LA Times v. Free Republic - (status)

Tech Law Journal ^ | April 24, 2001 | Tech Law Journal

[ChaseR]

"Status. Plaintiffs filed their complaint on September 28, 1998. Defendants answered on October 20, 1998. Plaintiffs and defendants filed cross motions for summary judgment on the fair use issue. Judge Morrow issued a tentative opinion on October 8, 1999 that the fair use defense fails. She finalized this opinion on March 31, 2000. Judge Morrow disposed of remaining defenses in her second tentative opinion, dated July 31, 2000. She issued Final Judgment on November 17, 2000. Defendants plan to appeal to the U.S. Court of Appeals, Ninth Circuit."

[ChaseR]

* Notice: Tech Law Journal is a copyrighted website. Copyrighted material from Tech Law Journal is frequently pirated. Tech Law Journal anticipates bringing legal actions to enforce its copyrights. Readers may consider this information relevant in assessing the objectivity of this page."

[ChaseR]

4/16/01. Appellants filed their appeal brief with the U.S. Court of Appeals.

[ChaseR]

GOFREEREPUBLICGO!

[ChaseR]

GOFREEREPUBLICGO!

[ChaseR]

bttt

[Mudboy Slim]

"Judge Morrow issued a tentative opinion on October 8, 1999 that the fair use defense fails."

Fer non-profit use, I believe the LA Times and Washington ComPost are shootin' themselves in the foot by fighting for this exclusivity. I mean...do the short-term "hits" really mean that much to their bid'ness. Seems that getting their articles out amongst the public would be much more valuable. I mean, it ain't like we can't go somewheres else and get an article expressing almost exactly the same sentiment that a given Slimes/ComPost article evokes.

SHEEEESH...penny-wise, pound-foolish!! Whattaya think, Brian and Mark?

FReegards, all...MUD

[deport]

Tying this all together.......

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Free Republic files our Ninth Circuit Reply Brief in LAT/WP vs. Free Republic


Activism/Chapters Breaking News Announcement
Source: Free Republic
Published: 06/21/01 Author: Jim Robinson
Posted on 06/21/2001 17:27:16 PDT by Jim Robinson

