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Tags al franken , fox news

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Old 12th August 2003, 05:54 AM   #1
headscratcher4
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Fox Sues Al Franken...

http://www.washingtonpost.com/wp-dyn...2003Aug11.html

Apparently, Fox has exclusive rights to the term "fair and balanced"...
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Old 12th August 2003, 06:01 AM   #2
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And yet another company legal department wastes money forgetting the "fair use" doctrine.

They realize, of course, that the controversy will only boost sales of Franken's book. Thank you, Fox News!
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Old 12th August 2003, 06:05 AM   #3
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From the article linked above...
Quote:
In its fair and balanced way, Fox News refers in its suit to Franken as an "unstable" and "shrill" "C-level commentator" who is "not a well-respected voice in American politics."

The attorneys do concede that Franken "achieved some renown as a comedy writer in the 1970s when he worked for the television program 'Saturday Night Live' " but add he since "has attempted to remake himself into a political commentator" and "is neither a journalist nor a television news personality." (Note the distinction being made between "journalist" and "television news personality.")
Just curious -- I'm no lawyer, but is any of this relevant to copyright infringement? Why would it be referenced in the suit?
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Old 12th August 2003, 07:27 AM   #4
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Quote:
Originally posted by hgc
From the article linked above...
Just curious -- I'm no lawyer, but is any of this relevant to copyright infringement? Why would it be referenced in the suit?
Good question.
Al Franken could be a C level commentator or an A level one, it really doesn't matter to this issue, does it?
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Old 12th August 2003, 09:07 AM   #5
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Old 12th August 2003, 10:10 AM   #6
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I do have a problem with the article, it seems to blend factual reporting with editorial commentary, which is just the sort of thing those that cry "liberal media" are complaining about... I don't want to lend straw to their strawman, as it were...

Anyone else troubled by this?
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Old 12th August 2003, 10:18 AM   #7
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It's a column, which I think is pretty well understood to mean that it's an opinion piece, so I have no problem with the article from that perspective.

I do have a problem with Fox insisting that no one can describe something as "fair and balanced" without their permission. It's my fair and balanced opinion that Fox can bite me.
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Old 12th August 2003, 11:08 AM   #8
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Sorry, I should have identified it...the item came from the Wash Post's "Style" section (like the arts) soft news, opinion, criticism, celebrity gossip, etc. THis was not a hard news story, nor was it placed as one by the editors...in this respect, it is different than papers like the NYPost....
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Old 12th August 2003, 11:11 AM   #9
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Quote:
Originally posted by Michael Redman
It's a column, which I think is pretty well understood to mean that it's an opinion piece, so I have no problem with the article from that perspective.

I do have a problem with Fox insisting that no one can describe something as "fair and balanced" without their permission. It's my fair and balanced opinion that Fox can bite me.

I remember reading in interview with Franken where he was discussing his previous book, "Rush Limbaugh is a Big Fat Idiot." He mentioned that it seemed the concept of irony was lost on many of the right wingers who accused him of unfairly attacking Limbaugh in the title. It guess the "fair and balanced" Fox News has a problem with irony as well.

I once received a fruit basket from Roger Ailes, chairman of FNC (mistakenly btw, it was meant for someone else in my building). If you're reading this Mr. Ailes, it was a pretty sorry basket. And that's my fair and balanced opinion.


Mike
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Old 12th August 2003, 11:11 AM   #10
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CNN's take on it

http://www.cnn.com/2003/SHOWBIZ/book....ap/index.html

Quote:
Fox News Channel has sued liberal humorist Al Franken and the Penguin Group to stop them from using the phrase "fair and balanced" in the title of his upcoming book.

Filed Monday in Manhattan, the trademark infringement lawsuit seeks to force a Penguin publisher, Dutton books, to rename the book, "Lies and the Lying Liars Who Tell Them: A Fair and Balanced Look at the Right." It also asks for unspecified damages.

Fox News registered "Fair & Balanced" as a trademark in 1995, the lawsuit said.

