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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: Long Island Pete

Ah yes, now your mask comes off and your true self is shown,,,,how sad for you,,,,,you have a lot of liberal traits are you sure you’re on the right forum? Move along,,,,,we’re done.....I can see there’s no point continuing a discussion with someone who wants to name call.


61 posted on 08/01/2008 6:23:13 AM PDT by rockabyebaby (PLEASE PRAY FOR OUR INFIDEL STEPHENJOHNBANKER)
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To: whatisthetruth; Checkers
If there were more than 3 of you Weiner fans here on Freerepublic, I would think it necessary to put a disclaimer for each Weiner criticism post. It could go something like this....

Disclaimer: I am not a McCain clone, CAIR supporter, Useful Idiot for (Terrorism, Open Borders, anti-Autism-taunters, ). I am a Conservative with a consistently Conservative compass which does not waver or fail. I only support Conservatives and do not fund the campaigns of ultra liberals.

The PROJECTIONISM that Weiner champions like yourself exhibit is breath taking. Here you have a guy with a made up name who takes time every time he is on the mic to critisize other Conservative talkers with unflattering name calling. None of this strikes any of you as "useful idiot" activity does it?

Please keep providing us with more laughter, hypocrocy and chutzpah. We anxiously await Weiner's last day on the mic.

62 posted on 08/01/2008 6:49:58 AM PDT by lormand (Don't vote democRAT, from either party.)
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To: Long Island Pete; rockabyebaby
you have a lot of liberal traits are you sure you’re on the right forum? Move along

DU

63 posted on 08/01/2008 6:53:28 AM PDT by whatisthetruth
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To: lormand
We anxiously await Weiner's last day on the mic.

You mean 'we' as in the militant homosexual groups, the S.F. Board of Supervisors, La Raza, CAIR, Media Matters, and other leftist useful idiot organizations who are also campaigning to get Savage thrown off the air.

You complain about Savage's conservatism or lack thereof, yet you need to look at who you're in league with before assuming the self-appointed mantle of judge and jury about who is or isn't conservative.

64 posted on 08/01/2008 7:09:51 AM PDT by whatisthetruth
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To: whatisthetruth

“You mean ‘we’ as in the militant homosexual groups...”

It’s always the gays with Weiner(Savage).

Curious that.

“The Enemy Within” indeed.


65 posted on 08/01/2008 7:40:14 AM PDT by Checkers (McCain: "Hillary Clinton would make a good President.")
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To: Sprite518; lormand

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

Everything on the list is true.

But, then, you knew that.


66 posted on 08/01/2008 7:42:37 AM PDT by Checkers (McCain: "Hillary Clinton would make a good President.")
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To: whatisthetruth; lormand

“You complain about Savage’s conservatism or lack thereof, yet you need to look at who you’re in league with before assuming the self-appointed mantle of judge and jury about who is or isn’t conservative.”

Weiner’s actions and statements prove he is not a conservative.


67 posted on 08/01/2008 7:48:17 AM PDT by Checkers (McCain: "Hillary Clinton would make a good President.")
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To: whatisthetruth; Long Island Pete
"you have a lot of liberal traits are you sure you’re on the right forum? Move along"

Long Island Pete, I guess you figured out "Weiner logic" by now eh? Stalin also hated liver, so I guess I have Stalin traits.

This particular guy is heavily invested in Weiner and is quick to spew lies, hyperbole and hypocrisy in order to further propagate the illusion that Weiner is worthy of the Conservative label.

68 posted on 08/01/2008 7:51:15 AM PDT by lormand (Don't vote democRAT, from either party.)
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To: Sprite518; lormand

“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.”

Limbaugh and Hannity did not give 2 grand to Jerry Brown.


69 posted on 08/01/2008 7:54:01 AM PDT by Checkers (McCain: "Hillary Clinton would make a good President.")
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To: Checkers; Sprite518
Part of the list are from quotes I heard myself, not from CAIR, or Media Matters either.

I'm sure CAIR and Media Matters love the parts of his show where they agree 100% with what he says. However, the next day he contradicts himself.

I was a fan the first time I heard him until the inconsistencies, hypocrisy and attacks on other Conservative talkers weighed too heavily against my Conservative beliefs. These days, Weiner is all about personal stories, poodles, and depression.

