View sheldon toplitt's profileTuesday, July 13, 2010
Monday, July 12, 2010
Death Be Not Free: PA Readers to Pay 'Obit o' Money"
Image via WikipediaAfter seven "free views" monthly of LancasterOnline's online obituary pages, non-Lancaster County readers will have to dole out $1.99 a month or $19.99 annually to find out which Pennsylvanians have gone from the Keystone State to a headstone state so to speak. The editor of LancasterOnline anticipates as many as 100,000 readers outside of the area are visiting the obit pages annually, which could mean $100,000 to $500,000 in additional revenues, depending on the subscription rate.
New Yorkers, and residents of Harrisburg and Philadelphia constitute the largest percentage of out-of-area visitors to the website, according to the editor. The Lancaster daily boasts a Sunday readership of 95,000 and daily circulation of roughly 81,000. Subscribers of the print edition or of the e-edition of the Lancaster paper won't have to pay to peruse the online obits.
Friday, July 9, 2010
Not a G'Day for Google Down Under
Image by Getty Images via @daylifeAlthough Curtis' completed investigation condemns the conduct of the Mountain View, Calif. search engine giant, the Privacy Act's provisions prevent her from imposing any sanctions against Google because she initiated the inquiry. Google's shrimp may not be off the barbie yet, however, because the AP account said the Australian Federal Police are conducting a probe into whether the company may have violated Austrailia's telecommunications interception act. Google Search "English-speaking nations with too many bad laws" now.
Google published an apology to Australians on its blog. The company admitted in May that it improperly gathered data from more than 30 countries while carrying out its Street View mapping duties.
UPDATE: Judge Reduces Damages KaZaA-Lovin' Grad Student Must Pay RIAA
Image via WikipediaJudge Gertner ruled that the amount of damages the jury determined that Tenenbaum owed record companies for unlawfully downloading copyrighted songs was "unconstitutionally excessive." In Sony BMG Music Entertainment et al. v. Joel Tenenbaum (Case No. 07-cv-114446), the jury awarded four record companies $675,000 in total for Tenenbaurm's 2004 downloading of 30 copyrighted songs from defunct peer-to-peer network KaZaA, including Beck's Loser and Nirvana's Come As You Are, that he proceeded to share online.[See "TUOL" posts 8/3/09 & 7/28/09.]
Judge Gertner reduced the judgment against Tenenbaum to $67,500, one-tenth of the jury's award. She said that the damages amount was still severe and a deterrent to others who might infringe on copyrighted works, Judge Gertner said her ruling also makes clear that the constitutional protection against excessive punitive awards applies equally to "ordinary people" such as the BU grad student as it does to large corporations.
Tenenbaum told The Boston Globe that he was pleased by the reduced award, but hastened to add that the $67,500 judgment was beyond his ability to pay as well. Here's some unsolicited legal advice to the defendant from the crackerjack "TUOL" legal team: when a 5-star gourmet restaurant comps your meal, it's not polite to ask for seconds.
Thursday, July 8, 2010
ESPN Allows 'Chosen One' to Choose Everything
Image by Getty Images via @daylifeStill, ESPN has lowered the bar with l'affaire LeBron James, as chronicled by Ad Age and The New York Times. For the NBA-challenged among you, LeBron James, a/k/a the "Chosen One," is one of the best pro basketball players on the planet and a free agent. His long-time team, the Cleveland Cavaliers, has been desperately trying to re-sign him to a megadeal, as have suitors, including the New York Knicks, NJ Nets, Miami Heat and the Chicago Bulls.
James will decide which team's barrel of money he will accept this evening, but it's how the public will learn of his choice that rubs "TUOL" the wrong way. An hour-long special, cleverly called "The Decision," will air on Disney-owned ESPN this evening at 9 and is sure to be a cable ratings monster.
On the positive side of the ledger, the ad revenues generated by the show will be given over to the Boys & Girls Club of America. Otherwise, it's a dark day for sports journalism. ESPN has also allowed James to choose the journalist to whom he will make his grand pronouncement. James will share the scoop (but not his money) with freelance journalist and former ESPN reporter Jim Gray, though ESPN NBA analyst Michael Wilbon will also be on-hand to ask a question or two.
ESPN apparently now stands for "Every Superstar Prescribes News." Imagine the influence James would exert if he ever managed an NBA championship as Kobe Bryant and Michael Jordan have done so many times.