Franken's "intent is clear -- to exploit Fox News' trademark, confuse the public as to the origins of the book and, accordingly, boost sales of the book," it said.
.....
Lawyers- do they have a case?
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Old 12th August 2003, 11:18 AM   #11
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A writer for Slate praises the columnist who wrote the original article in this post:

http://slate.msn.com/id/2086810/

one quote:
Quote:
Using her pen like a lacrosse stick, de Moraes head-smacks her self-important subjects. Entertainment and news executives are always "suits," whom she regards as preening and ridiculous liars. Covering the summer TV press tour in Los Angeles, she notes that the critics have invented "Press Tour Bingo," assigning a bingo letter to each cliché they expect the execs to mouth. When NBC entertainment chief Jeff Zucker discloses to a group of TV beat writers that a Friends cast member is getting his own show and says, "I cannot think of a bigger announcement this summer," de Moraes cheap-shots him with the aside that his comment came "48 hours after Lt. Gen. Ricardo Sanchez announced that U.S. forces had killed the sons of Saddam Hussein." She describes CBS chairman and CEO Les Moonves as "a former actor who can actually chew scenery while his mouth is covered by duct tape." After reporting at length the MSNBC-Fox News feud over the latest bit of Geraldo Rivera battlefield grandstanding, de Moraes deadpans, "In their spare time yesterday, both news networks covered the carnage in Iraq."
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Old 12th August 2003, 12:17 PM   #12
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I always thought Fox's use of the phrase "fair and balanced" was itself a parody. Along with "we report, you decide." Do they mean to say that they believe themselves to be serious about this?


...And I always thought they were the subtle, satirical spinoff from comedy central. Sorta "the daily show" without a "laugh" sign.
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Old 12th August 2003, 09:27 PM   #13
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Latest reports say that Franken is laughing at the lawsuit.

Franken might consider asking the court for sanctions in this matter. More likely, Fox will eventually "settle" the suit and tacitily claim victory without discussing the exact terms of the settlement.
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Old 13th August 2003, 01:12 AM   #14
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Of course, FOX could not do anything more to help sales of his book and make themselves a laughingstock. If I was suspicious, I would think they were in cahoots!

http://story.news.yahoo.com/news?tmp...nken_lawsuit_6

Quote:
Al Franken, the humorist being sued by Fox News Channel for use of the phrase "fair and balanced," said Tuesday he doesn't mind the legal action.
....

Franken also thanked Fox "for all the publicity." As of Tuesday night, "Lies" had reached No. 4 on the bestseller list of Amazon.com, one ranking ahead of the latest Harry Potter book.

In its court papers, Fox described the author and liberal commentator as "neither a journalist nor a television news personality. He is not a well-respected voice in American politics; rather, he appears to be shrill and unstable. His views lack any serious depth or insight."

Fox alleged that Franken was "either intoxicated or deranged" when he attacked the network and conservative host Bill O'Reilly at an April press correspondents dinner. The lawsuit also says that Franken has been described as "increasingly unfunny."

"As far as the personal attacks go," Franken responded, "when I read `intoxicated or deranged' and `shrill and unstable' in their complaint, I thought for a moment I was a Fox commentator.

....
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Old 13th August 2003, 06:33 AM   #15
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Quote:
"As far as the personal attacks go," Franken responded, "when I read `intoxicated or deranged' and `shrill and unstable' in their complaint, I thought for a moment I was a Fox commentator."
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Old 13th August 2003, 07:16 AM   #16
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Clearly, this is an important strategic move by Fox to benefit some of their comentators...the next time one of them opines negatively on frivolous law suits, they will have at least one dramatic example at which they may point....
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Old 13th August 2003, 07:38 AM   #17
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Why am I not surprised that Fox has no idea what is appropriate to say in a legal document?

This should be fun. More humiliation for O'Reilly? Count me in.
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Old 13th August 2003, 07:46 AM   #18
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Quote:
...And I always thought they were the subtle, satirical spinoff from comedy central. Sorta "the daily show" without a "laugh" sign.
Actually, there isn't a laugh sign on the Daily Show. They tell you on the way in to only laugh when you find something funny (though they do tell you to laugh loud so the microphones pick it up). That's why you regularly see jokes that fall flat and John making recoveries.

I do seem to recall John Stewart making a comment about Fox being the other fake news organization, or some such. I find it difficult to disagree with him. Somehow, despite never actually having a live feed from a news event The Daily Show manages better coverage than most news programs.
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Old 13th August 2003, 07:51 AM   #19
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So, I take it that no one on this board considers Fox a trustworthy news source?
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Old 13th August 2003, 07:53 AM   #20
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Quote:
Originally posted by Upchurch
So, I take it that no one on this board considers Fox a trustworthy news source?
I think it's kind of like pro wrestling. At some point, even its most vocal adherents have to admit it's all rigged.
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Old 13th August 2003, 08:01 AM   #21
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Quote:
Originally posted by Upchurch
So, I take it that no one on this board considers Fox a trustworthy news source?
Umm. What do you consider to be a trustworthy news source?

