"Fifth tier" blogger worries radio station KSFO


Fair use or copyright violation?
A new take on free speech, almost too good to be true.

The tale of Spocko, a self-described "fifth-tier" blogger who lives in San Francisco, exemplifies how one person with a computer and an Internet hookup can challenge the views of a major media corporation -- and what a media corporation will do to stop him.

For the past year, Spocko has been e-mailing advertisers of KSFO-AM with audio clips from its shows and asking sponsors to examine what they're supporting. Some sponsors have pulled their ads, after hearing clips like one of KSFO's Lee Rodgers suggesting that a protester be "stomped to death right there. Just stomp their bleeping guts out."

Now, bloggers and media freedom advocates are concerned about the legal reaction from Disney/ABC-owned KSFO. Shortly before Christmas, an ABC lawyer demanded that Spocko remove audio clips from his blog on the grounds that Spocko's posting of KSFO content was illegal. Digital freedom advocates counter that the clips constitute fair use and worry that critical voices could be silenced by corporations threatening legal action for violation of copyright law.

"That's inevitably been the modus operandi of the media companies in these types of situations," said Ronald Coleman, legal counsel for the Media Bloggers Association, which provides legal support to bloggers. "It doesn't matter the size of the blogger."

Spocko, who asked that his real name not be used because he fears retaliation, is a hobby blogger; he says he gets 15 visitors a day -- and no advertisers -- to his political and media criticism blog.

Sounds like fair use to me. Nothing like hitting them in the pocketbook.

I wonder what Mickey Mouse would think?

— NeoWayland

Posted: Thu - January 11, 2007 at 02:11 PM  Tag


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