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Fair Use Project Sues Michael Savage For Stifling Free Speech Of His Critics
Techdirt ^ | 10/15/08

Posted on 10/16/2008 1:52:14 PM PDT by nickcarraway

You may recall the lawsuit earlier this year, where radio talk show host Michael Savage tried to sue one of his critics for copyright infringement. The group in question had a pretty clear fair use claim, as they were using Savage's radio broadcasts for commentary and to respond to Savage's attacks on the group. And, in fact, a judge wasted little time explaining fair use to Savage, and tossing out the lawsuit.

However, it appears that Savage hasn't yet learned his lesson on fair use, as he's apparently been sending more takedown notices to folks who use his recordings and respond critically to Savage's on-air claims. In this case, the production company Brave New Films created a similar video critiquing Savage's statements. Savage's syndicator sent out a DMCA takedown notice -- something it clearly should have known was questionable given the recent lawsuit results. So, now, the Fair Use Project is suing Michael Savage and his syndicator, Original Talk Radio Network, on behalf of Brave New Films, for misrepresentations in their DMCA takedown notice.

In the original case, we had some Savage fans show up here in the comments insisting that his misuse of copyright was a good thing, because it would help "expose" the group that was criticizing him as a terrorist front. That's a ridiculous statement of course. If the group were a terrorist front, then that's something for the government to deal with -- rather than a justification for misusing copyright law. Are we now going to hear that Brave New Films is really a terrorist front as well? Or is it just anyone who criticizes Savage must be a terrorist front, and thus it's perfectly fine to try to misuse copyright law to shut them up? Free speech doesn't mean just the speech of people who agree with you.


TOPICS: Constitution/Conservatism; Culture/Society; Extended News; News/Current Events
KEYWORDS: fairuse; freespeech; michaelsavage; persimmons; talkradio

1 posted on 10/16/2008 1:52:14 PM PDT by nickcarraway
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To: nickcarraway

I hate Michael Savage but everybody needs to defend him and speak up for him on this (if little else).


2 posted on 10/16/2008 1:53:51 PM PDT by Artemis Webb (Please pray daily for OUR Sarah.)
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To: nickcarraway

After his grand rip on Palin, I could care less what happens to him now...


3 posted on 10/16/2008 1:53:58 PM PDT by xcamel (Conservatives start smart, and get rich, liberals start rich, and get stupid.)
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To: Artemis Webb

btw “hate” is a little too strong a word. I don’t “hate” him. I just don’t like him or trust him.


4 posted on 10/16/2008 1:55:11 PM PDT by Artemis Webb (Please pray daily for OUR Sarah.)
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To: nickcarraway

Savage is about the only talk show host who is not afraid of the truth. Unfortunately...or perhaps, predictably...a great many have their sights on him for that reason. I listen often and enjoy his show.


5 posted on 10/16/2008 1:57:15 PM PDT by Oldpuppymax (AGENDA OF THE LEFT EXPOSED)
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To: Artemis Webb
Michael Weiner should stick to hawking snake oils...

Or modeling ladies handbags.

6 posted on 10/16/2008 2:00:12 PM PDT by RasterMaster (CHANGE is not a destination - HOPE is not a strategy)
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To: dynachrome

ping


7 posted on 10/16/2008 2:00:58 PM PDT by raybbr (You think it's bad now - wait till the anchor babies start to vote!)
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To: RasterMaster

Don’t expect me to respond. My one line in his defense was more than I could stomach.


8 posted on 10/16/2008 2:02:47 PM PDT by Artemis Webb (Please pray daily for OUR Sarah.)
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To: nickcarraway; dynachrome; All

Check this out. Brave New Films and CAIR are in bed together. Say what you want about Savage, if they are successful in shutting him up, it will be our butts next.

http://bravenewfilms.org/profiles/174934-cair


9 posted on 10/16/2008 2:12:34 PM PDT by 444Flyer (Marriage=1 man+1 woman! Vote "YES" on Prop 8, amend the Calif. State Constitution this November.)
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To: Artemis Webb

Defend to the death your right to say it, etc etc.

As a former savage fan, I say defend him, but I don’t care beyond that. He turned me off long before Palin when he ripped on Ann Coulter.


10 posted on 10/16/2008 2:14:14 PM PDT by Crazieman (RIP USA. Killed by demonrats and RINOs like McLame. Welcome to the USSA)
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To: nickcarraway

Savage is an idiot and is abusing the legal system.


