Posted on 08/04/2006 8:00:00 AM PDT by SmithL
Beinin, a prominent Middle Eastern scholar, filed suit in March -- turning his ideological clash with FrontPageMag.com Editor in Chief David Horowitz into a legal one.
Horowitz removed the photo from later printings, but Beinin said the harm had already been done and is demanding unspecified damages. With the United States at war in Iraq, Beinin said, it's a scary time to be labeled a supporter of terrorism.
"Horowitz is -- if not a coordinated part -- part of a broader attack against people who speak out against Bush's Middle Eastern policies," said Beinin, past president of the Middle Eastern Studies Association. "If you don't fight back and allow the Horowitzes to do and say what they want, it pollutes the political environment to the point where you can't have intelligent discussions about what we do in the world."
While he believes what Horowitz did was libelous, Beinin isn't suing on those grounds. Instead, he selected a more clear-cut legal challenge -- copyright infringement for unauthorized use of his photo.
Horowitz, who said he didn't know the photo was copyrighted, argues he's the victim in the dispute.
"It's an abuse of the courts to chill my free speech," Horowitz said of Beinin's lawsuit. "If he wants a debate, I will come to Stanford and debate him."
(Excerpt) Read more at sfgate.com ...
"copyright infringement for unauthorized use of his photo."
Unfortunately, he may have case.
Beinin can choose to be "prominent" and therefore a public figure or he can choose to be a private citizen but he can't have it both ways.
He is "prominent" so his complaint probably won't stick. Its more or less a shakedown play.
Monetary damages are likely to be nearly zero as I would think you need to show how use of photo damaged Beinin's income stream or enhanced Horowitz.
This lawsuit is an abuse of the legal system.
"This lawsuit is an abuse of the legal system."
Oh, I agree, but the reason I say he might have a case is because of where he brought the suit.
LOL
Would it not be ironic if Beinin hired a Jewish lawyer?
Possibly but...
From his bio..
"He also studied at the American University of Cairo and the Hebrew University of Jerusalem."
http://www.stanford.edu/~beinin/
Conservatives do. Liberals wet their pants and then whine to the courts.
To be included in that company, Horowitz must think Beinin is a serious asshole.
Right. Loses, appeals up to 9th circus, instant win.
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