The Free Republic Legal Defense Fund As most of you know, Free Republic is engaged in a life and death struggle with elements of the socialist propaganda machine, namely, the Los Angeles Times and the Washington Post, over whether or not the First Amendment guarantees our rights to gather in our electronic townhall forum where we virtually pass around newspaper clippings of news accounts of government abuse and or unconstitutional expansion, for discussion and critiquing purposes. The LAT/WP has brought suit against us in federal court for alleged copyright infringement and unfair competition. The trial judge in the case erroneously disallowed our fair use and first amendment defenses, basing her ruling on the false assumption that Free Republic is a commercial enterprise. We have appealed to the Ninth Circuit Court of Appeals where we hope to prevail. We have just filed our final reply brief in this appeal. Looks like Brian Buckley and his crew have done a terrific job in presenting our case. If all goes as expected, we believe that oral arguments will be heard in September. Free Republic is the premier conservative news forum on the Internet. We started in 1996 with just a few dozen posters and now in our fifth year we have grown to over 60,000 people who have registered and or are participants or readers. Free Republic rallies and activism efforts helped impeach President Clinton and our "Sore Loserman" campaign prevented Al Gore from stealing the White house. Free Republic is not affiliated with any political party or news source. We are a completely independent grass roots discussion group. We receive no funding from government, corporations, political parties, news sources or any other entity. We are totally self funded through donations from our participants and readers. If you appreciate Free Republic and want to see it continue fighting government abuses, unrestricted by unconstitutional restraints, and if you feel as we do that our copying of newspaper articles for non commercial political discussion purposes is a fair use and is within the parameters of existing law and within the intent of our Founding Fathers, then please click here to send a donation to support our legal defense fund. Or make a check or money order payable to Free Republic, LLC and mail to: Free Republic, LLC PO Box 9771 Fresno, CA 93794 Thank you very much for your support. Jim Robinson The following is a list of Free Republic discussion threads pertaining to the law suit: 06/21/01 Free Republic (Brian L. Buckley) U.S. COURT OF APPEALS NINTH CIRCUIT - LAT/WP vs. FREE REPUBLIC - REPLY BRIEF OF APPELLANTS 06/01/01 LAT/WP (Rex Heinke) L.A. Times / Washington Post v. Free Republic - LAT/WP Ninth Circuit Brief 04/19/01 Free Republic (Brian L. Buckley) Washington Post v. Free Republic - FR's Ninth Circuit Brief 04/15/01 Free Republic (Jim Robinson) In Defense of Free Speech and Free Assembly 04/09/01 Free Republic (Brian L. Buckley) Free Republic v. Aldridge:Federal Court Issues Permanent Injunction Against Thomas Chappell Aldridge 01/25/01 Free Republic (Brian L. Buckley) Free Republic v. Aldridge - FR Motion for Preliminary Injunction 12/29/00 Free Republic (Brian L. Buckley) Washington Post v. Free Republic: Update and Ninth Circuit Order 12/22/00 The National Law Journal Fair Use Online 12/07/00 A Yale Law School Conference Paper The Free Republic Problem: Markets in Information 11/28/00 National Public Radio Freeper Interview on NPR - Transcript -- Brian Buckley, Juan Williams 11/24/00 Tech Law Journal Copyright and The First Amendment 11/23/00 Free Republic (Jim Robinson) Message being circlated regarding Free Republic, Copyright and Fair Use 11/21/00 Free Republic (Jim Robinson) Notice: Final Judgment has been filed in LAT/WP vs Free Republic 11/04/00 WorldNetDaily Court: Gephardt opponent can run ads [Appeals court overrules lower court in political free speech - fair use case] 10/30/00 Free Republic (Brian L. Buckley) Washington Post v. Free Republic: Final Judgment To Be Entered 09/25/00 Free Republic (Jim Robinson) Vanity: Status of LAT/WP Lawsuit 08/07/00 Techlaw Journal Order Entered Against FR in LAT/WP Copyright Infringement Case 07/28/00 Free Republic (Jim Robinson) Outcome of today's hearing regarding the LATimes lawsuit 04/11/00 Tech Law Journal Judge Finalizes her Tentative Ruling Against Free Republic 02/23/00 Free Republic (Demidog) Free Speech: Washington Post v Free Republic 12/22/99 Editor & Publisher magazine COPYRIGHT IN THE DIGITAL AGE: Interview With Lawyers Suing FreeRepublic.com 11/29/99 Free Republic (Alamo-Girl) Downside Legacy on Judge Margaret Morrow 11/24/99 Tech Law Journal Copyright and The First Amendment 11/21/99 Free Republic (Brian L. Buckley) FINAL JUDGMENT 11/15/99 The New York Times Setback for a Web Site in Copyright Case 11/14/99 Heads Up (Doug Fiedor) COURT CHOPS AT LIBERTY TREE, and JimRob COMMENTS ON THE TRIAL 11/12/99 Antiwar.com via WND CORPORATE LIBERALS TARGET CONSERVATIVE WEB SITE 11/11/99 Free Republic (JIm Robinson) Does Judge Morrow owe her seat to the Los Angeles Times 11/11/99 WorldNetDaily Court says no to FreeRepublic.com 11/10/99 Salon.com Fair use" vs. foul play 11/09/99 Free Republic Forum Support for Jim Robinson and FreeRepublic 11/09/99 Associated Press Judge rejects Web site's argument in copyright infringement suit 11/09/99 Free Republic (Judge Morrow) Tentative Order in LAT/WP v. FR actual excerpts 11/08/99 Free Republic (Bob Johnson) Judge Finds in Favor of Plaintiffs on Partial Summary Judgement Motion 11/01/99 Free Republic (Brian L. Buckley) Free Republic's Reply Memorandum - Washington Post Lawsuit 11/01/99 Free Republic (Brian L. Buckley) Free Republic's Reply Memorandum - Washington Post Lawsuit 10/29/99 Free Republic (Brian L. Buckley) Declaration of Jim Robinson In Opposition to Washington Post Motion for Summary Judgment 10/19/99 Free Republic (Brian L. Buckley) DECLARATION OF RICHARD L. STOUT IN SUPPORT OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT 10/19/99 Heather Wayland and Tech Law Journal Plaintiffs' Memo in Support of Motion for Summary Judgment 10/19/99 Free Republic (Brian L. Buckley) MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT 10/16/99 Free Republic (Brian L. Buckley) Lawsuit Update -- Washington Post v. Free Republic (10-16-99) 10/13/99 Free Republic (Brian L. Buckley) Lawsuit Update -- Washington Post v. Free Republic 09/14/99 Free Republic (Brian L. Buckley) Letter to Washington Post Lawyers -- Free Republic Lawsuit Update 07/01/99 Free Republic (Brian L. Buckley) Next Letter To Counsel for Washington Post (Copyright Suit Update #2) 05/19/99 Pepperdine Law (The Magazine of Pepperdine Law School) Fair Use in Cyberspace (Washington Post v. Free Republic) 05/11/99 Corporate Legal Times FIRST AMENDMENT INFRINGEMENT OR SIMPLE COPYRIGHT CASE? 03/31/99 Real Mensch Jounalism's War on Truth (WP vs. Free Republic cited) 03/13/99 Washington Weekly A Political Force to be Reckoned With - Interview with Free Republic Founder Jim Robinson 11/01/98 Los Angeles Times Copyright Suit Goes to Heart of Debate - Complete Article 11/01/98 Free Republic (AP) Free Republic being sued!..Join the Battle! 10/30/98 Media Info Web Site Claims 'Fair Use' 10/29/98 Media Bypass Magazine (Doug Fiedor) Nurturing Today's Liberty Tree 10/08/98 The Progressive FREE REPUBLIC SUED BY MEDIA BULLIES. . . 10/4/98 Washington Weekly Washington Post and L.A. Times Sue Jim Robinson 10/04/98 Gibson, Dunn & Crutcher Text of The LA Times/Washington Post Complaint For Copyright Infringment 10/02/98 Free Republic (Jim Robinson) Updates 09/30/98 Free Republic (Boston) Discussion of Copyright Fair Use Exception 09/30/98 Washington Weekly DNC Law Firm Behind Crackdown on Internet Dissidents 09/29/98 Drudge Report BIG BOYS SUE FREE REPUBLIC 09/29/98 Newsbytes FreeRepublic Site To Be Sued Over Copyright 04/05/98 WASHINGTON WEEKLY ALERT TO ALL FREE REPUBLIC READERS! DNC Law Firm Behind Crackdown on Internet Dissidents--THAT'S US FOLKS!!!!! 03/25/98 Free Republic (Jim Robinson) Washington Post Complaint 12/08/97 Washington Weekly Government Crackdown on Dissidents -- Hand of White House Seen In Massive Effort 12/05/97 Free Republic (Jim Robinson) Major Media wants to shut us down 11/19/97 c|net news L.A. Times cracks down on framers

