| Topic: |
Politics > Politics-USA |
| User: |
"Harry Hope" |
| Date: |
23 Aug 2003 10:17:26 AM |
| Object: |
In Courtroom, Laughter at FUX and a Victory for Al Franken |
From The New York Times, 8/23/03:
http://www.nytimes.com/2003/08/23/nyregion/23FRAN.html
In Courtroom, Laughter at Fox and a Victory for Al Franken
By SUSAN SAULNY
A federal judge in Manhattan told Fox News yesterday that it had to
learn how to take a joke.
Then he rejected the network's request for an injunction to block the
satirist Al Franken from using the words "fair and balanced" on the
cover of his book, "Lies, and the Lying Liars Who Tell Them: A Fair
and Balanced Look at the Right."
Calling the motion "wholly without merit, both factually and legally,"
the judge, Denny Chin of United States District Court, said that a
person would have to be "completely dense" not to realize the cover
was a joke, and that trademark protection for the phrase "Fair and
Balanced" was unrealistic because the words are so commonly used.
Lawyers for Mr. Franken and his publisher, Penguin Group (USA), called
the ruling a victory for the First Amendment.
Mr. Franken was not in court.
"I never really had any doubt," he said in a telephone interview,
calling the ruling "a victory for satirists everywhere, even the bad
ones. In addition to thanking my own lawyers, I'd like to thank Fox's
lawyers for filing one of the stupidest briefs I've ever seen in my
life."
The Fox court papers had referred to Mr. Franken, a former "Saturday
Night Live" writer and performer and an unabashed liberal, as a
"parasite" who appeared shrill, unstable and "increasingly unfunny."
The network could appeal the decision.
"We are considering our options," said Paul Schur, a Fox spokesman.
"We don't care if it's Al Franken, Al Lewis or Weird Al Yankovic.
We're here to protect our trademark and our talent."
If anything, the lawsuit only benefited Mr. Franken.
His book had been scheduled for release in September, but the
publicity caused the publisher to print an extra 50,000 copies, for a
total of 435,000, and to roll the book out on Thursday.
After the ruling yesterday, it moved to the No. 1 spot on the
best-seller list at amazon. com.
The network filed for the injunction on Aug. 11.
Fox News Network trademarked the phrase "Fair and Balanced" in 1998 to
describe its news coverage, and network lawyers claimed that Mr.
Franken's use of the phrase in his book would "blur and tarnish" it.
Fox also objected to the use of a picture of Bill O'Reilly, one of its
prominent news personalities, on the cover, claiming that it could be
mistaken as an endorsement of the book.
But these arguments were met by laughter in the crowded courtroom, as
Fox tried to defend its signature slogan.
Part of the network's burden was to prove that Mr. Franken's use of
the phrase "fair and balanced" would lead to consumer confusion.
One round of laughter was prompted when Judge Chin asked, "Do you
think that the reasonable consumer, seeing the word `lies' over Mr.
O'Reilly's face would believe Mr. O'Reilly is endorsing this book?"
The giggling continued as Dori Ann Hanswirth, a lawyer for Fox,
replied, "To me, it's quite ambiguous as to what the message is here."
She continued, "It does not say `parody' or `satire.' "
Ms. Hanswirth said Fox's "signature slogan" was also blurred, because
people who were not associated with the network, which owns the Fox
News Channel, also appear on the cover with Mr. O'Reilly.
Judge Chin said, "The president and the vice president are also on the
cover. Is someone going to consider that they are affiliated with
Fox?"
The courtroom broke into laughter again.
Ms. Hanswirth replied, "It's more blurring, your honor."
After more discussion about what was and what was not satire, and
about the definition of "parody," Judge Chin decided that Mr.
Franken's work was of "artistic value."
"Parody is a form of artistic expression protected by the First
Amendment," he said.
"The keystone to parody is imitation. In using the mark, Mr. Franken
is clearly mocking Fox."