Franken? Moore? ???
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Old 13th August 2003, 08:08 AM   #22
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Quote:
Originally posted by Sundog
Why am I not surprised that Fox has no idea what is appropriate to say in a legal document?
This is no minor point. The quoted parts of the pleadings are inappropriate and undignified. They do not "sound" like proper pleadings. Why do you suppose the pleadings were drafted that way?

Here's one possible answer: Legal pleadings carry with them some protection against lawsuits. You can say pretty much anything you want about someone in a legal pleading, and the person that you insult ordinarily can't successfully sue you. (There are rare exceptions.)

Franken may have insulted Fox, but if so, he did it without trying to hide. Fox now insults Franken, but Fox prefers to hide.
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Old 13th August 2003, 08:19 AM   #23
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Quote:
Originally posted by Brown

Here's one possible answer: Legal pleadings carry with them some protection against lawsuits. You can say pretty much anything you want about someone in a legal pleading, and the person that you insult ordinarily can't successfully sue you. (There are rare exceptions.)
A truly strange strategy, if true. Franken is fully equipped with the most powerful weapon against tyrants: laughter. He has already counterattacked brilliantly.

Plus, the net result of their "legal flaming" seems to be that Franken will sell a whole lot more books. D'oh.
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Old 13th August 2003, 08:21 AM   #24
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Quote:
Originally posted by hammegk

Umm. What do you consider to be a trustworthy news source?

Franken? Moore? ???
Franken and Moore don't proclaim themselves to be "trustworthy news sources." They make no bones about their ideologies. Fox, on the other hand, is like the preacher who holds himself up as the paragon of virtue...and is then caught cheating on his wife and absconding with church funds.

Mike
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Old 13th August 2003, 10:00 AM   #25
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Quote:
What do you consider to be a trustworthy news source?
More than one source is more trust-worthy than any single source.

That's why good journalists go for corraboration (sp?) as opposed to opinion people who shoot from their hips.

Want news? Sekk journalists. Want slant? Seek the above-named actors.
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Old 13th August 2003, 11:03 AM   #26
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Quote:
Originally posted by hammegk

Umm. What do you consider to be a trustworthy news source?

Franken? Moore? ???
Acutally I find the Daily Show to be a better source of trustworthy news.
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Old 13th August 2003, 11:37 AM   #27
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Fox News is beyond idiotic. I just sent the following email to that moron O'Reilly:

Bill -

I am sitting here in my office chair which was previously off-balance and a dark maroon color. This color did not go with the rest of my fair-colored office. Fortunately, it's been fixed and re-upholstered, so it's now "fair and balanced".

I usually go to the gym at lunch. I work out on the stationary bikes that are not used for the spinning classes. You could say that I work out in the "no spin zone" .

I guess I had better sign off now, I have to write a report for work. It is referred to as a written exercise, or "W.E.". Does it seem fair that I must, on such short notice, write this "W.E." report? You decide.

When do I get my lawsuit? :-)
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Old 13th August 2003, 11:43 AM   #28
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I love what the NY Times has to say about it...

"...Fox's complaint sounds like a collection of things Mr. O'Reilly wishes he'd remembered to say at their last encounter."

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Old 13th August 2003, 12:23 PM   #29
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Quote:
Originally posted by hammegk

Umm. What do you consider to be a trustworthy news source?
There is no one news source that is 100% trustworthy. However, on the sliding scale of such things, I personally consider MSNBC, CNN, and even PBS to more trustworthy than FOX and exceptionally more trustworthy than Bill O'Rilley. Although, admitedly, O'Rilley isn't a news source even though he claims to be.
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Old 13th August 2003, 12:25 PM   #30
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Quote:
Originally posted by Valley_girl
It is referred to as a written exercise, or "W.E.". Does it seem fair that I must, on such short notice, write this "W.E." report? You decide.
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Old 13th August 2003, 12:39 PM   #31
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Quote:
Originally posted by mfeldman


Franken and Moore don't proclaim themselves to be "trustworthy news sources." They make no bones about their ideologies. Fox, on the other hand, is like the preacher who holds himself up as the paragon of virtue...and is then caught cheating on his wife and absconding with church funds.