Tech Law Journal LA Times v. Free Republic 09/28/98 Plaintiff Complaint 10/20/98 Defendant Answer 10/04/99 Plaintiff's Memorandum in Support of Summary Judgement 10/18/99 Memorandum in Support of Defendant's Motion for Summary Judgement 10/18/99 Declaration of Richard Stout 10/25/99 Plaintiffs' Opposition to Defendants' Cross Motion for Summary Judgment 10/29/99 Declaration of James Robinson 11/01/99 Reply Brief by the Plaintiffs 11/08/99 Judge Morrow's Tentative Order 07/31/00 Judge Morrow's Second Tentative Order Granting Summary Judgement

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1 Posted on 06/21/2001 17:27:16 PDT by Jim Robinson
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[Mudboy Slim]

BackatchaBTTT...MUD

[ChaseR]

Jim Robinson, Mudboy Slim, goldilucky, Old Lady Thanks for the links in your post Mr Robinson. As everyone can read here-this has been an expensive legal battle - send in funds to FR.com for Legal Defense!

(I hope you don't mind me posting this thread-I had already sent my email addy to Mud, Old Lady and goldilucky - if I was booted.)
I REPEAT AGAIN....
GOFREEREPUBLIC.COMGO!
146 Posted on 09/05/2001 19:17:15 PDT by ChaseR

[ChaseR]

bttt

[ChaseR]

BTTT

[Mudboy Slim]

"...if I was booted."

Buddy, take it from one who's been there, you'll know when you've been "booted" 'cuz you can't post and/or reply...LOL!!!