11 posted on 10/16/2008 2:15:39 PM PDT by steve-b (Intelligent design is to evolutionary biology what socialism is to free-market economics.)
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To: nickcarraway

Weiner Dude Alert!


12 posted on 10/16/2008 2:16:04 PM PDT by Mike Darancette (Vote Obaba: Get more stuff!)
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To: RasterMaster

He could sell his magic “Weiner Oil”.


13 posted on 10/16/2008 2:16:40 PM PDT by steve-b (Intelligent design is to evolutionary biology what socialism is to free-market economics.)
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To: nickcarraway

Karma is a b!tch, Mr. Savage.


14 posted on 10/16/2008 2:16:44 PM PDT by CatOwner
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To: nickcarraway

Michael Savage shares Freepers’ values and priorities as much as any talk show host and is honest and outspoken in doing so. What you hear in genuine, not packaged to please. He’s very insightful and funny. Once a while he’s off base in his first thoughts on a topic, but then again so is everyone else alive.


15 posted on 10/16/2008 2:19:22 PM PDT by Mack Truck (Most of Obama's best pals have been sought by the FBI- Keep the creep out of the White House)
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To: xcamel

I don’t listen to him anymore - he ripped Sarah? I’m beginning to agree with those who say he isn’t a real conservative but a liberal trying to make a buck off us.


16 posted on 10/16/2008 2:23:33 PM PDT by Aria ("An America that could elect Sarah Palin might still save itself." Vin Suprynowicz)
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To: 444Flyer

Just imagine how much CAIR wants Obama to win.

Stupid stupid liberals.


17 posted on 10/16/2008 2:25:21 PM PDT by Aria ("An America that could elect Sarah Palin might still save itself." Vin Suprynowicz)
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To: 444Flyer

The appropriately-named Brave New Films is the propaganda arm of CAIR.

Savage is essentially fighting the same battle as AP in trying to limit “fair use.”

It’s what got AP banned from FR for a time.

While I’m sympathetic to Savage in not wanting his commentaries turned into CAIR propaganda, I don’t think he has a very strong case in trying to prevent it.

After all, without the Fair Use Doctrine, a website like FR could not exist.


18 posted on 10/16/2008 2:30:21 PM PDT by mojito
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To: mojito
It's “convenient” that techdirt left the name of CAIR out of their snipet.

I understand the importance of the Fair Use Doctrine. But when a group like CAIR, who was an unindicted co-conspirator in an alleged scheme to funnel 12 mil to Hamas according to the Federal Government, appears to be using a front group like Brave New Films to get even with an enemy of theirs like Savage, it's rotten to no end.

19 posted on 10/16/2008 2:44:51 PM PDT by 444Flyer (Marriage=1 man+1 woman! Vote "YES" on Prop 8, amend the Calif. State Constitution this November.)
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To: 444Flyer

CAIR isa a terrorist front, and Savage’s lawsuit got them to admit it. They admitted in their response to him that they took money people gave them for 9/11 relief and gave it to the Holy Land Foundation. (Not to mention the fact that they wre created by Hamas and Hezbollah.) If Brave New GFilms is allied with CAIR, then they are allied with terrorists just as much as Obama is.


20 posted on 10/16/2008 3:12:25 PM PDT by TBP
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To: nickcarraway

They have no case. the US Constitution says congress is not to pass any laws abridging free speech.

So the government can’t restrict free speech but people can. A person has the right to free speech but there is not right to be heard.


21 posted on 10/16/2008 3:12:43 PM PDT by stockpirate (Herbert Hoover, "Every collectivist revolution rides in on a Trojan horse of 'Emergency.'")
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To: Aria

Savage was wrong about Sarah, but on the whole he’s mroe right than any other talk show host I’ve heard, and he’s got that New York toughness that others don’t demonstrate. He was right on issue after issue when others were afraid to say it.

So he gets a couple wrong here and there. Who doesn’t?


22 posted on 10/16/2008 3:14:47 PM PDT by TBP
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To: 444Flyer

CAIR is a terrorist front group, no question.

Having his words used as propaganda by these scumbags make Savage furious, and with good reason.

But he’s already lost one suit against them, and I’m afraid he will lose this encounter too.

Savage should just continue to do what he does best: Expose these terrorist scum for what they are every day on his show.