Wednesday, July 7, 2010
Nevada High Court Rules Guv Gun Records Open to Public Scrutiny
Image via WikipediaThe 14-page ruling by Nevada's High Court said Washoe County District Court Judge Janet Berry wrongly decided the records involving the alleged improper handling of Gibbons' permit were not subject to the Public Records Law. The Supreme Court distinguished that weapons permit applications are confidential, but that an applicant's identity or any records of a subsequent inquiry, suspension or revocation are not.
The Supreme Court ordered Judge Berry to redact any confidential information before releasing the records to the Gazette-Journal, which sued County Sheriff Mike Haley in 2008 to obtain the governor's post-permit documents. Gov. Gibbons gave up his concealed weapons permit, ceding that he had not completed the requisite training for his nine pistols, although he signed an application saying he had.
The incumbent Gibbons' reelection efforts were derailed in June when he lost the GOP primary. Goes to show that even without nine pistols, one can still shoot oneself in the foot.
Can A Google Get Some Love?
Image via WikipediaGoogle controls 79 percent of the European search engine market, according to ComScore, Inc. Five months ago, Ejustice.fr, Foundem, and Ciao from Bing lodged an antitrust complaint against the company. Google denies that its business operations run afoul of European competition laws. Faithful readers of "TUOL"--you know who you are--are familiar with posts over the past year involving various countries lining up to take potshots, and a tug at the purse strings of Google (see posts on 2/25/10, 1/11/10, 12/23/09).
Fla. Appeals Court: ESPN Wins Don King Libel Suit by a TKO
Image via WikipediaESPN's Sports Century devoted a 2004 episode to the life and career of the boxing promoter. King alleged that the program contained false statements that harmed his reputation, including allegations that a charitable boxing exhibition featuring Muhammed Ali arranged by King cheated a Cleveland hospital out of ticket proceeds, that King purportedly threatened the life of the author of a book about him that was critical, and that he owed money to a boxer in his stable of fighters.
Judge Damoogian's decision noted that to sustain his defamation claim as a public figure, King had to prove that the defendants made the statements at issue with actual malice, that is, knowledge that they were false or with reckless disregard whether they were true or false. A mere failure to investigate the statements at issue before the defendants aired them, without more, does not rise to the level of actual malice, according to the appeals court.
The 79-year-old boxing impresario who promoted Ali's "Rumble in the Jungle" and "Thrilla in Manila" fights can add his own "Horror in Florida" hair-raising litigation experience to his list of achievements.
Tuesday, July 6, 2010
U.S. Warily Eyes Armenia Media Restrictions
Image via WikipediaPursuant to the Armenian law, outlying regions would be limited to four radio stations and nine television stations, whereas Yerevan, Armenia's capital, would boast 18 digital tv stations and a dozen radio stations. Even the capital city would be affected by the new law, however, as the 18 digital tv stations pale compared to the more than 20 television channels previously available in Yerevan.
According to the Reuters account, Secretary Clinton said Armenian officials told her they may amend the law in the fall.
Doctor Photo, I Presume?
Image by Lars Plougmann via FlickrThe cover photo at issue shows a reflective President Obama standing alone on a Louisiana beach with his head down. Compelling and symbolic, without a doubt. Phony? Absolutely.
Seems as if The Economist, which is half-owned by the Pearson Co. subsidiary Financial Times and half-owned by independent shareholders, neglected to acknowledge adding the blue waters of the Gulf of Mexico to the photo where Coast Guard Admiral Thad W. Allen and local parish president Charlotte Randolph were previously standing.
The Economist has not commented on the doctoring of the photo of President Obama that was taken by Reuters photographer Larry Downing on May 28. It's one thing with fiddle with cover art on a literary magazine, but "TUOL" believes that news readers looking for substance from The Economist ought to be able to assume that a cover photo is a true depiction.
Now "TUOL" can't help but wonder if The Economist cover photo of North Korea strongman Kim Jong Il accompanying this post originally had him standing next to Kate Gosselin and Lindsay Lohan.
Friday, July 2, 2010
Vending Solutions Co. Files $100m Libel Suit Against Author
Image by Sportech via FlickrThe case, AVT, Inc. v. Russell [sic] Lane, The Penguin Group, et al. (Case No. 00386093) before Judge Gregory H. Lewis, arises from a book published in June 2008, The Zeroes: My Adventures in the Decade Wall Street Went Insane, written by defendant Randall Lane, editor-at-large of The Daily Beast blog and former Washington bureau chief for Forbes magazine.
