Skip to comments.Fox threatens to sue ex-gay over copies of O'Reilly appearance [my title]
Posted on 01/03/2003 7:58:40 PM PST by foreverfree
Network Threatens Former Homosexual with Lawsuit
Talk-Show Host Bill O'Reilly Concerned About Rebuttal from 'Religious Fanatic'
By Allie Martin and Jody Brown
January 3, 2003
(AgapePress) - Fox News has threatened to sue a former homosexual who is now a Christian who engaged talk-show host Bill O'Reilly in a heated exchange on The O'Reilly Factor in September.
Stephen Bennett, a Christian recording artist who says it is possible for homosexuals to leave that lifestyle -- through a relationship with Jesus Christ -- is distributing an audio tape called "The O'Reilly Shocker." On the tape, Bennett responds to Bill O'Reilly's characterization of people who take the Bible literally as "religious fanatics." The hour-long tape includes about three minutes from the September interchange between Bennett and O'Reilly. [See Earlier Article]
In a letter Bennett received yesterday from the New York City law firm representing the Fox network, Fox News has threatened a lawsuit if he does not stop distributing the tape and does not turn over all remaining copies.
But Mike DePrimo, senior litigation counsel for the American Family Association Center for Law & Policy, which represents Bennett, says Bennett has a right to distribute a recording of the program -- and that his use of the tape is legal under copyright law's allowance of fair use and comment.
"The law provides that even copyrighted material may be used, provided it's used not for commercial gain but for comment," DePrimo says. "Stephen Bennett used the material from the O'Reilly show simply to rebut the arguments O'Reilly put forward."
The attorney implies there may be another reason the popular O'Reilly wants distribution of the tape stopped -- and it has to do with image. "O'Reilly promotes himself as a conservative," DePrimo explains. "In fact, Bennett's tape shows that O'Reilly is simply another media elite who's advancing the homosexual agenda -- and he doesn't want to be exposed for what he is."
In an earlier interview with WorldNetDaily, DePrimo vowed to "vigorously defend" Bennett if Fox proceeds with its threatened lawsuit.
Just prior to Bennett's interview in September, O'Reilly told The Advocate -- a pro-homosexual publication -- that he favored homosexual rights.
A certain web site I know of tried a similar argument in an infringement case. The judge rejected it, as I recall. "Fair use" is a toothless doctrine in today's courts.
That's always true, of course. Heteros can leave the hetero lifestyle and engage in homo practices. Drinkers can become teatotalers and teatotalers can become drinkers, etc.
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