Fox News Suffers Major Legal Defeat to TVEyes

[Roy Rolling]

Source: Hollywood Reporter

On Tuesday, a New York federal judge issued a significant "fair use" ruling, and in the process, handed Fox News a major legal loss in its attempts to protect its news shows from exploitation.

The lawsuit concerns TVEyes, which might not be widely known, but is used by MSNBC, ABC, CBS, Reuters and Bloomberg to monitor what is being said on Fox News and more than 1,400 other television and radio stations. Besides use by media organization, TVEyes' clients also include the White House, 100 members of Congress, the Department of Defense, the American Red Cross, AARP, Goldman Sachs, the Association of Trial Lawyers and many others.

These customers create customized search terms and are able to get access to transcripts and video clips. Fox News has warned that such a service — because it also allows those who pay a flat fee of $500 a month to watch live streams -- will erode its ratings and "decimate" its business.

There was even more at stake. As anyone who watches MSNBC knows, Fox News clips are often shown widely in the media. In this lawsuit, Fox News expressed concern that TVEyes competes with its own authorized clip service, which has deals with Yahoo, Hulu and YouTube. What's revealed in today's ruling is that Fox News licensees must agree they will not show clips in a way that is derogatory or critical of Fox News.


Read more: http://www.hollywoodreporter.com/thr-esq/fox-news-suffers-major-legal-731610?utm_source=Sailthru&utm_medium=email&utm_term=hollywoodreporter_breakingnews&utm_campaign=THR%20Breaking%20News_now_2014-09-09%2014%3A42%3A48_ehayden

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The hunter gets captured by the prey

[Uncle Joe]

1. Kicked and recommended

Thanks for the thread, Roy Rolling.

[shenmue]

2. Yes!

Anything bad for Fox News is fine for me!

[Roy Rolling]

20. Yeah you right.

Any story that starts with "Fox News suffers a major legal defeat" is a victory for advocates of a free and democratic media.

[ailsagirl]

3. GREAT!!!!!

For Faux, though...

[Duval]

4. It's a beginning. n/t

[tomm2thumbs]

5. Fox is playing games

and they lose when they do!

[Thor_MN]

6. "You want to hold us accountable for the bullshit we spew?" -Faux News

[Fred Sanders]

7. Fox News licensees must agree not to use or show clips critical or derogatory of Fox News???

So all these video services are muzzled from the world knowing how much defrost ion and criticism Fox truly deserves?

Truly shocking. That is the major set back to their propaganda, light shining on bullshit mountain.

On the main legal issue and the poverty defence, the judge knocked over the mountain:

"On one of the other factors in the fair use analysis — the effect of the use upon the potential market for the copyrighted work — Judge Hellerstein says that Fox News has failed to show that TVEyes is threatening its revenues from advertisers or cable and satellite providers. He adds there's "no basis" for concluding that people are using the media monitoring service as a substitute for watching Fox News and even ridicules the cable news network for alleging harm from lost clip licensing revenue. According to the ruling, Fox makes $212,145 from syndication partners and $246,875 from the licensing of clips — "a very small fraction of its overall revenue," the judge notes.
"I find that the small possible market harm to Fox News is substantially outweighed by the important public benefit provided by TVEyes," concludes the judge."

[groundloop]

9. If I'm reading the article correctly, TVEyes is NOT a Faux News licensee....

And therefore is not bound by any such agreement. Faux filed the suit because they weren't getting any revenue from users of TVEyes.

[tblue37]

22. AND because the outlets that use TVeyes sometimes DO use FOX clips to criticize FOX. nt

[freshwest]

8. Is it a victory? This is the death knell of Media Matters, etc.

...Fox News licensees must agree they will not show clips in a way that is derogatory or critical of Fox News.

The entities listed as paying $500 a month to get the clips, won't be able to rebut Faux Lies. This is a mainstay of TRMS and others. Does not look like a loss to me.

Please explain how this interpretation of 'fair use' although it sounds great on the surface, isn't undone by that caveat.