In its 15-page complaint, the plaintiff alleges the defendants falsely accused the company of engaging in illegal activities that also purportedly involved former Philadelphia Phillies outfielder Len Dykstra, who has contributed to cable tv financial guru Jim Cramer's website, TheStreet.com, because of his purported stock-picking expertise. Lane has written that Dykstra allegedly personally benefitted from the plaintiff in return for promoting AVT's stock on TheStreet.com.
Judge Orders Online Editor to ID Six Anonymous Bloggers in Libel Case
Image via WikipediaThe lawsuit, Thomas S. Hester Jr. v. Jane or John Doe a/k/a "Beautiful Dreamer," and/or "Confused," "Fatboy" et al. (Case No. 10-CVS-361), is based on allegedly defamatory comments following an article that appeared on www.homeinhenderson.com on Aug. 14, 2009. The article, entitled "Arrest Made in Elder Abuse Case," was written by website Editor Jason A. Feingold and concerned Esther Thompson, a tenant of a Henderson, N.C., property owned by plaintiff Hester, who allegedly sublet the premises to eight elderly tenants who purportedly were living in squalid conditions.
Although Hester allegedly was unaware of the sublet arrangement, comments by anonymous bloggers following the article questioned Hester's degree of culpability and criticized his involvement in the matter. Hester subpoenaed Feingold to produce the names of the pseudonymous posters whom he alleged had defamed him, and the editor sought to quash the subpoena on First Amendment grounds.
Balancing the First Amendment rights of the bloggers against those of Hester to pursue his defamation claim, Judge Manning refused to quash the subpoena. The judge ruled that the subpoena was issued in good faith, and sought relevant information material to Hester's defamation claims that was unavailable elsewhere. Courts in other jurisdictions have employed a more rigorous standard to decide the issue of whether to identify anonymous bloggers.
Since Judge Manning's Order, one of the six bloggers, who posted as "Pointkeeper," has identified himself on a radio talk show as being Robert D. Gupton, who claimed that he subsists on Social Security benefits and expressed a willingness to meet with Hester. The plaintiff is seeking re-election to the County Commission. Feingold has contacted the other anonymous bloggers regarding Judge Manning's Order.
Thursday, July 1, 2010
3 Gannett Dailies Introduce Paywall Today
Image via WikipediaPaywalls have gone up at the website versions of all three papers, as reported by www.journalism.co.uk and www.Editorsweblog.org. Under the dailies' subscription trials, Web users must either purchase a day pass ($2 for the Spectrum) or select one of the subscription offers(Spectrum $9.95/mo.). Subscribers to the print edition of the newspapers merely have to register online to gain access.
Editors everywhere are holding their breath to see whether paywalls can succeed at the local newspaper level.
Wednesday, June 30, 2010
Please Don't Feed the 'Cagey' Columnist
Image by Realitychek78 via FlickrMickadeit calls his exhibit "Columinist in a Cage: columnist horribilis in his Natural Environment," according to a report in Editor & Publisher magazine. His next door neighbor is a crested capuchin monkey.
No complaints from PETA yet. Clearly, the idea well has run dry for this columnist to engage in such a gimmick. "TUOL" fears in today's news media climate, more newspaper columnists may seek shelter in zoos to avoid extinction.
'Civil Action' Lawyer Slammed With Libel Verdict
Image via WikipediaSchlichtmann, whose battle against two companies that allegedly contaminated the Woburn town water supply with toxic chemicals was dramatized in the 1998 film, A Civil Action, in which he was portrayed by John Travolta, finds himself on the wrong end of the verdict in a case brought by The Cadle Co., a debt collection firm located in Ohio. Schlichtmann, who represented himself in the case, has been embroiled in litigation with the plaintiff since 1995, when Cadle sued him to enforce a security interest it claimed that it had on attorneys fees earned by Schlichtmann in a former case.
Schlichtmann set up a website, www.truthaboutcadle.com, to alert visitors about what he perceived to be unlawful conduct by the plaintiff in Massachusetts. Cadle sued for defamation, and a jury found that the plaintiff proved the defendant made defamatory statements about Cadle with actual malice on the website.
Judge Kathe M. Tuttman presided over the month-long trial. The case is The Cadle Co. v. Jan R. Schlichtmann et al (Case No. 05-00603-D).
Tuesday, June 29, 2010
Coffeeshop Newsroom: Where to Get the Latte-est News?
