Fox Threatens to Sue Co. Over Billboard

[Snellius]

ATLANTA - Fox News Channel is threatening to take a sign company to court if it does not post a cheeky billboard tweaking archrival CNN.

Fox claims the owners of the billboard, across the street from CNN's Atlanta offices, refuse to post a message trumpeting Fox's successes in the ratings war between the cable networks.

Fox lawyer Dianne Brandi said in a letter that Atlanta company Camfaux may have buckled to pressure from CNN not to put up the message.

"Should you choose not to put up the billboard immediately, we will consider all options available to us, including, of course, legal options," Brandi wrote

http://news.yahoo.com/news?tmpl=story&u=/ap/20040507/ap_en_tv/fox_cnn_billboard_5

[saigon68]

1. FAUX= Infant Child at Play

Fair and Balanced ?

[maddezmom]

2. first skinner now this....

WAAAAAAHAAAA. :)

[izzie]

3. Re-do this please.

I think you are saying Fox is taking CNN to court because they will not put up a billboard. That does not enter my head right. 3 aspirins has not helped.I must be going mad.

[workforpower]

4. Time for tort reform.

These frivolous Law suits are tying up the courts.

[TO Kid]

5. Rather two-faced of them

I've never seen Fox programming, but if they're as pro-free enterprize as I've heard then they'd respect the right of the billboard owners to choose what goes up. GD hypocrites.

[newyawker99]

13. Hi TO Kid!!

Welcome to DU!! :toast:

[Ms. Clio]

6. what the fuck???

How do you LEGALLY force anyone to put up a billboard, or to say something you want them to say???

[jayfish]

7. Uhhhh... What Was Faux's Position RE: The Super Bowl and MoveOn.org?

Oooohhh... thats right, they didn't support MoveOn's right to be heard, did they? Fucking fascist hypocrites.

Jay

[Columbia]

8. What was DU's position on RE: Michael Moore and Disney?

Similar type of case, yet the jury swings the other way. So which do you support people? Is there a right to be heard so as to force another private entity to disseminate your product or not? Who here is going to start a thread to boycott this billboard company now?

[Tiberius]

9. My take

This is probably an issue of contract law more than anything else, but this is only a rough guess: Disney was probably under no contractual obligation to distribute Moore's film, therefore they can choose to distribute it or not, based on any criteria they choose.

The billboard company is probably under a contractual obligation to put up whatever Fox tells them to put up.

So, believe it or not, I feel that *both* Disney and Fox are in the right. (I can't believe I just said that, I have to go wash out my mouth with soap now)

[Ms. Clio]

11. Did you actually read the article? There is no "contractual obligation"

"Camfaux president Tony Vergoven said his company owned the billboard when Fox began renting it in 1999 but has since sold it to Boardworks Outdoor Advertising, another Atlanta company.


"We have no control, or we'd be taking care of Fox," Vergoven said."

[Eye and Monkey]

20. Moore claims there are two "non-distribution" clauses in his contract.

If I understood correctly, one is if the film went over a specific budget amount - perhaps 36 million (I don't remember exactly). Moore claimed the film had been finished for considerably less.

The second was if the film received an NC-17 rating. Moore claimed it had not done that either.

From an interview on NPR this past week.

[jayfish]

12. Not Similar But An Interesting ?. Here Is My Answer.

As far as I can tell with the Disney/Moore situation, Disney is not distributing Moore's movie, Mirimax is. There is a clause in the Disney/Mirimax contract that says Disney can prohibit Mirimax from distributing the film. Now on the question of where I stand on this issue as a whole. If you buy the space or have the money to buy the space and the message is not false, it should be heard. So basically Fox should be heard. The problem is that they do not extend that philosophy to anyone on the "left" side of life. They also decry the use of frivolous lawsuits while filing their own at the drop of a hat (Fox v. Franken).They are hypocrites and will receive no support from me.

