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Hate Radio And Disney Slapp Daily Kos

Juan Cole 01/04/2007

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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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About the Author

Juan Cole is the founder and chief editor of Informed Comment. He is Richard P. Mitchell Professor of History at the University of Michigan He is author of, among many other books, Muhammad: Prophet of Peace amid the Clash of Empires and The Rubaiyat of Omar Khayyam. Follow him on Twitter at @jricole or the Informed Comment Facebook Page

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