Image by tika hapsari via FlickrThe collaboration intends to involve the community and promote citizen journalism. FIJ staffers will man a computer workstation in the cafe, from which they will conduct interviews, write stories, and generate multimedia content for the website. Patrons are encouraged to approach the staffers to share news tips, discuss stories, and learn how to post stories to the open source news site.
The press release claims the cafe will boast a working newsroom with FIJ staffers holding office hours daily. The website editor is hopeful the Coffeeshop Newsroom will enable community members to get to know the reporters and offer FIJ staffers insights into their readership.
Wonder if there will be any signs posted at the workstation, such as "Please don't feed the reporters!" and "Please Don't Make Eye Contact with Our Anonymous Sources!" The dedicated staff at "TUOL" applauds FIJ's novel approach to connect with the community it serves, but would wager that if the FIJ journobloggers had their druthers, coffee would not be the beverage of choice.
Monday, June 28, 2010
UPDATE: Judge Allows Contract Claim Against Fox News to Proceed
Image via WikipediaThe case, Kenneth Stadt v. Fox News Network LLC (Case No. 1:09-cv-07910), was brought in September 2009, by the owner of the video footage and included counts alleging copyright infringement, conversion, breach of contract and breach of fiduciary duty. [See "TUOL" post 9/17/09.] Fox sought to dismiss the latter three "state claims," arguing that they were preempted by the Copyright Act.
Judge Scheindlin obliged as to the conversion and fiduciary duty allegations, but sided with the plaintiff in her 23-page decision that Fox's alleged ongoing promotion of the Stadt footage as a "Fox Business Exclusive," could constitute a material breach of contract. According to Stadt's original complaint, Fox paid him $10,000 in January of last year for the exclusive right to air the Madoff footage for 45 days, and then coughed up another $50,000 to show the Madoffs at sea for another 45 days. The plaintiff contends that Fox continued to show the allegedly copyrighted video of the seaworthy scammer once the exclusive rights period expired.
UPDATE: Control of Le Monde Goes to Banker, Fashion & Porn Moguls
Image via WikipediaA consortium led by a subsidiary of France Telecom (see "TUOL" post 6/22/10) withdrew its bid Monday, leaving the field wide open for Matthieu Pigasse, 41; Xavier Niel, 43; and 80-year-old Pierre Berge to gain control of Le Monde, which employs about 280 journalists and boasts a circulation around 300,000. Pigasse is a prominent figure with the investment bank, Lazard, Berge, the co-founder of fashion giant Yves-Saint-Laurent, and the colorful Niel founded Free, France's largest non-state owned telecommunications company, after initially amassing a fortune running sex chat services. Ooh, la la.
The winning bidders are not favorites of French President Nicolas Sarkozy, because of what he perceives to be their left-leaning political sentiments.
Friday, June 25, 2010
Appeals Court Tunes Out Judge's Claims Against Radio Station
Image via WikipediaNewark, Ohio-based WCLT aired an editorial in November 2008, in which its station manager said two of three candidates for a domestic relations judgeship, including the plaintiff, were unqualified for the position. Regarding the plaintiff, the editorial cited several complaints about her conduct filed with the Ohio Supreme Court's disciplinary counsel and mentioned an assault complaint filed with the Newark Police Dept. in July 2007, alleging the plaintiff had struck an individual in a courthouse elevator.
Plaintiff sued, contending that although the editorial's statements were "literally true," they created an improper inference that she had been sanctioned by the disciplinary counsel and charged with assault, neither of which was accurate. The trial court granted the defendant's motion for summary judgment, finding that the editorial was not made with actual malice, contained constitutionally protected statements of opinion, and could be construed as non-defamatory. By a 2-1 margin, the appellate court agreed.
"Judge not, that ye be not judged." Matthew 7:1. "This is why judges shouldn't be elected." TUOL 6/25.
Judge: Media Can See Dash-Cam Video of Allegedly Drunk Solon
Image via WikipediaThe Utah Dept. of Public Safety had refused to produce the video, claiming its release would jeopardize Killpack's right to a fair trial of the misdemeanor DUI and failure to signal charges he faced. Killpack was arrested Jan. 15, 2010, and allegedly registered a Breathalyzer blood-alcohol level of .11, above Utah's .08 legal limit. He resigned from the Senate the day after his arrest.
The Department of Public Safety had appealed the Records Committee ruling to the 3rd District Court. State police routinely release dash-cam videos and arrest reports, which weakened the department's argument in the Killpack case.
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