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AOL, Huffington to face class-action lawsuit over merger from freelancers
Hotair ^ | 04/12/2011 | Ed Morrisey

Posted on 04/12/2011 3:59:09 PM PDT by SeekAndFind

In an effort to prove that ridiculous hyperbole is not limited to Democrats in Congress, a former Huffington Post contributor has accused founder Arianna Huffington of turning bloggers into “modern day slaves” on her “plantation.” Jonathan Tasini filed a class-action lawsuit against Huffington and AOL, who bought the Huffington Post earlier this year for $315 million. Tasini wants a third of that in damages on behalf of the unpaid contributors to the site:

“In my view, the Huffington Post’s bloggers have essentially been turned into modern-day slaves on Arianna Huffington’s plantation,” he said. “She wants to pocket the tens of millions of dollars she reaped from the hard work of those bloggers….This all could have been avoided had Arianna Huffington not acted like the Wal-Marts, the Waltons, Lloyd Blankfein, which is basically to say, ‘Go screw yourselves, this is my money.’”

In other words, it’s personal.

“We are going to make Arianna Huffington a pariah in the progressive community,” Tasini vowed. “No one will blog for her. She’ll never [be invited to] speak. We will picket her home. We’re going to make it clear that, until you do justice here, your life is going to be a living hell.”

Don’t be too quick to dismiss the claim, either. As Forbes explains, Tasini won a case against the New York Times, although that was on a different issue; the Times had not compensated freelancers for publishing their work through electronic databases. That case involved writers who had negotiated compensation for their work’s initial publication. In this case, the writers never had an expectation of compensation.

That doesn’t matter, Tasini and his team argue in this case. Instead, they will claim “unjust enrichment.” Apparently, the argument will rely on “common law” to convince a court that people who voluntarily contributed their works for free to the website made Arianna rich, and somehow that’s unjust in a legal sense. (It’s certainly arguable in a moral sense; more on that below.) Now that the contributions allowed Huffington to hit a big payday, Tasini argues that one-third of that value should be seized and given to people who didn’t ask for monetary compensation at all.

I won’t predict that the courts will deny Tasini’s argument, since courts routinely do strange things in lawsuits like this. The idea that Huffington was a slave-driver on a plantation is not just ridiculous, but insulting to those who suffered from actual slavery, past and present. No one forced writers and bloggers to publish for free at HuffPo. The fact that so many contributed without pay means that they must have felt that other factors compensated for their effort, such as exposure, taking part in the community, or just the satisfaction of seeing their work on line. They could just as easily have chosen not to contribute, a choice that actual slaves do not have. These writers understood the terms of the relationship when it started, and could have ended it at any time if they were not satisfied with it.

Now Tasini wants to change the terms ex post facto to get a chunk of compensation never promised to him or his colleagues. That runs a far greater moral and practical risk than Arianna’s arguable exploitation. It assumes that people cannot comprehend for themselves the agreements into which they enter, a direction that would undermine the entire basis of contractual and non-contractual business relationships. Huffington had every right, moral and legal, to rely on those agreements to explicit terms of publication, as did AOL in their purchase. It’s ludicrous to claim a third of the sale value of an asset from which contributors waived compensation from the start.


TOPICS: Business/Economy; Culture/Society; News/Current Events
KEYWORDS: aol; freelancers; huffington; lawsuit

1 posted on 04/12/2011 3:59:13 PM PDT by SeekAndFind
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To: SeekAndFind

Kaching.

Lookin’ fer a big payday...


2 posted on 04/12/2011 4:03:57 PM PDT by Jack Hammer
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To: SeekAndFind
TS for them. Don't they know that Arianna is a sleaze who went from being a beard for a gay man to publishing a sick blog that celebrates the death of Republicans?

She was more than happy to trick the idiots and profit mightily from it.

Some good may come out of this lawsuit, however, Just as there are Liberals who know that David Brock is a self confessed liar and will not be tricked by such a person so the Liberal idiots who helped Arianna out of the goodness of their hearts would avoid her now and convince other Liberals to listen to them if those would be bloggers want to preserve a shred of their dignity.

Live and learn, neo commies. Live and learn!

3 posted on 04/12/2011 4:14:33 PM PDT by Stepan12 (Palin & Bolton in 2012)
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To: SeekAndFind
So for all my scintillating, morally upright, rainbow skittle producing posts, FR owes me money? sarc
4 posted on 04/12/2011 4:15:58 PM PDT by dynachrome ("Our forefathers didn't bury their guns. They buried those that tried to take them.")
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To: Stepan12

I didn’t know much about this Arianna character until the Huffington Post came online and I started seeing her pontificate on TV (with a foreign accent to boot).

Someone said that in a previous chapter of her life, she used to be a conservative, even debating with liberals and writing conservative columns.

I wonder what made her turn to the dark side...


5 posted on 04/12/2011 4:17:58 PM PDT by SeekAndFind
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To: SeekAndFind
Ann Coulter speculates that her change was due to fear of the ridicule the Leftwing comedians would give her for her husband getting fed up with her and leaving her for men: Arianna is just like Medusa. You look at her and you turn homosexual instead of to stone

Another view proposed by Pamela Geller is that Arianna was always a Liberal but assumed the guise of a Conservative because of the moderate to Conservative views of her gay ex husband, Michael Huffington.

She is still a sleaze for whatever reason she changed and as someone who is on the right myself, I can hardly feel bad about the Liberal suckers she expoited to get her windfall from the also moronic AOL (anti America online).

They're going to get soaked by her, too. AOL cannot get people to buy into their service for free and their purchase of the stupid Huggington Post will not help them.

6 posted on 04/12/2011 4:27:44 PM PDT by Stepan12 (Palin & Bolton in 2012)
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To: SeekAndFind

Kinda like watching a Spinks/Tyson fight, you don’t care who wins just as long as i’s bloody.


7 posted on 04/12/2011 4:46:40 PM PDT by bray (The Recovery begins when Obama is unemployed!)
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To: bray

I think that she always been a leftist. She never did seem genuine on Crossfire; There was always a little smirk that seemed to belie what she actually was saying.


8 posted on 04/12/2011 5:22:50 PM PDT by Arkansas Toothpick
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To: SeekAndFind
Let's see now...Bunch of leftwing a-holes squabbling over bones. Where shall I put this in my list of things to worry about?
9 posted on 04/12/2011 5:28:38 PM PDT by hinckley buzzard
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To: SeekAndFind

“I wonder what made her turn to the dark side...”

She knew her scam wouldn’t work on conservatives.


10 posted on 04/12/2011 5:40:09 PM PDT by Psycho_Bunny (Public employee unions are the barbarian hordes of our time.)
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To: SeekAndFind
Michael Huffington ran for the senate against Feinstein (I think and the first time she ran) and was doing well until Arrianna got mixed up with some weird religious organization. I don't know if it cost him the election but it didn't help him.

Wonder if she did it on purpose!

11 posted on 04/12/2011 6:10:11 PM PDT by lonestar (It takes a village of idiots to elect a village idiot.)
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