23 posted on 10/16/2008 3:17:21 PM PDT by mojito
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To: mojito
Can you imagine how bad it will be for us all if Barack Hussein Obama gets behind the desk in the Oval office? He owes alot of people alot of favors and CAIR is on that list. I wonder how much they have donated to his campaign? If they have already been proven to pass dirty funds under the table, who is donating through them to him?
24 posted on 10/16/2008 3:39:38 PM PDT by 444Flyer (Marriage=1 man+1 woman! Vote "YES" on Prop 8, amend the Calif. State Constitution this November.)
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To: nickcarraway

It’s okay for RIAA, but nobody else, right?
YouTube will take anything down at anyone’s request. It’s a joke.


25 posted on 10/16/2008 3:41:57 PM PDT by mabelkitty (Regarding crimes committed by Mahoney, what did Emmanual and Pelosi know and when did they know it?)
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To: 444Flyer
CAIR’s PAC 2008 Campaign Contributions:

http://www.opensecrets.org/pacs/lookup2.php?cycle=2008&strID=C00396556

$5,000 to Keith Ellison of Minnesota.

26 posted on 10/16/2008 3:58:24 PM PDT by mojito
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To: 444Flyer
CAIR PAC Contributors:

http://www.opensecrets.org/pacs/pacgave.php?cycle=2008&cmte=C00396556

I haven't checked if these folks gave money to Obama.

27 posted on 10/16/2008 4:03:04 PM PDT by mojito
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To: mojito

Thanks for the link. Have you seen this article also?

“Obama’s Foreign Donors: The Media Averts Its Eyes”
http://www.americanthinker.com/2008/08/obamas_donor_contributions_sil.html


28 posted on 10/16/2008 5:03:51 PM PDT by 444Flyer (Marriage=1 man+1 woman! Vote "YES" on Prop 8, amend the Calif. State Constitution this November.)
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To: raybbr; 09Patriot; BellStar; b4its2late; Blue Turtle; Brad's Gramma; ßuddaßudd; camerakid400; ...

CAIR bears after Doc S. again?


29 posted on 10/16/2008 6:34:46 PM PDT by dynachrome (Mohamed yunikku khinaaziir)
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To: nickcarraway
If the group were a terrorist front, then that's something for the government to deal with

The group that the person who typed in the article so admires is CAIR-- an unindicted co-conspirator in a recent trial of terrorist activities and support -- I think it was the Holy Land Foundation trial in Texas.

Some Americans hate Savage. He hates our enemies. Go figure.

Why can't there be more like nickcarraway? Hate Savage but don't help America's enemies. Thank you, nickcarraway!

Here is my tribute to Dr. Savage.

No other talk show host that I know of has the guts to stand up to our radical Islamist terrorist enemy the way Dr. Michael Savage does!

Iran gets in on the "Michael Savage" action.

The national shows that I listen to regularly include Rush, Hannity (delayed), Levin (delayed), Ingraham (recently dropped in Sacramento), Hedgecock (Saturdays). Others that I listen to relatively often include Hewitt (delayed), O'Reilly (delayed) and Bohannon (delayed). Another on the often list is George Noory but his most hated enemies are Bush and Cheney. The rest are San Francisco KSFO local shows. They all have plenty of guts but none can boast of raising the ire of our Country's enemies. That honor requires more than a few tepid on-air remarks every so often.

If there are other radio personnel targeted by the Islamic Republic of Iran or other radical Islamist enemies I am not aware of them.

So Savage says things that upset people? That includes me and I've stated them on his thread.

Nevertheless I think Savage deserves the recognition despite his severest critics.

Well at least the tyrants in Iran have a cute little name for him, Dajjal. A little classier than the Savage-haters here in the states, like $#&^! *(#%^! Yeah, like those.

Wow, the leading cause of terrorism in the world, the Islamic Republic of Iran, has taken offense at our own Michael Savage!

What other talk show host can boast that?

30 posted on 10/16/2008 8:02:32 PM PDT by WilliamofCarmichael (If modern America's Man on Horseback is out there, Get on the damn horse already!)
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To: Artemis Webb; nickcarraway
RE: "I hate Michael Savage but everybody needs to defend him and speak up for him on this (if little else)."

I didn't look close enough.. it is you, Artemis Webb, who I should be thanking. See my post immediately above.

nickcarraway, I did not mean to offend you one way or another (pro or con Savage). If I did, sorry.

31 posted on 10/16/2008 8:57:52 PM PDT by WilliamofCarmichael (If modern America's Man on Horseback is out there, Get on the damn horse already!)
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