstated. It totally sucks (I’ve had it happen to me), but it’s the law as it currently stands, which is why DMCA abuse is so widespread. You Americans, particularly with a new colour in congress should get something done about the DMCA. I would participate, but I’m not American.
“Fair use,” remember, is a defense when you are sued for copyright violation. It means that if you are sued, and the judge or jury agrees that your use qualifies as fair use, you won’t be found liable. It doesn’t mean you can’t be sued, or that you can’t be made to take down copyrighted material owned by someone else.
Let’s hope he stands up for himself then!