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NY judge orders Gawker to pull Palin book pages
WSJ ^ | November 20, 2010

Posted on 11/20/2010 4:17:46 PM PST by Al B.

NEW YORK — A federal judge in New York City has issued a temporary order requiring Gawker Media to pull leaked pages of Sarah Palin's forthcoming book from its website.

U.S. District Judge Thomas P. Griesa issued the injunction Saturday.

(Excerpt) Read more at online.wsj.com ...


TOPICS: Crime/Corruption; News/Current Events; Politics/Elections
KEYWORDS: book; excerpt; gawker; gawkermedia; judge; leaked; orders; pages; palin; pull; sarahpalin

1 posted on 11/20/2010 4:17:48 PM PST by Al B.
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To: Al B.
A TRO means bad news for the defendant, Gawker in this case. I know very little about the 1A case law, but from what I've read, excerpting published (yet pending distribution) works of non-fiction, like Gawker did, is a no-no.
2 posted on 11/20/2010 4:24:38 PM PST by OldDeckHand
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To: Al B.

You know, for a “nobody”, Sarah Palin and her family get an awful lot of attention. Mysterious powder sent to her daughter at DWTS. A nutty “journalist” renting the house next door to hers (a good place to start looking for who might have gotten a hold of her book in advance), theft of her copyrighted material posted in advance of publication.

I shudder to think what the nutcases of the world might do if she actually announces for President.


3 posted on 11/20/2010 4:25:26 PM PST by chickadee
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To: Al B.; grey_whiskers; mickey finn; Abbeville Conservative; allmendream; lonestar; trisham; ...
COLOR="#FF0000">e happy, and may our enemies know it!


SARAH PALIN'S PING LIST


4 posted on 11/20/2010 4:25:41 PM PST by onyx (If you truly support Sarah Palin and want on her busy ping list, let me know!)
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To: onyx
Oooops...LOL. Hurried that one without proofing.

May we always be happy, and may our enemies know it!



5 posted on 11/20/2010 4:27:27 PM PST by onyx (If you truly support Sarah Palin and want on her busy ping list, let me know!)
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To: Al B.

And another lefty PDS group steps on their own fenorkel.
It’s a genuine phenomenon.


6 posted on 11/20/2010 4:27:43 PM PST by Carl LaFong (Experts say experts should be ignored.)
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To: chickadee

People shooting television sets when DWTS is on......


7 posted on 11/20/2010 4:29:39 PM PST by trappedincanuckistan (livefreeordietryin)
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To: Al B.

Friendly reminder; Gawker Media owns and operates Gizmodo, they of the iPhone 4 pre-release theft.

Is anyone really surprised that an outfit that would willingly pay for stolen goods would basically misappropriate copyrighted material as well?


8 posted on 11/20/2010 4:34:20 PM PST by Terpfen (Buh-bye, Suntan Charlie.)
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To: Al B.

This is yet another thing I admire about Sarah Palin.

she fights back!

Cause by me, Bushes’ rather silly stance that his enemies should be allowed to unfairly blame hurricanes on him, make the mantra of NO WEAPONS OF MASS DESTRUCTION almost tattooed on his forehead....while he makes no attempt to defend himself...well that never impressed me.

Now Bush is out hawking his book and when asked about this stuff, he just sniffs and says he didn’t want to degrade the presidency by defending his actions. His actions AS President I might add, and his clear, concise and constant defense of the actions he took would keep the American public aware of what he did and why. Bush’s reticence and silly nobility only hurt him AND the Republican party.

Palin fights back. America is used to folks defending themselves and I dunno, I don’t know when it ever became any kind of rule that a President should sit back and let lies become truth. Even Obamer fights back though in his case HE IS often wrong.

Palin built a fourteen foot fence when that jerk moved next door. She went after that kid who hacked into her email. She sued this GAWKER group.

The Ruling Class Blue Blood GOP, like, I mention softly, John McCain, who wouldn’t even dare use Obamer’s middle name during the campaign....they have air between their legs.

Karl Rove, a fiery ball of charisma that one, gets on TV and tells Palin to grow a thick skin, HOW DARE SHE DEFEND HERSELF!