He said Mr. Franken's work was "fair criticism."
Judge Chin said the case was an easy one, and chided Fox for bringing
its complaint to court.
The judge said, "Of course, it is ironic that a media company that
should be fighting for the First Amendment is trying to undermine it."
__________________________________________________________
Sad li'l FUX, aren't they.
Harry
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| User: "digilinus" |
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| Title: Re: In Courtroom, Laughter at FUX and a Victory for Al Franken |
23 Aug 2003 10:42:24 AM |
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"We don't care if it's Al Franken, Al Lewis or Weird Al Yankovic.
We're here to protect our trademark and our talent."
What talent is that?
---
Outgoing mail is certified Virus Free.
Checked by AVG anti-virus system (http://www.grisoft.com).
Version: 6.0.512 / Virus Database: 309 - Release Date: 8/19/2003
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| User: "John Q Public" |
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| Title: Re: In Courtroom, Laughter at FUX and a Victory for Al Franken |
23 Aug 2003 11:47:45 AM |
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A talented shepherd, leads the sheep.
"digilinus" <digilinus@charter.net> wrote in message
news:vkf2oiif2oqc6c@corp.supernews.com...
"We don't care if it's Al Franken, Al Lewis or Weird Al Yankovic.
We're here to protect our trademark and our talent."
What talent is that?
---
Outgoing mail is certified Virus Free.
Checked by AVG anti-virus system (http://www.grisoft.com).
Version: 6.0.512 / Virus Database: 309 - Release Date: 8/19/2003
.
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| User: "Gabagimpy" |
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| Title: Re: In Courtroom, Laughter at FUX and a Victory for Al Franken |
23 Aug 2003 01:11:43 PM |
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"John Q Public" <kysdaddy@putermail.net> wrote in message
news:bi85rc$apo$1@bob.news.rcn.net...
A talented shepherd, leads the sheep.
Why don't you take your top posting sheep out of here.
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| User: "Fredric L. Rice" |
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| Title: Re: In Courtroom, Laughter at FUX and a Victory for Al Franken |
24 Aug 2003 12:52:58 PM |
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Harry Hope <rivrvu@ix.netcom.com> wrote:
From The New York Times, 8/23/03:
http://www.nytimes.com/2003/08/23/nyregion/23FRAN.html
In Courtroom, Laughter at Fox and a Victory for Al Franken
The network could appeal the decision.
"We are considering our options," said Paul Schur, a Fox spokesman.
Yeah, they can slink off and die. }:-} Another instance
where some crook tries to deny others their Constitutionally
guarenteed right to free speech causes their victim's book
sales or web site hits to soar, bringing publicity to
millions who would never have heard of the book or web site
had it not been for the bad guys trying to deny others
their rights.
"We don't care if it's Al Franken, Al Lewis or Weird Al Yankovic.
We're here to protect our trademark and our talent."
Funny how FOX and Scientology sound virtually indistinguishable.
If anything, the lawsuit only benefited Mr. Franken.
His book had been scheduled for release in September, but the
publicity caused the publisher to print an extra 50,000 copies, for a
total of 435,000, and to roll the book out on Thursday.
Take that, *****! <smile>
Fox also objected to the use of a picture of Bill O'Reilly, one of its
prominent news personalities, on the cover, claiming that it could be
mistaken as an endorsement of the book.
But these arguments were met by laughter in the crowded courtroom, as
Fox tried to defend its signature slogan.
<rofl!> Fucking clams. Er, I mean... well, you know.
---
"I spewed bodily fluids." - Shydavid http://www.skeptictank.org/
http://www.RonTheNut.ORG/ PGP: http://www.skeptictank.org/frice.pgp
-- You love drugs! You love drugs, don't you?! You better
not say anything about my mother! Don't you DARE say anything
about my mother! -- Scientology's International President (Audio
files of this nutter at http://www.linkline.com/personal/frice
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