The first blogswarm of 2007

And it's a big one -- about fair use and free speech.

You see, a blogger by the screen name of "Spocko" exercised his first amendment right to speak out against the right-wing hate hosts of WKOS radio in the California Bay area by writing to the shows' sponsors inquiring if they were aware of the kinds of messages they were supporting by buying ad time on these shows and informing them that by advertising on them, they are giving the impression of supporting such views.

This kind of letter-writing campaign to advertisers is nothing new. But Disney, which owns ABC and therefore the radio affiliate being targeted, decided that the snippets from the radio broadcast that "Spocko" had on his blog were a violation, and sent a cease and desist letter.

But it gets worse:

In mid-December I got confirmation that a major national advertiser, VISA, pulled their ads from the Melanie Morgan and Lee Rogers show, based on listening to audio clips I provided them. I also think that FedEx, AT&T and Kaiser are considering pulling their ads. Visa isn't the first advertiser who has left KSFO, multiple advertisers have left the station, especially from the Brian Sussman show. In July of this year when KSFO lost MasterCard as an advertiser someone from KSFO "outed" me on a counter-blog (which I won't link to). This same person has also threatened me with local and federal criminal action for using the audio (which I clearly used under the fair use portion of copyright law). And because they have suggested violence toward me (in addition to talking about suing me "for everything I have") I have chosen to remain anonymous.

So was "Spocko" in violation of copyright law, or did posting snippets of the kinds of hatemongering and advocacy of violence against individuals and groups that these right-wing hosts spew constitute fair use under the law?

What do YOU think?

When Keith Olbermann and Media Matters ran Melanie Morgan's comments about "putting the bull's-eye on" Speaker-elect Nancy Pelosi, management did nothing. Morgan did a jokey non-apology where she never even mentioned she used the term bull's-eye.

I'm guessing Lee Rogers may have gotten a memo telling him to stop talking about burning people alive, torturing them and blowing their brains out, because on November 30th, he defiantly said to management and advertisers, "Nobody is gonna tell me what to talk about or not talk about or in what fashion on this radio program. It ain't gonna happen!"
ABC/Disney acted only when they lost revenue. Then they went after ME with a cease and desist letter.

So it's not about copyright at all; it's about sponsors not wanting to be identified with radio hosts who say they have a "bulls-eye painted on [Nancy Pelosi's] big laughing eyes" or saying "Now you start with the Sear's Diehard the battery cables connected to his testi*les and you entertain him with that for awhile and then you blow his bleeping head off" about a black man in Nebraska. And therefore it's about money, and we all know that with Disney, as with most megacorporations, money talks.

Mike Stark, best known for being roughed up by George Allen's goons during the fall campaign, details the situation here, along with including some of the offending sound clips AND a list of KSFO advertisers. And an enterprising videographer has distilled the whole mess into a short video.

Let's see how long it takes Olbermann to cover it. My guess? Monday.