On a lighter note, how does one boycott a billboard company?
:evilgrin:

Jay

[rocktivity]

17. According to what Moore posted on his web site on May 7

In April of 2003, I signed a deal with Miramax, a division of the Walt Disney Co., to finance and distribute my next movie, Fahrenheit 9/11...In my contract it is stated that Miramax will distribute my film in the U.S. through Disney's distribution arm, Buena Vista Distribution...

A month later, after shooting started, Michael Eisner...furious that Miramax signed this deal with me...said he would never let my film be distributed...But...Eisner did not...(order) Miramax...to stop my film...(F)or the next year, SIX MILLION dollars of DISNEY money continued to flow into the production of making my movie...

Miramax exists to provide an ALTERNATIVE to the usual Disney (family) fare...(T)he #1 Disney film in theaters right now is...KILL BILL, VOL. 2...Pulp Fiction...(was) distributed by Disney...(C)ontractually, (Disney) can only stop Miramax from releasing a film if it has received an NC-17 rating...

So unless Disney can explain why they continued to pay for the making a movie they had no intention of distributing, THEY'RE the ones in breach of contract!

More

:headbang:
rocknation

[samsingh]

10. sounds like a frivolous law suit

aren't the repugs against these?

[Wapsie B]

15. Only when it's a

low to middle income American attempting to sue a corporation for damages. They ignore the real problem of companies suing each other for a myriad of reasons. ie: They'll scream about the little old lady spilling coffee on herself at McDondald's, but ignore McDonald's suing other individuals and corporations for their use of "Mc."

[central scrutinizer]

18. and they love SLAPP lawsuits

Strategic Lawsuits Against Public Participation - don't like a citizens' group asking questions about your company? Just start suing them. They don't have the money to fight back and will soon be bankrupt and out of your hair.

[Wapsie B]

19. Geez, I never heard of them before.

Just when you think korporate amerika can't get any sleazier........

[central scrutinizer]

23. Google SLAPP for more info

including attempts to fight back and outlaw this tactic.

[PurityOfEssence]

14. Ah yes: "nyah-nyah", the leitmotif of the true unswervative

Nelson Muntz for President!

[napi21]

16. Does a company HAVE to accept any ad ?

I'm not an attorney, but I don't think a company can be forced to post, run or air any ad just because someone is willing to pay for it. There are laws prohibiting FALSE advertising, indecency, discrimination, etc. but I don't think a company can be forced to take business.

Sounds to me like another O'Reily suite. He didn't win either!

[havocmom]

21. If a cafe can refuse to serve someone, seems like a bilboard company

probably has teh same rights. I pick and choose what work I take on.

[napi21]

26. I hope Fox gets the same outcome with this suite as the O'Reily one.

They were made to look like fools before the judge! I hope they never learn! Sooner or later the public will see them for what they are!

[trapper914]

27. In Broadcasting, They don't....

...unless it's an ad for a political candidate.

[crossroads]

22. What is the difference between them?

CNN sounds pretty *faux* to me. Anyone really listen to Wolf lately? Sounds like he and Candy work for the WH or the Rep Party. Very biased info! There were a couple of threads on DU recently about boycotting CNN because of this. I recall I sent a couple of emails complaining.:mad:

[Deja Q]

24. Is Brandi implying illegal options? Did the billboard owners take money?

"Should you choose not to put up the billboard immediately, we will consider all options available to us, including, of course, legal options," Brandi wrote...

Did the billboard owners take the money but not put up the sign?

Otherwise there is no basis. FOX can't go around being the corner bully.

This sort of thing is typical American childish bickering. America is a land of lawsuits and opportunists... All I know is, the conveniently forgotten Bible passages don't quite favor opportunists and the greedy...

[booley]

25. I hpe they do and I hoe they WIN

becuase then all the groups like adbusters and amnesty international that were denied billboard space will have a legal precedent to finally get conservative leaning companies like Gannet to run thier ads as well.

for once, the cons total lack of forsight or consequences can work for us!

[jayavarman]

28. That Billboard is Always Rented by FOX

I think is says something like "Come Back Connie, CNN needs you" right now. I don'r really understand what it means, but they have tweaked CNN on that billboard for years