Unhinged Cartoonist Has A Cow Over Website [Ted Rall]

Frontpagemagazine ^ | 2-24-05 | DiscoverTheNetwork.org

[SJackson]

Unhinged Cartoonist Has A Cow Over Website

By DiscoverTheNetwork.org
DiscoverTheNetwork.org | February 24, 2005

We received an email from Ted Rall, the cartoonist who called our war against the Taliban a "genocide" and belongs to the Michael Moore-Ward Churchill school of supporters of the Zarqawi "resistance" in Iraq. Rall also made a name for himself by referring to fallen American war hero Pat Tillman as an "idiot." -- The Editors

Here is his email:

From: Tedrall@aol.com

To: david@cspc.org

Sent: Wednesday, February 23, 2005 7:44 PM

Subject: URGENT: Cease and Desist Notice

Dear Mr. Horowitz:

 

It has come to my attention that you have, without obtaining written or other permission, posted a publicity photograph of myself, apparently copied from my website, to your site Discover the Network (http://www.discoverthenetwork.org). This photograph is copyrighted material. Your act violates U.S. Copyright Law, which provides for damages up to $150,000 plus attorney's fees.

I therefore request that you take the following actions on or before 5 p.m. Eastern Standard Time on Friday, February 25, 2005:

1. Remove said photograph from your website.

2. Agree to remit the sum of $5,000.00 as payment for your unauthorized use of said photograph, with such payment via money order to be received within three (3) business days at my address in New York, New York.

3. Sign a notarized stipulation agreeing not to post my copyrighted material in the future.

 

Thank you for your prompt attention to this urgent matter.

 

Sincerely,

Ted Rall

 

We are flattered to receive Rall's "cease and desist" notice since he has made no such demand to "American Traitor" where the same photo is posted today. We'll just have to guess why Rall finds being posted in a database on the left more offensive than being called a traitor.

The offending profile of Rall can be read here.

 

From: Manuel Klausner <mklaus@aol.com>
Here is our reply:

 

Date: February 24, 2005 2:06:57 AM PST
To: Tedrall@aol.com
Subject: Re: URGENT: Cease and Desist Notice

Dear Mr. Rall,

I represent David Horowitz, and am writing to respond to your email below. I am informed that the "publicity photograph" was not copied from your website, contrary to your surmise. It appears to be in the public domain. If you dispute this, please promptly furnish me with a copy of your copyright registration.

Even if the photo is copyrighted, its use in FrontPageMagazine.com appears to qualify as a fair use. The nature and purpose of the use is news reporting and commentary in an Internet publication for nonprofit educational purposes. The very nature of a "publicity photo" suggests that it is ordinarily intended to be used without obtaining permission in advance. Moreover, it does not appear that the effect of the use would be to decrease the value of the photo, which appears to have been widely circulated in many sources. Accordingly, we believe a court would find this use of the photo to be "fair" under Section 107 of the Copyright Law.

Based on the foregoing reasons, your three requests are hereby rejected. We would be willing to consider any further information you care to provide, including a copy of any copyright registration.

Manuel S. Klausner

---

DiscoverTheNetwork.org was created by David Horowitz to track the interlocking network of the far-Left. DTN features in-depth profiles of leftist organizations and personalities, and houses the blog Moonbat Central.

[Brilliant]

Good thing Ted has such a good image. I'm sure he'll be able to find a sympathetic jury to hear his case (he, he).

[G Larry]

Gee, that was a much more thoughtful and expensive response than mine would have been!

i.e. "KMA"!

[gridlock]

Draw horns on it and call it parody.

[Paleo Conservative]

But if they did that, their heads would be empty.

[SedVictaCatoni]

Sheesh. Is that request even legal?

You can demand anything you want, because perhaps the person you're writing a letter to is stupid enough to pay. The demand is essentially an offer to settle in advance: "you pay me $5000, and I agree not to sue you". The particular amount he just made up.

[SuziQ]

DEE-NIED!! Good going frontpagemag!

[steve-b]

The very nature of a "publicity photo" suggests that it is ordinarily intended to be used without obtaining permission in advance.

LOL! What a maroon -- if he labeled it a "publicity photo", he was sending a message that any reasonable person would interpret as permission to use the photo in a reasonable context of providing, well, publicity. He'd have a legitimate complaint if somebody farked the photo to show him in flagrante delicto with a sheep or something, but as it is he's just making an ass of himself.

[steve-b]

Horowitz should send $5000 of Monopoly money to said address.

Better yet, is there a Marxist pesthole country whose currency is 1)called "dollars" and 2)worth about $1.98 in real money for $5000 of theirs?

[steve-b]

I am not an artist. Can anyone who is come up with a caricature of him done in his own style?

No; an artist cannot produce images in Ted Rall's style.

What you need is someone with no artistic talent whatsoever, or, better yet, someone who has never handled a pen before, to make the attempt.

[sdpatriot]

hmmm .. that's the first time i've seen a picture of him.. he looks like a girl. no wonder he's having the vapours over it.. lol

[Constitutionalist Conservative]

Better yet, is there a Marxist pesthole country whose currency is 1)called "dollars" and 2)worth about $1.98 in real money for $5000 of theirs?

Right -- there's nothing in the demand that requires U.S. currency. Further, there's nothing in the demand that requires the $5000 to be in a currency that is at this time legal tender. So.... maybe Confederate currency?

Rall shouldn't be so careless in his wording when talking to a lawyer. Shoulda remembered his buddy, Bill "the meaning of 'is'" Clinton.

[DTogo]

Turd Ball needs to be dropped off at a local Airborne Ranger watering hole to espouse his thoughts on Pat Tillman, and then suffer the consequences.

[upchuck]

SOMEBODY had to do it!

[Dallas59]

Ralls is such a.......

[Petronski]

I suspect Mr. Klausner was at least tempted to add a post script:

P.S.: Now reach over here so I can SMACK you, you worthless moron you.

[A message]

Ted Rall's product is garbage.

garbage in... garbage out.

plus I do not think his art is worth more than garbage.

and his opinion is worth less than garbage.

and Mr Rall I will never sell your garbage.

[mnehring]

bump to see what happens.

[Sender]

All it takes is MS Paint and third grade. Sorry Ted.

[Sender]

Well hey, it's more accurate than Rall's caricature of Bush. Oh and Ted, if you put this on your website, I'll need $5000 up front. To everyone else it's free.

[tumblindice]

Ted Rall, Aron Magruder, Gary Trudow, Olifant, Wright . . they all love the 1st Amendment, unless someone is using it to say something that they don't like, then they hold their breath until they turn blue. Grown men.
Go sit in the corner Ted. First, gimme those crayons. And put that lower lip away `fore a rooster lights on your nose and . . time-out for you, young man!