ABC v. Spocko

NOTE: The information and commentary contained in this database entry are based on court filings and other informational sources that may contain unproven allegations made by the parties. The truthfulness and accuracy of such information is likely to be in dispute. Information contained in this entry is current as of the last event mentioned in the "Description" section below; additional proceedings might have taken place in this matter since this event.

Summary

Threat Type: 

Correspondence

Date: 

12/21/2006

Status: 

Concluded

Location: 

Pennsylvania

Disposition: 

Withdrawn

Verdict or Settlement Amount: 

N/A
Blogger "Spocko" posted audio clips from a talk radio program on San Francisco-based KSFO-AM on his blog in order to criticize what he viewed as racially insensitive and religioulsy intolerant rhetoric on the part of the radio hosts. In... read full description
Parties

Party Receiving Legal Threat: 

Spocko

Type of Party: 

Organization
Large Organization

Type of Party: 

Individual

Location of Party: 

  • California
  • New York

Location of Party: 

  • Pennsylvania

Legal Counsel: 

Matt Zimmerman (Electronic Frontier Foundation)
Description

Blogger "Spocko" posted audio clips from a talk radio program on San Francisco-based KSFO-AM on his blog in order to criticize what he viewed as racially insensitive and religioulsy intolerant rhetoric on the part of the radio hosts. In December 2006, ABC, Inc., which owned the radio station and the copyrights to the radio show content, sent a letter to Spocko's hosting service, 1&1 Internet Inc., claiming that the posted audio clips violated its copyrights and demanding that 1&1 direct Spocko to remove the content immediately.

After receiving ABC's letter, the hosting service shut down Spocko's blog, but Spocko moved the blog to a different provider. The Electronice Frontier Foundation took on the case and responded to ABC's letter on Spocko's behalf in January 2007. EFF's letter articulated in detail why Spocko's use of the audio clips for purposes of criticizing the radio program was a fair use protected by U.S. copyright law and the First Amendment. The letter warned ABC that its claim that Spocko had violated its copyright could subject the company to liability for knowing, material misrepresentation of a claim of copyright infringement in violation of section 512(f) of the DMCA and for violations of Cal. Bus. & Prof. Code ยง 17200, a California law prohibiting unlawful, unfair, or fraudulent business practices.

Neither side filed a lawsuit.

Details

Content Type: 

  • Audio

Publication Medium: 

Blog

Subject Area: 

  • Copyright
  • Fair Use
  • DMCA
Court Information & Documents

Jurisdiction: 

  • Pennsylvania

Source of Law: 

  • United States

Relevant Documents: