Skip to comments.LA Times v. Free Republic - (status)
Posted on 09/05/2001 6:54:46 PM PDT by 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."
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?
The Free Republic Legal Defense FundAs 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.
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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.
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The following is a list of Free Republic discussion threads pertaining to the law suit:
06/21/01 Free Republic (Brian L. Buckley)
06/01/01 LAT/WP (Rex Heinke)
04/19/01 Free Republic (Brian L. Buckley)
04/15/01 Free Republic (Jim Robinson)
04/09/01 Free Republic (Brian L. Buckley)
01/25/01 Free Republic (Brian L. Buckley)
12/29/00 Free Republic (Brian L. Buckley)
12/22/00 The National Law Journal
12/07/00 A Yale Law School Conference Paper
11/28/00 National Public Radio
11/24/00 Tech Law Journal
11/23/00 Free Republic (Jim Robinson)
11/21/00 Free Republic (Jim Robinson)
10/30/00 Free Republic (Brian L. Buckley)
09/25/00 Free Republic (Jim Robinson)
08/07/00 Techlaw Journal
07/28/00 Free Republic (Jim Robinson)
04/11/00 Tech Law Journal
02/23/00 Free Republic (Demidog)
12/22/99 Editor & Publisher magazine
11/29/99 Free Republic (Alamo-Girl)
11/24/99 Tech Law Journal
11/21/99 Free Republic (Brian L. Buckley)
11/15/99 The New York Times
11/14/99 Heads Up (Doug Fiedor)
11/12/99 Antiwar.com via WND
11/11/99 Free Republic (JIm Robinson) Does Judge Morrow owe her seat to the Los Angeles Times
11/09/99 Free Republic
11/09/99 Associated Press
11/09/99 Free Republic (Judge Morrow)
11/08/99 Free Republic (Bob Johnson)
11/01/99 Free Republic (Brian L. Buckley)
11/01/99 Free Republic (Brian L. Buckley)
10/29/99 Free Republic (Brian L. Buckley)
10/19/99 Free Republic (Brian L. Buckley)
10/19/99 Heather Wayland and Tech Law Journal
10/19/99 Free Republic (Brian L. Buckley)
10/16/99 Free Republic (Brian L. Buckley)
10/13/99 Free Republic (Brian L. Buckley)
09/14/99 Free Republic (Brian L. Buckley)
07/01/99 Free Republic (Brian L. Buckley)
05/19/99 Pepperdine Law (The Magazine of Pepperdine Law School)
05/11/99 Corporate Legal Times
03/31/99 Real Mensch
03/13/99 Washington Weekly
11/01/98 Los Angeles Times
11/01/98 Free Republic (AP)
10/30/98 Media Info
10/29/98 Media Bypass Magazine (Doug Fiedor)
10/08/98 The Progressive
10/4/98 Washington Weekly
10/04/98 Gibson, Dunn & Crutcher
10/02/98 Free Republic (Jim Robinson)
09/30/98 Free Republic (Boston)
09/30/98 Washington Weekly
09/29/98 Drudge Report
03/25/98 Free Republic (Jim Robinson)
12/08/97 Washington Weekly
12/05/97 Free Republic (Jim Robinson)
11/19/97 c|net news
Tech Law Journal
(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....
146 Posted on 09/05/2001 19:17:15 PDT by ChaseR
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!!
...The War has Come Home...
...Freerepublic.com ..now stands in their way.
Signed:..Vet/Battle of IA DRANG-1965 www.lzxray.com
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.
Go Brian Buckley!
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!
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.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.