Al Franken was sued by them and they lost in court since the demagogue O'Reilly wanted to censor his freedom of speech. But O'Reilly was censoring people openly and trained the viewers to expect all progressives and liberals to be shut down as foolish fringe folk with failed ideas.

The psychological technique of tossing one liberal to a pack of hostile jackals was their classic method, since then adopted by others. It was designed to make them appear feeble in character and philosophy is accepted and not questioned by their viewer anymore. The honest citizen who must work to formulate solutions and runs for office is hampered by the idea they must make voters swoon with delight or be called weak. In fact, the 'left' sings the same tune about good people speaking out to promote our ideas.

Another lawsuit about FNN censoring its own staff from telling truths FNN's corporate sponsors didn't want heard, commonly called FNN's freedom to lie about things, was not won. Americans do not resist blatant propaganda if it feels good. They don't know the difference from that and facts.



Don't get me wrong, I'd love to see Fux Noise off the air. They've never respected the Fairness Doctrine, instead they demonize it and were part of the coup of 2000.

Their use of the term 'fair and balanced' is mockery. They've indoctrinated the masses using 1984 as the instruction manual since the 1990s and have effectively set the mindset to undo all the New Deal with malice aforethought, along with human rights.

They are evil.

[Ruby the Liberal]

10. Actually, the opposite, I believe

TVEyes competes with Fox licensees - thats why they sued.

[freshwest]

11. Quite possible. I was using a broader view of the term than affiliates.

[Roy Rolling]

17. Fox has its own

Licensing service that sells to Hulu, etc., and is a competitor of TVEyes. Only Fox's own proprietary service restricts usage to friendly and supportive messages from Fox.

TVEyes uses the clips any way they want without restriction, which is why Fox sued them. They don't want John Stewart and others to use Fox clips to expose the Fox stupidity.

[freshwest]

21. Thanks! So long as they can't stop the critique of their programs, which is the worst on cable!

Whoever controls the media, controls the mind.

~ Jim Morrison

[underpants]

13. Actually this appears to be a step above Media Matters which the RW *HATES*

Specifically talk radio -Rush- they could completely change their position or just re-write what they said (" and I am sure you remember" ) and there was no way to call them on it. They HATE Media Matters and I can see why they would want to stop this operation.

[freshwest]

14. Yes, Media Matters is on their 'enemies' list. Just like SPLC is on alternative media's hate list.

Media Matters has been particularly devastating to the BIG LIE they seek to push daily. It chronicles, like SPLC, the players, the words, the images and the results of demagoguery. The RW abuse copyright to stop the truth getting out about their true goals. They will never stop lying to get what they want. Thanks for the comment...

[ellennelle]

15. BRING BACK THE FAIRNESS DOCTRINE!!!!

you do know there is no more fairness doctrine, right?

went out with reagan.

do note the timing; immediately, the shock jocks were unleashed, murdoch slimed right in to the vacuum devoid of civil discourse, and poof, just like that, democracy was snuffed.

think about the difference in the news if it were reinstated. all that hatred and vitriol, all those falsehoods and slanderous accusations, all those lies? they would be forced to give their targets equal time to defend themselves!!!

am i the only one who noticed that right after obama was elected, the rightwingnuts freaked out that he might bring back the fairness doctrine.

i never did understand why the dems let that slide. think of all the grief they'd have spared themselves, and the country.

[Roy Rolling]

18. Yes

The demise of the Fairness Doctrine is a key factor in the unleashing of unchallenged propaganda in the U.S. Media.

[underpants]

12. I wonder if the Daily Show uses this

[Cha]

16. TVEyes need to keep an Eye on Chucky Todd, too.. thanks Roy Rolling

[Roy Rolling]

19. You're welcome

Another 148,000 posts and I'll be a mega-contributor like you. No...thank YOU.

[Cha]

26. It's not quantity it's quality. :)

[bvar22]

23. DURec 100!

....very interesting.

[gademocrat7]

24. K&R

[obxhead]

25. How can any clip of Fox News not be used in a derogatory manner?

How will this effect DTS?