Fox threatens to sue ex-gay over copies of O'Reilly appearance [my title]

http://headlines.agapepress.org/archive/1/32003a.asp ^ | 1/3/02 | Allie Martin and Jody Brown

[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.

[foreverfree]

When you want to cover your tracks, de Nile becomes more than a river in Egypt (or a "Chic" record producer :-)). :-)

foreverfree

[Bogey78O]

'"The law provides that even copyrighted material may be used, provided it's used not for commercial gain but for comment," DePrimo says'

Tell that to the Clintonistas who ruled in favor of the New York Times and the Washington Post.

[IronJack]

his use of the tape is legal under copyright law's allowance of fair use and comment.

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.

[jlogajan]

Actually the intros of articles are still posted here with links to the rest of the article at the origin site. So it looks like "fair use" is still alive even here at FR.

This looks like a legit "fair use" claim -- although a full three minutes might be pushing it a bit.

[jlogajan]

Stephen Bennett, a Christian recording artist who says it is possible for homosexuals to leave that lifestyle

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.

[crystalk]

I see no reason why sinners cannot repent and forsake their sins; my guess is this one is actually easier to forsake than (say) promiscuous hetero activity aka skirt-chasing, would be!

[LiteKeeper]

bump

[IronJack]

The court struck down FR's "fair use" defense in the Post/Times suit. At least as far as posting of entire stories. I don't know the doctrine well enough to know how it applies to excerpts or summaries.

[foreverfree]

BTW before starting this thread, I did a search using the word "Fox" and nothing came up. So I started this thread, then later last night discovered the other thread on this topic. My apologies.

foreverfree

[gdc314]

You know, I've heard O'really say that the bible was just a collection of stories not based in fact and I don't think he was debating this subject of this article when he said it either. I really only remember that part...it really stood out to me.