Daily Kos has the saga of one person's campaign against hate radio.

...via Juan Cole's site.....

Spocko Rocks ABC! Micky Mouse blinks! Updated: Spocko jumps in
by Mike Stark
Wed Jan 03, 2007 at 06:18:41 PM PST
Update <2007-1-3 23:15:4 by Mike Stark>: Spocko comments

When I started CallingAllWingnuts, one of the hundreds of bloggers that came by to introduce themselves was Spocko of Spockosbrain (now defunct, for reasons soon to become revealed). Spocko was doing some work related to my own in his own market in California's Bay Area. His target? KSFO, home of Melanie Morgan, Lee Rogers, Brian Sussman and other poisonous 2nd rate talk show wingers.

Since this is Spocko's gig, I'm gonna pretty much use his words to explain what's gone down. Before the flip, to give you something to chew on as you click to the full story, I can tell you this much: you're gonna love what you read. Spocko has actually cost Disney money - he chased away advertisers and forced them to pay a law firm to intimidate his ISP. The story isn't all good though - Spocko's broke and can't afford to wage the legal battle, so he's shut down. That said, maybe we can use this space to buck up his spirits a little bit and see if there are any lawyers that want to file a Rule 11 motion against Disney's unscrupulous lawyers...

anyway, flip for the complete story.

http://www.dailykos.com/story/2007/1/3/202110/2838

Evidently, mega-corporations can enforce their will even when it's they who are in the wrong, simply by virtue of holding unlimited funds with which to litigate, forcing their targets to spend money in their own defense. A classic case of might over right.

and keeping up the letter writing campaign on his behalf.

Moving the files around the net is not a very good idea. As my own recent experiences prove, copyright enforcement is a tricky business and the best bet right now is for the blogger to take the audio off his website while he fights the case.

If he has no ads and takes no donations, it can be seen as a not-for-profit use and would probably fall under fair use under purpose, nature, and substantiability. Effect of the use is debatable, but he would probably lose under that one. True, no one's going to his website to hear the show instead of hearing it on KSFO, but his purpose in distributing the material is to cost KSFO and its parent company advertiser revenue which can be seen as harmful to "potential market for or value of" the shows. It would depend which court you end up in to determine if the potential market factor outweighs the other three. Best to just take it down.

However, it might not be a bad idea for him to keep up his letter writing campaign, and encourage others to do so, by including audio CD's or cassette recordings of the segments in question. This would be a legitimate private use. They might also want to up the letter writing ante to George Mitchell and Roy Disney. Let them hear what their "family friendly" airwaves are churning out.

1. There's the "Fair Use" law, that EASILY covers up to 30 seconds of copyrighted material. And it can be used in several clips, as long as the material is not continuous.

2. Spocko can argue he's doing what he is under a "news umbrella," ie, public interest.

I believe there might have been a case that said otherwise.

It seems like there was a recent case (in the last year) where that was an issue, and a federal court ruled in favor of bloggers.

http://www.eff.org/bloggers/lg/faq-ip.php

http://www.eff.org/bloggers/lg/faq-journalists.php

What great work. It is a new and very very effective way to expose the worst of the worst of the radio hate-mongers and hit them right where it hurts.

Spocko is a smart, brave little monger-stopper!

I just posted this article on my blog, and included links to the Google cache of Spock's Brain and a blog that reposted the audio files:

http://ltradio.blogspot.com/2007/01/wrath-of-spocko.html

one person can accomplish. I hope Spocko can get the support to take this to the next level. Maybe Keith can help this process along by airing this on Countdown.