DialIdol site shut down after Idol producer FremantleMedia demanded it "cease and desist"
The webmaster of Dialidol, a web site the suggested it could predict the next American Idol 5 bootee based upon the number of busy signals for the remaining contestants, has gone offline. The site’s creator, Jim Hellriegel, Jr., shut the site down after receiving a cease and desist letter from the show’s producers, FremantleMedia.
The cease-and-desist letter has very odd rationale, as Fake Rake noted. It claimed DialIdol “allows people to download clips of episodes of American Idol without the permission of the producer, and uses the American Idol logo and music,” which wasn’t a part of the site, according to Fake Rake. In addition, Fremantle claimed copyright violation because of “unauthorized use of the names and likenesses of American Idol contestants, hosts and judges.” So, if I type Simon Cowell, did I just violate their copyright? Greedy bastards.
As the LA Times’ Scott Collins writes, “It’s possible (and understandable) that Hellriegel might have gotten spooked when lawyer-man sicced the legal mumbo-jumbo on him. In fact, that’s probably what Fremantle was banking on. It’s easy to attack Hellriegel for appropriately logos and other trademarks; it would be a lot tougher to claim that his autodialing and prediction system somehow violates Fremantle’s intellectual property.”
The site’s webmaster has “contacted the ACLU and the Electronic Frontier Foundation, looking for a pro bono attorney to defend DialIdol against a cease & desist letter from ‘Idol’ producers FremantleMedia,” according to Collins.
Hellriegel writes on Dialidol.com that “I now believe FremantleMedia (the parent company of American Idol) is infringing on my first amendment rights to free speech and free press,” and says the site may be back online this weekend, but “without the application available for download, without the predictions and without the logo.”
| DialIdol Bulletin (3/15/2006) 6:00PM EST |
| Goliath (as they will be known for the purposes of this bulletin) sent this "David" a cease and desist letter yesterday claiming that DialIdol infringes on copyrights they own. I am not sure how they think I infringe and many of the allegations they made in the letter are false but in order to protect myself I am taking DialIdol down while I consult with the appropriate resources. Goliath is very upset with the entire premise of this web site, particularly the way DialIdol "measures the busy signal" to predict the results. Given this I find it highly unlikely that I can change a few logos/colors/names to satisfy their concerns. Understand that I really am just this one "David" guy with virtually no resources at my disposal to "fight" this Goliath. And by the way I don't even want to fight them - I love Goliath and want to work with them. As I mentioned I will be consulting the appropriate resources over the next few days. If you'd like to help this David I encourage you to do three things:
Thank you for your support! |
| DialIdol Bulletin (3/16/2006) 7:00AM EST |
| I am swamped with emails for support and all of your emails keep me motivated even if you can't provide financial support! I have received TONS of requests to see the cease and desist letter. I want to post this but I am afraid it will cause me more harm than good. I need to be convinced it will not cause me more harm than good first. I am also reluctant to reveal details of the phone conversation I had with them - but I will say pay close attention to the second paragraph in the "David Vs. Goliath" bulletin. Also, I now believe FremantleMedia (the parent company of American Idol) is infringing on my first amendment rights to free speech and free press. The problem is going to become finding a brave, affordable lawyer to take all this on! Thank you so much and stay tuned for details. DialIdol is down - but not dead! |
| Friday March 17, 2006 1:00PM EST |
| Thanks again for your continued support. Many of you have provided very valuable advice that I hope will turn out to get this site back up and operational by Tuesday for the next vote - though the timing is going to be close. I have contacted the ACLU and EFF and I still have a few other sites/organizations to review. There are also a few other leads I am following that seem promising at this moment as well as pursuit of traditional private attorneys. Since I have nothing concrete at the moment I am still looking for help & ideas. You've been so helpful to date I ask that you keep those well wishes and ideas coming. For those interested in the C&D letter - here it is. I have edited out the personal private information but everything else is as I received it. BTW: Yes - the dates are truly inaccurate. The regular site may come back in some form later today or this weekend. It will be without the application available for download, without the predictions and without the logo. "Thanks" doesn't seem to cut it - but it's all I've got until the site is back up! ;) |
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In no particular order I'd like to thank the following for their support and send a shout out to them & their web site because DialIdol has received traffic or publicity from these web sites. This doesn't include hundreds of individuals who also deserve the same shout out for their support as well! I've tried to include everyone that would want their address posted but with all the support I may have omitted someone on accident if that has happened I apologize.
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