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Court Rules Fair Use, Dismisses Radio Host's Suit
MediaPost.com ^ | July 29, 2008 | by Wendy Davis

Posted on 07/31/2008 11:56:25 AM PDT by Jim Robinson

A federal judge has dismissed radio host Michael Savage's copyright infringement lawsuit against the Counsel on American-Islamic Relations, which had posted excerpts of one of his programs online.

Judge Susan Illston in San Francisco ruled that the clips, totaling four minutes out of the two-hour Savage Nation program that ran on Oct. 29, 2007, constituted a fair use.

"Defendants used plaintiff's material in order to criticize and comment on plaintiff's statements and views," Illston wrote in the 21-page ruling.

Savage filed suit for copyright infringement and racketeering last December. Among other allegations, Savage asserted that the CAIR took his statements out of context in order to harm his public image as well as to help the organization raise funds. The clips were excerpted from a program in which Savage said, "The Quran is a document of slavery and chattel," and that Islam is "a religion that teaches convert or kill, a religion that says oppress women, kill homosexuals."

Illston discounted both arguments. She ruled that even if the organization used the clips to raise money, doing so would have been a fair use of Savage's work. "The sum of plaintiff's allegations and evidence demonstrate that there will be no actual or potential market impact on the original work," she wrote. "The audience that might donate and listen to the audio segment on defendants' Web site is separate from the audience that plaintiff possibly could stand to profit from in using his Web site to sell the audio content at issue."

(Excerpt) Read more at mediapost.com ...


TOPICS: News/Current Events
KEYWORDS: copyright; fairuse; intellectualproperty; savage; talkradio
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To: miliantnutcase; rockabyebaby; CaspersGh0sts; TexasCajun; Neidermeyer; sam_paine; ...

Oh I knew I was going to hear from a lot of people on this on. First lets go through them. I didnt vote form McLame and I am no fan of Rudy. I voted for Thompson. I am not siding with CAIR, I am speaking out against a little troll who felt the need to bring a frivolous lawsuit into court. And yes, Weiner does stab conservatives in the back. Have you heard how he talks about Rush and Hannity and his little sophmoric names for them. Weiner is not #3 and his ratings are declining. Levin beats him in every market Levin is in. Weiner better pray Levin doesnt pick up anymore affiliates. Speaking of Levin, Weiner should have taken Levin advice on how to go about his lawsuit. Weiner just might have won. And to top it all off, a guy that makes his kind of money has to ask his listeners help him out monetarily with his lawsuit? Very liberal of him. As far as Weiner being a conservative, well I guess the same could be said about Ruth Bader Ginsberg. He is no conservative. He is a hack. He found a niche and it makes money for him. He would rather skinny dip with a gay poet. He has sucked up to the likes of Chuck Schumer and has contributed to Democrats. I dont think a true conservative would do that.


41 posted on 07/31/2008 3:17:51 PM PDT by Long Island Pete
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To: Long Island Pete

Ahem - we are not discussing who SAVAGE contributes money to, we are discussing the fact the his case against TERRORISTS has been thrown out, something you seem to be overjoyed about.......make all the excuses you want, the fact remains you prefer TERRORISTS over an American citizen.


42 posted on 07/31/2008 3:20:10 PM PDT by rockabyebaby (PLEASE PRAY FOR OUR INFIDEL STEPHENJOHNBANKER)
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To: Long Island Pete
Thank you for responding with specifics.

You say Savage trashes conservatives and include examples. I will address one (and the others if you choose).

I am doing this hoping that others who may not know the facts see this. I have listened to Savage for more than 12 years.

Schumer opposed handing over our ports to a Middle Eastern country to manage. Conservatives were against handing over our ports to a Middle Eastern country to manage. Many Republicans wanted to hand over the management of our ports to the UAE.