I don't think JimRob minds if you remind folks of the need to assist with our generous host's legal bills...=^D!!

FReegards...MUD

[Ragtime Cowgirl]

Thanks for the reminder. Have you posted this link to the fundraising thread? New Freepers would be interested, I'm sure, in what a conservative news forum (and its founder, Jim Robinson) risks in telling the truth and daring to point out the nakedness of the immensely BIG, rich, monopolistic press emporers, propagandists, fiction writers, and DNC mouthpieces. Ping for freedom of the press for all Americans. (^:

[ALOHA RONNIE]

...The Enemy is now Within...

...The War has Come Home...

...-&-..

...Freerepublic.com ..now stands in their way.

Signed:..Vet/Battle of IA DRANG-1965 www.lzxray.com

[brityank]

BUMP.

The arrogant assumption that any Media Corporation can suppress discussion of political speech by claiming to hold copyright to information freely given by any government entity must be quashed. The asinine position that any story can be reacquired at any time has been proved many times on this site to be false. Several stories have been so rewritten that they bear little resemblance to the original reportage. Others have disappeared from view, flushed because some editor decided that it should not be retained.

Of all of the rights imbued in the Constitution and the Bill of Rights is the Right of Free Speech. The Crown still today still suppresses that freedom in Great Britain; until a decision is rendered either in Parliament or in the Crown Courts, no external discussion is permitted without prior approval. The Founding Fathers themselves had many times been silenced and ignored in their requests and pleas to the Crown.

Jim Robinson and Free Republic are at the forefront of ensuring the rights our Constitution enshrines are not usurped by encroachment upon encroachment of corporations whose only true aim is profit. That they can use and abuse the news to accomplish that aim is even more a reason for free discussion and dissection of the events and the history behind them.

Support Free Republic NOW

[goldilucky]

Wonder if someone could get a profile on this Judge Morrow.

[goldilucky]

Thanks for this site. I read it and I think it's a great brief. Just the facts maam. No bs. That's what FR is all about.....uncensored free speech!

Go Brian Buckley!

[backhoe]

MUD, I'll respond to ChaseR's flag by talking to you. I don't know enough about the law to have more than a layman's "read" on this, but IMO when the day came that you could digitize & squirt over a telephone line text or pictures and send them anywhere in the world, that was the day copyright laws were, for practical purposes, dead as a doornail.

And I speak as one who has a vested interest in keeping "intellectual property rights"-- I and my wife have "written things for money" and naturally want to get paid every time these things are published or used.... but I really think those days are gone, they just haven't laid down & died yet, but they are dying right now.

As far as the plantiffs in this case go, you are right- they ought to be grateful for the publicity, not quibbling over non-profit use of their stuff!

[Mudboy Slim]

"IMO when the day came that you could digitize & squirt over a telephone line text or pictures and send them anywhere in the world, that was the day copyright laws were, for practical purposes, dead as a doornail."

I'm no copyright lawyer, not by a longshot, but I reckon producers will find some way to get compensated for their efforts, or else there would be no incentive to continue to produce. Look at Limbaugh...20 Million folks get 15 hours a week of his opinions and none of us need pay a penny. Still, Rush gets paid over a Quarter $Billion over the next 8-10 years. Heck, I've taped his shows for years and have a cassette library of Rush-isms that clutter my home office horribly, and I've even transcribed his words and sent them around to friends, family, co-workers, and even posted them on FR...reckon El Rushbo will ever track me down and sue me fer royalties?

"And I speak as one who has a vested interest in keeping "intellectual property rights"-- I and my wife have "written things for money" and naturally want to get paid every time these things are published or used.... but I really think those days are gone, they just haven't laid down & died yet, but they are dying right now."

IMHO, you and your wife will be compensated for your ideas somehow and someway, if enough of the Sheeple find them useful and/or entertaining. With so much info out there and so little time to sort through it all, people will come to pay for someone else--someone they trust--to organize info together and get the word out to them. I used to get the Kiplinger's Newsletter and found it to be very useful, despite the fact that the information they mailed me each week was certainly available elsewhere for free. Once you and your wife build up "brand recognition" with enough folks, you'll find ways to be monetarily-rewarded for your efforts...even if those ways have nothing to do with Copyright Laws as they presently exist.

FReegards...MUD