Mike
I like O'Reilly....but the boy needs to lighten up a tad. If he back into a wall his rear end would suck out a brick. I mean, Franken got him (O'reilly stated that one of the rag news shows he worked on won a Peabody award when it turned out to be a different award....and won *after* O'Reilly worked there).

Franken is occasionally funny, but it's usually painful to watch him. When he is funny, he's very funny.

Moore, on the other hand, makes "documentaries" where the truth is twisted or non-existent. While Mr. Moore may not stand up and scream that he is a trustworthy news source there is supposed to be an implied trust-worthiness to a documentary.
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Old 13th August 2003, 02:06 PM   #32
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I caught part of O'Rilley's show today and he seemed quite irate about the Franken situation. (That is, of course, a vast understatement.)

O'Rilley claims that when he (O'Rilley) does a spoof or parody it is done with the intent of light hearted ribbing and not meant to malicious. What Franken did, claims O'Rilley, had no comedic value and was done with the sole intent of being malicious.

As I'm driving down the road listening to this, I'm thinking, "Al Franklen is a comedy writer. He's been writing comedy and parodies for shows like SNL for years and years. How could they not consider this legitimate satire?"

And then I remembered. This was coming from "The No Spin (Except O'Rilley's) Zone."
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Old 13th August 2003, 02:50 PM   #33
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Comedy, like beauty, is in the eye of the beholder. And it in no way precludes maliciousness.
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Old 13th August 2003, 02:51 PM   #34
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Quote:
Originally posted by Aoidoi
I do seem to recall John Stewart making a comment about
Fox being the other fake news organization, or some such.
Um, no, I think it was...
Quote:
STEWART: No, there's no question. There is... in your mind...
look, you know they always talk about the news wants to be
objective. Leaving FOX NEWS out of it because that's sort of a
different animal. And, by the way, a very entertaining animal.
I enjoy watching FOX NEWS and I think every country should
have their own Al-Jazeera.
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Old 13th August 2003, 04:13 PM   #35
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Er, that wasn't the line I was thinking of. It was a throwaway line in one of his opening segments, I think. Something along the lines of "We, being the only fake news organization out there, other than Fox News, of course..." Though I freely admit I might be totally misremembering it.
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Old 13th August 2003, 06:41 PM   #36
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Originally posted by Brown
This is no minor point. The quoted parts of the pleadings are inappropriate and undignified. They do not "sound" like proper pleadings. Why do you suppose the pleadings were drafted that way?

Here's one possible answer: Legal pleadings carry with them some protection against lawsuits. You can say pretty much anything you want about someone in a legal pleading, and the person that you insult ordinarily can't successfully sue you. (There are rare exceptions.)

Franken may have insulted Fox, but if so, he did it without trying to hide. Fox now insults Franken, but Fox prefers to hide.
I was thinking the same thing, a mixture of "preaching to the jury" and planting seeds for future misdirection in the future. I can see someone saying "Franken was intoxicated or deranged. It says so in official court documents."

It reminds me of my initial thought when I read the pleadings in the Paula Jones case. There is a discription of Clinton, umm, "handling" himself. I thought, "Man, things are going wrong for you when there is an official court document describing you playing with yourself."
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Old 13th August 2003, 08:54 PM   #37
The Central Scrutinizer
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Quote:
In its fair and balanced way, Fox News refers in its suit to Franken as an "unstable" and "shrill" "C-level commentator" who is "not a well-respected voice in American politics."
Why haven't they hired him yet?
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Old 13th August 2003, 08:56 PM   #38
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I just ordered it.

Sorry Bill.
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Old 14th August 2003, 01:15 AM   #39
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Quote:
Originally posted by Brown
This is no minor point. The quoted parts of the pleadings are inappropriate and undignified. They do not "sound" like proper pleadings. Why do you suppose the pleadings were drafted that way?

Here's one possible answer: Legal pleadings carry with them some protection against lawsuits. You can say pretty much anything you want about someone in a legal pleading, and the person that you insult ordinarily can't successfully sue you. (There are rare exceptions.)

Franken may have insulted Fox, but if so, he did it without trying to hide. Fox now insults Franken, but Fox prefers to hide.
Oooh, that's pithy. And so true.
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Old 14th August 2003, 01:41 AM   #40
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Aoidoi:you may be recalling when The Daily Show won
an award and Mr. Stewart said something to the effect of
"Well-we do fake news,so there's not much competition-
just us and Fox"
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