Hey, Mr. Rove, had you not advised Bush to keep mum on the important issues of his day he might not have all the terrible things piled on him so unfairly. So how’d that work out for you?


9 posted on 11/20/2010 4:37:15 PM PST by Fishtalk (Dance like nobody's watching; Sing like nobody's listening; Blog like nobody's reading.)
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To: Al B.

The people at Gawker are absolute, bottom-feeding left-wing trash. I mean, they are truly the worst of the worst, what Alcatraz was to prisons.


10 posted on 11/20/2010 4:41:37 PM PST by Extremely Extreme Extremist (The Republic of the United States of America)
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To: trappedincanuckistan
Unfortunately, that happened right here in my state. I found it interesting that the man's daughter had removed the pistols from the home a week earlier because dad was acting a little nutz (but not the shotgun?). Some other info not reported in all articles, the man is an elected official of Vernon (a town supervisor) and (gasp) a lefty.
11 posted on 11/20/2010 4:42:24 PM PST by chickadee
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To: Fishtalk

Good post!


12 posted on 11/20/2010 4:48:11 PM PST by qwertypie
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To: Extremely Extreme Extremist

While I appreciate your comments, you are being too kind.


13 posted on 11/20/2010 4:48:59 PM PST by jttpwalsh
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To: Fishtalk; Al B.
This is yet another thing I admire about Sarah Palin.

she fights back!

A woman who can defend herself and her family? That's where it all begins. She defended her state when she was its Governor. Give her a chance to prove she can defend our country too.

14 posted on 11/20/2010 4:52:07 PM PST by thecodont
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To: Fishtalk
Cause by me, Bushes’ rather silly stance that his enemies should be allowed to unfairly blame hurricanes on him, make the mantra of NO WEAPONS OF MASS DESTRUCTION almost tattooed on his forehead....while he makes no attempt to defend himself...well that never impressed me. Now Bush is out hawking his book and when asked about this stuff, he just sniffs and says he didn’t want to degrade the presidency by defending his actions... Bush’s reticence and silly nobility only hurt him AND the Republican party.

I completely agree with you. It also has been my main problem with W. The Bushes--especially W--seem to hide inability to fight back behind the curtain of 'presidential integrity', which at the end risk everything that the Bushes claim to honor.

15 posted on 11/20/2010 4:56:50 PM PST by paudio (The differences between Clinton and 0bama? About a dozen former Democratic Congressmen.)
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To: Terpfen
"Friendly reminder; Gawker Media owns and operates Gizmodo, they of the iPhone 4 pre-release theft."

I forgot about that Gizmodo fiasco. I wonder how that all turned out, or if it even has yet. IIRC, they were trying to claim privilege under the new (and not legally tested or developed) CA Reporter's Shield law, which I believe the Court found wholly unpersuasive when it refused to quash the subpoena.

Such a assertion here will have virtually no chance of success for defense. Oddly enough, intellectual property law is much more robust than real property law in this regard. For instance, even if Gawker says someone delivered the book to them unsolicited and anonymously, that doesn't give them the right to publish it, even if they're telling the truth.

I'm pretty sure they're screwed here. I foresee settlement negotiations in Gawker's more immediate future.

16 posted on 11/20/2010 4:58:09 PM PST by OldDeckHand
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To: Al B.
Gawker defended its action in a post Thursday titled "Sarah Palin is Mad at Us for Leaking Pages From Her Book" and addressed a message to "Sarah" telling her to read pages about fair use under copyright law. "Or skip the totally boring reading and call one of your lawyers," the post said. "They'll walk you through it."

So, did the judges walk their lawyers through it? Or they actually need to find new lawyers?

17 posted on 11/20/2010 5:01:47 PM PST by paudio (The differences between Clinton and 0bama? About a dozen former Democratic Congressmen.)
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To: paudio

If filesharing a song or two is worth a million or so in fines, then this should be a good ten or twenty worth of theft.


18 posted on 11/20/2010 5:07:09 PM PST by sbMKE
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To: paudio
So, did the judges walk their lawyers through it? Or they actually need to find new lawyers?

