Hate Radio and a Disney SLAPP
Daily Kos has the saga of one person’s campaign against hate radio.
Spocko’s problem, that he was posting audio files and has been threatened with a suit by Disney, is easily solved, it seems to me. He should just type up 600-word short excerpts from each file and post them instead. The posting of audio clips might or might not be fair use. The posting of 600 words a small portion from a work is already defined as such by the courts.
The excerpts can also be included in letters to the advertisers. From the sound of it, 600 words a program would be damning enough.
[As commenters point out below, there isn’t a fixed amount of words that is fair use, and I should have just said “a small portion.” Since Spocko’s site is non-profit, I was suggesting that putting short excerpts online would be lawsuit-proof. I wasn’t saying that posting the audio files is necessarily wrong. But if Spocko doesn’t have money for lawyers, he might not be able to prove that he isn’t engaging in Napster-like behavior. Quoting small portions of text online is already proved legal for nonprofits and the judge would laugh a suit out of court.)
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