Does any Weiner fan wash extra hard after listening and agreeing with this herb expert?

70 posted on 08/01/2008 7:57:16 AM PDT by lormand (Don't vote democRAT, from either party.)
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To: lormand; whatisthetruth; Long Island Pete

“This particular guy is heavily invested in Weiner and is quick to spew lies, hyperbole and hypocrisy in order to further propagate the illusion that Weiner is worthy of the Conservative label.”

A full time “job”.


71 posted on 08/01/2008 8:00:13 AM PDT by Checkers (McCain: "Hillary Clinton would make a good President.")
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To: lormand; Sprite518

“These days, Weiner is all about personal stories, poodles, and depression.”

Does he still live in San Francisco?


72 posted on 08/01/2008 8:03:25 AM PDT by Checkers (McCain: "Hillary Clinton would make a good President.")
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To: whatisthetruth
I didn't mention "thrown off the air", you did. Are you getting a little nervous about the robustness of Weiner's radio career? I think he will quit before getting thrown off, which is perfectly fine with me. Donation money to California leftist may dry up if Weiner gives up his radio career though.

When a Conservative critisizes someone for donating money to leftist, does that make them tools of "S.F. Board of Supervisors, La Raza, CAIR, Media Matters"?

A Weiner fan would think so, but does that surprise anyone who actually knows Weiner and his fan base?

73 posted on 08/01/2008 8:04:24 AM PDT by lormand (Don't vote democRAT, from either party.)
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To: Checkers; Sprite518
"Does he still live in San Francisco?"

Like the living breathing contradiction that is Weiner, he daily attacks the city, then praises it.

Being in San Fransisco gives one easy access to donate money to its politicians.

74 posted on 08/01/2008 8:06:40 AM PDT by lormand (Don't vote democRAT, from either party.)
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To: Checkers; Sprite518
Using a party to propagate your ideology is the reason for a party. The GOP is the party that has the greatest concentration of Conservatives. To abandon the party as a vehicle and not have an alternative is a recipe for greater liberal dominance.

This common sense statement is definitely lost in the mind of a PHD in herbs and his fawning flock of like minded sheeple.

75 posted on 08/01/2008 8:11:53 AM PDT by lormand (Don't vote democRAT, from either party.)
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To: lormand; whatisthetruth

“I didn’t mention “thrown off the air”, you did.”

“(T)hrown off the air” i.e. market forces at work.

(I still think Weiner will end up on Air America stations.)


76 posted on 08/01/2008 8:12:03 AM PDT by Checkers (McCain: "Hillary Clinton would make a good President.")
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To: lormand; Sprite518

“Like the living breathing contradiction that is Weiner, he daily attacks the city, then praises it.

Being in San Fransisco gives one easy access to donate money to its politicians.”

Being in San Fransisco gives Weiner easy access...


77 posted on 08/01/2008 8:14:32 AM PDT by Checkers (McCain: "Hillary Clinton would make a good President.")
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To: Checkers; whatisthetruth
"(I still think Weiner will end up on Air America stations.)"

Very plausible.

If Weiner fans want to do some comparisons, why not compare anti-GOP statements by Weiner with anti-GOP statements from Air America and see how well the overlap or dovetail? With 8 million listeners, Air America would finally have a "star".

78 posted on 08/01/2008 8:16:32 AM PDT by lormand (Don't vote democRAT, from either party.)
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To: brivette; streetpreacher; plain talk; MPJackal; blues_guitarist; Pajamajan; Taft in '52; gaijin; ...

ping


79 posted on 08/01/2008 8:21:06 AM PDT by Checkers (McCain: "Hillary Clinton would make a good President.")
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To: lormand; whatisthetruth

“If Weiner fans want to do some comparisons, why not compare anti-GOP statements by Weiner with anti-GOP statements from Air America and see how well the overlap or dovetail? With 8 million listeners, Air America would finally have a “star”.”

At least Air America types don’t run around claiming they’re conservatives.


80 posted on 08/01/2008 8:23:28 AM PDT by Checkers (McCain: "Hillary Clinton would make a good President.")
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