Schumer was on for that one reason and that one reason only: defeat the Republicans, et al who wanted to hand over the management of our ports to the UAE. Schumer acknowledged that the invite surprised him because Savage always bashed him on all other issues and, in fact, Savage still does that.

Savage bashes some Republicans as does another favorite of mine, Mark Levin.

43 posted on 07/31/2008 4:13:20 PM PDT by WilliamofCarmichael (If modern America's Man on Horseback is out there, Get on the damn horse already!)
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To: Long Island Pete

Hannity plays nice with liberals alot more often than Savage does: he frequently allows Sharpton, Schumer and other liberals to take up airtime a lot more than Savage ever does. By your logic, Hannity is the liberal, not Savage.


44 posted on 07/31/2008 4:15:58 PM PDT by Tamar1973 (Catch the Korean Wave, one Bae Yong Joon film at a time!)
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To: Jim Robinson

I love Michael Savage.


45 posted on 07/31/2008 8:20:58 PM PDT by Saundra Duffy (For victory & freedom!!!)
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To: Long Island Pete; NYC Republican
And yes, Weiner does stab conservatives in the back. Have you heard how he talks about Rush and Hannity and his little sophmoric names for them.

Correction, Savage stabs Republicanism in the back when it deserts conservative principles and all those who in the name of conservatism continue to carry the water for them as Rush and Hannity both have done.

Weiner is not #3 and his ratings are declining.

Correction, Savage by all radio industry accounts still ranks #3 unless you have stats to back up your wishful thinking.

Levin beats him in every market Levin is in.

Correction, Levin beat Savage in N.Y., you have no evidence that he beats Savage in every market that they're both in, again wishful thinking on your part.

Weiner better pray Levin doesnt pick up anymore affiliates.

Levin can only gain affiliates if Savage loses his and there's no evidence save one or two that Savage will be losing his.

As far as Weiner being a conservative, well I guess the same could be said about Ruth Bader Ginsberg. He is no conservative. He is a hack.

Last time I looked FreeRepublic was one of the premier conservative forums in the country and Savage, NOT Air America has a daily thread on it, think about it.

He would rather skinny dip with a gay poet.

Since you're in Long Island why don't you go seek out NYC Republican and the both of you go skinny-dipping in the sewers of Greenwich Village somewhere, you both sound identical in thought, I would almost think you were bed-mates err, I mean soul-mates but I digress........

46 posted on 07/31/2008 8:21:51 PM PDT by whatisthetruth
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To: rockabyebaby; Tamar1973; MinuteGal; dynachrome; WilliamofCarmichael; lormand; Checkers; ...
.......make all the excuses you want, the fact remains you prefer TERRORISTS over an American citizen.

With all the problems this country is faced with, enemies both foreign and domestic, certain freeper 'useful idiots' seem to think that Savage is the enemy so they get in bed with CAIR and Media Matters, La Raza, and other devious liberal organizations trying to get the 'liberal' Savage off the air for making conservatism look bad, just how much effin' sense does that make? If it wasn't so nauseating it would be laughable.

47 posted on 07/31/2008 8:34:54 PM PDT by whatisthetruth
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To: Saundra Duffy; All
I love Michael Savage.

And Savage loves America


48 posted on 07/31/2008 8:46:06 PM PDT by whatisthetruth
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To: whatisthetruth
Your nos. 46 & 47......your double-header nailed it.

Leni

49 posted on 07/31/2008 9:09:11 PM PDT by MinuteGal ( Hottie Contest In Progress for Freepathon. See # 28 on FreepathonThread. Be a WINNER for FR!)
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To: Bob J

I think he should have tired RICO on them and fleshed out a little bit, maybe he could find the proof, tho surely it exists.


50 posted on 07/31/2008 9:44:21 PM PDT by Liberty2007 (Here's Dr. Savage's analysis on the POTUS race"The Afro-Leninist vs The Sarcophogus)
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To: Long Island Pete

well for one chuckie tried to side up with us one issue Savage had him on one time. My guess is he is not on dubai payroll and was pissed. The next week savage was back to blasting chuckie. Now I dont see you or any other so called conservatives trying to fight cair, this is not good they won, granted he probably should have tried a different angle to defeat them. I think the next angle should be pitchforks. but that is just me.


51 posted on 07/31/2008 9:52:53 PM PDT by Liberty2007 (Here's Dr. Savage's analysis on the POTUS race"The Afro-Leninist vs The Sarcophogus)
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To: Liberty2007
Facts and Undeniable Truths About Michael Alan Weiner, Who Goes By The Stagename "Michael Savage"
Articles on Weiner Video of Weiner
52 posted on 07/31/2008 11:58:14 PM PDT by Checkers (McCain: "Hillary Clinton would make a good President.")
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To: Long Island Pete
LOL! What are for the Terrorist now? Stabbing conservatives in the back? Who are you talking about? Please tell me you know the difference between a Republican and a conservative? Limbaugh and Hannity are Republicans first and not conservatives.
53 posted on 08/01/2008 3:41:15 AM PDT by Sprite518
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To: whatisthetruth

Bingo


54 posted on 08/01/2008 3:49:38 AM PDT by Sprite518
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To: Checkers
You cannot quote a brief statement with Savage ever. Unless, you are trying going out of your way to try to make the guy look bad. Kind of like the libs in the Lame Stream Media.

I have been listening to Savage for about 2 years now. The guy is clearly the most conservative and educated on the talk radio circuit.

This post is childish and is meant to deceive people that do not listen to Savage.

By the way, I was just glancing down this B.S. you posted, and one I just laughed at.

“On April 17, 2007, at approximately 28 minutes into the 3rd hour of his show, Weiner attacked President Bush for not mentioning Jesus Christ when he spoke at Virginia Tech Convocation.”

Why does that get your panties in a wad? I can play that childish game with all your buddies too. If you want to attack Savage, then point his position on a specific issue. Don't just do half quote 2nd grade debating BS.

55 posted on 08/01/2008 4:00:06 AM PDT by Sprite518
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To: Westlander

I support fair use and I like this ruling, so far.


56 posted on 08/01/2008 4:04:35 AM PDT by compound w
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To: Liberty2007

Private citizens do not have the option of using the RICO statute, particularly not in a civil court.


57 posted on 08/01/2008 4:09:03 AM PDT by Bob J
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To: rockabyebaby
the fact remains you prefer TERRORISTS over an American citizen.

And your proof to that statement is what? He brought a fivolous lawsuit against CAIR, an organization I hate, because they used a quote of his. If that is the case, everyone on FR should be sued.

58 posted on 08/01/2008 4:39:47 AM PDT by Long Island Pete
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To: Long Island Pete

You’re siding with the terrorist group, I’m sure if rush brought this suit and lost all hell would break out on FR because rush in his own mind is always right and heaven forbid someone say anything against him, SAVAGE otoh is disliked therefore most of what he does is ridiculed whether he’s right or wrong. CAIR is the enemy regardless of how frivolous the law suit. A liberal judge threw this suit out,,,,,apparently you side with liberals and terrorists.


59 posted on 08/01/2008 5:15:09 AM PDT by rockabyebaby (PLEASE PRAY FOR OUR INFIDEL STEPHENJOHNBANKER)
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To: rockabyebaby
apparently you side with liberals and terrorists.

It's amazing how you know what is in a mans mind and heart. Have you thought of joining the circus with that talent? You're just a typical Weiner Whiner. Then again I remember when I use to follow Weiner like a blinded sheep. But the I matured as did my intelligence and I stopped listening to him as I did Howard Stern. Weiner boy is a spiteful troll who is jealous of everyone who is better than him. That is fact. He brings nothing to the table except bitching and moaning. Radio would be better off without that kind of crap.

60 posted on 08/01/2008 5:26:53 AM PDT by Long Island Pete
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