If they'd read "Sarah's" tweet yesterday saying "Isn't that illegal?", they might have gotten a clue as to what was coming. After the suit was filed, one of Palin's inner circle, Rebecca Mansour, tweeted:

"Dear Gawker,when she asks a rhetorical question,it's cuz we're about to deliver the answer.Have fun w HarprCollns' lawyrs http://is.gd/hstI6"

19 posted on 11/20/2010 5:10:53 PM PST by Al B.
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To: Fishtalk

Yes Ma’am, Fishtalk! You betcha, she fights back and she takes the fight right where it belongs! Her aim is dead-bang accurate and she stands tall and strong because of it.

Gone are the days of letting her enemies define her. She’s her own campaign manager. She’s defining herself and the Rove’s and others can go to Hell. She tougher, rougher and smarter than all of them put together. They pan and rail against “Sarah Palin’s Alaska” only because they never thought of anything as brilliant.

Good-bye to the Blue Blood GOP. TEA runs in our veins!


20 posted on 11/20/2010 5:30:29 PM PST by onyx (If you truly support Sarah Palin and want on her busy ping list, let me know!)
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To: jttpwalsh

Yeah I know. My apologies to bottom-feeding trash.


21 posted on 11/20/2010 5:58:24 PM PST by Extremely Extreme Extremist (The Republic of the United States of America)
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To: paudio

Someone inform those wankers that until the book is officially published there isn’t any !@#!#$@# fair use.

Until it’s officially published their actions are THEFT OF INTELLECTUAL PROPERTY and possibly computer hacking crimes.

Beyond that, fair use is a paragraph or two at most, not entire pages.


22 posted on 11/20/2010 6:00:38 PM PST by relictele
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To: OldDeckHand
I wonder how that all turned out, or if it even has yet.

Still ongoing.

IIRC, they were trying to claim privilege under the new (and not legally tested or developed) CA Reporter's Shield law, which I believe the Court found wholly unpersuasive when it refused to quash the subpoena.

Pretty much. They attempted to spin the situation as a matter of journalistic integrity rather than whether or not they paid for stolen goods. They lose the latter case in an instant, but if they press the former, they get to play scorched earth PR campaigns.
23 posted on 11/20/2010 6:21:47 PM PST by Terpfen (Buh-bye, Suntan Charlie.)
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To: Al B.

I saw someone tweet that Sarah was hurting herself by doing the Alaska show. The next tweet they sent out asked people to go on line and sign a petition to get TLC to take her show off the air.


24 posted on 11/20/2010 6:31:58 PM PST by feedback doctor (revolution, baby)
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To: feedback doctor

You mean that show that gave TLC their largest ratings ever.... yep, I bet they really wish they had caved to the libs on that /s


25 posted on 11/20/2010 8:39:57 PM PST by Arizona Carolyn
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To: Al B.

Oh the fun is just starting. One key point: Intentional copyright infringement for commercial gain doesn’t just carry civil penalties. It’s a felony punishable by a year in prison. See 17 USC 506.

Time to get more popcorn...


26 posted on 11/20/2010 9:19:56 PM PST by piytar (There is evil. There is no such thing as moderate evil. Never forget.)
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To: chickadee
I shudder to think what the nutcases of the world might do if she actually announces for President.

You sound an awful lot like Miss Lillian Carter.

27 posted on 11/20/2010 9:57:41 PM PST by Chunga (The Democratic Party Is A Criminal Enterprise)
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To: OldDeckHand
Very good points.

I think the main issue also is that the copying of complete pages does not fall under fair use. Excerpts are legal under the guise of criticism but are limited to the threshold of affecting the commercial value of the product. This becomes even more so the case because the book hasn't even been published yet so these illegal leaks are even more detrimental to the commercial value of the product.

The bottom line is wholesale copying of unpublished pages is not a legal form of criticism allowed under fair use laws. Gawker knows it but they are playing dumb to the brain-dead choir while trying to insult Palin's intelligence.

28 posted on 11/21/2010 12:03:10 AM PST by torchthemummy (The Audacity Of Truth Trumps All)
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To: Al B.
Pulled this one from the comment section of the article...

Isn't it amazing how the libs want to know everything about Palin now and before, but they have no interest in seeing Obamey's birth certificate or his school record! They don't want to know what happened in Pastor's Wright church either.

29 posted on 11/21/2010 10:39:01 AM PST by Evil Slayer (Onward, Christian soldiers, marching as to war)
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