ABC v. Spocko [1]

Blogger "Spocko" posted audio clips from a talk radio program on San Francisco-based KSFO-AM on his blog [2] 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 [3] and for violations of Cal. Bus. & Prof. Code § 17200 [4], a California law prohibiting unlawful, unfair, or fraudulent business practices.

Neither side filed a lawsuit.